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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 DA  06-  1993 
 October  05,  2006 
 Mr.  Michael  J.  Beattie  DataPath,  Inc. 
 2450  Satellite  Blvd.  Duluth,  GA  30096-  5801 


 RE:  Call  Sign  E060320  File  No.:  SES-  LIC-  20060816-  01393 
 Dear  Mr.  Beattie: 
 On  August  16,  2006,  DataPath,  Inc.  (DataPath)  filed  the  above-  captioned  application  for  a  new  license  to  operate  a  Ka-  band  1  earth  station  located  in  Duluth,  Georgia.  DataPath  proposed 
 to  use  2.4-  meter  and  3.9-  meter  antennas  to  communicate  with  the  AMC-  15  and  AMC-  16  satellites.  Pursuant  to  Section  25.112(  a)(  1)  of  the  Commission’s  rules,  47  C.  F.  R.  §  25.112(  a)(  1), 
 we  dismiss  the  application  as  defective  without  prejudice  to  refiling. 
 In  response  to  question  E49  of  Schedule  B  of  the  application,  DataPath  lists,  for  the  2.4-  meter  antenna  in  the  frequency  bands  28.4-  28.  6  GHz  and  29.5-  30.  0  GHz,  the  maximum  EIRP 
 density  value  of  40.65  dBW/  4kHz  for  the  emission  100KG1W.  This  value  is  less  than  the  average  value  of  50.66  dBW/  4kHz  calculated  using  the  100  kilohertz  bandwidth  and  the 
 maximum  EIRP  of  64.63  dBW  from  the  response  to  question  E48.  Given  this  inconsistency,  we  cannot  determine  the  proposed  emission  power. 


 In  addition,  the  application  is  missing  various  antenna  radiation  patterns  for  the  proposed  2.4-  meter  and  3.9-  meter  antennas  as  required  under  Section  25.138(  d)  of  the  Commission’s  rules. 
 Specifically,  DataPath  did  not  provide  a  series  of  radiation  patterns,  as  a  minimum,  consisting  of  the  lowest,  middle,  and  highest  frequencies  used  for  the  transmission  in  the  28.4-  28.6  GHz  and 
 29.5-  30.0  GHz  bands.  The  series  of  patterns  must  contain:  (1)  antenna  radiation  in  the  azimuth  plane  from  ±10  degrees  and  ±  180  degrees  and  in  the  elevation  plane  from  zero  to  30  degrees  for 


 Co-  polarization;  and  (2)  antenna  radiation  in  the  E-  and  H-  planes  from  ±  10  degrees  for  the  Cross-  polarization. 


 In  light  of  the  above,  pursuant  to  Section  25.112(  a)(  1)  2  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  the  application  as  defective  without  prejudice  to  refiling.  3 


 1  17.  7-  20.2  GHz  and  27.  5-  30.0  GHz. 
 2  47  C.  F.  R.  §  25.  112(  a)(  1).  See  also  EchoStar  Satellite,  LLC,  Order  on  Reconsideration,  DA  04-  4056 
 (released  December  27,  2004). 
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 Federal  Communications  Commission  DA  06-  XXXX 
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 Sincerely, 
 Scott  A.  Kotler  Chief,  Systems  Analysis  Branch 
 Satellite  Division  International  Bureau 


 3  If  Datapath  refiles  an  application  identical  to  the  one  dismissed,  with  the  exception  of  supplying  the 
 corrected  information,  it  need  not  pay  an  application  fee.  See  47  C.  F.  R.  Section  1.1109(  d). 
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