Attachment request STA july 3 1

This document pretains to SAT-STA-19960703-00096 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA1996070300096_1157643

FEDERAL COMMUNICATIONS COMMISSION _ Approved by OMB 3060—0589 FCC REMITIANCE ADVICE Expires 228/97 pace no. _1 or 1 (RESERVED) SPECIAL USE { ECmErion JUL 0 3 1996 lotSAT 30— lp 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) 121 5 1 2 LA L ETE C T® L812 IL_ T L 1t 1J F CC sSS (3) PAYOR NAME (If paying by credit card, enter name exactly as it appears on your card) Columbia Communications Corporation (4) STREET ADDRESS LINE N | 006 c/% Levent IF Senter & Lerman UL 1 1 1996 5) ST A.Q,D ESS LINE NO. 2 6 %’% Etreet NW, Suite 600 6) CI (7) STATE 8) ZIP CODE 8 ’Washington DC is 20006 (9) DAYTIME TELEPHONE NUMBER (Include area code) (10) COUNTRY CODE (if not U.S.A.) 202—429—8970 ITEM #1 INFORMATION (114) NAME OF APPLICANT, LICENSEE, REGULATEE, OR DEBTOR FCC USE ONLY Columbia Communications Corporation (12A) FCC CALL SIGN/OTHER ID (13A) ZIP CODE (14A) PAYMENT TYPE CODE (15A) QUANTITY (16A) FEE DUE FOR C R Y 1 §$575 (17A) 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 FCC USE ONLY (12B) FCC CALL SIGN/OTHER ID (18B) ZIP CODE (14B) PAYMENT TYPE CODE (15B) QUANTITY (16B) EB DUE 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 h croprt cans Payvent nwrormamo (22) MASTERCARD/VISA ACCOUNT NUMBER: []] Mastercard EXPIRATION DATE: D Visa Month Yoar AUTHORIZED SIGNATURE DATE (23) I hereby authorize the FCC to charge my VISA or Mastercard 1x for the service(s)/authorization(s) herein describe. See public burden estimate on reverse. FCC FORM 159 April 1994

ORIGINAL LAW OFFICES LEVENTHAL, SENTER 8 LERMAN sUITE 600 NORMAN P. LEVENTHAL 2000 K STREET, NW. TELEPHONE MEREDITH S. SENTER, JR. (202) 429—8970 STEVEN ALMAN LERMAN Washmcton, D.C. 20006—1809 RAUL R. RODRIGUEZ TELECOPIER DENNIS P. CORBETT (202) 293—7783 BRIAN M. MADDEN July 3, 1996 BARBARA K. GARDNER STEPHEN D. BARUCH Senior Communications SALLY A, BUCKMAN ConsULTANT NANCY L. woLF MORTON 1. HAMBURG DAVID 5. KEIR DEBORAH R. COLEMAN 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 BY COURIER Federal Communications Commission International Bureau — Satellites PO Box 358210 Pittsburgh, PA 15251—5210 RE: Request of Columbia Communications Corporation for Extension of Special Temporary Authority for the TDRS—4 Satellite at 41° W.L. To Whom It May Concern: Transmitted herewith on behalf of Columbia Communications Corporation are the original and two duplicates of its Request for extension of Special Temporary Authority ("STA") by which it seeks continuation of a previously granted STA suspending operating conditions for the TDRS—4 satellite. 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. Also enclosed is a copy of this filing stamped "Return Copy." Please date stamp this copy and return it to the courier delivering this package. Should there be any questions concerning this matter, please contact the undersigned counsel. Res lly submitted, David S. Keir DSK/vip Enclosures

