Attachment application.pdf

application.pdf

APPLICATION submitted by GE American

application

1996-07-23

This document pretains to SAT-STA-19960723-00101 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA1996072300101_1157962

                                                                                        FEDERAL COMMUNICATIONS COMMISSION
                                                                                                                                      ORIGINAL         Approved by OXN:
                                                                                                                                                          3060—0589
                                                                                FCC REMITMANCE ADVICE                                                   Emres 2zass«
                                                                                                                       pagE xo __L or _1
                                (RESERVED)        . _                                     ~        [SPECIAL UsE
                                                                                                       reemeuLon                        JUL 23 199

                                                                                                   FCC USE ONLY


              (Read instructions carefully BEFORE proceeding.)                                                                              3 _

   =                                                            PAYOR INFORMATION|
 (1) FCC ACCOUNT NUMBER                                 Did you have a number prior to this? Enter it.                 (2) TOTAL AMOUNT PAID (dollars and cents)

 Lolili1z|&ls Is Is Is Is                                  I [       _1   I !       | J         I| |           |        s                   AUC_ 0575198600
 (3) PAYOR NAME (If paying by credit card, enter name exactly as it appears on your card)
                                                                                                                                             uB        ,3,,’    e
    GE American Communications,
                                Inc.                                                                                                  Sateillfie Policy Brancl
             :            :   s
 4) STREET ADDRESS LINE NO. 1
    Four Research Way
 5) STREET AbDRESS LNE No. 2                                                                               |          VSA’TETA                         @
 «6 CITY                                                                                            (7) STATE                (8) ZIP CODE
     Princeton                                                                                         NJ                         08540—6684
 (2) DAYTIME TELEPHONE NUMBER (Include area code)                                                   (10) COUNTRY CODE (if not U.S.A.)
        (609)     987—4000
                                                                 ITEM #1 INFORMATION
 (11A) NAME OF APPLICANT, LICENSEE, REGULATEE, OR DEBTOR                                                                    FCC USE ONLY

        CE American Communications, Inc.
 (12A) FCC CALL SIGN/OTHER ID                     (13A) ZIP CODE                  (14A) PAYMENT TYPE CODE                   (15A) QUANTITY        (16A) FEE DUE FOR
                                                                                                                                                  mvm'nrri: CopE
        GE—1                                      08540—6684                        C          R     ¥                           1                $ 575.00
© (17¥) 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


 (128B) FCC CALL SIGN/OTHER ID                    (13B) ZIP CODE                   (14B) PAYMENT TYPE CODE                  (15B) QUANTITY        (16B) FEE DUE FOR
                                                                                                                                                  PAYMENTTYPE CODE
                                                                                                                                                  TN BLOCK 14
                                £                                                                                                                 $
 (178B) FCC CODE 1                                                                 (18B) FCC CODE 2



 (19B) ADDRESS LINE NO. 1                         (20B) ADDRESS LINE NO. 2                                         (218) CITYSTATE OR COUNTRY CODE




                                                 CREDIT CARD PAYMENT nFormanoxmm
 (22)     +                  MASTERCARD/VISA ACCOUNT NUMBER:                                           '

 [D] Mastercard                                                                         EXPIRATION DATE:
 D      Vize             £                                                                                               Month       Your
                   *                                                                          AUTHORIZED SIGNATURE                                 DATE
 (23) 1 hereby authorize the FCC to charge my VISA or Mastercard
        ns the asrvice(avanthorization(a) herain describe.


