Attachment DA 92-1481.pdf

DA 92-1481.pdf

ORDER & AUTHORIZATION submitted by CCB, FCC

DA 92-1481

1992-11-02

This document pretains to SAT-MOD-19911231-00036 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1991123100036_1161381

Federal Communications Commission DA 92—1481 I. INTRODUCTION Before the 1. Hughes Communications Galaxy, Inc. (HCG) and its Federal Communications Commission wholly—owned subsidiary, Satellite Transponder Leasing Washington, D.C. 20554 Corporation (STLC), have filed several applications relating to their domestic fixed—satellite systems. HCG/STLC request authority to consolidate two single—band satellites into one In the Matter of hybrid satellite and request authority for various interim and regular orbital assignments. Petitions to deny and com— ments were filed on the various applications. For the rea— HUGHES File Nos. 5/6—DSS—MP/ML—92 sons discussed below, we grant HCG authority to operate a COMMUNICATIONS hybrid satellite at 95° W.L., grant HCG authority to replace GALAXY, INC. Galaxy 2 with Galaxy 6 at 74° W.L., dismiss HCG‘s request to locate Galaxy 6 at 103° W.L. on an interim basis, grant Application to combine two single STLC authority to locate SBS—4 at 77° W.L. on an interim satellites into one hybrid satellite basis subject to certain conditions, and deny STLC author— ity to locate SBS—6 at 95° W.L. on an interim basis. HUGHES File No. 16—DSS—ML—92 COMMUNICATIONS II. BACKGROUND GALAXY, INC. 2. HCG is authorized to operate a 12/14 GHz (Ku—band) satellite at 131° W.L. (Galaxy B—R) and a 4/6 GHz (C—band) Application for interim orbital satellite at 95° W.L. (Galaxy 3—R). HCG wants to combine assignments of Galaxy 6 these two single—band satellites into a single hybrid satellite at 95° W.L. (Galaxy 3H) to be launched January 1994. HUGHES File No. 17—DSS—ML—92 Communications Satellite Corporation (Comsat) filed a pe— tition to deny‘ the HCG request because Comsat‘s subsid— COMMUNICATIONS iary, Comsat General Corporation (Comsat General), is GALAXY, INC. operating the Ku—band SBS—3 satellite at 95° W.L. Comsat General is authorized to operate SBS—3 at that location Application to use Galaxy 6 as until November 1992. Using the Comsat maneuver‘ to replacement satellite for Galaxy 2 extend SBS—3‘s useful life, Comsat General has requested extended authority to operate SBS—3 at 95° W.L. beyond SATELLITE TRANSPONDER File No. 18—DSS—ML—92 the date on which HCG seeks to launch Galaxy 3R LEASING CORPORATION 3. HCG‘s C—band Galaxy 6 satellite is operating at 99° W.L. on an interim basis until Galaxy 4H is launched into 99° W.L. in early 1993. Galaxy 6 does not have a regularly Application for interim orbital assigned orbital location. Galaxy 2 is operating at 74° W.L. assignment of SBS—4 to 77° W.L. until its end—of—life in December 1993. HCG wants to use Galaxy 6 as the replacement satellite for Galaxy 2 at 74° SATELLITE TRANSPONDER File No. 19—DSS—ML—92 W.L. instead of launching a new satellite as Galaxy 2‘s LEASING CORPORATION replacement. No party objects to this request. HCG also wants to operate Galaxy 6 at 103° W.L. for an interim Application for interim orbital period between the time Galaxy 4H replaces it at 99° W.L. in early 1993 and the end—of—life of Galaxy 2 in December assignment of SBS—6 to 95° W.L. 1993. GTE Spacenet Corporation (GTE Spacenet) and GE American Communications, Inc. (GE Americom) filed comments on both applications. GTE Sgacenet has no ORDER AND AUTHORIZATION objection to Galaxy 6 being located at 103° W.L. provided that such authority be conditioned on Galaxy 6 not causing Adopted: October 2, 1992; Released: November 2, 1992 any adverse interference into its Spacenet 4 hybrid satellite at 101° W.L. GE Americom argues that Hughes has not By the Chief, Common Carrier Bureau: justified an interim assignment at 103° W.L. and that any authorization should be conditioned to prevent Hughes from obtaining regular authority at 103° W.L. 4. STLC is operating its Ku—band SBS—4 satellite at its assigned 91° W.L. location. STLC seeks to relocate SBS—4 temporarily at 77° W.L. when the Galaxy 7H satellite (as— 2 \ The petition was received after the established comment in an inclined orbit mode using the Comsat maneuver. Comsat eriod. General Corporation, 6 FCC Red 3345 (Dom. Fac. Div. 1991). E The Comsat maneuver is a satellite control technique in Comsat General has filed a request to extend the operating which a satellite operator ceases north—south stationkeeping of authority of $SBS—3 until December 31, 1995. Application File its satellite to conserve fuel and thereby extend the spacecraft‘s No. 29—DSS—ML—92. We will dispose of that application in a operational life—time. separate action. 3 The SBS—3 satellite is assigned to, and operating at, 95° W.L.

