WPC0 2B;J Courier X-#XP\  P6QXP#3|j0_1HPLAS4.PRS 4x  @\_)^X@2 %6q Z0Times New RomanTimes New Roman Bold P6QXP#3|oHP LaserJet 4_230_1HPLAS4.PRS 4C\  P6Q\_)^PTimes RomanTimes Roman BoldTimes Roman Italic2K=vpko"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""service must demonstrate the financial qualifications set forth in Section 25.143(b)(3) of the  xCommission's rules, 47 C.F.R.  25.143(b)(3). Specifically, an applicant must demonstrate that  xit has the financial resources to meet the estimated costs of constructing and launching the system  xas well as operating it for one year after launch of the first satellite. This can be demonstrated  xthrough evidence of the company's current assets, operating revenues, or irrevocably committed  Xy- xdebt or equity financing.uXy9 yO- xJԍSection 25.143(b)(3) incorporates, as part of its financial qualification requirements, Sections 25.140(c) and (d)  xof the Commission Rules, 47 C.F.R.  25.140 (c) and (d), which specify the necessary financial information that must be submitted to meet the financial qualification requirements.u Any applicant relying on internal funding must also submit evidence  x>of a firm management commitment to spend the necessary funds. Motorola states it will be  x=relying on its parent corporation, Motorola, Inc., for the necessary funds, and has submitted a  X4- x.balance sheet and commitment letter from Motorola, Inc.49 yO-#C\  P6QP#эSee Motorola Minor Amendment (Nov. 15, 1994), at Exhibit 1. Motorola, Inc.'s total current assets  X- xat the end of the third quarter of 1994 were $8.471 billion.=x9 yOF-ԍId. at 5.= Motorola estimates total costs of  xjconstructing and launching the Iridium system and operating it for one year after the launch of  X-its first satellite to be $3.759 billion.= 9 yO-ԍId. at 4.=  X-  X-  6.xMCHI alleges that Motorola has failed to provide the Commission with information  xsufficient to ensure its compliance with our financial requirements. First, MCHI claims Motorola  xxcannot rely on the current assets and operating revenues of its parent because it intends primarily  X|- xto fund its system from external sources and not internal assets or income.n |9 yO#-ԍMCHI Consolidated Petition to Deny (Dec. 22, 1994), at 15.n MCHI submits that,  Xe- xbased on Motorola's stated intent to seek external financing, it cannot reasonably claim at the"e( 0*(("  X- xsame time to rely on internal funding. 9 yOy- xԍId. at 6; see id. at Exhibit 5 (excerpts of Motorola, Inc. SEC Form 10Q at Liquidity and Capital Resources Section). MCHI also argues that Motorola's reliance on internal assets, despite its intent to seek outside sources of funding, calls its candor into question.  X-  07. xAs Motorola notes in its opposition and reply comments, the Big LEO Order states that  x"[t]he availability of internal funds sufficient to cover a system's costs provides adequate  xLassurance at the time the Commission acts on the application, that the system can be built and  Xv- xlaunched. Current assets provide a general measure of a company's ability to finance the project  X_- x@itself or to raise funds from lenders and equity investors on the basis of its ongoing  XH- xoperations." H 9 yO - xԍSee Big LEO Order at  31 (emphasis added); Motorola's Consolidated Opposition and Reply Comments (Jan. 3, 1995), at 2 ("Motorola Opposition"). Motorola, Inc. has submitted evidence to show that it has current assets and  xoperating income sufficient to construct the system, and has  provided an unequivocal statement  X - xthat it intends to expend the funds necessary to construct the proposed system.  x9 yOC- xԍMotorola asserts that approximately $1.6 billion has been raised from strategic partners around the world. See Motorola Amendment at 5.X01Í ÍX01Í Í The  X -Commission's rules and policies do not require more.  X % yO- x#eJ\  PCCP##]\  PCP##]\  PCP#эWe have also reviewed the alleged inconsistencies between Motorola's statements to the Commission and its  xstatements in SEC filings concerning its financing plans. We conclude that the statements are consistent with Motorola, Inc.'s management commitment and raise no substantial, material question of fact as to Motorola's candor.   