Before the Federal Communications Commission Washington, D.C. 20554 In re ) ) AirTouch Satellite Services US, Inc. ) File No. 1367-DSE-P/L-97 ) Application for Blanket Authorization to Construct ) and Operate up to 500,000 Mobile Satellite Earth ) Terminals Through the GLOBALSTAR Mobile ) Satellite System ORDER AND AUTHORIZATION Adopted: September 30, 1999 Released: October 4, 1999 By the Chief, International Bureau: I. Introduction 1. By this order, we grant the application of AirTouch Satellite Services U.S., Inc. ("AirTouch") for a license to construct and operate mobile earth terminals for use in conjunction with the GLOBALSTAR satellite system. II. Background 2. The International Bureau issued a license in 1995 for launch and operation of the GLOBALSTAR "Big LEO" satellites. In 1996 the Bureau assigned additional spectrum to the GLOBALSTAR space-segment licensee for transmission to gateway earth stations and set deadlines for commencement of construction and operation. In 1998 the Bureau issued a license to AirTouch for operation of a gateway earth station in Clifton, Texas, for use in conjunction with the GLOBALSTAR system. 3. Under the Commission's blanket-licensing policy for Big LEO mobile earth terminals, set forth in Sections 25.115 and 25.136 of its rules, authorizations are issued to Big LEO service providers, rather than to end users. End users operate the mobile terminals under derivative authority from the blanket licensees and may not transmit via Big LEO satellites without prior permission from the satellite licensee or authorized service vendor. AirTouch is the GLOBALSTAR systems' authorized U.S. service provider. 4. AirTouch requests authority to construct and operate up to 500,000 user terminals in the United States. The user terminals will transmit in the 1610-1621.35 MHz band and receive in the 2483.5-2500 MHz band, using code-division/multiple-access ("CDMA") technology. Terminals will place and receive calls through the public switched telephone network and other terrestrial networks via interconnection at GLOBALSTAR gateways. Some terminals will be "multi-mode," i.e., capable of providing access to both terrestrial cellular services and the GLOBALSTAR system. In addition to basic telephony, AirTouch intends to offer call waiting and forwarding, conferencing, advanced billing support, electronic mail, FAX, paging, and other services. 5. Three parties filed pleadings in response to the application, raising concerns about potential interference. The U.S. GPS Industry Council ("USGPS") filed a petition to deny, arguing that the proposed mobile terminals would cause harmful interference to reception of satellite radionavigation signals. Mobile Communications Holdings, Inc. ("MCHI") filed comments, recommending that we dismiss the application without prejudice or withhold disposition until the Commission completes a pending rulemaking concerning limits on out-of- band emissions from MSS terminals. ARINC recommended that any grant of AirTouch's application be made contingent on the outcome of that rulemaking. In addition to AirTouch, AMSC Subsidiary Corporation ("AMSC") and Globalstar, L.P., responded to these filings. In a filing after the close of the normal pleading cycle, USGPS requested that certain conditions be adopted in connection with any grant of AirTouch's application. III. Discussion A. Protection of Satellite Radionavigation 6. Overview: AirTouch requests authority to transmit in the 1610-1621.35 MHz band. In the adjacent 1559-1610 MHz frequency band, there are two satellite radionavigation systems currently operating: the GPS system, maintained by the U.S. Department of Defense, and the GLONASS system, maintained by the Russian Federation. The Federal Aviation Administration is planning a future aeronautical radionavigation system that would use the GPS or both systems in the United States, and the International Civil Aviation Organization is developing standards for similar use of these two systems on a global basis. 7. In 1994, the Commission adopted out-of-band emission limits for protection of GPS as part of its rules for the Big LEO service, and indicated that additional requirements might be imposed on completion of further studies regarding protection required for aeronautical radionavigation. Following further studies, the National Telecommunications and Information Administration ("NTIA") recommended in 1997 that the Commission adopt modified requirements. Soon after the NTIA presented its recommendations, the International Telecommunication Union's Radiocommunication Sector ("ITU-R") and the European Conference of Postal and Telecommunications Administrations ("CEPT") developed similar requirements. Specifically, the ITU-R recommended that MSS terminals licensed for TDMA transmission to non-geostationary satellites in frequency bands between 1 and 3 GHz suppress the e.i.r.p. density of emissions in the 1559-1605 MHz band to -70 dBW/MHz and that such terminals transmitting with CDMA modulation suppress emissions to the same extent in the 1559-1580.42 MHz band. Pending further study, the ITU-R refrained from issuing a specific recommendation for suppression