*Pages 1--1 from Microsoft Word - 48598.doc* Federal Communications Commission Washington, D. C. 20554 DA 05- 1332 May 12, 2005 Michael Smith Alabama, State of 201 Monroe Street Montgomery, AL 36104 Re: Call Sign E950116 File No. SES- LIC- 20050419- 00473 Dear Mr. Smith: On April 19, 2005, you filed the above- captioned application for authority to operate a Temporary- Fixed Ku- Band Transmit/ Receive Earth Station. For the reasons discussed below, we dismiss the application as defective, without prejudice to refiling. 1 A review of the application reveals that you did not submit all required information on FCC Form 312 – Schedule B (Items E21 - E60). Based on the foregoing reason 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 in question 20 of the Main Form, you selected Mobile Satellite for the Nature of Service. If your earth station will be fixed while operating, then the Nature of Service is Fixed Satellite. When you refile your application, we suggest that the Nature of Service be revised, if appropriate. Accordingly, pursuant to Section 25.112( a)( 1) 2 of the Commission’s rules, we dismiss your application as defective without prejudice. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division 1 If Alabama, State of, refiles an application identical to the one dismissed, with the exception of supplying the missing information, it need not pay an application fee. See 47 C. F. R.§ 1. 1109( d). 2 47 C. F. R. § 25. 112( a)( 1). See also Echostar Satellite LLC, Order on Reconsideration, DA- 4056 (released December 27, 2004). 1