5 FCC Red No. 2 Federal Communications Commission Record DA 89·1684

DALLAS/FORT WORTH CSG-89-150-ML Before the TELEPORT, LTD. Federal Communications Commission Washington, D.C. 20554 Application for authority modify its license for a fixed 6.1-meter GROUPW CSG-89-093-ML Ku-band transmit/receive domestic , earth station (Call Sign E873895) INC. at Irving, Texas for the provision of private, non-common carrier Application for authority to international communications services modify its fixed 7.0-meter via the PAS system Ku-band transmit/receive domestic fixed earth HUGHES NETWORK CSG-89-146-ML(2) station (Call Sign E890522) SYSTEMS, INC. CSG-89-147-ML(2) at Stamford, Connecticut to add PAS-1 as a point of Applications for authority to modify communication and to provide its licenses for 2.4, 1.8. 1.2 and international communications 3.5-meter Ku-band transmit/receive between the United States VSAT earth stations (Call Signs E873438, and those points to which E861092, E891001 and E891002) for the PAS is authorized to serve provision of services between the United States and Canada, Mexico WESTINGHOUSE CSG-89-122-ML and Latin America COMMUNICATIONS SERVICES, MOBILE CSG-89-151-ML(4)(A) INC: SATELLITE COMMUNICATIONS, Application for authority to INC. modify its fixed 4.5-meter d/b/a/ PITTSBURGH C-band transmit/receive INTERNATIONAL domestic earth station (Call Sign TELEPORT E890928) at Miami; Florida for the provision of international services Application for authority to via all U.S. domestic satellites modify its licenses for a 5.6-meter hub at New Kensington, CRISA CSG-89-145-P/L Pennsylvania and 1.2, 1.8 and CORPORATION 2.4-meter Ku-band transmit/receive earth stations (Call Signs E890954, Application for authority to E890955, E890956 and E890957) for construct and operate a the provision of services between 3.7-meter Ku-band transmit/ the United States and Canada and receive fixed earth station Mexico via all U.S. domestic for the provision of international satellites and the Anik satellite system communications between Laredo, Texas and Monterrey, Mexico via the Morelos I satellite

285 DA 89-1684 Federal Communications Commission Record 5 FCC Red No. 2

HUGHES CSG-89-152-ML(4) MOBILE CSG-89-162-ML CSG-89-163-ML SATELLITE COMMUNICATIONS, CSG-89-164-ML SERVICES, INC. INC. d/b/a/ PITTSBURGH Application for authority to INTERNATIONAL modify its licenses for 1.2, 1.8, 2.4 TELEPORT and 3.5-meter Ku-band transmit/receive earth stations (Call Signs E890993, Application for authority to modify E890260, E890259 and E890261) for its licenses for two 9.1 and one the provision of services between 9.2-meter C-band transmit/receive the United States and Canada, earth stations (Call Signs E890933, Mexico, Latin America and Caribbean E871627 and E880053) for the provision countries via all U.S. domestic satellites of services between the United States and Canada and Mexico via all U.S. IDB COMMUNICATIONS CSG-89-153-ML satellite systems GROUP, INC. HUGHES CSG-89-165-P/L Application for authority to modify AIRCRAFT its license for a 3.5-meter fixed COMPANY Ku-band transmit/receive earth station (Call Sign E860811) at Application for authority to Culver City, California for the construct and operate a provision of services between the 5.0-meter fixed Ku-band transmit United States and Canada, Mexico, the earth station at Long Beach. Caribbean, Central America and South California for the provision of America via all U.S. domestic satellites services between the United States and Mexico via the Morelos satellite IDB COMMUNICATIONS CSG-89-154-ML system GROUP, INC. COMMERCIAL CSG-89-168-ML Application for authority to modify TELECOMMUNICATIONS its license for a 7.0-meter fixed CORP. C-band transmit/receive earth station (Call Sign E881143) at Application for authority to Culver City, California for the modify its license for a provision of services between the 3.5-meter fixed Ku-band transmit/ United States and Canada, Mexico, receive earth station at Santa the Caribbean, Central America and Maria, California (Call Sign 890208) South America via all U.S. domestic for the provision of services between satellites and the Anik and Morelos the United States and Canada satellite systems via all U.S. domestic satellites and the Anik system

