NOTICE ***************************************************************** ******** NOTICE ***************************************************************** ******** This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** Before the Federal Communications Commission Washington, D.C. 20554 In re ) ) L/Q LICENSEE, INC. ) File Nos. 88-SAT-WAIV-96 and ) 90-SAT-ML-96 Application for modification of license) to construct, launch, and operate) low-Earth-orbit satellites and request ) for waiver of Table of Allocations ) ORDER AND AUTHORIZATION Adopted: November 18, 1996 Released: November 19, 1996 By the Chief, International Bureau and the Chief, Office of Engineering and Technology: 1. L/Q Licensee, Inc. ("L/Q") has filed an application for modification of its authorization for the space segment of its proposed "Globalstar" low-earth-orbit satellite telecommunication system and an associated request for waiver of the Table of Allocations. The application and the waiver request were placed on public notice on March 20, 1996. Another Big LEO licensee, TRW Inc., and Constellation Communications, Inc., which has applied for a Big LEO license, filed comments on the application. Constellation also commented on the waiver request. L/Q filed a consolidated response to the comments. We grant the application and the waiver request. Feeder Link Authorization 2. L/Q is one of three companies that have obtained permission from the FCC to construct, launch, and operate "Big LEO" Mobile Satellite Service (MSS) satellites -- low- Earth-orbit satellites that commercial licensees would use in conjunction with ground facilities to enable subscribers equipped with mobile transceivers to conduct two-way voice and data communication with similarly-equipped subscribers or telephone users anywhere else in the world. The Globalstar System, like other Big LEO systems, would consist of four basic components: a constellation of non-geostationary LEO satellites; end users' mobile transceivers; ground-based satellite-control facilities; and gateway earth stations. A message transmitted from a subscriber's mobile transceiver would be received by a transitting Globalstar satellite and relayed to a gateway earth station, where it would be analyzed for purposes of routing and billing and would then be relayed via another Globalstar satellite to another mobile terminal or would be directed to a destination on the public switched network. Return messages would follow the same path in reverse. 3. Spectrum in the 1610-1626.5 MHz and 2483.5-2500 MHz bands was internationally allocated for MSS at WRC-92, and the FCC accordingly effected a conforming adjustment of the domestic table of allocations. The Commission subsequently adopted a band-sharing plan for the Big LEO service: spectrum between 1610 and 1621.35 MHz would be assignable for shared use by as many as four Big LEO licensees using CDMA architecture for Earth-to-space service links; the 1621.35-1626.5 MHz band would be reserved for assignment to a single Big LEO licensee using TDMA/FDMA architecture, for service links in both directions (Earth-to-space and space-to-Earth); and the 2483.5-2500 MHz band would be reserved for service links in the space-to-Earth direction for CDMA systems. (The term "service links" refers to transmissions between satellites and end-users' mobile transceivers.) The Commission did not designate any spectrum band for Big LEO feeder links, however, because it had not yet determined which frequencies should be allocated for that purpose. (The term "feeder links" refers to the transmission of users' messages in either direction between satellites and gateway earth stations. The Commission has regarded feeder-link transmission as a type of fixed-satellite service.) The Commission noted that international allocation of spectrum for MSS feeder links was on the agenda for the World Radiocommunications Conference in 1995 and said that it contemplated granting unconditional Big LEO feeder-link assignments once sufficient spectrum had been made available. The Commission also said that in the interim it would permit qualified applicants to construct satellites capable of operating with particular feeder-link frequencies at the applicants' own risk. 4. In a decision released on January 31, 1995, the FCC granted L/Q Partnership authority to construct, launch, and operate LEO satellites using the 1610-1621.35 MHz band and the 2483.5-2500 MHz band for service-link transmission. As there had not yet been any international or domestic allocation of spectrum for MSS feeder links, however, the FCC deferred action on L/Q's request for authority to operate using the 6875-7075 MHz range for satellite-to-gateway transmission and the 5025-5225 MHz range for gateway-to-satellite transmission. 5. In the current application L/Q asks us to modify its space-segment license by including operational authority for feeder links. Specifically, it requests "that it be authorized to use ... 5091-5250 MHz ... for its feeder uplinks and ... 