Attachment 1994Waiver Request t

1994Waiver Request t

REQUEST submitted by Hughes

Request a waiver to begin construction

1994-10-25

This document pretains to SAT-MSC-19941027-00060 for Miscellaneous on a Satellite Space Stations filing.

IBFS_SATMSC1994102700060_1061698

                                                                                             FEDERAL COMMUNICATIONS COMMISSION                             Approved by OMB


                                                                                        FCC REMITIANCE ADVICE                                               mqusacoor
                                                                                                                             pace no. __1 or 4
                           (RESERVED)                                                                      SPECIAL USE



                      —                                                                                    FCC USE ONLY
\                 .                                  .
         (Read instructions carefully BEFORE proceeding.)
                                                                       _/
oo                                                       $       PAYOR INFORMATION
(1) FCC ACCOUNT NUMBER                           Dld you have a number prior to this? Enter it.                              (2) TOTAL AMOUNT PAID (dollars and cents)

|o|f 9| 5| 3| 4[ s| 6| 4| 9| 7|                          |   |     |        |       [    |        |    |     |       }|       $                        575 e 00
(3) PAYOR NAME (If paying by credit card, enter name exactly as it appears on your card)

     HUGHES COMMUNICATIONS GALAXY, INC.
(4) STREET ADDRESS LINE NO. 1
     1990 Grand Avenue
(~~ STREET ADDRESS LINE NO. 2


(6) CITY                                                                        '                            (7) STATE              (8) ZIP CODE
     EL Segundo                                                                                                      CA                       90245
(9) DAYTIME TELEPHONE NUMBER (Include area code)                                                             (10) COUNTRY CODE (if not U.S.A.)
           (310) 60774000
 s                                               .               ITEM #1 INFORMATION &
(11A) NAME OF APPLICANT LICENSEE REGULATEE OR DEBTOR                                                                              ‘FCC USE ONLY _
     Hughes Communications Galaxy, Inc.
(12A) FCC CALL SIGN/OTHER ID                  (13A) ZIP CODE                             (14A) PAYMENT TYPE CODE                   (154) QUANTITY     (16A) FEE DUE FOR

     Galaxy IX                            .                                                  C        R          Y                        1           $ 575.00
(174) FCC CODE 1                                                                         (18A) FCC CODE 2



(19A) ADDRESS LINE NO. 1                      (20A) ADDRESS LINE NO. 2)                                                   (21A) CITY/STATE OR COUNTRY CODE



                                            ITEM #2 INFORMATION
(11B) NAME OF APPLICANT, LICENSEE, REGULATEE OR DEBTOR .


(12B) FCC CALL SIGN/OTHER ID                  (13B) ZIP CODE                             (14B) PAYMENT TYPE CODE                   |(15B) QUANTITY    |(16B)FEE DfiE FOR
                                                                                                                                                      PAYMENT TYPE CODE
                                                                                                                                                      IN BLOCK 14
                                                                                                                                                      $
(17B) FCC CODE 1                 '                                                           (18B) FCC CODE 2



(19B) ADDRESS LINE NO. 1                      (20B) ADDRESS LINE NO. 2                                                    (21B) CITY/STATE OR COUNTRY CODE



                                        ©S crEpit carD PAYMENT InFormaron se
(22)                      MASTERCARD/VISA ACCOUNT NUMBER:

[] Mastercard                                                                                     EXPIRATION DATE:
D      Visa                                                                                                                       Month        Year
                                                                                                      AUTHORIZED SIGNATURE                                DATE
(23) Ihereby authorize the FCC to charge my VISA or Mastercard
       for the service(s)/authorization(s) herein describe.                                  13

                                                             See public burden estimate on reverse.                                                          FCC FORM 159


                                                             reeimErLOon OCT 25 1994

                                                                         HUGHES
                                                                         COMMUNICATIONS
                                                                         ecanoutaeuean
                                                                                     Subsidiary of
                                                                         Hughes Aircraft Company




                             October 25,    1994




Federal Communications Commission
                                                   6—bSS— HMISC—I5
Common Carrier Domestic Satellites
Post Office Box 358160
Pittsburgh,. PA 15251—5160

            Re:    Request for Section 319 (d) Waiver To Begin
                  Construction of the Hughes Communications Galaxy,
                  Inc. Galaxy IX C Band Domestic Communications
                  Satellite

Ladies and Gentlemen:

            Hughes Communications Galaxy,      Inc.     ("HCG")     hereby
requests   a waiver,   pursuant   to Section 319 (d)    of   the
Communications Act of 1934, as amended, 47 U.S.C. § 319 (d),—to
begin construction as soon as possible on a new C band domestic
communications satellite to be known as "Galaxy IX," and to expend
up to $30 million on the construction of that satellite.   HCG is
filing its application to construct, launch, and operate Galaxy IX
concurnrently with the filing of this letter.