286 5 FCC Red No. 2 Federal Communications Commission Record DA 89-1684

MOBILE CSG-89-169-ML MEMORANDUM OPINION, ORDER AND SATELLITE AUTHORIZATION COMMUNICATIONS, INC. Adopted: December 29, 1989; Released: January 17, 1990 d/b/a/ PITTSBURGH INTERNATIONAL By the Chief, International Facilities Division: TELEPORT 1. The Commission has under consideration the above­ Application for authority to modify its captioned applications requesting authority under Section license for a 5.6-meter fixed Ku-band 214 and Title III of the Communications Act of 1934, as transmit/receive earth station at amended, to establish channels of communications, modi­ New Kensington, Pennsylvania (Call fy existing domestic satellite earth station licenses, and construct new earth station facilities, to provide Sign E890945) for the provision of transborder services between the United States and services between the United States Canada, Mexico, Latin America and the Caribbean. The and Canada and Mexico via all U.S. Commission also has under consideration applications to satellite systems modify existing earth station licenses to add the PAS-1 satellite as a point of communications to provide service DETROIT CSG-89-172-ML between the United States and points to which Alpha Lyracom (d/b/a/ Pan American Satellite (PAS)) is au­ EDUCATIONAL thorized to serve. These applications were placed on the TELEVISION Commission's public notice. No comments were received. FOUNDATION

Application for authority to modify its THE APPLICATIONS license for a 10-meter fixed C-band 2. Group W Television, Inc. (Group W) (File No. CSG - transmit/receive earth station at Avon 89 - 093 - ML). Group W seeks authority to modify one of two identical, co-located, fixed 7 .0-meter Ku-band Township, Michigan (Call Sign WF67) transmit/receive domestic fixed earth stations (Call Sign for the provision of services between the E890522) at Stamford, Connecticut, to add the PAS-1 United States and Canada and Mexico via satellite as a point of communication to provide interna­ all U.S. satellite systems, and the Anik tional communications between the United States and and Morelos systems those European points to which PAS is authorized to serve. The modifications will extend the range of technical parameters of the satellite arc to 45 - 140 degrees West GTE SPACENET CSG-90-003-ML Longitude; the antenna elevation angle to 8.9 - 34.3 de­ CORPORATION grees; and the earth station azimuth to 140.4 - 254.0 degrees from True North. The antenna which will be used Application for authority to modify a to access PAS-1 will be the eastern antenna of the two license for a 6.1-meter fixed Ku-band which are located on the easterly end of the roof of the transmit/receive earth station hub at building known as 250 Harbor Plaza Drive. Also, the number of antennas shown on Group W's license is here­ Peoria, Illinois (Call Sign E880635) by corrected at "Item number 5" to show "two" antennas for the provision of services between the instead of "six". All other particulars of operation remain United States and Canada and Mexico via the same. all U.S. satellite systems 3. Group W states that its use of the PAS-1 satellite will not be pursuant to any direct contractual arrangement MOBILE I-T-C-89-163 between it and PAS. Rather, Group W explains, the en­ SATELLITE tities for whom it will provide uplink and/or downlink services will obtain transponder capacity over PAS-1 pur­ COMMUNICATIONS, INC. suant to either an underlying sale or long-term lease d/b/a/ PITTSBURGH agreement for at least one year. Group W states that such INTERNATIONAL TELEPORT arrangements will not involve communications intercon­ nected with the public switched message network in con­ Application for authority to establish formance with the Separate Systems decision. 1 and operate channels of communication 4. Westinghouse Communications Services, Inc. for the provision of services between the (Westinghouse) (File No. CSG - 89 - 122 - ML). Westing­ house seeks authority to modify its fixed 4.5-meter C­ United States and Mexico and Canada band transmit/receive domestic earth station (Call Sign E890928) at Miami, Florida for the provision of interna­ tional services via all U.S. domestic satellites. Westing­ house states that it will operate the facility pursuant to a contract with the Department of Treasury to provide non­ common carrier services for the U.S. Customs Service between the Customs Service's Command, Control, Com­ munications and Intelligence Center in Miami and an