                                                                                                          ORIGINAL
                                            HOGAN & HARITSON
                                                              LLP


                                                                                                           COLUMBIA SQUARE
                                                                                                       555 THIRTEENTH STREET, NW

Writer‘s Direct Dial                                                                                   WaASHINGTON, DC 20004—1109
  (202) 637—5767                                                                                           TEL (202) 687—5600
                                                                                                           FAX (202) 637—5910

                                                          July 23, 1996


BY COURIER

Mr. William F. Caton
Secretary
Federal Communications Commission
International Bureau — Satellites
P.O. Box 358210
Pittsburgh, PA 15251—5210

                        Re:        Request of GE American Communications, Inc. for
                                   Special Temporary Authority Extending Construction
                                   and Launch Authorization for GE—1

Dear Mr. Caton:

                        GE American Communications, Inc. ((GE Americom"), by its attorneys
and pursuant to Section 25.119 of the Commission‘s Rules, 47 C.F.R. § 25.119,
hereby requests special temporary authority extending the construction and launch
authorization for GE Americom‘s GE—1 satellite. The underlying request for
modification of the GE—1 authorization to extend the construction and launch
deadlines was filed on July 1, and a copy of that filing is attached. See File No. 135—
SAT—MP/ML—96 (the "Modification Request"). However, immediate Commission
action granting special temporary authority is needed because the GE—1 launch is
currently scheduled for August 20.

                        As the Modification Request explains in greater detail, extension of
GE—1‘s construction and launch deadlines will serve the public interest by ensuring
efficient use of orbital resources and facilitating a smooth transition of traffic. The
slot assigned to GE—1 is 103° W.L., which is currently occupied by GSTAR L.+

1  GSTAR I is licensed to GE American Communications Satellites, Inc., a wholly—
owned subsidiary of GE Americom.



                                          BRUSSELS LONDON: Moscow: Paris® rracU® warsaw
                               BALTIMORE, MD BETHESDA, MD COLORADO SPRINGS, CO DENVER, CO McLEAN, VA
MsiDo — aoreant — 0817175.01
                                                            *Affliated Office


HOGAN & HARTSON L.ur

 Mr. William F. Caton
 July 23, 1996
 Page 2


Although GSTAR I is beyond its license term, it is still operating pursuant to
special temporary authority. Meanwhile, the construction and launch of GE—1 have
been delayed due to events beyond GE Americom‘s control. However, GE Americom
has been advised by GE—1‘s manufacturer that the satellite should be completed
shortly, and launch is scheduled on August 20.

              Prompt grant of special temporary authority is necessary to permit
preparations for launch to continue as planned. Accordingly, GE Americom
respectfully requests special temporary authority extending the construction and
launch authorization for GE—1 as specified in the Modification Request.

             A check for $575 to cover the applicable filing fee, a completed Form
159 and a certification regarding the Anti—Drug Abuse Act of 1988 are attached.
Please address any questions concerning this request to the undersigned.

                                              Respectfully submitted,
                                                                  /   o_
                                               y//<;—~;._ ’/-‘;/ &32__

                                              Karis A. Hastings
                                              Counsel for GE American
                                              Communications, Inc.


Enclosures

cc:         Columbia, Maryland Field Office
            Fern Jarmulnek
            Kathleen Campbell
            Michael McCoin




ANNDG — 8076471 . 0817175.01


: Ronnie Kilkeary                                   From: Karis Hastings                 iC ki we   on



                                                                                                         ORIGINAL

                                              ANTI—DRUG CERTIFICATION


                                   GE American Communications, Inc. hereby certifies that no party to
          the foregoing application is subject to a denial of federal benefits pursuant to § 5301
          of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 853a.


                                                              GE AMERICAN.COMMUNICATIONS, INC.




          Dated:_July 22, 1996




           ANDC . sorealt — 0017176 01


                                                                                                               wAE staup COPY

                                                    HOGAN & HARTSON
                                                                      LLP                                     y 92 1996

                                                                                    'i                           COLUMBIA SQUARE
                                                                                         t                   555 THIRTEENTH STREET, NW
 PETER A. ROHRBACH                                                                                           WASHINGTON, DC 20004—1109
       PARTNER
DIRECT DIAL (202) G37—8631                                                                                       TEL (202) 637—5600
                                                                  July 1, 1996                                   FAX (202) 637—5910
                                                                           >




         BY FEDERAL EXPRESS

         Mr. William F. Caton
         Acting Secretary
         Federal Communications Commission
         International Bureau — Satellites
         P.O. Box 358210
         Pittsburgh, PA 15251—5210

                                 Re:        Request for extension of construction permit and launch
                                           authorization for GE—I

         Dear Mr. Caton:

                                 Enclosed on behalf of GE American Communications, Inc. is an
         application on Form 701 for extension of the construction and launch authorization
         for the GE—I satellite. Also included are a completed Form 159 and a check for $575
         to cover the applicable filing fee.