X -  8. x MCHI also contends the management commitment letter does not commit Motorola, Inc.,  xto cover the full costs of the Iridium system, but only the costs of its subsidiary Motorola, in  X - x-connection with the project. % yOH-#]\  PCP##]\  PCP#эSee MCHI Consolidated Petition to Deny at 1415. Motorola represents that Motorola, Inc., is contractually bound to  x>design, construct, launch, operate, and maintain the Iridium system, and Motorola's cost in  Xy- xconnection with the system amounts to the total construction, launch, and operating expenses.y % yO-#]\  PCP##]\  PCP#эMotorola Opposition at 6.  xMCHI also asserts that Motorola's management commitment letter omits any reference to launch  xcosts, indicating that Motorola, Inc. has not committed itself to meeting the cost of launching all  X4- xof the satellites.4% yO!-#]\  PCP##]\  PCP#эSee MCHI Consolidated Petition to Deny at 15. This argument is based on the omission of the word "launch" from a sentence  X- xLin Motorola's management commitment letter,y% yOn$-#X\  P6G;P#эSee Motorola Amendment at Exhibit 1.y which states: "[T]he parent corporation is fully  xcommitted to meeting the construction costs and operating expenses of the subsidiary in  xKconnection with its proposed IRIDIUM system." However, the letter goes on to state that "[T]he  X- xcorporation's assets are sufficient to meet the costs of construction and launch of the entire"00*(("  X- x[constellation as well as the operating expenses for one year after launch of the first satellite."% yOy-#X\  P6G;P##X\  P6G;P#эId. (emphasis added).  xMoreover, in its opposition, Motorola submitted an explanatory Declaration of Mr. Koenemann,  xthe Executive Vice President and Chief Financial Officer of Motorola, Inc. Mr. Koenemann  xconfirms that his earlier letter fully commits Motorola, Inc.'s management to funding the entire  X- xsystem, including launch costs.X% yO-#]\  PCP#эSee Motorola Opposition at Exhibit 1 at 2.#]\  PCP#Ѧ We find this management commitment letter more than sufficient to demonstrate Motorola, Inc.'s commitment to funding the entire project.  X_-  @9.xMCHI also alleges that control over the Iridium system has passed from Motorola to  xZIridium, Inc. and consequently disqualifies Motorola from consideration in the current processing  X1- xgroup.1% yO -#X\  P6G;P##]\  PCP##]\  PCP#э  MCHI Consolidated Petition to Deny at 16 and 19. This argument is based upon a contract between Iridium, Inc., and Motorola, Inc. and  x.statements in Motorola, Inc.'s SEC disclosures regarding Iridium, Inc. The contract addresses  xLthe schedule which Motorola is to follow in constructing its system and obligates Iridium, Inc.  xto make payments as the schedule is met. It also contains limitations on Motorola, Inc.'s liability  xto Iridium, Inc. MCHI argues the contract shifted all control and ownership of the Iridium  X - xsystem from Motorola to Iridium, Inc. x% yO-#]\  PCP##]\  PCP#эId. at 18, Exhibit 4, and Exhibit 5. Motorola responds that under this contractual  x>arrangement, Iridium, Inc. is the investment vehicle by which Motorola is pursuing external  X- x[financing for the system.% yOI-#X\  P6G;P#эMotorola, Inc. has reduced its ownership in Iridium, Inc. from 100% to approximately 29%. Motorola represents that it retains exclusive control over, and sole  xxresponsibility for, obtaining a license for the system as well as constructing, launching, operating,  Xb-and maintaining the entire system.b% yO-#]\  PCP##]\  PCP#эMotorola Opposition at iii.  X4-  !10.xTo the extent that MCHI argues that the Motorola, Inc.Iridium, Inc. contract undercuts  xjMotorola, Inc.'s management commitment to the Iridium system, we reject that argument. With  xor without the contract, Motorola will be the licensee for this system, with ultimate responsibility  xfor construction, launch, and operation. Motorola represents that Motorola, Inc. is contractually  xbound to perform these responsibilities, and Motorola, Inc. has firmly committed to do so.  x=Nothing in the Motorola, Inc.Iridium, Inc. contract shifts Motorola's ultimate responsibility or vitiates the firm financial commitment on which it relies.  