287 DA 89-1684 Federal Communications Commission Record 5 FCC Red No.2 earth station facility that will be operated by Westing­ l-T-C-89-163). MSC was formed in 1983 as a domestic, house at the Customs Service's facility in George Town, non-dominant carrier to provide satellite communications Bahamas. Westinghouse states that the facilities will be services, including video and data services to businesses used in conjunction with the Customs Service's aerostat­ across the United States. The privately held company has born radar system in carrying out the Customs Service's its headquarters in New Kensington, Pennsylvania and is drug interdiction responsibilities. Westinghouse states fur­ incorporated under the laws of Pennsylvania. MSC states ther that because the facility will be used solely for na­ that it currently operates satellite earth station and terres­ tional security purposes, the Department of State has trial microwave facilities for domestic communications. indicated that pursuant to Article XIV(g) of the MSC currently operates a teleport facility near Pittsburgh, INTELSAT Agreement, consultation with INTELSAT is Pennsylvania offering satellite uplink/downlink and asso­ not required. ciated services for numerous customers. In File No. CSG- 5. Crisa Corporation (Crisa) (File No. CSG- 89- 145 - P 89-151-ML(4)(A), MSC seeks authority to modify its I L). Crisa seeks authority to construct and operate a license for a 5.6-meter hub at New Kensington, Penn­ 3.7-meter Ku-band transmit/receive fixed earth station for sylvania and 200 1.2-meter, 825 1.8-meter, and 275 the provision of international communications between 2.4-meter fixed Ku-band VSAT transmit/receive earth sta­ Laredo, Texas and Monterrey, Mexico via the Morelos I tions (Call Signs E890954, E890955, E890956 and satellite. Crisa is a wholesale glass distributor in the Unit­ E890957) to add all Ku-band satellites, including the Anik ed States that is wholly-owned by the Mexican group satellite system, which have been consulted under Article Vitro S.A. Crisa proposes to provide private, point-to­ XIV(d) of the INTELSAT Agreement for the provision of point digital communications between its U.S. location two-way data transmissions between the United States and and its Mexican affiliate in Monterrey. Canada and Mexico. 6. Dallas I Fort Worth Teleport, Ltd. (DFWT) (File No. 9. In File Nos. CSG-89-162-ML, CSG-89-163-ML and CSG- 89- 150- ML). DFWT seeks authority to modifya CSG-89-164-ML, MSC seeks authority to modify its li­ 6.1-meter Ku-band transmit/receive domestic earth station censes for two 9.1-meter and one 9.2"meter C-band trans­ (Call Sign E873895) at Irving, Texas for the provision of mit/receive earth stations (Call Signs E890933, E871625 private, non-common carrier, international communica­ and E880053) to add all C-band satellites which have been tions services via the PAS-1 satellite. The modifications or will consulted under Article XIV of the INTELSAT will extend the range of technical parameters of the sat­ Agreement for the provision of transborder services be­ ellite arc to 40-143 degrees West Longitude; the antenna tween the United States and Canada and Mexico. MSC elevation angle to 18-40.1 degrees and the earth station states that it will provide on a "for-hire" basis uplink azimuth to 109.4-242.2 degrees from True North. DFWT video distribution and teleconferencing services from re­ provides domestic common carrier services through facili­ mote locations where fixed facilities are not available. ties also located at this location, but states that the inter­ MSC adds that it will be able to serve a growing need of national authority it seeks is for private, non-common television program producers, television stations and oth­ carrier, international services. DFWT states that its access ers for instantaneous transmission of programming from to PAS will allow expansion of the types of services that the location of live events and remote production loca­ can be offered to its customers. tions. 