of CDMA emissions in the 1580.42-1610 MHz band. However, the ITU did recognize that a satellite earth terminal that meets a value of 70 dBW/MHz, prior to the completion of further study, will be considered to have met the final values in the band 1580.42-1605 MHz. CEPT subsequently adopted a -70 dBW/MHz limit on e.i.r.p. density of emissions in the 1559-1605 MHz band for all MSS terminals transmitting on assigned frequencies in the 1610-1626.5 MHz band. 8. Consistent with this emerging global standard, in December 1998 the Commission adopted provisional out-of-band emissions limits in connection with the voluntary interim certification of MSS terminals operating in the 1610-1626.5 MHz band, pending final action on the NTIA's proposal on out-of-band emission limits. The interim certification enables manufacturers to register terminal equipment promptly with the ITU and thereby secure the "GMPCS-MoU ITU Registry" mark, in order to facilitate roaming and transportation of subscriber terminals across national borders. To minimize the possibility that such terminals might have to be recalled, the Commission adopted as its provisional out-of-band emissions limit the most rigorous limits then under consideration for permanent application: suppression of wideband emissions to -70 dBW/MHz and narrowband emissions to -80 dBW/700 Hz throughout the 1559-1605 MHz band. 9. In March of this year, the Commission issued its GMPCS NPRM, in which it proposed emissions limits in accordance with the NTIA's recommendations. The Commission is currently considering public comments filed in response to that rulemaking proposal. 10. Impact on Ground-Based GPS Receivers. AirTouch indicates it will meet NTIA's recommended emissions standard. In particular, AirTouch represents that the e.i.r.p. density (averaged over 20 ms) of emissions from GLOBALSTAR terminals commissioned before January 1, 2002 will not exceed -70 dBW/MHz in the 1559-1580.42 MHz band and -64 dBW/MHz in the 1580.42-1605 MHz band and that the e.i.r.p. of any discrete spurious emissions of less than 700 Hz bandwidth will not exceed -80 dBW in the 1559-1585.42 MHz band and -74 dBW in the 1585.42-1605 MHz band. These specifications are identical to the out-of-band emissions limits that the Commission recently proposed to adopt in the GMPCS NPRM for terminals placed in service before 2002. AirTouch also indicates that it will comply with the post-2002 requirements proposed by NTIA. AirTouch's emission specifications meet the requirements of Section 25.213(b), the Commission's current limit on out-of-band emissions from Big LEO mobile terminals into GPS frequencies. Section 25.213(b) requires suppression of wideband and narrowband (i.e., bandwidth less than 600 Hz) emissions from Big LEO mobile earth stations to -70 dBW/MHz and -80 dBW, respectively, in frequencies between 1574.397 MHz and 1576.443 MHz. 11. The U.S. GPS Industry Council ("USGPS") argues that AirTouch's out-of-band emissions specifications are not sufficient to prevent harmful interference to ground-based GPS receivers. According to USGPS, ground-based GPS receivers are used in an ever-increasing number of civilian applications, many of which involve safety. For instance, USGPS asserts, GPS receivers are used for maritime navigation, search and rescue, buoy positioning, supertanker docking, mining, train control and collision avoidance, and ambulance, police-car, and fire- engine dispatch. USGPS contends that the Commission should take "strenuous measures" to ensure that GPS service to ground-based receivers will not be disrupted before approving introduction of new services in adjacent bands. USGPS raises three main arguments to support its petition to deny. 12. First, USGPS asserts that the NTIA proposed limits AirTouch plans to meet were developed to protect aeronautical radionavigation, and are inadequate for ground-based GPS receivers. Second, USGPS asserts that since 1994, when the Big LEO out-of-band emission standard was adopted, some GPS receivers have begun using the technique of semi-codeless carrier phase tracking, which is more sensitive to interference. Third, USGPS maintains that the pre-2002 specifications for AirTouch's terminals are inadequate because they are inconsistent with international standards. USGPS maintains that we should, therefore, deny AirTouch's request unless it proves with actual test data that its terminals will not interfere with ground-based GPS reception. We address these arguments seriatim. 