$//Mobile Datacom, DA 95-664//$ ///newjob/// $///DA 95-664 Record only 4-12-95///$ "FOR FCC RECORD ONLY" DA 95-664 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of the Application of ) ) MOBILE DATACOM ) File No. 814-DSE-P/L-93 CORPORATION ) Call Sign E930216 ) For Blanket Authority to Operate ) 10,000 Mobile Domestic Earth ) Stations in the 1610-1626.5 MHz ) and 3700-4200 MHz Frequency Bands ) ORDER AND AUTHORIZATION Adopted: March 30, 1995 Released: April 3, 1995 By the Chief, International Bureau I. INTRODUCTION 1. With this order we grant, with conditions, Mobile Datacom Corporation's (MDC) application for blanket authority to construct and operate on a temporary basis 10,000 mobile earth stations to provide radiolocation and messaging services to mobile customers in the continental United States, Alaska, and adjoining waters and airspace. This will permit the public to receive services that would not otherwise be available. 2. The mobile earth stations are to access the radiodetermination satellite service (RDSS) packages on GE American Communications' (GE Americom's) Spacenet-3 and GSTAR-3 domestic fixed-satellites. The units uplink to the satellites in the 1610-1626.5 MHz (1.6 GHz) frequency band, which is allocated to both the "Big LEO" mobile satellite service and the radiodetermination satellite service. The units receive transmissions from the satellites in the 3700-4200 MHz frequency band, which is allocated to the fixed-satellite service (FSS). MDC requests a waiver of the Table of Frequency Allocations to permit it to use the 3700-4200 MHz frequency band for "outbound" links to the mobile terminal units. MDC further requests authority to operate the mobile units until the first Big LEO satellite authorized to operate in the 1.6 GHz band is launched. Motorola Communications, Inc. (Motorola) filed a petition to dismiss or deny the MDC application; TRW, Inc. (TRW), Constellation Communications, Inc. (Constellation) and Loral Qualcomm Satellite Services, Inc. (LQSS) filed comments. II. BACKGROUND 3. In 1986, GTE Spacenet was authorized to incorporate RDSS packages on its Spacenet-3 and GSTAR-3 satellites for its customer, Geostar Positioning Corporation (Geostar). These packages were to allow Geostar to provide two-way position location service to its customers until its dedicated three-satellite RDSS system was implemented. But Geostar declared bankruptcy in February 1991. Its dedicated system was never built and operations using the GTE Spacenet satellite were suspended. 4. In May 1993, the Common Carrier Bureau authorized Newcomb Communications, Inc. (Newcomb) to construct and operate 10,000 mobile units to provide one-way position location service using the RDSS packages on the GTE Spacenet satellites. The Commission found that this would permit the public to receive services that would not otherwise be available. The Bureau, however, was in the process of authorizing the Big LEO satellite services in the same bands and could not permit Newcomb's operations to affect the operations of any Big LEO system. Thus, Newcomb's authorization was conditioned to expire on the date on which a regularly licensed Big LEO provider in the 1610-1626.5 MHz band launched its first satellite. 5. In its application, MDC seeks authority similar to that granted to Newcomb. MDC s system differs in only one significant respect: MDC has requested authority to operate two-way mobile units, and a waiver of the Table of Frequency Allocations (Table) to allow it to use the 3700-4200 MHz frequency band for transmissions to the user. MDC states that this waiver is necessary because no in-orbit satellite operates in the 2483.5-2500 MHz band designated for RDSS downlink transmissions. MDC asserts that it has been operating its system pursuant to a grant of special temporary authority based on compliance with the conditions in the Newcomb Order since August 1993, and that no interference incidents have been reported. 