7. Hughes Network Systems, Inc. (HNS) (File Nos. CSG - 10. In File No. CSG-89-169-ML, MSC seeks authority to 89 - 146 - ML (2) and CSG - 89 - 147 - ML (2! ). HNS modify its license for a 5.6-meter fixed Ku-band trans­ seeks authority to modify its licenses to add 1.2, 1.8. 2.4 mit/receive earth station at New Kensington. Pennsylvania and 3.5-meter Ku-band transmit/receive very small ap­ (Call Sign E890945) to add all Ku-band satellites that have erture terminal (VSAT) earth stations (Call Signs been consulted under Article XIV(d) of the INTELSAT E873438, E861092, E891001 and E891002) for the provi­ Agreement for the provision of two-way video services sion of extra high-speed data, one-way video and digitized between the United States and Canada and Mexico. voice services between the United States and Canada, 11. In File No. I-T-C-89-163, MSC seeks authority to Mexico and certain Latin American points, as well as establish and operate channels of communication between two-way service between the United States and Canada earth stations in the United States and Mexico and and Mexico via all satellites which have been or will be Canada for the provision of two-way. high-speed data and consulted under Article XIV(d) of the INTELSAT Agree­ video services. MSC states that it will use all domestic ment. HNS states that after the proposed modification to satellites which have been or will be consulted under its license, it would then be licensed to operate a VSAT Article XIV(d) of the INTELSAT Agreement to provide network with up to 800 2.4-meter terminals, 100 1.8-me­ the proposed services. MSC states that it does not seek to ter terminals, 50 1.2-meter terminals and 100 3.5-meter construct or procure any circuits of its own other than terminals operating in point-to-point or point-to­ the satellite facilities it has identified. MSC states that multipoint configurations. HNS states that its earth sta­ existing international facilities and services are inadequate tions are designed for users with fewer sites than the for the services it proposes to offer and that entry by it typical VSAT customer. HNS adds that the services pro­ and additional satellite radio carriers will further stimu­ vided via these terminals can be more economical because late demand for such service and encourage more efficient they use less transponder capacity and do not require a services at lower cost. hub to operate. In this manner, HNS states it can offer 12. Hughes Communications Satellite Services, Inc. flexible services and rates dependent upon the needs of its (HCSS) (File No. CSG- 89- 152 - .\1L (4) ). HCSS seeks customers. authority to modify its licenses for 1.2, 1.8, 2.4, and 8. Mobile Satellite Communications, Inc., d I b I a Pius­ 3.5-meter Ku-band transmit/receive earth stations (Call burgh International Teleport (MSC) (File Nos. CSG - 89 - Signs E890993, E890260, E890259 and E890261, respec­ 151 - ML (4) (A), CSG- 89- 162- ML, CSG- 89- 163- tively) for the provision of services between the United ML, CSG - 89 - 164 - ML, CSG - 89 - JfJ9 - .\1L and States and Canada and Mexico via all U.S. domestic sat-

