Attachment Commission ltr june

Commission ltr june

DECISION submitted by IB, FCC

Commission letter june 26 1996

1996-06-26

This document pretains to SAT-WAV-19960603-00078 for Waiver on a Satellite Space Stations filing.

IBFS_SATWAV1996060300078_1157616

                                     FEDERAL COMMUNICATIONS COMMISSION
                                            WASHINGTON, D.C. 20554
                                                    June 26, 1996

                                                                                     (202) 418—0420
INTERNATIONAL BUREAU                                                                 (202) 418—2818 (fax)



    Joseph A. Godles
    Goldberg, Godless, Weiner & Wright
    1229 Nineteenth Street, N.W.
    Washington, D.C.      20036

    Re:       Request for Section 319(d) waiver, PanAmSat Licensee Corp.
              PAS—5 Communications Satellite (319(d) Waiver File No. 122—SAT—WAIV—96)

    Dear Mr. Godles:

    This is in response to your request for a waiver of Section 319(d) of the Communications Act,
    47 U.S.C. § 319(d), to permit PanAmSat Licensee Corp. (PanAmSat) to expend up to $160 million to
    begin construction of its proposed PAS—5 fixed—service communications satellite.

    PanAmSat filed an application to construct, launch and operate its proposed PAS—5 satellite on
    November 8, 1990 (see File No. CSS—91—004). PanAmSat proposes to operate the PAS—5 satellite at
    194° W.L. in the Pacific Ocean Region. The PAS—5 satellite will operate in the C— and Ku—bands
    with satellite coverage areas to include Alaska, Hawaii, East Asia and the Pacific Basin. PanAmSat
    asserts in order to bring PAS—9 into service in a timely and efficient manner, it will be required to
    expend up to $160 million for construction and prelaunch services. PanAmSat recognizes that grant
    of this waiver would be without prejudice to final Commission action on its underlying applications
    and that any expenditures will be made at its own risk. No oppositions or comments were filed.

    We grant PanAmSat‘s request with respect to the space station facilities proposed in File No. CSS—91—
    004. We emphasize that expenditures made pursuant to this waiver prior to Commission action on
    the underlying application are at PanAmSat‘s own risk, and that grant of this waiver in no way
    prejudges any action the Commission might take on PanAmSat‘s application for authority to
    construct, launch and operate its PAS—5 satellite.

    Accordingly, pursuant to Section 0.261 of the Commission‘s rules on delegations of authority,
    47 C.F.R. § 0.261, PanAmSat Licenee Corp. is granted a waiver pursuant to Section 319(d) of the
    Communications Act, 47 U.S.C. § 319(d), to expend up to $160 million to commence construction of
    its PAS—5 satellite, at its own risk.

                                                          Sincerely   yours,



                                                         {AY—A/ >
                                                           Donald H. Gips
                                                          Bureau Chief



Document Created: 2016-11-03 10:57:36
Document Modified: 2016-11-03 10:57:36

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