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Home , Anik (satellite), Howland Island, Jarvis Island

9 FCC Red No. 3 Federal Communications Commission Record DA 94-70

INTELSAT system for the transmission of pro Before the gram material and related communications to points with Federal Communications Commission in the continental from the following points: , D.C. 20554 , , American . , , . . Johnson Atoll, , Midway Islands, Northern Marianna Islands. Palmyra In the Matter of Atoll and . In addition. NBC states that cir cumstances exist where use of the Canadian Anik system National Broadcasting File No. CSG-93-125-(6)-ML may provide a more expeditious means of reaching points within the continental United States from the state of Company, Inc. Alaska than use of INTELSAT. Consequently. NBC seeks authority to use the Anik system for the transmission of Applications for Authority to Modify the television program material and related communications Licenses of Six Temporary-Fixed Ku-band from points within the state of Alaska to points within the Earth Stations to Add the INTELSAT continental United States. and Anik Systems for the 3. In response, the Domsats state that there are a number Transmission of Television Signals of domestic capable of providing coverage between the continental United States and Alaska and Hawaii. The Between the Continental United States Domsats recognize that in certain limited circumstances, and Points Within Alaska. Hawaii. U.S. the Commission has allowed INTELSAT and Anik capacity Territories and Possessions to be used to provide domestic. United States service, i.e. cases where either (i) no suitable facilities were available to meet the needs of the applicant, or (ii) the domestic por MEMORANDUM OPINION, ORDER & AUTHORIZATION tion of the service was incidental to a primarily interna tional service. However, the Domsats state that NBC has Adopted: January 21, 1994; Released: February 1, 1994 not presented any facts in this case to support their request to use INTELSAT and Anik from Alaska and Hawaii at By the Chief. International Facilities Division: this time. NBC responds that these applications were filed for the purpose of obtaining advance authorization to use 1. On June 7, 1993. the National Broadcasting Company. these satellites in urgent situations when service from suit Inc. (NBC) filed the above-captioned applications request able Ku-band domestic satellites is not available. NBC states ing authority under Title III of the Communications Act of that it intends to first review whether a suitable domestic 1934, as amended, to modify the licenses of six of its satellite is available, and if not. then it would invoke its Ku-band domestic temporary-fixed transmit earth station authorization to use INTELSAT or Anik satellites. Thus. facilities (Call Signs E920144. E900504. E870839, E920143, NBC states it would eliminate the necessity to file an E870838, and E890799) to (i) add the INTELSAT satellite application and await grant of a license or Special Tem system as a point of communication for transmission of porary Authority (STA). television program material and related communications to points within the continental United States from Alaska. Hawaii, and other U.S. territories and DISCUSSION possessions in the South Pacific: and (ii) add the Anik 4. The Commission generally requires U.S. earth station satellite system as a point of communications for television operators to use domestic space station facilities for domes transmission to points within the continental United States tic services. We have, however, in certain circumstances, from Alaska. These applications were placed on the Com permitted such operators to access INTELSAT and other mission's public notice on June 23. 1993. Comments were countries' satellites for domestic services. For instance, pur separately filed by three domestic satellite providers, GTE suant to an exchange of letters between the United States Spacenet Corporation (GTE), GE American Communica and , circumstances were identified where it would tions. Inc. (GE). and Hughes Communications Galaxy, Inc. be in the interest of both countries not to preclude domes (Hughes)(collectively "the Domsats"). Reply comments tic satellite systems from providing as were filed by NBC and Hughes. sistance to the other. 1 One of these circumstances is the 2. NBC states that it seeks authority to access interna temporary shortage of adequate domestic facilities. Thus, to tional satellites from points within U.S. territories where gain access to a Canadian satellite, a domestic applicant use of the domestic satellite network may not be practical. must demonstrate that there are no domestic facilities avail In particular. NBC states that the states of Alaska and able to meet the applicant's needs.- In regard to Hawaii, and certain U.S. dependent territories in the Pa INTELSAT, the Commission has authorized the use of an cific Ocean do not fall within the "footprint" of any do INTELSAT satellite for domestic service only where the mestic satellite. Therefore, NBC seeks authority to use the domestic portion of the service is incidental to a primarily international service.3

1 See Exchange of Letters of November 1972 by Bertram W. international service. See also Exchange of Letters of August 24, Rein, Deputy Assistant Secretary for Transportation and Com 1982 by Allan Gotlieb, Ambassador of Canada, with Robert D. munications, U.S. Department of State, with K.B. WHliamson, Hormats, Assistant Secretary for Economic and Business Af Minister of the Embassy of Canada at Washington, and F.G. fairs, U.S. State Department. Nixon. Administrator, Management Bu 1 See Chevron Industries, Inc., 8 FCC Red 272ft (1993). reau, Canadian Department of Communications, setting forth •' See Comsat Communications Corporation. X FCC Red 157N steps to be followed in the event Telesat Canada institutes (1993).

