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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before theFEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of the Application of ) ) ORBITAL COMMUNICATIONS ) CORPORATION ) File Nos. ) 109-SAT-ML-98 For Modification of Its ) Authorization to Construct, ) Launch and Operate a Non-Voice, ) Non-Geostationary Mobile-Satellite ) System in the 137-138 and 148-150.05 ) Frequency Bands ) ORDER AND AUTHORIZATION Adopted: July 17, 1998 Released: July 17, 1998 By the Chief, Satellite and Radiocommunication Division: I. Introduction 1. By this order and authorization ("Order"), we authorize Orbital Communications Corporation ("ORBCOMM") to modify its non-voice, non-geostationary mobile-satellite service ("NVNG MSS" or "Little LEO") system by changing the inclination of satellites in one of its orbital planes and by increasing the spacing between three other orbital planes. This will enable ORBCOMM to enhance the global availability of its Little LEO services, particularly in the equatorial regions. II. Discussion 2. In 1994, the International Bureau granted ORBCOMM a Little LEO system license as part of the first processing round of Little LEO applications. Its system constellation consisted of 36 low-Earth orbiting satellites, operating in four inclined orbital planes and two near-polar orbital planes. On March 31, 1998, the Bureau, as part of the second Little LEO processing round, authorized ORBCOMM to modify its system by changing the downlink frequency band, increasing the altitude of the four orbital planes at 45 degree inclination, and shifting the inclination of one of the near-polar obital planes to another near-polar inclination. 7. On April 15, 1998, ORBCOMM filed a request for authority to make a minor modification to its system. In this request, ORBCOMM seeks to substitute an equatorial plane (approximately 0 degrees inclination) for one of the four planes currently authorized at 45 degree inclination, and to spread out the spacing between the remaining three planes authorized at 45 degree inclination so that they are evenly distributed by a separation of 120 degrees. 8. On May 20, 1998, we placed ORBCOMM's request on public notice. No comments were received. 9. In its Request for Modification, ORBCOMM stipulates that the proposed modification will allow ORBCOMM to increase service availability in the equatorial regions. The changes will also reduce the maximum outage times for areas below 50 degrees latitude. Moreover, while some redundancy will be reduced over the continental United States, ORBCOMM will maintain approximately the same degree of near continuous coverage authorized in the existing license. Further, ORBCOMM claims that "the modified constellation will have no effect on interference or coordination with the other satellite systems in the 137- 138MHZ or the 148-149.9MHZ bands." Therefore, we find that grant of ORBCOMM's unopposed modification will serve the public interest, convenience and necessity. III. Ordering Clauses 11. Accordingly, IT IS ORDERED, subject to the conditions set forth in this Order, that Application File Nos. 28-SAT-MP/ML-95, 5-SAT-ML-96, 194-SAT-ML-97, and 8-SAT- AMEND-98, ARE GRANTED, and Orbital Communications Corporation IS AUTHORIZED to modify its authorized Little LEO satellite system in accordance with the technical specifications set forth in its modification and in compliance with the provisions of Parts 2 and 25 of the Commission's Rules governing frequency allocations and satellite operations, unless expressly waived by the Commission. 12. IT IS FURTHER ORDERED that Orbital Communications Corporation will prepare within 90 days of the release of this Order, the necessary information for submission to the ITU to initiate the advance publication, international coordination, and notification process of the Orbital Communications Corporation system in accordance with the ITU Radio Regulations and for consultation in accordance with Article XIV of the INTELSAT Agreement and Article 8 of the Inmarsat Convention. Upon completion of these consultations and notification by the Department of State that the United States has fulfilled its obligations with respect to INTELSAT and Inmarsat, no further action by this Commission regarding such consultations will be required. This authorization is subject to coordination between Orbital Communications Corporation's Little LEO system and any non-U.S. licensed system in the authorized frequency bands. We also remind Orbital Communications Corporation that no protection from interference caused by radio stations authorized by other Administrations is guaranteed unless coordination procedures are timely completed or, with respect to individual Administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignment of other Administrations, 47 C.F.R. 25.111(b). 13. IT IS FURTHER ORDERED that this Order is issued pursuant to Section 0.261 of the Commission's Rules, 47 C.F.R.  0.261. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's Rules, 47 C.F.R.  1.106 and 1.115, may be filed within 30 days of the date of public notice of this Order (see 47 C.F.R.  1.4(b)(2)). 14. IT IS FURTHER ORDERED that this Order is effective upon the date of its release. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division