Attachment hughes june 14 lette

hughes june 14 lette

AMENDMENT submitted by HCG

amendments

1996-06-14

This document pretains to SAT-AMD-19960614-00085 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1996061400085_1157987

0 RIGiNRL LATHAM & WATKINS ATTORNEYS AT LAW New Jersey orfice PAUL R. WATKINS (1899—1973) ONE NEWARK CENTER DANA LATHAM (1898—1974) 1001 PENNSYLVANIA AVE., N.W., SuITE 1300 NewaARk, New Jersey 07101—3174 wASHINGTON, D.C. 20004—2505 TeLerHone (201) ea9—1234 CHICAGO OFFICE TELEPHONE (202) 637—2200 taRid01 ecp.z298 NEW vORK OFFICE Sfi:.’lié‘éw.ffmscfl's'ifs?é’ FAX (2021 637—2201 s85 THiRD AVENUE, suiTE 1000 TeLepHone (312) 876—7700 o ind NEWT:L”:P‘:ONNEEWI:IOZR)KBG’I):: f FAX (312) 993—8767 ELN 62793269 * ‘?:O-;EGZ FAX (212) 751—4884 LONDON OFFICE onE AnGeL count Hormmmmmmmgnntiant} OraNGE COUNTY OFFICE LONDON EC2R 7HJ ENGLAND 650 TOWhN CENTER DRIVE, SUITE 2000 COSTA MESA, CALIFORNIA 92626—1925 TELEPHONE + 44—71—374 4444 FAX + 44—71—374 4480 TELEPHONE {714) §40—1238 FAX (714) 755—8290 LOS ANGELES OFFICE June 147 1996 SAN DIEGO OFFICE 633 WEST FIFTH STREET, SUITE 4000 701 "B" stREeT, suiTe 2100 LOS ANGELES, CALIFORNIA 0071—2007 SAN DIEGO, CALIFORNIA 92101—8197 TELEPHONE (213) 485—1234 TELEPHONE (619) 236—1234 FAX (213) 891—8763 FAX (619) 696—7419 MOSCOW OFFICE SAN FRaNCiSCO OFFiCE F{ecelvegfl s mon‘t comery stREET, , suite 1900 113/1 LENINSKY PROSPECT, SUITE €200 & moscow 117198 russiA N FRANCISCO, CALIFORNIA 94111—2562 TELEPHONE + 7—503 956—5555 TELEPHONE (418) 391—0600 FAX + 7—503 966—5556 FAX (415) 395—8095 JUN 1 9 1996 LHVERY £7 RHaNp Satelite Potioy Branch *=*¥ * international Bureau Federal Communications Commission *JUN 1 4 1996 1919 M Street, N.W., Room 222 Washington, D.C. 20554 FEDERAL COMMUNICATIONS COMMISSION OFFICE OF SECRETARY Attention: Fern J. Jarmulnek, Chief Satellite Policy Branch Satellite and Radiocommunication Division International Bureau \’55‘ SAT‘W EB Db _afi Re: Amendments to Request of Hughes Communications Galaxy, Inc. for Authority To Use Capacity on the Brasilsat A1 Satellite EXPEDITED ACTION REQUESTED Dear Ms. Jarmulnek: Enclosed on behalf of Hughes Communications Galaxy, Inc. ("HCG") are an original and four copies of (i) an amendment to HCG‘s pending April 16, 1996 request for further special temporary authority to use capacity on the C band Brasilsat A1 satellite for U.S. service, and (ii) an amendment to HCG‘s pending September 28, 1995 Application for Interim Authority with respect to Brasilsat, File No. 152—SAT—95. In light of the urgent need for C band capacity to serve the United States, and the additional circumstances set forth in the amendments, HCG requests grant of a further STA on an expedited basis, and in no event later than July 18, 1996. As set forth more fully in the enclosed documents, the purpose of these amendments is to request authority to utilize

LATHAM & WATKINS Federal Communications Commission June 14, 1996 Page 2 capacity on Brasilsat from 79° W.L., instead of the 63° W.L. location specified in the underlying requests. Because the Commission‘s rules do not specify a filing fee for the enclosed amendments, we are filing these amendments in Washington. For timing reasons, we are filing a facsimile copy of the signature pages. We will substitute the original signature pages promptly. Please contact me if you have any questions. Very truly yours, Jo . Janka ce: Kathleen Campbell FCC, Laurel, Maryland Henry Goldberg (counsel for Pa at)

RECEIVED 4 1996 Before the JBN 3 FEDERAL COMMUNICATIONS COMMISSION pepepy cOMMUNICATIONS COMMISSION Washington, D.C. 20554 OFFIGE OF SECRETARY In the Matter of the Application of Received nd 0 1996 HUGHES COMMUNICATIONS GALAXY, INC. File No.: For Interim Authority To Use Capacity on the \2z2 M —s&r O And0 T Brasilsat A1 Satellite Satellite Policy Branch Imternational Bureau AMENDMENT TO APPLICATION FOR INTERIM AUTHORITY Hughes Communications Galaxy, Inc. ("HCG") hereby amends its pending application in the above—captioned proceeding. On September 28, 1995, HCG filed an application for interim authority to use capacity on the C band Brasilsat A1 fixed—service communications satellite, at the 63° W.L. orbital location, for the temporary provision of service on a non—common carrier basis as part of HCG‘s U.S. satellite system.‘ HCG further requested that the Commission allow all U.S. earth station licensees to communicate with the Brasilsat A1 satellite during the period of HCG‘s interim authority pursuant to the ALSAT designation in their licenses. In its application, HCG demonstrated why grant of the requested authority for a two—year period would greatly serve the public interest by making immediately available much—needed C band capacity to serve the United States. HCG‘s application remains pending. In addition, in light of the urgent need for C band capacity, on September 28, 1995, HCG requested Special Temporary Authority to use capacity on Brasilsat A1 while ¥ See FCC File No. 152—SAT—AITC—95.

