Attachment application.pdf

This document pretains to SAT-WAV-19960202-00015 for Waiver on a Satellite Space Stations filing.

IBFS_SATWAV1996020200015_1162784

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


In the Matter of Application of

PANAMSAT LICENSEE CORP.                                          File No. 9—SAT—P/LA—96

Amendment to Application For Authority
to Construct, Launch, and Operate a
Satellite in its Communications Satellite
System


                                       AMENDMENT

      PanAmSat Licensee Corp. ("PanAmSat") hereby amends its above—
captioned application to reflect a change in the ownership of PanAmSat‘s parent
company. The Commission consented to this ownership change when it granted
various associated assignment of license and transfer of control applications.! In
connection with this consent, the Commission also, pursuant to Section
25.116(c)(2) of its rules, granted a cut—off waiver so that the above—captioned
application and other applications could continue to be processed without being
considered to be newly filed.2

       It is hereby certified that neither PanAmSat nor any party to this
amendment is subject to a denial of federal benefits pursuant to Section 5301 of
the Anti—drug Abuse Act of 1988, 21 U.S.C. § 853a.


                                                 Respectfully submitted,

                                                 PANAMSAT LICENSEE CORP.



                                         By:

                                                 Senior Vice President, General Counsel,
                                                 and Secretary

Date:      /’/l 3/“7

1 Hughes Communications, Inc. and Affiliated Companies, FCC 97—121 (Apr. 4,1997).
2 1d. at T 8.


 FCC 312                                                                                                   —                                       Appovatyoun FCC Use Only
 Main Form                                                              Est. Avg.Burden He                                                                               File Number:
                          FEDERAL COMMUNICATIONS COMMISSION             Per Response: 10 Hrs.
            APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS                                                                                             Call Sign:

                                                                                   PAYOR AND FILING FEE INFORMATION
a. Payor Name                                                                                                                                                           b. Day\ime#'f‘clcphone Number
        PanAmSat Corporation                                                                                                                                                 (203) 622 6664
c. Mailing Street Address or P.O. Box                                                                                                                                   d. FCC Account Number
          One Pickwick Plaza                                                                                                                                                   0954607698

e. City                                                                                                         £. State         g. Zip Code        ‘                   h. Country Code (if not U.S.A.)
          Greenwich                                                                                                 CT              06830
1. Paymenfiypc Code                j, Quantity                       k. Fee Due for Payment Type Code in (i)     1. Total Amount Paid               FCC Use Only
          CWY                         |          1                             $1,215.00                               $1,215.00


                                                                                              APPLICANT INFORMATION
1. Legal Name of Applicant                                                                                                                                              2. Voice Telephone Number
          PanAmSat Corporation                                                                       i                                                                        (203) 622 6664
3. Other Name Used for Doing Business (if any)                                                                                                                          4. Fax Telephone Number
                                                                                                                                                                              (203) 622 9163
5. Mailing Street Address or P.OQ. Box                                                                                                         6. City
                    .        .                        '                                                                                                       Greenwich
          One Pickwick Plaza                                                                                                                   7. State / Country (if not U.S.A)              & Zip Code
   ATTENTION:        James W. Cuminale, Esq.                                                                                                              CT                                     06830
9. Name of Contact Representative (If other than applicant)                                                                                                             10. Voice Telephone Number
       Joseph A. Godles, Esq.                                                                                                                                                 (202) 429 4900
11. Firm or Company Name                                                                                                                                                12. Fax Telephone Number
       Goldberg, Godles, Wiener & Wright                                                                                                                                      (202) 429 4912
13. Mailing Street Address or P.O. Box                                                                                                         14. City

          1229 19th Street NW                                                                                                                                  Wwashington                          .
                                                                                                                                               15. State / Country (if not U.S.A)              16. Zip Code
  ATTENTION:                                                                                                                                                   DC                                  20036


