Attachment application.pdf

This document pretains to SAT-MOD-19930108-00003 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1993010800003_1161446

« "Auproved by OMB FEDERAL COMMUNICATIONS COMMISSiON sad s060—0440 . Expires 1 2/3 1/90 FEE PROCESSING FORM Please read instructions on back of this form before completing it. Section 1 MUST be completed. If you are applying for concurrent actions which require you to list more than one Fee Type Code, you must also complete Section II. This form must accompany all gaymems. Only one Fee Processin? Form may be submiltted per application or filing. Please type or print legibly. All required blocks must be completed or application/filing will be returned without action. S EC T 1 QON t APPLICANT NAME (Last, first, middle initial) Hughes Communications Galaxy 5L s3 . S} t MAILING ADDRESS (Line 1) (Maximum 85 characters — refer to Instruction (2) on reverse of fofigx * ; uesJ *C c/o Aileen A. Pisciotta, Latham & Watkins MAILING ADDRESS (Line 2) (if required) (Maximum 95 characters) ‘g 5jDSS M()\ ?6’1‘ 1001 Pennsylvania Avenue, N.W., Suite 1300 a " %‘&i‘ C . CITY alb~ ostaet Washington . Acf\@%%g n ce t . STATE OR COUNTRY (if foreign address) ZIP CODE CALL SIGN OR OTHER FCC 'fi)EN‘TiF}ER (If applicable} D.C. 20004 SBS—4 Enter in Column (A) the correct Fee Type Code for the service you are applying for. Fee Type Codes may be found in FCC Fee Filing Guides. Enter in Column (B) the Fee Multiple, if applicable. Enter in Column (C) the result obtained from multiplying the value of the Fee Type Code in Column (A) by the number entered in Cotumn (B), if any. (A) (B) (C) FEE MULTIPLE FEE DUE FOR FEE TYPE o FEE TYPE CODE (if required) CO0E IN COLUMN (A) B F Y 0 0 0 |1 $ 5,000.00 SECT 1 oN 1 1 —— To be used only when you are requesting concurrent actions which result in a requirement to list more than one Fee Type Code. (A) (B) (C) FEE TYPE copE FEE MULTIPLE FEE DUE FOR FEE TYPE (if required) CODE IN COLUMN (A) (2) .$ (3) $ @4 s 5)5 s ADD ALL AMOUNTS SHOWN IN COLUMN C, LINES (1} _ THROUGH (51, AND ENTER THE TOTAL HERE. TOTAL ANMOUNT REMITIED THIS AMOUNT SHOULD EQUAL YOUR ENCLOSED wih To AALQCATU®N REMITTANCE. } $5,000.00 This form has been authorized for reproduction. FCC Form 155 May 1990

