WPC 2?BJZECourier3|j #X\  P6G;QsP#HP LaserJet 4 Room 500dditional)HPLAS5.PRS 4x  @\%X@ yO'#X\  P6G;ɨP#2,qKXCourierTimes New Roman"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNu \&3^ &%^ &OF%N 9V~-}9F2X^EnK Z3|j  X4#Xj\  P6G;XP#"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""Washington, D.C. 20554  Th*(#҇ \ In the Matter of  X_' Teledesic LLC for Minor Modification of License to Construct, Launch and Operate a NonGeostationary Fixed Satellite Service System" 0*o(o(qq\ " ) ) ) ) ) ) ) ) " 0*o(o(qq9 " File No. 195SATML97 R 0*o(o(qq . t o(o(qqRԯ X 'h X4w  Federal Communications Commission`(#ZDA 99267   yxdddy    X' ORDER AND AUTHORIZATION  \  XK4Adopted: January 29, 1999 hhCq Released: January 29, 1999 By the Chief, International Bureau:  X4Y Introduction ă     X41.` ` With this Order, we grant Teledesic LLC's application for modification of its space station authorization. Teledesic holds a license to construct, launch, and operate a satellite system that will provide broadband fixed satellite service ( FSS) from satellites in nongeostationary satellite orbit ( NGSO). By granting the proposed modification, Teledesic will be able to design a satellite system that best meets its business and customer requirements, while preserving the opportunity for existing and future systems to provide competitive choices to consumers.  X 4[ Background ăpp  *xxX  X42.` ` In March 1997, as part of the first Kaband1Xh yOT"'ԍXThe term "Kaband" generally refers to the spacetoearth (downlink) frequencies at 17.720.2 GHz and the corresponding earthtospace (uplink) frequencies at 27.530.0 GHz. Teledesic was authorized to operate in a portion of these frequencies. (#1 processing round, Teledesic was authorized to construct, launch, and operate a NGSO system to provide domestic and" 0*o(o(qqU"  X4  international fixedsatellite service in a portion of the Kaband.B\ {Oy'ԍXTeledesic Corporation, Order and Authorization, 12 FCC Rcd. 3154 (Int'l Bur. 1997), ("Teledesic  {OC'Authorization.") Teledesic filed its initial application in March 1994 and subsequently filed two amendments prior to 1997. (#B Specifically, Teledesic was  X4authorized to operate its customer service links in the 28.629.1 GHz (uplink) and 18.819.3 GHz (downlink) bands on a primary basis and its "gigalink," or gateway terminal links, on a secondary noninterference basis in the 27.628.4 GHz (uplink) and 17.818.6 GHz (downlink) bands. The authorized system consists of a constellation of 840 satellites, with forty satellites in twentyone orbital planes operating at an altitude between 695 and 700 kilometers and an  Xv4inclination of 98.2o.v yO 'ԍXInclination is the angle between the NGSO orbital plane and the equatorial plane. By convention, inclination is a number between 0 and 180 degrees, east to west.(# Teledesic was the only applicant proposing an NGSO FSS system in the first processing round. In adopting service rules to govern the new Kaband satellite service, the Commission, however, stated it expected that other NGSO FSS systems would operate in  X14the Kaband and that Teledesic would bear some responsibility for intersystem sharing.&1D {O&'ԍXRulemaking 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 GHz Frequency Band, to Establish Rules and Policies  {O'for Local Multipoint Distribution Service and for Fixed Satellite Services, Third Report and Order, 12  {O'FCC Rcd. 22,310 at  38 (1997), ("KaBand Service Rules Report and Order.") (# Six applicants filed applications proposing NGSO FSS satellites to be considered in the second  X 4Kaband processing round. 2  yO'ԍXThe following NGSO FSS and hybrid geostationarysatellite orbit ("GSO") NGSO FSS system applications were filed in the 18.819.3 GHz and 28.629.1 GHz bands for consideration in the second Kaband processing round: @Contact LLC; Hughes Communications, Inc.; Lockheed Martin Corporation; Motorola Inc.; SkyBridge II LLC and TRW Inc. Motorola, however, subsequently amended its application to remove the frequencies that overlapped with Teledesic.(#  X 43.` ` In July 1997, Teledesic selected the Boeing Company as its prime satellite contractor, and incorporated Boeing's plans into its system design. On September 26, 1997,  X 4Teledesic filed its modification application to reflect these changes.o  {O:'ԍSee Public Notice, Report No. SPB107, October 17, 1997.o Teledesic asserts that the proposed modifications represent technological advances since the system was initially  Xy4designed.Yyt yO!'