******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission DA 99-1249 Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) U.S. Electrodynamics, Inc. ) File Nos.SES-LIC-19990212-00165 ) SES-LIC-19990212-00166 For authority to construct ) SES-LIC-19990212-00167 and operate five transmit/receive ) SES-LIC-19990212-00168 Earth stations at Brewster, Washington ) SES-LIC-19990212-00169 for operation with the ICO Medium ) Earth Orbit satellite system ) ORDER AND AUTHORIZATION Adopted: June 23, 1999 Released: June 24, 1999 By the Acting Chief, International Bureau and Chief, Office of Engineering and Technology: I. Introduction 1. With this Order, we grant conditional authority to U.S. Electrodynamics, Inc. ("USEI") to provide tracking, telemetry, and command (TT&C) communications for the ICO Global Communications Medium Orbit Satellite system, using five transmit/receive earth stations. This will allow USEI to provide support essential for in-orbit maintenance of the ICO satellites pending completion of international coordination and resolution of pertinent issues in domestic service-authorization proceedings. We also deny, without prejudice to refiling, USEI's associated request for authority to operate feeder links. II. Background 2. On February 23, 1999, USEI filed applications for authority to operate five identical transmit/receive earth stations at a site in the vicinity of Brewster, Washington as a component of the planned ICO satellite system. The ICO system is to provide communications on a global basis via non-geostationary-satellite-orbit ("NGSO") satellites to users equipped with mobile terminals. The system will use the 2 GHz Mobile Satellite Service ("MSS") frequency bands for service links between the users' terminals and the satellites. ICO, a British corporation, intends to launch the satellites, pursuant to authority from the United Kingdom. ICO has separately filed a Letter of Intent with this Commission requesting authority to provide MSS to end users in the United States, which is under consideration in the Commission's 2 GHz processing round. 3. USEI proposes to use the Brewster earth stations to support the ICO system's TT&C and feeder link operations. The proposed earth station complex would be one of several sites providing TT&C for the ICO constellation around the world. USEI proposes to use the 5150- 5250 MHz frequency band for Earth-to-space feeder link transmission and a pair of two- megahertz sub-bands, 5179.5-5181.5 MHz and 5242.5-5244.5 MHz, for Earth-to-space TT&C transmissions. The earth stations would receive feeder link transmissions in the 6975-7075 MHz frequency band and would receive TT&C signals in the 7011-7013 MHz and 7071.9-7073.9 MHz sub-bands. We will refer to the proposed feeder link and TT&C bands as the "5/7 GHz frequency bands." 4. Iridium LLC filed a "Petition to Deny or Defer Action" on USEI's application, maintaining that the applications should either be dismissed without prejudice or held in abeyance until the Commission grants authority for use of the ICO satellites to provide service in the United States. III. Discussion A. Ripeness 5. The Commission generally does not issue licenses for earth stations before licenses have been issued for the satellites with which the earth stations are to communicate. This policy serves two purposes. First, it avoids the need to revoke earth station licenses in the event that requests for satellite licenses are later denied. Second, it avoids the need to modify earth station licenses to comport with changes in satellite operating parameters made during the space station licensing process. Accordingly, when U.S. companies file earth station applications to access U.S. space stations that have not yet been licensed, we return the applications as premature or dismiss them without prejudice. Consistent with this policy, the Commission stated in the DISCO II proceeding, which established the framework under which foreign satellites would be permitted to serve the United States, that it would dismiss earth station applications requesting authority to communicate with non-U.S. licensed satellites that have not been licensed or fully coordinated by a foreign administration. 6. According to ICO's Letter of Intent, which USEI incorporated by reference in its application, the United Kingdom requires a prospective satellite operator to demonstrate that it is technically, legally, and financially qualified to construct, launch, and operate its proposed system pursuant to the time schedule in its business plan and to submit information required for registration with the International Telecommunication Union ("ITU"). If satisfied with the showing, the United Kingdom will file the information for publication by the ITU Radiocommunication Bureau and will pursue international frequency coordination for the proposed system. The United Kingdom reserves the right, however, to rescind ITU publication and withdraw support for coordination if the applicant subsequently fails to proceed with due diligence to implement its proposal. ICO represented in its Letter of Intent that it had fulfilled all due diligence and competence requirements to date. Consequently, ICO asserted, the United Kingdom had submitted information on its behalf for ITU publication and was actively supporting international frequency coordination for ICO's planned satellite system. 