DA 04-1719

June 16, 2004

Mr. Brian Park

AfriSpace, Inc.

2400 N St NW

Washington, DC 20037-1188

> Re: Application for Authority to Launch and Operate a Replacement
> Satellite, AfriStar-2, at 21º E.L. and to Co-locate it with
> AfriStar-1, File No. SAT-LOA-20040413-00082, Call Sign S2624.

Dear Mr. Park:

On April 13, 2004, AfriSpace, Inc. ("AfriSpace") filed the
above-captioned application for authority to launch and operate
AfriStar-2 at the at 21º E.L. orbital location. For the reasons
discussed below, we dismiss the application as defective, without
prejudice to refiling.

Section 25.114(c) of the Commission\'s rules[^1] requires all space
station applicants to submit all applicable items of information listed
in its subsections. In the *First Space Station Reform Order*,[^2] the
Commission affirmed the policies embodied in this rule by continuing to
require applications to be substantially complete when filed.[^3] As the
Commission noted, the procedures and rules it adopted will enable the
Commission to establish satellite licensees\' operating rights clearly
and quickly, and as a result, allow licensees to provide service to the
public much sooner than might be possible under our previous licensing
procedures.[^4] Finding defective applications acceptable for filing is
not consistent with the rules and policies adopted by the Commission in
the *First Space Station Reform Order* and only serves to create
uncertainty and inefficiencies in the licensing process.

AfriStar-2 will provide broadcasting-satellite service (sound) in the
1452-1492 MHz band.[^5] It will also operate feeder links in the
7025-7075 MHz band.[^6] The 7025-7075 MHz band is allocated on a primary
basis to the fixed-satellite service in ITU Regions 1, 2, and 3, and to
no other satellite service.[^7] The definition of "fixed-satellite
service" in Section 25.201 of the Commission's rules[^8] includes
"feeder links of other space radiocommunication services."

In Schedule S of its application, AfriSpace states that it plans to
launch and operate AfriStar-2 with 23 dB of cross-polarization isolation
on all of its antenna beams,[^9] including its feeder-link antenna beam,
which is listed in Schedule S of AfriSpace's application as Beam ID AU2.
Section 25.210(i) of the Commission's rules[^10] requires
fixed-satellite service space station antennas to be designed to provide
a cross-polarization isolation of 30 dB. Thus, AfriSpace's proposed
feeder links do not comply with the Commission\'s rules. Moreover,
AfriSpace has not requested a waiver of Section 25.210(i). Sections
25.112(a)(2) and (b)(1) of the Commission\'s rules[^11] state that an
application that does not substantially comply with the Commission\'s
rules will be returned to the applicant as unacceptable for filing
unless the

application is accompanied by a waiver request with reasons supporting
the waiver. Therefore, we find AfriSpace's application defective and
return it without prejudice to refiling pursuant to Sections
25.112(a)(2) and (b)(1) of the Commission\'s rules[^12]

Accordingly, pursuant to the Commission's rules on delegated authority,
47 C.F.R. § 0.261(a)(4), we find that this application, File No.
SAT-LOA-20040413-00082, is defective. We therefore dismiss the
application without prejudice to refiling.[^13]

Sincerely,

Thomas S. Tycz

Chief,

> Satellite Division

cc: Ms. Tara K. Giunta

Counsel to AfriSpace, Inc.

Coudert Brothers LLP

1627 I ST NW STE 1200

Washington, DC 20006-4093

[^1]: ^?^ 47 C.F.R. § 25.114(c).

[^2]: Amendment of the Commission\'s Space Station Licensing Rules and
    Policies, *First Report and Order and Further Notice of Proposed
    Rulemaking*, IB Docket No. 02-34, 18 FCC Rcd 10760, 10852 (para.
    244) (2003) (*First Space Station Reform Order*); International
    Bureau To Streamline Satellite And Earth Station Processing, *Public
    Notice*, Report No. SPB-140, October 28, 1998 (emphasizing the
    obligation to comply with 47 C.F.R. § 24.114(c) and stating that
    applications that did not comply would be dismissed).

[^3]: ^?^ *First Space Station Reform Order*, 18 FCC Rcd at 10852 (para.
    244), *citing* Amendment of the Commission\'s Space Station
    Licensing Rules and Policies, *Notice of Proposed Rulemaking,* 17
    FCC Rcd at 3875 (para. 84) (2002).

[^4]: *First Space Station Reform Order*, 18 FCC Rcd at 10765-66 (para.
    4).

[^5]: Application for Authority to Launch and Operate a Replacement
    Satellite, AfriStar-2, at 21º E.L. and to Co-locate it with
    AfriStar-1, Application File No. SAT-LOA-20040413-00082 ("AfriSpace
    Application") (Form 312 at Item 20).

[^6]: *Id.* (Exhibit C at para. 1 and Exhibit G).

[^7]: *See* 47 C.F.R. § 2.106 at p. 58.

[^8]: 47 C.F.R. § 25.201.

[^9]: ^?^ AfriSpace Application (Item S7.g of Schedule S).

[^10]:
    > 47 C.F.R. § 25.210 (i).

[^11]: 47 C.F.R. §§ 25.112(a)(2) and 25.112(b)(1)

[^12]: 47 C.F.R. §§ 25.112(a)(2) and 25.112(b)(1)

[^13]: If AfriSpace refiles an application identical to the one
    dismissed, with the exception of supplying the missing information,
    it need not pay a further application fee. *See* 47 C.F.R. §
    1.1109(d).