ԍTeledesic Modification Application at 3.Y Teledesic proposes to modify its system by: 1) decreasing the number of satellites from 840 to 288; 2) increasing the altitude to the 13751394 kilometer range; 3) decreasing the number of orbital planes to twelve and the number of satellites in each orbital plane to  X44twentyfour; 3) decreasing the inclination of the orbital planes to 84$; 4) adding emission designators; and 5) adding optical intersatellite links in addition to its radio frequency inter"0*&&qq "ԫ X4satellite links. In addition, Teledesic also proposes to change its downlink modulation yOy'ԍXThe modulation technique determines a signal's spectral characteristics (i.e., power spectral density, bandwidth, etc.). (#Ʋ and to revise its uplink and downlink power budgets.  X44.` ` Boeing filed comments in support of the application; Lockheed Martin Corporation and Motorola, Inc., both firstround GSO licensees in the Kaband and two of the applicants for second round NGSO FSS Kaband systems, filed comments and a petition to deny, respectively. Following the initial pleading cycle, the Bureau sought additional technical information from Teledesic, which Teledesic provided on March 23, 1998. On April 24, 1998, the Commission released a public notice announcing that this information had  X14been filed and requested responses to this filing. 1  yO 'ԍ#XP\  P QXP##X\  P6G;QsP#P#X\  P6G;QsP#ublic Notice, Report No. SPB124, April 24, 1998#X\  P6G;QsP#. Cyberstar Licensee, LLC, a firstround GSO licensee, Lockheed, and Motorola filed comments. Teledesic filed Consolidated Reply  X 4Comments. Lockheed filed supplemental comments.   yOd'ԍXLockheed filed a Petition for Leave to File Supplemental Comments. Teledesic opposed this request.  yO,'We will treat Lockheed's filing as an informal comment.pp(# Motorola later withdrew its Petition to  X 4Deny and other related pleadings.   {O'ԍXSee Letter from Philip L. Malet and James M. Talens, Counsel for Motorola, to Magalie Roman Salas, File No. 195SATML97 (May 21, 1998). On July 15, 1998, Motorola entered into certain agreements with Teledesic, including a Combination Agreement, which among other things, has resulted in  {O'Motorola owning approximately a 26 percent interest in Teledesic. See Letter from Philip Malet and James Talens to Magalie Roman Salas, (August 13, 1998). (# Both Cyberstar and Lockheed whose GSO systems are authorized to operate on a primary basis in frequency bands to be shared with Teledesic's secondary gigalink operations, raise concerns as to whether Teledesic's modified gigalink operations will cause interference into their GSO systems. Lockheed also argues that Teledesic's proposed modification will require its customer terminals to operate at higher powers, and thus, constitutes a "major" modification that must be considered in the second Kaband processing round.   X4 ,_ Discussion ă  X45.` ` In order to grant Teledesic's modification application, the Commission must  X4find that the public interest, convenience, and necessity will be served by such a grant.Y   {OE#'ԍXSee 47 U.S.C.  309(a).(#Y The Commission often receives requests from licensees to modify the technical design of their satellites while they are being constructed. In recognition of the several years required to"N 0*&&qqB" construct a satellite, or constellation of satellites, the rapidly changing technology, and our goal of encouraging more efficient use of the radio spectrum, the Commission has tried to  X4allow licensees to modify their satellite systems when possible. We have repeatedly  X4recognized that:  X4 XGiven the fairly lengthy time period required to construct a satellite, licensees often file requests to modify the technical design of their satellites as they are being built. If the proposed modification does not present any significant interference problems and is  XH4otherwise consistent with Commission policies, it is generally granted. H {O 'ԍXSee, e.g., GTE Spacenet Corp. 5 FCC Rcd. 4112, 4112 (Com. Car. Bur.1990) (GTE was allowed to  {O 'increase the power on one transponder from 20 watts to 27 watts); American Satellite Company, 5 FCC Rcd. 1186, 1186 (Com. Car. Bur. 1990) (American Satellite Company was permitted to increase the  {O 'power level on two of its transponders from 16.5 watts to 30 watts); and Hughes Communications  {O 'Galaxy, Inc., 5 FCC Rcd. 1653 (Com. Car. Bur. 1990) (Hughes was permitted to increase power of two satellites from 10 watts to 16 watts.)