7. Iridium maintains in its Petition to Deny that the Letter of Intent did not establish that the United Kingdom had granted a license for the ICO satellites. USEI subsequently filed a letter dated June 4, 1999 from the Head of Spectrum Policy, Radiocommunications Agency, Government of the United Kingdom. In the letter, the Radiocommunications Agency reports that ICO remains in compliance with the United Kingdom's due diligence requirements; that ICO's plans are consistent with the United Kingdom's obligations under international space treaties; that operation of ICO mobile earth stations and associated feeder links in the United Kingdom "has been coordinated ... with and agreed to by the UK Administration;" and thus, that ICO is authorized to operate and offer satellite communications service in the United Kingdom. The United Kingdom's Radiocommunications Agency, therefore, urges us to grant USEI's application so that ICO can proceed with arrangements to launch its satellites. 8. Consequently, we find that ICO has secured the necessary approval from the United Kingdom to operate its satellites. Thus, USEI's applications are not premature. The ICO system is not authorized to provide service in the United States, however. Accordingly, we must next determine whether, and to what extent we will permit ICO to operate supporting communication links to earth stations in the United States. B. TT&C Operations 1. General Considerations 9. USEI contends that there is an imminent need for the requested authority for TT&C transmission, regardless of when, or whether, the Commission ultimately authorizes use of the ICO satellites for the provision of MSS to end users in the United States. TT&C authority must be granted now, USEI asserts, to enable the Brewster facilities to carry out testing in time to begin providing TT&C for the ICO constellation immediately following launch of the first ICO satellites this summer. In fact, USEI suggests that ICO may postpone launch of its satellites if the Commission does not grant USEI authority for the Brewster earth stations. 10. We agree that there is an imminent need for operation of the Brewster facilities to provide TT&C for the global ICO constellation. The need for TT&C will arise when the first ICO satellite is launched, regardless of whether we grant ICO permission to provide 2 GHz MSS to mobile terminals in the United States. In the interest of fostering international comity and cooperation in development of telecommunication services, we are inclined to support the in-orbit maintenance of a global system that is ready to be launched if we can do so without unfairness to other parties and without impairing service within the United States. 11. Iridium LLC argues that granting USEI's earth station applications while ICO's proposal for U.S. operation is still under consideration in the 2 GHz proceeding would be unfair to other applicants in that proceeding and "could unfairly prejudice the outcome of the Commission's inquiry into the issues raised in the 2 GHz MSS processing round ..." 12. Significantly, USEI seeks to operate over only 4 megahertz of spectrum in each transmission direction in the 5/7 GHZ frequency bands to support ICO's TT&C operations. This constitutes only a small percentage of the total spectrum requested by or licensed to other MSS systems in these bands. Consequently, any grant of TT&C authority for the ICO system in the United States should not significantly impact the options available in the 2 GHz proceeding for accommodating feeder links and TT&C in the 5/7 GHz frequency band. Nevertheless, we recognize that USEI's proposed TT&C frequencies may not be compatible with the spectrum requirements of other licensed or proposed MSS systems. Three "Big LEO" systems have been licensed for space-to-Earth transmission in frequency bands that overlap the proposed TT&C bands. Further, two applicants in the 2 GHz processing round have requested downlink frequency bands that likewise overlap the proposed USEI/ICO TT&C frequencies. The proposed frequency bands also coincide with Earth-to-space frequencies used by the Globalstar Big LEO system. Finally, although it has yet to file an earth station application, Constellation Communications has indicated that it, too, plans to use an overlapping band for Earth-to-space TT&C and feeder uplinks, both for its licensed Big LEO system and its proposed 2 GHz system. Whether and how all these systems could compatibly use the available spectrum in the United States remains to be determined in the 2 GHz processing round. Until those issues have been resolved, we will not allow any authority we grant here to preclude us from assigning these frequencies to other applicants or to adversely affect existing licensees. 13. We can, however, authorize TT&C operations on the ICO system without prejudice to other parties by imposing two conditions on the grant. First, we will require TT&C operations to be conducted on a non-interference basis to other authorized operations in the band. Second, we will condition continued TT&C operations on the outcome of the 2 GHz proceeding. In this regard, the TT&C operations we authorize here will be subject to any relevant rule or policy adopted in the 2 GHz proceeding concerning assignment or coordination of spectrum. For example, if the Commission's licensing decisions in the 2 GHz proceeding are inconsistent with this grant, USEI will be required conform its operations to any U.S. requirements adopted in that proceeding. 