WPC4 2BJ Z Courier3|xBoldTimes New Roman@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\_)^X@26F :3|xCourierCourier Boldiptitional)HPLA4POS.PRSx  @hhhh:hX@CourierCourier BoldTimes New RomanTimes New Roman Boldman Italic2_ X!KmKQ <?xxx,2x6X@`7X@?xxx,)x `7X7jC:,Xj\  P6G;XP7nC:,%4Xn4  pG;X[dCYddddd7>d<d<$8YYdCCddooCYȾ)>F)))))))))<)C"VV5VYO5O5O5O5^<^<^<^>^<^C^F.".C.).CaC>>^CO"O6O)O0O"VCVVCVC^<^O=O)OFVCVCVCVCVCVCxVV>O5O5O5VCO)VCC.O)V<X<<( (WTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN+HH+@<)<<<<7. xApplicants seeking authority to construct, launch, and operate Big LEO systems also must  xmeet certain technical requirements. These requirements include: (1) using a nongeostationary  X - xLsatellite system design; (2) providing mobile satellite service to all locations as far north as 70o  X - xlatitude and as far south as 55o latitude for at least 75  percent of every 24hour period; (3)  xproviding continuous service throughout the fifty states, Puerto Rico, and the U.S. Virgin Islands;  X -and (4) preventing unacceptable interference to other authorized users of the spectrum.a 8 X7-ԍ 47 C.F.R.  25.143(b)(2); 47 C.F.R.  25.213. a   X-  8. xTRW has satisfied the system design and coverage requirements. Upon completion, the  xOdyssey system will consist of twelve satellites travelling in three nongeostationary satellite  x.orbits. At least one Odyssey satellite will be visible at all times in the fifty states, Puerto Rico,  XK- xand the U.S. Virgin Islands.f Ky8 Xu-ԍ TRW Amendment to Application at Attachment A at 5 . f In accordance with Section 25.143(b)(2) of the Commission's  X4- xyrules, the Odyssey system will provide service to other areas between 70o North and 55o South  X-latitudes at least 75 percent of the time.7*8 X-ԍ Id. 7  X-  09. xTRW's compliance with our rules on interference to other users requires more extensive  xdiscussion, however. Under Section 25.213(a) of the Commission's rules, TRW must protect the  xradio astronomy service ("RAS") in the 1610.61613.8 MHz band against harmful or unacceptable  xiinterference from Odyssey's Earthtospace transmissions. Our rules require mobile earth stations  xoperating within a fixed radius from RAS sites to terminate service during radio astronomy  xobservation periods, unless the mobilesatellite service ("MSS") licensee otherwise agrees with  xthe Electromagnetic Spectrum Management Unit ("ESMU") of the National Science Foundation.  xTRW proposes to comply with these rules by using beaconactuated protection zones in lieu of  xfixedradius protection zones where it has reached a coordination agreement with ESMU. In the  x0absence of an agreement, TRW says it "will implement precision position determination  X - xtechniques or completely shut down service in the relevant frequency bands . . . during periods" 0*&&@@"  X-of observation that have been duly notified to TRW."b8 Xy-ԍ Id. at Attachment A at 1011 (emphasis added). b  X-  10. xWe are uncertain whether TRW proposes to use the "shut down" method in conjunction  xwith or in lieu of precision position determination techniques. TRW's use of the "shut down"  xmethod in conjunction with position determination techniques would comply with our rules.  X- xHowever, the "shut down" method alone would not.]_y8 X-ԍ The "shut down" method requires precise knowledge of the satellite position and altitude, the orientation of the satellite, and the antenna pointing accuracy. TRW has not demonstrated how it would "shut down" the satellite antenna beams and how this would prevent a terminal from transmitting during periods of radioastronomy observations. Without a detailed technical showing, we cannot determine that TRW's use of the "shut down" method independent of precision position determination techniques would comply with Section  X--25.213(a)(1). ] Nonetheless, it is clear that TRW's  Xv- xproposed use of either the beaconactuated protection zones where it has reached an agreement  xwith ESMU, or the position determination technique satisfies Section 25.213(a). We have no reason to believe that TRW will fail to comply with these technical requirements.  