NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** //$GE AMERICAN COMMUNICATIONS, ADPT. 4-2-96, RLSD. 4-2-96,$// //FOR RECORD ONLY// DA 96-495 RECORD ONLY Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of the Application of ) ) GE AMERICAN ) File No. 75-SAT-P/LA-95 COMMUNICATIONS, INC. ) ) For Authority to Construct, Launch ) and Operate a Replacement Satellite ) ORDER AND AUTHORIZATION Adopted: April 2, 1996 Released: April 2, 1996 By the Chief, Satellite and Radiocommunication Division, International Bureau: Introduction 1. By this Order and Authorization, we grant GE American Communications, Inc. authority to replace its hybrid C/Ku-band Spacenet 3 satellite with a newly constructed C/Ku-band satellite, to be designated GE-4. Spacenet 3 is approaching its end-of-life and this authorization will allow GE to continue to provide satellite service to customers from the 87o W.L. orbital position. No comments or opposition were filed concerning this application. 2. GE proposes to "dove-tail" the construction, launch, and operation of GE-4 to the projected end-of-life of Spacenet 3. The proposed replacement satellite will have twenty-four 36 MHz C- and Ku-band transponders, each operating at transmitter power levels of up to twenty watts, each with an effective isotropically radiated power (EIRP) of up to 49 dBW. GE states that the design of GE-4 is similar to the previously authorized GE-1 satellite in all respects, except for antenna coverage. It proposes to operate GE-4 at the 87o W.L. orbital position, the same position that Spacenet 3 now occupies. It requests authority to offer up to 100% capacity of GE-4 on a noncommon carrier basis. Finally, it asserts that since this is a proposal to replace a satellite at the end of its life with a new hybrid, we should consider it outside the current domestic fixed-satellite processing round. Discussion 3. We agree that GE should now receive authority to replace Spacenet 3 with GE-4. GE is legally, technically, financially, and otherwise qualified to construct, launch, and operate GE-4, pursuant to Section 25.140 of our rules. Moreover, we routinely authorize replacement satellites at their present locations without a processing round when no new orbital locations are involved. This ensures continuity of service to customers and eliminates any need for them to repoint their antennas. Additionally, there are no "practical, policy, technical, or other relevant" factors that would preclude authorization. Finally, based on GE's representations, we find that its proposed transponder transactions are noncommon carrier in nature and are otherwise consistent with our transponder sales policies. Ordering Clauses 4. Accordingly, IT IS ORDERED that Application File No. 75-SAT-P/LA-95 IS GRANTED and GE American Communications, Inc. IS AUTHORIZED to construct, launch, and operate the replacement satellite, designated GE-4, at the 870 W.L. orbital position in accordance with the terms, representations, and technical specifications set forth in its application, our rules, our policies, and this order. 5. 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 constructed, launched, and successfully placed into operation in accordance with the technical parameters and terms and conditions of this authorization by the following dates: Construction Commenced Construction Completed Launched GE-4 9/30/96 4/30/99 7/31/99 6. IT IS FURTHER ORDERED that the license term for the space station is ten years and will begin to run on the date the licensee certifies to the Commission that the satellite has been successfully placed into orbit and the operations fully conform to the terms of this authorization. 7. IT IS FURTHER ORDERED that GE American Communications, Inc. shall prepare any necessary submissions to the International Telecommunication Union (ITU) and to any affected administrations for coordination of this space station in accordance with the ITU Radio Regulations, within sixty days of the release of this order. 8. IT IS FURTHER ORDERED that GE American Communications, Inc. shall provide the necessary information to initiate consultation in accordance with Article XIV of the INTELSAT Agreement within sixty days of the release of this order, as required by Section 25.202(c) of the Commission's rules, 47 C.F.R.  25.202(c). 9. IT IS FURTHER ORDERED that assignment of any orbital location is subject to change by summary order of the Commission on 30 days notice and does not confer any permanent right to the use of the orbit or spectrum. 10. GE American Communications, Inc. is afforded thirty days from the date of release of this order and authorization to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of this authorization as conditioned. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division International Bureau