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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission DA 99-2519 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Assignment of Orbital Locations ) to Space Stations in the Domestic ) Fixed-Satellite Service ) ) and the Applications of ) ) GE AMERICAN COMMUNICATIONS, INC. ) File Nos.: SAT-MOD-19981023-0075 ) SAT-MOD-19981023-0076 For Modification of Authorizations to ) SAT-STA-19990525-00056 Construct, Launch, and Operate Space ) Stations in the Fixed Satellite Service ) And for Special Temporary Authority ) To Test Space Station at 72 W.L. ) ORDER AND AUTHORIZATION Adopted: November 12, 1999 Released: November 12,1999 By the Chief, Satellite and Radiocommunication Division: i. introduction 1. By this Order, we address applications filed by GE American Communications, Inc. ("GE Americom") in connection with the launch of the GE-4 satellite. Specifically, we grant GE Americom's request to reassign a C-/Ku-band hybrid from 72 W.L. to the 101 W.L. orbit location and to make certain technical changes to the spacecraft. We also grant GE Americom's request to relocate Satcom SN- 4 from 101 W.L. to the 72 W.L. orbit location once GE-4 is operational at 101 W.L. We further grant GE Americom special temporary authority ("STA") to test GE-4 at the 72 W.L. orbit location. We dismiss GE Americom's request for authority to use the 11.45-11.7 GHz "extended" Ku-band for domestic service, without prejudice, but grant GE Americom's request to use this band for international purposes as well as add the use of the 13.75-14.0 GHz "extended" Ku-band. Today's action permits GE Americom to proceed with launch of the GE-4 satellite, and thereby enhance service to its customers currently being served from the 101 W.L. orbit location, while initiating additional satellite service from the 72 W.L. orbit location. ii. background 2. In May 1996, we authorized six applicants to construct, launch, and operate eleven C- band and/or Ku-band domestic fixed-satellites and assigned them to specific orbit locations. The Order included an assignment to GE Americom for a C-/Ku-band hybrid satellite at the 67 W.L. orbit location. GE Americom petitioned for reconsideration of the 1996 Assignment Order and the 1996 Domsat Opinions requesting, among other things, an alternative orbit location for GE-4. The Commission partially granted GE Americom's Petition for Reconsideration in June 1998 by assigning GE-4 the orbit location of 81 W.L. That decision was challenged by the Comision Nacional de Comunicaciones of Argentina ("CNC") and PanAmSat Licensee Corp. ("PanAmSat"). The United States and Argentina, thereafter, conducted coordination meetings in order to resolve the conflict. This led to an agreement among the interested parties pursuant to which GE Americom filed a request for reassignment of its authorization to the 72 W.L. orbit location and the CNC and PanAmSat withdrew their challenges to the Commission's decision. The Commission granted reassignment to the 72 W.L. orbit location in October 1998. 3. GE Americom now requests a further modification of its authorization. Specifically, GE Americom seeks to reassign GE-4 to the 101 W.L. orbit location. It also proposes to modify certain technical characteristics of its spacecraft, which include adding the use of extended Ku-band frequencies for both domestic and international service and expansion of the spacecraft's coverage area for both standard and extended Ku-Band to include South America. GE Americom requests a waiver of our requirement in 47 C.F.R.  25.202(a)(1), n. 2 that the 11.45-11.7 GHz band be used only by international systems, arguing that its proposed use does not pose an interference threat to terrestrial fixed wireless services. 4. GE Americom simultaneously requests a modification of its Satcom SN-4 authorization. Satcom SN-4, which currently occupies the 101 W.L. orbit location, became operational in April 1991 and has an expected end of life of December 2004. GE Americom proposes to relocate Satcom SN-4 to the 72 W.L. orbit location once GE-4 is operating at the 101 W.L. orbit location. III. DISCUSSION A. Reassignment of GE-4 and Satcom SN-4 2. The GE Americom modification requests propose, in part, to alter its current authorizations by exchanging orbit locations between the GE-4 and Satcom SN-4 satellite and add coverage to South America for the GE-4 satellite. The Commission has historically recognized that licensees may for a variety of reasons reasonably request changes to a current authorization and has provided for such changes in our rules. Our expressed policy regarding the licensing of satellites is to carry out this process in a manner that promotes competition, flexibility, and technical innovation. To this end, the Commission attempts, when possible, to leave spacecraft design decisions to the space station licensee because the licensee is in a better position to determine how to tailor its system to meet the particular needs of its customers. Consequently, the Commission will generally grant a licensee's request to modify its system provided there are no compelling countervailing public interest considerations. 