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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of the Application of ) ) ORBITAL COMMUNICATIONS ) CORPORATION ) File Nos. 28-SAT-MP/ML-95 ) 5-SAT-ML-96 For Modification of Its Authorization ) 194-SAT-ML-97 to Construct, Launch and Operate a ) 8-SAT-AMEND-98 Non-Voice, Non-Geostationary Mobile-Satellite ) System in the 137-138, 148-150.05, ) and 400.15-401 MHz Frequency Bands ) ORDER AND AUTHORIZATION Adopted: March 31, 1998 Released: March 31, 1998 By the Chief, International Bureau: 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 authorized in the first processing round. ORBCOMM is authorized to launch and operate twelve additional satellites to its constellation (an increase from 36 to 48 satellites in total), change the inclination of one of its high inclination orbital planes from 70 to 108 degrees, and increase the orbital altitude of the non-high inclination satellites from 775 kilometers to 825 kilometers. ORBCOMM's Little LEO system will offer two way messaging and data communications, including emergency alert and vehicle tracking to users in the United States and around the world. Grant of ORBCOMM's modification request will serve the public interest, convenience and necessity because it will enable ORBCOMM to expand the size of its Little LEO system, and thereby enhance the coverage and quality of its service. II. Background 2. In 1990, ORBCOMM filed an application to construct, launch and operate an Little LEO system. Subsequently, Starsys Global Positioning, Inc. ("Starsys") and Volunteers In Technical Assistance, Inc. ("VITA") filed applications for Little LEO systems. The Commission considered these three applications together in what is referred to as the first Little LEO processing round (the "first processing round"). In the first processing round, the Commission established a negotiated rulemaking to negotiate sharing proposals and technical rules to govern Little LEO service. During the negotiations, ORBCOMM, Starsys and VITA reached agreement on a spectrum sharing plan that would enable all three applicants to implement their systems. The negotiated rulemaking committee relied on this spectrum sharing plan to issue a report that became the basis for the rules and policies adopted by the Commission to govern the licensing of Little LEO systems in the first processing round (the "First Processing Round Report and Order"). ORBCOMM was issued the first Little LEO license in October 1994 for a constellation consisting of 36 low-Earth orbiting satellites, operating in four inclined orbital and two polar orbits. The satellites were to operate in the 148-149.9 MHz (uplink) and 137-138 MHz (downlink) frequency bands. 3. The first processing round concluded when Starsys and VITA were issued Little LEO licenses in July and November 1995, respectively. In October 1993, however, before the conclusion of the first processing round, Leo One USA Corporation ("Leo One") submitted an application to the Commission requesting authority to construct and operate an Little LEO system in the 148-150.05 MHz uplink and the 137-138 MHz downlink frequency bands. In September, 1994, we placed Leo One's Application on public notice. This action commenced the second Little LEO processing round (the "second processing round"). Several parties filed applications for new Little LEO systems in response to the public notice. In addition,VITA filed modifications to its proposed first processing round Little LEO systems. In November 1994, ORBCOMM also submitted a proposed modification for its first processing round Little LEO system. The changes incorporated two modifications: (i) a proposal to move ORBCOMM's gateway link to the transit band (149.9-150.05 MHz); and (ii) a proposal to add six satellites to each of the two high inclination orbits in the ORBCOMM constellation. 4. We accepted the new applications, and ORBCOMM's and VITA's modifications, for filing in the second processing round. We also deferred to the second processing round consideration of Starsys's amendment to its original application, filed on April 25, 1994, after the cut-off date for filing applications in the first processing round. As a result, a total of eight applications were included in the second processing round. 5. Unlike the first processing round, where sufficient spectrum existed to accommodate the requests of all the applicants, insufficient spectrum existed to accommodate the eight Little LEO systems proposed by second processing round applicants. Portions of the available spectrum were licensed to ORBCOMM, Starsys and VITA in the first processing round. In addition, the downlink frequency bands are shared with U. S. Government users. Specifically, the National Oceanic and Atmospheric Administration ("NOAA") is operating a national priority meteorological satellite system in the 137-138 MHz frequency band. Also, the Department of Defense's ("DoD") Department of Air Force plans on implementing a meteorological satellite system in the 400.15-401 MHz downlink frequency band for national security purposes. Because the government meteorological satellite services were allocated on a primary or co-primary basis in these bands, second processing round Little LEO licensees would be required to share these bands with the NOAA and DoD meteorological satellite systems. In light of the limited spectrum available to second processing round applicants after the conclusion of the first processing round, and the required sharing between NOAA and DoD meteorological satellite systems and second processing round Little LEO systems, we initiated a Notice of Proposed Rulemaking (the "Notice") to develop rules and policies for expeditiously licensing second processing round Little LEO systems in this sharing environment. 