PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, DC 20554 ___________________________________________________ News media Information 202/418-0500 Recorded listing of releases and texts 202/418-2222. Report No. SPB-105 October 15, 1997 SATELLITE POLICY BRANCH INFORMATION: Satellite Application Accepted For Filing in the 18.8-19.3/28.6-29.1 and 19.7-20.2/29.5-30 GHz Bands Cut-off Established for Additional Applications in the 18.8-19.3 and 28.6-29.1 GHz Bands The Commission has found, upon initial review, that the following application is acceptable for filing in the 18.8-19.3/28.6-29.1 GHz and 19.7-20.2/29.5-30 GHz frequency bands. The Commission reserves the right to return this application if, upon further examination, it is determined that it is defective or not in conformance with the Commission's rules, regulations, and policies. The Commission emphasizes that neither initial acceptance of this application for filing, nor this Public Notice, should in any way be construed as evidence of any predisposition on the part of the Commission with respect to the international or domestic regulatory changes that must be effected before this application can be granted. We further note that coordination with the National Telecommunications and Information Administration (NTIA), which has primary jurisdiction over U.S. Government use of spectrum, must occur with respect to the proposed bands shared between Government and non-Government uses, prior to any grant of this application. Motorola Global Communications, Inc. File No. 79-SAT-P/LA-97(63) Motorola Global Communications, Inc. (Motorola) has filed an application for authority to construct, launch, and operate the Celestri Multimedia LEO System, a non- geostationary orbit (NGSO) global satellite system providing FSS in the Ka-band. The Celestri LEO System accounts for one of three Motorola satellite systems geared towards integrating broadband FSS services to various market segments. The other two systems consist of the licensed geostationary orbit (GSO) FSS Millennium system and the proposed NGSO FSS M-Star System. The proposed Celestri LEO System consists of 63 low-Earth orbit (LEO) satellites rotating in circular orbits at an altitude of 1400 kilometers in seven inclined orbital planes. The proposed service and gateway links include the 18.8-19.3 and 19.7-20.2 GHz bands (space-to-Earth), and the 28.6-29.1 and 29.5-30.0 GHz bands (Earth-to-space). In addition, the tracking, telemetry, and command ("TT&C") high gain links will operate in these frequency bands. The system will employ optical inter-satellite links to interconnect the satellite network in space. Motorola represents that it can share spectrum with other NGSO and GSO systems through the use of space diversity, whereby sufficient angular separation is maintained between the satellites of separate systems so that their respective earth stations can discriminate between the systems and provide interference-free service. Motorola states that in the 19.7-20.2 GHz and 29.5-30.0 GHz bands, it is not requesting protection from interference caused by, and will not cause unacceptable interference to, any existing or future licensed GSO system operating in these bands in accordance with generally accepted industry standards and Commission rules. Motorola also states that it is not requesting protection from fixed service transmissions of its ubiquitous terminals in the 18.8-19.3 GHz band. Motorola's proposed system will operate multi-beam phased array antennas with fixed beams to provide ubiquitous coverage throughout the satellite footprint. By utilizing single or multiple low power and low cost earth terminals, the Celestri LEO System will provide access to the satellite constellation with equivalent antenna aperture sizes from 0.3 to 1 meter, and will support bit rates from 2.048 to 155.52 Mbps. Motorola plans to operate the Celestri LEO System on a non-common carrier basis. Comments or petitions regarding this application may be filed on or before December 1, 1997. Replies and oppositions may be filed on or before December 22, 1997. Responses may be filed on or before January 6, 1998. CUT-OFF ESTABLISHED FOR ADDITIONAL APPLICATIONS On October 9, 1997, the Commission adopted a Report and Order setting forth service rules for entities proposing to operate Ka-band satellite systems in the Fixed Satellite Service. See Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Service, Third Report and Order, FCC 97-378 (adopted October 9, 1997). This Public Notice establishes a cut-off date for applications to be considered in the 18.8-19.3 GHz and 28.6-29.1 GHz bands. The Bureau invites new applications to construct, launch and operate U.S.