X|-  11. xThere is no indication in the Motorola, Inc.Iridium, Inc. contract that Motorola has  Xe- xrelinquished ultimate responsibility for the satellite system to Iridium, Inc. or that title has passed  x to Iridium, Inc. Consequently, we cannot find that an impermissible transfer of control or a  xmajor change of ownership has taken place or that trafficking has occurred. Even if a "major"  xchange in Motorola's ownership had occurred, we would find these ownership changes to be in" ( 0*(("  X- xthe public interest pursuant to Section 25.116(c)(2) of the Commission's Rules.e% yOy-#X\  P6G;P#э47 C.F.R.  25.116.e We also reject  x.MCHI's argument that the Motorola, Inc.Iridium, Inc. contract impermissibly transfers control  xzof the Iridium system to Iridium, Inc. Furthermore, in the significant amount of time that has  x-passed since the Big LEO applications were filed, several of the applicants have entered into new  xKbusiness arrangements to take advantage of new financing possibilities. We recognize that some  x!of these changes might be considered "major amendments" under Section 25.116 of the  Xv- xCommission's Rules.evX% yO -#X\  P6G;P#э47 C.F.R.  25.116.e Such a finding would normally require that the application be considered  x.newly filed, and therefore ineligible for consideration in the processing group currently before  xus. However, our overriding concern in determining whether a "major amendment" has occurred  X1- xLis whether the applicant has attempted to profit from the sale of an application. 1% yO - xL#X\  P6G;P#эIn this regard, the Big LEO service differs from services in which multiple or crossownership rules may  xrequire closer review of ownership changes. Furthermore, the Big LEO applicants have each proposed to operate  xas private carriers. Thus, concerns about ownership changes that may violate Section 310(b) of the Communications Act are considerably diminished. Unless there  xis evidence of this, we see no reason to prevent applicants from procuring partners to help to  xfinance the enormous cost of these systems. We therefore find, on the entire record before us, that Motorola is financially qualified to be a Commission licensee in the Big LEO service.  X -  12.x Technical Qualifications. Applicants seeking authority to construct and launch Big LEO  xLsystems also must meet certain technical requirements. These requirements include: (1) using  xa nongeostationary satellite system design; (2) providing mobile satellite service to all locations  Xy- xas far north as 70o latitude and as far south as 55o latitude for at least 75 percent of every 24 x[hour period; (3) providing continuous service throughout the fifty states, Puerto Rico, and the  xU.S. Virgin Islands; and (4) preventing unacceptable interference to other authorized users of the  X4-spectrum.4% yO-#]\  PCP##]\  PCP##]\  PCP##]\  PCP#э47 C.F.R.  25.143(b)(2); 47 C.F.R.  25.213.   X-  ] 13.x Motorola demonstrates that its proposed LEO system will comply fully with our system  xdesign and coverage requirements. The Iridium system satellites use nongeostationary satellite  xorbits and will provide continuous global coverage with approximately 2,150 transmission  X- xbeams.` % yO!-#]\  PCP##]\  PCP##]\  PCP#эMotorola Amendment at Exhibit 3 p.1. Iridium will also cover the contiguous United States as well as Alaska, Hawaii, Puerto  X- xRico, and the U.S. Virgin Islands. % yOK$-#]\  PCP##C\  P6QP#эId. However, several parties have raised the possibility that  X-Iridium's operations will cause unacceptable interference to other authorized services. "| 0*((n"Ԍ X-  14.xSection 25.213(a)(2) of the Commission's rules,k% yOy-#X\  P6G;P#э47 C.F.R.  25.213(a)(2).k requires that space stations transmitting  xin the spacetoEarth direction in the 1613.81626.5 MHz band take whatever steps are necessary  xto prevent harmful interference to the United States' radio astronomy facilities during periods of  X- xobservation.X% yO-#]\  PCP##]\  PCP#эThese facilities are listed in Section 25.213(a)(1)(i)(ii). Motorola indicates that it will fully coordinate Iridium's operations with the radio  X- xastronomy community. % yO= -#]\  PCP##]\  PCP#эMotorola Amendment 1994 Exhibit 4 at 1. It provides