13. We reject USGPS's argument that the standards we are applying to AirTouch's request are inadequate because they are based on protection criteria developed for aeronautical radionavigation. USGPS is correct that the out-of-band emission limits NTIA has proposed, and that AirTouch indicates it will meet, were developed specifically to protect aeronautical radionavigation. Those limits were developed assuming a worst case scenario in which a transmitting earth terminal was located 100 feet directly below an airplane as it landed. The 100-foot separation and the interposition of the plane's fuselage both provide for greater signal attenuation than one would expect from co-located MSS terminals and GPS terminals. On the other hand, because of the speeds typically involved, and the consequent need to update position information at extremely short time intervals, the requirements for reliable aeronautical radionavigation are generally time critical and thus more rigorous than for other uses. USGPS has not established that non-aeronautical services involving safety of life require the same type of time-critical position location information as needed for precision approach and landing by aircraft. Thus, it has not justified the need for the same standard as for aeronautical radionavigation, much less a more stringent standard. Nor has USGPS presented any evidence that any land-mobile GPS application would be critically affected, with consequent loss of safety, by MSS terminals. This is particularly true since such applications would be susceptible, unlike an aeronautical radionavigation receiver, to masking by terrain, tall buildings, overpasses, and tunnels, and would need to be designed to operate effectively with temporary signal interruptions, from whatever source. Thus, USGPS has not presented specific allegations of fact comprising a prima facie showing that operation of AirTouch mobile terminals is contrary to the public interest. 14. This is not the first time the Commission has considered this question. The FCC out-of band emissions rule was adopted after exhaustive opportunities for public participation and comment, and with an explicit goal of protection of non-aeronautical GPS receivers. Specifically, the Commission adopted Section 25.213(b) in 1994 based on the unanimous recommendation from a Negotiated Rulemaking Committee. The Committee, comprised of regulatory officials and industry representatives, included a representative from the Rockwell International Corporation, a USGPS member. The Committee acknowledged that the separation between Big LEO terminals and GPS receivers carried in motor vehicles could be as little as the width of a highway lane. The Committee observed, however, that because of relative vehicle motion, GPS receivers aboard motor vehicles would only briefly be within interference range of a Big LEO terminal and that such interference could therefore be minimized through solution-averaging in the GPS receiver. The Committee concluded that a limit of 70dBW/MHz over any 20 ms period, and a narrowband (i.e., less than 600 Hz) limit of 80dBW, applied in the 1574.397-1576.443 MHz GPS C/A band, would suffice for protection of ground-based GPS receivers. The Commission adopted the recommendation for protection of GPS in the Big LEO Report and Order, concluding that the limits were "appropriate to protect GPS operations near 1575 MHz." 15. We also do not agree with USGPS's second argument concerning the need to apply more stringent requirements in order to protect the "semi-codeless" GPS receivers introduced since 1994. Assuming that these receivers are in fact susceptible in any critical respect to interference from MSS terminals, they appear to have been introduced to the market without any reasonable expectation, based on FCC rules, that they would be protected from interference. MSS providers have been on notice since the Big LEO Report and Order that further emissions restrictions might be imposed for protection of aeronautical radionavigation and have accepted the risk of regulatory uncertainty in that respect. They have had no reason to anticipate, however, that additional restrictions would be imposed for protection of ground-based GPS. 16. We also reject USGPS's third argument, that AirTouch's specifications for pre-2002 terminals are inconsistent with relevant international recommendations. First, ITU-R Recommendation M.1343 requires that GMPCS terminals using CDMA suppress emissions to -70 dBW/MHz up to 1580.42 MHz. AirTouch's terminals meet this requirement. Second, our GMPCS Interim Procedures provide a strong incentive for AirTouch to field mobile terminals that suppress out-of-band emissions to at least 70 dBW/MHz in the 1559-1605 MHz band, consistent with international standards. 17. Conforming First-Generation Terminals to Final Requirements. Several parties raise concerns because AirTouch is seeking an authorization that would take advantage of the NTIA's proposed time-phased approach to implementation of out-of-band emissions limits. In its application, AirTouch declares that terminals commissioned prior to 2002 that do not meet the NTIA's recommended post-2002 emissions standard "can be brought into conformance through hardware modification, or through software implementation methods such as ... frequency assignment ... or power control, implemented by the corresponding gateway earth station." USGPS and MCHI object that the assertion that pre-2002 terminals can be conformed to the post-2002 standard is not a commitment. MCHI maintains that AirTouch's declaration is dubious and unsupported, and argues that in the interest of protecting consumers from purchasing GLOBALSTAR terminals that will become obsolete, we should delay licensing GLOBALSTAR mobile terminals until the GMPCS rulemaking is completed. In the alternative, MCHI recommends that we condition AirTouch's authorization to require AirTouch and/or GLOBALSTAR to absorb the cost of bringing terminals into compliance. 