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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:A.SSxSSJJSJS+SSSSS8SSSSSSSSS.xJxJxJxJxJorJiJiJiJiJ8.8.8.8.{SxSxSxSxS{S{S{S{SxSxJ{SxSxSxS{S`SxIxSxIqIqIrSrS{dgIiSiSgIxSxSxSxSxS{S{S8.SSSS8Sz]SSuSg/gK,H6X@`7h@\ {,W80,Q0W*f9 xr G;X!y.X80,X\  P6G;P ?xxx,hx6Nhez7XH\#5hC:,Q2Xh*f9 xr G;XX$x/c81,:Mc PE37P%d!I,&,weI2PG;P<zC8,}[XzV p7X2CTS Y",tB^ f ^88Qdd4??d888ddddddddddd88N||NHx|k?d?dd4]oUoYFkv;8o;vkooUHHvkkh`dddd4ddddd8ddddddddv;]]]]]U~Y~Y~Y~YN;N;N;N;vkkkkvvvvh]pkkhk~odddXXddX|d|dXdkkkkvvL;dvddNvsddo8PxdzQz;ppvdkXXdpLkHpLkdPDdvpvvpvhX`Xoxdvkddh8dd444WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNddd8N``ddd]]dFodddF44]]d??ddzzdddvv4]dF"dhd9dCCz8ddoddddYds`zUvddd????zozoY~NYYYN8YooYdYz~dzddYYzozzz~NdzYzzzz88dddddddzdzdYC\   pxtll\tll@\@\`L2Y X-  D9 X<x` `  hh@hpp  w  #Xj\  P6G;9XP#Federal Communications Commission`i(#DA 97885  yxdddy č8C#XR  P7jQXP# #Xj\  P6G;9XP#2+Before the Đ X-TP[  FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554  X-T P  X-X` hp x (#%'0*,.8135@8: Y O<ԍ#X\  P6G; P#` ` See# x6X@`7iX@# #W*f9 xr G;0X#Public Notice Report No. SPB53#X\  P6G; P#, Released July 17, 1996.# x6X@`7iX@#(#` >  X -x7.` ` The Department of Commerce's National Oceanic and Atmospheric Administration ("NOAA") licensed WorldView Imaging Corporation ("WorldView") and Ball Aerospace and Communications Group ("Ball") to operate LEO remotesensing satellite  Xy-systems y Y O<ԍ` ` #X\  P6G; P#Letter from the United States Department of Commerce, NOAA, to Donovan B. Hicks, President, Ball Aerospace and Communications Group, dated September 2, 1994.(#` pursuant to the Land Remote Sensing Policy Act of 1992 (the "Land Remote  Xb-Sensing Act").b(Y O;!<ԍ` ` 1#X\  P6G; P#5 U.S.C.  5601 et seq.# x6X@`7iX@# #X\  P6G; P#NOAA is responsible for administering the Act for the Department of Commerce.(#`  EarthWatch is a subsidiary corporation of Ball. In connection with the subsequent merger of WorldView into EarthWatch, NOAA approved the transfer of"K0*&&qqg"  X-Worldview's and Ball's operating licenses to EarthWatch.Y Oy<ԍ` ` #X\  P6G; P#Letter from the United States Department of Commerce, NOAA, to Dr. Walter S. Scott, Chief Technical Officer, EarthWatch, Incorporated, dated August 29, 1995.(#` EarthWatch contends that the NOAA operating licenses authorize it to add two LEO remotesensing satellites to its  X-system.|0Y O<ԍ` ` #X\  P6G; P#EarthWatch Application at 1.(#` | Under the Land Remote Sensing Act, the Secretary of Commerce must license a private U.S. remotesensing satellite applicant before the applicant can operate a satellite system. However, the Commission is only responsible for licensing all radio transmitting  X-facilities and frequencies used to collect data by remotesensing satellite systems.02Y O <ԍ#XzV p7[X##X\  P6G; P#` ` As noted in our August 1995 Order, the Commission remains responsible for publication, coordination and registration of such satellites internationally with the International Telecommunications Union ("ITU") Radiocommunication Bureau pursuant to international  {Ov -Radio Regulations. See 47 C.F.R.  25.111(b).# x6X@`7iX@##X\  P6G; P#(#` 0  X_- ]#III. D iscussion  X1-  x8.` ` In reviewing EarthWatch's application we must determine whether or not the proposed modifications will interfere with other authorized operations in the 80258400 MHz and 20252110 MHz frequency bands in which EarthWatch desires to operate. More generally, we must also determine if EarthWatch remains qualified to construct, launch and operate the LEO remotesensing satellite system, as modified.  X -A.xOperation in 80258400 MHz Frequency Band  Xy-x9.` ` EarthWatch proposes to downlink data in the 80258400 MHz frequency band and operate its downlink telemetry, tracking and command ("TT&C") functions for the two additional satellites in this band as well. The 80258400 MHz frequency band is allocated on a primary basis to the nongovernment Earth explorationsatellite service in the United States, subject to a casebycase electromagnetic analysis of compatibility with United States  X-government and other authorized operations in the band.Y O<ԍ` ` #X\  P6G; P#See # X\  P6G; P#47 C.F.R.  2.106; Footnote US 258.