a copy of a Memorandum of Understanding (MOU) between  xZitself and the National Radio Astronomy Observatory, which outlines the conditions under which  Xv- x Iridium may operate in the United States.!vx% yO -#]\  PCP##]\  PCP##]\  PCP#эId at attachment E42. The MOU, however, only applies to two of the  xfifteen radio astronomy sites identified in Section 25.213(a). Motorola represents that similar  xagreements will be negotiated with respect to the other radio astronomy sites. We require  X1- xMotorola to complete all radio astronomy site coordination before it initiates operation of the  xIridium system. We also remind Motorola that it will have to terminate operations if unacceptable interference should occur to Radio Astronomy observation.  X -  N15.xMotorola complies with all other interservice sharing requirements, including power flux  xdensity requirements for its inband and intersatellite links. COMSAT, however, alleges that  xLMotorola's proposed downlink operation in the 1.6 GHz band might cause harmful interference  x/to existing Inmarsat geostationary satellite receivers in the adjacent spectrum above 1626.5  Xy- xMHz."Xy% yO2- x<#]\  PCP##]\  PCP##]\  PCP#эCOMSAT Corporation Comments on Minor Amendment (Dec. 22, 1994), at 2. American Mobile Satellite  x[Corporation, ("AMSC") also expressed its support for the concerns raised by COMSAT, in AMSC's Reply on January 13, 1995 to Motorola Opposition. No technical analysis has been performed demonstrating that interference is likely, nor  xcan we find on the basis of the technical proposals before us that Iridium's operations will  x<interfere with those of Inmarsat. Nevertheless, Motorola must take into account the International  xTelecommunication Union (ITU) Radio Regulations 301, 305, and 306 and our domestic  X- xyrequirement for emissions in Section 25.202 of our rules.s#( % yO-#X\  P6G;P#эSee 47 C.F.R.  25.202(f). s We also recognize AMSC's concern  xover Motorola's omission of outofband emission specifications in Motorola's Amendment.  xAMSC can be assured however, that Motorola must comply with domestic and international emissions requirements as stated above.  X-  16.xConstellation requests that we explicitly condition Motorola's license on its ceasing  xoperation in the event that it causes unacceptable interference to any Big LEO system operating  X|- xin the Earthtospace transmission direction in the 16101626.5 MHz band.$| % yO&-#]\  PCP#эSee Constellation Consolidated Comments, filed December 22, 1994, at 3. Constellation is"|H $0*((P"  xapparently concerned that Motorola's downlink transmissions, which have secondary status under  xboth the international and domestic Table of Frequency Allocations, will interfere with other Big  X- xLEO systems' uplink transmissions in that band, which have primary status.+% % yOK- x#]\  PCP#э"Primary" services have equal rights to operate in particular frequencies. Stations operating in primary services  xare protected against interference from stations of "secondary" services. Moreover, stations operating in a secondary  yO- xservice cannot claim protection from harmful interference from stations of a primary service. See Big LEO Order at 7 n.21; 47 C.F.R.  2.104(d) and 2.105 (c).+ We will not  xinclude such a condition in Motorola's license. Every space station license is conditioned on  xcompliance with all of the Commission's rules, including the requirement that systems operating  X-under a secondary services allocation not cause harmful interference to primary services. (#(#Xx  X_-  {17.x Feeder Links. Motorola has requested gateway feeder links in the 19.419.6 GHz (space XH- xtoEarth) and 29.129.3 GHz (Earthtospace) frequency bands. As stated in our Big LEO Order,  x[we are not in a position to assign specific feeder link spectrum unconditionally to any Big LEO  X - xlicensee.Q& % yO{- x#]\  PCP#эBig LEO Order  166. Accordingly, we will not impose any construction milestone until authority to launch  yOC-and operate a mobile satellite system using specific feeder link spectrum is granted. Id. at  189. Q Therefore, we will grant qualified licensees the authority to construct, at their own  X - x.risk, mobile satellite systems capable of operating with the feeder links they have requested.G' % yO- xK#X\  P6G;P#эMotorola's request for a waiver of Section 319(d) of the Communications Act, 47 U.S.C.  319(d), to allow  yO-it to continue construction, at its own risk, is rendered moot by this decision. See 22SATMISC95.G  xMWe will defer acting on requests to launch and operate using specific feeder links until that  xjspectrum is available for allocation to Big LEO feeder links, and sufficient spectrum is available  xjto satisfy the feeder link requirements of all licensed Big LEO systems, regardless of frequency  X - x-band.