*Pages 1--3 from Microsoft Word - 39283* Federal Communications Commission Washington, D. C. 20554 DA 04- 1719 June 16, 2004 Mr. Brian Park AfriSpace, Inc. 2400 N St NW Washington, DC 20037- 1188 Re: Application for Authority to Launch and Operate a Replacement Satellite, AfriStar- 2, at 21º E. L. and to Co- locate it with AfriStar- 1, File No. SAT- LOA-20040413- 00082, Call Sign S2624. Dear Mr. Park: On April 13, 2004, AfriSpace, Inc. (“ AfriSpace”) filed the above- captioned application for authority to launch and operate AfriStar- 2 at the at 21º E. L. orbital location. For the reasons discussed below, we dismiss the application as defective, without prejudice to refiling. Section 25.114( c) of the Commission's rules 1 requires all space station applicants to submit all applicable items of information listed in its subsections. In the First Space Station Reform Order, 2 the Commission affirmed the policies embodied in this rule by continuing to require applications to be substantially complete when filed. 3 As the Commission noted, the procedures and rules it adopted will enable the Commission to establish satellite licensees' operating rights clearly and quickly, and as a result, allow licensees to provide service to the public much sooner than might be possible under our previous licensing procedures. 4 Finding defective applications acceptable for filing is not consistent with the rules and policies adopted by the Commission in the First Space Station Reform Order and only serves to create uncertainty and inefficiencies in the licensing process. 1 47 C. F. R. § 25. 114( c). 2 Amendment of the Commission's Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking, IB Docket No. 02- 34, 18 FCC Rcd 10760, 10852 (para. 244) (2003) (First Space Station Reform Order); International Bureau To Streamline Satellite And Earth Station Processing, Public Notice, Report No. SPB- 140, October 28, 1998 (emphasizing the obligation to comply with 47 C. F. R. § 24. 114( c) and stating that applications that did not comply would be dismissed). 3 First Space Station Reform Order, 18 FCC Rcd at 10852 (para. 244), citing Amendment of the Commission's Space Station Licensing Rules and Policies, Notice of Proposed Rulemaking, 17 FCC Rcd at 3875 (para. 84) (2002). 4 First Space Station Reform Order, 18 FCC Rcd at 10765- 66 (para. 4). 1 AfriStar- 2 will provide broadcasting- satellite service (sound) in the 1452- 1492 MHz band. 5 It will also operate feeder links in the 7025- 7075 MHz band. 6 The 7025- 7075 MHz band is allocated on a primary basis to the fixed- satellite service in ITU Regions 1, 2, and 3, and to no other satellite service. 7 The definition of “fixed- satellite service” in Section 25.201 of the Commission’s rules 8 includes “feeder links of other space radiocommunication services.” In Schedule S of its application, AfriSpace states that it plans to launch and operate AfriStar- 2 with 23 dB of cross- polarization isolation on all of its antenna beams, 9 including its feeder- link antenna beam, which is listed in Schedule S of AfriSpace’s application as Beam ID AU2. Section 25.210( i) of the Commission’s rules 10 requires fixed- satellite service space station antennas to be designed to provide a cross- polarization isolation of 30 dB. Thus, AfriSpace’s proposed feeder links do not comply with the Commission's rules. Moreover, AfriSpace has not requested a waiver of Section 25.210( i). Sections 25.112( a)( 2) and (b)( 1) of the Commission's rules 11 state that an application that does not substantially comply with the Commission's rules will be returned to the applicant as unacceptable for filing unless the application is accompanied by a waiver request with reasons supporting the waiver. Therefore, we find AfriSpace’s application defective and return it without prejudice to refiling pursuant to Sections 25.112( a)( 2) and (b)( 1) of the Commission's rules 12 5 Application for Authority to Launch and Operate a Replacement Satellite, AfriStar- 2, at 21º E. L. and to Co- locate it with AfriStar- 1, Application File No. SAT- LOA- 20040413- 00082 (“ AfriSpace Application”) (Form 312 at Item 20). 6 Id. (Exhibit C at para. 1 and Exhibit G). 7 See 47 C. F. R. § 2.106 at p. 58. 8 47 C. F. R. § 25. 201. 9 AfriSpace Application (Item S7.g of Schedule S). 10 47 C. F. R. § 25. 210 (i). 11 47 C. F. R. §§ 25. 112( a)( 2) and 25. 112( b)( 1) 12 47 C. F. R. §§ 25. 112( a)( 2) and 25. 112( b)( 1) 2 Accordingly, pursuant to the Commission’s rules on delegated authority, 47 C. F. R. § 0.261( a)( 4), we find that this application, File No. SAT- LOA- 20040413- 00082, is defective. We therefore dismiss the application without prejudice to refiling. 13 Sincerely, Thomas S. Tycz Chief, Satellite Division cc: Ms. Tara K. Giunta Counsel to AfriSpace, Inc. Coudert Brothers LLP 1627 I ST NW STE 1200 Washington, DC 20006- 4093 13 If AfriSpace refiles an application identical to the one dismissed, with the exception of supplying the missing information, it need not pay a further application fee. See 47 C. F. R. § 1. 1109( d). 3