WPCB+ 2BJ Z Courier3|xw Roman BoldTimes New RomanX@HP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRSx  @\ vX@26FD 3|x CourierTimes New Roman Boldw Roman BoldTimes New RomanTimes New Roman ItalicSymbolCourierTimes New Roman BoldTimes New RomanTimes New Roman Italic\RX@2v4pkka8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# 2K"vt=a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# 2( }    sa2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# 2 Z    a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p 2  Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . 2z!a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   2A3a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:" X#y0*0*0*"3'#| X  X- >" IRIDIUM "service links", i.e., radio links between the IRIDIUM satellites and METs, for  X-"feeder link" transmission from the satellites to gateway earth stations, and for upward feeder X-2G X- Federal Communications Commission DA 97229Ēlink transmission to the satellites from a gateway station near Tempe, Arizona.G XM-ԍ Motorola Satellite Communications, Inc., 10 FCC Rcd 2268 (1995); Motorola Satellite  X6-Communications, Inc., DA 961789 (released Oct. 30, 1996); U.S. Leo Services, Inc., DA 961790 (released Oct. 30, 1996). x3. 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.  X - ( DISCUSSION ă  X - Requests for Postponement or Interim Conditions x4. 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. 92297, at least not without being conditioned on the outcome of that proceeding. The Commission decided the pertinent issues in Docket 92297 after the  X6-pleadings were filed in this proceeding, however, in a First Report and Order released on July  X-22, 1996.KG X-ԍ Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.529.5 GHz Frequency Band, to Reallocate the 29.530.0 Frequency Band, to Establish  X-Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Service (First Report and Order and Fourth Notice of Proposed Rulemaking), FCC No. 96311  X-(released July 22, 1996), 61 F.R. 39425 (August 28, 1996) ("First Report and Order").  MSC will, of course, be obliged to operate in compliance with the rules adopted  X-in the First Report and Order.  X- Upper Limit of Spectrum Assignment  X- x5. 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 bandsegmentation/sharing plan that it  Xg-adopted in the First Report and Order, the Commission ruled that earthtospace feederlink transmission for the IRIDIUM System must be confined to the 150 MHz band between 29.1  X9-and 29.25 GHz.e9 G X'-ԍ First Report and Order, supra, at 63.e There is no indication that the Commission had any intention of assigning a  X"-wider frequencyrange for control transmissions to IRIDIUM satellites, and we see no reason""S 0*0*0*z" to do so. We will therefore grant the applications only in part, authorizing a transmission frequency range of 29.129.25 GHz.  X- Request for Partial Waiver of Power and Spectral Emissions Limits  Xv-x6. 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 uplink powerboosts during periods of precipitation fading. It contends that the increase is warranted in light of the  X1-protection and tracking requirements of lowearthorbit 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 spuriousemissions suppression standard that  X -would permit higher intermodulation levels during rainfade conditions. F Xe -ԍ The proposed mask is identical to the one that we have accepted for application to the  XN-first IRIDIUM gateway station. See U.S. Leo Services, supra, at n.9. The reference in 6 of that order to the figure 0.00072 percent as a probability is incorrect; actually it represents a percentage of the time, on longterm average.  X -x7. 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. x8. Consistent with our disposition of analogous requests in the IRIDIUM gateway X-station license order,f6F X-ԍ U.S. Leo Services, supra, at 10.f 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  X-transmitting in the Ka Band to lowearthorbit NGSO satellites and we believe that the alternative standards that it proposes are sufficient, particularly in view of the fact that, in  Xe-consequence of the Commission's recent adoption of a bandsegmentation plan in the First  XN-Report and Order in Docket 92297, MSC's earth stations will not share assigned spectrum with GSO FSS systems. x "0*&&aa"Ԍ X- Pertinence of Sections 25.209 and 25.210  X-x9. MSC requests issuance of a clarifying statement that the earthstation antennaperformance 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  XH-earth stations in compliance with the requirements in Subsections (a)(2) and (b) of 25.209.JHF X -ԍ See id. at  1112.J  X -  Coordination with GSO FSS Systems  X -x10. 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  Xy-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 cochannel interference is now moot, as we explained in discussing an identical  X4-request from Lockheed in the IRIDIUM gateway license order.=4{F X`-ԍ Id.at 18.= As before, we decline to impose a requirement for coordination with GSO/FSS licensees with respect to outofband emissions, as it has not been shown that there is any likelihood that outofband emissions  X-from the proposed stations would interfere with GSO/FSS transmissions.B .F X-ԍ See id. at 18.B x  X- Regulatory Status x11. MSC requests a declaratory ruling that its operation of the earth stations will not be subject to commoncarrier regulation. It emphasizes in this regard that it will use the stations only to provide internal functions for the IRIDIUM System under longterm contract, rather than to provide communication service directly to the public.  X - >" "  0*&&aa["  X- >" x12. As we recognized when granting the first IRIDIUM gateway license,` F Xy-ԍ U.S. Leo Services, Inc., supra, at 21.` 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 commoncarrier regulation on the provision of  X-earthtosatellite 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 spacesegment service components as common carriers and regulate them  X_-accordingly,~ _{F X -ԍ Big LEO Report and Order, supra, 9 FCC Rcd at 600305,  178181.~ and we recently held, likewise, that it would not serve the public interest to require the IRIDIUM System's earthtosatellite feeder links to be provided on a common X1-carrier basis.` 1.F X-ԍ U.S. Leo Services, Inc., supra, at 22.` We see no reason to conclude otherwise here with respect to TT&C stations. x  X -  ORDERING CLAUSES ă x13. Accordingly, pursuant to authority delegated by 47 C.F.R. 0.261, IT IS ORDERED that Application File Nos. 992DSEP/L96 and 1116DSEP/L96 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. x14. 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.  X-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 releasedate of this  X-order, except as the Commission may otherwise order for good cause shown; (3) the licensee  X-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 foreignlicensed stations. See 47 C.F.R. 25.111(b).  >" " 0*&&aa<"  >" x15. 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. x16. 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. x17. This license is subject to the rights of use or control conferred by 47 U.S.C. 706.  X -   x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Donald H. Gips x` `  hh@Chief, International Bureau x