Application Form [pdf]

This document pretains to SAT-STA-19960531-00076 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA1996053100076_1157589

LAW OFFICES LEVENTHAL, SENTER 8 LERMAN SUITE 600 NORMAN P. LEVENTHAL 2000 K STREET, N.W TELEPHONE MEREDITH 5. SENTER, JR (202) 429—8970 STEVEN ALMAN LERMAN WasHincton, D.C. 20006—1809 RAUL R. RODRIGUEZ TELECOPIER DENNIS P. CORBETT (202) 2037783 BRIAN M. MADDEN May 31, 1996 BARBARA K. GARDNER STEPHEN D. BARUCH Sentor Communcations SALLY A. BUCKMAN Consurrant NANCY L. WOLF MORTON 1. HAMBURG DAVID 5. KEIR UN 1 3 1996 DEBORAH R. COLEMAN 470 BERNARD A. SOLNIK NANCY A. ORY WRITER‘S DIRECT DIAL WALTER P. JACOB 202—416—6742 LINDA D. FELDMANN RENEE L. ROLAND WRITER‘S E—MAIL JOHN D. POUTASSE* DKEIR@LSL—LAW.COM *ADMITTED MD ONLY 120U—8SA1T—S1A—96 VIA R&S COURIERS +An e alres eerws £0m._ Federal Communications Commission International Bureau — Satellites PO Box 358210 Pittsburgh, PA 15251—5210 RE: Application Of Columbia Communications Corporation For Special Temporary Authority To Operate Capacity On The TDRS—6 Satellite At 47° W.L. To Whom It May Concern: Enclosed on behalf of Columbia Communications Corporation ("Columbia") are the original and nine copies of its Request for Special Temporary Authority ("STA") to operate capacity on the NASA TDRS—6 spacecraft at 47° W.L. Grant of an STA will allow Columbia to immediately use this currently idle capacity to meet the domestic and trans—Atlantic communications needs of satellite users requiring C—band space segment. Included with this filing are a completed FCC remittance advice "Form 159" and a check payable to the Federal Communications Commission in the amount of $575 in payment of the required filing fee. A copy of this application marked "Return Copy"is also included. Please date stamp this copy and return it to the courier delivering this package. Received uN 41996 Satellite and ad! s Division 78992053196/12:07 Inion eau

LEVENTHAL, SENTER 8 LERMAN Federal Communications Commission May 31, 1996 Page —2 — Should there be any questions concerning this matter, please contact the undersigned counsel. Respectfully submitted, DSK/vip Enclosures co: Mr. James L. Ball Mr. Thomas S. Tycz Mr. Alex C. Latker Ms. Julie A. Garcia 78992/053196/12:07

FEDERAL COMMUNICATIONS COMMISSION Approved by OMB 3060—0589 wved FCC REMITIANCE ADVICE Expires 229/97 é‘%@fi%é\g% pace no. L or _A (RESERVED) SPECIAL USE {sion FCC USE ONLY N (Read instructions carefully BEFORE proceeding.) ic gpy.~.~~.~~~~ ipodfngowlnod _ _ 1 : 1d u have a number prior to this? Enter it. J (2) TOTAL AMOUNT PAID (dollarsand cents) 0| 9| 9| 0J 2| 3]7[6f 6| 9| [ | [ | [ | | | [ | $ 575 3) PAYOR NAME (If paying by credit card, enter name exactly as it appears on your card) Columbia Communications Corporation 4) STREET ADDRESS LINE NO. 1 c/o Leventhal, Senter & Lerman 5) STREET ADDRESS LINE NO. 2 2000 K Street, NW, Suite 600 3) CITY (7) STATE (8) ZIP CODE — Washington , DC 20006 3) DAYTIME TELEPHONE NUMBER (Include area code) — (10) COUNTRY CODE (if not U.S.A.) 202—429—8970 j 3 c o ce ITEM #1 INFORMATION P s o o o llA) NAME OF APPLICANT LICENSEE REGULATEE OR DEBTOR FCC USE ONLY Columbia Communications Corporation L12A) FCC CALL SIGN/OTHERID — (13A) ZIP CODE (14A) PAYMENT TYPE CODE (15A) QUANTITY (16A) FEE DUE FOR C R Y $ 575 L7A) FCC CCDE 1 (18A) FCC CODE 2 L9A) ADDRESS LINE NO. 1 (20A) ADDRESS LINE NO. 2) (21A) CITY/STATE OR COUNTRY CODE e 5x st Tem +2 mFrormaition soe s LlB) NAME OF APPLICANT LICENSEE REGDLATEE OR DEBTOR FCC USE ONLY L2B) FCC CALL SIGN/OTHER ID (13B) ZIP CODE (14B) PAYMENT TYPE CODE |(15B) QUANTITY |(16B) FEE DUEFOR PAYMENT TYPE CODE IN BLOCK 14 $ L7B) FCC CODE 1 (18B) FCC CODE 2 L9B) ADDRESS LINE NO. 1 (20B) ADDRESS LINE NO. 2 (21B) CITY/STATE OR COUNTRY CODE m n oc 34 CREDIT CARD PAYMENT INFORMATION [ 12) MASTERCARD/VISA ACCOUNT NUMBER: ~] Mastercard EXPIRATION DATE: ] Visa Month Year AUTHORIZED SIGNATURE DATE ?3) Ihereby authorize the FCC to charge my VISA or Mastercard m for the service(s)/authorization(s) herein describe. See public burden estimate on reverse. FCC FORM 159 April 1994