DA 92—1481 Federal Communications Commission signed to operate at 91° W.L.) is launched in October 1992. authorization subject to cancellation without a hearing STLC seeks to operate SBS—4 at 77° W.L. through the end should the Commission find it necessary to accommodate of SBS—4‘s useful life in August 1994." No party objects to more efficient satellites or if, in the opinion of the Com— this proposal. mission, circumstances should so require." 5. STLC seeks an interim orbital assignment for its Ku— 8. HCG proposes to consolidate two single—band satellites band SBS—6 satellite. SBS—6 is operating at 99° W.L. on a into a state—of—the—art hybrid satellite that would operate at temporary basis, although it is assigned to 72° W.L.‘ STLC 95° W.L. Operating a state—of—the—art hybrid satellite rather wants to relocate SBS—6 to 95° W.L. in February 1993 than two single—band satellites may have certain efficien— when Galaxy 4H becomes operational at 99° W.L. STLC cies. Construction, launch and insurance costs for one wants to operate SBS—6 at 95° W.L. until Galaxy 3H is hybrid will be lower than the costs for two single—band launched into 95° W.L. in January 1994. Comsat filed a satellites."" Moreover, hybrid satellites can be designed with petition to deny the STLC request arguing that it intends to technical capabilities equivalent to single—band satellites. operate SBS—3 at 95° W.L. until 1995.° GE Americom filed Thus, hybrid satellites can provide cost savings to operators comments suggesting that if an interim orbital assignment and customers with no decrease in technical performance. is granted, the older SBS—4 should be used at 95° W.L. Consequently, the Commission has attempted, when possi— instead of the newer SBS—6 so that HCG may not "lever— ble, to assign operators to corresponding C—band and Ku— age" regular authority from this grant. band orbital locations."" We have also reassigned C—band and Ku—band satellites assigned to different locations to facilitate implementation of hybrid satellites." III. DISCUSSION 9. Comsat opposes HCG‘s proposal because Comsat Gen— eral wants to continue to operate its SBS—3 satellite at 95° Galaxy 3H W.L. beyond its November 1992 license expiration and past 6. HCG progoses to implement a new Galaxy 3H hybrid the launch of Galaxy 3H in January 1994." We find, satellite at 95° W.L. instead of implementing a Ku—band however, it is not in the public interest to allow an ob— satellite at 131° W.L. and a C—band satellite at 95° W.L. The solete satellite to continue to operate past its license term proposed technical specifications of Galaxy 3—H are virtu— and effectively block the entry of a new, more efficient ally identical to those authorized for the single—band sat— hybrid satellite that may be regularly assigned to that loca— ellites. Grant of this request would essentially entail tion. New state—of—the—art satellites employ technological ad— reassigning HCG‘s Ku—band space segment from 131° W.L. vancements that use the spectrum more efficiently and that to 959 W.L. HCG would receive no additional orbital loca— allow more customers to be served with maximum quality tions. Comsat General is operating SBS—3 at 95° W.L. using service. SBS—3, for example, does not employ full frequency the Comsat maneuver. It has applied for authority to con— re—use nor are its transmission powers comparable to the tinue to use this maneuver to extend SBS—3‘s useful life latest generation of satellites being built. Accordingly, we beyond its November 1992 license expiration and the pro— find it is in the public interest to permit HCG to combine posed launch date of Galaxy 3H. Comsat General asserts its single—band licenses at 95° W.L. and 131° W.L. into one that if it is required to cease operations from 95‘1 W.L. license for a state—of—the—art hybrid satellite at 95° W.L. before 1995 ,it will suffer irreparable economic harm.