(#` Ƹ  X-x(i)` ` Downlink Data Transmissions  X-x10.` ` EarthWatch's currently authorized satellites use 35 MHz of spectrum at 83058340 MHz for downlink data transmissions. So that it can accommodate the increased data flow expected from its two additional satellites, EarthWatch requests authorization for the two additional satellites to use 320 MHz of spectrum at 80258345 MHz for downlink data transmissions. "Nj 0*&&qq"Ԍ X-ԙx11.` ` The Interdepartmental Radio Advisory Committee determined that the reception of downlink data transmissions in the 80258345 MHz frequency band at the Longmont, Colorado earth station may receive harmful interference from the operation of existing  X-transmitting earth stations and/or government fixed stations. In addition, our #Xh*f9 xr G; 2XX#August 1995  X-Order# Xj\  P6G;9XP# stated that other remotesensing satellite systems may need to share frequencies with EarthWatch would be required to coordinate its operations and the location of its earth  Xz-stations with any other systems.zY O<ԍ` ` #W*f9 xr G;0X#See#X\  P6G; P# # W*f9 xr G;0X#August 1995 Order#X\  P6G; P# at  10.(#` We believe that preserving the 80258400 MHz frequency band for shared use by United States government operations and new commercial remotesensing satellite service entrants promotes competition in this market and is in the public interest. Accordingly, we authorize EarthWatch to use the 80258345 MHz frequency band for downlink data transmissions for its two additional LEO remotesensing satellites, subject to two conditions: (1) EarthWatch's use must be on an equal status to all other authorized primary users of the frequency band; and (2) EarthWatch's completion of frequency coordination of its operations, domestically and internationally, in this frequency band with other primary users, remotesensing satellite system providers, and United States government operators in this frequency band.  X}-x(ii)` ` Downlink TT&C Transmissions  XO-x12.` ` We also authorize EarthWatch to conduct downlink TT&C operations in a 4.2 MHz channel at 8030 MHz for the two additional LEO remotesensing satellites, on the condition that it share this frequency band and coordinate its use of the band with other primary commercial users and United States government operators.  X-B.x Operation in the 20252110 MHz Frequency Band  X-x13.` ` EarthWatch proposes to conduct uplink TT&C transmissions for its two additional satellites in the 20252110 MHz frequency band. The 20252110 MHz frequency band is allocated on a domestic basis to earthtospace transmissions for space research and Earth explorationsatellite service subject to such conditions as may be applied on a caseby XR-case basis.RhY Ok<ԍ` ` #W*f9 xr G;0X#See#X\  P6G; P# 47 C.F.R.  2.106; Footnote US 90.(#` ư Such transmissions shall not cause harmful interference to nonGovernment  X;-stations operating in accordance with the Table of Frequency Allocations.;Y O!<ԍ` ` #W*f9 xr G;0X#See#X\  P6G; P# # W*f9 xr G;0X#id.(#` Ƶ The definition of Earth explorationsatellite service includes any feeder links necessary for operation of the "$0*&&qqz"  X-service.Y Oy<ԍ` ` #W*f9 xr G;0X#See#X\  P6G; P# 47 C.F.R.  2.1(c) (1996).(#` ƨ Feeder links are radio links conveying information, TT&C signals for example,  X-between an earth station and a satellite other than for a space radiocommunication service.chY M<ԍ` ` #W*f9 xr G;0X#Id.(#` c  X-x14.` ` The Earth explorationsatellite service permits use of feeder links necessary to convey nonspace radiocommunication service information from an earth station to a  X-satellite.Y OD <ԍ` ` #W*f9 xr G;0X#See #X\  P6G; P#47 C.F.R.  2.1(c) (interpreting the definition of Earth explorationsatellite service).