6. Four Big LEO applicants oppose MDC's application. They argue that MDC's proposed operations could create harmful interference to Big LEO licensees. They urge the Commission to impose on MDC the same conditions that were applied to Newcomb. In particular, they assert that MDC's authority should expire upon launch of the first satellite by a Big LEO provider, and that MDC should be limited to 10,000 mobile terminal units. III. DISCUSSION 7. We grant MDC's application subject to certain conditions. As stated in the Newcomb Order, allowing the temporary use of existing satellites permits customers to receive services that would not otherwise be available. If temporary operations do not adversely affect other licensed satellites, the Commission readily authorizes their use. Here, MDC seeks to use in-orbit RDSS packages to offer positioning and data services using the 1610-1626.5 MHz and the 3700-4200 MHz bands on a temporary basis, reinstituting Geostar's two-way service. MDC has been operating pursuant to special temporary authority for nearly one year and no incidents of interference to existing users have been reported. We do not expect this will change. 8. Nevertheless, should MDC's operations interfere with those of any other allocated service operating in the 1610-1626.5/3700-4200 MHz bands or in adjacent bands, we will require MDC to terminate operations immediately. Specifically, MDC may not interfere with the radioastronomy service, which operates on a co-primary basis in the 1610.6-1613.8 MHz band. Although we will not require MDC to obtain a coordination agreement similar to the one reached by Geostar and the National Science Foundation before awarding this license, MDC must observe the large protection areas around the 16 radioastronomy observatories in the United States. Further, MDC will be required to adhere to any national or international out-of-band emission standards that may be incorporated in the Commission's rules to protect the Global Navigation Satellite System (GNSS), and its Global Positioning System (GPS) and Global Orbiting Navigation Satellite System (GLONASS) components. To protect GPS from interference from uplink transmissions in the 1610-1626.5 MHz band, the Commission has adopted out-of-band emission limits for mobile facilities operating in that band. Specifically, out-of-band emissions may not exceed an e.i.r.p. density of -70 dBW/1MHz averaged over any 20 millisecond period in any portion of the 1574.397-1576.443 MHz band. For any discrete spurious emissions in the same band (i.e., bandwidth less than 600 Hz), the user transceiver e.i.r.p. density may not exceed -80 dBW. RTCA SC 159 ad hoc, created to assess interference to the GNSS, is also studying out-of-band emission limits on MSS operations necessary to protect GLONASS operations. Until the RTCA's final report is complete and new standards are adopted, if appropriate, we will require MDC to adhere to the e.i.r.p. limits contained in Section 25.213(b) of the Commissions Rules and to terminate interfering operations immediately upon notification by the Commission or by the National Telecommunications and Information Administration. 9. Further, we will not permit MDC's operations to affect the operation of any Big LEO system. Although MDC originally sought an open-ended grant for 50,000 mobile user units, it has now indicated it is willing to operate under the same terms as Newcomb. No one has opposed grant of MDC's application under these terms. We therefore limit MDC to operating 10,000 mobile units and require it to terminate operations when the first Big LEO satellite is launched. We also require MDC to inform its customers that service will terminate upon launch of a Big LEO satellite and to maintain a record of the platforms on which each mobile unit is installed, specifying whether the terminals are used for land, maritime, or aeronautical service and identifying the name, address, and telephone number of the customer. Because we have licensed three Big LEO systems and expect service to be initiated in the next two to three years, we require MDC to implement additional safeguards not outlined in the Newcomb Order. To ensure that mobile users do not transmit after the required termination date, MDC must deploy transceivers that may be remotely deactivated through the use of the 3700-4200 MHz outbound link or must develop other suitable arrangements to ensure that transmissions are deactivated on a timely basis. Under the foregoing conditions, denying or deferring action on MDC s application will only serve to waste in-orbit capacity and deprive the public of service. 