(#Ɩ (# Such decisions "allow[] the licensee to take advantage of the latest technology in providing  X 4service to the public." H {O'#X\  P6G;QsP#эXAmerican Satellite Company, 5 FCC Rcd. 1186, 1186 (1990).(#Ʒ In contrast, if the modification application were to present significant interference problems, we would treat the modification as a newly filed application and would  X 4consider the modification application in a subsequent satellite processing round.  {O`'ԍXSee, e.g., Geostar Positioning Corporation, 6 FCC Rcd. 2276 (Com. Car. Bur. 1991). (#ƒ  X 4 6.` ` In its application, Teledesic claims that its requested modifications "do not change the amount or location of frequencies to be used, nor do they. . . increase interference  Xy4to other authorized users or create a need for any additional protection from interference."yl  {O'ԍXModification Application at 1, citing Orbital Communications Corp., 9 FCC Rcd. 6476, 6481(1994),  {O`'recon, 10 FCC Rcd. 7801 (1995).(# Teledesic asserts that the modifications will serve the public interest "by (1) facilitating  XK4sharing among multiple NGSO FSS systems; 2) improving the system's ability to coordinate around incompatible satellite and terrestrial uses where necessary; and (3) by bounding or reducing the cost of the Teledesic Network and increasing the commercially usable capacity  X4of the system..."O  yO!'ԍModification Application at 3.O In any event, Teledesic asserts that its proposed modification should be evaluated only by reference to its impact on Motorola's Celestri system application which  X4was the only NGSO FSS application on file before Teledesic filed its modification application  X4ԩ and not by reference to its impact on other proposed second round Kaband systems.dX  yO%'ԍXTeledesic Consolidated Reply Comments at 9.(#d "0*&&qqX"Ԍ X4   X47.` ` For the reasons discussed below, we find the proposed modifications to  X4Teledesic's space segment do not, in themselves, create any significant interference problems to other systems or make sharing between Teledesic and other NGSO FSS systems significantly more difficult. In so finding, we disagree with Teledesic that we should evaluate its modification application only in reference to its impact on the NGSO FSS system on file before Teledesic filed its modification application, and not by reference to its impact on other  X_4proposed second round Kaband systems. The Commission stated in the Kaband Service  XJ4Rules Report and Order that we expect all NGSO FSS systems "to bear some portion of the technical and operational constraints necessary to accommodate multiple nonhomogeneous  X 4NGSO FSS systems."u  {O 'ԍKaband Service Rules Report and Order at  38.u Nowhere in that Order did we suggest that this burden would be limited only with respect to NGSO FSS systems licensed or applied for by a certain date. Consequently, we will evaluate Teledesic's proposed modifications with respect to all pending NGSO FSS applications, and with licensed systems operating in shared frequency bands.  X 4  X 4Teledesic's Proposed Modifications  X}48.` ` Below, we discuss the treatment of the proposed modifications followed by a discussion of each.  V84` ` Treatment of Modification  X 49.` ` Lockheed contends that Teledesic's modification application will increase the interference to other Kaband systems and therefore is a "major" modification. Consequently,  X4Lockheed asserts that in order to protect the rights of secondround Kaband NGSO FSS  X4applicants under the Ashbacker v. FCC decision,+ZZ {O'ԍXAshbacker v. FCC, 326 U.S. 327 (1945). Under Ashbacker, where grant of one application would preclude grant of another, the Commission may not grant one application without affording an opportunity for hearing to both applicants.(#+ the Commission must analyze Teledesic's request as a "major" modification to be considered as part of the second Kaband processing  X4round. Lockheed maintains that the Commission considered a similar situation with respect to  X4a modification filed by  Geostar Positioning Corporation  and decided to treat those  Xk4modifications as newlyfiled applications.k| {O!'