‘ 10. Further, we do not find that Comsat‘s desire to 7. The Bureau has authorized the use of the Comsat operate SBS—3 beyond its license term gives rise to hearing maneuver to extend the operational life of older satellites rights or alters the availability of the 95° W.L. orbital until state—of—the—art satellites authorized to operate from location for reassignment. Comsat has not applied for a the same locations are ready to be launched." However, replacement satellite for SBS—3."" Consequently, Comsat has those authorizations were not intended to be used to delay no renewal expectancy‘‘ at 95° W.L. and the location is the availability of new satellite technology. Thus, authoriza— available for reassignment at the expiration of SBS—3‘s li— tions to use the Comsat maneuver to operate a satellite cense term.‘" Any grant of extended operational authority beyond its license term include a condition rendering the for SBS—3 would be granted subject to cancellation in its * Originally, STLC proposed to relocate SBS—4 to 83° W.L. September 1, 1987) (Comsat maneuver for SBS—2, Comsat D— Petitions to deny this proposal were filed by GE Americom, 2/D—4 and SBS—1, respectively). See also GTE Spacenet Corpora— American Telegraph & Telephone (AT&T) and Primestar Part— tion, 5 FCC Red 1182 (Com. Car. Bur. 1990) (Comsat maneuver ners, L.P. Consequently, STLC decided to propose an alternative for GSTAR IID. interim location for SBS—4 at 77° W.L. 10 See Hughes Communications Galaxy, Inc., 5 FCC Red 3423 3 See Satellite Transponder Leasing Corporation, 5 FCC Red gCom. Car. Bur. 1990). 1651 (Com. Car. Bur. 1990). _ See Assignment of Orbital Locations to Space Stations in the See para. 2, supra. Domestic Fixed—Satellite Service, 3 FCC Red 6972 (1988). 7 Comsat also argues that the Commission is obligated to hold 2 See GE American Communications, Inc., 7 FCC Red 5169 a hearing before it can grant HCG‘s applications pursuant to gCom. Car. Bur. 1992). Section 309 of the Communications Act, 47 U.S.C. $ 309 (1991), 3 Comsat General has stated that the Comsat maneuver can and Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945), be— extend a satellite lifetime by five to seven years beyond the cause Comsat argues the competing claims to 95° W.L. are normal design life. mutually exclusive. Comsat seeks to operate SBS—3 for an additional three years. See Comsat General Corporation, 4 FCC Red 3820 (Com. Satellite operators may file applications for authority to con— Car. Bur. 1989), at para. 8. struct and launch satellites up to five years in advance of the See, e.g., letters from Chief, Domestic Facilities Division, to planned launch date. Licensing Space Stations in the Domestic H. Richard Juhnke (February 26, 1988) (Extension of operating Fixed—Satellite Service, 50 Fed. Reg. 36071 (1985), at para. 28. authority and authority to use the Comsat maneuver for Westar 15 1988 Assignment Order, 3 FCC Red 6972, at note 31. 3) and Robert Mansbach (July 26, 1988, February 29, 1988 and 16 See, e.g., 1988 Assignment Order, 3 FCC Red 6972, at para. 11

