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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 DA  05-  1330 
 May  12,  2005 
 Mr.  John  W.  Zucker  Esq.  American  Broadcasting  Companies,  Inc. 
 77  West  66  th  Street,  16  th  Floor  New  York,  NY  10023-  6229 


 Re:  Call  Sign:  E050106  SES-  LIC-  20050414-  00454 
 Dear  Mr.  Zucker: 
 On  April  14,  2005,  American  Broadcasting  Companies,  Inc.  filed  the  above-  captioned  application  for  authority  to  operate  a  Temporary  Fixed  Earth  Station  in  the  Conventional 
 Ku-  Band  1  and  Extended  Ku-  Band.  2  Pursuant  to  Section  25.112(  a)(  1)  of  the  Commission's  rules,  47  C.  F.  R.  §  25.112(  a)(  1),  we  dismiss  this  application  as  defective  for 
 failure  to  identify  the  specific  points  of  communication  for  a  non-  conforming  antenna  in  the  conventional  Ku-  Band  and  for  failure  to  identify  specific  points  of  communication  in 
 the  extended  Ku-  band. 
 In  Schedule  B,  you  indicate  the  Permitted  List  as  the  point  of  communication  and  the  antenna  size  of  your  earth  station  as  0.9  meter.  Since  0.9  meter  is  smaller  than  the 
 conforming  antenna  size  of  1.2  meters  for  the  conventional  Ku-  Band  which  is  routinely  licensed,  your  application  must  either  identify  specific  satellites  as  the  points  of 
 communication  along  with  adjacent  satellite  operator  affidavits  for  the  use  of  the  non-conforming  antenna  or,  alternatively,  you  may  select  the  Permitted  List  as  the  points  of 
 communication  but  must  include  a  2  degree  compliance  demonstration  as  specified  in  Section  25.209(  f)  3  of  the  Commission's  rules.  In  attachments  to  your  application,  you 
 provided  affidavits  from  Panamsat,  Intelsat,  and  SES  Americom  which  operate  satellites  immediately  adjacent  to  the  Galaxy  XI  at  91  o  W.  L  and/  or  SB-  6  at  74  o  W.  L.  Since  you 
 selected  Permitted  List  as  the  points  of  communication,  we  are  unclear  as  to  whether  you  only  intend  to  communicate  with  Galaxy  XI  and  SB-  6  or  whether  you  also  intend  to 


 1  11700-  12200  and  14000-  14500  MHz  bands. 
 2  13750-  14500  MHz  band. 
 3  47  C.  F.  R.  §  25.209(  f). 
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 FEDERAL  COMMUNICATIONS  COMMISSION  DA  05-  1330 
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 communicate  with  other  satellites  for  which  other  adjacent  satellite  operator  affidavits  would  also  be  required.  4 
 Additionally,  your  application  requests  authority  to  transmit  in  the  13.75-  14.0  GHz  band  but  does  not  specify  the  specific  points  of  communication  other  than  Permitted  List.  The 
 Permitted  List  includes  only  geostationary  satellites  operating  in  the  3700-  4200  MHz,  5925-  6425  MHz,  11700-  12200  MHz,  and  14000-  14500  MHz  bands.  Since  neither  the 
 Galaxy  XI  nor  the  SB-  6  satellites,  discussed  in  attachments  to  your  application,  use  the  13.75-  14.0  GHz  band,  we  are  unclear  as  to  which  satellites  are  the  points  of 
 communication  for  this  earth  station  in  this  band.  Therefore,  your  application  is  incomplete  in  regard  to  the  use  of  the  13.75-  14.0  GHz  band. 


 Based  on  the  foregoing  reasons  we  dismiss  the  application  as  incomplete.  However,  we  take  this  opportunity  to  apprise  you  of  other  concerns  we  have  should  you  choose  to 
 refile  the  application. 
 We  note  that  the  Radiation  Hazard  Analysis  submitted  with  your  application  is  an  analysis  for  a  0.8  meter  antenna  which  is  inconsistent  with  the  0.9  meter  antenna  stated  in 
 your  application.  If  you  choose  to  refile,  we  suggest  that  you  revise  this  analysis  to  reflect  a  0.9  meter  antenna. 


 Accordingly,  pursuant  to  Section  25.112(  a)(  1)  5  of  the  Commission's  rules,  47  C.  F.  R.  §  25.112(  a)(  1),  and  Section  0.261  of  the  Commission’s  rules  on  delegations  of  authority,  47 
 C.  F.  R.  §  0.261,  we  dismiss  your  application  as  defective  without  prejudice  to  refiling.  6 


 Sincerely, 


 Scott  A.  Kotler  Chief,  Systems  Analysis  Branch 
 Satellite  Division 


 4  In  addition,  we  request,  if  you  choose  to  refile,  affidavits  from  potentially  affected  satellite  operators 
 which  are  separated  by  6  degrees  or  less  of  the  specific  satellite  you  intend  to  communicate 
 5  47  C.  F.  R.  §  25.112(  a)(  1).  See  also  Echostar  Satellite  LLC,  Order  on  Reconsideration,  DA  04-  4056 
 (released  December  27,  2004). 
 6  If  American  Broadcasting  Companies,  Inc.,  refiles  an  application  identical  to  the  one  dismissed,  with  the 
 exception  of  supplying  the  missing  or  corrected  information,  it  need  not  pay  an  application  fee.  See  47  C.  F.  R.  §  1.  1109(  d). 
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