Attachment application.pdf

This document pretains to SAT-STA-19940901-00050 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA1994090100050_1161347

FEDERAL COMMUNICATIONS 'COMMIéSION Approved by OMB FCC REMITIANCE ADVICE mpwasew PAGENO___L~_OF__£__ (RESERVED) SPECIAL USE FCC USE ONLY \ / (Read instructions carefully BEFORE proceeding.) PAYOR INFORMATION (1) FCC ACCOUNT NUMBER Did you have a number prior to this? Enter it. (2) TOTAL AMOUNT PAID (dollars and cents) | OJ 9 [ 5 [3 1 4 [5 [ 614| 917| [ | [ | [ [ [J L [ f3s 6315000 (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 East Grand Avenue (5) 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.) ITEM #1 INFORMATION (11A) NAME OF APPLICANT, LICENSEE, REGULATEE, OR DEBTOR ‘FCCUSEONLY~ Hughes Communications Galaxy, Inc. (12A) FCC CALL SIGN/OTHER ID (13A) ZIP CODE (14A) PAYMENT TYPE CODE (15A) QUANTITY (16A) FEE DUE FOR | 8 ® * 1 s 5740. 00 (17¥) FCC CODE 1 ‘ (18A) FCC CODE 2 SBS—4 (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 Hughes Communications Galaxy, Inc. (12B) FCC CALL SIGN/OTHER ID (13B) ZIP CODE _ (14B) PAYMENT TYPE CODE |(15B) QUANTITY |(16B) FEE DUE FOR > PAYMENT TYPE CODE IN BLOCK 14 C R Y 1 $ 575 .00 (17B) FCC CODE 1 (18B) FCC CODE 2 SBS—4 (19B) ADDRESS LINE NO. 1 (20B) ADDRESS LINE NO. 2 (21B) CITY/STATE OR COUNTRY CODE e crzprr carp raAyvent wnrorvaron M (22) MASTERCARD/VISA ACCOUNT NUMBER: [_] Mastercard EXPIRATION DATE: D Visa Month Year AUTHORIZED SIGNATURE DATE (23) I hereby authorize the FCC to charge my VISA or Mastercard 1 for the service(s)/authorization(s) herein describe. See public burden estimate on reverse. FCC FORM 159 April 1994

NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT OF 1974 AND THE PAPERWORK REDUCTION ACT Section 9 of the Communications Act authorizes the FCC to request the information on this form. The informa— tion requested is required to recover costs incurred in carrying out its enforcement activities, policy and rulemaking activities, user information services, and international activities. The form will be used primarily to capture paper information in order to speed the refund process and maintain required accounts receivable information. It will also be used to collect fines and debts due the Commission. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden to the Federal Communications Commission, Records Management Division, AMD—PIRS, Washington, DC 20554, and to the Office of Management and Budget, Office of Information and Regulatory Affairs, Paperwork Reduction Project (3060—0589), Washington, DC 20508. FCC FORM 159 April 1994

@ T ‘ " \ 77 LATHAM & WATKINS @ m~ookd, M cHicaco orfice ATTORNEYS AT LAW mEw o srigs sEARS TOWER, SUITE 800 ae5 THIRD AVENUE, SUITE 1000 CHicAG0, ILLINO!S 80808 1001 PENNSYLVANIA AVE., N.W., SUITE 1300 Ew york, NEw York 10022—4802 TELEPMONE (312) 878—7700 WASHINGTON, D.C. 20004—250§ TELEPHONE (212) 8081200 Fax (312) 903—0787 FAX (212) 761—4884 TELEPHONE (202) 637—2200 LONDON OFFICE FAX (202) 6a7—2201 onanae county orfice county onE ANGEL COURT 650 TOWN CENTER DRIVE, suiTE 2000 LONDON EC2R 7HJ ENGLAND TLX $90775 COSTA MESA, CALIFORNIA 2628—1925 TELEPHONE + 44—71—374 4444 ELN 62793269 TELEPHONE (714) 640—1236 FAX + 44—71—374 4480 FAX (714) 755—8200 s AN 1 SAN DifGo OFFIGE eas west FIFTH STREET, SUiTE 4000 7oi *a" STAEET, suiTe 2100 LOS ANGELES, CALIFORNIA 20071—2007 PAUL R. WATKINS (1890—1073) SAN DIEGO, CALIFORNIA 92101—8107 TELEPHONE (213) 485—1234 DANA LATHAM (1808—1974) TELEPHONE (810) 238—1234 FAX (213) 801—8763 FAX (619) 606—74 10 moscow office August 29, 1994 g\%%k san ERANciSCO orfice 11371 LENINSKY PROSPECT, suiTe C200 605 MONTGOMERY STREET, SUiTE 1900 moscow 117108 Russia \SQ) SAN FRANCISCO, ‘CALIFORNIA 9411 1—2682 TELEPHONE + 7—803 060—5555 P\ TELEPHONE (418) 3a1—0800 ; Fax + 7—503 068—5556 FAX (416) 306—8008 BY HA LIVERY Federal Communications Commission Common Carrier Domestic Satellites P.O. Box 358160 Pittsburgh, Pennsylvania 15251—5160 Re: SBS—4 Domestic Fixed—Service Satellite: Application for Modification f License or, Alternativel cial Tem: Authori Gentlemen: Enclosed on behalf of Hughes Communications Galaxy, Inc. are an original and four copies of an application for modification of the license of SBS—4 to extend the license term or, alternatively, for special temporary authority to continue to operate SBS—4 for a period of 180 days following the expiration of the satellite‘s license term. Also enclosed are an FCC Form 159 and a check for $6315, representing filing fees of $5740 for the modification request and $575 for the request for special temporary authority. The enclosed application contains an Anti—Drug Abuse Act certification. Please contact me if you have any questions. Sincerely, Teresa D. Baer Enclosures cc (w/encl.): FCC Laurel, Maryland Field Office Cecily C. Holiday