ԍXGeostar Positioning Corporation, 6 FCC Rcd. 2276 (Com. Car. Bur. 1991). (#Ƈ  X?4   10.` `  In response, Teledesic contends that the changes in its application do not increase overall interference to any known satellite system. Teledesic also maintains that  X4grant of the modifications are consistent with Commission precedent. Specifically, Teledesic"0*&&qq"  X4relies on the Commission's decision in Orbital Communications Corp., where the International Bureau permitted Orbcomm to amend its pending satellite system application to add satellites,  X4change its altitude and increase its power. {OM'ԍX 9 FCC Rcd. 6476, 6481(1994), recon, 10 FCC Rcd. 7801 (1995).(#Ƃ  X4 11.` ` We disagree with Lockheed that the Geostar case compels a different result. Geostar was awarded a license for a satellite system in the radiodetermination satellite service ("RDSS"). Its system was chosen by the Commission as the "baseline" RDSS system because, among other reasons, it permitted multiple entry by other RDSS systems. The RDSS licensing rules mandated that all future applicants conform their design to Geostar's system architecture. Geostar proposed, among other things, to reduce the power of two of its three  X 4licensed satellites, to add two new satellites to its system, and to change an orbital location. The Commission found that this modification substantially reduced opportunities for future  X 4entry of other RDSS systems and was incompatible with the "baseline" system.P Z {O'ԍXId at 2278.(#P Thus, the Commission concluded that Geostar's proposal for a modification to its system was tantamount to an application for a new system and would need to be considered in the next  X 4RDSS processing round. In contrast, grant of Teledesic's modifications to its space segment, does not reduce entry opportunities for future NGSO FSS systems. Moreover, the Commission has not chosen a baseline system for NGSO FSS systems in the Kaband. In fact, the Commission specifically decided not to select Teledesic's satellite constellation as a "baseline" for subsequent Kaband NGSO FSS systems. Rather, it stated that to the extent future systems might be technically incompatible with the Teledesic design, Teledesic would  X!4be required to share some of the burden in coordinating with these NGSO FSS systems.{! {O'ԍXSee Kaband Service Rules Report and Order at  38.(#{  X4 12.` ` We also disagree with Lockheed that Teledesic's application should be considered a "major" modification that cannot be considered until the second Kaband processing round. Rather, as noted above, the Commission generally takes a flexible approach  X4when considering modifications to space station licenses. Lockheed is correct in noting that  X4in the context of amendments to satellite applications, Section25.116 of the Commission's  X4rules, 47 C.F.R. 25.116, distinguishes between "minor" and "major" amendments to pending  Xm4license applications.Xm~ yO!'ԍXIn pertinent part, 25.116 defines as "major" those amendments that "increase the potential for interference, or change the proposed frequencies or orbital locations to be used." 47 C.F.R. 25.116(b)(1). (# Under Section 25.116, if a space station application amendment is characterized as "major," the entire application must be treated as newly filed and the  XA4applicant loses its status in any ongoing processing round. The Commission, however, has  X*4not promulgated a comparable rule distinguishing between minor or major modifications to"*0*&&qq<"  X4space station licenses.z yOy'ԍXAlthough Sections 25.117 and 25.118, 47 C.F.R. 25.117 and 25.118, discuss modifications to station  {OA'licenses, neither section discusses when modifications to space station licenses are deemed "minor" or "major." These sections primarily address modifications to earth station licenses and their resulting regulatory treatment (that is, we place modification applications relating to "major" modifications on public notice for comment, while we allow earth station licensees to make "minor" modifications without prior Commission approval.) (#z In any event, as discussed below, we are not allowing Teledesic to make any changes that will significantly increase interference potential to future systems.  