Attachment DataPath Inc - DA 16

DataPath Inc - DA 16

DECISION submitted by IB,FCC

DA 16-320

2016-03-25

This document pretains to SES-MOD-20151103-00813 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2015110300813_1131554

Federal Communications Commission Washington, D.C. 20554 March 25, 2016 DA 16—320 Mr. Sydney White DLA Piper 500 8*" Street, NW. 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.‘ 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 QCT9O 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." 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." In each table, the EIRP level must be provided at increments of 0.1° for angles between 0° and 10° off—axis, and ‘ 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(b).

Federal Communications Commission DA 16—320 at increments of 5° for angles between 10° and 180° off—axis. DataPath‘s application did not include such a showing.* 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.fee.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 * 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).


Document Created: 2016-03-25 16:27:46
Document Modified: 2016-03-25 16:27:46
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