X1-   X -  ]11. xTRW also must prevent harmful or unacceptable interference with the radio navigation xsatellite service, aeronautical radionavigation systems, and fixed stations operating pursuant to  X - xRadio Regulation 730.X 8 X=-ԍ 47 C.F.R.  25.213(b), (c) & (d). X To prevent interference with radionavigationsatellite services, TRW  xexpects that "mobile earth stations that comply with the e.i.r.p. [equivalent isotropically radiated  X - x[power] density levels . . . will be able successfully to operate with the Odyssey system."Q Q 8 X-ԍ TRW Amendment to Application at 11. Q We  xremind TRW, however, that all its mobile earth stations must comply with the specific e.i.r.p.  xrequirements stated in Section 25.213(b) of our rules in order to protect against unacceptable or  xharmful interference with radionavigationsatellite services. In accordance with Sections  x/25.213(c) and (d), TRW has acknowledged its obligation to refrain from causing harmful or  xunacceptable interference to, or claim protection from, aeronautical radionavigation stations  xoperating pursuant to Radio Regulation 732 and fixed service stations operating pursuant to Radio  X-Regulation 730.I 8 X!-ԍ Id. at 11 n.16, & 12. I  X-Other Technical Issues  X-  12. xTRW requests authority to operate in the 16101622.60 MHz frequency band in the event"0*&&@@"  X- xwe need to implement an interim sharing plan.8 Xy-ԍ TRW Amendment to Application at Attachment A at 2; Big LEO Order at  4953. Í We grant its request to operate in the 1612 x1622.60 MHz frequency band for the duration of our plan. The interim sharing plan will only  xbe implemented, however, if the 16101612 MHz frequency band is unavailable for mobile  xsatellite service operations when the first Big LEO system that is authorized to operate in that  xMband is launched. Consequently, we deny TRW's request to operate in the 16101612 MHz frequency bands while the interim plan is in effect.  X_-  13. xWe also deny TRW's proposal to use the 39004000 MHz and 61706180 MHz portions  xof the Cband for telemetry, tracking, and command subsystem ("TT&C") during the launch,  X1- xdeployment, orbit maintenance, and depositioning phases of its space stations.1y8 X[ -ԍ Id. at Attachment A at 26 and Table 3. TRW also proposes that, during normal onorbit  XD -operations, the TT&C functions will switch to the Kaband feeder link frequencies. These parts  xof the Cband are being used extensively by U.S.licensed domestic and separate satellite  xgeostationary, fixed satellite service ("GSO/FSS") systems. The feasibility of sharing a common  x{frequency band between nonGSO/FSS and GSO/FSS satellite systems has been studied  x[extensively by the Negotiated Rulemaking Committee and Task Group 4/5 ("TG4/5") convened  xby the International Telecommunication Union ("ITU") to prepare for the upcoming World Radio  X - xLConference ("WRC95"). 8 Xk-ԍ ITU Task Group 4/5, Contribution to the Consolidated CPM Report to the WRC95,  XT-December 5, 1994. (ITU Task Group 4/5 is a Task Group of Study Group 4 concerning the fixed satellite service.) TG4/5 indicated that codirectional sharing between nonGSO/FSS  xand GSO/FSS in these frequency bands is not practical and may not even be possible. In the  xabsence of a technical showing by TRW concerning interference and sharing in the 4/6 GHz  xband, we will not permit TRW to use the 39004000 MHz and 61706180 MHz bands for TT&C operations.  X-  14. xIf TRW operates Odyssey within the technical parameters it proposes and in accordance  xwith the restrictions stated above, we are satisfied that TRW will meet the technical requirements detailed in Sections 25.143(b)(2) and 25.213.  X-Feeder Links.  X-  015. xTRW has requested feeder links in the 29.730.0 GHz (Earthtospace) and 19.820.1 GHz  X|- x(spacetoEarth) frequency bands.P|8 X#-ԍ TRW Amendment to Application at 7. P As stated in our Big LEO Order, we are not in a position"|G 0*&&@@"  X- xzto assign feeder link frequencies unconditionally to any licensee./8 Xy-ԍ Big LEO Order at  166; Accordingly, we will not implement a construction milestone until authority to launch and operate a mobile satellite system using specific feeder link  XK-spectrum is granted. See id. at  189. / Therefore, we will grant qualified applicants the authority  xto construct, at their own risk, mobile satellite systems capable of operating on the feeder link  