Attachment application.pdf

This document pretains to SAT-WAV-19960802-00102 for Waiver on a Satellite Space Stations filing.

IBFS_SATWAV1996080200102_1157965

/ FEDERAL COMMUNICATIONS COMMISSION Apptoved hy OMB }060—9559 fiT(é ITTANCE ADVICE Expires 2 23 97 O pace o. _ L_ or (RESERVED) SPECIAL USE ECC/MELLON AUG 0 21996 FCC USE ONLY (Read instructions carefully BEFORE proceeding.) PAYOR INFORMATION (1) FCC ACCOUNT NUMBER Did you have a numberprior to this? Enter it. (2) TOTAL AMOUNT PAID dollars and cents) Lole [ o lo [ 213| 7le6 le [a 1 | | 1 | |I L _| L _| s575.00 (3) PAYOR NAME (If paying by credit card, enter name exactly as it appears on your card) AUt 1 £ 1779 Columbia Commuications Corporation 4 Hhe e (4) STREET ADDRESS LINE NO. 1 T nremaln c/o Leventhal, Senter & Lerman (5) STREET ADDRESS LINE NO. 2 2000 K Street, N.W., Suite 600 (6) CITY _ (7) STATE (8) ZIP CODE Washington B.C. 20006 (9) DAYTIME TELEPHONE NUMBER (Include area code) (10) COUNTRY CODE «if not U.S.A.) (202) 429—8970 ITEM #1 INFORMATION )46 SA WA¥ (11A) NAME OF APPLICANT, LICENSEE, REGULATEE, OR DEBTOR FCC USéNT.Y ]_ Columbia Communications Commission (12A) FCC CALL SIGN/OTHER ID (13) ZIP CODE (144) PAYMENT TYPE CODE (15A) QUANTITY (164) FEE DUE For 9 4 C R Y / §$575.00 (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 (ISB; FCC CaLL sIGNoTHER iD Ti3B) ZIP CobE TLiB) PAVMENT TYPE cobE (13B) qUANTITY |16B) FEE DUE FoR PAYMENT TYPE CODE IN BLock is $ [17B) FCC coDE i T1sB) FCC coDE 2 (19B) ADDRESS LINE NO. 1 T20B) ADbRESS LINE No. 2 T2iB) CITYSTATE OR COUNTRY cobE CREDIT CARD PAYMENT INFORMATION (22) MASTERCARDVISA ACCOUNT NUMBER: D Mastercard EXPIRATION DATE: vi Month Year £] uiss AUTHORIZED SIGNATURE DaTE (23) I hereby authorize the FCC to charge my VISA or Mastercard for the service(s)/authorization(s) herein describe. ind See public burden estimate on reverse. FCC FORM 159 April 1994

ORIGINAL LAW OFFICES LEVENTHAL, SENTER 8 LERMAN SUITE 600 NORMAN P. LEVENTHAL TELEPHONE 2000 K STREET, N.W, MEREDITH S. SENTER, JR. (202) 429—8970 STEVEN ALMAN LERMAN Washmcton, D.C. 20006—1809 RAUL R. RODRIGUEZ TELECOPIER DENNIS P. CORBETT (202) 203—7783 BRIAN M. MADDEN August 2, 1996 BARBARA K. GARDNER STEPHEN D. BARUCH Senior. Communications SALLY A. BUCKMAN Consutrant NANCY L. woOLF MORTON 1. HAMBURG DAVID 5. KEIR DEBORAH R, COLEMAN BERNARD A. SOLNIK NANCY A. ORY WALTER P. JACOB LINDA D. FELDMANN RENEE L, ROLAND JOHN D. POUTASSE* *ApmitTiD %LWE RYSYST M Federal Communications Commission International Bureau — Satellites P.O. Box 358210 Pittsburgh, PA 15251—5210 Re: Request for Waiver under Section 319(d) (172° E.L.) To Whom it May Concern: Transmitted herewith on behalf of Columbia Communications Corporation ("Columbia") are the original and nine copies ofits request for a waiver of prior construction authorization pursuant to Section 319(d) of the Communications Act. By this request, Columbia seeks permission to proceed with construction of a new geostationary satellite to be located at 172° East longitude. Included with this package are a completed FCC remittance advice "Form 159" and a check payable to the "Federal Communications Commission" in the amount of $575.00 in payment ofthe required filing fee. Also enclosed is a duplicate ofthis filing stamped "Return Copy." Please date—stamp this copy upon receipt and return it to the courier delivering this package. Should there be any questions concerning this matter, please contact the undersigned counsel. Respectfully submitted, David S. Keir

