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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:^x6X@`7X@07nC:,Xn4  pG;X37jC:,3Xj\  P6G;XP 4W!@(#,9h@\  P6G;hP\>5hC:,-Xh*f9 xr G;XX@1mC9,D Xm2PG;XP?/qC:,Jc\Xq2pPG;XA[A(",DkhA2PG;hPTB1mC:,UXm2xjAG;XX7gC9,b)Xg\  PAXPCourierTimes New Roman BoldTimes New RomanTimes New Roman ItalicArialArial BoldArial ItalicSymbol23K3/,~1=c"i~'^::Jpp.DDLt8D88pppppppppp::tttr̆|8fr||:8:^p.prfrp:rr..f.rrrrFf:rfffdF6FtD8t^DDD:DDDDDDdD|8pppppʲfpppp99999999rrrrrrrrrfpr~rfrrpppfftf|pppprrrtrtr8.D|DD8|Xttfr.r8rDrNr.r|rrrrʾFFFffft|H|:|^rrrrrrt|d|d|drrDrf|Df|:dp,*,WddddddddddddddddddddddddddddddddddddddddNHxxHlpD|pppppLJpDHpD,,DDpDDxppzHxxHhdd,DdD"dxdldtxxd"*^9D]gdCDDgq3q39gggggggggg99qqq[~~vCN~sk~CCDddCYdYdYCdd88d8ddddJN8ddddYc)cN_xdxdCYdgdddddFCChhd44ddzdddvooChdF"dȇdpqqq9"qDDqqq||CRodq8f3UYd||֐Z||fqȲqqKozoY~dz]sY84zddvkdsqrqzdd~YYzozzz~CdzszCCdddo23 X< ~#XU4  pQ|X# "  Federal Communications Commission   DA 97 1366  Tyxdddy T 7+Before the   Federal Communications Commission  X-  Washington, D.C. 20554#XP\  P6Q9XP# TP  X-X01Í ÍX01Í ÍIn re application of hh@h)  X}-X` hp x (#%'0*,.8135@8:ky X#4ԍ 47 C.F.R. 2.102.> so as to permit Constellation to make use of spectrum that has been internationally allocated for MSS feeder links, subject to any pertinent restrictions subsequently promulgated in a rulemaking to consider amendments to the U.S. Table of Allocations to conform to the international allocations in this respect. "0*(("Ԍ X420. Its specification of the upper portion of the internationallyallocated 67007075 MHz MSS feederlink band is problematic, however, in light of other claims on that spectrum. L/Q is already licensed to use 68757055 MHz for spacetoearth feederlink  X4transmission for its "Globalstar" system,cy X64ԍ See L/Q Licensee, cited in n.30, supra.c and MCHI similarly specifies 68757075 MHz for spacetoearth feeder links. It is unclear whether more than two MSS systems can use the same 6/7 GHz frequencies for codirectional feederlink transmission without causing unacceptable mutual interference. Computer simulation studies conducted in preparation for WRC95 indicated that two NGSO MSS systems could feasibly share spectrum for codirectional feederlink transmission, but insufficient data was available to support a conclusion as to the feasibility of bidirectional sharing or codirectional sharing between three or more  X 4systems. {y XH 4ԍ CPM Report on technical, operational, and regulatory/procedural matters to be  X14considered by the 1995 World Radiocommunication Conference, Sections 3.4.1 and 3.4.2. (April 1995). We therefore grant Constellation a conditional authorization for spacetoearth feederlink transmission in the 68757025 MHz band; before commencing operation Constellation must demonstrate that it can feasibly share that spectrum with all other persons or organizations with full or conditional authority to use any part of it for feederlink  X 4transmission to gateway stations in the United States. y Xo4ԍ Alternatively, MCHI may apply for license modification, specifying the lower  XZ4segment of the 67007075 MHz band. See Big LEO Reconsideration Order, supra, at 42. There may also be international coordination issues with respect to use of these frequencies that will have to be addressed prior to commencement of ARIES operation.  Xd421. Earthtospace feeder links. Constellation indicated in its 1994 amendment that it planned to use 50505250 MHz for feederlink transmission from gateway Earth stations to the ARIES constellation. We are granting authority to construct the ARIES satellites to receive the somewhatnarrower 50915250 MHz band that has been internationally allocated for NGSO MSS feeder links. This authorization should not be construed as a license for Earthtospace transmission; such authority must be requested in an Earthstation application filed pursuant to 47 C.F.R. 25.130. Authorization for operation at 50915250 MHz will be subject to any pertinent restrictions promulgated in a rulemaking to consider amending the U.S. Table of Allocations, which does not currently designate that band for MSS feeder links, to conform it to the international allocation table. Such authorization will also be subject to  X4the limitations in S5.444A of the ITU's regulations.vy X#4ԍ S.5.444A states that the 50915150 MHz band is allocated to the fixedsatellite service on a primary basis for Earthtospace feeder links for nongeostationary MSS systems, with the following provisos: use of that band prior to January 1, 2010 for feeder links for nongeostationary MSS is subject to coordination under Resolution 46 (Rev. WRC95)/No. S9.11A and shall be in accordance with Resolution 114 (WRC95); prior to January 1, 2010 the"q'0*((['" requirements of existing and planned international standard systems for the aeronautical radionavigation service which cannot be met in the 50005091MHz band shall take precedence over other uses of that band; after January 1, 2008 no new assignments shall be made for stations providing feeder links for nongeostationary MSS; and after January 1, 2010 the fixedsatellite service allocation will become secondary to the aeronautical radionavigation service.  