6875-7055 MHz ... for its feeder downlinks." (It also proposes to use sub-band within the feeder-uplink band, centered on 5091.5 MHz, for command signals and a sub-band within the feeder-downlink band, centered on 6877.1 MHz, for telemetry.) L/Q maintains that the time is now ripe for such action because the ITU's recent allocation, at the 1995 World Radiocommunication Conference (WRC-95), of spectrum in these frequency ranges for nongeostationary MSS feeder links has eliminated the uncertainty that previously militated against assigning spectrum for Big LEO feeder links. 6. Acknowledging that this request is at odds with the U.S. Table of Frequency Allocations, which reserves the 5000-5250 MHz band for aeronautical radionavigation and the 5925-7075 MHz band for Fixed and Mobile terrestrial services and earth-to-space transmission in the Fixed-Satellite Service, L/Q requests a waiver of the regulation that incorporates the Table, Section 2.106 of the FCC's rules. It argues that the requested waiver would not undermine the policy of the rule and would promote the public interest, thus meeting the standard for waivers set forth in WAIT Radio. L/Q stresses that the desirability of allowing use of 5091-5250 MHz and 6875-7075 MHz for nongeostationary MSS feeder links has been explicitly recognized by the pertinent WRC-95 allocation and, further, that the WRC adopted that allocation at the urging of the U.S. government. Grant of the waiver request would foster rapid development of a system that would bring new, global mobile communications services to subscribers in the United States, according to L/Q, which reports that it hopes to begin launching Globalstar satellites in the second half of 1997. L/Q maintains that, aside from advancing the licensing process in the U.S., the requested waiver would facilitate obtaining "landing rights" for Globalstar providers in foreign countries and that because the frequencies in question have been allocated for MSS feeder links in all three ITU regions, assignment of them as requested would make it possible for the Globalstar system to provide world-wide coverage, consistently with the manifest intention of Subsect. 25.143 (b)(2)(ii) of the FCC's rules. L/Q asserts, moreover, that the Report of the Conference Preparatory Meeting, on which the Commission largely relied in formulating the U.S. proposals for WRC-95, confirmed that the requested 5 and 7 GHz frequencies could be used for nongeostationary MSS feeder links compatibly with existing uses, and L/Q contends that if the waiver is granted, compliance with ITU and FCC coordination requirements would suffice to protect the interests of existing licensees. 7. Constellation, which says that it plans to use the same 5 and 7 GHz frequency bands for its own feeder links, asserts that L/Q's proposed feeder-link transmissions could adversely affect operation of Constellation's proposed system unless coordination is undertaken between L/Q and Constellation. Constellation says that it has no objection to the application or the waiver request, provided that any grant to L/Q does not preclude favorable disposition of Constellation's pending application and is conditioned on coordination with all affected systems, including Constellation's. 8. Discussion. We will waive Section 2.102 to permit L/Q to launch and operate space stations using transmitting frequencies in the 6875-7055 MHz range for feeder links and telemetry from Globalstar satellites to fixed earth stations, as requested, and configured for reception of feeder-link transmissions in the 5091-5250 MHz range. This authorization is subject, however, to any applicable restrictions that may be promulgated in a rulemaking to amend the domestic Table of Allocations to include FSS allocations in these bands for MSS feeder links. This authorization should not be construed as a license for earth-to-space transmission in the 5091-5250 MHz frequency range. Such authority must be requested in the context of an earth-station application filed pursuant to 47 C.F.R. 25.130. Any authorization granted for MSS earth-to-space feeder link transmission in that frequency range may be subject to sharing with unlicensed transmitters, as indicated in the Notice of Proposed Rulemaking in ET Docket No. 96-102, where the Commission is considering providing spectrum in the 5.15-5.35 GHz and 5.725-5.875 GHz bands for broadband unlicensed devices. Consistent with the policy laid down in the Big LEO Report and Order for inter-system coordination between applicants sharing L Band spectrum for service links, L/Q must coordinate with any other Big LEO licensee(s) authorized to use the same spectrum for feeder links. L/Q must also coordinate with respect to licensed governmental and non-governmental terrestrial systems, as necessary, in accordance with 47 C.F.R. 25.272. Power Reduction 9. L/Q indicates in its application that the Globalstar satellites would operate with lower average payload power than it had previously specified. TRW asserts that the reduction in average power would result in a substantial reduction in the signal strength of the satellites' S-Band transmissions to end-users' mobile transceivers, thus making the Globalstar System more susceptible to interference. Although it does not oppose the modification application, TRW stresses that this design change is entirely volitional and contends that it would be inequitable to require TRW's proposed "Odyssey" system to adhere to an S-Band power flux density (p.f.d.) limit more stringent than the relevant ITU coordination limit merely to ameliorate inherent service-quality problems in the Globalstar system due to the reduction in available power for S-Band transmission. 