                _      The enclosed filing also addresses a related request on behalf of
         GE American Communications Satellites, Inc. for special temporary authority to
         continue operations on the GSTAR I satellite and to operate that satellite in
         inclined orbit. For fee purposes, however, the GSTAR I STA request is being filed
         under separate cover.




                                                 BRUSSELS LONBON MOSCOW PARIS® PRAGUE WARSAW
                                        BALTIMORE, MD BETHESDA, MD COLORADOSPRINGS,CO DENVER,CO McLFAN, VA
         \\\DC — 3076471 — 0804922.01                               *Affiliated Office


HOGAN & HARTSON 1L.ur

  Mr. William F. Caton
  July 1, 1996
  Page 2


              Please date—stamp and return a copy of the enclosed filing in the
  postage—prepaid evelope provided.

                                               Respectfully submitted,

                                                @m&i.w%g
                                              Peter A. Rohrbach




  Enclosures

 ce:         Fern J. Jarmulnek
             Michael A. McCoin




\\\DC — 8076471 — 0804922.01


   {                                                                                      FEDERAL COMMUNICATIONS COMMISSION                                      Approved by OMB
                                                                                                                                                                    3060—0589
                                                                                     FCC REMITIANCE ADVICE                                                        sxpres 229
                                                                                                                              pace wno.       _1     or     _i
                            (RESERVED)         ~ol                                               '         SPECIAL USE




                                                                                                           FCC USE ONLY

  ~\_                                                                   _/
           (Read instructions carefully BEFORE proceeding.)


  (1 ; FCC ACCOUNT NUMBER                            Did you have a number prior to this? Enterit.                            (2) TOTAL AMOUNT PAID (dollars and cents)

 Lo |i]s ]2]s [a [o |o [s [s                            [     [     |        |   |    |      [         [     |        [        s                            575 e 00
 (3) PAYOR NAME (If paying by credit card, enter name exactly as it appears on your card)

        GE American Communications,              Inc.
 (4) STREET ADDRESS LINE NO. 1
        Four Research Way
 (5) STREET ADDRESS LINE NO. 2

 (6) CITY                                                                                                   (7) STATE               (8) ZIP CODE
        Princeton                                                                                                    NJ                 08540—6684
 (9) DAYTIME TELEPHONE NUMBER (Include area code)                                                           (10) COUNTRY CODE (if not U.S.A.)
      (609) 987—4000
                                                                  ITEM #1 INFORMATION
 (11A) NAME OF APPLICANT, LICENSEE, REGULATEE, OR DEBTOR                                                                           FCC USE ONLY

        CE American Communications, Inc.

 (12A) FCC CALL SIGN/OTHER ID                  (13A) ZIP CODE                        (144) PAYMENT TYPE CODE                       (15A) QUANTITY         (16A) FEE DUE FOR

        CE—I                                   08540—6684                             c               ro     |yv                          1               $ 575.00
— (I7A¥) FCC CODE 1                                                                  (18A4) FCC CODE 2



 (19A) ADDRESS LINE NO. 1                      (20A) ADDRESS LINE NO. 2)                                              | (212) CITYSTATE OR COUNTRY CODE



                                                              ITEM #2 INFORMATION
 {11B) NAME OF APPLICANT, LICENSEE, REGULATEE, OR DEBTOR                                                                           FCC USE ONLY