Constellation will have to coordinate"0*((z" with other systems with respect to use of this frequency band, including any that have priority  X4by virtue of previous publication of coordination requests with the ITU.y X 4ԍ Requirements for frequency coordination by applicants for Earth stations that would transmit in bands shared with terrestrial services are specified in 47 C.F.R.  25.130 and 25.203.  X422. Earthtospace service links. Under the Commission's bandsharing plan for the Big LEO service, the 16101621.35 MHz band is currently available for assignment to Constellation for transmission from mobile terminals to the ARIES satellites. The  Xx4Commission noted in the Big LEO Report and Order that RTCA, Inc., an advisory committee to the FAA, was charged with developing recommendations for protecting GLONASS operations below 1610 MHz, when used as part of the Global Navigation Satellite System ("GNSS") for precision approach and landing, from outofband interference from  X 4transmissions of MSS mobile transceivers in the 16101626.5 MHz band.F y XV4ԍ 9 FCC Rcd 5936 at 137. F Although no consensus in this regard has emerged from the RTCA's deliberations, representatives of the aeronautical industry have advocated adoption of outofband emissions limits that could hinder one or more of the Big LEO systems from using the lower portion of the 16101626.5 MHz band. Our action here is without prejudice to any subsequent measures deemed necessary in light of further developments concerning outofband protection for GLONASS receivers used for precision approach and landing. In light of the fact that our waiver of the financial qualification requirement is predicated on the availability of adequate spectrum for five systems in the 1.6/2.4 GHz bands and for expansion or new entry in another band, if regulatory decisions concerning protection of GLONASS receivers diminish the amount of spectrum available to the CDMA Big LEOs, we will consider whether Constellation and MCHI should bear the principal burden of any operating constraints. In any event, we anticipate that Constellation would exhibit flexibility regarding any intersystem coordination concerns that may arise from regulatory decisions concerning protection of GLONASS receivers. If the ARIES mobile terminals cannot transmit in a lower segment of the 16101621.35 MHz band compatibly with outofband emissions limits adopted hereafter by the Commission, Constellation should not expect that adjustments will be required of CDMA systems capable of compatible operation in a wider portion of the band in order to equalize system capacity.  XP423. The Commission devised a contingent interim bandsharing plan in the Big LEO"P : 0*(("  X4Report and Order that was to take effect if use of the 16101612 MHz segment for Big LEO service in the United States were to be precluded in order to protect the GLONASS system prior to its anticipated shift to frequencies below 1606 MHz, which was expected to occur  X4between 1998 and 2005.Ky X44ԍ 9 FCC Rcd 5936 at  4953.K Accordingly, we indicated in the initial series of Big LEO license orders that in the event that 16101612 MHz became unavailable during the interim period prior to the shift, Big LEO authorizations for the 1.6 GHz band would be subject to the interim plan or any revision thereof adopted in response to pending petitions for  X_4reconsideration.g_yy X 4ԍ DA 75371, DA 75372, and DA 75373, released Feb. 28, 1995. g In its subsequent decision on reconsideration of the Big LEO Report and  XH4Order, the Commission declined to address objections to the interim sharing plan, having concluded, in light of uncertainty as to domestic and international acceptance of GLONASS  X 4as part of the GNSS, that an interim plan was unnecessary. *y X4ԍ Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to  X4a Mobile Satellite Service in the 16101626.5/2483.52500 MHz Frequency Band, 11 FCC Rcd 12861 at 14 (1996). "u That conclusion has been contested in further petitions for reconsideration, however. If it becomes apparent that interim domestic protection of GLONASS will be necessary after all, it would be appropriate to review the concerns that have been raised about the previouslyannounced interim plan. Therefore, pending disposition of the petitions for reconsideration, we are imposing the same condition on Constellation.  