|(X ` % yO- x#X\  P6G;P#эId. We will afford permittees and applicants an opportunity to revise their requested feeder link bands, if  xinecessary. Consistent with our usual practice, we will place any revised requests on public notice and will provide the public an opportunity to comment.| We believe this is the sort of "conditional licensing" envisioned by the Big LEO Order.o) % yO-#X\  P6G;P#эBig LEO Order at  166.o  Xb-  18. xHughes and Video/Phone assert that it is premature to license 28 GHz band (Kaband)  x<feeder links, whether conditionally or not. Hughes and Video/Phone have applied to build a fixed  xksatellite system and local multipoint distribution service (LMDS) system, respectively, that  xwould operate in Motorola's proposed feeder link frequencies. Hughes argues that granting  x0feeder link frequencies to Motorola could preordain the outcome of the pending 28 GHz  x"Rulemaking and deprive Hughes of the right to have its 28 GHz proposal considered  X- x-simultaneously with Motorola's feeder link proposal.*% yO%-#C\  P6QP#эConsolidated Comments of Hughes (Dec. 22, 1994), at 2.#Xj\  P6G;XP# Video/Phone asserts that these proposed  x.feeder link bands will encumber LMDS system operations and asks the Commission to require  x-Motorola to increase Earthtospace feeder link equivalent isotropically radiated power ("e.i.r.p.")"*0*((p" by at least 10 dBW.(+ b { yO- x#]\  PCP##C\  P6QP#эSee Video/Phone Conditional Petition to Deny (Dec. 22, 1994), at 67. Video/Phone contends that this would  xKallow for a more intensive and economical utilization of the spectrum by LMDS operators. Earth station power  xlevels will not be dealt with in this proceeding. We therefore will not require Motorola to increase its Earthtospace feeder link e.i.r.p.(  X4-  019.xThe Commission recently conducted a Negotiated Rulemaking in an attempt to devise a  xsharing solution that would accommodate all services proposed in this band. The negotiations  xended without the parties reaching consensus on a sharing arrangement. We reject any assertion,  xhowever, that a license authorizing construction at the permittee's own risk would preordain the  xoutcome of the 28 GHz Rulemaking Proceeding or would otherwise restrict the Commission's"+0*(("  X- x>options in assigning this frequency band.,X{ yOy- xZ#]\  PCP#эSee In the Matter of Rulemaking to Amend Part 1 and Part 2 of the Commission's Rules to Redesignate the  x27.529.5 GHz Frequency Band and to Establish Rules and Policies for Local Multipoint Distribution Service, 9 F.C.C. Rcd. 1394 (1994) ("28 GHz Proceeding"). Awarding a grant of construction authority to  xMotorola is in no way to be construed as a predisposition on any of the issues in the 28 GHz  xyProceeding, nor as foreclosing our options with respect to feeder link assignments to other Big  xLEO satellite system licensees. Furthermore, all Big LEO applicants, including Motorola, are on  xnotice that any construction that they undertake in reliance on their individual feeder link requests  X-in this proceeding is at their own risk. #Xj\  P6G;9XP#  X_-  20.x Hughes argues that Motorola's amended proposal to construct its feeder links across 200  x=MHz in each direction, instead of the 100 MHz it proposed in its initial application, constitutes  X1- xa major amendment within the meaning of Section 25.116(b)(1) and (c)(1) of our rules.-1{ yO -#X\  P6G;P##]\  PCP#эSee 47 C.F.R.  25.116(b)(1)(c)(1); see also Reply Comments of Hughes (Jan.13, 1995), at Exhibit 1.  