-licensed space stations to provide satellite services in the 18.8-19.3 GHz and 28.6-29.1 GHz bands. The Bureau invites those entities seeking to operate in the U.S., using non-U.S. licensed space stations in the 18.8-19.3 and 28.6-29.1 GHz bands, to file an earth station application proposing to operate with a non-U.S. licensed space station. Alternatively, these entities may file a letter of intent to provide satellite service in the 18.8-19.3 and 28.6-29.1 GHz bands in accordance with the procedures outlined in the Public Notice released by the Commission on April 16, 1997. We do not intend to require space stations that are licensed by, or are the subjects of license applications to other administrations to obtain a separate (and duplicative) space station license from the United States before serving the U.S. market. Each new application, or letter of intent must include a concrete, comprehensive proposal for its proposed system, describing in detail all pertinent technical, operational and ownership aspects of the system and its ability to proceed expeditiously with construction and launch. Entities filing earth station applications or letters of intent to use non-U.S. satellites must include in their filings an exhibit containing this information for the space station they seek to access. This should include the information specified in Section 25.114 of the Commission's Rules, 47 C.F.R.  25.114, as amended by the Commission's Part 25 Streamlining Order, including appropriate information related to any feeder link and telemetry, tracking, and control requirements. However, applicants seeking to use a non-U.S. licensed satellite to serve the United States need not file financial information in cases where the non-U.S. satellite is in-orbit and operating, even if the information is required for that service under our rules. Further, applicants need not file the technical information specified in Sections 25.114(c)(5) through 25.114(c)(12), where international coordination for the non- U.S. licensed satellite has been completed through the International Telecommunication Union ("ITU") and the network has been notified to the ITU, unless the technical characteristics of the proposed system or service differ from the characteristics established in the ITU coordination process. In order to be considered as part of the processing round, applicants are required to apply for and file corresponding fees for launch and operating authority as set forth in Section 1.1107 of the Commission's rules, 47 C.F.R.  1.1107. (Construction authority and corresponding fees are no longer required.) Thus, applicants for non-geostationary satellite systems would file the fee listed for "Space Stations (Low Earth Orbit Satellite Systems)" on a per system basis (see 47 C.F.R.  1.1107(10)(b)) and applicants for geostationary satellite systems would file the fee listed for "Space Stations (Geostationary)" on a per satellite basis (see 47 C.F.R.  1.1107(9)(b)(1)). Pursuant to Section 1.1117 of the Commission's rules, 47 C.F.R.  1.1117, requests for a waiver of the fees will be considered on a case-by-case basis. Entities filing earth station applications to access non-U.S. satellites must file an earth station filing fee. Entities filing letters of intent need not file application fees with their proposals. Pursuant to Section 25.155 of the Commission's rules, 47 C.F.R.  25.155, interested parties wishing to file, in the 18.8-19.3 GHz and 28.6-29.1 GHz frequency bands, any of the following items: (1) new U.S. space station applications, (2) earth station applications, or (3) letters of intent to use non-U.S. licensed space stations to be considered in this processing round must do so on or before December 22, 1997. Section 25.110(d) requires space station applicants to file an original and nine copies of their submissions. Proposals that fail to provide all required information in their filings or fail to include the appropriate filing fee as of the cut-off date will be dismissed as unacceptable for filing. Applicants filing by the cut-off date will be afforded an opportunity to amend their applications, if necessary, to conform to any requirements and policies that may be adopted subsequently for space stations concerning the provision of service in these bands. A copy of this application will be available for public inspection in the International Reference Center, Room 102, 2000 M St. N.W., Washington, D.C. and from ITS Duplicating Services at 202-857-3800. For further information, contact Julie Garcia at 202-418-0763 or Kathleen Campbell at 202-418-0753. - FCC -