xfrequencies they have requested. We believe this is the type of "conditional" license  X- x.contemplated by the Big LEO Order.NK8 X -ԍ Big LEO Order at  166. N We will defer acting on requests to launch and operate  xusing specific feeder link frequencies until that spectrum is available for assignment to Big LEO  xzfeeder links, and sufficient spectrum is available to satisfy the feeder link requirements of all  X_-licensed Big LEO systems, regardless of frequency band.b_8 X -ԍ Big LEO Order at  166. We will afford permittees and applicants an opportunity to revise their requested feeder link bands, if necessary. Consistent with our usual practice, we will place revised requests on public notice and will provide the public an opportunity to  X-comment. b  X1-  16. xHughes Communications Galaxy, Inc. ("HCG") asserts that it is premature to license 28  X - xGHz band (Kaband) feeder links to TRW, whether conditionally or unconditionally.e h 8 X3-ԍ HCG, Consolidated Comments, (Dec. 22, 1994) at 2. e HCG has  xjfiled an application for a domestic and global fixed satellite system that would use the 27.530.0  xand 17.720.2 GHz frequency bands, some of the same frequencies proposed by TRW for feeder  x0links. HCG argues that it is entitled to have its application considered concurrently and  X - xcomparatively with TRW's feeder link proposal.P  8 X-ԍ HCG, Reply, (Jan. 13, 1995) at 10. P The Commission recently conducted a  xNegotiated Rulemaking Committee proceeding in an attempt to devise a sharing solution that  X- xwould accommodate all services proposed in this band. 8 X -ԍ Local Multipoint Distribution Service, 9 F.C.C. Rcd. 1394 (1994) ("28 GHz  X-Proceeding"). Ù The negotiations concluded without the parties reaching a sharing arrangement.  XK-  /17. xWe reject any assertion, however, that a license authorizing construction at the permittee's  X4- x!own risk would preordain the outcome of the ongoing 28 GHz Proceeding.H4d8 XI$-ԍ The Commission has a number of issues related to allocations of spectrum for Big LEO  X2%-feeder links separately before it in several pending proceedings, including the 28 GHz"2%0*&&W%"  X-Proceeding and Preparation for the World Radio Conference, 9 F.C.C. Rcd. 2430 (1994). Moreover, TG4/5 convened to prepare for the upcoming WRC95, has concluded that Big LEO feeder links should not be authorized in the 29.530.0 GHz frequency band. If this is done at WRC95, any Big LEO feeder link operation in that band will be subject to Radio Regulation 2613; that is, LEO satellites will be required to cease operation if LEO operations cause unacceptable interference to a geostationary satellite fixed satellite service system. In addition, it may have to accept interference from future GSO/FSS systems after the launch  X-and initiation of the Odyssey system.  A grant of"40*&&@@H"  x.construction authority to TRW is in no way to be construed as a predisposition on any of the  xLissues in the 28 GHz Proceeding, nor as a foreclosure of our options with respect to feeder link  X- xassignments to other Big LEO licensees.H8 X[ -ԍ We note that this authorization does not permit TRW to construct and operate mobile satellite service earth terminals or gateway earth terminals. Gateway earth stations will be licensed in accordance with technical requirements for the frequency band to be used. Also, standards are currently being developed to assure that mobile satellite service earth terminals, the Global Positioning System, and the Global Orbiting Navigation Satellite System  X-("GLONASS") can coexist in adjacent frequency bands. See Memorandum of Understanding  X-Between the FCC, NTIA and FAA, Pubic Notice 50736, November 19, 1994.  All Big LEO applicants, including TRW, are on  xnotice that any construction that they undertake in reliance on their individual feeder link requests in this proceeding is at their own risk.  