Attachment SESLIC2012071000641D

SESLIC2012071000641D

DECISION submitted by POST NEWSWEEK STATIONS, MICHIGAN, INC.

DISMISSAL LETTER TO THE APPLICANT

0000-00-00

This document pretains to SES-LIC-20120710-00641 for License on a Satellite Earth Station filing.

IBFS_SESLIC2012071000641_970399

                           Federal Communications Commission
                                     Washington, D.C. 20554




                                                                                              DA 12—1543

                                           September 27, 2012

Mr. Marcus Williams
Post Newsweek Stations
550 W. Lafayette Blvd
Detroit, MI 48226

                                                      Call Sign: E120122
                                                      File No.: SES—LIC—20120710—00641

Dear Mr. Williams:

On July 10, 2012, Post Newsweek Stations, Michigan, Inc. (Post Newsweek) filed the above—
captioned application to modify its current license for a transmit/receive earth station that
operates in the Ku—band frequencies.‘ Pursuant to Section 25.112(a) of the Commission‘s rules,"
we dismiss the application as defective without prejudice to refiling.*

Section 25.112(a) of the Commission‘s rules 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.* Post
Newsweek‘s application, which does not comply with the Commission‘s rules, is therefore
subject to dismissal. The deficiencies in Post Newsweek‘s application are as follows:

Section 25.130 (a)(1) of the Commission‘s rules requires an earth station applicant to provide a
detailed description of the service to be provided; and either identify the specific satellites(s) with
which it plans to operate, or the eastern and western (E/W) boundaries of the arce it plans to
coordinate." Because Post Newsweek‘s application requested an ALSAT designation rather than
identifying specific satellite(s), it must provide information about its E/W are boundaries, as
required by 23.130(a)(1), in item E54/55 of FCC Form 312 Schedule B (Schedule B).° Post
Newsweek‘s application did not provide this information.



‘   The conventional Ku—band frequencies are 11.7—12.2 GHz and 14.0—14.5 GHz.

*   47 C.FR. § 25.112(a)(1—2).

3
    If Post Newsweek 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. § 1.1111(d).

* 47 CFR. § 25.112(a)(1—2).

j 47 CFR. 25.130(a)(1).
6   1d.


                                  Federal Communications Commission                     DA 12—1543



Finally, we take this opportunity to inform Post Newsweek that, given its stated intent to operate
only within a 100 mile radius of Detroit, Michigan, it may conduct its operations in a S5SW/136W
satellite are — which is roughly the extent of the Geostationary Satellite (GSO) that it can see from
Detroit, Michigan. If Post Newsweek chooses to refile, it should specify these boundaries in its
application.

Accordingly, pursuant to Section 25.112 of the Commission‘s rules, 47 C.F.R. § 25.112 and
Section 0.261 of the Commission‘s rules on delegations of authority, we dismiss the application
of Post Newsweek, Inc. as defective.


                                                  Sincerely,

                                                  /M Lbuw.
                                            %\/\/ Paul E. Blais
                                                  Chief, Systems Analysis Branch
                                                  Satellite Division
                                                  International Bureau



Document Created: 2012-10-04 16:15:54
Document Modified: 2012-10-04 16:15:54

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