ORILGINAL l COLUMBIA COMMUNICATIONSCORPORATION 7200 Wisconsin Avenue, Suite 701 * Bethesoa, MArYLaNp 20814 TecepHone (301) 907—8800 * Faceimice (301) 907—2420 August 2, 1996 Mr. William F. Caton Acting Secretary Federal Communications Commission 1919 M Street N.W. Room 222 Washington, D.C. 20554 Re: Request for Waiver of Section 319(d) of the Communications Act in Connection with an Application to Construct, Launch and Operate a New Geostationary Fixed Satellite at 172° East Longitude (FCC FileNo.44—SAT—P/LA—96) _z Dear Mr. Caton: Columbia Communications Corporation ("Columbia"), by its attorneys, hereby requests a waiver pursuant to Section 319(d) of the Communications Act of 1934, as amended (the "Act"), so that it may pursue development of a new hybrid C—band and Ku—band satellite at 172° E.L. As Columbia explains more fully below, the grant of its request would serve the public interest, convenience and necessity, and would not prejudice the outcome of any ongoing licensing or rulemaking proceeding. The grant of Columbia‘s Section 319(d) waiver request will serve the public interest by ensuring that its services are delivered to the user public at the earliest possible time. Additionally, grant of the waiver will foster the efficient use of the orbit/spectrum resource and provide satellite service that would not otherwise be offered. Columbia currently offers video, voice and data communications capability using leased satellite capacity on three Tracking and Data Relay Satellite System ("TDRSS") satellites through an arrangement with the National Aeronautics and Space Administration ("NASA"). The Columbia/TDRS$ satellite at 174° W.L. offers service to the Pacific Ocean 79921/080196/12:29

Mr. William F. Caton August 2, 1996 Page — 2 — Region, while the Columbia/TDRSS satellites at 41° W.L. and 47° W.L. offer service to customers in the Atlantic Ocean Region. Commercial capacity on each satellite is limited to twelve C—band transponders. Currently, there is substantial demand for satellite services in the Pacific Ocean Region that Columbia is unable to fill with its limited twelve transponder capacity. Even more significantly, the TDRSS space stations are expected to reach the end of their useful lives shortly after the end of the decade. Launch of an additional Columbia satellite will permit it to continue serving customers that are now using TDRSS space segment. The new satellite‘s design will provide greater performance and capacity than the existing TDRSS satellite and will allow the company to broaden the range and scope of services that it now offers, including the addition of Ku—band transmissions. Columbia notes that the Commission has regularly entertained Section 319(d) waiver requests, and that upon approval of an applicant‘s request, it will allow the applicant to commence construction of its system at its own risk. e.g., CD Sateli Radio, 10 FCC Red 10949 (1995); Incorporated, 10 FCC Red 10467 n.7 (1995); Imaging LP., 10 FCC Red 10911 n.1 (1995). Furthermore, the Commission has declared its intention to waive the construction permit requirement for space stations entirely in a recemt Notice of Proposed Rulemaking ("NPRM"). Commission‘s Streamlining Application Regulations Sateli Licensing Procedu s, 10 FCC Red 10624, 10625—26 (1995). In the NPRM, the Commission stated that "waiving the construction permit > requirement for space stations will provide industry with increased flexibility in their long—term business planning, the construction of their space stations, and their delivery of services." Id. at 10626. In the current case, grant of the Section 319(d) waiver would achieve all of these goals — enhancing Columbia‘s ability to solicit financial backing, expediting construction of its space station, and the earliest possible delivery of expanded service to the public. In this regard, it is significant that Columbia is not a satellite company with no track record, but an established service provider in the international satellite marketplace with a need to continue serving its existing customers and to expand its service capabilities. As a going concern, Columbia has a demonstrated history of generating revenues (which are shared with the U.S. Treasury under Columbia‘s contract with NASA), providing both a source of internal funding and the resources to which the investment community will look for assurances of the company‘s financial health. 79921/080196/12:29

Mr. William F. Caton August 2, 1996 Page — 3 — Columbia acknowledges and accepts that its proposed expenditure will be entirely at its own risk. Columbia further understands that the expenditure will not entitle Columbia to any expectation of favorable Commission action on Columbia‘s application for a license. For all of these reasons, Columbia urges the Commission to grant expeditiously its request for a waiver under Section 319(d) of the Act, so that it may take steps toward the construction of a new satellite at 172° E.L. pending the Commission‘s decision on Columbia‘s application for full authority to construct, launch and operate that satellite. Respectfully submitted, COLUMBIA COMMUNICATIONS CORP. By: K{)rete_—— Kenneth Gross Chief Operating Officer Of Counsel: Raul R. Rodriguez David S. Keir Leventhal, Senter & Lerman 2000 K Street, N.W., Suite 600 Washington, D.C. 20006 (202) 429—8970 79921/080196/12:29


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