Federal Communications Commission
Washington, D.C. 20554
March 25, 2016
DA 16-320
Mr. Sydney White
DLA Piper
500 8th Street, N.W.
Washington, DC 20004
sydney.white@dlapiper.com
Call Sign:   E080209
File No.:     SES-MOD-20151103-00813
 
Dear Mr. White:
On November 3, 2015, DataPath, Inc. (DataPath) filed the above-captioned application to 
modify its current Temporary-Fixed Satellite earth station license to add four new transportable 
antennas to operate with the Permitted List satellites in the 11.70-12.20 GHz (space-to-Earth) and 
14.00-14.50 GHz (Earth-to-space) frequency bands.  Pursuant to Section 25.112(a)(1) of the 
Commission’s rules, 47 C.F.R. § 25.112(a)(1), we dismiss the application, without prejudice to 
re-filing.1
Section 25.112(a)(1) of the Commission’s rules, 47 C.F.R. § 25.112(a)(1), requires the 
Commission to return, as unacceptable for filing, any earth station application that is not 
substantially complete, contains internal inconsistencies, or does not substantially comply with 
the Commission’s rules.  For the reason set forth below, we find DataPath’s application is 
deficient and subject to dismissal.
DataPath’s response to Question 15 in Schedule B of its application indicates that 
Antenna ID QCT90 does not comply with the performance standards outlined in Sections 
25.209(a) and (b) of the Commission’s rules, 47 C.F.R. § 25.209.  Section 25.209(f) requires that 
an earth station with an antenna not conforming to relevant standards in Sections 209(a) and (b) 
will be authorized only if the applicant demonstrates under Section 25.218(b) that the antenna 
will not cause unacceptable interference.2 As required by Section 25.115(h), the demonstration 
must include three tables showing the off-axis EIRP level of the proposed earth station antenna of 
the plane of the geostationary orbit, the elevation plane, and towards the horizon.3 In each table, 
the EIRP level must be provided at increments of 0.1° for angles between 0° and 10° off-axis, and 
  
1 If DataPath, Inc. refiles an application in which the deficiencies identified in this letter have been 
corrected but is otherwise identical to the one dismissed, it need not pay an application fee. See 47 C.F.R. § 
1.1111(d). 
2 See 47 C.F.R. § 25.209(f)
3 See 47 C.F.R. § 25.115(h).
 Federal Communications Commission                  DA 16-320 
2
at increments of 5° for angles between 10° and 180° off-axis.  DataPath’s application did not 
include such a showing.4  
As DataPath seeks to resolve this issue, please consider that earth station applicants may  
reference a previously approved application that provided the required showing or cite to a 
particular non-routine earth station antenna listed on the FCC’s List of Approved Non-Routine 
Earth Station Antennas at http://transition.fcc.gov/ib/sd/nresa/ if DataPath seeks to offer the same 
kinds of services with the same or substantially similar operating conditions as another  
previously authorized antenna.
Accordingly, pursuant to Section 25.112(a)(1) of the Commission’s rules, 47 C.F.R. § 
25.112(a)(1), and Section 0.261of the Commission’s rules, 47 C.F.R. § 0.261, we dismiss this 
application without prejudice to re-filing.
Sincerely,
Paul E. Blais
Chief, Systems Analysis Branch
Satellite Division
International Bureau
  
4 DataPath must also meet the requirements of Section 218(b) to be eligible for routine processing for 
operation with the Permitted List satellites. See 47 C.F.R. § 25.115(k)(1) and 47 C.F.R. § 25.218(b).