6. Generally, the Notice proposed: i) excluding first processing round licensees from participation in the second processing round; ii) licensing up to three new Little LEO systems in the second processing round; iii) establishing procedures that would require second processing round licensees to protect the operations of DoD and NOAA meteorological satellite systems; and iv) using auctions to resolve mutual exclusivity among second processing round applicants. All second processing round applicants and other parties commented on the proposals in the Notice. Subsequently, Starsys and GE Americom withdrew from the second processing round, and Orbital Sciences Corporation ("Orbital"), ORBCOMM's parent, acquired the satellite operations of second round applicant CTA. On September 22, 1997, the remaining five applicants filed with the Commission a mutually agreed upon spectrum sharing plan (the "Joint Proposal"), that accommodated all remaining second processing round applicants in the available spectrum. As part of the Joint Proposal, the applicants agreed to withdraw all petitions and objections against each other's pending applications. In addition, in connection with the spectrum sharing plan, Orbital agreed to cause CTA to withdraw its existing second processing round application. 7. On October 15, 1997, the Commission released a Report and Order (the "Report and Order") in which it concluded that with use of appropriate transmission techniques, proper system coordination, time-sharing of frequencies and the adoption of the Joint Proposal, there was sufficient spectrum to license the five remaining second processing round applicants. The Report and Order directed second processing round applicants to amend their applications to conform to the rules and policies adopted in the Report and Order. 8. In response to this requirement, ORBCOMM filed an amendment conforming its modification to the rules and policies adopted in the Report and Order (the "Conforming Amendment"). In its Conforming Amendment, ORBCOMM stated that it intended to comply with any applicable new service rules and that its Little LEO system would be consistent with the Joint Proposal. ORBCOMM stated that there have been no significant changes in its qualifications since the Commission granted ORBCOMM's first round license that would adversely affect its qualifications at this time. The Conforming Amendment also incorporated two additional modification requests submitted after the beginning of the second processing round. These modifications include: i) a request to change the downlink frequency band to be utilized by ORBCOMM's Little LEO system; and ii) a request to increase the altitude of the non- high inclination satellite planes and to shift the inclination of one of the high inclination planes. 9. ORBCOMM's Conforming Amendment, together with the conforming amendments of the other second processing round applicants, were placed on public notice. No comments were filed in response to ORBCOMM's Conforming Amendment. III. Discussion 10. Under the Communications Act of 1934, as amended (the "Act"), no person shall use or operate any apparatus for the transmission of energy or communications or signals by radio within the jurisdiction of the United States, except pursuant to a license granted by Federal authority. The Commission is authorized to grant radio licenses to qualified persons upon written application therefor. In order to grant ORBCOMM's Modification, the Commission must find that the public interest, convenience and necessity will be served by such grant. Before we can make this finding, ORBCOMM must demonstrate that the company is legally, technically and financially qualified to hold a Commission license to launch and operate the Little LEO system as modified in the 148.0-150.05 MHz and 137-138 MHz frequency bands, in accordance with the spectrum sharing plan adopted in the Report and Order. A. Qualifications 1. Technical Qualifications 11. Applicants seeking authority to launch and operate second processing round Little LEO systems must meet the technical requirements adopted in the Report and Order. In the Report and Order, we adopted the sharing plan agreed to by the parties that would accomodate three new Little LEO systems and allow ORBCOMM and VITA to expand their systems. Specifically, we identified particular frequencies and other operating parameters for each of these systems, which we designated as System 1 (Leo One), System 2 (FAI), System 3 (E-SAT), ORBCOMM, and VITA. Consistent with the Report and Order, ORBCOMM proposes a narrowband system that will operate in the portions of the 148-150.05 MHz uplink frequency band and the 137-138 MHz downlink frequency band. 12. In its