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I.   a7TechnicalTechnical Document Style(@D i) . 2 3oea8TechnicalTechnical 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:$!y X4ԍ 47 C.F.R. 2.102.> so as to permit MCHI to make use of spectrum that has been allocated internationally 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.  X433. MCHI's 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  Xk4transmission for its "Globalstar" system,c%ky X#4ԍ See L/Q Licensee, cited in n.35, supra.c and Constellation, which is receiving a Big LEO license today, similarly specifies 68757025 MHz for spacetoearth feeder links. It is unclear whether more than two MSS systems could use the same 6/7 GHz frequencies for codirectional feederlink transmission without causing unacceptable mutual interference.  X4Computer simulation studies conducted in preparation for WRC95 indicated that two NGSO"` %0*((" 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  X4sharing or codirectional sharing between three or more systems.&y XK4ԍ CPM Report on technical, operational, and regulatory/procedural matters to be  X44considered by the 1995 World Radiocommunication Conference, Sections 3.4.1 and 3.4.2. (April 1995). We therefore grant MCHI a conditional authorization for spacetoearth feederlink transmission in the 68757075 MHz band; before commencing operation MCHI must demonstrate that it can feasibly share that spectrum with all other persons or organizations with full or conditional authority to use any  Xv4part of it for feederlink transmission to gateway stations in the United States.'vKy Xr 4ԍ Alternatively, MCHI may apply for license modification, specifying the lower  X] 4segment 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 ELLIPSO operation.  X 434. Earthtospace feeder links. MCHI proposes to use the frequency band 15.4515.65 GHz for transmission from gateway stations to the ELLIPSO satellites. That band was internationally allocated for MSS Earthtospace feeder links at WRC95, but that allocation may be modified at WRC97. Pursuant to a resolution adopted at WRC95 calling for further studies regarding spectrumsharing by 15 GHz MSS feeder uplinks and the aeronautical navigation service, an ITUR study group has advocated that the allocation for Earthtospace  X4feeder links be shifted to 15.4315.63 GHz and be made subject to certain emission limits.V(y X,4ԍ Draft New Recommendation ITUR S.[Doc.4/46].V The study group's findings were presented to the CPM97 and are published in its final  Xd4report,)dy X4ԍ CPM Report on technical, operational, and regulatory/procedural matters to be  X4considered by the 1997 World Radiocommunication Conference, Section 4.3.3. and the proposal has also been recommended by the WRC97 Advisory Committee. As MCHI's specification of 15.4515.65 GHz is consistent with the current international allocation, we are granting authority for construction, launch, and operation of the ELLIPSO satellites configured for use of that band for reception of Earthtospace feederlink transmission, with a proviso that the authorization will be subject to any pertinent frequency shift adopted at WRC97. This authorization should not be construed as a license for Earthtospace transmission at 15 GHz; such authority must be requested in an Earthstation application filed pursuant to 47 C.F.R. 25.130. Authorization for operation at 15 GHz will be subject to any pertinent restrictions promulgated in a rulemaking to consider amending the U.S. Table of Allocations, which does not currently allocate a 15 GHz frequency band for MSS feeder links, to conform it to the international allocation table in this respect. Coordination with respect to affected governmental systems must be conducted as required by 47 C.F.R.  25.131 and 25.203 by applicants for Earth station authorizations in this band. "94 )0*((+"Ԍ X435. 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 MCHI for transmission from mobile terminals to ELLIPSO satellites. (In order to secure authorization for such transmission MCHI must file a blanket application pursuant to Subsection 25.115(d) of the FCC's rules.) The Commission devised a contingent band X4sharing plan in the Big LEO Report 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  Xa4protect the GLONASS system.K*ay X4ԍ 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 Big LEO authorizations for the 1.6 GHz band would be subject to the contingent plan or any revision  X 4thereof adopted in response to pending petitions for reconsideration.g+ yy XF 4ԍ DA 75371, DA 75372, and DA 75373, released Feb. 28, 1995. g In its subsequent  X 4decision on reconsideration of the Big LEO Report and Order, the Commission concluded, in light of uncertainty as to domestic and international acceptance of GLONASS as part of the  X 4GNSS, that the contingent sharing 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). That determination has been contested in further petitions for reconsideration, however, and 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 previously-announced interim plan. Therefore, pending disposition of the petitions for reconsideration, we are imposing the same condition on MCHI.  X42 ORDERING CLAUSES ă 36. Accordingly, pursuant to authority delegated by Sections 0.241 and 0.261 of the FCC's rules, IT IS ORDERED that MCHI's request for waiver of Paragraph (b)(3) of Section 25.143 of the rules IS GRANTED. 37. IT IS FURTHER ORDERED that Application File Nos. 9DSSP91(87), CSS91010, 43DSSAMEND92, 15SATLA95, and 16SATAMEND95 IS GRANTED, and MCHI 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 68757075 MHz frequency band (spacetoEarth) and the 15.4515.65 MHz band (Earthtospace), in accordance with the technical specifications set forth in its application and the conditions set forth in the preceding paragraphs and consistently with our rules unless specifically waived herein. In the event, however, that 15.4315.63 MHz is internationally allocated for MSS",0*((" feederlinks at WRC97, in lieu of 15.4515.65 MHz, MCHI IS AUTHORIZED to construct the satellites for reception of Earthtospace transmission at 15.4315.63 MHz. 38. IT IS FURTHER ORDERED that MCHI IS AUTHORIZED to launch and operate 16 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 bands, using the 68757075 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, MCHI IS AUTHORIZED to operate in the 16121622.60/2483.52500 MHz  X 4bands 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 petitions to reconsider that plan. 39. IT IS FURTHER ORDERED that MCHI IS AUTHORIZED to construct and launch technicallyidentical replacement satellites during the license term. 40. IT IS FURTHER ORDERED that MCHI IS AUTHORIZED to offer space segment capacity on its satellite system on a noncommoncarrier basis. 41. 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 satellite in the system has been successfully placed into orbit and that the first transmission to or from the satellite in an authorized frequency band has occurred. 42. 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:  X74` `  ConstructionqConstruction  *Fully  X 4` `  CommencedqCompleted  *Operational   X4First two system satellitesJuly 1998qJuly 2001  X4Remaining system satellitesJuly 2000qDDpp  *July 2003 43. 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.  44. IT IS FURTHER ORDERED that MCHI shall prepare any necessary submissions"#',0*((%" to the International Telecommunication Union (ITU) and to affected administrations for coordination of the ELLIPSO space stations pursuant to the ITU's Radio Regulations. 45. IT IS FURTHER ORDERED that the assignment of orbital planes or particular frequencies to MCHI 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. 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. 46. IT IS FURTHER ORDERED that the motions to strike filed on March 4, 1997 by TRW Inc. and Motorola Satellite Communications, Inc. ARE DENIED, that MCHI's Request for Expedited Action filed on May 5, 1997 IS GRANTED to the extent indicated here and IS OTHERWISE DENIED, and that Motorola's Request for Supplemental Briefing, filed on May 9, 1997, IS DENIED.  ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqPeter F. Cowhey ` `  hhCqChief, International Bureau ` `  hhCqRichard M. Smith ` `  hhCqChief, Office of Engineering and Technology