INSTRUCTIONS FOR COMPLETING FEE PROCESSING FORM, FCC FORM 1§55, May 19g0 . .. _ (1) "Applicant Name" — Enter the name (last, first, middle initial) of the applicant as it appears on the original application or filing being sub~~ multed with this fFee Processing Form. If company, enter name which is used commercially. (2) "Mailing Address {Line 11" — Enter. the street address or post office box number to which the applicant wishes correspondence sent. (3) "Mailing Address (Line 2)" — This line may be used for further identification of the address if additional space is required. (4) "City" — Enter the name of the city associated with the given street address. (5) "State or Country" — fEnter the appropriate two—digit state abbreviation as prescribed by the U.S. Postal Service. If address i foreign, enter the appropriate country name here. (6) "ZIP Code" — Enter the appropriate five or nine—digit ZIP code prescribed by the U.S. Postal Service. (7) "Call Sign or Other FCC iIdentifier" — Enter an applicable call sign or unique FCC identifier, if any, as shown on your attached applica— tion or filing. If applying for a service affecting more than one call sign, enter one call gign only. (8) Column (A), "Fee Type Code" — Enter correct Fee Type Code(s) from the appropriate Fee Filing Guide. Only one Fee Processing Form may be submitted per application or filing. Inaccurate or efroneous Fee Type Codes may result in your application or filing being returned to you without further processing. (9) Column (8), "Fee Multiple"® — Certain applications and filings may request action with respect to more than one station, license, frequency, or party and can be submilted together with ome check if they meet specific conditions. This column is used only if a multiple, iLe., two or more, is being applied for. Examples of when this would be used are renewing more than one call sign, frequency, station, or the transfer of control of more than one station. Refer to the appropriate Fee Filing Guide for additional information. (10) Column (C), "Fee Due For Fee Type Code in Column (A)" — Enter in this block the amount of the fee associated with the Fee Type Code shown in Column (A) (times (x) the fee muftiple, if required). (11) "Total Amount Remitted With This Application or Filing" — Ente the total of flines (1) through (5) of Column (C). This amount should equal the amount of your check or money order. We will not accept multipnle checks. HOW TO SUBMIT APPLICATIONS AND FILINGS o Each application or filing should be assembled with the Fee Processing Form stapled to the top of the application with the check placed on top of the Fee Processing Form. DO NOT STAPLE THE CHECK TO THE APPLICATION OR FEE PROCESSING FORM. Required copies of applications should be clearly identified as "duplicate copy" and placed behind the original package. A copy of an application or filing submitted for receipt purposes only should be placed at the bottom of the submission. Extraneous material and extra copies should be avoided at all tmes. Failure to abide by these instructions will delay the processing of your submission. o Completed applications or filings should be mailed to the proper address shown in the Fee Filing Guide for the particular service for which you are applying or making a filing. Applications and filings which are properly addressed to the appropriate PD. box number may alo be hand delivered to the following address. Applications received before midnight on a normal business day will receive that day‘s date as the receipt date. Deliveries made after midnight on Fridays will not be "officially" receipted until the next Monday. Applications received on weekends and govern— ment holidays are dated the next reguiar business day. Federat Communications Commission clo Melion Bank Three Melion Bank Center 525 William Penn Way 27th Filoor, Rm. 153—2713 Pittsburgh, Pennsylvania (Attention Wholesale Lockbox Shift Supervisor) o A single check, bank draft or money order made payable to the Federal Communications Commission and denominated in U.S. dottars and drawn upon a U.S. financial institution must be included with each application or filing requiring a fee. No postdated, altered or third—party checks will be accepted. Do not send cash. 6 Parties hand delivering applications or filings may receive dated receipt copies by presenting copies of the applications or filings to the ac— ceptance clerk al the time of delivery. Receipts will be provided for mail—in applications or filings if an extra copy of the application or filing is provided along with a self—addressed stamped envelope. Only one piece of paper per application or filing will be stamped for receipt purposes. REMEMBER o A separate completed Fee Processing Form is requred with each application or filing except in certain crcumstances. Please refer to the ap— propriate Fee filing Guide for additional information. o A wrong Fee Type Code or incorrect remitance may result in your application or filing being returned without processing, or resuft in the dismissal of your application— or filing. Please ensure that FEE TYPE CODES are correct and that your check or money order equals the amount shown in the TOTAL AMOUNT REMITTED WITH .THIS APPLICATION OR FILING block before submitting your application or filing. o if you have any questions completing this form, please call the Fees Hotline, 202/632—FEES. FCC NOTICE FOR INDIVIDUALS REQWUIRED 8Y THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT Part 1, Subpart G of the Commission‘s rules authorize the FCC to request the information on this form. The information requested is required in order to obtain a license or authorization from the Commission. The purpose of the information is to provide a means To link a fee payment to a specific invoice. application or filing. The information will be used by the Commission to maintain data concerning fees paid to the Commission, for internal financial control, audit. and reporling purposes. information requested on this form will be available to the public. Your response is re— quired to oblain a license or other authorization: from the Commission. Public reporting burden for this colfection of information is estimated to average 10 minutes per response, including the time for reviewing instruc— tions, searching data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send com— ments regarding this burden estimate or any other aspect of this colfection of information, including suggestions for reducing this burden, to the Federal Communications Commission, Office of Managing —Director, Washington, DC 20554, and to the Office of Management and Budget, Paperwork Reduction Project (3060—0440), Washington, DC 20503. FCC Form 155 — instructions May 1990