Conforming Amendment, ORBCOMM also requests authority to add twelve satellites to its constellation (an increase from 36 to 48 satellites in total), change the inclination of one of its high inclination orbital planes from 70 to 108 degrees, and increase the orbital altitude of the non-high inclination satellites from 775 kilometers to 825 kilometers. Below we analyze ORBCOMM's technical qualifications to operate its Little LEO system in each of the uplink and downlink frequency bands in which it proposes to operate its system. a. Uplink Operations in the 148.0-149.90 MHz Band 13. Pursuant to the Report and Order, ORBCOMM will be permitted to operate uplinks in the 148.0-149.90 MHz as follows: 148-148.250 MHz and 148.750-148.855 MHz ORBCOMM must share this band with Leo One, FAI, and E-SAT 148.855-148.905 MHz ORBCOMM may operate in this band if E-SAT does not use this band for feeder link uplinks and, in such event, ORBCOMM must share this band with Leo One and FAI 148.905-148.955 MHz ORBCOMM may operate in this band if S80-1 does not use this band for feeder link uplinks. In such event, ORBCOMM must share this band with Leo One and FAI 148.955-149.810 MHz ORBCOMM must share this band with Leo One and FAI. The 149.585-149.635 MHz portion of this band is reserved exclusively for ORBCOMM for feeder link uplink use until ORBCOMM relocates its feeder link uplink to the 150-150.05 MHz band. 149.810-149.90MHz ORBCOMM must share this band with VITA 14. The Report and Order requires second round Little LEO licensees to avoid causing harmful interference to terrestrial systems in the 148-149.90 MHz band. In its Conforming Amendment, ORBCOMM states that it plans to rely on the dynamic channel activity assignment system (DCAAS) technique to avoid causing harmful interference to terrestrial operations. ORBCOMM cites its experience in operating two satellites since April 1995 as corroboration of its system's ability to prevent harmful interference to terrestrial operations in the 148-149.9 MHz band. We agree with ORBCOMM that DCAAS operations, in conjunction with the restrictions outlined in our rules, should afford adequate protection to terrestrial users in this band. 15. The Report and Order requires ORBCOMM to share its service uplink spectrum allocations with other Little LEO systems. In its Conforming Amendment, ORBCOMM states its willingness to coordinate its uplink spectrum usage with other Little LEO systems and suggests that a spectrum sharing arrangement is possible. Nevertheless, ORBCOMM notes that it may be difficult to coordinate co-channel uplink operations in the 148-149.9 MHz band. 16. Orbcomm's concern about the potential for interference during peak periods is best resolved through post-licensing coordination. Historically, we have left inter-system coordination of satellite systems to the satellite licensees themselves because they are in the best position to weigh the technical and economic trade-offs inherent in any coordination agreement. Post-licensing coordination is also desirable because until licenses are granted, second processing round applicants will not know the authorized technical and operational parameters of all the licensed systems. 17. Recognizing that the entire uplink spectrum available to Little LEO second processing round licensees is restricted to the 148-149.9 MHz band, it is critical that all second processing round licensees coordinate the operations of their systems in this band in good faith. Consistent with the Report and Order, and Section 25.142(b)(3) of the Commission's Rules that requires coordination among Little LEO systems, ORBCOMM shall coordinate its co- frequency/co-channel operations in the 148-149.9 MHz band with the other second processing round licensees. b. Downlink Operations in the 137.0-138.0 MHz Band 18. Pursuant to the Report and Order, ORBCOMM will be permitted to operate downlinks in the 137-138 MHz band as follows: 137.1750-137.3275 MHz 137.4225-137.4725 MHz 137.6500-137.7500 MHz 137.7875-137.8125 MHz ORBCOMM will use these bands for service downlinks and must share these bands with E-SAT 137.5350-137.5850 MHz, ORBCOMM will use this band for feeder downlinks and must share this band with E-SAT 20. ORBCOMM certifies that the maximum power flux density ("PFD") produced at the Earth's surface by each of its satellites in the 137.175-137.825 MHz bands will not exceed the -125 dB(W/m2/4 kHz) threshold requirement for coordination with terrestrial services under the Commission's Rules. Accordingly, such coordination will not be required. 19. In the Report and Order, we specify certain coordination requirements for ORBCOMM in the downlink frequency band. In its Conforming Amendment, ORBCOMM acknowledges the need to coordinate its downlink frequency use with other satellite systems operating in the 137-138 MHz band. We therefore condition ORBCOMM's authorization to operate in the 137-138 MHz band on completion of frequency coordination with other Little LEO and U.S. Government systems operating in this band. ORBCOMM shall operate on a non-interference basis with respect to those systems with which coordination has not been completed. In this regard we note that ORBCOMM has been negotiating an agreement with NOAA regarding possible interference from ORBCOMM's satellites in the 137-138 MHz band. In order to satisfy the frequency coordination condition we impose with respect to NOAA, ORBCOMM shall submit a fully executed copy of the agreement that resolves NOAA's concerns. We also expect ORBCOMM to coordinate its operations in this band with foreign systems. 