2. Allocation Matters 14. The 5 GHz and 7 GHz frequencies that USEI specifies for TT&C are not currently allocated for commercial satellite service in the United States. USEI therefore requests a waiver of the rule that frequency assignments shall be in accordance with the domestic Table of Frequency Allocations. The frequencies at issue were internationally allocated for transmission between fixed earth stations and NGSO satellites at the 1995 World Radiocommunication Conference. The International Bureau has since granted waivers to allow the licensees of several satellite systems to use portions of these internationally-allocated bands for feeder links and TT&C. Further, the Commission has initiated a rulemaking to amend the domestic Table of Frequency Allocations to conform to the international allocation in this respect. Accordingly, we grant a waiver of Section 2.102(a) to allow USEI and ICO to operate in the 5179.5-5181.5 MHz, 5242.5-5244.5 MHz, 7011-7013 MHz, and 7071.9-7073.9 MHz bands for TT&C between the ICO satellites and the Brewster earth stations. Until the domestic allocation is changed to permit FSS operation in these bands, USEI and ICO may not cause interference to services provided in conformance with the Table. Further, USEI/ICO TT&C operations will not be entitled to protection against interference from stations operating in conformance with the Table. 3. Coordination with Licensed Satellite Systems 15. Section 25.203(k) of the Commission's rules, 47 C.F.R.  25.203(k), requires that: [a]n applicant for an earth station that will operate with ... non-geostationary satellite[s] in a shared frequency band in which the non-geostationary system is ... proposed to be ... licensed for feeder links, shall demonstrate ... that its proposed earth station will not cause unacceptable interference to any other satellite network that is authorized to operate in the same frequency band or certify that the operations of its earth station shall conform to established coordination agreements between the operator(s) of the space station(s) with which the earth station is to communicate and the operator(s) of any other space station licensed to use the band. AirTouch Satellite Services holds a license for an earth station in Clifton, Texas that is authorized to transmit to the Globalstar "Big LEO" satellite system in the 5 GHz frequencies that USEI is proposing to use for Earth-to-space TT&C from Brewster. USEI has not submitted a demonstration that its operations will not interfere with Globalstar operations, nor has it certified that its operations will conform to an established coordination agreement with Globalstar. 16. Although Section 25.203(k) literally applies only to feeder link operation, which we are not authorizing here, TT&C operations should be treated similarly. The purpose of the rule is to ensure that proposed operations will not interfere with existing operations. TT&C operations for MSS systems are ordinarily provided within the frequency bands designated for feeder links. USEI proposes to transmit TT&C signals in portions of the designated feeder link bands. Allowing USEI to operate TT&C without a showing that it will not cause interference to or has reached a coordination agreement with other licensed systems in the band would defeat the purpose of Section 25.203(k). We therefore condition USEI's uplink TT&C authorization on submission of a demonstration that the Earth-to-space transmissions will not cause unacceptable interference to Globalstar or a certification that USEI's operation will conform to coordination arrangements reached with Globalstar before it may begin TT&C operations. 17. Similarly, to ensure that proposed operations will not interfere with existing operations, we will also require ICO-USEI space-to-Earth TT&C operations to be conducted on a non-interference basis to licensed systems. Specifically, ICO-USEI downlink operations must not cause harmful interference to reception of co-frequency, co-channel space-to-Earth feeder link transmissions from the three licensed Big LEO systems (Globalstar, Ellipso, and Aries), unless permitted under coordination agreements with the licensees of those systems. 4. Specific Operating Frequencies. 18. In order to minimize interference, Section 25.202(g) of the Commission's rules, 47 C.F.R.  25.202(g), requires TT&C channels "for U.S. domestic satellites" to be located at the edges of the bands proposed for feeder links. The frequency bands that USEI specifies for TT&C, however, are not at the band edges. Rather, they are well inside the bands specified for feeder links. Nevertheless, we will provisionally allow USEI to operate as proposed for two reasons. First, the requested TT&C frequencies are consistent with the TT&C frequencies the ICO system will use on a global basis. Permitting USEI to operate on these TT&C frequencies in the United States will facilitate global TT&C operations for the ICO system. Second, allowing operation on the proposed TT&C frequencies may facilitate coordination with the Globalstar system, since there is no overlap between those frequencies and Globalstar's TT&C frequencies. Consequently, we will allow USEI to conduct TT&C on the frequencies requested, subject to any change required by the 2 GHz rulemaking. 5. Protection of Government Operations. 