*Pages 1--2 from Microsoft Word - 49284.doc* Federal Communications Commission Washington, D. C. 20554 DA 05- 1647 June 10, 2005 William S. Carnell Latham & Watkins 555 11 th Street, NW Suite 1000 Washington, DC 20004 Re: Call Sign: E980375 SES- MOD- 20050516- 00599 SES- AMD- 20050527- 00670 Call Sign: E980376 SES- MOD- 20050516- 00598 SES- AMD- 20050527- 00671 Dear Mr. Carnell: On May 16, 2005, Orbimage, Inc. (“ Orbimage”) filed the above- captioned applications to modify its existing Earth Stations in Dulles, VA 1 and Barrow, AK 2 to add OrbView- 5 as a point of communication to transmit in the S- Band 3 and receive in the X- Band. 4 On May 27, 2005, Orbimage amended the applications to revise Earth Station Antenna Elevation parameters. Pursuant to Section 25.112( a)( 1) of the Commission's rules, 47 C. F. R. § 25.112( a)( 1), we dismiss both applications, as amended, as defective because of internal inconsistencies in the power levels provided. Specifically, there are inconsistencies for the Equivalent Isotropic Radiated Power (EIRP) provided in the applications when compared with that derived from other data in the applications. In Item E49, you indicate that the Maximum EIRP Density per Carrier is –88.6 dBW/ 4 kHz. This value is less than and therefore inconsistent with the average value of +37.95 dBW/ 4 kHz as derived from the Maximum EIRP per carrier of 53.0 1 Call Sign E980375. 2 Call Sign E980376. 3 2092. 6 MHz with 128 MHz Necessary Bandwidth. 4 8210 MHz with 150 MHz Necessary Bandwidth, 8210 MHz with 370 MHz Necessary Bandwidth, and 8394 MHz with 59. 7 kHz Necessary Bandwidth. 1 FEDERAL COMMUNICATIONS COMMISSION DA 05- 1647 dBW (Item E48) and a 128 kHz bandwidth for the S- Band emission (Item E47). Given this inconsistency, we cannot determine the actual emission power in use. While we dismiss the application on the above basis, we take the opportunity to apprise you of other concerns we have should you choose to re- file the application. In addition, there are inconsistencies for the Equivalent Isotropic Radiated Power (EIRP) provided for the X- Band Receive parameters provided in the applications when compared with that derived from other data in the applications. In Item E49, you indicate that the Maximum EIRP Density per Carrier is –145.3, -149.2, and -142.8 dBW/ 4 kHz for the 150MG1D, 370MG1D, and 59K7G1D emissions, respectively. These values are less than and therefore inconsistent with the average values of 17.54, -21.46, and -16.24 dBW/ 4 kHz as derived from the Maximum EIRP per carrier of +28.2, +28.2, and -4.5 dBW (Item E48), respectively. These parameters for Items E48 and E49 are not consistent for emission parameters of a receiver. 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 applications, as amended, as defective without prejudice to refiling. 6 Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 5 47 C. F. R. Section 25.112( a)( 1). See also Echostar Satellite LLC, Order on Reconsideration, DA 04- 4056 (released December 27, 2004). 6 If Oribimage refiles an application identical to the one dismissed, with the exception of supplying the missing and corrected information, it need not pay an application fee. See 47 C. F. R. Section 1. 1109( d). 2