anmmsnaca emnrewlle Federal Communications Commission DA 92—1481 entirety without a hearing, consistent with prior Division Rather, it is assigned to 72° W.L., where it may begin action."‘" Thus,. contrary to Comsat‘s claim otherwise, the providing service immediately. We do not believe that any Commission is not required to conduct a hearing pursuant public interest benefits to be gained from permitting HCG to Ashbacker Radio Corp. v. FCC. In addition, Comsat, in to occupy 95° W.L. for eleven months would outweigh the its petition to deny, has failed to make specific allegations costs to Comsat and its customers in requiring SBS—3 to of fact sufficient to show that grant of HCG‘s application vacate 95° W.L. eleven months before it would otherwise would be prima facie inconsistent with the: public be necessary. Therefore, until Galaxy 3H is launched in interest.‘" Even assuming that all of Comsat‘s allegations January 1994, we see no reason for SBS—3 to be decommis— are true, grant of HCG‘s request would not be contrary to sioned or moved."" the Commission‘s domestic satellite policies. As stated above, the Commission has recognized the public interest Galaxy 6 benefits inherent in state—of—the—art hybrid satellites."" More— 13. HCG proposes to operate Galaxy 6 at 103° W.L. for over, the Commission has recognized the importance of an interim period between the time Galaxy 4H replaces it implementing newer generation satellites by including a at 99° W.L. in early 1993 and the end—of—life of Galaxy 2 in condition in all license terms extensions that allows the December 1993. HCG then requests authority to move additional operating authority to be cancelled without Galaxy 6 into Galaxy 2‘s 74° W.L. location, where it will hearing. Thus, we found above that grant of the Galaxy 3H serve as Galaxy 2‘s replacement. proposal is consistent with the public interest because it allows the realization of the efficiencies gained by the 14. The 103° W.L. location is within that portion of the regular assignment of a state—of—the—art satellite over the orbital arc that is included in a Canadian, Mexican and temporary assignment of an obsolete satellite operating past United States trilateral arrangement reached in 1988."" Un— the end of its license term. der the provisions of the arrangement, Canada is permitted to occupy the 104.5° W.L. location with a C—band satellite until the 1994 time frame, when GTE Spacenet launches a SBS—6 hybrid satellite into 103° W.L. Thus, we will not approve 11. SBS—6 now operates at 99° W.L. on a temporary basis, the interim C—band assignment of 103° W.L. to Galaxy 6 although it is assigned to 72° W.L. STLC proposes to without the express consent of the Canadian administra— operate its Ku—band SBS—6 satellite temporarily at 95° W.L. tion. This consent is found nowhere in the record. More— starting in February 1993 when Galaxy 4H becomes oper— over, we will not initiate renegotiations: of the trilateral ational at 99° W.L. and until Galaxy 3H is successfully arrangement absent compelling public fnterest reasons to launched into 95° W.L. in January 1994. Comsat‘s Ku—band do so. HCG‘s desire to provide service from 103° W.L. for SBS—3 satellite has been operating at 95° W.L. since its less than one year does not warrant reopening the complex launch in November 1982. Comsat filed a petition to deny negotiations that preceded the signing of— the 1988 arrange— STLC‘s application, stating that it intends to use the Com— ment. Therefore, we dismiss without prejudice the HCG sat maneuver to keep SBS—3 operational beyond its ten—year application requesting an interim orbital assignment for license term." Galaxy 6 of 103° W.L. 12. As stated above, this Bureau has found that it is in 15. No party opposes HCG‘s proposal to replace Galaxy the public interest to allow operators to extend the useful 2 with Galaxy 6 at 74° W.L. and therefore, we grant the life of older satellites until new state—of—the—art satellites are application. In the interim period between the time Galaxy ready to be launched. This allows the operator of the older 4H replaces Galaxy 6 at 99° W.L. and the end—of—life of satellite to serve customers and to receive a returit on its Galaxy 2, HCG must co—locate Galaxy 6 with another one investment for as long as possible while not impeding the of its C—band satellites."" availability of new technologies and services."‘ In this or— der, HCG is authorized to implement a new state—of—the—art SBS—4 satellite at 95° W.L. in early 1994, when Galaxy 3H is launched. STLC‘s request to locate SBS—6 at 95° W.L. on a 16. STLC proposes to operate its Ku—band SBS—4 satellite temporary basis beginning in February 1993 would effec— at 77° W.L. through the end of its life in August 1994. tively require the decommissioning of SBS—3 one year be— SBS—4 has been operating at 91° W.L. since its launch in fore Galaxy 3H is operational. We will not permit HCG to 1984. It will be replaced in the next few months, however, "bootstrap" itself into an earlier stake in the 95° W.L. with Galaxy 7—H. STLC‘s request to move SBS—4 to 77° orbital location by giving it a regular assignment beginning W.L. upon Galaxy 7—H‘s launch is unopposed. The 77° W.L. location, however, has not been coordinated interna— in 1994. While SBS—6 may be technically superior to the older SBS—3 satellite, SBS—6 is not assigned to 95° W.L. tionally. Accordingly, while we grant STLC‘s request for (76° W.L. reassigned from Safecom Partnership to National Ex— 6—10, supra. change Satellite, Inc. after expiration of Safecom Partnership‘s 21 See para. 7, supra. licenses) and 5 FCC Red 179, para. 26 (85° W.L. reassigned from * GE Americom‘s arguments regarding STLC‘s ability to le— American Telephone & Telegraph Company (AT&T) to Hughes verage regular authority to operate at this location from an Communications Galaxy, Inc. after expiration of AT&T‘s li— interim authorization are rendered moot by this decision. cense). 23 See letter from Chief, Common Carrier Bureau, FCC to 7 See note 9, supra. Senior Assistant Deputy Minister, Government of Canada De— See Astroline Communications Company Limited Partner— Eartment of Communications (August 19, 1988). ship v. FCC, 857 F.2d 1556, 1561 (D.C. Cir. 1988); Arnold L. For example, HCG could co—locate Galaxy 6 with Galaxy 2 Chase, 5 FCC Red 1642, 1644 (1990). at 749 W.L. Also, because HCG‘s Galaxy 2—R will not be built, i9 See para. 8, supra. we render the authorization for Galaxy 2—R, Hughes Commu— 9 Comsat also reiterates its claim that a hearing is necessary nications Galaxy, Inc., 3 FCC Red 6989 (1988), null and void. before STLC‘s request can be granted. See discussion at paras.