LATHAM & WATKINS PAUL R. WATKINS (1898—1873) New yonk orFice DANA LATHAM (1898—1974) ATTORNEYS AT LAW 885 THIRD AVENUE, SUITE 1000 1001 PENNSYLVANIA AVENUE, N.W. NEW yonk, NEW YORK 10022—4802 suiTE 1300 TELEPHONE (212) ©08—1200 FAX (212) 781—4004 WASHINGTON, D.C. 20004—2505 cHicacoorrice TELEPHONE (202) 637—2200 onanaecountyorrice SEARS TOWER, SUITE 8800 850 TOWN CENTER DRIVE, SuITE 2000 CHICAGO, ILLINOIS 60606 FAX (202) 697—2201 GOSTA MESA, CALIFORNIA ©2626—1025 TELEPHONE (312) 878—7700 TELEPHONE (714) 540—1235 TLX 590775 FAX (3|2) 993—0767 FAX (714) 755—8200 ELN 62793269 LONDON OFFICE DiEGO ONE ANGEL CoURT zo1 *B* STREET, SUITE 2100 LONDON EC2R 7HJ ENGLAND SAN DIEGO, CALIFORNIA d2101—8197 TELEPHONE o71—974 a444 January 8, 1993 TELEPHONE (619) 230—1234 FAX 071—374 4480 FAX (610) eos—7410 LOS ANGELES OFFICE Phancisco 633 WEsT FIFTH STREET, SUITE 4000 505 MONTGOMERY STREET, SUITE 1900 LOS ANGELES, CALIFORNIA 20071—2007 SAN FRANGCISCO, CALIFORNIA 94111—2588 TELEPHONE (213) 485—1234 TELEPHONE (415) 391—0800 FAx (213) so1—87ee FAX (415) a0s—80085 Federal Communications Commission Common Carrier Domestic Satellites P.O. Box 358160 Pittsburgh, Pennsylvania 15251—5160 Attention: Donna R. Searcy, Secretary Re: Hughes Communications Galaxy, Inc., Application for Modification of License of SBS—4 Dear Ms. Searcy: Enclosed on behalf of Hughes Communications Galaxy, Inc. ("HCG"), licensee of the SBS—4 satellite, is an Application for Modification of License of SBS—4 to permit operation in inclined obit mode in connection with the authorized move of the satellite from the 91° W.L. to the 77° W.L. orbital location. Also enclosed is a check in the amount of $5,000 to cover filing fees. Separately and contemporaneously with this Application, HCG is filing a request for Special Temporary Authority to operate SBS—4 in inclined orbit mode at the 77° W.L. orbital location, pending final Commission action on the Application. If there are any questions concerning this Application, please contact me. cc: Cecily C. Holiday Chief, Satellite Radio Bragph

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Nx nrrnirziiz xz HUGHES COMMUNICATIONS GALAXY, INC. f / [( | | t egu: e ioags Q_H,\\\ MJ |] Application for Modification + ~Z U of License For the SBS—4 Domestic Fixed Satellite APPLICATION FOR MODIFICATION OF LICENSE Hughes Communications Galaxy, Inc. ("HCG") pursuant to Title III of the Communications Act of 1934, as amended, 47 C.F.R. § 301 et seq. hereby requests that the Commission modify the license for the SBS—4 satellite"‘ to permit HCG to cease north—south stationkeeping and to operate SBS—4 in an inclined orbit mode. HCG will continue to perform the required east—west stationkeeping of +.05°. . Introduction The SBS—4 satellite is presently operating at the 91° W.L. orbital location. The satellite will be replaced at that location in the near future by Galaxy VII(H), which was 1: See Satellite Business Systems, FCC 81—464 (released October 5, 1981) (construction of SBS—4); Satellite Business Systems, 94 FCC 2d 447 (1983) (launch SBS—4); Satellite Business Systems, Public Notice Report No. DS—463 (released November 6, 1985) (pro forma assignment of SBS—4, SBS—5 and SBS—6) from Satellite Business Systems to Satellite Transponder Leasing Corporation ("STLC"); International Business Machines Corporation, et al., 5 FCC Red 1655 (1990) (transfer of control of STLC from IBM to Hughes); and Satellite Transponder Leasing Corporation, 7 FCC Red 6341 (1992) (pro forma assignment of licenses of SBS—4, SBS—5 and SBS—6 from STLC to HCG).