(#` We find that TT&C transmissions are necessary for tracking and control of all aspects of the space operations of EarthWatch's two additional LEO remotesensing satellites. Thus, we conclude that Footnote US 90 to the Table of Frequency Allocations in the Commission's Rules permits TT&C transmissions in any feeder links used for Earth explorationsatellite service in the 20252110 MHz frequency band. Accordingly, we authorize EarthWatch to use 30 KHz of bandwidth at the 2085.6875 MHz and 2094.896 MHz frequencies for its uplink TT&C transmissions. Such use, however, must be on an equal status to all other authorized nongovernment systems operating under a primary status in the frequency band. As an operator sharing this frequency band, EarthWatch will also be required to complete frequency coordination with other primary users of an allocated service. We believe that EarthWatch should be able to coordinate its uplink TT&C operations with other primary users in the band and do not view EarthWatch's choice of an uplink TT&C frequency in the 20252110 MHz frequency band as a reason to deny its application for modification of its authorization.  X4-C.xQualification  X-x15.` ` In our #Xh*f9 xr G; 2XX#August 1995 Order# Xj\  P6G;9XP#, we determined that EarthWatch is qualified to operate a system in the Earth explorationsatellite service. At this time, we are not aware of  X-any new facts or circumstances that would warrant a review of that determination#Xh*f9 xr G; 2XX## Xj\  P6G;9XP#. EarthWatch, therefore, is qualified to hold space station licenses for the two additional satellites it proposes to operate.  X~-D.xInternational Coordination  XP-x16.` ` The two additional satellites to be constructed, launched and operated by EarthWatch will become part of its global LEO remotesensing satellite system. As required  X"-in our #Xh*f9 xr G; 2XX#August 1995 Order# Xj\  P6G;9XP#, EarthWatch shall provide the Commission with all information required for advance publication, coordination and notification of frequency assignments pursuant to the international Radio Regulations and for consultation pursuant to Article 14 of"0*&&qq<"  X-the INTELSAT Agreement.Y Oy<ԍ#X\  P6G; P#` ` See# x6X@`7iX@# #X\  P6G; P#47 C.F.R.  25.111(b).(#` In view of EarthWatch's intention to locate earth stations in Italy and Japan, we reiterate that the Commission will retain jurisdiction to require United States licensees to meet both their international obligations and any national requirements imposed by other licensing administrations. Authorizations and approvals required for the implementation of a transmission link between an earth station and the EarthWatch space segment will remain solely within the host country's jurisdiction.  X_-  IV. Conclusion TP  X1- ` x17.` ` Granting EarthWatch's application to add two satellites to its previously authorized  xLEO remotesensing satellite system serves the public interest, convenience and necessity. The  ximproved image resolution expected from EarthWatch's two additional satellites should increase competition in the market for satellite imagery data. This benefit alone is in the public interest.  X -.  V. Ordering Clauses TP  X-x18.` ` Accordingly, IT IS ORDERED that, subject to the conditions set forth in this Order, Application File No. 137SATML96 IS GRANTED and EarthWatch IS AUTHORIZED to construct, launch and operate two additional space stations in the Earth explorationsatellite service to operate in the 80258345 MHz frequency band and telemetry, tracking and command in the 20252110 MHz frequency band in accordance with the technical parameters set forth in the EarthWatch Application.  X-x19.` ` IT IS FURTHER ORDERED that, unless extended by the Commission for good cause shown, this authorization will become null and void in the event the space stations are not constructed and launched in accordance with this authorization by the following dates:  X-X` h^x (#%'0*,.8135@8: