Attachment 1990Commission lette

1990Commission lette

LETTER submitted by CCB, FCC

Commission Response

1990-06-07

This document pretains to SAT-MOD-19901031-00062 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD1990103100062_1078731

<_;3:;;;\3 61330 Goldberg & Spector JUN T 199890 1229 19th Street, K.@. Wezhington, D.C. 20036 Attention: Henary Coldberg Reference: Spotnaet 1 and Spotnet 2 Domestic Flxed—Satcecllites Dear Mr. Goldberg: This is in response to your February 22, 1990 letter, written on behalf of Hational Exchange Sstellite, Inc. {(KEXSAT)}, concerning the status of NEXSAT‘s Spotnet 1 and Spotnet 2 domestic fixed—satellites. The suthorizsation for these satellites, which was issued in Hovember 19%88, requires HEXSAT to begin conatruction of Spotnet 1 by Auguest 1989 and Spotnet 2 by July 1996. Eationsl Exchsange Serellite.. Ing., 3 FCC Red 6992 (1988) (Authorisstion Ordazg}). The Authorisstion Ordar further provides that unless amended by the Commission for good cause shown, the seutborisation is to become null and void if the specified deadlines are not mat. Authorisation Order st para. 8. In Fetbruary 1989, KEXSAT filed a request for orbital reassignments for both setellites. Thl# reqaesc was gr&a:edinJanuary 1990. A&gxggggg; of Orbital S $ the Pemsstic Fize g1li revice, —FCC $8%— 364a(re1eaaed Jaabary 11 Vl??fi);‘ A&s of mid~February 1990, HEESAT had mnot indicated to the Commission that coustruction of Spotset 1 had commenced. RoreSvet’ no request for an extession of the required &ugust 1989 constructich desdline had been filed. Consequentiy, WEKSAT was requescted to verify theat it hgd entered into e sonu~ ccatingeat construction contract for Spotuet 1 and had eom&enced coustruction by~ the required date. Seg Letter from Chief, Domestic Fecilitiee DBivision to Counsel, HEXSAT (February 16, 1990). in KELSAT‘s response to this letter, it indicates that it hes not begun to construct Spotnet 1. It states that it was impossible for it to make suy commitments regarding coustruction of both Spotnet satellites until the Commission sctad on its resesignment requests. See Letter from Counsel, KEXS&T to Chief, Domestic Facilities Division (Februsry 22, 1990). It agserts that if iss resassigument requests were denied and the ssatellites were required to operate in the high power density orbital arc, where they were initislly assigned, it would be necessary to make "substsantisal modifications to its spacecrsft design and/or a radical dGdeparture from its planned service offeriags." HELSAT further requests the Commission to resdjust the implementation echedule for both Spotnet satellites to reflect that it was not able to initiate comcrete steps towsard construction until Jsnuary 1990. While NEZXSAT does not provide specific déates, recelculating the originsal time period between grant aud construction commencement based on‘ a Jenusary 1990 grenat

date results in an October 19%0 commencement datre for Spotanct 1 and a September 1991 commencement deate for Spotnet 2. KEXSAT did not begin construction of Spotuet 1 by the required date nor did it request an extension of this date. The fact that NEXSAT filed a request for orbital reassignment, which wss pending uutil Janusary 1990, does not, alone, excuse itsas failure to meet its construction milestone. It appoars the only setellite compouents that could have been affected by the pending request were the entennas, whose coversge pattern would mneed to be readjusted depending on orbitel location, and the traveling wave tube amplifiers (TWIA4s), whose power may have nceded to be adjusted depending on whether the satellite was operating in the high or lower power density arcs. These componests are not involved in the early phases of satellite coustruction. Rather, they arg incorporated when the space station is nesaring coumpletion. In fect, the Commission regulariy roeceives requests for authority to change transponder power and antenga coverage patterns for satellites that are essentially completed. Sse, eip.,. American Sstellite Company, 5 FCC Red 1184 (1990) (change ASC—2 orbitsal location and inerease power lovel on two transponders); American Telephone and Telegraph _Co., 5 FCC Red 1186 (1990) (add spot beanm covering Hawaii to Telstar 401 and Telstar 402}; Applicsation of CGTE Spacenet Corporation for authority to increase transponder power on CSTAR 4 (File No. 11—DSS—MP/HL—30). The spscecraft bus, solar panels, tracking, telemetry and conutrol (TT&C) components, and other long—term procurement items would not be affected by a change in assignument. Hevertheless, cbecause of any confusion NEXSAT may have had concerning the — inplemenatation milestone schedule while its reassignment request was pending, it will be granted additionasl time in which to commence construction of Spetnet 1. Horeover, given the imminence of the construction commencement date for Spotnet 2, it will also be granted an extersion for this satellite. 4s requested, it will be granted uutil October 1990 to begin construction of Spotaet 1. The construction commencement deadline for Spotnet 2 will be extended to March 1891. This extension should provide HEXSAT sufficient time to complete the pre—coustruction process and to execute & counstruction contract for Spotnet 2. REXSAT has not demonstrated that any additional tine beyornd this period is necessary or is justified given the fsctors discussed ebove.

To ensure that HEXSAT is iu compliance with these milestones, it is required to submit to the Commission copies of its construction contracts with the spacecraft manufacturer, including any relevant amendments and notices to proceed, nmo later than October 31, 1990 for Spotnet 1 and no later than HMarch 31, 1991 for Spotnet 2. Failure to respond within this time frame will subject the authorigsations for these satellites to revocation. Sincerely, James R. Keegan Chief, Domestic Facilities Division Comon Carrier Bureau FI/tlb:dfa/cCcB 6/6/20


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