meross res DUPLICATE COPY Federal Communications Commission WASHINGTON, D.C. 20554 In re: Application of COLUMBIA COMMUNICATIONS CORP. File No. For Special Temporary Authority to Operate a C—Band Satellite Capacity on the National Aeronautics and Space Administration Tracking and Data Relay Satellite (TDRS—6) at 47° West Longitude TEMPORARY Columbia Communications Corporation ("Columbia"), by counsel and pursuant to Section 308 of the Communications Act of 1934, as amended (47 U.S.C. § 308), and Sections 25.114(c) and 25.119 and of the Commission‘s Rules (47 C.F.R. §§ 25.114(c) and 25.119), hereby requests that the Commission grant it special temporary authority ("STA"), on an expedited basis, to utilize in—orbit C—band capacity on the National Aeronautics and Space Administration ("NASA") Tracking and Data Relay Satellite System ("TDRSS") spacecraft located at 47° W.L. ("TDRS—6") to provide commercial satellite service. In support of this application, Columbia submits the following information: I. INTRODUCTION On October 3, 1995, Columbia filed an application seeking authority to construct, launch and operate a new C—Band satellite at 47° W.L. —— COLUMBIA— 78715/053096/09:00

—2 _ ATL—47W. See FCC File No. 3—SAT—P/LA—96. Since that time, Columbia has reached an agreement with NASA permitting Columbia to sell or lease the C—band capacity on board TDRS—6, which is already in orbit at 47° W.L. The availability of this capacity presents Columbia with an extraordinary opportunity to provide immediate interim service at the proposed location of its follow—on satellite, thereby relieving the present shortage of U.S. domestic and transAtlantic C—band capacity and also allowing Columbia to provide expanded service options to existing and new customers well before it would be able to construct and launch a new satellite. In the brief period of time since it reached final agreement with NASA, Columbia has received numerous expressions of interest from potential users of the TDRS—6 space segment that require access to additional C—band capacity commencing within the next 15 to 60 days. Grant of special temporary authority to allow immediate use of this capacity will therefore serve the public interest. See Section IV, below. II. APPLICANT Columbia Communications Corporation 1088 Bishop Street Suite 2912 Honolulu, Hawaii 96813 (808) 523—8100 78715/053096/09:00

IlI. CORRESPONDENCE Correspondence with respect to this application should be sent to the following person at the above address and telephone number: Clifford Laughton Chairman and Chief Executive Officer with a copy to: Kenneth Gross General Counsel and Chief Operating Officer Columbia Communications Corporation 7200 Wisconsin Ave. Suite 701 Bethesda, Maryland 20814 (301) 907—8800 and to: Raul R. Rodriguez David S. Keir Leventhal, Senter & Lerman 2000 K Street, N.W. Suite 600 Washington, D.C. 20006 (202) 429—8970 IV. GRANT OF TEMPORARY AUTHORITY WILL INTEREST Columbia currently offers video, voice and data communications capability using leased satellite capacity through a prior arrangement with NASA on two TDRSS satellites, including the TDRS—4 satellite at 41° W.L. serving the Atlantic 787157053096/09:00

—4— Ocean Region and the eastern portion of the continental United States. Commercial capacity on each satellite is limited to twelve C—band transponders. At the present time, there is growing demand for satellite services in the United States and in the Atlantic Ocean Region, and a shortage of C—band capacity to meet the long—term needs of these satellite users. Columbia is presently the smallest capacity provider in the region, with access to only the twelve C—band transponders on TDRS—4, which is expected to reach the end of its useful life shortly after the turn of the decade. Accordingly, Columbia requires additional capacity to expand its service in the near term, and to maintain its service to existing customers in the future. While Columbia has sought authority to construct a new satellite at 47° W.L., it will be a period of several years before new capacity on this new satellite can be brought to market. Interim operation using the TDRS—6 capacity will permit .Columbia to provide new service almost immediately, and well in advance of the availability of its proposed new capacity at this location. Grant of an STA to Columbia to allow it to implement new service on TDRS—6 will thus provide additional competition in the Atlantic Region and provide Columbia additional sources of revenue to assist in its ultimate expansion in this region. Enhanced competition and additional space segment options for satellite users are unquestionably in the public interest and militate strongly in favor of the grant of an immediate STA for Columbia, allowing it to commence service at the earliest possible date. As noted above, Columbia has already 78715/053096/09:00