3. GE Americom asserts that its proposed exchange of orbital locations of GE-4 and Satcom SN-4 will allow GE Americom to better manage its fleet in response to customer demand. It further states that no party will be adversely affected by its proposals because grant of the modification applications will not change the number or identity of the orbital locations assigned to GE Americom or result in coordination difficulties. 4. PanAmSat Corporation ("PanAmSat") states that it does not oppose either modification application "per se". However, it expresses concern about potential coordination issues between GE-4 and PanAmSat's proposed replacement for Galaxy IV at 99 W.L., and between Satcom SN-4 and PanAmSat's SBS-6 satellite located at 74 W.L. PanAmSat further notes that GE Americom failed to provide an adjacent satellite analysis of Satcom SN-4 with respect to PanAmSat's SBS-6 spacecraft. 5. GE Americom states that coordination negotiations with PanAmSat regarding concerns about the 99 W.L. and 101 W.L orbit locations have been on-going and that many of the technical issues concerning GE-4 have been successfully resolved. It asserts that it does not anticipate any difficulty in successfully completing a coordination agreement. As for SN-4, GE Americom indicates that it will be a less powerful, and therefore less interfering, satellite than the spacecraft GE Americom was authorized to launch into the 72 W.L. orbit location. It has now submitted an interference analysis seeking to demonstrate that SN-4 will not unduly interfere with SBS-6 at 74 W.L. 6. We conclude that a grant of GE Americom's request to modify orbit locations and expand coverage would serve the public interest. The modifications will permit GE Americom to enhance service to customers from the 101 W.L. orbit location, while expediting the initiation of service from the 72 W.L. orbit location. In regard to GE Americom's request to include coverage of South America from the GE-4 spacecraft, we note that DISCO I changed the policy that previously limited domestic fixed-satellites from providing international service. The new policy, instead, eliminated the distinction between U.S.-licensed domestic fixed-satellites and international separate system satellites. Therefore, GE-4 may serve South America in this situation, subject to international coordination. 7. As for coordination issues raised by PanAmSat, we note that we have repeatedly stated that we expect licensees to bear the responsibility of coordinating adjacent satellites pursuant to the two- degree orbital spacing requirement because they are in the best position to determine the technical and economic tradeoffs inherent in reaching a coordination agreement. We will not become involved in these coordination efforts unless the parties are unable to reach an agreement and request that we participate. In any event, the record here presents no potential problems that appear insurmountable. To the contrary, it appears that most coordination concerns have been addressed. It is reasonable to expect that with good faith efforts, the affected operators will be able to reach a final coordination agreement. H. Request for Authorization to Use the 13.75-14.0 GHz Frequency Band 9. As part of its request to modify the GE-4 authorization, GE Americom proposes to add the use of the 13.75-14.0 GHz "extended" Ku-band. This frequency band is allocated domestically and internationally to the fixed-satellite service (FSS) in the Earth to space direction, subject to restrictions embodied in certain footnotes to the international regulations and the domestic Table of Allocations. In particular, footnote S5.503A to the ITU Radio Regulations requires that, prior to January 1, 2000, the FSS shall not cause harmful interference to non-geostationary space stations in the space research and earth exploration satellite services. There are further restrictions placed on the FSS earth stations in footnotes S5.502 and S5.503. In addition, concerning domestic allocations, footnote US337 to 47 C.F.R.  2.106 requires that coordination of FSS earth stations operating in the 