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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 DA  06-  1637 
 August  15,  2006 
 Mr.  Patrick  L.  Donnelly  Sirius  Satellite  Radio  Inc. 
 1221  Avenue  of  the  Americas  36th  Floor 
 New  York,  NY  10020 
 RE:  Call  Sign  E060277  File  No.:  SES-  LIC-  20060721-  01236 
 SES-  STA-  20060721-  01237 
 Dear  Mr.  Donnelly: 
 On  July  21,  2006,  Sirius  Satellite  Radio  Inc.  (Sirius)  filed  the  above-  captioned  application  and  request  for  Special  Temporary  Authority  to  operate  a  Fixed-  Satellite  Service 
 transmit/  receive  fixed  earth  station  using  the  Ku-  band.  1  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  defective  without 
 prejudice  to  refiling. 
 Sirius  lists  ALSAT  as  the  point  of  communication  for  this  earth  station.  ALSAT  may  only  be  listed  as  a  point  of  communication  for  routinely  authorized  earth  stations.  2  Sirius’ 
 proposed  earth  station,  however,  does  not  conform  to  the  Commission’s  routine  processing  standards.  In  response  to  question  E49  on  Schedule  B,  Sirius  lists  the  Maximum  EIRP  density 
 per  carrier  as  51.16  dBW/  4kHz  for  the  8M0G7W  digital  emissions.  This  corresponds  to  a  power  density  at  the  input  of  the  antenna  flange  of  -8.  24  dBW/  4  kHz.  This  value  exceeds  the  maximum 
 input  power  spectral  density  limit  of  -14  dBW/  4  kHz  for  routinely  authorized  earth  stations  in  Section  25.212(  c)  of  the  Commission’s  rules,  47  C.  F.  R.  §  25.212(  c).  Therefore,  Sirius  may  not 
 designate  ALSAT  as  a  point  of  communication  for  the  proposed  emissions  and  must  identify  the  specific  satellites  with  which  the  earth  station  will  communicate.  Also,  in  accordance  with 
 Section  25.220(  e)(  1),  Sirius  is  required  to  include  with  the  application  a  certification  from  each  target  satellite  operator  that  the  target  operator  has  reached  agreements  with  adjacent  satellite 
 operators  regarding  the  non-  routine  operations.  The  application  does  not  include  this  certification. 


 1  11.  7-  12.2  and  14.  0-  14.  5  GHz  bands. 
 2  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,  7210  n.  19. 
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 Federal  Communications  Commission  DA  06-  1637 
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 In  light  of  the  above,  pursuant  to  Section  25.112(  a)(  1)  3  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  both  applications  as  defective  without  prejudice  to  refiling.  4 


 Sincerely, 


 Scott  A.  Kotler  Chief,  Systems  Analysis  Branch 
 Satellite  Division  International  Bureau 


 3  47  C.  F.  R.  §  25.  112(  a)(  1).  See  also  EchoStar  Satellite,  LLC,  Order  on  Reconsideration,  DA  04-  4056 
 (rel  December  27,  2004). 
 4  If  Sirius  refiles  a  license  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.  Section  1.  1109(  d). 
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