successfully launched in October 1992. HCG has recently been authorized to move SBS—4 to the 77° W.L. orbital location, where it will operate for the remainder of its useful life.? | HCG intends to use the SBS—4 satellite for a variety of purposes. First and foremost, SBS—4 will continue to serve as a back—up for other satellites in HCG‘s fleet of Ku—band satellites. Second, HCG will make SBS—4 available for new customers, which may include applications requiring use of large tracking antennas or short satellite feeds, such as satellite news gathering ("SNG") operations. Third, SBS—4 ultimately may be made available for use as a foreign domestic satellite. The latter use would require repositioning, which would consume substantial amounts of fuel. The present request for authority to operate SBS—4 in an inclined orbit is intended to conserve fuel. This would not only prolong the life of the satellite, but would also preserve the value of the satellite for future uses which themselves may require significant fuel resources. Operation of SBS—4 in inclined orbit mode will serve the public interest consistent with existing FCC policies, and will cause no excessive harnmful interference to any adjacent satellites. II. Operation of SBS—4 in Inclined Orbit Mode will Serve the Public Interest Consistent with FCC Policy The FCC has previously recognized the public benefit of extending the useful lifetime of satellites through fuel 2. Hughes Communications Galaxy, Inc., DA 92—1481 (released November 2 1992) .

conservation made possible by inclined orbit operation, particularly older satellites, such as SBS—4, which have been efficiently operated during the majority of their time in service.* Such maximum utilization of spacecraft serves the public by lengthening service potential and making additional services available. Such would be the case with SBS—4. At present, it is expected that the satellite‘s useful life will extend only to 1994. Because north—south stationkeeping consumes over 90% of total fuel requirements for station operation, inclined orbit mode would extend the useful life of SBS—4 for several years. Exended operation would permit HCG to realize maximum value out of its substantial investment by utilizing the spacecraft for back—up as well as appropriate new services such as SNG. Additionally, conservation of fuel at this time would permit HCG to retain the future option of other fuel consuming maneuvers, such as repositioning, subject to necessary approvals. | Operation in inclined orbit mode would not cause harmful interference to adjacent satellites. An interference analysis is provided as Appendix A to this application, which is fully incorporated herein by this reference. As demonstrated in Appendix A, absent stationkeeping, the inclination angle for SBS— 4 will grow at the rate of approximately 0.83° per year. The separation between SBS—4 and its adjacent satellites operated in normal mode will at no time be smaller than it would be in normal 3. See, e.qg., Comsat General Corporation, 4 FCC Red 3820 (1989); Comsat General Corporation, 5 FCC Red 5913 (1990); and GTE Spacenet Corporation, 5 FCC Red 1182 (1990). _ 3 —

orbit. Therefore, the adjacent satellite inteference caused by SBS—4 will not exceed the level that would occur from normal operation when kept within +0.1° of inclination, and in fact on average may be less. This analysis is supported by the fact that other satellites using various techniques to operate inclined orbit mode, including Comsat satellites COMSTAR D—2/D—4, SBS—1, SBS—2 and SBS—3 and the GTE satellite GSTAR III have not been found to cause unacceptable adjacent satellite interference.? HCG is also willing to accept conditions similar to those placed on other licensees operating satellites in inclined orbit mode.*" In particular, HCG will continue to maintain east— west stationkeeping, will periodically control station attitude, will control interference so as not to exceed levels that would be caused in normal stationkeeping mode and, in the event of interference exceeding such levels, will immediately cease operations. Also, HCG will not claim interference protection in excess of what would be received by a satellite in normal stationkeeping mode. In the event that Commission action on this application is not possible before SBS—4 is moved to the 77° W.L. orbital location, HCG is also requesting, by application separately but contemporaneously filed herewith, Special Temporary Authority to operate SBS—4 in inclined orbit mode. note 3, above. > t D D | l GTE Spacenet Corporation, note 3, above. in U 0 D

conclusi III. For the reasons stated, HCG hereby respectfully request that the Commission modify the license for SBS—4 to permit operation in inclined orbit mode. Respectfully submitted HUGHES COMMUNICATIONS GALAXY, INC. Jerald F. Farrell Senior Vice President Hughes Communications Galaxy, Inc. 1990 East Grand Avenue El Sequndo, California 90245 (310) 607—4128 Counsel: Gary M. Epstein Aileen A. Pisciotta LATHAM & WATKINS 1001 Pennsylvania Ave., N. W . Washington, D.C. 20004 (202) 637—2240