 (12B) FCC CALL SIGN/OTHER ID                  (13B) ZIP CODE                         (14B) PAYMENT TYPE CODE                      |(15B) QUANTITY        |(16B)FEEDUE FOR
                                                                                                                                                          PAYMENT TYPE CODE
                                                                                                                                                          IN BLOCK 14
                                                                                                                                                          $
 (178B) FCC CODE 1                                                                    (18B) FCC CODE 2



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




 i creor carp pearvent mrorvaro~ Mn
 (22)                    MASTERCARD/VISA ACCOUNT NUMBER:                                                         '

 [Q] Mastercard                                                                             EXPIRATION DATE:
 D      Visa                                                                                                                    Month         Year

                                                                                                     AUTHORIZED SIGNATURE                                  DATE
 (23) .I hereby authorize the FCC to charge my VISA or Mastercard                     car
      for the service(s)/authorization(s) herein describe.


             JUN 28 ‘9%6         @1:04PM H & Ho        1iiw 109
                                                                                                                                    T. Je u25




 Fee 701           FEDERA. COMMUNICATIDNS COMMISSION                       Approved by OMS        FGE LUSE ONLY
                                  Washington, D.C. 20554                    3080—00 12
                                                                          Expires 03/31/07—
                                                              Seo reverse side for information
                                                              regarding public burden estimate.


       APPLICATION FOR ADDITIONAL TIME TO CONSTRUCT
                    A RADIO STATION
                        (Under 47 CFR Parts 21, 23 ang 25)
                                                                                                   File Number
          READ INSTRUCTIONS AND NOTICE ON BACK BEFORE COMPLETNG

 1. Lega) Name of Applicant (If person list last name first)

       GE American          Communications,                  Inc.

   Maillng Strest Agdress or P.O. Box, Ciy, State and ZIP Code                                     Call Sign or Other     {Area Code) Telephone No.
      Fourzr Research Way                                                                          FCC ieentifier
      Princeton, NJ            08540                                                                 GE—I                  (609)     987—4000

 2. Foe Data. Rofer to 47 CFR Section 1.1106 or Common Carriee Services Fes Filing Guige for Information.            FCC Use Only
(a) Fea Type Code                (b) Fee Mufltiple (if required)   (c) Fee Due for Fese Type Code in 2(a)

       CRY                                 1                              $575.00
 3. laentification of Outstand       Construction Authori@ation
(a) File Number                     (b) Cail Sign                  (s) Frequency                  (d) Station Location
                                                                    C/Ku—band
                /ML—9
       54—DSS—MP/ML—                       GE—I
                                             «—                     hybrid  ,                        103      9
                                                                                                            degrees          .
                                                                                                                          W.L.

