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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission DA 97-229 Before the Federal Communications Commission Washington, D.C. 20554 In re application of ) ) Motorola Satellite Communications, Inc. ) File No. 992-DSE-P/L-96 ) E960244 For licenses to construct and ) operate transmit-receive fixed ) File No. 1116-DSE-P/L-96 Earth station facilities near Chandler, ) E960272 Arizona and Sunset Beach, Hawaii ) for use as part of the system-control ) component of the IRIDIUM System, ) transmitting in the 29.1-29.3 GHz band ) ORDER AND AUTHORIZATION Adopted: January 30, 1997 Released: January 31, 1997 By the Chief, International Bureau: 1. Motorola Satellite Communications, Inc. (MSC) requests licenses to construct and operate two fixed transmit-receive earth stations that would be used to control the satellites in the IRIDIUM System, one of the planned "Big LEO" systems that are to provide mobile satellite service (MSS) via non-geostationary (NGSO) satellites. MSC filed these license applications, which include requests for waiver of certain technical requirements, on April 12, 1996, and they were placed on public notice on May 15, 1996. Hughes Communications Galaxy, Inc. (Hughes) and CellularVision USA, Inc. (CellularVision) filed petitions to deny the applications, and Lockheed Martin Corporation (Lockheed) filed comments; the applicant filed a consolidated opposition and response; and Hughes, CellularVision, and Lockheed filed replies. We will grant the application in part. 2. The Commission has previously granted authority for construction of the IRIDIUM satellite constellation and 200,000 hand-held mobile transceivers (METs) for use with the IRIDIUM System and has issued licenses for IRIDIUM intersatellite transmission, for IRIDIUM "service links", i.e., radio links between the IRIDIUM satellites and METs, for "feeder link" transmission from the satellites to gateway earth stations, and for upward feeder-link transmission to the satellites from a gateway station near Tempe, Arizona. 3. The instant applications request licenses for two fixed earth stations, one to be situated near Chandler, Arizona and the other to be situated at Sunset Beach, Hawaii, in the vicinity of Waimea. The stations will be used for telemetry, tracking, and control (TT&C) for the IRIDIUM constellation, monitoring telemetry transmissions from the satellites and transmitting command signals to keep them within their proper orbital paths. They will also be used for network management. DISCUSSION Requests for Postponement or Interim Conditions 4. In their petitions and comments, Hughes, Lockheed Martin, and CellularVision contend that the applications cannot properly be granted prior to resolution of the related rulemaking in Docket No. 92-297, at least not without being conditioned on the outcome of that proceeding. The Commission decided the pertinent issues in Docket 92-297 after the pleadings were filed in this proceeding, however, in a First Report and Order released on July 22, 1996. MSC will, of course, be obliged to operate in compliance with the rules adopted in the First Report and Order. Upper Limit of Spectrum Assignment 5. MSC proposes to use the 200 MHz band between 29.1 and 29.3 GHz for control transmissions to IRIDIUM satellites. As part of the band-segmentation/sharing plan that it adopted in the First Report and Order, the Commission ruled that earth-to-space feeder-link transmission for the IRIDIUM System must be confined to the 150 MHz band between 29.1 and 29.25 GHz. There is no indication that the Commission had any intention of assigning a wider frequency-range for control transmissions to IRIDIUM satellites, and we see no reason to do so. We will therefore grant the applications only in part, authorizing a transmission frequency range of 29.1-29.25 GHz. Request for Partial Waiver of Power and Spectral Emissions Limits 6. MSC asks for a partial waiver of Subsection 25.204(e) of the FCC's rules to allow both proposed stations an additional 2 dB for compensatory up-link power-boosts during periods of precipitation fading. It contends that the increase is warranted in light of the protection and tracking requirements of low-earth-orbit NGSO satellites, which are different from those for geostationary (GSO) satellites. It also requests a partial waiver of Subsection 25.202(f), proposing to conform to an alternative spurious-emissions suppression standard that would permit higher intermodulation levels during rain-fade conditions. 7. Hughes contends in its petition to deny that allowing MSC to exceed the limits specified in 25.204(e) and 25.202(f) would increase the potential for interference with GSO FSS systems and that the waiver requests should therefore be denied. MSC responds that Hughes has produced no technical analysis to support its argument and asserts that the rules in question were designed to protect space stations in the geostationary arc from interference from earth stations beaming at adjacent geostationary satellites, rather than to protect them from emissions from earth stations that track NGSO satellites. It is unnecessary, and would be impractical, according to MSC, to require the latter to impose power control with the same degree of precision as is required of earth stations used with GSO systems. 