ORIGINAL CoLumBiA COMMUNICATIONSCORPORATION 7200 Wisconsin Avenue, Suite 701 * Bethesoa, MaRyLanc 20814 TecepHone (301) 907—8800 * Facsimice (301) 907—2420 July 2, 1996 BY HAND Mr. William F. Caton Acting Secretary Federal Communications Commission 1919 M Street, Room 222 Washington, D.C. 20554 RE: Request of Columbia Communications Corporation for Extension of Special Temporary Authority for the TDRS—4 Satellite at 41° W.L. (File No. 95—SAT—STA—96) Dear Mr. Caton: Columbia Communications Corporation ("Columbia") hereby requests extension of the above—referenced grant of special temporary authority ("STA") for an additional 180 days pursuant to Section 25.119(b) of the FCC‘s rules. See 47 C.F.R. § 25.119(b) (1995). This authority was granted by the International Bureau on May 6, 1996 for an initial period of sixty days, with the stipulation that it would "be renewable for good causs shown at regular intervals" during the pendency offurther negotiations between Columbia and the International Telecommunications Satellite Organization ("Intelsat") concerning the future use of the orbital slot at 41° W.L. See Columbia Communications Corp., DA 96—703, slip op. at 9 (1] 19) (released May 6, 1996). ("STA Order") The STA is premised on two important considerations. First, the Bureau acted "to provide a public interest determination as to Columbia‘s continued operation at 41° W.L. absent other viable alternatives." STA Order at 8 (( 19). Second, it found that it was necessary "to send a clear signal to Intelsat that this matter is not closed and that the United States intends to pursue it to a successful conclusion." Id. The STA remains necessary for both of these reasons, and grant of an extension is therefore appropriate at this time.

Mr. William F. Caton July 2, 1996 Page 2 With respect to the first point, Columbia‘s need for assurance that its authorization to operate the TDRS—4 capacity at 41° W.L. will not be automatically subordinated to Intelsat‘s proposed operation at 40.5° W.L. is no less urgent than it was when the STA was granted. See STA Order at 8 («f 18). Indeed, with each month that passes, the STA grows more important as a means of assuring Columbia‘s continued viability in the marketplace. For this reason, Columbia believes that the FCC should act expeditiously to modify Columbia‘s authorization on a permanent basis, as Columbia requested in its application filed May 21, 1996. See FCC File No. 116—SAT—ML—96. Moreover, it is a manifest necessity that the FCC continue to provide its support for the principle that the dispute over the 41° W.L. orbital location must be decided fairly through negotiation and application of neutral International Telecommunications Union procedures, with the object of accommodating the needs of both parties. See, e.g., STA Order at 9 («] 20). Currently, Intelsat remains wedded to a strategy of protecting only its own interests, asserting that it has no obligation to pursue a compromise that could allow both it and Columbia to operate satellite facilities in the Atlantic. See Letter from Claudio Burgio, Vice President Engineering, Intelsat, to Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, FCC, dated June 12, 1996. Given the fact that the extended satellite life of the TDRS—4 satellite should allow Columbia to provide service at least through the year 2001, as well as the fact that Intelsat now proposes to use a different satellite at 40.5° W.L., the circumstances of both parties have changed substantially since the 1991 consultation agreement was concluded. Accordingly, Intelsat‘s assertion that the 1991 consultation remains fully operative does not withstand scrutiny, and it is appropriate for the FCC to continue using the authority it has over U.S. licensing to encourage Intelsat to work toward a solution that will serve the public interest. See STA Order at 9 (« 21). Finally, inasmuch as Columbia has now filed its application for permanent modification of its authorization, the FCC is not now constrained by the restriction in Section 309(c)(2)(G) limiting STA grants to a period of sixty days "pending the filing of an application for .. . regular operation." 47 U.S.C. §309(c)(2)(G). Accordingly, Columbia requests that this STA be extended for a period of 180 days consistent with the Commission‘s rules. See 47 C.FR. § 25.119(b) (1995). The undersigned hereby certifies individually and on behalf of Columbia that the foregoing statements are true, complete and accurate to the best of his knowledge and belief, and are made in good faith. The undersigned further certifies that neither Columbia nor any party to

Mr, William F. Caton July 2, 1996 Page 3 this applicationis subject to denial of federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988 (22 U.S.C. § 862). Respectfully submitted, feilDo« Kenneth Gross Chief Operating Officer ce: Donald D. Wear, Jr., Esq. (by mail) Bert W. Rein, Esq. (by mail) Donald H. Gips (by hand) James L. Ball (by hand) Thomas S. Tycz (by hand)


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Document Modified: 2016-11-03 14:29:14
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