Xv-  18. xHCG also argues that TRW's feeder link request constitutes a major amendment within  X_- xthe meaning of Section 25.116(b)(1) and (c)(1) of our Rules. _8 X-ԍ TRW originally requested approximately 100 MHz of feeder link spectrum in each of the 29.530.0 and 19.720.2 GHz frequency bands. It now seeks 300 MHz of feeder link spectrum in the 29.730.0 and 19.820.1 GHz frequency bands. In the Big LEO Order, the  xyCommission afforded applicants the opportunity to amend their applications to bring them into  X1- xconformance with newly adopted requirements and policies for satellite systems.V!1k8 XM-ԍ Big LEO Order at  58 & 59. V It noted, for  xZexample, that a change from a geostationary satellite system configuration to a nongeostationary  x=satellite system configuration to meet our system design requirement, or a change in coverage  xpatterns to conform with our satellite visibility requirements, would not affect a particular  xjapplication's status in the processing group. The Commission also indicated, however, that "a  X - xchange that is not necessary to bring the application into conformance with our rules and which  xwould increase frequency conflicts," would render the application newly filed under Section" !0*&&@@ "  X- x25.116 of our Rules.T"8 Xy-ԍ Id. at  59 (emphasis added). T As an example, it stated that a design change from a CDMA to a  xTDMA/FDMA system, which would not facilitate spectrum sharing, would be a major  xamendment. Such applications would be considered in a future processing group, after January 1996.  X-  19. xTRW redesigned its system to facilitate the spectrum sharing plan adopted in the Big LEO  Xv- xOrder by increasing the number of end users that can be served simultaneously. It appears that  x=TRW's feeder link requests were a consequence of this redesign. Therefore we do not believe  xthe changes in TRW's feeder link proposal should be considered major. Furthermore, even if  xthe amendment were considered major within the meaning of Section 25.116 of the Rules, we  xkwould waive that rule in this case because (1) the modified system serves public interest by  xincreasing system capacity and spectrumuse efficiency in the service links; (2) feeder link  xspectrum is for a use ancillary to the use of Big LEO spectrum; (3) the service is at a relatively  xearly stage of development in which its spectrum requirements are still being addressed; and (4)  xany third parties who might be adversely affected by feeder link allocations will have a full  xopportunity to address potential interference concerns in other pending proceedings in connection  x=with any further amendments to or modifications of TRW's feeder link proposal. Accordingly, we decline to treat TRW's application as newly filed.  XK- Regulatory Treatment.  X-  ]20. xIn accordance with our authority under Section 332(c)(5) of the Communications Act, 47  X- xU.S.C.  332(c)(5), we grant TRW's request that it be regulated as a noncommon carrier.G#y8 X0-ԍ 47 C.F.R.  332(c)(5). G As  X- xwe determined in our Big LEO Order, Big LEO space station licensees providing service directly  xto end users must be regulated as common carriers if the service offering meets the definition of  X- xcommercial mobile radio service ("CMRS").N$*8 X-ԍ Big LEO Order at  174. N However, if a Big LEO licensee offers space  xLsegment capacity to a reseller or other entity who then offers CMRS to end users, we have the  xdiscretion to determine whether to require the licensee to offer such service on a common  X|- x[carriage basis or to permit the offering to be made on a private carriage basis.D%|8 X!-ԍ Id. at  175. D We concluded  Xe- xin the Big LEO Order that there does not appear to be a need to impose common carrier  XN- xKrequirements on Big LEO licensees offering space segment capacity to resellers.D&N8 X$-ԍ Id. at  179. D Because TRW"N = &0*&&@@"  X- xdoes not plan to provide space segment capacity on Odyssey directly to end users,Q'8 Xy-ԍ TRW Amendment to Application at 13. Q we will allow TRW to operate as a noncommon carrier.  X- Legal Qualifications.  X-  21. xMCHI claims that TRW is not qualified to become a licensee because TRW owned 19.9  xjpercent of the common stock of Engineering Technologies Inc. which was the parent company  X_- xLof Defense Systems, Inc.b(_y8 X -ԍ MCHI Consolidated Petition to Deny at 32 n.51. b Defense Systems, Inc. was, in turn, an original minority investor in  xConstellation Communications, Inc., another Big LEO applicant. This argument is wholly without merit. Our rules do not prohibit multipleownership of satellite systems.  