**DA 06-770**

March 31, 2006

Julian L. Shepard

Williams Mullen

1666 K Street, NW, Suite 1200

Washington, DC 20006

Re: File No.: SES-LIC-20060210-00434

Dear Mr. Shepard:

On February 10, 2006, MMT License LLC (MMT) filed by paper a Ku-Band
transmit/receive earth station application. For reasons discussed below,
we dismiss the application as defective, without prejudice to
refiling.[^1]

As of November 5, 2004, all filings on Form 312 must be submitted
electronically through IBFS. Please see *Amendment of the Commission's
Space Station Licensing Rules and Policies, 2000 Biennial Regulatory
Review\-\-\--Streamlining and the Revisions of Part 25 of the
Commission's Rules Governing the Licensing of, and Spectrum Usage of
Satellite Network Earth Stations and Space Stations*, IB Docket Nos.
02-34 and 00-248. 19 FCC Rcd 19564 (Int'l. Bur., 2004). The February 10
application was filed by paper rather than electronically.

Also, a review of your application reveals that MMT did not submit all
required information on FCC Form 312 -- Schedule B. Specifically, MMT
did not supply information with respect to Antenna Heights and Maximum
Power limits (Table B5), Particulars of Operation (Table B7), Remote
Control Point Location (Table B10), and FAA Notification (Question B13).

Further, while not a basis for dismissal, we note in response to
Question 20 (Nature of Service) on the FCC 312 Main Form, MMT indicates
that the proposed earth station is to operate in the secondary-allocated
Mobile Satellite Service rather than the primary-allocated Fixed
Satellite Service. The use of the secondary allocation is inconsistent
with Section IV of your application which proposes ALSAT-designated
satellites as a point of communication. The ALSAT designation may be
used only for earth stations operating pursuant to the primary FSS
allocation. In addition in response to Question 25 (Class of Station),
MMT indicated that the proposed earth station is a Mobile Earth
Terminal. This station class designation is only appropriate for
terminals that transmit while in motion. If your terminal does not
transmit while in motion, but is portable and transmits at various fixed
locations for a period less than 6 months, its station class designation
is a Temporary-Fixed Earth Station.

If you choose to refile the application, please file it electronically
via our International Bureau Filing System (IBFS). The website is
[www.fcc.gov/ibfs](http://www.fcc.gov/ibfs). If you need any technical
assistance with IBFS, please contact the IBFS help desk at 202-418-2222.

Accordingly, 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 your
application as defective without prejudice to refiling.

Sincerely,

Scott A. Kotler

Chief, Systems Analysis Branch

Satellite Division

International Bureau

[^1]: If MMT License LLC refiles an application identical to the one
    dismissed, with the exception of supplying the missing information,
    it need not pay an application fee. *See* 47 C.F.R.§ 1.1109(d).

[^2]: 47 C.F.R. § 25.112(a)(1). See *also* Echostar Satellite LLC,
    *Order on Reconsideration,* DA 04-4056 (released December 27, 2004).