288 5 FCC Red No.2 Federal Communications Commission Record DA 89·1684 ellites. HCSS proposes to provide high-speed data, one­ 16. Detroit Educational Television Foundation (DETV) way video and digitized voice transmissions to Canada, (File No. CSG- 89- 172 - ML). DETV seeks authority to Mexico, Latin America and Caribbean countries, as well modify its license for a 10-meter fixed C-band trans­ as two-way services between the United States and Canada mit/receive earth station at Avon Township, Michigan and Mexico. HCSS states that it will use these "Gemini" (Call Sign WF67) to use all U.S. domestic satellites, the terminals in a point-to-point or point-to-multipoint con­ Anik and Morelos satellite systems for the provision of figuration, consisting of up to 5850 terminals. transborder services on a non-common carrier basis be­ 13. !DB Communications Group, Inc. (!DB) (File Nos. tween the United States and Canada and Mexico and all CSG- 89- 153 - ML and CSG- 89- 154 - ML). In File countries for which INTELSAT Article XIV(d) consulta­ 2 No. CSG-89-153-ML, IDB seeks authority to modify its tions have been completed. Specifically, DETV proposes license for a 3.5-meter fixed Ku-band transmit/receive to provide transborder video and associated audio trans­ earth station (Call Sign E860811) at Culver City, Califor­ mission and reception services which will support its own nia for the provision of services between the United States programming needs and provide service to third parties and Canada, Mexico, the Caribbean, Central America and on a private, cost-sharing basis. South America via all U.S. domestic satellites. In File No. 17. GTE Spacenet Corporation (GTE Spacenet) File No. CSG-89-154-ML, IDB seeks authority to modify its license CSG - 90 - 003 - ML). GTE Spacenet seeks authority to for a 7.0-meter fixed C-band transmit/receive earth station modify its license for a 6.1-meter fixed Ku-band trans­ (Call Sign E881143) at Culver City, California for the mit/receive earth station hub at Peoria, Illinois (Call Sign provision of services between the United States and E880635) for the provision of data, video or digital voice Canada, Mexico, the Caribbean, Central America and and other approved two-way transborder services between South America via all U.S. domestic satellites and the the United States and Canada and Mexico via all U.S. Anik and Morelos satellite systems. IDB currently uses satellite systems. GTE Spacenet states this 6.1-meter fa­ these earth stations to transmit audio or video program­ cility operates as a customer premise hub earth station ming, and/or data communications and to distribute such and is currently used domestically for GTE Spacenet's programming through national satellite distribution chan­ customer in a private communications network which nels. uses GTE Spacenet's authorized multi-satellite system to 14. Hughes Aircraft Company (HAC) (File No. CSG - provide a mix of high-speed voice, data and video services. 89-165-PIL). HAC, is a wholly-owned subsidiary of Gen­ GTE Spacenet states that its customer requires transborder eral Motors Hughes Electronics, which is. in turn, a links to Canada and Mexico and adds that only authorized wholly-owned subsidiary of General Motor Corporation. satellites will be used for services within the scope of HAC seeks authority to construct and operate a 5.0-meter consultations under Article XIV(d) of the INTELSAT fixed Ku-band transmit/receive earth station at Long Agreement. Beach, California for the provision of services between .the United States and Mexico via the Morelos satellite system. HAC states that the earth station will be installed, DISCUSSION operated and maintained by its staff organization, Com­ 18. In 1981, following consultations with the Depart­ munications and Data Processing (C&DP). HAC states ment of State, the Commission conditionally approved the C&DP operates under the. umbrella of the Executive and use of U.S. domestic satellites for the transmission of Corporate Staff Organizations (E&SCO) of HAC. C&DP certain public international telecommunications services offers, among other services, private digital data, voice and to points within the footprint of those satellites. The video telecommunications for HAC. HAC states that the Commission determined that domestic satellites could be instant application stems from requests of other operating used for these services where INTELSAT is incapable of divisions that have manufacturing functions in Tijuana providing a service or where it would be clearly and Mexicali, Mexico to C&DP to permanently improve uneconomical or impractical to use the INTELSAT sys­ the currently inadequate voice and data terrestrial com­ tem for the service. Based on these criteria, the Commis­ munications links now existing between the U.S. domestic sion has authorized over 200 applications for transborder parent divisions and their Mexican manufacturing func­ service between the United States and Canada, Mexico, tions. HAC states that this earth station will allow it to Latin America and the Caribbean locations. In addition, offer consistent and uninterrupted communication ser­ consultations under Article XIV(d) of the INTELSAT vices to its manufacturing sites in Mexico, thus greatly Agreement have been successfully completed for the pro­ increasing their productivity and competitiveness. HAC vision of transborder services to several countries. 3 adds that the public interest of both the United States and 19. The subject applications request authority to pro­ Mexico will be served by improving the quality of service vide services similar to those services previously currently available. authorized under the Commission's Transborder policy 15. Commercial Telecommunications Corp. (Comtel) (File and consulted under Article XIV(d) of the INTELSAT No. CSG - 89 - 168 - ML). Comtel seeks authority to Agreement. For the most part, the applications involve modify its license for a 3.5-meter fixed Ku-band trans­ the modification of domestic earth station licenses to ex­ mit/receive earth station at Santa Maria, California tend existing or planned domestic networks to provide (E890208) for the provision of services between the Unit­ business and video services between the United States and ed States and Canada via all U.S. domestic satellites and Canada and Mexico using U.S. domestic satellites, as well the Anik satellite system. Comtel states that this earth as the Anik and Morelos satellites. station will be used as part of its corporate communica­ 20. Under these circumstances. we conclude that a tion network for communication with other nodes in grant of the subject applications involving transborder Canada. services is consistent with the Commission's Transborder policy and consultations completed under Article XIV(d) of the INTELSAT Agreement. The Commission has pre-