                                                                                             CLASSIFICATION OF FILING
17. Place an "X" in the box next to the classification that applies to this filing for both questions a. and b. Mark only one box for 17a and only one box for 17b.
                          i                 bi. Application for License of New Statio:          b4. Modification of License
          D al. Earth Station             D b2 App;ca -on f " R .n lon          of N   "                   or Registration
                                               . Application for Registration of New            b5. Assignment of License                 (Bear           ;           chear
              22. Space Station                           Domestic Receive—Only Station    C             * or Registration [_] b7. Notification of Minor Modification
                |                          X] b3. Amendment to a Pending Application            b6. License      Control of
                                                                                                    TransferorofRegistration          .                       ify):
                                  |                men              ns APP                 D                                   D b8. Other (Please Specify)
18. If this filing is in reference to an existing station, enter:                                                      19. If this filing is an amendment to a pending application enter:
     Call sign of station:                                                                                                 (a) Date pending application was filed:                      (b) File number of peading application:

                                                                                                                                  10/10/95                                                     9—SAT—P/LA—96

                                                                                                                                                                                                          FCC 312, Main Form — Page 1
                                                                                                                                                                                                                            Anril 1407


                                                                                                     TYPE OF SERVICE
20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Place an "X" in the box(es) next to all that apply.
[XX] a. Fixed Satellite [__] b. Mobile Satellite [__] c. Radiodetermination Satellite [_~] d. Earth Exploration Satellite [__] e. Other
                                                                                                                               (please specify)


21. STATUS:         Place an "X" in the box next to the applicable status. Mark only one box.              ‘               22. If earth station applicant, place an "X" in the box(es) next to all that apply.
      D a. Common Carrier                            b. Non—Common Carrier                                                 —     D a. Using U.S. licensed satellites      D b. Using Non—U.S. licensed satellites          n/a



23. If applicant is providing INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Mark only one box. Are these facilities:
      D a. Connected to the Public Switched Network                                                  D b. Not connected to the Public Switched Network


24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s).
           a. C—Band (4/6 GHz) .                                                                                       >
           b. Ku—Band (12/14 GHz) [__] c. Other (Please specify)
                                                                                                     TYPE OF STATION
25. CLASS OF STATION: Place an "X" in the box next to the class of station that applies. Mark only one box.
            i
      D a. Fixed           i                         i             i                                                                              ati
                                                                                                                                        q Earth Station                          ;            £, Other
                 Earth Station      D b. Temporary—Fixed Earth Station            D c. 12/14 GHz VSAT Network                  D d. Mobile                          e. Space Station     D (Specify)
  If space station applicant, go to Question 27.
26. TYPE OF EARTH STATION FACILITY Mark only one box.
      [_] a Transmit/Receive    [__] b. Transmit—Only                                    [_] c. Receive—Only                                 n/a

                                                                            PURPOSE OF MODIFICATION OR AMENDMENT
27. The purpose of this proposed modification or amendment is to:         Place an "X" in the box(es) next to all that apply.
                                                                      a —— authorization to add new emission designator and related service
                                                                      b —— authorization to change emission designator and related service
                                                                      c —— authorization to increase EIRP and EIRP density
                                                           Iml[1[1|




                                                                      d —— authorization to replace antenna
                                                                      e —— authorization to add antenna
                                                                      f —— authorization to relocate fixed station
                                                                      g —— authorization to change assigned frequency(ies)
                                                                      h —— authorization to add Points of Communication (satellites & countries)
                                                                      i —— authorization to change Points of Communication (satellites & countries)
                                                                      j —— authorization for facilities for which environmental assessment and radiation hazard reporting is required
                                                                      k —— Other (Please Specify)
                                                                                                        Ownership change

                                                                                             ENVIRONMENTAL POLICY
28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307?                           .                  YES              x| NO
If YES, submit the statement as requlyn:d by Sections l.lpfi)B and 1.1311 of the Commission‘s rules, 47 C.F.R. §§ 1.1308 and 1.1311, a)s/ Exhibit A to this application.                    D
A Radiation Hazard Study must accompany all applications as Exhibit B for new transmitting facilities, major modifications, or major amendments. Refer to OET Bulletin 65.