DA 92—1481 Federal Communications Commission reassignment, we will permit operation of SBS—4 at 77° W.L. on a non—interference basis only until such time as coordination is completed.* IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that Application File Nos. 5 & 6—DSS—MP/ML—92 ARE GRANTED and Hughes Communications Galaxy, Inc. IS AUTHORIZED to con— solidate its Ku—band Galaxy B—R satellite at 131° W.L. and its C—band Galaxgl 3—R satellite at 95° W.L. into the hybrid Galaxy 3—H at 95° W.L. as proposed in its application. 18. IT IS FURTHER ORDERED that the Ku—band por— tion of the 131° W.L. orbital location is available for reas— signment. 19. IT IS FURTHER ORDERED that Application File No. 16—DSS—ML—92 requesting authority to locate Galaxy 6 at 103° W.L. temporarily IS DISMISSED WITHOUT PREJUDICE. 20. IT IS FURTHER ORDERED that Application File No. 17—DSS—ML—92 IS GRANTED and Hughes Commu— nications Galaxy, Inc. IS AUTHORIZED to use Galaxy 6 to replace Galaxy 2 at 74° W.L. at the end of Galaxy 2‘s useful life. 21. IT IS FURTHER ORDERED that the authorization for Galaxy 2—R, Hughes Communications Galaxy, Inc.. 3 FCC Red 6989 (1988), is NULL and VOID. 22. IT IS FURTHER ORDERED that Application File No. 18—DSS—ML—92 IS CONDITIONALLY GRANTED and Satellite Transponder Leasing Corporation IS AUTHO— RIZED to operate SBS—4 at 77° W.L. on a non—interference basis until international coordination is completed. The period of operation shall start when Galaxy 6H is launched and terminate at the expiration of SBS—4‘s license term. 23. IT IS FURTHER ORDERED that Application File No. 19—DSS—ML—92 requesting an interim orbital assign— ment of SBS—6 to 95° W.L. IS DENIED. 24. IT IS FURTHER ORDERED that the Petition to Deny filed by Communications Satellite Corporation IS DENIED as it pertains to the grant of Application File Nos. 5/6—DSS—ML—92 and IS GRANTED as it pertains to the denial of Application File No. 19—DSS—ML—92. 25. IT IS FURTHER ORDERED that this Order and Authorization will be effective upon adoption. \ FEDERAL COMMUNICATIONS COMMISSION Cheryl A. Tritt Chief, Common Carrier Bureau 25 See Section 25.111(b) of the Commission‘s rules, 47 C.F.R. § 25.111(b).


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