G(a) Has equipment been deliverad?                                 (1) From Whom Ordered (if no order has been            (2) Date Ordered
                                                                       placed, 5o Indicate)
                                                                                                                           See Exhibit 1
       {Q] ves             l no         If "NO." answer items .See Exhibit 1                                            . (3) Date Delivery Promiseqa
                                        (1) = (3)                                                                      | —See Exhibit 1
  (b) Has instaillation commencedg?                                                               (c) Esfi-namd date by which construction will be
                                        If "YES,." submit as Exhibt                                   compiated See Exhibit 1
       C] ves              [xlno         a gescription of the oextent of installation             5. Submit as Exhibit _____l___. ressoNs) why
                                        and the gate insiallation commenced.                  construction has noet been completed.
6. If this is a Domestle Public Fixed Radio Service (Part 21) sm.on, gSubmit as Exh@t                     a description of actions taken           to
    construct sranon‘ including dates. M / A
7. Are the representations contained in the application for construction authorization still true ang correct?
          YES            I !NO      f "NO," give particulars in Exhi_g_it_M" See Exhibit 1
8. CERTFICATION
    The applicant certifies that, in the case of an individual applicant, he or she is not subject to a damal o1 federal benemspursguant
    to section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. §53a, or, in the case of a nonindividual applicant (e.g., corpora—
    tion, partnership or other unincorporated sssociation), no party to the application is subject to a denial of federal benafits‘pursuam
    to that section. For the defintion of a "party" for these purposes, see 47 CFR 1.2002(b).
       E] ves              C no.
    The spplicant herebywaiwes Shy clain to the use of amy particular frequency or elgctromagnetic spectrum as againgt the regulatory
   power of the United States because of the previous use of the same, whether by license or otherwise, and requesis an authoriza~
   tion in accordance with this application, (See Section 304 of the Communications Act of 1934, as amended),
   The applicant represents that this application is not filed for the purpose of impeding, obs(rucung, or delaying astermination on ary
   othsr application with which it may be in conflict,
   The applicant acknowledges that all sistements made in this anp!mflon and atiached axhibits are considered material representations,
   snd that all the exhiblts are a material part hereof and aro incorporated herein as if set out in full in the application
   The undersigned certifilcs that the stetements in this applicetion sre true, complete and correcet to the best of his/her
   knowledge end beilef, and asre made in good falth,
Date                >                 Legs! Name of Applicant      .
         é/Q?/?é                      GE American Communications,                           Inc.
Titie of Porson ‘Signing              lifui
                                         False Statements Made on thisForm #e Punicha,                        7
                                     Itle 18, Seetion 1001 and/er Rovecetien of eny Stetion License        Construction Autheriatien (U.J
                                       de, Title 47, Section 312(eB, and/or FerfeKkwe (U,S. Cede, Title 47, Section 503).
V/O\LG.@\ fif‘v{    Cou«se//
Exhibits furnished as reguired by this form:
Exhibir No. 1                         %’J&% %gggm ;‘8{.05’“&3}/53 u%sb\éroparad gh(ozw which)            Official Title




                                                                                                                                                FCC 70
                                                                                                                                        MAREH 199


JUN 28 ‘96            @1:@5PM Ho& Ho 1iiw 109                        +                       F.lG/ ae.

                                                             GE American Communications, Inc.
                                                                                  FCC Form 701
                                                                                       Exhibit 1
                                                                                     Page 1 of 3


                                    DECLARATION OF PHILIP V. OTERO

                           I, Philip V. Otero, am Vice President and General Counsel of CE

  American Communications, Inc. (°GE Americom"). I am submitting this declaration

  in support of GE Americom‘s request for modification of its authorization to

  construct and launch the GE—1 satellite. I hereby declare under penalty of perjury

  that the following statements are true and correct to the best of my knowledge,

  information and belief.

                    1. GE Americom is authorized to construct and launch GE—1 to the

  103° W.L. position currently occupied by GSTARI. GE American Communications

 Satellites, Inc. (CGE Americom Satellites"), a wholly.—.owned subsidiary of

  GE Americom, is the licensee of GSTAR I. The original license for GSTAR I expired

 on June 7, 1995. However, GE Americom Satellites requested and was granted

 special temporary authority to continue to operate the satellite. GSTAR 1 is still

 operational and is providing service to customers.

               — 2. GE Americom entered into a contract with General Electric Company,

 Astro—Space Division, which now does business as Lockheed Martin Astrospace

 Commercial ("Lockheed Martin"), for the construction and launch of GE—1 on

 December 31, 1992. The original contract specified that construction of GE—1 would

 be completed by December 8$1, 1995, and that the satellite would be launched an&

 operational by March 31, 1996.




 \~\\DC . 807e4/L » 0301481.01


JUN 28 ©9%6 @1:05PM Ho & ho 1iiw 105                  |                                  P.iasie

                                                          GE American Communications, Inc.
                                                                               FCC Form 701
                                                                                     Exhibit 1
                                                                                   Page 2 of 3


                    8. GE Americom, howevexj, was subsequently advised by Lockheed

  Martin that it would be unable to meet the dates specified in the contract.

  Lockheed Martin now estimates that it will complete the construction of the

  satellite in the third quarter of this year and that it will be launched late in the

  third quarter. The satellite will comply with all material requirements of the

  authorization.