8. Consistent with our disposition of analogous requests in the IRIDIUM gateway-station license order, we grant the requested waivers of 25.204(e) and 25.202(f). We agree with the applicant that some relaxation of those requirements is warranted for earth stations transmitting in the Ka Band to low-earth-orbit NGSO satellites and we believe that the alternative standards that it proposes are sufficient, particularly in view of the fact that, in consequence of the Commission's recent adoption of a band-segmentation plan in the First Report and Order in Docket 92-297, MSC's earth stations will not share assigned spectrum with GSO FSS systems. Pertinence of Sections 25.209 and 25.210 9. MSC requests issuance of a clarifying statement that the earth-station antenna- performance standards specified in Section 25.209 and the technical requirements specified in Section 25.210 do not apply to the operation of earth stations for NGSO systems. We addressed an identical request in the IRIDIUM gateway license order, and we see no reason to depart from the conclusions reached there. Thus, we agree that Subsection 25.209(a)(1) and Section 210 are inapplicable, but unless it procures a waiver MSC must operate these two earth stations in compliance with the requirements in Subsections (a)(2) and (b) of 25.209. Coordination with GSO FSS Systems 10. In comments filed prior to the release of the First Report and Order, Lockheed Martin asserts that its proposed "Astrolink" GSO FSS system might either share spectrum with MSC's TT&C stations or operate on adjacent frequency bands, depending on the outcome of that rulemaking proceeding. Lockheed therefore asks us to declare that MSC must enter into frequency coordination "at the appropriate time" with respect to the Astrolink system. The concern about co-channel interference is now moot, as we explained in discussing an identical request from Lockheed in the IRIDIUM gateway license order. As before, we decline to impose a requirement for coordination with GSO/FSS licensees with respect to out-of-band emissions, as it has not been shown that there is any likelihood that out-of-band emissions from the proposed stations would interfere with GSO/FSS transmissions. Regulatory Status 11. MSC requests a declaratory ruling that its operation of the earth stations will not be subject to common-carrier regulation. It emphasizes in this regard that it will use the stations only to provide internal functions for the IRIDIUM System under long-term contract, rather than to provide communication service directly to the public. 12. As we recognized when granting the first IRIDIUM gateway license, the proviso in Section 3 (44) of the Communications Act that "the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage" affords discretion to refrain from imposing common-carrier regulation on the provision of earth-to- satellite transmission, based on assessment of the public interest. The Commission has concluded that it would not serve the public interest to compel Big LEO licensees to provide space-segment service components as common carriers and regulate them accordingly, and we recently held, likewise, that it would not serve the public interest to require the IRIDIUM System's earth-to-satellite feeder links to be provided on a common-carrier basis. We see no reason to conclude otherwise here with respect to TT&C stations. ORDERING CLAUSES 13. Accordingly, pursuant to authority delegated by 47 C.F.R. 0.261, IT IS ORDERED that Application File Nos. 992-DSE-P/L-96 and 1116-DSE-P/L-96 ARE GRANTED to the extent indicated herein, and MSC IS AUTHORIZED to operate the proposed earth stations in accordance with the technical specifications in its applications and in compliance with FCC rules, except insofar as those have been waived herein. 14. IT IS FURTHER ORDERED that this authorization is issued with the following conditions: (1) the licensee must obtain a notice of clearance pursuant to 47 C.F.R. 25.113(c) before commencing construction; (2) as required by 47 C.F.R. 25.133, construction of the stations must be complete within one year from the release-date of this order, except as the Commission may otherwise order for good cause shown; (3) the licensee must furnish the information requested in Question 18 of the application form: viz., a verified statement as to whether the manufacturer's measurements show that the station's transmitting antennas would operate in accordance with the gain patterns specified in 47 C.F.R. 25.209(a)(2) and (b); (4) MSC must provide all information necessary for international coordination of the Chandler station, and pending completion of coordination procedures there can be no guarantee against interference from foreign-licensed stations. See 47 C.F.R. 25.111(b). 15. IT IS FURTHER ORDERED that the license term will be ten years, beginning on the date when the first transmission on the authorized frequencies from the earth station to a satellite has occurred. 16. This license does not confer any right to operate the station or use the designated frequencies beyond the term thereof or in any manner not authorized herein. No right granted by this authorization shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, or by transfer of control of any corporation holding this authorization, to any person except upon application to the Commission and upon a finding by the Commission that the transaction will serve the public interest, convenience, and necessity. 17. This license is subject to the rights of use or control conferred by 47 U.S.C. 706. FEDERAL COMMUNICATIONS COMMISSION Donald H. Gips Chief, International Bureau