xxAccording to Hughes, Motorola's proposal must therefore be considered a newly filed application  X - xoutside of this processing group. We disagree. The Commission expressly indicated in the Big  X - xkLEO Order that changes in Big LEO applications that resolve frequency conflicts with other  xpending applications, but do not create new or increased frequency conflicts, would not be treated  X - x=as major amendments.. x{ yO-#]\  PCP#эBig LEO Order at  58; see also 47 C.F.R.  25.116(c)(1). Motorola has indicated that it will not operate on more than 100 MHz  X - xof occupied bandwidth./ { yO`- x#]\  PCP#эAlthough Hughes indicates that Motorola's occupied bandwidth will now be 105 MHz, its calculations assume  xthe data rate of the gateway/tracking, telemetry, and control ("TT&C") links to be approximately twice the data rate  yO- xindicated in Motorola's application. See Motorola Amendment at Table RA1 (Rev 1). Although that table indicates  yO- xthat the satellites Motorola is constructing have the capability to operate at the data rates assumed by Hughes, Motorola does not indicate that it in fact intends to operate the satellites at those rates. Motorola's request to construct its feeder links across 200 MHz but to  xyoperate on only 100 MHz will provide it with global coordination flexibility and should alleviate  Xy- x[interference with other users.f0y { yO-#]\  PCP#эId. at Exhibit 5.f Therefore, we do not believe the changes in Motorola's feeder  xlink proposal should be considered as major. Furthermore, even if the amendment were  xconsidered major within the meaning of Section 25.116 of the rules, we would waive its  xZrequirements in this case because (a) the modified system serves the public interest by increasing  xsystem capacity and spectrumuseefficiency in the service links; (b) feeder link spectrum is for  xa use ancillary to the use of Big LEO spectrum; (c) the service is at a relatively early stage of  xkdevelopment in which its spectrum requirements are still being addressed; and (d) any third  xparties who might be adversely affected by feeder link allocations will have a full opportunity  X- xto address potential interference concerns in other pending proceedings.1XH { yO%- xJ#X\  P6G;P#эWe note that the Commission has a number of issues related to the allocations of spectrum for Big LEO feeder  yO&- xlinks separately before it in several pending proceedings, including the 28 GHz Proceeding and Preparation for the  yOJ'-World Radio Conference, (Notice of Inquiry in IC Docket No. 9431), 9 F.C.C. Rcd. 2430 (1994). Accordingly, we" h10*((" decline to treat Motorola's application as newly filed.  X-  21. xWe also note that this license does not authorize MSS earth terminals or gateway earth  xterminals. Gateway earth stations will be licensed in accordance with technical requirements for  xZthe frequency band to be used. Standards are also currently being developed to assure that MSS  x.earth terminals, the Global Positioning System, and the Global Navigation Satellite System can  Xv-coexist in adjacent bands.2v{ yO-#]\  PCP#эSee Memorandum of Understanding Between the F.C.C, NTIA and FAA, Public Notice 50736, Nov. 19, 1994.  XH-  22.x Regulatory Treatment. Pursuant to our discretion under Section 332(c)(5) of the  X1- xCommunications Act, we grant Motorola's request that it be regulated as a noncommon carrier.31X{ yO: -#X\  P6G;P#э#X\  P6G;P# 47 U.S.C.  332(c)(5).  X - x>As we determined in our Big LEO Order, Big LEO space station licensees providing service  x>directly to end users must be regulated as common carriers if the service offering meets the  X - xdefinition of commercial mobile radio serv#Xj\  P6G;9XP#ice ("CMRS").4 { yO-#]\  PCP##C\  P6QP#эBig LEO Order at  174. If a Big LEO licensee, however,  x[offers space segment capacity to a reseller or other entity who then offers CMRS to end users,  xwe have the discretion to determine whether to require the licensee to offer such service on a  X - xcommon carriage basis or to permit the offering to be made on a private carriage basis.5 x{ yO-#]\  PCP##C\  P6QP#эId. at  175. We  X- xMconcluded in the Big LEO Order that there does not appear to be a need to impose common  Xy- xxcarrier requirements on Big LEO licensees offering space segment capacity to resellers.e6y{ yO2-#]\  PCP#эId. at  179.e Because  xMotorola does not plan to provide space segment capacity on Iridium directly to end users, we will allow Motorola to operate as a noncommon carrier.  