                   4. The delay in construction of GE—1 is the result of unforeseeable

 circumstances that were beyond the control of GE Americom. The contract for the

 satellite specified dates for completion of construction and launch of the satellite

 that were consistent with the authorization for the satellite. The manufacturer has

 failed to comply with that schedule. However, the manufacturer has advised

 GE Americom that the satellite will soon be completed and ready for launch.

                   5. Furthermore, modifying the authorized schedule for GE—1 is consistent

 with the public interest. GSTAR I is still operating pursuant to special temporary

 authorif&. Adjusting the construction completion and launch dates for GE—1 to

 correspond with the period of the STA extension being requested for GSTAR I will

 facilitate a seamless transition of customer traffic from GSTAR I to GE—1.

                   6. GE Americom requests that the Commission revise the schedule for

 GE—1 to provide for completion of construction no later than November 1996 and |

 launch no later than December 1996. Although GE Americom currently expects




 NN\BC — 80764/1 : 0801431.01


JUuN 26 ‘96 @i:@SPM H & ho        1iw 109                                             P.ie/ i2

                                                       GE American Communications, Inc.
                                                                         FCC Form 701
                                                                              Exbhibit 1
                                                                            Page 3 of 3


 that GE—1 will be operational by the end of the third quarter of 1996, this proposed

 schedule will ensure that no further action by the Commission will be required in

 this matter. In addition, the schedule coincides with the term of the STA extension

being sought for GSTAR I.

                  7. Accordingly, GE Americom respectfully requests that the schedule for

GE—1 be modified as specified herein.


Executed on June 28, 1996                          %’Z// MGE@%
                                                   Philip V./Otero




NW\DC — 807641 — 08O1481.01


JUN 28 ‘9%6         G@1:03PM h & o   liw 105         .                                                                               * e o__




                                      Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                Washington, D.C. 20554



 In the Matter of Application by




                                                                                                                Nes Nud
 GE AMERICAN COMMUNICATIONS                                                                                               File No.




                                                         Nt Nast Ned Nes Nud Suul! Nuut Nut Ned Nt Net No Ns Nt
 SATELLITES, INC.

 For Special Temporary Authority
 to Continue Operations on GSTAR I
 and to Operate GSTAR I
 in Inclined Orbit

 And Application by

 GE AMERICAN COMMUNICATIONS, INC.                                                                                         File No.

 For Modification of Authority for GE—1
 to Extend Construction and Launch Dates



            APPLICATIONS OF GE AMERICAN COMMUNICATIONS, INC.
            AND GE AMERICAN COMMUNICATIONS SATELLITES, INC.

                       By this application, GE American Communications Satellites, Inc.

 ("GE Americom Satellites") respectfully requests special temporary authority to

continue operations on its GSTAR I satellite and to operate that satellite in inclined

orbit. In addition, GE American Communications, Inc. ("GE Americom") seeks

modification of its authority to construct, launch and operate GE—1, the replacement

satellite for GSTAR I. 1/ Specifically, GE Americom requests that the dates for —

completion of construction and launch of GE—1 be extended briefly to conform to the


1/     GE Americom is the immediate parent company of GE Americom Satellites.



NNWBC + 807541 + 0299488.03


JuUN 26 ‘°S%6        @i:esmMm n & n   li» 107                                              Pu S ae




 STA for GSTAR I. Grant of these applications will serve the public interest by

 promoting efficient useof orbital resources and a smooth transition from GSTAR I

 to GE—1.


 1.                      EXTENSION OF STA FOR GSTAR I AND AUTHORITY
                         TO OPERATE GSTAR I IN INCLINED ORBIT
                         GSTAR I was placed into service at the 108° W.L. orbital location on

 June 7, 1985, with a ten—year license term that expired June 7, 1995. GE Americom

 Satellites requested special temporary authority to continue operating the satellite,

 and the International Bureau granted that request, extending the license period

 until January 7, 1996. 2/ GE Americom Satellites subsequently requested a six

 month extension of the STA throxigh July 7, 1996. 8/ The extension request was

unopposed.                                  |

                        GE Americom Satellites now requests special temporary authority to

continue operating GSTAR I for an additional six month period and to operate the

satellite in inclined orbit pending its replacement by GE—1. As described in further

detail below, the GE—1 spacecraft is currently expected to begin providing service in

the third quarter of 1996.

