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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** DA 96-1923 Before the Federal Communications Commission Washington, D.C. 20554 In re application of ) ) TRW INC. ) File Nos. 155-SAT-ML-95 ) 33-SAT-AMEND-96, For modification of License ) 20-DSS-P-91(12), in the Mobile-Satellite service ) and CSS-91-015 Above One GHz ) ORDER AND AUTHORIZATION Adopted: November 18, 1996 Released: November 19, 1996 By the Chief, International Bureau 1. TRW Inc. has filed an application for modification of its authorization for the space segment of its proposed "Odyssey" low-earth-orbit satellite telecommunication system. The application as originally filed was placed on public notice on November 1, 1995, and a supplement that TRW filed for purposes of conformance with the pertinent international allocation adopted at WRC-95 was put on public notice on March 20, 1996. Motorola Satellite Communications, Inc., L/Q Licensee, Inc., Constellation Communications, Inc., Mobile Communications Holdings, Inc. (MCHI), and Hughes Communications Galaxy, Inc. have filed comments on the application; TRW has filed a consolidated response; and L/Q has filed a reply to the response. We grant the application in part. Feeder Link Authorization 2. TRW 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 Odyssey 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 Odyssey 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 Odyssey 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 the 1992 World Administrative Radio Conference, 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 Radio 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 TRW authority to construct, launch, and operate twelve non-geostationary satellites using the 2483.5-2500 MHz and 1610-1621.35 MHz bands for service-link transmission and reception, respectively. As there had not yet been any international or domestic allocation of spectrum for MSS feeder links, however, the FCC deferred action on TRW's request for authority to use the 19.8-20.1 GHz band for satellite-to-gateway transmission and the 29.7-30.0 GHz band for gateway-to- satellite transmission. 5. In the current application, as supplemented, TRW asks us to modify its space- segment license by including operational authority for feeder links. Specifically, it requests that it be authorized to use 19.3-19.6 GHz for feeder-link transmissions from its satellites to gateway Earth stations, except for a 1.1 MHz channel within that 300 MHz frequency range, centered on 19341.5 MHz, which it proposes to use for telemetry. It maintains that the time is now ripe for such action because the ITU's international allocation of spectrum in these frequency ranges for non-geostationary MSS feeder links, at the 1995 World Radiocommunication Conference (WRC-95), has eliminated the uncertainty that previously militated against assigning spectrum for Big LEO feeder links. 6. Hughes contends that we cannot properly grant TRW's request for unconditional authority to use 19.3-19.6 GHz for space-to-Earth feeder links until the Commission has resolved issues under consideration in the Ka Band rulemaking in CC Docket No. 92-297, in which it has undertaken to develop a plan for compatible use of spectrum in the 17.7-20.2 GHz and 27.5-30.0 GHz bands by FSS, MSS, and LMDS systems. 7. Motorola asserts that TRW's proposal to use portions of the Ka Band for feeder links will be incompatible with Motorola's plan to use them for feeder links for its "IRIDIUM" Big LEO system, unless other types of terrestrial and satellite systems, such as LMDS and GSO/FSS, are excluded from those spectrum segments. 8. The Commission adopted a band-sharing plan for the Ka Band in a Report and Order released on July 22, after Hughes and Motorola had filed the comments just noted. Hughes' objection is consequently moot, as is the concern raised by Motorola, which was addressed in the Report and Order. As TRW's application comports with the FCC's domestic Table of Allocations, with the new band-sharing plan, and with the corresponding WRC-95 allocation, there is no impediment to granting its request for a feeder-link license. Service-Link Beam Configuration, Spreading Bandwidths and RAS Protection 12. TRW proposes to use direct-radiating antennas instead of reflector antennas, increase the number of S-Band beams on the Odyssey spacecraft from 37 to 61, and modify beam placement to more exactly form a composite circular footprint. It asserts that these changes would result in more accurate and selective placement of the satellites' signal, improving the quality of service for users without increasing inter-system interference, and that the change to a 61-beam configuration would improve the receive-antenna gain. TRW has submitted an analysis to demonstrate that the modifications would not increase interference or affect compliance with the FCC's power flux density (p.f.d.) requirements. 13. TRW also proposes to use narrower CDMA spreading bandwidths in service-link transmissions. It maintains that using the smaller sub-bands would improve the system's traffic-handling capacity and facilitate compliance with obligations to protect the radioastronomy and aeronautical radionavigation services. 14. Curing an omission that the Bureau noted when granting its license for intersatellite and satellite-to-Earth service links, TRW confirms that it will use the "shut down" method in conjunction with position-determination techniques in order to protect the Radio Astronomy Service. 15. These proposed changes are consistent with rule requirements and would not tend to increase interference. We therefore grant the request for modification in these respects. S-Band PFD Levels 16. TRW notes in a supplement to its application that the WRC-95 adopted revised p.f.d. levels for the 2483.5-2500 MHz band and asks permission to "act pursuant to the new thresholds as it implements Odyssey." L/Q filed comments expressing concern about the effect of any Odyssey operations at high p.f.d. levels on coordination between Big LEO systems. 