10. L/Q replies that TRW's supposition that the reduction in the satellites' average power level would reduce the power available for S-Band transmission is incorrect. L/Q explains that the planned reduction in average power was made possible by an improvement in the efficiency of the satellites' C-Band amplifier and redesign of the L-Band filter to reduce the power drawn by the C-Band amplifier when not in use. The combination of these improvements resulted in a downward projection for average payload power, according to L/Q, without any concomitant diminution of net output power for the S-Band amplifier, RF output, or peak power generation. The overall effect, L/Q asserts, is a more efficient satellite constellation with the same projected capacity. Furthermore, L/Q says that since there would be no change in the power available for S-Band transmission, it has no intention of seeking "extra protection" for its system in intersystem coordination. 11. Discussion. TRW has not raised any concern that militates against acceptance of the proposed revision of the average payload power specification for the Globalstar satellites. As regards p.f.d. limits, we note that L/Q represents in its application that the planned p.f.d. levels for the Globalstar system are well within the limits adopted at WRC-95 for international coordination. Whether Big LEO licensees should adhere to more-stringent S- Band p.f.d. limits for purposes of inter-system coordination is an issue for the parties to resolve through negotiation, in the first instance. Other Design Changes 12. L/Q proposes several other modifications to the specifications for the Globalstar satellites. It has submitted revised mass and power budgets. It also proposes revised parameters for the S-Band and L-Band antennas, asserting that the modification would improve spectral efficiency. The application specifies the antenna contours that would result from operation with the revised parameters and provides representative forward and return path link budgets prepared using nominal feeder and service link channel frequencies. 13. Discussion. These proposed changes are consistent with the Commission's rules and would not tend to increase interference. Hence we will grant the request for modification of L/Q's license to permit them to be implemented. Construction Milestones 14. The Commission stated in the Big LEO Report and Order that each Big LEO space-station licensee would be required to adhere to a timetable for implementation of its proposal. More specifically, it said that unless an applicant demonstrated a special need for additional time it would be required to begin construction of its first two satellites within one year after receiving an unconditional authorization, to begin construction of the remaining authorized satellites within three years of the same date, to complete construction of the first two within four years, and to put the entire system into operation within six years. The requirements are to be imposed by specifying the timetables as license conditions. To ensure compliance, the Commission adopted rule provisions requiring Big LEO licensees to file annual progress reports and to certify within ten days after each milestone date that the milestone requirement was met or else report that it was missed. We will incorporate the milestone timetable detailed in the Big LEO Report and Order in the terms of L/Q's license. Ordering Clauses 15. Accordingly, pursuant to authority delegated by Sections 0.241 and 0.261 of the FCC's rules, 47 C.F.R.  0.241 and 0.261, IT IS ORDERED, that the Application for Modification to Order and Authorization for GLOBALSTAR and the Request for Waiver of 47 C.F.R. 2.106 ARE GRANTED to the extent indicated herein, in accordance with the technical specifications set forth in the application, including the referenced limit on S-Band p.f.d. levels, and consistently with the FCC's rules except insofar as expressly waived. 16. IT IS FURTHER ORDERED that, unless extended by the Commission for good cause shown, this authorization will become null and void in the event that the licensee fails to meet the following progress schedule: Construction Construction Fully Commenced Completed Operational First two system satellites November 1997 November 2000 Remaining system satellites November 1999 November 2002 17. IT IS FURTHER ORDERED that this license shall not not vest in the licensee any right to operate space stations or use the assigned frequencies beyond the term thereof or in any manner other than authorized herein; that neither the license nor the rights granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act; and that the rights granted herein are subject to the rights of use or control conferred by 47 U.S.C. 706. FEDERAL COMMUNICATIONS COMMISSION Donald H. Gips Chief, International Bureau Richard M. Smith Chief, Office of Engineering and Technology