*Pages 1--2 from  Microsoft Word - 52900.doc*
 Federal  Communications  Commission  Washington,  D.  C.  20554 
 DA  05-  2925 
 November  04,  2005 


 Ms.  Kathy  L  Hough  Vyvx,  LLC 
 One  Technology  Center  Tulsa,  OK  74103 


 Re:  Call  Sign:  E000358  File  No.:  SES-  MOD-  20051020-  01431 


 Dear  Ms.  Hough: 
 On  October  20,  2005,  Vyvx,  LLC  (Vyvx)  filed  the  above-  captioned  application  to  add  a  4.5  meter  antenna  to  Earth  Station  Call  Sign  E000358  operating  in  the  Fixed  Satellite  Service  (FSS)  using 
 the  10.95-  11.  2,  11.  45-  12.  2,  and  14.  0-  14.5  GHz  bands.  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. 


 Specifically,  Vyvx  indicates  in  Form  312  Schedule  B  of  the  application  that  the  only  Points  of  Communication  for  the  proposed  antenna  are  ALSAT-  designated  satellites.  Only  those  fixed-satellite 
 service  earth  stations  that  are  two-  degree  compliant  and  that  operate  in  the  3700-  4200  MHz,  5925-  6425  MHz,  11.  7-  12.2  GHz,  or  14.0-  14.5  GHz  bands  can  request  ALSAT  as  a  point  of 
 communication.  Because  Vyvx’s  proposed  operation  are  also  in  the  10.95-  11.2  and  11.45-  11.7  GHz  bands,  Vyvx’s  application  must  specify  the  specific  satellite  or  satellites  with  which  the 
 proposed  FSS  earth  station  seeks  to  communicate  in  these  bands.  1  Since  Vyvx  did  not  provide  this  information,  we  are  dismissing  this  application  as  defective. 


 Moreover,  because  Vyvx  responded  yes  to  question  28  of  the  312  Main  Form,  which  asks  whether  a  Commission  grant  of  any  proposal  in  this  application  would  have  a  significant 
 environmental  impact  as  defined  by  47  C.  F.  R.  §1.1307,  its  application  should  also  include  an  Environmental  Assessment,  as  required  by  Sections  1.  1308  and  1.  1311  of  the  Commission’s 
 rules,  47  C.  F.  R.  §§  1.1308  and  1.1311. 
 Furthermore,  the  current  authorization  for  this  earth  station  indicates  that  the  regulatory  classification  is  Common  Carrier.  Vyvx  indicates  in  the  312  Main  Form  that  service  using  the 
 new  antenna  will  be  on  a  non-  Common  Carrier  basis  (question  21).  However,  in  describing  the  modification  in  question  43  of  the  main  form,  Vyvx  indicates  that  the  status  is  “Common  Carrier 


 1  Amendment  of  the  Commission’s  Regulatory  Policies  to  Allow  Non-  U.  S.-  Licensed  Space  Stations  to 
 Provide  Domestic  and  International  Services  in  the  United  States,  First  Order  on  Reconsideration,  IB  Docket  No.  96-  111,  15  FCC  Rcd  7207,  7214-  16  (paras.  16-  20). 
1