13.75-13.80 GHz band be coordinated through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee (IRAC) Frequency Assignment Subcommittee in order to minimize interference to the forward space-to-space link of the National Aeronautics and Space Administration (NASA) Tracking and Data Relay Satellite System (TDRSS). In this regard, we have received a letter from the NTIA requesting that we identify these requirements in any grant of authority to operate a satellite in the 13.75- 14.0 GHz band. We, therefore, will require that the operations of the GE-4 network in the band 13.75-14.0 GHz be consistent with these various international and domestic regulatory footnotes. C. Request for Waiver to Allow Use of the 11.45-11.7 GHz Frequency Band 10. The 11.45-11.7 GHz band is allocated domestically to the FSS on a co-primary basis with the terrestrial fixed service (FS) and allocated internationally to the FSS, FS, and mobile services. The GE Americom modification application states that it intends to provide both domestic and international service consistent with Commission policies but proposes use of the (downlink) 11.45-11.7 GHz "extended" Ku-band domestically even though Commission rules permit FSS use of this portion of the "extended" Ku-band on an international basis only. GE Americom, therefore, requests a waiver to the extent that our rules and policy prohibit use of the 11.45-11.7 GHz frequency band for FSS domestic service use. It argues that its planned use of the 11.45-11.7 GHz band would not constitute a threat to terrestrial wireless services and that any interference concerns that arise can be dealt with through the coordination process. GE Americom asserts that coordination between domestic FSS and terrestrial fixed- satellite services is successfully accomplished in other bands, such as the 4/6 GHz band, and can be successfully accomplished in this band segment as well. It further contends that flexibility to use this band for both international and domestic service is necessary in order to make optimum use of its investment in new satellite capacity. GE Americom, moreover, asserts that this prohibition on domestic use is facially inconsistent with DISCO I where the Commission eliminated the distinctions between U.S.- licensed domestic fixed-satellites and international separate system satellites. No party opposes GE Americom's request. 11. Footnote NG104 to section 2.106 of our rules states that "[t]he use of the bands 10.7-11.7 and 12.75-13.25 GHz in the fixed-satellite service is limited to international systems, i.e., other than domestic systems." The Commission limits the use of these bands to international satellite service and prohibits purely domestic use. This policy was implemented because even though the ITU Radio Regulations allocate the 10.7-11.7 GHz "extended" Ku-band frequencies to the fixed-satellite service, in the United States the terrestrial wireless service is also allocated the use of these frequencies. The fixed- satellite service was prohibited from using these frequencies domestically in order to limit the number of FSS earth stations with which the terrestrial fixed service would be required to coordinate. Therefore, any use of these frequencies by an FSS system to provide both domestic and international service would require a waiver, which GE Americom has requested. 12. Commission rules allow for waiver where good cause is shown. In particular, a waiver may be appropriate where a grant would not undermine the underlying policy objectives of the rule in question and unique circumstances support a finding that strict adherence would not be in the public interest. The United States Court of Appeals has stated that "an agency may discharge its responsibilities by promulgating rules of general application which, in the overall perspective, establish the 'public interest' for a broad range of situations, [however, this] does not relieve it of an obligation to seek out the 'public interest' in particular, individualized cases." 