Attachment 1990Waiver Request m

1990Waiver Request m

REQUEST submitted by Hughes, STLC

Waiver Request

1990-03-15

This document pretains to SAT-MSC-19900315-00012 for Miscellaneous on a Satellite Space Stations filing.

IBFS_SATMSC1990031500012_1058786

LATHAM ‘&NWATEKINS..; : al nouk Viienk Uike & ATTORNEYS AT LAW CHICAGO OFFICE 1001 PENNSYLVANIA AVENUE, N.W. PAUL R. WATKINS (1899—197, SsEARS TOWER, SUITE 5800 DANA LATHAM (1898—1974) CHICAGO, ILLINOIS sosos SUITE 1300 TELEPHONE (312) 876—7700 WASHINGTON, D.C. 20004—2505 FAX (312) gas—o7e? ORANGE COUNTY OFFICE TELEPHONE (202) 637—2200 650 TOWN CENTER DRIVE LOS ANGELES OFFICE FAX (202) 637—2201 TWENTIETH FLOOR 633 WEST FIFTH, SUITE 4000 COSTA MESA, CALIFORNIA s2626—1918 LOS ANGELES, CALIFORNIA 90071—2007 TLX 590775 TELEPHONE (714) 540—1235 TELEPHONE (213) 485—1234 ELN 62793269 FAX (714) 755—8290 FAX (213) s91—8763 SAN DIEGO OFFICE NEW YORK OFFICE 701 ‘B* STREET, SUITE 2100 53R0 AT THIRD, SUITE 1000 March 15 T 1990 SAN DIEGO, CALIFORNIA s2101—8197 885 THIRD AVENUE TELEPHONE (619) 236—1234 NEW YORK, NEW YORK 10022—4802 FAX (619) s96—7419 TELEPHONE (212) 906—1200 FAX (212) 751—4864 BY MESSENGER RECEIVED Ms. Donna R. Secretary Searcy § MAR 1 5 1990 Federal Communications Commission ;. hy FederalPice Communications Commissi ut ho S:Eetarr;\mlssuon 1919 M Street, NW Washington, DC 20554 Re: Hughes Communications Galaxy, Inc. Request for Section 319 (d) Waiver AHU—DbSS — hISL —46 Dear Ms. Searcy: On behalf of Hughes Communications Galaxy, Inc. ("HCG"), enclosed is a request that the Commission grant a waiver pursuant to Section 319(d) of the Communications Act permitting HCG to expend up to $30 million at its own risk during the next 12 months to construct the Galaxy VII(H) satellite for which HCG has recently applied. If there are any questions in connection with this request, please call me. Very truly yours, es F. Rogers LATHAM & WATKINS Enclosure cc (w/enc.): James R. Keegan Cecily C. Holiday Fern J. Jarmulnek

HUGHES COMMUNICATIONS Eesc March 15, 1990 Hughes Aircrggbégjri:;%:; RECEIVED Ms. Donna R. Searcy Secretary 2o 20. MAR 1 5 1990 Federal Communications Commission 1919 M Street, N.W. Federal Communications Commission Washington, D.C. 20554 Officeof the Secretary Attention: Satellite Radio Branch Re: Section 319(d) Waiver for Hughes Communications Galaxy, Inc. to begin Construction of a Hybrid Domestic Communications Satellite, to be Known as Galaxy VII(H), to Serve as a — Replacement for SBS—4 and as a Substitute for Galaxy V Dear Ms. Searcy: Hughes Communications Galaxy, Inc. ("HCG"), in conjunction with Satellite Transponder Leasing Corporation ("STLC"), has recently filed an application (the "Application") for authority to construct a hybrid C/Ku band satellite, to be known as Galaxy VII(H), to serve as a replacement for STLC‘s SBS—4 satellite and a substitute for HCG‘s Galaxy VI satellite. The Commission has recently granted HCG‘s and STLC‘s application for consent to transfer control of STLC to HCG. File Nos. 1838— DSS—TC—89, et al. Upon that transfer, HCG will control the SBS—4 satelhte and its proposed replacement. The purpose of this letter is to request a waiver, pursuant to Section 319(d) of the Communications Act, 47 U.S.C. § 319(d), so that HCG may spend up to thirty million dollars during the next twelve months to construct Galaxy VII(H). HCG explains in the Application how the proposed Galaxy VII(H) satellite will become an important element in HCG‘s Galaxy system of domestic satellites. Galaxy VII(H) is a response to customer demands. Only recently has technology been developed that allows the construction of hybrid satellites that provide full frequency re— use in each band, without any decrease in the power levels now standard on single— band satellites. The proposed hybrid incorporates this state—of—the—art satellite technology to better meet customer needs into the next century. in order to meet these needs, however, it is imperative that HCG order construction of Galaxy VII(H) to begin as soon as possible. The grant of this waiver is necessary to avoid delay in the timely availability of satellite services should the Commission grant the Application. Such delay would hinder HCG‘s business plans and restrict HCG‘s ability to provide services to the public. PO Box 92424 Worldway Postal Center Los Angeles, CA 90009 (213) 607—4000

Ms. Donna Searcy March 15, 1990 Page 2 Moreover, HCG has recently been granted Section 319(d) waivers to commence construction of its proposed Galaxy IV(H) hybrid satellite and its proposed hybrid Ground Spare. See Letter from Chief, Domestic Facilities Division to HCG dated January 8,. 1990 (Galaxy IV(H)); Letter from Chief, Domestic Facilities Division to HCG dated February 9, 1990 (Ground Spare). The technical specifications of each of those satellites are identical to those of the Galaxy VII(H) satellite. Grant of this requested Section 319(d) waiver will therefore permit HCG to coordinate the procurement of various long lead—time items and realize certain economies of scale with respect to all three of these satellites. Significantly, no new orbital locations are needed for the proposed Galaxy VII(H) satellite and no other satellite operators will be disrupted by the construction of this satellite. Galaxy VII(H) will, however, afford significant savings compared with operating two single—band satellites at the same 91° W.L. location. HCG acknowledges that the grant of this Section 319(d) waiver will be without prejudice to any further action by the Commission on the pending Application, and that any expenditures will be made at HCG‘s risk. Accordingly, HCG respectfully requests that the Commission grant a Section 319(d) waiver to permit HCG to expend up to thirty million dollars on the proposed Galaxy VII(H) satellite during the next twelve months. Respectfully submitted, HUGHES COMMUNICATIONS GALAXY, INC. By: %7 . ===—— ddy W. Hartenstein Seniof Vice President


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Document Modified: 2014-08-20 17:42:53
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