X4-  X-  23.xEffect of Decisions on Other Applications. In orders released today, the Bureau defers  x!action on the applications of MCHI and Constellation until January 1996. Based on the  X- xintraservice sharing plan adopted in the Big LEO Order, it may not be possible to grant all  xremaining applications for Big LEO licenses. Nonetheless, in granting Motorola's application we  xinsulate Motorola from any mutual exclusivity that may arise among the remaining applicants.  xIn other words, while Motorola's license is conditional in some respects, it will not be affected  x[in any way if the Commission determines that all three of the remaining applicants are qualified  X|-for the two remaining licenses that can be awarded for the currently available spectrum.   XN- GIII. Ordering Clauses ă  X -  m24.xAccordingly, IT IS ORDERED that Application File Nos. 9DSSP91(87), CSS91010,  x43DSSAMEND92, 15SATLA95, 16SATAMEND95 IS GRANTED, and Motorola  xjSatellite Communications, Inc. IS AUTHORIZED to construct a mobile satellite service capable" 60*((x"  x|of operating in the 16161626.5 MHz frequency band in accordance with the technical  xspecifications set forth in its application and consistent with our rules unless specifically waived herein.  X-  a25.xIT IS FURTHER ORDERED that Motorola Satellite Communications, Inc. IS  x-AUTHORIZED to launch and operate 66 lowEarth orbiting space stations and 12 inorbit spares,  xand to launch technically identical replacement satellites during the license term for the purpose  xof providing a mobile satellite service in the United States, in the 1621.351626.5 MHz frequency  xbands in accordance with the technical specifications set forth in its applications and consistent with our rules unless specifically waived herein.  X -  a26.xIT IS FURTHER ORDERED that Motorola Satellite Communications, Inc. IS  x-AUTHORIZED to construct, launch and operate a mobile satellite system with intersatellite links  xlin the 23.1823.8 GHz band in accordance with the technical specifications set forth in its application and consistent with our rules unless specifically waived herein.  X-  a27.xIT IS FURTHER ORDERED that Motorola Satellite Communications, Inc. IS  xjAUTHORIZED to construct, at its own risk, a mobile satellite system capable of operating with  xfeeder links in the 19.419.6 GHz (spacetoEarth) frequency band and 29.129.3 GHz (Earthto x-space) frequency band in accordance with technical specifications set forth in its application and consistent with our rules unless specifically waived herein.  X-  a28.xIT IS FURTHER ORDERED that Motorola Satellite Communications, Inc. IS  xAUTHORIZED to offer mobile satellite service on its satellite system on a noncommon carriage basis.  X-  29.x IT 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  x<satellite in the system has been successfully placed into orbit and that the first transmission to or  Xe-from that satellite in the authorized frequency bands has occurred.    X7-  #30.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.  X!-  O31.xIT IS FURTHER ORDERED that Motorola Satellite Communications, Inc. will prepare  xany necessary submissions to the International Telecommunication Union (ITU) and to affected  xadministrations for coordination of these space stations in accordance with the ITU Radio Regulations.  X:&-  32.xIT IS FURTHER ORDERED that the temporary assignment of any orbital planes, or of  x.any particular frequencies, to Motorola Satellite Communications, Inc. is subject to change by"#' 60*((%"  xLsummary order of the Commission on 30 days' notice and does not confer any permanent right  xto use the orbit and spectrum. Neither this authorization nor any right granted by this  xlauthorization, shall be transferred, assigned or disposed of in any manner, voluntarily or  xMinvoluntarily, or by transfer of control of any corporation holding this authorization, to any  xjperson except upon application to the 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