_5 received numerous expressions of interest in the TDRS—6 capacity, including customers requiring near—term service during the upcoming Olympic Games. Columbia‘s legal qualifications to be a satellite licensee are contained in its applicatioh to construct, launch and operate COLUMBIA—ATL—47W. See Columbia Application, FCC File No. 3—SAT—P/LA—96 (filed October 3,1995). The technical | parameters for the TDRS—6 satellite are identical to those for the successfully— coordinated TDRS—4 spacecraft, which are a matter of record before the Commission. See Application of Columbia Communications Corporation for Authority to Use and Offer for Lease the C—band Transponders on the NASA TDRSS Satellites at 41° W.L. and 174.3° W.L. for the Provision of International Fixed—Satellite Services, File Nos. CSS—90—010 and CSS—90—011, Section VIII (filed August 6, 1990). Columbia‘s operation of C—band capacity at 47° W.L. is fully compatible with the current authorization of Orion Network Systems, Inc. for a Ku—band satellite at 47° W.L. In addition, Columbia is confident that it will be able to achieve successful coordination with the existing C—band operations of PanAmSat at 45° W.L. and INTELSAT at 50° W.L. Indeed, Columbia has already taken steps to initiate coordination with both of these parties. An interference analysis concerning this orbital location is contained in Columbia‘s application for COLUMBIA—ATL—47W at Attachment 1, Technical Annex at Section 20. 78715/053096/09:00

—6— V. COLUMBIA RESPECTFEULLY REQUESTS THAT, CONSISTENT WITH PRECEDENT, THE COMMISSION WAIVE ITS FULL FREQUENCY REUSE REQUIREMENT AND THE FREEZE ON APPLICATIONS TO BETWEEN To make use of the TDRS—6 capacity, Columbia will require a waiver of the FCC‘s full frequency reuse requirement. See Space Licensing Staions in SatelliteService, 54 R.R.2d 577, 598 & n.67 (1983);Establishment International Sateli Providing Communications, 101 F.C.C.2d 1046, 1168— 72 (1985). The Commission stated in granting Columbia authorization to utilize the C— band capacity on TDRS—4 that it would grant such waivers "as long as the non— compliant satellite is making some use of the orbit/spectrum resource which otherwise would not be used, and as long as such use does not preclude the use of the resource by a satellite which meets the Commission‘s full—frequency reuse requirements." See CommunicationsCorp., 7 FCC Red 122, 123 (1991). Both of these requirements are met here. Grant of an STA will allow Columbia to offer for immediate use C—band capacity that will otherwise go unused, and will not preclude any future operation that would provide full frequency reuse. See also Systematics Corp., 2 ECC Red 7550—7551 (Com. Car. Bur. 1987) (granting STA for use of TDRS— 1 and TDRS—3 to provide domestic service). Moreover, as the Commission noted in granting the TDRS—4 authorization, because the satellite at issue is already in orbit, "it would be impossible for Columbia to redesign the communications system . . . in order to meet the full frequency reuse requirements." Columbia, 7 FCC Red at 123. Significantly, Columbia has already filed an application for this orbital location that is 78715/053096/09:00

—7_ fully compliant with the FCC‘s requirements for frequency reuse. See Columbia Application, ECC File No. 3—SAT—P/LA—96, Technical Annex at 2. Accordingly, grant of the requested waiver is in the public interest. To the extent that it is necessary, Columbia also requests that the Commission waive the 1985 freeze on Atlantic Ocean Region satellite applications between 30° W.L. and 60° W.L. Columbia requested such a waiver in connection with its underlying application for 47° W.L. because the new service to be provided would promote the public interest in maintaining the availability of sufficient Atlantic Ocean Region space segment capacity. See Columbia Application, FCC File No. 3—SAT—P/LA—96, at 7—8. In fact, Columbia‘s current authorization to use the TDRSS satellite at 41° W.L. was accepted and processed to grant pursuant to a waiver of the freeze granted for precisely these reasons. See Columbia, 7 FCC Red at 123. The use proposed by this STA request is identical to the use approved then in that it will permit utilization of idle, in—orbit capacity, increase competitive options for satellite users, and infuse significant funds into the U.S. Treasury through the contractual arrangement with NASA. Accordingly, grant of a waiver is in the public interest and consistent with prior Commission decisions. 787157053096/09:00

60 wemse v meer n d o6 69 vee wer n n y w mm meed vti op w ww uw6 op p on we wb nb o9 LW L L Lx W LV |~ ou p Jud £42U1#% & VI._ CERTIFICATIONS Pursuant to Section 304 of the Communications Act (47 U.S.C. § 304), Columbia waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwige. The undersigned certifics individually and for Columbia that the statements made in this application are true, and correct to the best of his knowledge and belief, and are made in good faith. The undersigned also certifies that neither Columbia nor any party to this application is subject to denial of federal benefits pursuant to Section 5301 of the Anti— Drug Abuse Act of 1988, 21 U.S.C. § 862. Respectfully submitted, COLUMBIA COMMUNICATIONS CORP. . 7 May 30, 1996 By: /«K(_rece. Kenneth Gross Chief Operating Officer 78715/053096/09:00


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