18. The application unequivocally states that "GLOBALSTAR terminals commissioned after January 1, 2002, or in operation after January 1, 2005, will not exceed -70 dBW/MHz for EIRP ... and - 80 dBW in the band 1559-1605 MHz for the EIRP of any discrete spurious emission (i.e., bandwidth less than 700 Hz)." This would fully comply with the requirements that the Commission has proposed in the GMPCS NPRM. In the event that the Commission adopts stricter requirements, AirTouch will, of course, be obliged to comply with them, including requirements covering operation of previously- manufactured terminals. If it cannot conform the operation of previously-manufactured terminals to rule requirements, AirTouch will have to recall, disable or otherwise modify them or their operations, as appropriate. Furthermore, and regardless of what rules are ultimately adopted in the GMPCS proceeding, we are adopting specific conditions concerning out-of-band emissions for terminals. Those conditions will explicitly incorporate the specifications for out-of-band emissions stated in AirTouch's application, and require that terminals not meeting the post-January 1, 2002, limits be deactivated, physically modified, or otherwise modified (through hardware/software implementation such as limitation of operations to frequencies at the upper end of the operating band, or power control). For the third method, after receiving concurrence from NTIA and FAA, the FCC will approve continuation of service past January 1, 2005, using the specific hardware/software implementation. We therefore will make it a condition of the authorization that, to the extent AirTouch intends to use this method, it submit, following consultations with the FAA and NTIA, a showing detailing the hardware/software methods it will use. This showing should be submitted well prior to January 1, 2002. 19. MCHI also argues that AirTouch's pre-2002 terminals would not meet the provisional out- of-band emission limits adopted in GMPCS Interim Procedures, which uses NTIA's proposed post-2002 limits, i.e., -70 dBW/MHz and -80 dBW/700Hz on emissions anywhere between 1559 MHz and 1605 MHz. Thus, MCHI asserts, "the Commission itself has ... advanced a standard for [out-of-band] emissions that AirTouch has not demonstrated an ability to meet." We reject MCHI's contention. The Commission did not predicate its adoption of the provisional out-of-band emissions limits on a finding that immediate suppression to -70 dBW/MHz and -80 dBW/700 Hz throughout the satellite radionavigation band below 1605 MHz is necessary to avert harmful interference. Rather, it adopted those limits because they were the most rigorous that had been proposed for permanent application, in order to minimize the likelihood that terminals voluntarily certified and designed specifically to be capable of roaming outside the United States would have to be recalled. Thus, while AirTouch's pre- 2002 terminals will not qualify for certification if their emissions performance does not meet post-2002 requirements, this does not warrant denial of AirTouch's application, since interim certification is not compulsory. 20. USGPS's Request for Conditions. In a letter filed on August 4, 1999, USGPS states conditions it would prefer to see on any grant of AirTouch's authorization. First, USGPS asks that we prohibit the operation of any terminals at any time that do not meet a broadband out-of-band emission limit of 70 dBW/MHz. USGPS argues that it has conclusively demonstrated in its comments on the GMPCS NPRM that any lesser limit would result in destructive interference to GPS receivers. For reasons set forth above, we conclude that USGPS has not demonstrated that authorization of terminals meeting NTIA's proposed time-phased limits would disserve the public interest. Second, USGPS asks that we require AirTouch to work with USGPS to identify operational guidelines for MSS terminals co-located with GPS receivers, require a status report to the Commission in six months, and require AirTouch to make a production model of the its MSS terminal available to USGPS for purposes of evaluating any such operational guidelines. We are not adopting any specific conditions. We see no need to limit industry discussions to the development of operational guidelines for MSS terminals, nor to specify a specific time frame for completion of discussions. However, we remind all parties of the need to work cooperatively to maximize the benefits the public derives from both MSS terminals and GPS receivers. Finally, USGPS asks that the Commission expressly state that the 70 dBW/MHz out-of-band emission level up to 1605 MHz is not a "protection criterion" for GPS receivers, but is instead an emission level designed solely for MSS transmitters in the 1 to 3 GHz bands. USGPS is correct. As our discussion above makes clear, the level to which USGPS refers is not a "protection criterion" for all GPS receivers and all classes of emitters. Instead, it represents an out-of-band emission