          Ag—set forth more fully in that application, HCG
proposes to opsrate Galaxy IX at 123"° WwW.L. At that location,
Galaxy IX will provide much—needed C band service to satellite
users   in the contiqguous United States,     Alaska,    Hawaii,       Puerto
FKicgo, and thoe U.S. Virgin Islands. HCCG proposss to Ccollocats
Galaxy IX with its existing Ku band satellite, SBS—5, affording
HCG certain operating efficiencies and providing it the
flexibility to replace the two satellites with a single hybrid in
the future.

          The public interest, convenience, and necessity would be
served by grant of a Section 319 (d) waiver because a waiver will
allow HCG to commence providing much—needed C band capacity at the
earliest possible date.      The increasing demand for C band
satellite services, combined with the 96 C band transponders that
have been removed from service by the industry over the past year,
have heightened the demand for C band capacity.  All 24
transponders on each of HCG‘s Galaxy I—R(S), III, IV(H), V—W, VI,
and VII(H) are fully committed, and the C band capacity on HCG‘s
as yet unlaunched Galaxy III(H) is almost fully committed.   In
addition, over the next year, the industry will remove almost 100
                                                              Hughes Communications Galaxy, Inc.
                                                             PO Box 92424 Worldway Postal Center
                                                                     Los Angeles, California 90009
                                                                                   (310) 607—4000


Federal Communications Commission
October 25,     1994                             _
Page 2


C band transponders from service as satellites are retired and are
not replaced.  Indeed, recent press reports confirm that there is
a severe shortage of C band capacity to serve the United States
and that the demand can be met only by the launch of new
satellites .

           In order to respond to this pressing demand, HCG has
selected the HS—376 satellite design for Galaxy IX.   This design
facilitates prompt construction and allows the use of readily
available launch vehicles.   HCG anticipates that this satellite
could be in operation in less than two yvears from the date that
the Commission authorizes construction.

           In order to meet this schedule, HCG needs to begin
construction immediately.   A waiver will avoid delay in the timely
availability of needed C band capacity should the Commission grant
HCG‘s application.   Such delay would hinder HCG‘s business plans
and restrict its ability to provide service to the public in as
little as two years.   Grant of the requested waiver also is
consistent with past Commission practice with respect to Section
319 (d) waivers .2

          Significantly, grant of this request will not prejudice
the rights of any other party.

          HCG acknowledges that grant of a Section 319 (d) waiver
will be without prejudice to any action that may be taken by the
Commission on the pending application, and that all expenditures
will be at HCG‘s own risk.

          HCG certifies 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.




     1        See,   e.G.,   Satellite News,   Oct.   17,   1994,    at 1.

     2        see,   e.q.,   Hughes Communications Galaxy,          Inc.,    File No.
24—DSS—MISC—90 (June 25, 1990) (granting Section 319 (d) waiver to
expend $30 million); Hughes Communications Galaxy, Inc., File No.
5—DSS—MP/ML—90 (Jan. 9, 1990) (same); American Satellite Company,
File Nos. 521—DSS—P/LA—82, 522—DSS—P/LA—82, 523—DSS—P—82 (Apr. 12,
1983 ((granting waiver to expend $28.4 million); American
Satellite Compamy, File Nos. 521—DCC—P/LA—82, 522—DSS—P/LA—82,
523—DSS—P—82 (June 10. 1982) (granting waiver to expend $15.3
million) .


Federal Communications Commission
October 25, 1994                          w2
Page 3

   ‘      Accordingly, HCG respectfully requests that the
Commission grant it a Section 319 (d) waiver to permit it to expend
up to $30 million to construct the proposed Galaxy IX.

                               Respectfully submitted,

                               HUGHES COMMUNICATIONS GALAXY,   INC.




                               By :      Z/JA
                                      Carl A. Brown
                                      Senior Vice President



Document Created: 2014-09-19 14:41:29
Document Modified: 2014-09-19 14:41:29

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