XK42 ORDERING CLAUSES ă 23. Accordingly, pursuant to authority delegated by Sections 0.241 and 0.261 of the FCC's rules, IT IS ORDERED that Constellation's request for waiver of Paragraph (b)(3) of Section 25.143 of the rules IS GRANTED. 24. IT IS FURTHER ORDERED that Application File Nos. 17DSSP91(48), CSS91013, 9SATLA95, 10SATAMEND95, and 159SATAMEND96 IS GRANTED, and Constellation IS AUTHORIZED to construct a mobile satellite system capable of operating in the 16101626.5/2483.52500 MHz frequency bands, with feeder links in the 68757025 MHz frequency band (spacetoEarth) and the 50915250 MHz band (Earthtospace), in accordance with the technical specifications set forth in its application and consistently with our rules unless specifically waived herein. 25. IT IS FURTHER ORDERED that Constellation IS AUTHORIZED to launch and operate 48 nongeostationary satellites during the license term for the purpose of providing a mobile satellite service in the United States in the 16101621.35/2483.52500 MHz frequency" 0*((" bands, using the 68257025 MHz band for spacetoEarth feederlink transmission, subject to the conditions stated herein, in accordance with the technical specifications set forth in its application, and consistently with our rules unless specifically waived herein. In the event that the 16101612 MHz band is not available for mobile satellite service operations in the United States, Constellation IS AUTHORIZED to operate in the 16121622.60/2483.52500  X4MHz bands subject to the interim sharing plan outlined in Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610 X_41626.5/2483.52500 MHz Frequency Bands, 9 FCC Rcd 5936  4953 (1994), and revisions, if any, adopted in response to pending petitions to reconsider that plan. 26. IT IS FURTHER ORDERED that Constellation IS AUTHORIZED to construct and launch technicallyidentical replacement satellites during the license term. 27. IT IS FURTHER ORDERED that Constellation IS AUTHORIZED to offer space segment capacity on its satellite system on a noncommoncarrier basis. 28. IT IS FURTHER ORDERED that the license term for the space stations is ten years, commencing on the date the licensee certifies to the Commission that the first system satellite has been successfully placed into orbit and that the first transmission to or from the satellite in an authorized frequency band has occurred. 29. IT IS FURTHER ORDERED that, unless extended for good cause shown, this authorization will become null and void in the event that the licensee fails to meet the following progress schedule:  X4` `  ConstructionqConstruction  *Fully  X4` `  CommencedqCompleted  *Operational   X|4First two system satellitesJuly 1998qJuly 2001  Xe4Remaining system satellitesJuly 2000qDDpp  *July 2003 30. IT IS FURTHER ORDERED that this authorization is subject to completion of consultations under Article XIV of the INTELSAT Agreement and Article 8 of the INMARSAT Convention. Upon completion of the consultations and notification by the Department of State that the United States has fulfilled its international obligations with respect to INTELSAT and INMARSAT, no further action by this agency will be required.  31. IT IS FURTHER ORDERED that Constellation shall prepare any necessary submissions to the International Telecommunications Union (ITU) and to affected administrations for coordination of the ARIES space stations pursuant to the ITU's Radio Regulations. 32. IT IS FURTHER ORDERED that the assignment of orbital planes or particular frequencies to Constellation is subject to change by summary order of the Commission on 30"#' 0*((%" days notice and does not confer any permanent right to use the orbit and spectrum. Neither this authorization nor the rights granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act, and the rights granted herein are subject to the rights of use or control conferred by 47 U.S.C. 706. 33. IT IS FURTHER ORDERED that Constellation's Request for Expedited Action, filed on May 27, 1997, IS GRANTED to the extent indicated herein and IS OTHERWISE DENIED.  ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqPeter F. Cowhey ` `  hhCqChief, International Bureau ` `  hhCqRichard M. Smith ` `  hhCqChief, Office of Engineering and Technology