Attachment 1990June 25 ltr CCB

1990June 25 ltr CCB

LETTER submitted by CCB, FCC

June 25 1990 Letter CCB FCC

1990-06-25

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

IBFS_SATMSC1990031500012_1058788

                                                 u8 , 5 1999




                                                                                                        61330

Latham & Watkins
1001 Penasylvania Avenue, H.Y.
Suite 1300
Hashington, D.C.   20C004—2505

Attention:          James F. Rogers

Reference:          Request for Section 319(4) Waiver to Construct the Galaxy VII(H)
                    Satellite (File BHo. 24—DSS—MISC—90)

Dear HMr. Rogers:                                                                                       .

This is in response to your March 15, 1990 letter, filed on behalf of Hughes
Communications Galaxy, Inc. (HCG), requesting a waiver pursuant to Section
319{d4) of the Communications Act, 47 U.S.C. § 319(4), to begin construction
of the Galaxy VIIGH) hybrid satellite for which                              HCG   has     recently        applied
(File NHo. 20G—DSS—P/LA—90). In its application to construct Galaxy VII(H),
HCG requests authority to substitute a 4/6 CHz and 12/14 CHz hybrid
satellite as & replacement for its recently acquired SRBS—4 satellite and
its previously authorized Galaxzxy VI satellite to operate at                                91°    W.L.       GE
American          Communications,       Inc.      (GE       Americom)} has filed a petition to deny
the    underlying application but does not oppose HCG‘s request for a § 319(d4)
waiver.       ©                                         —

In support of HCG‘s request for                   a   waiver,          the    request      states     that    the
proposed      Galazy        ViII(H)    satellite        will become an important element in the
Galaxy satellite system and will employ new hybrid satellite technology,
thus   assuring higher efficiency than that previously    available  for
hybrid satellites.             HCS asserts that it needs to begin construction of this
satellite as soon as possible to provide necessary service to the public
and to avoid delay of its business plans. It also states that the technical
specifications of the Galaxy VII(H) satellite are identical to those of its
Calazy IV(H), which has been authorized since this waiver request was filed,
and its ground spare satellite for which it has been granted a Section
319(4) waiver.            Grant of a waiver for Galaxy VII(H) will, according to                             HCC,
enable it to coordinate procuremeant of long lead—time items      as well as
realize economies of scale for all three satellites. No assignment of nevw
orbital locations is necessary in connection with this proposed satellite.
HCS requests authority to expend up to $30 million and acknowledges that
grant of the waiver would be without prejudice to final Commission actioun
on its underlying application.

H¥e   grant       HCS‘s     request.        in    doing          so,   however,    we emphasize that any
expenditures made pursuant to this waiver prior to Commission action on                                       the
underlying         application        are    solely         at     HCC‘s     own   risk.     The underiying


application is opposed by GBE Americom and grant of this waiver in no way
prejudges any action the Commission might take on HCG‘s application to
construct the proposed Calaxy YII(H) satellite.

Accordingly,   pursuant   to    Section   0.291   of    the    Commission‘s        rules   on
delegations of authority, 47 C.F.R.       § 0.291, Hughes      Communications        CGalazy,
Inc.  is granted a waiver pursuant to Section 319(d) of the Communications
Act, 47 U.S.C. § 319(d), to expend, at its own risk, up to $30 million to
begin to construct the Galazy VII(H) hybrid satellite described in its
pending application (File      No.   20—DSS—P/LA—90).         This   action   is    without
prejudice to future Commission action on that application.

         ~                                 Sincerely,



                                           James R. Keegan
                                           Chicef, Domestic Facilities Division
                                           Common Carzrier Bureau °~



Document Created: 2014-08-20 17:41:14
Document Modified: 2014-08-20 17:41:14

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