289 DA 89·1684 Federal Communications Commission Record 5 FCC Red No. 2 viously recognized that where the extension of existing under Article XIV(d) of the INTELSAT Agreement had domestic business networks is involved, use of the been fulfilled. 7 The instant applications seek authority to INTELSAT system would be both clearly impractical and access the PAS system to provide services to those coun­ uneconomical.4 Specifically, the Commission has noted tries which PAS is authorized to serve. In view of these that maximum efficiency is gained through use of one circumstances, we conclude that the grant of these ap­ satellite to link a customer's numerous business locations plications is consistent with the Commission's Separate simultaneously. Use of the INTELSAT system would re­ Systems policy and will serve the public interest. quire the virtual duplication of a domestic network for 25. Accordingly, IT IS ORDERED that the applications each customer that wanted to add Canadian or Mexican of Westinghouse (File No. CSG-89-122-ML), Crisa (File business locations to its network. No. CSG-89-145-P/L), HNS (File Nos. CSG-89-146-ML(2) 21. The same considerations also apply to the receive­ and CSG-89-147-ML(2)) MSC (File Nos. CSG- only video services where the programming is already 89-151-ML(4)(A), CSG-89-162-ML, CSG-89-163-ML, CSG- being transmitted throughout the United States and can 89-164-ML, CSG-89-169-ML and I-T-C-89-163), HCSS be received in transborder locations on an incidental basis (File No. CSG-89-152-ML(4)), IDB (File Nos. CSG- with the addition of small, receive-only earth stations for 89-153-ML and CSG-89-154-ML), HAC (File No. CSG- little or no additional cost.5 The incidental reception of 89-165-P/L), Comte1 (File No. CSG-89-168-ML), DETV this programming in transborder locations is consistent (File No. CSG-89-172-ML) and GTE Spacenet (File No. with our Transborder policy and existing INTELSAT con­ CSG-90-003-ML) ARE GRANTED and the applicants are sultations. In addition, the Commission has found that use authorized to modify the licenses for their existing earth of INTELSAT facilities in such circumstances would be station facilities. construct new earth station facilities an inefficient use of the available radio frequency spec­ and/or establish channels of communication to provide trum. With respect to point-to-point communications be­ the transborder services requested in their applications tween the U.S. and Canada and Mexico. the Commission consistent with Attachments I and 2. has granted applications based on the recognition that 26. IT IS FURTHER ORDERED that Crisa may not such service was not previously provided by INTELSAT provide common carrier services through the earth station but by well-developed terrestrial networks. facilities authorized herein and none of the earth stations 22. Although we find that the subject applications com­ authorized herein to provide private service shall be used ply with the Commission's Transborder policy, we note to provide common carrier services. that two of the applications present technical questions 27. IT IS FURTHER ORDERED that the applications and can only be granted subject to certain limitations. of Group W (File No. CSG-89-093-ML) and DFWT (File With respect Crisa's application (File No. CSG- No. CSG-89-150-ML) ARE GRANTED and the existing 89-145-P/L) to construct a 3.7-meter Ku-band trans­ earth station licenses of Group W and DFWT are hereby mit/receive fixed earth station, we note that the proposed modified to add the PAS-1 satellite as a point of commu­ antenna does not meet the requirements for side lobes nication for service between the United States and those emissions and two degree spacing in accordance with countries that PAS is authorized to serve. Section 25.209 of the Commission's Rules. Therefore. the 28. IT IS FURTHER ORDERED that Group W and earth station shall be-limited to a total effective isotropic DFWT are restricted in their operation of the subject radiated power (e.i.r.p.) of 51.7 dBW and an e.i.r.p. power earth stations communicating with the PAS-I satellite to density of 30.6 dBW/4kHz. The earth station shall trans­ the provision of capacity through the sale or long-term mit in the frequency band 14-14.5 GHz and receive in the lease (of at least one year) of transponder capacity for frequency band 11.7-12.2 GHz and emissions shall be communications not interconnected with the public­ limited to 400KG7D. With respect to the application of switched message networks (except for emergency restora­ DFWT (File No. CSG-89-150-ML), the total maximum tion service). e.i.r.p. shall be limited to 83.5 dBW and the maximum e.i.r.p. density shall be limited to 56.5 dBW/4kHz. 29. IT IS FURTHER ORDERED that the authorizations of Group W and DFWT are subject to 23. We also note that the application of Westinghouse Commission jurisdiction over the use of all space segment (File No. CSG-89-122-ML) to use its 4.5-meter C-band within the PAS system and operation of the proposed transmit/receive earth station at Miami, Florida to provide earth stations to ensure compliance with the restrictions service between the U.S. and the Bahamas to the the U.S. stated. Customs Service does not properly fall within our Transborder policy. The State Department has declared 30. IT IS FURTHER ORDERED that Group W and that this service is solely for national security purposes DFWT are restricted to operation of the proposed earth within the meaning of Article XIV(g) of the INTELSAT station in accordance with the parameters summarized Agreement, which provides that the Agreement does not and conditions described in Attachment No. 1 to AP- apply to such communications.6 Thus, the services pro­ 11-lOE. "Report by the Board of Governors to the Elev­ vided pursuant to this application are not limited to those enth Assembly of Parties Pursuant to Article XIV(d) on services and satellites set forth in Attachments 1 and 2. the PanAmSat Network" (February 1987). 24. Further, we find that the applications of DFWT 31. This authorization constitutes the final step with (File No. CSG-89-150-ML) and Group W (File No. respect to the provision of transborder services only 89-093-ML) are consistent with the Commission's Separate insofar as the U.S. regulatory process is concerned. It does Systems decision which permits the access of the PAS not, however. dispense with any requirements that may be separate satellite system subject to the limitations con­ imposed by other countries involved. tained in the Separate Systems decision. On several occa­ 32. This order shall not be construed as authorizing the sions the Commission has authorized PAS to operate its distribution of programming where the appropriate copy­ facilities for communications between the U.S. and speci­ right clearances have not been obtained. fied countries once it was determined that U.S. obligations

