Attachment 1990 Request for Mod

1990 Request for Mod

REQUEST submitted by d/b/a Contel ASC

Request for Modification of Authorization

1990-05-10

This document pretains to SAT-MOD-19900510-00022 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1990051000022_1058736

 Contei Corporation                                                               MAY     1   0 1990
 Columbia Square
 §55 Thirteenth Street, NWISuite 480 West                                                   hk          lec
 Washington, DC 20004—1109                                                  Federal Communications Commission
                                                                                  Office of the Secretary
 202 383 8700 Office, 202 383 8710 FAX




                                                 May 10, 1990


Ms. Donna Searcy
Secretary
Federal Communications Commission
1919 M Street,                  N.W.
Room 222
Washington,               D.C.           20554

         Re:             American Satellite Company                     )@/30/5//32 >
                         d/b/a Contel ASC                                    ,DSS ML”QO
                         Request for Authority to
                         Sell or Lease Transponders
                         on a Non—Common Carrier
                         Basis

         Attn:           Cecily Holiday
                         2025 M Street, N.W.
                        ~Suite 6324

Dear Ms.              Searcy:

     Enclosed for filing on behalf of American Satellite
Company, d/b/a Contel ASC, are the original and five (5)
copies of an application for authority to sell or lease
transponders on a non—common carrier basis.

         Please direct all questions and correspondence
regarding this application to the undersigned (direct dial:
383—8704) .
                                                 Yours
                                                     truly,



                                                 fi% n   M.
                                                 Its Attorney
                                                             CGriffin


Enclosure

JMG/smd


                                                                                                   RECEIVED
                                                                                                    MAY 1 0 1990
                                 Before the                                                                hk        faas
                  FEDERAL COMMUNICATIONS COMMISSION                                                °* GMceoftheSecretary.
                                                                                              Federal C            C

                         Washington,                              D.C.     20554


In the Matter of




                                         w N h h ht Ne Nt Nt Nt
AMERICAN SATELLITE COMPANY                                             File No.

For Modification of Authority
to Construct, Launch and
Operate Space Stations in
the Domestic Fixed—Satellite
Service


                      REQUEST FOR MODIFICATION OF                                             =*
                             AUTHORIZATION                                                To TT


       American Satellite Company d/b/a Contel ASC                                         ("Contel

ASC") hereby applies for modification of its authority for

ASC—1, ASC—2,     Contelsat—1 and Contelsat—2 1 to permit the

sale or long—term lease of transponders on a noncommon

carrier basis.        In support of this application, Contel ASC

provides the following information in accordance with the

criteria established by the Commission in Martin Marietta

Communications Systems, Inc.*

       Contel ASC requests authority to market,                                         on a noncommon

carrier basis, eight (8) additional transponders on each of




       1   Contel ASC,    3 F.C.C.   Rced.                              6982   (1988)   (Contelsat
satellites); American Satellite Company, 94 F.C.C. 24 39
(1983) (ASC—1 and ASC—2).                                          .
       *   Martin Marietta Communications Systems, Inc., 51
Fed.   Reg.   24223   (July 2,   1986)                            [hereinafter "Martin
Marietta"].


the ASC—1 and ASC—2 satellites 3.           In addition,   Contel ASC

seeks authority to sell or lease, on an individualized

basis,    up to 30 of the 40 transponders on each of the

Contelsat—1 and Contelsat—2 satellites.           The remaining

transponders on these four spacecraft will be’offered             (if

not retained for Contel ASC‘s internal purposes)            on a common

carrier basis.

     Contel ASC will enter into arrangements for the sale or

long—term lease of transponders at negotiated prices and

under terms and conditions individually tailored to—the

needs of specific customers.          In marketing its transponders,

Contel ASC will "make individualized decisions,            in

particular cases, whether and on what terms to deal."4 The

purchaser of each transponder will acquire ownership

attributes for the life of the transponder.           However, Contel

ASC will retain responsibility for the operation of the

satellite as appropriate to its status as the satellite

licensee.     According, Contel ASC‘s proposal is consistent

with the NARUC I decision and the Transponder Sales Order.              5




     3  Contel ASC has already been authorized to sell or
long—term lease on a noncommon carrier basis up to 12
transponders on each of the ASC—1 and ASC—2          satellites.    See
File No. 310—DSS—MP/ML—87, granted March 11,          1987.

     4 National Association of Reqgulatory Utility
Commissions v. FCC, 626 F.2d 630, 641—642 (D.C. Cir.),—cert.
denied,    425 U.S.   999   (1976)   [hereinafter "NARUC I"j.

     5  Domestic Fixed Satellite Service:  Transponder
Sales, 90 FCC 2d 1238 (1982) (Transponder Sales Order),
aff‘a sub nom. World Communication, Inc. v. FCC, 735 F.2d
1465 (D.C. Cir. 1984).


     Contel is requesting this authority to provide it with

additional flexibility in marketing its services.          Contel

ASC will be better able to address the needs of its—~

customers if it is allowed to sell or lease its transponder

capacity on a noncommon carrier basis.       As such, grant of

this request will service the public interest.

     Since Contel ASC‘s showing in support of the requested

modification is in conformity with the Commission‘s

standards announced in Martin Marietta, the author}ty;

requested should be "routinely" granted,      absent ; ;ersuasive

showing to the contrary.   6   Thus,   Contel ASC respectfully

requests that its modification of authority to permit the

sale or long—term lease of transponders as proposed herein

be granted.



                                 Respectfully submitted,

                                 AMERICAN SATELLITE COMPANY,
                                 a/    Contel ASC



                                 Assistant SecreCary

                                 Contel Corporation
                                 555   13th Street,   NW
                                 Suite 480 West
                                 Washington, D.C.      20004
                                 (202) 383—8704


May 9, 1990




        Martin Marietta,   supra note 2.



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Document Modified: 2014-08-20 11:28:15

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