Attachment 1990FCC ltr feb 9.pd

1990FCC ltr feb 9.pd

LETTER submitted by CCB; FCC

February 9 1990 letter

1990-02-09

This document pretains to SAT-A/O-19900110-00002 for Authority to Operate on a Satellite Space Stations filing.

IBFS_SATAO1990011000002_1058572

                                       rEB 0 9 1990




                                                                                     61330


Lathan & Watkins
1001 Pennsylvania Avenue, N.W.
Suite 1300
Washington, DB.C. 20004~—2505

Attention:     James F. Rogers

Reference:     Request for Section 319(d4) Waiver to Construct a Sround Spare for
               the Galaxy Satellite System (File No. 16—DSS»~M18C~—90)
Dear Mr. Rogers:

This is in response to your January 10, 1990 letter, filed on behalf of Hughes
Communications Galaxy, Inc. (HCCG), requesting a waiver pursuant to     Section
319(4) of the Commnications Act, 47 U.83.C. § 319(d), to begin construction of
a   hybrid 4/6 CGHz and 12 14 CGHz domestiq fixed—satellite to serve as a ground
spare for the Galaxy satellite system.       In an secompanying       application,        HCG
requests authority to construct a hybrid ground spare to provide it with the
ability to replace promptly any of its satellites that experiences a launch or
an in—orbit failure.    HCG requests a Section 319(4) waiver to allow it to
make   expenditures of up to $30 million to begin to construct this hybrid
pending Commission action on the underlying application.

In support of the waiver request, you assert that given the number of
HCG satellites scheduled for launch in the nuest few years, ground spare
construction must begin immediately if the spare is to provide launch
protection.   You state that any delay would hinder HCG‘s business plans and
would restrict HCG‘s ability to provide services to the public promptly in
the event of & launch failure.

We grant your request in view of the time frame involved and the fact that no
additional orbital locations are involved, We expect, as you stated in your
waiver request, that any expenditures made before the ground spare application
is acted upon will be at HCG‘s own risk.

Accordingly,     pursuant    to   Section   Q.291    of   the   Commission‘s      rules    on
delegations of suthority, 47 C.F.R. %       0.291,    Hughes    Communic¢ations     GCalazy,
Inc. is granted a waiver pursuant to Section 319(4) of the Communications Act,


 * 47 t}.sE. § 319(&), to expend,\as ics own risk, up to $30 million to beginto
    Ggonstruct.thehybrid ground spare described in its pending application.           (File
     No. 14—D88—P~90). This action   is   without prajudma to         future   Commission
     acr.ion on that application.

                                                 6 incerely,



                                          :      James R.Keegan                     (wsl       s
                                              F k
                                                Gftief, Domest ic Facilz.tiea Divisian
                                                comnfiar:iar Bureau                         :




 FJ/tlb:afa/cCB
—2/09/90



Document Created: 2014-08-19 14:51:10
Document Modified: 2014-08-19 14:51:10

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