Attachment 08 Dismiss Letter

This document pretains to SES-MOD-20080409-00444 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2008040900444_638928

Federal Communications Commission Washington, D.C. 20554 DA 08-1067 May 5,2008 Mr. Robert W. Swanson Vizada, Inc. 1 101 Wootton Parkway, IO“’ Floor Rockville, MD 20852 Re: Call Sign E930320 File No. SES-MOD-20080409-00444 Dear Mr. Swanson: On April 9, 2008, Vizada, Inc. (Vizada) filed the above-captioned application to modify its Ku-Band’ Earth Station on board Vessel (ESV) license to add u p to 350 new 1.5 meter antennas’ and add new emissions. Pursuant to Section 25.1 12(a)(1) of the Commission’s rules, 47 C.F.R. 5 25.1 12(a)(I ) , we dismiss without prejudice to refiling the portion of the application that seeks to use the 1 M43G1 W and 3M35G 1 W emissions. Section 25.1 12 of the Commission’s rules, 47 C.F.R. 5 25.1 12, requires the Commission to return, as unacceptable for filing, any earth station application that is not substantially complete, contains internal inconsistencies, or does not substantially comply with the Commission’s rules. A portion of Vizada’s application is internally inconsistent, which renders it unacceptable and subject to dismissal. The deficiency is as follows: In response to item E48 of Schedule B, Vizada lists the maximum EIRP per carrier for emission 1M43Gl W as 55.0 dBW and for emission 2M35G1 W as 57.2 dBW. These values are higher than, and therefore inconsistent with, the 52.0 dBW Total EIRP for all carriers listed in response to item E40 of Schedule B. Given these inconsistencies, we cannot determine the proposed emission power for emissions 1 M43G1 W and 2M35G1 W. Thus, the portion of Vizada’s application seeking to use the 1 M43G1 W and 2M35G1 W emissions in the 14.0-14.5 GHz band is defective. I 10.95- 1 1.2, 1 1.45- 12.2, 14.0- 14.5 GHz frequency bands. ‘ SeaTel Model 6006.

Federal Communications Commission DA 08-1067 Accordingly, pursuant to Section 25.1 12(a)( 1) of the Commission’s rules, 47 C.F.R. $25.1 12(a)(l), and Section 0.261 of the Commission’s rules on delegations of authority, 47 C.F.R. 40.261, we dismiss the application to the extent above without prejudice to refiling.’ Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau -’ If Vizada refiles an application identical to the portion dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. 5 1.1 109(d). 2


Document Created: 2008-05-06 12:34:57
Document Modified: 2008-05-06 12:34:57
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