17. The Commission indicated in the Big LEO Report and Order that we would apply the revised p.f.d. thresholds for international coordinations. TRW must comply with all applicable requirements for coordination, subject to any proceedings or requirements to implement the WRC outcome in this regard. With respect to L/Q's concern, we conclude that it is premature to address this issue at this time, before an adequate opportunity has been provided for successful completion of inter-system coordinations. On-station Telemetry 18. TRW proposes to use 19341.5 MHz ñ 1.1 MHz for "on-station" telemetry transmissions from Odyssey satellites to Earth stations. (The applicant uses the term "on- station" to designate telemetry transmission that would occur while the satellites are positioned in permanent orbit, as opposed to telemetry during the time following launch when the satellites would be maneuvered into final orbit, i.e., "transfer-orbit" telemetry.) This frequency band is within the spectrum that we are assigning to TRW for feeder downlinks, and no objection to this proposal has been raised. We grant authority for TRW to use that specified band for on-station TT&C, subject to the same operational requirements that apply to its use of Ka-Band frequencies for feeder downlinks. Transfer-orbit TT&C 19. TRW specifies C-Band spectrum for transfer-orbit telemetry. It proposes to use 7063.52 MHz ñ 1.1 MHz as its primary band for this purpose and to use another 1.1 MHz band centered on 7066.49 MHz for back-up capability. TRW promises not to use the 7066.49 MHz band at times when in-line interference would be caused to C-Band feeder-link transmissions of L/Q's Globalstar system. Constellation Communications, Inc., which has filed an application for another Big LEO system, and L/Q contend that TRW's proposed use of C-Band frequencies for transfer-orbit telemetry could cause harmful interference to their own Big LEO systems. They request that we condition any grant of TRW's application for C-Band telemetry authorization to require TRW to cease transmission whenever its emitting antennas are aligned with another MSS system's antennas tuned for reception in the same spectrum. 20. We deny TRW's request for authority to use C-Band frequencies for transfer-orbit telemetry. Its proposal to use spectrum for this purpose outside of the bands that it would use for communication is contrary to Subsection (g) of Section 25.202 of the FCC's rules. Subsection (g) states that telemetry, tracking, and control "shall be conducted at either or both edges of the allocated band(s)," i.e., at either or both edges of a frequency band assigned to a satellite licensee for communication. As TRW has neither shown that it is infeasible to use frequencies within its assigned service-link and/or feeder-link bands for transfer-orbit telemetry -- an omission that is especially glaring in view of the fact that it proposed as recently as September 1995 to use channels within its (requested) Ka-Band feeder-link spectrum for transfer-orbit telemetry, transfer, and control transmissions -- nor demonstrated that use of the C-Band for this purpose, as proposed, would not cause harmful interference, we see no justification for waiving Subsection (g). Service-Link Polarization 21. TRW requests authority to use right-hand circular polarization (RHCP) for its 1.6/2.4 GHz service links rather than LHCP, as currently authorized. It asserts that the change would facilitate coordination with L/Q, which is licensed to use the same spectrum bands for LHCP service links. 22. MCHI, a Big LEO applicant proposing to use the same bands for service links with RHCP polarization, objects that TRW has failed to provide an interference analysis indicating the extent to which the proposed change in polarization would result in increased interference to other CDMA Big LEO systems. MCHI points out that the Commission has devised a sharing plan that contemplates accomodation of at least four CDMA systems in those bands and adds that because there are only two senses of polarization (LHCP and RHCP) any additional CDMA system operating in those bands along with TRW and L/Q will have to be co-polarized with one or the other if TRW and L/Q operate with opposite polarizations, whereas if TRW and L/Q use the same polarization a third Big LEO CDMA system could operate on opposite polarization with respect to both. MCHI asserts that co- channel systems will receive more mutual interference if they operate with the same polarization than with opposite polarization, and contends that the proprietors of the two currently-licensed CDMA systems (TRW and L/Q) should not be allowed to effect a bilateral band-sharing arrangement that would preclude or impair the operation of additional systems. 23. TRW says in response that it will coordinate with respect to MCHI's proposed system if and when that system is licensed. It contends, though, that to require it to negotiate adjustments to system parameters to accomodate proposals that may never be licensed, with applicants that have not yet been found financially qualified, would be unnecessary and potentially disruptive. TRW adds that it is unaware of any prior instance in which existing licensees have been required to coordinate with applicants. 24. It is desirable that, insofar as possible, CDMA systems operate with opposite polarity in their service downlinks with respect to the service-downlink polarity of co- frequency CDMA systems. Although the Commission has determined that as many as four CDMA Big LEO systems could share the allocated 2.4 GHz band for space-to-Earth service- link transmission without generating unacceptable mutual interference, we cannot be certain at this point how many systems will ultimately become operational or how many will be operational at a given future time. We assume, though, that the two currently-licensed CDMA systems -- TRW's and L/Q's -- will be operational before any proposed system that has yet to be authorized. As it clearly seems in the public interest that the first two operational CDMA systems should use opposite service-downlink polarity, we grant TRW's request for permission to use righthand circular polarization for satellite-to-Earth service-link transmissions, which is opposite to that proposed by L/Q. This change will not increase overall inter-system interference or preclude additional CDMA systems from becoming operational. We can ensure through routine exercise of regulatory authority that subsequently-licensed CDMA systems will be configured for optimal service-link polarization vis-a-vis those already under construction or in operation. We need not address in this order TRW's request for permission to use RHCP for Earth-to-space service links. Construction Milestones 25. The Commission said 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 TRW's license. 26. Accordingly, pursuant to authority delegated by 47 C.F.R. 0.261, IT IS ORDERED, that the TRW's application for modification of license, File No. 155-SAT-ML-95, as amended, IS GRANTED to the extent indicated herein, in accordance with the technical specifications set forth in the application and consistently with the FCC's rules except insofar as expressly waived herein. 27. 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 28. IT IS FURTHER ORDERED that this license shall 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