290 5 FCC Red No. 2 Federal Communications Commission Record DA 89·1684

33. IT IS FURTHER ORDERED that before comple­ tion of equipment installation and facility activation, Crisa and HAC shall provide the Commission with a summary of equipment which was actually installed. 34. This order is issued under Section 0.291 of the Commission's Rules and is effective upon adoption. Peti­ tions for reconsideration under Section 1.106 or applica­ tions for review under Section 1.115 of the Commission's Rules may be filed within 30 days of public notice of this order (see Section 1.4(b)(2)).

FEDERAL COMMUNICATIONS COMMISSION

GeorgeS. Li Chief, International Facilities Division Common Carrier Bureau

l91 DA 89-1684 Federal Communications Commission Record 5 FCC Red No.2

A'n'ACHMENT 1

U.S. Satellites Corurul.ted Pursuant to Article IIV(d)

Satellites AURORA ( V) COMSTAR D-4 CONTEL ASC-I CONTEL ASC-II I GALAXY II GALAXY III GALAXY IV-R GALAXY V-R GALAXY VI (WESTAR VI-S) GSTAR I GSTAR II GSTAR III SATCOM IR SATCOM IIR SATCOM IIIR SATCOM IV SATCOM V SATCOM K-1 SATCOM K-2 SBS I SBS II SBS III SBS IV SBS V SBS VI SPACENET I SPACENET II SPACENET I II 301 (TELSTAR 3A) WESTAR IV WESTAR V