TECHNICAL APPENDIX Introduction It is demonstrated in this Technical Appendix, that the proposed inclined orbit operation of the SBS4 satellite will cause no excessive, harmful interference into its adjacent satellites. Adjacent Satellite Interference When the inclination maneuvers are not performed on SBS 4 satellite, the inclination angle will grow at the rate of approximately 0.83° per year. The Drift and Eccentricity maneuvers will continue to be performed to keep the satellite‘s east—west position in compliance with the FCC requirement. Typical satellite orbital trajectories for two adjacent satellites, where one is operated in inclined mode and the other in normal mode are depicted in Figure 1. It is clearly shown that the separation between these two satellites is at no time smaller than it would be between the same two satellites both in normal orbit. As an example: after operating SBS—4 in inclined orbit for three years the inclination angle will reach approximately 2.5°. Figure 2 shows separation of SBS—4 with 2.5° inclination from its 2° neighbor. The separation varies during a typical 24 hour period, from as much as 3.2° to as little as 2.0°. the average separation for this case is 2.64°. Conclusion Since the minimum separation of SBS—4 operated in inclined orbit to its neighbor will never be less than that of a non—inclined orbit satellite, the adjacent satellite interference caused by SBS—4 will be no greater if allowed to function in this mode as opposed to when kept within +0.1° of inclination. In fact, on an average the interference will be reduced.

_WEST EAST ———Rp NORTH ? / 2 O — —| p 2 — m O 2 — SEPARATION cha_ ‘1-) /4 NORMAL ORBIT INCLINED ORBIT V SsoUTH l 2 DEGREE SPACING m>| FIGURE 1. ORBIT TRAJECTORIES FOR 2 GEOSYNCHRONEOUS SATELLITES

3.5° ONE SATELLITE AT 2.5° INCLINED ORBIT 3.0° —— 2 O — —<| > 3 > U m O 2.5° —— 2.0° V\ BOTH SATELLITES IN NON—INCLINED ORBIT 1.5° 24 HOUR PERIOD FIGURE 2. MEAN SEPARATION BETWEEN ADJACENT 2° SPACED SATELLITES

CERTIFICATION OF PERSON RESPONSIBLE FOR PREPARING ENGINEERING AND TECHNICAL INFORMATION SUBMITTED IN THIS APPLICATION l hereby certify that I am the technically qualified person responsible for preparation of the engineering information contained in this Application for Modification; that I am familiar with Part 25 of the Commission‘s Rules; that I have either prepared or reviewed the engineering information submitted in this Application and that it is complete and accurate to the best of my knowledge. By: Bzrvezzzrl— /M Bernard Vecerek Manager, Galaxy Systems Engineering Hughes Communications Galaxy, Inc. 1990 East Grand Avenue El Segundo, California 90245 Dated: 12 —2 2 —4 2. (California form of notary) STATE OF CALIFORNIA ) CcOUNTY OF LOS ANGELES ) On December 22, 1992 before me, Jennifer 0. Groth, Notary Public in and for the State of California, personally appeard Bernard Vecerek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. f OFFICIAL SEAL JENNIFER 0 GROTH NOTARY PUBLIC — CALIFORNIA (9 / LOS ANGSLES COUNTY / A A. My comm.expitesMAY 14lwi?dEwR {p GrotH./Notary Publ ic

CERTIFICATION The undersigned certifies to the Commission on behalf of Hughes Communications Galaxy, Inc. ("HCG") that neither HCG, nor its parent company, Hughes Communications, Inc. ("HCI"), nor any of the officers or directors of HCG or HCI, is subject to a denial of federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti Drug Abuse Act of 1988, 21 U.S.C. § 853a. Very truly yours, HUGHES COMMUNICATIONS GALAXY, INC. By: %Mfi* /r%f/»\ fcott B. Tolleféen Vice President and Secretary


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