19. The 5 GHz band frequencies that USEI proposes to use for TT&C Earth-to-space transmissions are in a band that is allocated for use by the United States government for aeronautical radionavigation services. The National Telecommunications and Information Administration ("NTIA") requests that the USEI license for TT&C be conditioned to protect these services. Specifically, NTIA requests a requirement that USEI submit a demonstration of non-interference to Government operations before the earth stations begin operations. Further, NTIA asks for imposition of a requirement that after operations begin only one earth station antenna at a time can be oriented toward any of several specified Microwave Landing System sites. We impose the requested conditions. 6. Conclusion 20. Consequently, we grant USEI authority to provide TT&C for the ICO system, as conditioned, for the following reasons: (1) the imminent launch of the ICO satellite system and the associated need to provide TT&C for this global system; (2) the small amount of spectrum requested to support TT&C operations; and (3) grant will not prejudice other applicants seeking to operate in these bands and will not affect the operations of any other licensed systems. B. Feeder Link Operations 21. In addition to TT&C, USEI requests to use the 5150-5250/6975-7025 MHz bands to support the ICO system's feeder link operations. USEI acknowledges that the Brewster facilities cannot be operated in conjunction with ICO satellites for the provision of feeder links for MSS in the United States, unless and until the Commission grants ICO permission for the provision of MSS in this country via those satellites. USEI contends that it has an imminent need for feeder link authority in order to support service via ICO satellites to customers outside the United States, particularly in Canada and Mexico. ICO plans to commence providing such service next year, according to USEI. USEI therefore maintains that its application should be granted, notwithstanding the unresolved status of ICO's Letter of Intent concerning provision of MSS to end-users in the United States. 22. USEI proposes to operate on 100 megahertz of spectrum to support the ICO system's feeder link requirements. This is 25 times the amount of spectrum requested for TT&C. Authorizing this amount of spectrum, even on a conditional basis, could significantly impact the Commission's licensing options in the 2 GHz proceeding. Moreover, in contrast to its proposed TT&C operations, USEI has not demonstrated that there is a need to grant authority for feeder link operation at Brewster prior to completion of the 2 GHz rulemaking proceeding. USEI acknowledges that ICO does not plan to begin providing service before next year. Further, USEI has not shown that either Canada, Mexico, or any other Western Hemisphere country has authorized ICO to provide domestic service. Given these considerations, we deny USEI's request for feeder link operations at this time without prejudice to refiling. IV. Ordering Clauses 23. Accordingly, pursuant to authority delegated by Sections 0.241 and 0.261 of the Commission's Rules, 47 C.F.R. 0.241 and 0.261, IT IS ORDERED that Section 2.102(a) of the Commission's Rules, 47 C.F.R. 2.102(a), IS WAIVED and Application File Nos. SES-LIC- 19990212-00165/6/7/8/9 ARE GRANTED insofar as the applications request authority for tracking, telemetry, and control operation in the 5179.5-5181.5 MHz and 5242.5-5244.5 MHz bands (Earth-to-space) and the 7011-7013 MHz and 7071.9-7073.9 MHz bands (space-to-Earth), subject to the following conditions: (1) harmful interference shall not be caused to authorized radiocommunication services and interference protection from authorized stations shall not be claimed; (2) operations shall terminate immediately upon notification of such interference; (3) prior to commencing operation, the licensee shall submit to the Satellite Policy Branch either: (1) an analysis showing that its TT&C transmission will not cause unacceptable interference to the Globalstar system, or (2) a certification that its operation will conform to the terms of an established coordination agreement with Globalstar; (4) the authority granted here is subject to the outcome of the Commission's rulemaking proceeding in IB Docket No. 99-81 concerning applications for authority to provide 2 GHz MSS service and OET Docket No. 98-142, concerning domestic allocations in the 5/7 GHz frequency bands; (5) U.S. Electrodynamics, Inc. must demonstrate prior to commencing operation that its operation in the 5179.5-5181.5 MHz and 5242.5-5244.5 MHz bands will comport with the requirements of ITU Recommendation S.1342 in relation to the planned or operational aeronautical radionavigation service sites identified by the NTIA. After commencing TT&C operations, USEI shall ensure that not more than one antenna at a time is oriented in the direction of any of those sites while transmitting simultaneously from more than one earth station. 24. IT IS FURTHER ORDERED THAT the request for authorization for feeder links IS DISMISSED WITHOUT PREJUDICE. 25. IT IS FURTHER ORDERED THAT the Petition to Deny or Defer Action filed by Iridium LLC IS GRANTED IN PART and DENIED IN PART to the extent set forth herein. 26. This order is effective upon release. FEDERAL COMMUNICATIONS COMMISSION ` Thomas S. Tycz Acting Chief International Bureau Dale N. Hatfield Chief Office of Engineering and Technology