557 DA 94-70 Federal Communications Commission Record 9 FCC Red No. 3

5. Upon review of the above-captioned applications and E900504. E870839, E920143. E870838. and E890799 to related comments, we find that only a partial grant of add the INTELSAT satellite system as a point of commu NBC's applications would serve the present and future nication for transmission of television program material public convenience and necessity. NEC has not demon and related communications to points within the continen strated that there is, or will likely be in the future, a lack tal United States from Alaska and Hawaii, and to add the of United States satellite capacity to serve Alaska and Ha Anik satellite system as a point of communications for waii. In addition, NBC has not shown that its planned use television transmission to points within the continental of INTELSAT capacity for service from Alaska and Hawaii United States from Alaska ARE DENIED. is incidental to a primarily international service. In es 10. This order is issued under Section 0.291 of the sence, NBC is asking for an advance blanket STA to utilize Commission's Rules, 47 C.F.R. § 0.291. and is effective INTELSAT and Anik whenever NBC believes it is neces upon adoption. Petitions for reconsideration under Section sary in order to provide service from Alaska and Hawaii. 1.106 or applications for review under Section 1.115 of the However, neither the Commission nor the public would Commission's Rules. 47 C.F.R. §§ 1.106, 1.115, may be know in advance how much capacity NBC was proposing filed within 30 days of public notice of this order (see to use, how long NBC proposed to use the service, what Section 1.4(b)(2), 47 C.F.R. § 1.4(b)(2)>. the nature of the proposed service would be. and whether any domestic capacity could have been made available. FEDERAL COMMUNICATIONS COMMISSION These are questions that should be answered each time NBC desires to use international satellites for domestic service. Otherwise, the Commission has no way of moni toring the use of international capacity to make sure it is consistent with its policies. Therefore. NBC should file an STA request each time it desires to use an international George S. Li satellite for domestic service from Alaska or Hawaii, unless Chief. International Facilities Division it can specify an existing permanent situation where U.S. Common Carrier Bureau satellites are not able to provide a service. 6. In regard to NBC's request to use INTELSAT satellites for service from other U.S. territories and possessions in the South Pacific region, we find that grant of this request would be in the public interest. These areas are not served by U.S. domestic satellites and therefore may be properly served by use of the INTELSAT system. 7. In conclusion, we find that the partial grant of NBC's applications to modify the licenses of six of its domestic temporary-fixed transmit earth station facilities (Call Signs E920144. E900504. E870839. E920143, E870838. and E890799) to add the INTELSAT satellite system as a point of communication for transmission of television program material and related communications to points within the continental United States from American Samoa and other U.S. territories and possessions in the South Pacific will serve the public interest, convenience and necessity. How ever, we do not find that it would be in the public interest to modify these earth stations' licenses to add the INTELSAT or Anik satellite systems as points of commu nications for television transmission to points within the continental United States from Alaska or Hawaii. 8. Accordingly, IT IS ORDERED, pursuant to Section 309 of the Communications Act of 1934, as amended, and Section 201(c) of the Act of 1962. as amended, that applications File No. CSG- 93-125-(6)-ML ARE GRANTED IN PART and the licenses of NBC's domestic temporary-fixed transmit earth station facilities call signs E920144. E900504. E870839. E920143. E870838, and E890799 are modified to add the INTELSAT satellite system as a point of communication for transmis sion of television program material and related commu nications to points within the continental United States from American Samoa, Baker Island. Guam. Howland Is land. Jarvis Island, Johnson Atoll, Kingman Reef, Midway Islands, Northern Marianna Islands. and Wake Island. 9. IT IS FURTHER ORDERED that the portions of NBC's applications File No. CSG-93-125-(6)-ML requesting authority to modify the licenses of domestic temporary- fixed transmit earth station facilities call signs E920144,

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