Attachment Dismissal ltr

Dismissal ltr

LETTER submitted by FCC

Dismissal ltr

2009-06-03

This document pretains to SES-MOD-20090429-00535 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2009042900535_731891

                                  Federal Communications Commussion
                                           Washington, D.C. 20554

                                                                                                     DA 09—1238

                                                      June 3, 2009

Mr. George F. Wazeter
Telesat Network Services
135 Routes 202/206
Bedminster, NJ 07921—7018

                                                       Re: Call Sign E980250
                                                       File No. SES—MOD—20090429—00535

Dear Mr. Wazeter:

        On April 29, 2009, Telesat Network Services, Inc. ("Telesat") filed the above—captioned
modification application to remove a condition on an earth station license held by Telesat. For reasons
discussed below, we dismiss this application as defective, without prejudice to refiling.‘

          Section 25.112 of the Commission‘s rules, 47 C.EF.R. § 25.112, requires the Commussion 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. In response to question 36 of
its modification application, Telesat answered "Yes" to the question: "Has the applicant or any party to this
application or amendment had any FCC station authorization or license revoked or had any application for an
initial modification or renewal of FCC station authorization, license or construction permit denied by the
Commission. If Yes, please attach as an exhibit an explanation of circumstances". Sections 1.10007 and
25.130 of the Commission‘s rules, 47 C.F.R. §§ 1.10007 and 25.130, directs earth station applicants to file
all required exhibits as an attachment to their electronic applications prior to filing. Telesat did not attach an
exhibit explaining the circumstances surrounding the unfavorable action by the Commission.

        Accordingly, pursuant to Section 25.112(a)(1) 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, as
incomplete, the modification application of Telesat without prejudice to refiling.


                                                                         Sincerely,



                                                                             Cbl. k.
                                                                         Kathyrn Medley
                                                                         Chief, Satellite Engineering Branch
                                                                         Satellite Division
                                                                         International Bureau



\_ If Telesat 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).



Document Created: 2019-04-21 01:54:32
Document Modified: 2019-04-21 01:54:32

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