292 5 FCC Red No.2 Federal Communications Commission Record DA 89-1684

ATrACHHENT 2

SUMMARY OF IN'l'ELSAT CONSULTATION Country Service[s] Satellite[s) Anguilla T.V., audio and all satellites data receive-only _ listed in Attachment 1 Bahamas T.V., audio and all satellites data receive-only listed in Attachment 1 Barbados T.V. receive-only all Galaxy, Satcom and Westar satel­ lites listed in Attachment 1 Bermuda T.V. , audio and all satellites data receive-only listed in Attachment 1 British Virgin Islands T.V. , audio and all satellites data receive-only listed in Attachment 1 Canada occasional pt.-to-pt. all satellites listed and full time in Attachment 1 video services and plus ANIK B, C1, business services C2, C3, D1 and D2 (including data and electronic document distribution, video teleconferencing and voice communications) Cayman Islands T.V., audio and all satellites data receive-only listed in Attachment 1 Mexico Full-time and all satellites occasional T.V. listed in services, receive­ Attachment 1. only audio and plus the Morelos business services I and II (including data and satellites electronic document distribution, video teleconferencing and voice communications) Monsterrat T.V., audio and all satellites data receive-only listed in

293 DA 89·1684 Federal Communications Commission Record 5 FCC Red No.2

Attachment 1 Netherlands T.V. receive-only Galaxy I, Satcom Antilles III-R and IV, Westar IV and V and Comstar D4 Turks & Caicos T.V., audio and all satellites data receive-only listed in Attachment 1 Venezuela T.V. receive-only. all satellites listed in Attachment 1

Notes 1) With the exception of Mexico and Canada, which were consulted separately, all services (i.e. T.V., audio and data receive-only) can be provided to any point over any of the satellites listed in Attachment 1 even through only certain services and satellites were initially requested. This can be accomplished through notifying INTELSAT with no additional consultation required. 2) Attachment 1 contains only those satellites that have been technically consulted with INTELSAT. 3) All. services authorized to Latin American/Caribbean locations are receive-only (i.e. can be received as a by-product of or incidental to U.S. domestic transmissions). 4) Attachment 2 does not contain all of the Latin American/Caribbean countries which have been included in previous charts. Attachment 2 contains only those countries that associated with the most recent INTELSAT Article XIV(d) consultation in October 1989 (AP-15-23E). Other countries will be added to the list once they associate with that consultation.

294 5 FCC Red No.2 Federal Communications Commission Record DA 89-1684

FOOTNOTES 1 100 FCC 2d 1046 (1985), recon. FCC 86-144, April 17, 1986, further recon. 1 FCC Red 439 (1986). 2 Although DETV requests authority to add the Anik satellite system to its existing domestic earth station license, it does not appear that such authority is necessary in light of DETV's previous authorization to use this station to communicate with the Anik satellite system to provide transborder service between the U.S. and Canada. See American Telephone and Telegraph Company, et al., 1 FCC Red 72 (1986). 3 See Attachments 1 and 2. 4 Satellite Business Systems, 88 FCC 2d 195 (1981). 5 Transborder Satellite Video Services, 88 FCC 2d 258 (1981). The same considerations are applicable where Canadian and Mexican domestic video services are received in the U.S. 6 See GE American Communications, Inc., 4 FCC Red 6351 (1989); and GTE Spacenet Corporation, 4 FCC Red 8183 (1989). 7 See Alpha Lyracom, d/b/a Pan American Satellite, DA 89-1604 (released December 18, 1989). PAS is authorized to provide service between the United States and Argentina, the Bahamas, Bolivia, Brazil, Chile, Colombia, Costa Rica, Den­ mark, the Dominican Republic, Ecuador, Federal Republic of Germany, France, Guatemala, Honduras, Ireland, Italy, Luxem­ bourg, Monaco, the Netherlands, Peru. Portugal, Sweden, and the United Kingdom.

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