HCG‘s underlying application was being processed. The Commission orally granted an STA on October 17, 1995 and confirmed that grant in writing on February 13, 1996.4 On April 16, 1996, HCG filed for a six—month extension of its existing STA. By this amendment, HCG still proposes to utilize Brasilsat A1 to relieve the current shortage of C band capacity, but HCG now proposes to serve the U.S. from the 79° W.L. location, instead of the 63° W.L. location, as originally requested.* As the Commission is well aware, the U.S. satellite industry continues to experience a severe shortage of C band capacity. In1994 and 1995, the industry removed almost 200 C band transponders from service. Moreover, HCG‘s entire C band capacity———even the just— launched Galaxy IX———is fully committed, as is the C band capacity of the other domestic FSS operators. Until the launch of other new satellites just authorized in the C/Ku band FSS satellite processing round, this shortage of capacity will continue and could worsen, particularly since it is not clear when additional U.S. C band capacity will next be launched. Use of the Brazilian capacity for U.S. service provides a partial interim solution to this problem. HCG now proposes to use Brasilsat A1 at 79° W.L. instead of 63° W.L. Although HCG has diligently attempted to market capacity at 63° W.L., HCG‘s customers have been unable to successfully’utilize Brasilsat A1 at that location for two main reasons: 2¥ See letter dated February 13, 1996 from Chief, Satellite and Radiocommunication Division, International Bureau, to counsel to HCG. ¥ In light of the continuing urgent need for C band capacity to serve the United States, and the additional circumstances set forth below, HCG simultaneously is modifying its pending request for renewed special temporary authority to provide for the use of transponders on Brasilsat A1 satellite at 79° W.L., instead of 63° W.L. 2

(i) the 63° W.L. location does not provide good elevation angles for earth stations located on the west coast, and (ii) many existing U.S. earth stations are installed in a manner that does not allow them to be steered so they can "see" locations as far east as 63° W.L. The 79° W.L. location is the nearest available alternate orbital location that is suitable for many of HCG‘s customers. | HCG acknowledges that the Commission has authorized GE Americom to launch GE—5 into the 79° W.L. location,* and that Brasilsat A1 will need to cease operations at 79° W.L. when GE is ready to occupy that location. By the terms of its lease of capacity on Brasilsat A1 from EMBRATEL, HCG is able to ensure that if a U.S. satellite should be located at 79° W.L., EMBRATEL will move Brasilsat A1 to another orbital position or take other appropriate action to ensure that the U.S. satellite at 79° W.L. will not be subject to any unacceptable interference from Brasilsat A1. In addition, as the user of capacity on Brasilsat A1, HCG stands ready to coordinate in good faith the operations of Brasilsat A1 at 79° W.L. with adjacent satellites to avoid the occurrence of harmful interference. For the foregoing reasons, and the reasons stated in HCG‘s September 28, 1995 application, the Commission should grant HCG interim authority to use capacity on the C band Brasilsat A1 FSS satellite, at the 79° W.L. location, for a period of two years for the temporary provision of service on a non—common carrier basis as part of HCG‘s U.S. satellite system. The Commission further should allow all U.S. licensed earth stations 4/ See Assignment of Orbital Locations to Space Stations in the Domestic Fixed—Satellite Service, DA 96—713 (released May 7, 1996).

HCTI GALAKY SERVICES..., ,ID: L4 qhuign qnnaaddiry o hi nsl . .. JUN_1496 _ 10:09 No .027 P.03 to communicate with the Brasileat Al satellite during the perlod of HCG‘s interim authority pursuant to the ATNAT designation in their lHicenses. Respectfully submitted, HUGKHES ZOMMUNICATIONS GALAXY, INC. By: Q L.—-—& Carl A, Brown Senior Vice Presidept June 14, 1996

HCI GALAXY SERVICES ID : JUN 1496 10:09 No .027 n P .04 mc Whfi)n. UV. (S B p V Ved# WV d on Wz We e d h aned +t h SV w wovi ie + PKUM bfilfi.hM a KAlRLNMG CERTIFICATION HCG certifies that ucithc HCCG, nor its parent company, Hughes Communications, Inc. ("HCI"), gor any of the officers or directors of HCG or HCL, is subject to a denial of federal benefits that includes FCC benefits pursuant to Section §$301 of the Anti Drug Abuse Act of 1988, 21 U.S.C. § 862. HUGHES COMMLINICATIONS$ GALAXY, INC. By: Zd/(__ Carl A. Brown 0 Senjior Vice President June 14, 1996


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