                                                                                                                                                                                                           FCC 312, Main Form — Page 2
                                                                                                                                                                                                                            Ameil   1007


                                                                                     ALIEN OWNERSHIP
29. Is the applicant a foreign government or the representative of any foreign government?                                                                   D YES                       NO

30. Is the applicant an alien or the representative of an alien?                                                                                             [_]ves                      NO

31. Is the applicant a corporation organized under the laws of any foreign goverfimem?                                                                        D YES                       NO

32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or                                                   [—] ¥eEs                    NO
    voted by aliens or their representatives or by aforeign government or representative thereof or by any
    corporation organized under the laws of a foreign country?
33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than
    one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign                                            [] ves                      No
    government or representative thereof or by any corporation organized under the laws of a foreign country?
34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as Exhibit C an idenfification of the aliens or foreign
    entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.                                                    n/a


                                                                       BASIC QUALIFICATIONS
35. Does the applicant request any waivers or exemptions from any of the Commission‘s Rules?                                                                 [] ves                      NO
    If Yes, attach as Exhibit D, copies of the requests for waivers or exceptions with supporting documents.                                                                       (*]
36. Has the applicant or any party to this application had any FCC station authorization or license revoked or had
    any application for an initial, modification or renewal of FCC station authorization, license, or construction                                           [] ves                      No
    permit denied by the Commission? If Yes, attach as Exhibit E, an explanation of the circumstances.
37. Has the applicant, or any party to this application, or any party directly or indirectly controlling the
    applicant ever been convicted of a felony by any state or federal court?                                           See Exhibit A.                             YES              D No
38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty of unlawfully                       D YES                       No
    monopolizing or attempting unlawfully to monopolize radio communication, directly or indirectly, through control of                                                             X
    manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?
39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending                                                 &
    matter referred to in the preceeding two items?                                                                                                          [] ves                      NO
40. By checking Yes, the undersigned certifies, that neither the applicant nor any other party to the application is subject to a denial of                       ¥ESs             C no
    Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because                         *
    of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.

41. Description. (Summarize the nature of the application and the services to be provided).


      N/A —— Ownership change only




                                                                                                                                                                             FCC 312, Main Form— Page 3
                                                                                                                                                                                              & ncil   1007


                                                                                  CERTIFICATION
   The Applicant 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 otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this
   application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof
   and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this
   application and in all attached exhibits are true, complete and correctto the best of his or her knowledge and belief, and are made in good faith.
42. Applicant is a (an):        (Place an "X" in the box next to applicable response.)
 [_] a. Individual      [_] b. Unincorporated Association [__| c. Partnership [yQ d. Corporation [_] e. Governmental Entity [_] £.(Please
                                                                                                                                    Other specify)
43. Typed Name of Person Signing                                                                       44. Title of Person Signing

         James W. Cuminale

45. Signature
                                     7   7        /)                                                        Senior Vice President

                                                                                                                                             46. Date

                           A                                                                                                                     \/747
       WILLEFUL F                  E ST.     MENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
       gus. Code,              Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47,
         ection 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




                                                                                                                                                              FCC 312, Main Form — Page 4
                                                                                                                                                                               Avnril   1007


PanAmSat Corporation                                           Exhibit A
                                                               ECC Form 312


       Hughes Electronics Corporation ("HE"), an aerospace, electronics
manufacturing, and satellite communications company, indirectly owns over
70% of the issued and outstanding stock of PanAmSat Corporation
("PanAmSat"). HE Holdings, Inc. ("HEH"), a wholly—owned subsidiary of HE
formerly known as Hughes Aircraft Company, pled guilty to two felony counts
in 1990. The full details of this matter are included in a Form 430 for Hughes
Communications Galaxy, Inc., dated August 19, 1991.
       On June 15, 1992, HEH was found guilty of one felony count with regard
to the testing of microelectronics components. The full details of this matter are
included in a Form 430 for Hughes Communications Galaxy, Inc., dated August
12, 1992.
       The conduct at issue in these two cases has no relevance to the ECC
authorizations and applications of PanAmSat. HE had no ownership interest in
the PanAmSat system when the conduct occurred at HEH. Moreover, conduct in
these matters is wholly unrelated to the communications area and does not

reflect in any way upon the FCC—related activity of PanAmSat, whose operations
are largely independent of HEH.



Document Created: 2016-12-28 17:21:03
Document Modified: 2016-12-28 17:21:03

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