Attachment request

request

REQUEST submitted by Columbia

request

2004-11-29

This document pretains to SAT-AMD-20040429-00087 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2004042900087_408389

HOGAN & HARTSON LLP DEC 0 2 2004 g comn somee | Po h se rmemmmeeremiane rerer a Rornmicn Intomat Cureau nemin wisimoron,nesomerie m onesw on dor—se mommscnentiae. cou nx om enane wnneami.arcom November 29, 2004 RECEIVED BY HAND DELIVERY NOV 2 9 2004 Feden Commurcaton Comniason Offerot Secmtay Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 Twelfth Street,SW. Washington, D.C. 20554 Re:— Columbia Communications Corp. Pending Matters Relating to AMC—12 File Nos, SAT—MOD—20020517—00078; SAT—AMID—20030801—00140 & SAT—AMD—20040429—00087 Dear Ms. Dortch: Columbia Communications Corp. ("Columbia®) is preparing to launch the AMC— 12 C—band replacement satelite in early February 2005 to provide service at the 37.5° W.L. orbital location." By this etter Columbia requests that the Commission defer action on milestone—related applications pending with respect to AMC—12. Columbia takes this step to simplify the Commission action needed to permit launch of the spacecraft in February, and requests that the Commission complete review of the limited remaining matters on an expedited basis. AMC—12 is now schedaled for launch on February2,200(U.S. time). This date reflects frthr delay arising from the manufictirer‘s need to replac the batteris used n the pacecraft dueto falire othe origial batery model on other sateltes. Colurmbia recently leamed hat he latreplacement battry would not b delivered untl mid.December, forcing postponement of thlnch untl Febrory. mss i000n ram mnuem micus waser moscor tomo wvous. mumore manx woue new somnim: coonnosnmnes tovincus rupmmeose

HOGAN&HARISON tie Ms. Marlene H. Dortch November 29, 2004 Page2 Action To Be Deferred Under the Replacement Order applicable to the 37.5° W.. orbital position, Columbia currently is required to complete construction of the replacement spacecraft by November 2005, and launch it by February 206. AMC—12 will be launched well within these deadlines, notwithstanding significant delays in the construction program beyond Columbia‘s control. Columbiholds a second authorization for an AOR satellteat 47° WL. with carlier milestones than those in the Replacement Order." In May 2002 Columbia filed a Modification Application that proposed to siwap the milestone schedules for its two AOR authorizations." This request reflected Columbia‘s business plan to replace its operations at 37.5° W.L. at an carlier date with AMC—12, prior to commencing new service at 47° W.L., rather than the other way around as reflected in the assigned milestones. No party opposed this request. Unifortunately, however, since 2002 the AMC—12 program has suffered significant construction delays due to manufacturing issues. In August 2003 and April 2004 Columbia filed amendments to the Modification Application that documented the construction delays and sought extension of the construction completion and launch milestones associated with the 47° WJ.. authorization (as proposed to apply to AMC—12 at 37.5° W.L. under the milestone "swap"")" As discussed sbove, AMC—12 will be launched to 37.5° W.L. within the milestones stll currently applicable under the original Replacement Order. For present purposes we therefore request that the Commission hold in abeyance the pending milestone matters. Specifically, we ask that the Commission defer action on that portion of the Modification Application proposing the milestone "swap," as well as on the two associated extension requests in the Milestone Amendments. Columbia will make a further filing with respect to these matters, and their implications for Columbia‘s authority at 47° W.L., following the successful launch of AMC—12. 5 See Colurmbia Communications Corn, Memorandian Opinin and Order,16 ECC Red 20176 (2001) (the *Replacement Order®) at% 18. These milestones are subjectto the seprate condition in the Replacement Order 1egarding th end—ofif of Colimbia 515. This mater is discused below y See Columbia Communications Corp, Memorandiim Opinin and Order,14 PCC Red 3318 (1999). f See File No. SAT—MOD—20020817—0007% (th "Modlficaion Applicaion). Undethis milestone "swap," the constmction completion and Inch deadlinesat37.5° WL. would ave been April 5, 2003, and August5, 200%, respectivly (the milestones curenty assigned to the 47° W.L. authoriation} $ See File Nos. SAT—AMD—20030801—00140 & AT—AMD—20040429—00087 (olectvely, th"Milestone Amentments?)

HOGAN&HARISON tir Ms. Marlene H. Dortch November 29, 2004 Page3 Actions Requested Now 1. Spacecraft Technical Matters. Columbia‘s pending Modification Application proposes certain technical changes from the original 37.5° W.L. spacecraft design approved in the Replacement Order.® The Modification Application was amended this past August to reflectthe spacecraft‘s operating parameters." These technical matters are ripe for Commission review, and we ask that they be approved on an expedited basis to permit launch of the AMC—12 spacecraft as constructed. 2. Columbia 515 Condition. Paragraphs 14 and 19 ofthe Replacement Order require Columbia to bring ts replacement satelite into service prior to the end of life of Columbia 515, notwithstanding the later milestones. Columbia sought reconsideration ofthat "$15 Condition:"" In the meantime Columbia‘s parent company, SES Americom, received Commission authority to operate its Satcom C—1 spacecraft at 37.5° W.L. following the retirement of Columbia 515." Pursuant to that authority SES Americom has offered continuous service at 37.5° W.L. Prioto launch of AMC—12, Columbia requires confirmation that the 515 Condition is not a barrier to launch and operation of the new replacement satellite. The Commission could achieve this result by granting the Reconsideration Petition and removing the condition. Alternatively, the Commission could determine that because continuous service has been offered at 37.5° W.L. using Satcom C—1, the Reconsideration Petition is moot." % See Modifiation Application, Namative at 4—6 & Artachment2 (Technical Appentix). * File No. SAT—AMD:20010826—00161 (he "Technical Amendment®) * See Pettionfor Reconsideation ofColumbia Communications Corporation, File No. SAT—LOA— 20000407—00080 (Rled Dec. 14, 2001)("Reconsidenation Peridon"). * See File No. SAT—STA—20020517—00076, ganted Jly 17, 2002. SES Americom requested extensions of this authority in November 2002, ile No. SAT—STA—20021121—00223, June 2003, ie No. SAT—STA—20030613— 00106, December 2003, File No. SAT—STA—20031215—00356 and June 2004 * "Thi approach would be consitent with ecent Commission actionin a similarsitation. In August 2004 the Commission autharzed SES Americomn‘s Ku—band payload on AMC—15 asa replacement for GSTAR 4 at 108° W.L. GSTAR 4, however, had been moved outofthatloction afer SES Americom placed AMC:2 at 108 W.L GSTAR 4 was iterde—orbited. The conditinsto the granestamped AMC—15 applicationrequired cotinity ofKu—hand service. The authoriition acknowledged in a footote that GSTAR 4 had already been retred but observed that Kucband servicewas being provided by AMC2. See File No. SAT—LOA—20030219—00013, Tems and Condiions of Authorization at 19 & n(granted Aug,18, 2004

HOGAN&HaRIsoN 11r Ms. Marlene H. Dortch November 29, 2004 Page4 ——000— Columbia is looking forvard to launch ofAMC—12 in early February, and hopes that by simplifying the matters now at issue,it will permit the Commission to expedite the remaining action required prior to that launch. TF any questions arise in connection with this matter, please contact the undersigned Respectfully submitted, %&KL&_ Peter A. Robrbach Karis A. Hastings Counsel for Columbia Communications Corp. ces William M. Wiltshire, Es Counsel to New Skies Satellites N.V.


Document Created: 2004-12-02 15:27:59
Document Modified: 2004-12-02 15:27:59
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