13. In this case, GE Americom's proposed FSS domestic services use of this band would undermine the policy objective of limiting use to international systems. There is no indication in GE Americom's showing that domestic use would involve a very limited number of FSS earth stations. In fact, GE Americom appears to advocate much more extensive use of the band. While GE Americom is correct that some potential problems can be addressed through the coordination process, deployment of earth stations can preclude further deployment of fixed services in the significantly sized areas surrounding earth stations. This has an impact regardless of whether interference to currently operating fixed services can be addressed through the coordination process. Thus, GE Americom's proposal could potentially undermine the purpose of the rule, namely to minimize the overall number of earth stations in order to limit the areas in which future terrestrial fixed service would be precluded. In addition, GE Americom fails to specifically show how adherence to this policy is unnecessary or counter to the public interest. At the very least, GE Americom would have to provide an analysis that demonstrates how additional domestic use of the 11.45- 11.7 GHz band would serve the pubic interest, bearing in mind these considerations. We conclude, therefore, that it would not be in the public interest to grant a waiver where the objective of the policy would be so directly undermined. To the contrary, the public interest is served by a policy that minimizes potential interference and coordination difficulties with terrestrial fixed services. 14. Furthermore, we note, as the Commission has previously, that the issue of whether or not the 11.45-11.7 GHz band should be more readily available for FSS use is better addressed in a notice and comment rulemaking. The incumbent and potential fixed microwave licensees in these bands may be unaware of GE Americom's request and thus may not have had a reasonable opportunity to file comments in this proceeding in order to address the issue. The issue of whether to allow more extensive satellite use of this band is currently under consideration in a rule making proceeding. Accordingly, we dismiss GE Americom's request regarding domestic use, without prejudice. Consistent with precedent, however, we believe that GE Americom can use the 11.45-11.7 GHz band for international service, subject to international and domestic coordination requirements. D. Request for STA to Test GE-4 15. GE Americom has requested special temporary authority to test GE-4 for a period of 90 days after launch, prior to implementation of service. It explains that the STA is needed to permit testing of GE-4 without disrupting the services being provided by Satcom SN-4 at 101 W.L. No comments were filed in regard to GE Americom's request. 16. Testing is necessary in order to insure proper operation of a satellite. The Commission routinely grants requests to test newly launched satellites, so long as satellites currently operating are not subject to any harmful interference. GE Americom's brief use of the 72 W.L orbit location does not appear to conflict with any currently operating or planned satellite. Therefore, grant of GE Americom's request to test GE-4 at 72 W.L. for a period of 90 days following launch will serve the public interest since it will allow GE Americom to establish the health of its satellite prior to implementing full service to its customers. Our grant of this STA, however, is conditioned on the GE-4 spacecraft not conflicting with the operations of authorized users of the spectrum and/or not causing harmful interference to any authorized user, particularly those operating in adjacent orbit locations. IV. CONCLUSION AND ORDERING CLAUSES 17. GE Americom has demonstrated its compliance with our technical requirements, including the two degree orbital spacing policy with respect to geostationary satellite orbit space stations. The grant of GE Americom's requests to modify space station authorizations is in the public interest as it will promote efficient use of the orbital arc by providing GE Americom with the flexibility needed to manage its fleet to meet customer requirements. However, its request for domestic use of the 11.45-11.7 GHz frequency band is not consistent with Commission rules. GE Americom's use of these frequencies shall be limited to international service, subject to international and domestic coordination, as required. 18. Accordingly, IT IS ORDERED that the GE American Communications, Inc. Application for Modification, File No. SAT-MOD-19981023-0076, IS GRANTED, to the extent indicated herein, and Assignment of Orbital Locations to Space Stations in the Domestic Fixed-Satellite Service,11 FCC Rcd 13788 (1996), GE American Communications, Inc., 11 FCC Rcd 15030 (Int'l Bur. 1996), as modified, Assignment of Orbital Locations to Space Stations in the Domestic Fixed-Satellite Service, 13 FCC Rcd 23684 (1998), and 13 FCC Rcd 23684 (1998), ARE MODIFIED and the GE American Communications, Inc. GE-4 satellite is reassigned from the 72 W.L. orbit location to 101 W.L. 19. IT IS FURTHER ORDERED that the operation of the GE-4 satellite network in the 13.75-14.00 GHz band shall be in accordance with footnotes S5.502 and S5.503 to the International Radio Regulations and footnote US337 to 47 C.F.R.  2.106. 