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 / ut Nust Ns Nt Nt Nut Nust Nt No In the Matter of HUGHES COMMUNICATIONS File No.: GALAXY, INC. Application To Modify the License for the SBS—4 Domestic Fixed—Service Satellite To Extend the License Term APPLICATION OF HUGHES COMMUNICATIONS GALAXY, INC. FOR MODIFICATION OF LICENSE OR, ALTERNATIVELY, FOR SPECIAL TEMPORARY AUTHORITY Hughes Communications Galaxy, Inc. ("HCG") submits this application for modification of the license for its SBS—4 domestic fixed—service satellite to extend the license term of that satellite. In the alternative, HCG requests a grant of special temporary authority to continue to operate SBS—4 for a period of 180 days following the expiration of the satellite‘s license term. HCG‘s ten—year license term for SBS—4 is expiring. Pursuant to Commission authorization, SBS—4 was launched on August 29, 1984, and successfully placed into géosynchronous orbit on approximately September 7, 1984. The satellite was put into service in November 1984, and it has operated successfully to date. Pursuant to Commission approval, SBS—4 was moved to 77° W.L. in February 1993. At the 77° W.L. location, SBS—4 currently provides essential services over each of its transponders to NBC. HCG‘s business arrangement with NBC allows NBC to

utilize SBS—4 until the end of the satellite‘s useful life. In order to conserve fuel and prolong the useful life of the satellite, and pursuant to Commission authority,*‘ HCG is operating the satellite in an inclined orbit. HCG currently estimates that SBS—4 has sufficient fuel remaining to continue to provide service for approximately ten more years. In order to maximize the use of its spacecraft, and to best meet NBC‘s needs, HCG requests that it be permitted to continue operating SBS—4 at its current location until its fuel is expended, at which time SBS—4 will be removed from service. HCG proposes to continue to operate the SBS—4 satellite within the terms of its current license. Specifically, HCG requests that the Commission modify the license for SBS—4 to extend HCG‘s license term at 77° W.L. In the past, the Commission has concluded that granting an application for modification of a license term to extend operational authority beyond the original term served the public interest by "provid[ing] an opportunity for the public to continue receiving services" from a satellite.?" The Commission should reach the same result here. In the alternative, HCG requests that the Commission grant it an STA for a period of 180 days (the maximum time permitted under the Commission‘s Rules*) so that it may continue to operate SBS—4 following the expiration of its license.* U Hughes Communications Galaxy, Inc., DA 94—457 (released May 11, 1994). 2¥ American Telephone & Telegraph Co., DA 93—1497 (released Dec. 16, 1993). 3/ 47 C.F.R. § 25.119(b). In view of the lengthy expected remaining useful life of SBS—4, grant of a modification of the license term would be significantly less burdensome on the Commission‘s administrative processes than issuance of an STA. A license modification would avoid repetitive requests every six months to extend or renew an STA. 2

Grant of HCG‘s request will serve the public interest, convenience, and necessity. It will allow HCG to continue to provide essential, valuable satellite services over SBS—4without disruption to the NBC network and without requiring NBC to repoint all of its earth stations. Significantly, grant of the application will not have any adverse effect on other users of the orbital arc.? a! As the Commission is aware, GE has a presently pending application for two new Ku band satellites, designated Satcom K—2R and Satcom SNZR, which it proposes to locate in the "high—power density arc" at 76° and 79° W.L., with 3° spacing between the two satellites (alternatively, GE proposes assignments to 75° and 78° W.L.). GE American Communications, Inc., File Nos. 18—DSS—P/LA—94, 19—DSS—P/LA—94. HCG has opposed GE‘s proposal to the extent that it would require the reassignment of SBS—4 to another location, and has explained how SBS—4 can be accommodated at either 77° W.L. or at 83° W.L. even if GE‘s application is granted.

CONCLUSION For the foregoing reasons, the Commission should modify the license for HCG‘s SBS—4 domestic fixed—service satellite by extending the license term of that satellite or, in the alternative, grant HCG special temporary authority to continue to operate SBS—4 for a period of 180 days following the expiration of the satellite‘s license term. Respectfully submitted, HUGHES COMMUNICATIONS GALAXY, INC. /(W?/4. 04&/%— _/ Scott B. Tollefsen Vice President and Legal Counsel Hughes Communications Galaxy, Inc. 1990 East Grand Avenue El Segundo, CA 90245 (310) 607—4000 Counsel: Gary M. Epstein John P. Janka Teresa D. Baer LATHAM & WATKINS 1001 Pennsylvania Ave., N.W. Washington, D.C. 20004 (202) 637—2200 August 29, 1994

CERTIHFICATION The undersigned certifies to the Federal Communications Commission on behalf of 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. § 853(a). HUGHES COMMUNICATIONS GALAXY, INC. By: j@#3 %M Scott B. Tollefsen Z Vice President and Sectetary August 29, 1994 6 #


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