20. In the Report and Order, we required ORBCOMM to use an orbital propagator algorithm (for predicting the orbital positions of the satellites) with an accuracy equal to or greater than the NORAD propagator used by NOAA. In its Conforming Amendment, ORBCOMM certifies that it plans to meet this requirement by using a combination of on-board global positioning system ("GPS") receivers and a high-precision orbital propagator to develop satellite ephemeris data that is at least as accurate as the NORAD propogator. Thus, we find that ORBCOMM satisfies this requirement. c. Additional Spectrum 21. As specified in the Report and Order, ORBCOMM will receive authorization to operate in the 148.855-148.905 MHz uplink band outside of a processing round, if E-SAT loses or relinquishes its license or notifies the Commission that it is discontinuing use of this spectrum. Upon written request to the Commission, ORBCOMM will be permitted to share the 148.855-148.905 MHz spectrum with Leo One and FAI to the same extent and under the same conditions that apply to the second processing round licensees operating in the 148-148.25 MHz band. d. Request to Add Twelve Satellites to ORBCOMM Constellation 22. In its Conforming Amendment, ORBCOMM requests authority to increase the number of satellites in its constellation. In the first processing round, ORBCOMM was authorized to operate a constellation of 36 satellites. This constellation consisted of four lower-inclination orbital planes with eight satellites each, and two high-inclination orbital planes with two satellites each. ORBCOMM now requests authority to operate an additional twelve satellites. The twelve new satellites would be added to the two high-inclination orbital planes so that the new constellation would have six orbital planes of eight satellites each. This will improve system coverage for Alaska and Northern Europe and will enhance system reliability by minimizing outages in the continental United States ("CONUS"). The Report and Order contemplated accomodating ORBCOMM's modified system. Consequently, we grant ORBCOMM's request to add twelve satellites to its Little LEO system. e. Changes in Orbital Parameters 23. ORBCOMM requests authority to change its satellite constellation orbital parameters by: (i) increasing the orbital altitude of its satellites in the four lower inclination planes from approximately 775 kilometers to 825 kilometers; and (ii) changing the inclination of one of the near-polar orbital planes from 70 degrees to 108 degrees. In the Report and Order, we stated that amendments would be accepted unconditionally only if the changes were necessary to bring the application into conformance with the rules and policies adopted in the Report and Order. Nothing in the Report and Order requires ORBCOMM to change the orbital inclination or altitude of its satellites. Because ORBCOMM's proposed orbital parameter changes are not necessary to bring the application into conformance with the rules adopted in the Report and Order, we must consider these changes under our existing rules. 24. Section 25.116 of our rules, 47 C.F.R. 25.116, states that an amendment will be deemed to be a major amendment if it will increase the potential for interference. The rule further provides that a pending application amended by a major amendment that does not fall within one of the exceptions contained in the rule will be considered as a newly filed application and excluded from further consideration in that processing group. We find that the proposed modifications will increase the geographic coverage of each satellite, but will not increase the amount of data the system can transfer in a given time because it is limited by the downlink spectrum allocation. Accordingly, the proposed modifications will not increase ORBCOMM's utilization of the uplink spectrum that it shares with the other narrowband Little LEO systems, and thus will not impact the amount of uplink spectrum available to the other Little LEO systems. Furthermore, we expect the increase in orbital altitude to result in a reduction of the power flux density ("PFD") values at the Earth's surface, decreasing the potential for interference to space and terrestrial systems in the downlink band. We therefore find that ORBCOMM's proposed modifications in orbital parameters do not represent a major amendment under Section 25.116 of the Commission's Rules, and that they may be considered in the second processing round. Because the changes in orbital parameters should cause no additional interference, and because no other Little LEO applicants raised any objections to the proposed modifications, we grant ORBCOMM's proposed changes to orbital altitude and inclination. 