limitation on operations of mobile satellite earth stations transmitting in the 1610-1660.5 MHz band, so as to protect operation of GPS and GLONASS receivers used for aeronautical radionavigation. B. Protection of Radio Astronomy 21. AirTouch declares in Exhibit C of the application that "Globalstar intends to abide by the radioastronomy coordination guidelines set forth in ... Section 25.213(a)" of the Commission's rules. Section 25.213(a) sets forth requirements for protection by Big LEO terminals of radio astronomy sites, both for operations in the 1610.6-1613.8 MHz band, and for out-of-band emissions caused by operations in adjacent bands. MCHI contends that the application is deficient, however, because it does not explain how AirTouch would comply with the out-of- band emission requirements. Although AirTouch's application does not address the precise method by which it will comply with the out-of-band emission limits, AirTouch's uncontradicted statements, under penalty of perjury, establish that the system will have sufficient technical ability to determine the position of mobile terminals so as to comply with our rules. Furthermore, MCHI has provided no factual basis for calling into question AirTouch's ability to discharge its obligations as a licensee to insure conformance of the actual operations of GLOBALSTAR terminals with this rule. We remind AirTouch, however, of its obligation to work cooperatively with radio astronomy services to avoid unacceptable interference. C. Authority for Fixed Terminals 22. The application requests authority for operation of some of the earth terminals as fixed stations. The frequency bands in which AirTouch's terminals will operate are allocated to mobile satellite services, not fixed satellite services. However, we will grant the request on an ancillary basis, consistent with a general policy of flexibility reflected in precedent, with the usual stipulation that the nonconforming service may only be provided on a no-harmful- interference basis vis-…-vis any licensed service provided in conformance with the Table of Allocations. IV. Conclusion 23. We find that AirTouch is qualified to receive the requested authorization for construction and operation of mobile earth-station terminals and that grant of its application will serve the public interest by enabling AirTouch to provide a new mobile-satellite communication service, thereby enhancing competition among service providers and adding to the range of available service options for end users. V. Ordering Clauses 24. Accordingly, pursuant to authority delegated in 47 C.F.R. 0.261, IT IS ORDERED that Application No. 1367-DSE-P/L-97 IS GRANTED, and AirTouch Communications, Inc. IS AUTHORIZED to construct as many as 500,000 mobile earth-station transceivers capable of transmitting in the 1610-1626.5 MHz band but with an assigned frequency band of 1610-1621.35 MHz for transmission to GLOBALSTAR satellites from points in the United States, in accordance with the specifications set forth in its application, as amended, and consistently with the FCC's rules. 25. IT IS FURTHER ORDERED that this license shall be coterminous with the license for GLOBALSTAR satellites. 26. IT IS FURTHER ORDERED that this authorization will be subject to any applicable out-of-band emission restrictions adopted in IB Docket No. 99-67 for protection of aeronautical radionavigation. 27. IT IS FURTHER ORDERED that mobile earth-station transceivers activated and brought into service after January 1, 2002, and all mobile earth-station transceivers operating after January 1, 2005, will limit out-of-band emissions in the frequency band 1559-1605 MHz, to no more than -70 dBW/MHz EIRP density level (averaged over any 20 ms period) and 80 dBW for the EIRP of any discrete spurious emission (i.e. bandwidth less than 700 Hz). Mobile earth- station transceivers activated and brought into service prior to January 1, 2002, not meeting the requirements for mobile earth-station transceivers activated and brought into service after January 1, 2002, shall be, prior to January 1, 2005: i.) permanently deactivated, or ii.) physically modified such that they suppress emissions to the specified levels, or iii.) otherwise modified in their operations (through hardware/software implementation such as limitation of operations to frequencies at the upper end of the operating band). 28. IT IS FURTHER ORDERED that, in the event AirTouch seeks to comply with the requirements in Paragraph 27 using the methods specified in subparagraph iii.), AirTouch, following consultations with the FAA and NTIA, SHALL SUBMIT, prior to January 1, 2002, a showing detailing the hardware/software methods it will use. 29. This license shall not vest in the licensee any right to operate earth stations or use the assigned frequencies beyond the term thereof or in any manner other than authorized herein, and neither the license nor the rights granted thereunder shall be assigned or transferred in violation of the Communications Act. The rights granted herein are subject to the rights of use or control conferred by 47 U.S.C. 706. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau