******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Assignment of Orbital Locations ) to Space Stations in the Domestic) Fixed-Satellite Service ) ) and the Application of ) ) GE AMERICAN COMMUNICATIONS, INC.) File No.: 74-SAT-MP/ML-98 ) IBFS File No.: SAT-MOD-19980113-00002 For Modification of Authorization to ) Construct, Launch, and Operate a Space) Station in the Fixed-Satellite Service) MEMORANDUM OPINION AND ORDER Adopted: October 27, 1998 Released: October 28, 1998 By the Chief, Satellite and Radiocommunication Division, International Bureau: I. INTRODUCTION 1. By this Order, we grant GE American Communications, Inc. ("GE Americom") authority to modify its GE-5 C-/Ku-band hybrid satellite by permitting it to launch and operate a separate Ku-band satellite in lieu of the Ku-band portion of GE-5. For purposes of this decision, we do not now rule on GE Americom's related request for consent to launch and operate a separate C-band satellite in lieu of the C-band portion of GE-5. Today's action permits GE Americom to proceed with its scheduled launch of its proposed Ku-band satellite into the 79o W.L. orbit location and to initiate service from that location. II. BACKGROUND 2. In May 1996, we authorized six applicants to construct, launch, and operate eleven C-band and/or Ku-band domestic fixed-satellites ("domsats") and assigned them to specific orbit locations. Included in that Order was the assignment of the GE-5 C-/Ku-band hybrid satellite to the 79o W.L. orbit location. GE Americom petitioned for reconsideration of the 1996 Assignment Order and the 1996 Domsat Opinions requesting, among other things, an alternative orbit location for GE-5. It also filed a request to extend the milestone requirements for GE-5 in light of this pending petition for reconsideration. No party opposed the milestone extension request. 3. In January 1998, GE Americom requested modification of its GE-5 authorization, proposing to use two single-band spacecrafts in lieu of its C-/Ku-band hybrid authorization. To fulfill the Ku-band portion of its GE-5 authorization, GE Americom proposed using a spacecraft constructed by another satellite operator as a ground spare. It indicated that this Ku-band spacecraft was being modified for use and would be ready for launch in the fourth quarter of 1998. GE Americom asserted that the transponder design was the only major technical difference between the single-band Ku-band spacecraft and the Ku-band capacity originally planned for the GE-5 hybrid. Rather than twenty-four 36 MHz transponders, the Ku-band spacecraft would carry sixteen transponders operating at a bandwidth of 54 MHz. Further, the transponder effective isotropically radiated power ("EIRP") levels on the single-band spacecraft were to be the same or slightly lower than those levels authorized for the GE-5 C-/Ku-band hybrid spacecraft. 4. EchoStar Satellite Corporation ("EchoStar") and PanAmSat Corporation ("PanAmSat") filed comments with respect to the January Modification Application. Neither party opposed GE Americom's proposal to use two single-band spacecraft in lieu of a hybrid to satisfy the GE-5 authorization. EchoStar stated that it had no objections to GE Americom's proposal to the extent it did not involve a reassignment of GE-5 to 83o W.L., an orbit location that was assigned to the EchoStar FSS-1 satellite in the 1996 Assignment Order. PanAmSat also did not oppose the two satellite strategy but argued that GE Americom should remain bound by the GE-5 milestones set forth in its license, particularly as it relates to the C-band portion of its authorization. PanAmSat further maintained that any grant of GE Americom's application should indicate that GE Americom is not entitled to more than one hybrid spacecraft when it replaces the GE-5 Ku-band and C-band capacity in the future. In response, GE Americom confirmed that its proposal for GE-5 was independent of its pending request for reconsideration of the GE-5 orbital assignment. It also recognized that the decision to use two single-band spacecrafts in lieu of a hybrid for GE-5 would have no impact on its replacement rights. 5. The January Modification Application also proposed using an existing C-band spacecraft to satisfy the C-band portion of the GE-5 hybrid authorization. More recently, however, GE Americom announced a change of plans and withdrew this part of the January Modification Application. The new plans include requests for consent to locate a C-band spacecraft, currently under construction, into the 137o W.L. orbit location to satisfy the C-band portion of its GE-5 authorization, and to relocate the Satcom C-1 C-band satellite, now at 137o W.L., into the 79o W.L. orbit location. GE Americom notes that the C-band satellite under construction is at the company's own risk pending final Commission action. III. DISCUSSION 6. In licensing satellites, the Commission seeks to promote competition, provide flexibility, and encourage technical innovation. To this end, the Commission generally leaves spacecraft design decisions to the licensee since the licensee is in a better position to determine how to tailor its system to meet the particular needs of its customers. Consequently, the Commission will generally grant a licensee's request to modify its system, provided there are no compelling countervailing public interest considerations. 7. Here, GE Americom proposes a modification that will permit the expedited introduction of Ku-band service to customers from the 79o W.L. orbit location. No party objects to GE Americom's proposal to use a separate Ku-band satellites in lieu of a hybrid satellite. EchoStar's concerns about an eventual reassignment of GE spacecraft to 83o W.L. are not at issue here and, in any case, have been rendered moot by GE Americom's withdrawal of its reassignment application. Further, the proposed Ku- band satellite is consistent with the Commission's technical requirements. Accordingly, we grant GE Americom's application to substitute this satellite for the Ku-band portion of its GE-5 satellite. 8. We do not now rule on GE Americom's related application to launch and operate a separate C-band spacecraft into the 79o W.L. orbit location. We will address that application in a separate Order. We emphasize that our action here does not prejudge the final disposition of that proceeding. 9. Regarding PanAmSat's concerns about replacement expectancy, this authorization to launch and operate a Ku-band spacecraft in lieu of a hybrid satellite confers to GE Americom a replacement expectancy for a Ku-band satellite only. Further, we expect GE Americom to coordinate its amended transponder plan, in good faith, with affected adjacent satellite operators. IV. CONCLUSION AND ORDERING CLAUSES 10. Accordingly, IT IS ORDERED that the GE American Communications, Inc. Request for Modification, File No. 74-SAT-MP/ML-98, IBFS File No. SAT-MOD-19980113-00002, IS GRANTED to the extent indicated herein and Assignment of Orbital Locations to Space Stations in the Domestic Fixed-Satellite Service, 11 FCC Rcd 13788 (1996) and GE American Communications, Inc., 11 FCC Rcd 15030 (Int'l Bur. 1996) ARE MODIFIED to permit GE American Communications, Inc. to launch and operate a Ku-band satellite into the 79o W.L. orbit location. 11. IT IS FURTHER ORDERED that unless extended by the Commission for good cause shown, this authorization shall become NULL AND VOID in the event the space station is not launched and successfully placed into operation in accordance with the technical parameters and terms and conditions of its authorization, by December 30, 1999, the launch deadline contained in GE American Communications, Inc., 11 FCC Rcd 15030 (Int'l Bur. 1996). 12. IT IS FURTHER ORDERED that GE American Communications, Inc., shall prepare any further information required to be submitted to the International Telecommunication Union. No protection from interference caused by radio stations authorized by other Administrations is guaranteed unless coordination procedures are timely completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other Administrations. 13. IT IS FURTHER ORDERED that the assignment of any orbital location to GE American Communications, Inc., is subject to change by summary order of the Commission on 30 days notice and does not confer any permanent right to use the orbit and spectrum. Neither this authorization, nor any right granted by this authorization, shall be transferred to any person except upon application to the Commission and upon a finding by the Commission that the public interest, convenience, and necessity will be served thereby. 14. GE American Communications, Inc., is afforded thirty days from the date of release of this order to decline this authorization. Failure to respond within this period will constitute formal acceptance of the authorization. 15. This order is issued pursuant to Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R.  0.261, and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division International Bureau.