Attachment SESSTA2010083101110D

This document pretains to SES-STA-20100831-01110 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2010083101110_859752

Federal Communications Commission Washington, D.C. 20554 DA 11—9 January 5, 2011 Afren USA, Inc. 10001 Woodloch Forest Dr #360 The Woodlands, TX 77380— USA Re: Request for Special Temporary Authority (STA) File No.: SES—STA—20100831—01 110 Dear Mr. Hyde: On August 17, 2010, Afren USA Inc (Afren), filed the above—captioned request for special temporary authority (STA) to operate a fixed—satellite service transmit/receive earth station facility, which it describes as "Temporary private VSAT network." Pursuant to Section 25.112 (a)(1) of the Commission‘s rules, 47 C.F.R. §25.112(a)(1), we dismiss this application without prejudice to refiling. ‘ Section 25.112 of the Commission‘s rules, 47 C.F.R. §25.112, 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. Afren‘s application is incomplete, and subject to dismissal, for the following reasons: Section 25.120(a) of the Commission‘s rules, 47 C.F.R. §25.120(a) requires STA requests to contain the full particulars of operation. This includes frequency bands, powers and points of communication. Afren did not submit information relating to the frequency bands requested for operations, the type of equipment to be used, or the points of communications (satellites) with which Afren intends to operate. Further, Section 25.120(a) requires STA requests to include all facts sufficient to justify the temporary authority sought. Afren provided no such information. Without this information, we cannot make a finding that extraordinary circumstances require immediate operation and a delay in these operations would seriously prejudice the public interest. See 47 §25.120(b)(1). If Afren chooses to refile the STA request, it should provide both the full particulars of operation and a justification for the request. See Section §25.134 of the Commission‘s rules for licensing provisions for VSAT networks47 C.F.R. §25.134. In addition, Afren should submit a radiation hazard analysis (see 47 C.F.R. §1.1307(b)) and a frequency coordination analysis if required by Section 25.130(b) of the rules, 47 C.F.R. §25.130(b). ‘ If WDR refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. § 1.1111(d).

Federal Communications Commission DA 11—9 Accordingly, pursuant to Section 25.112 (a) (1) of the Commission‘s rules, 47 C.F.R. §25.112(a), and Section 0.261 of the Commission‘s rules on delegations ofauthority, 47 C.F.R. §0.261, we dismiss this application without prejudice. mc ely, hiblles ul Blais Chief, Systems Analysis Branch Satellite Division International Bureau Cs: Christian Hyde Hyde and Associates 35 Boulevard Voltaire Paris, 75011 FRA christian@hydeandassociates.com


Document Created: 2011-01-05 13:58:53
Document Modified: 2011-01-05 13:58:53
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