9 FCC Red No. 12 Federal Communications Commission Record DA 94-589

policy. AT&T has already commenced construction of the Before the Telstar 402 satellite, construction is continuing, and the Federal Communications Commission requested extensions are brief. Grant of this extension Washington, D.C. 20554 would serve the public interest. 5. Accordingly, pursuant to Section 0.291 of the Com mission©s rules on delegations of authority, 47 C.F.R. § In the Matter of 0.291, IT IS ORDERED that Application File No. 15-DSS- MP/ML-94 IS GRANTED and the milestone schedule as AMERICAN File No. 15-DSS-MP/ML-94 specified in American Telephone and Telegraph Company, TELEPHONE AND 5 FCC Red 5590 (1990) IS MODIFIED as follows: TELEGRAPH Construction Launch COMPANY Completion

Application for Modification of Construction TELSTAR 402 May 1994 August 1994 Permit and License for the Telstar 402 Satellite FEDERAL COMMUNICATIONS COMMISSION

ORDER AND AUTHORIZATION

Adopted: May 27, 1994; Released: June 10, 1994 James R. Keegan Chief, Domestic Facilities Division By the Chief. Domestic Facilities Division: Common Carrier Bureau

1. American Telephone and Telegraph Company (AT&T) has applied to modify the milestone dates for its Telstar 402 domestic fixed-satellite. 1 No comments were filed on this application. For the reasons discussed below, AT&T©s application is granted. 2. AT&T was authorized to construct, launch and operate its Telstar 402 satellite in November 1988.2 The authoriza tion was modified in March 1990 and September 1990.3 This satellite is a hybrid satellite that will operate in both the 4/6 GHz (C-band) and the 12/14 GHz (Ku-band) fre quency bands. The C-band portion of this satellite is in tended to replace AT&T©s C-band Telstar 302 satellite, which is reaching its end-of-service life. Telstar 402 is assigned to 89 W.L. AT&T©s current milestone schedule for this satellite is:

Construction Launch Completion

TELSTAR 402 February 1994 May 1994

3. AT&T seeks a three-month extension of time in which to complete construction and launch of its TELSTAR 402 satellite. AT&T asserts that this extension is necessary be cause unanticipated technical problems resulting in failures of similar satellites by the same manufacturer. In identify ing and correcting these problems, the construction sched ule was delayed. In turn, a new contract was negotiated with the launch provider to allow for the delayed construc tion. Therefore. AT&T requests brief extensions of the au thorized milestone dates. 4. Generally, extensions of implementation milestone dates are granted when the delay in implementation is due to circumstances beyond the control of the licensee. The circumstances presented by AT&T are consistent with this

1 See Public Notice, Report No. 3 American Telephone and Telegraph Company, 5 FCC Red 2 American Telephone and Telegraph Company, 3 FCC Red 1184 (1990) and American Telephone and Telegraph Company, 6980 (1Q88). 5 FCC Red 5590 (1990).

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