10. Thus, we grant MDC authority to construct and operate 10,000 mobile units on a non-interference basis to other existing satellite operators and only until an entity regularly licensed to provide service in the 1610-1626.5 MHz band has launched its first satellite. Any request for authority to operate after this date will be entertained only if MDC can conclusively demonstrate that its operations will not interfere with Big LEO operations in the band or if all operating Big LEO system licensees have agreed to MDC's operations. We also require MDC to inform its customers that service will terminate upon the launch of a regularly licensed Big LEO satellite. Additionally, we grant MDC a waiver of the Table to permit satellite-to-mobile unit links in the 3700-4200 MHz band on the basis that these transmissions will not cause unacceptable interference into any other service authorized to use that band and will accept any interference from any of these services. IV. CONCLUSION AND ORDERING CLAUSES 11. We find that the public interest, convenience and necessity will be served by allowing MDC to provide its proposed two-way position location and ancillary data services on a temporary basis. We recognize that dedicated Big LEO satellites may be brought into service before GSTAR-3 and Spacenet-3 are retired, and place MDC on notice that, in this event, it will be required to terminate operations even if the two satellites have not exhausted their operational capacity. 12. Accordingly, pursuant to Section 309 of the Communications Act, 47 U.S.C.  309, and Section 0.261 of the Commission s rules, 47 C.F.R.  0.261, IT IS ORDERED that Application File No. 814-DSE-P/L-93 IS GRANTED as set forth above and that Mobile Datacom Corporation IS AUTHORIZED to construct 10,000 mobile units and to operate the units in the 1610-1626.5 MHz band in the continental United States, Alaska, and adjoining territorial waters and airspace via the GSTAR-3 and Spacenet-3 satellites as specified in its application and subject to the following conditions: (a) This authorization will terminate on the date on which a regularly licensed "Big LEO" provider in the 1610-1626.5 MHz frequency band launches its first satellite; and (b) no harmful interference shall be caused to any other allocated service in the band, and operation by Mobile Datacom Corporation shall cease immediately upon notification of interference; and (c) Mobile Datacom Corporation must comply with the e.i.r.p. limits in Section 25.213(b) of the Commissions Rules, 47 C.F.R.  25.213(b); no harmful interference shall be caused to Global Positioning System receivers, or Global Orbiting Navigation Satellite System receivers, when used as part of the Global Navigation Satellite System, and operation by Mobile Datacom Corporation shall cease immediately upon notification of interference by the Commission or by the National Telecommunications and Information Administration; and (d) maritime operations may not commence until the Department of State informs the Commission that the U.S. has fulfilled its obligations under Article 8 of the INMARSAT Convention. 13. IT IS FURTHER ORDERED that Mobile Datacom Corporation s request for interim waiver of the Table of Frequency Allocations IS GRANTED to permit the use of the 3700-4200 MHz frequency band for outbound channels subject to the conditions set forth in the preceding paragraph and subject to the additional condition that Mobile Datacom Corporation accept any interference from allocated services operating in that frequency band. 14. IT IS FURTHER ORDERED that Mobile Datacom Corporation shall file with the Commission annually the number of terminal units constructed within that year, specifying whether the terminals are used for land, maritime or aeronautical service. 15. IT IS FURTHER ORDERED that Mobile Datacom Corporation shall maintain a record of the platforms on which each terminal unit is installed, and shall specify the name, address, and telephone number of the customer. 16. IT IS FURTHER ORDERED that Mobile Datacom Corporation is required to inform its customers that service is being provided pursuant to a grant of interim authority and will terminate pursuant to the conditions specified in paragraph 12(a), above. 17. IT IS FURTHER ORDERED that Mobile Datacom Corporation must deploy transceivers capable of remote deactivation, or institute an appropriate procedure for timely deactivation to insure service is terminated as specified in paragraph 12(a), above. 18. IT IS FURTHER ORDERED that the Petition to Dismiss or Deny filed by Motorola Satellite Communications, Inc. IS GRANTED to the extent set forth herein and IS OTHERWISE DENIED. 19. Mobile Datacom Corporation is afforded thirty days to decline the authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. FEDERAL COMMUNICATIONS COMMISSION Scott Blake Harris Chief, International Bureau