2. Financial Qualifications 25. Before the Commission authorizes any space station application or modification, we also must determine whether an applicant is financially qualified to hold a Commission license. Section 25.142(a)(4) requires that an applicant must demonstrate that it has the finances necessary to construct, launch and operate two satellites in its system for at least one year. 26. As a second processing round applicant, ORBCOMM must satisfy the financial qualification requirements set forth in Section 25.142(a)(4). ORBCOMM states that there have been no significant changes in its financial status since the Commission determined in the first processing round that ORBCOMM met the financial qualifications to be an Little LEO licensee. ORBCOMM contends that because it has already expended the "upfront costs" associated with developing and building a new satellite system, construction, launching and first year operating costs for the first two second processing round satellites will be significantly less than the $77 million cost associated with its first two first processing round satellites. Indeed, ORBCOMM asserts that the costs to construct and launch the first two additional satellites may be as low as $14.5 million. Even assuming that the new satellites will cost as much as $77 million, ORBCOMM has demonstrated that it is financially qualified. ORBCOMM's parent, Orbital Sciences Corporation has submitted a letter confirming that it is prepared to expend or raise the funds necessary to finance two additional satellites. To this end, ORBCOMM submitted a copy of Orbital's Form 10-Q Securities and Exchange Commission filing for the third quarter of 1997. Orbital's Form 10-Q shows current assets significantly in excess of the estimated $77 million worst- case cost of constructing, launching, and operating two satellites. We therefore find that ORBCOMM is financially qualified to implement the proposed additional satellites. B. Exclusive Arrangements 27. As an Little LEO licensee, ORBCOMM shall comply with the requirements of Section 25.142(d) of the Commission's Rules adopted in the Report and Order. Section 25.142(d) prohibits a Little LEO licensees from entering into exclusive arrangements with other countries concerning communications to and from the United States. The purpose of this rule is to promote competition in the Little LEO service markets. We impose the same type of restriction on Big Leo licensees and on non-U.S. licensed satellites. The prohibition against exclusive arrangements reduces the likelihood that a Little LEO licensee can foreclose other Little LEO licensees from serving a foreign market, providing a global service, and competing effectively with other systems that serve the United States. 28. While we recognize that spectrum coordination and availability as well as market size and commercial opportunities in a particular country may limit the number of systems that can serve a foreign country, our rules are clear that Little LEO licensees may not acquire or enjoy any exclusive rights created by contracts or working arrangement. C. Construction and Launch Milestones 29. In the First Processing Round Report and Order, the Commission indicated it would generally require a Little LEO licensee to commence construction of the first two satellites in its system within one year of grant of its license. Construction of the remaining satellites in its system must be commenced within three years of grant. Construction of the first two satellites must be completed within four years of grant and the entire system must be launched and operational within six years of grant. 30. We will require ORBCOMM to adhere to this milestone schedule with respect to the twelve additional satellites it requests in the second processing round. Failure to meet these milestones will automatically render this authorization null and void. D. International Coordination 31. In general, we will follow the applicable advance publication, coordination and notification procedures set forth in the ITU Radio Regulations, and for consultation pursuant to Article 14 of the INTELSAT Agreement and Article 8 of the Inmarsat Convention, in coordinating ORBCOMM's satellites and its assigned frequency bands with other affected administrations. ORBCOMM shall provide the Commission with all information necessary to comply with these procedures. In view of ORBCOMM's intention to locate earth stations and operate mobile user terminals in connection with its Little LEO system outside of the United States, the Commission will retain jurisdiction to require ORBCOMM to meet both U.S. international obligations and obligations imposed by other licensing administrations. All authorizations and approvals required in connection with the operation of ORBCOMM's Little LEO system in another country, including, but not limited to, its gateway earth stations and mobile user terminals, will remain solely within the host country's jurisdiction. IV. Conclusion 32. We find that ORBCOMM is legally, technically and financially qualified under the Commission's Rules to launch and operate the space segment of its Little LEO system in those parts of the 148-150.05 MHz and 137-138 MHz frequency bands that are designated for use by ORBCOMM in the spectrum sharing plan adopted in the Report and Order, subject to the conditions set forth in this Order. Accordingly, ORBCOMM is authorized to be a Commission space segment licensee and, pursuant to Section 309 of the Act, we find that grant of ORBCOMM's Application will serve the public interest, convenience and necessity. V. Ordering Clauses 33. 