                        GE Americom Satellites seeks authority to operate GSTAR I in

inclined orbit to conserve its remaining fuel capacity, allowing continued operations

until GE—1 is ready for service. The inclination of the orbit will be minimal.



2/ See Letter of Thomas S. Tycz, File No. 112—SAT—STA—95 (September 29, 1995).

8/ See Letter of Kyle D. Dixon, File No. 58—SAT—S5TA—96 (January 11, 1996).


\\\DC » 8076471 — ©299482.03


JUN 26 ‘9%6 @1:B3PM h & ho iiw 105                 _                                           ce 22




  GE Americom Satellites estimates that by the end of the third quarter, when GE—1

  is expected to be in ser;rice, the orbit will be incjined by iess than half a degree.

  This small change in the orbit will not result in any increased interference to

  adjacent satellites. In any event, the satellites operating in the adjacent positions

 on either side of GSTAR I are also licensed to GE Americom Satellites, Satcom SN—4

 at 101° W.L., and GSTAR 4 at 105° W.L.

                          In inclined orbit GSTAR I will continue to be capable of providing

 reliable and affordable Ku—band service to many customers, including VSAT

 networks, shipping and delivery services, health care services, intercorporate

 communications services and video programmers. Granting special temporary

 authority for the licensee to operate GSTAR I for up to an additional six months

will serve the public interest because it will allow the licensee to continue serving

existing customers. Fui'ther. such authority will enable the licensee to provide a

seamless transition of customer traffic from GSTAR I to GE—1 when the latter

begins providing service at 108° W.L.

                         Accordingly, GE Americom Satellites respectfully requests that the

Commission grant special temporary authority for the licensee to continue

operating GSTAR I until January 7, 1997 and to operate the satellite in inclined

orbit during that period.


IL.                      MODIFICATION OF AUTHORITY FOR GE—1

                         To the extent necessary, GE Americom also seeks modification of the

construction completion and launch deadlines for GE—1. This modification will



NWWDC : 30780471 — 0959408.03


JUN 28 ‘%6 G1:@3PM H & ho             iiw 105    ,                                          e




 permit GE Americom to obtain the maximum use of GSTAR I before launching GE—

  1 to take its place.           C                        |        |

                         In 1992 GE Americom received authority for the GE—1 satellite to

 operate at 85° W.L. to serve as a replacement for GE Americom‘s Satcom K—1 and

 Satcom II—R satellites. 4/ At that time, the Commission also granted

 GE Americom‘s request to establish a schedule for construction and launch of the

 satellite "to conform to the anticipated end—of—life of Satcom K—1." JId. at 5170. §/

 The Commission specified January 1996 for completion of the satellite‘s

 construction and March 1996 for launch. Id. at 5170—5171.

                        In 1994 the Commission approved a modification of the GE—1

authorization, reassigning the satellite to the 103° W.L. orbital position currently

occupied by GSTAR I 6/. At the time, the expected end of life for GSTAR I was June

of 1995, when its original license was to expire. Accordingly, no modification of the

schedule for GE—1 was made when it became authorized to follow GSTAR I.

However, in fact GSTAR I‘s useful life has extended well beyond the end of its

licenseperiod, and the Commission has authorized continued operation of the

spacecraft at that location. As discussed above, GSTAR I continues to be

operational today, providing service to a broad range of customers.


4/ GEB American Communications, Inc. 7 FCC Red 5169 (1992).

5/ This authority came in the form of a modification of GE Americom‘s previous
authorization of the Satcom H—1 expansion satellite, deleting the expansion statuse
and making H—1 a new replacement authorization.

6/ GTE Spacenet Corporation & GE American Communications, Inc., 9 FCC Red
1271 (1994).