20. IT IS FURTHER ORDERED that the operation of the GE-4 satellite network in the 13.75-14.0 GHz band shall be in accordance with S5.503A to the International Radio Regulations. In particular, until January 1, 2000, this satellite network shall not cause harmful interference to non- geostationary space stations in the space research and Earth exploration satellite services. 21. IT IS FURTHER ORDERED that the GE American Communications, Inc. request for waiver of Section 25.202(a) n.2 of our rules, 47 C.F.R.  25.202(a), n. 2, and footnote NG104 of our rules, 47 C.F.R.  2.106, NG104, to permit domestic service in addition to international service in the 11.45-11.7 GHz band IS DISMISSED. 22. IT IS FURTHER ORDERED that the GE Americom Communications, Inc. request to include the use of the 11.45-11.7 GHz band in the GE-4 authorization IS GRANTED to the extent it is limited to international service, subject to international and domestic coordination, as required. 23. IT IS FURTHER ORDERED that unless extended by the Commission for good cause shown, this authorization shall become NULL AND VOID in the event the space station is not launched and successfully placed into operation in accordance with the technical parameters and terms and conditions of its authorization, as modified, by July 31, 2000. 24. IT IS FURTHER ORDERED that the GE American Communications, Inc. Request for Special Temporary Authority to test the GE-4 spacecraft at 72 W.L., File No. SAT-STA-19990525- 00056, as amended July 12, 1999, IS GRANTED to the extent indicated herein, with the following conditions: (a) GE Americom, Inc. shall coordinate its test operations with all potentially affected operating satellite networks; (b) No harmful interference shall be caused to any lawfully operating satellite network or radio communication system and GE Americom operations shall cease immediately upon notification of harmful interference. Further, GE Americom shall notify us in writing that it has received such a notification within 14 days of receipt; (c) Testing authority is limited to the bands for which the GE-4 satellite is authorized; (d) This authorization is subject to change in any of its terms or cancellation in its entirety at any time upon reasonable notice, but without hearing, if in the opinion of the Commission, circumstances require; (e) This temporary authority shall commence on the date GE Americom launches GE-4, currently scheduled for November 13, 1999, and terminate 90 days from that date. (f) GE Americom shall notify the Commission in writing no later than seven days after testing of GE-4 is completed; and (g) This temporary authority is for testing purposes and shall not be used for the provision of commercial service. 25. IT IS FURTHER ORDERED that the GE American Communications, Inc. Request for Modification, File No. SAT-MOD-19981023-0075, IS GRANTED, to the extent indicated herein, and the GE American Communications, Inc. Satcom SN-4 satellite is reassigned to the 72 W.L. orbit location once GE-4 is launched and operational at 101 W.L. 26. IT IS FURTHER ORDERED, with respect to this entire proceeding, that GE American Communications, Inc. shall prepare any further information required to be submitted to the International Telecommunication Union (ITU) to complete the advance publication, international coordination, and notification process in accordance with the ITU Radio Regulations. We also remind all licensees 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 assignments of other administrations, 47 C.F.R.  25.111(b). 27. IT IS FURTHER ORDERED that the assignment of any orbit location to GE American Communications, Inc. is subject to change by summary order of the Commission on 30 days notice and does not confer any permanent right to use the orbit and spectrum. 28. IT IS FURTHER ORDERED that GE American Communications, Inc. is obliged to comply with the applicable laws, regulations, rules, and licensing procedures in those countries it proposes to serve. 29. GE American Communications, Inc. is afforded thirty days from the date of release of this order to decline this authorization. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. 30. This Order is issued pursuant to Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R.  0.261, and is effective upon release. 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, 1.115, may be filed within 30 days of the date of the release of this order (see 47 C.F.R.  1.4(b)(2)). FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief, Satellite and Radiocommunication Division