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 launch and operate twelve additional NVNG satellites (for a total of 48 NVNG satellites) to provide mobile-satellite service in the United States in the frequency bands designated for Orbital Communications Corporation in the spectrum sharing plan adopted in the Report and Order, FCC 97-370 (released October 15, 1997), generally including the 148- 148.25 MHz, 148.75-148.855 MHz, and 148.905-149.9 MHz uplink frequency bands, and 137.175-137.3275 MHz, 137.4225-137.4725 MHz, 137.535-137.585 MHz, 137.650-137.750 MHz and 137.7875-137.825 MHz downlink frequency bands, in accordance with the technical specifications set forth in its application 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. 34. IT IS FURTHER ORDERED that, unless extended by the Commission for good cause shown, Orbital Communications Corporation's authorization will become NULL AND VOID in the event that the twelve space stations authorized by this Order are not constructed, launched and successfully placed into operation in accordance with the technical parameters and terms and conditions of this authorization by the following dates: Construction Commenced Construction Completed Launch First Two Additional Satellites March 1999 March 2001 March 2002 Remaining Satellites March 2002 March 2003 March 2004 35. IT IS FURTHER ORDERED that Orbital Communications Corporation IS AUTHORIZED to launch and operate technically identical Little LEO replacement satellites during the license term for the purpose of replacing one or more of the twelve low Earth orbiting NVNG satellites authorized by this Order, in accordance with the technical specifications set forth in its Authorization and consistent with the Commission's Rules, unless expressly waived by the Commission. At no point during the term of this license shall Orbital Communications Corporation operate more than forty-eight active satellites in its constellation. 36. IT IS FURTHER ORDERED that the term of operation for each of the twelve space stations authorized by this Order, including any replacement space stations authorized by this Order, is a total of 10 years and will begin to run on the earlier of the date that Orbital Communications Corporation certifies to the Commission that each such satellite has been successfully placed into orbit and the operations fully conform to the terms and conditions of this authorization, or a date determined by the Commission. 37. IT IS FURTHER ORDERED that neither this authorization nor any 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 public interest, convenience and necessity will be served thereby and that such transfer, assignment or disposal otherwise complies with the Communications Act, as amended, and the Commission's Rules. 38. 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). 39. IT IS FURTHER ORDERED that this authorization is subject to the completion of co-channel frequency sharing coordination between the Orbital Communications Corporation Little LEO system and the other Little LEO second processing round licensees operating in the 148-149.9 MHz and 137- 138 MHz frequency bands as required by Section 25.142(b)(3) of the Commission's Rules. 40. IT IS FURTHER ORDERED that this authorization is subject to adjacent channel frequency frequency sharing coordination between the Orbital Communications Corporation Little LEO system and the other Little LEO second processing round licensees operating in the 148-149.9 MHz and 137-138 MHz frequency bands as required by Section 25.142(b)(3) of the Commission's Rules. 41. IT IS FURTHER ORDERED that Orbital Communications Corporation's authorization to operate its Little LEO system as authorized in the second processing round is conditioned upon CTA's prior withdrawal of its pending second processing round application as agreed to in the Joint Proposal. 42. IT IS FURTHER ORDERED that Orbital Communications Corporation's authorization to operate its Little LEO system as authorized in the second processing round is conditioned upon the Commission's prior receipt of the engineering agreement concluded between NOAA and Orbital Communications Corporation regarding downlink transmissions from Orbital Communications Corporation's Little LEO system operating in the 137.0-138.0 MHz frequency band. 43. IT IS FURTHER ORDERED that: (a) this license shall not vest in Orbital Communications Corporation any right to operate its Little LEO system or any right in the use of the frequencies designated in this license beyond the term thereof nor in any other manner than authorized herein; and (b) this license shall be subject in terms to the right of use or control conferred by Section 706 of the Communications Act of 1934, as amended, 47 U.S.C.  606. 44. IT IS FURTHER ORDERED that Orbital Communications Corporation is afforded 30 days from the date of release of this Order to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 45. 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)). 46. IT IS FURTHER ORDERED that this Order is effective upon the date of its release. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, International Bureau