X -  Effect of Decisions on Other Applications  X -  X -  l22. xIn other decisions released today, the Bureau defers action on the applications of MCHI  X - xand Constellation until January 1996. Based on the intraservice sharing plan adopted in the Big  X - xLEO Order, it may not be possible to grant all remaining applications for Big LEO licenses.  x[Nonetheless, in granting TRW's application we insulate TRW from any mutual exclusivity that  x.may arise among the remaining applicants. In other words, while TRW's license is conditional  xin some respects, it will not be affected in any way if the Commission determines that all three  xjof the remaining applicants are qualified for the two remaining licenses that can be awarded for the currently available spectrum.  X-C III. Ordering Clauses TP  X-  23. xAccordingly, IT IS ORDERED that Application File Nos. 20 DSSP91(12), CSS91015,  X- x\17SATLA95, and 18SATAMEND95 ARE GRANTED, and TRW Inc. IS AUTHORIZED  x to construct a mobile satellite system capable of operating in 16101626.5/2483.52500 MHz  xfrequency bands in accordance with the technical specifications set forth in its applications and consistent with our rules unless specifically waived herein.  XN-  24. xIT IS FURTHER ORDERED that TRW Inc. IS AUTHORIZED to launch and operate  xtwelve lowEarth orbiting space stations and two technically identical spares during the license  x/term for the purpose of providing a mobile satellite service in the United States in the 1610 x1621.35/2483.52500 MHz frequency bands in accordance with the technical specifications set  X- x=forth in its applications and consistent with our rules unless specifically waived herein. In the  x/event the 16101612 MHz band is not available for mobile satellite service operations in the  x>United States, TRW Inc. IS AUTHORIZED to operate in the 16121622.60/2483.52500 MHz bands."! *(0*&&@@ "Ԍ X-  @ԙ25. xIT IS FURTHER ORDERED that TRW Inc. IS AUTHORIZED to construct, at its own  xrisk, a mobile satellite system capable of operating with feeder links in the 29.730.0/19.820.1  xGHz frequency bands in accordance with technical specifications set forth in its applications and consistent with our rules unless specifically waived herein.  X-  "26. xIT IS FURTHER ORDERED that TRW Inc. IS AUTHORIZED to offer space segment  Xv-capacity on its satellite system on a noncommon carriage basis.  X_-  XH-  m27. xIT IS FURTHER ORDERED that the license term for the space station constellation is  xten years and will commence on the date the licensee certifies to the Commission that the first  xjsatellite in the system has been successfully placed into orbit and that the first transmission to  X -or from that satellite in the authorized frequency bands has occurred.    X -  #28. xIT IS FURTHER ORDERED that this authorization is subject to the completion of  xconsultations under Article XIV of the INTELSAT Agreement and Article 8 of the INMARSAT  xConvention. Upon completion of these consultations, and notification by the Department of State  x.that the United States has fulfilled its international obligations with respect to INTELSAT and INMARSAT, no further action by this Commission will be required.  XK-  |29. xIT IS FURTHER ORDERED that TRW Inc. will prepare any necessary submissions to  xthe International Telecommunication Union (ITU) and to affected administrations in order to coordinate these space stations in accordance with the ITU Radio Regulations.  X-  30. xIT IS FURTHER ORDERED that the temporary assignment of any orbital planes, or of  xany particular frequencies, to TRW Inc. is subject to change by summary order of the  xCommission on 30 days' notice and does not confer any permanent right to use the orbit and  x{spectrum. Neither this authorization nor any right granted by this authorization, shall be  xtransferred, assigned or disposed of in any manner, voluntarily or involuntarily, or by transfer of  xcontrol of any corporation holding this authorization, to any person except upon application to  xthe Commission and upon a finding by the Commission that the public interest, convenience and necessity will be served thereby. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Scott Blake Harris x` `  hh@Chief, International Bureau  X#- "Q% (0*&&@@ $"Ԍ X-