\\\DC » 80764/1 « 0259408.03


JUN 286 ‘%6 @1:@4PM h & ho 1liw 1805             ,                                      nae 2e




                         Meanwhile, there have been delays in the production of GE—1. The

 contract GE Americoz;z.entered into for the mxvafiufactuxl'é of GE—1 specified a delivery

 date of December 81, 1995, and required that the satellite be launched and

 operational no later than March of 1996. Unfortunately, the manufacturer has

 been unable to adhere to that schedule. GE Americom nevertheless hoped that

 GE—1 could be launched prior to the expiration of the current STA for GSTAR I.

 GE Americom has recently been advised by the manufacturer that GE—1 will be

 delivered in the third quarter of this year and launched late in the third quarter.

                         GE Americom therefore requests that when the Commission grants the

 next STA for GSTAR I, it also take any action necessary to modify the authorization

 for GE—1 to extend the construction completion and launch dates. As explained in

 the attached declaration, the delays in completion and launch of GE—1 are matters

beyond GE Americom‘s control. The satellite is now very near to completion and

will soon be ready for launch. Even with the delays, launch of the satellite will fall

well within the Commission‘s "five year rule" because the decision authorizing the

satellite was issued in July of 1992. Furthermore, extending the dates is

appropriate because GSTAR I, the satellite GE—1 is to replace, is still operational.

Accordingly, GE Americom submits that modification of the construction completion

and launch dates will serve the public interest. 7/


7/ GE Americom acknowledges that the GSTAR I STA allowing continued use of
108° W.L. by that spacecraft did not obviate the need for a separate request for
modification of the existing GE—1 milestone dates prior to this time. However, the
GE Americom staff member with primary responsibility for addressing such
matters left the company late last year, and as a result, need for any revision of the
construction and launch schedule for GE—1 was overlooked. GE Americom has

                                                     5
NA\DG — 8070471 « 0209488.03


JUN 26 ‘96 @1:G@4PM h & ho iiw 105                ;                                          Puul l



                           GE Americom requests that the Commission extend the satellite‘s

  schedule to require cc;zfiplefion of constructiofi 6f GE—1 ‘n‘o later than November 1996

 and launch no later than December 1996. As noted above, GE Americom is now

 being advised that the satellite should be delivered and launched well before then ——

 by the end of the third quarter. However, the proposed schedule will allow GE

 Americom to avoid the need for a subsequent modification request if there is minor

 additional delay. In addition, the proposegi schedule is consistent with the

 requested term of the extension of special temporary authority for GSTAR I. In

 accordance with the requirements of Section 25.117(e) of the Commission‘s Rules,

47 C.F.R. § 25.117(e), a completed Form 701 and accompanying declaration are

 attached.


                                              CONCLUSION

                         The special temporary authority for GSTAR I and the modification of

authorization for GE—1 described herein will permit the continued provision of

service to customers and facilitate the transition from GSTAR I to GE.—1.




taken prompt steps to discuss this matter with the Commission staff and file the
instant modification request since it became aware of this situation.



\~N\DC — 8078471 . 0299488.08


< . JUN 28 ‘96) @1:04PM h & ho iiw 105                                             Pas i2




     Accordingly, GE Americom Satellites and GE Americom respectfully request that

     the Commission grant the instant applications.        |

                                               Respectfully submitted,

                                              GE AMERICAN COMMUNICATIONS,
                                              INC.
                                              and
                                              GE AMERICAN COMMUNICATIONS
                                              SA7'ES, INC.


     Of Counsel                               By:y    /ééifl     2/%;

     Peter A. Rohrbach                        Philip V. Otero
     Karis A. Hastings         '              Vice President and General Counsel
     Hogan & Hartson L.L.P.                   GE American Communications
     555 Thirteenth Street, NW.               Satellites, Inc.
     Washington, D.C. 20004—1109              Four Research Way
     (202) 637—5600                  .        Princeton, NJ 08540

    June 28, 1996




    AMDC — sote4i . GzoBesg.as



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Document Modified: 2016-11-10 14:35:01

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