X4Further, because grant of the modification application will not preclude the grant of future  X4NGSO FSS systems, we also do not agree with Lockheed that any "Ashbacker" hearing rights of secondround Kaband applicants will be jeopardized if we act on the modification outside of the secondprocessing group. Consequently, we will not defer consideration of the Teledesic modification application to the second Kaband processing round.  VL4` ` Changes in Orbital Configuration  X 4 13.` ` First, we address Teledesic's proposed changes to its orbital configuration. By this, we mean the changes to the number of satellites, number of orbital planes, orbit altitude, and inclination. A system's orbital configuration can impact its ability to share with other systems and services by affecting the number of active satellites "visible" at a particular location. The magnitude of sharing difficulty increases with an increase in the number of active visible satellites in the modified system. Thus, a customer using another satellite system will have more difficulty operating with that system if the number of visible satellites in the modified system is increased. The Bureau's analysis indicates that Teledesic's proposed changes in orbital configuration will not affect the number of Teledesic satellites  XO4visible above a 40o elevation angle Teledesic's proposed minimum elevation angle at any particular time period throughout the United States. Consequently, this change will not create any significant interference problems to other systems or make sharing with other NGSO FSS systems in the Kaband significantly more difficult.  V4` ` Optical InterSatellite Links  X4 14.` ` Teledesic also proposes to use optical intersatellite links (ISLs) to interconnect its inorbit satellites. Optical ISLs are intersatellite links which transmit in the optical, not radio, frequency bands. Teledesic claims that the "extremely narrow beamwidth of optical links virtually eliminates any possibility of interference between the optical ISLs of Teledesic  XR4and ISLs of any nearby satellite networks."ORB yOE#'ԍModification Application at 8.O Alternatively, if optical ISL technology proves infeasible for any reason, Teledesic proposes to use radio frequency ISLs as initially";0*&&qq8"  X4requested, for its ISL operations.?X yOy'ԍXWhile we have not authorized Teledesic to operate on specific ISL frequencies, we have determined that Teledesic will operate within the 6571 GHz band. Teledesic Authorization at  2021. We expect to issue an order concerning Teledesic's ISLs shortly.(#? Because optical ISLs do not involve wire or radio frequency transmissions, the Commission does not have jurisdiction over the use of optical  X4ISLs.\ {Ok'ԍXSee 47 U.S.C. 152; the Commission's Table of Frequency Allocations only considers frequencies  {O5'between 9 kHz and 400 GHz, see 47 C.F.R. 2.102(a) optical frequencies are above 400 GHz. The International Telecommunications Union also does not regulate optical intersatellite links.(#Ƃ The addition of optical ISLs, therefore, does not impact the interference potential  X4with respect to radio frequency ISLs. In fact, to the extent that the use of optical ISLs will alleviate congestion in the radio frequency bands used for commercial ISL operations, we encourage the use of such links. Therefore, we find these proposed changes, which were unopposed, will not create any significant interference problems to other systems or make sharing with other NGSO FSS systems in the Kaband significantly more difficult.  V14` ` Emission Designators   X 415.` ` Teledesic proposes to use two 250 MHz carriers on the downlink rather than one 500 MHz carrier, as authorized. This proposed modification was not opposed. In fact, it may provide Teledesic with a capability to switch between transponders, giving it more flexibility when coordinating with other systems and services. This change will have no net affect on sharing because Teledesic will still be operating across the full 500 MHz. Therefore, the proposed change in emission designators will not create any significant interference problems to other systems or make sharing with other NGSO FSS systems in the Kaband significantly more difficult.  V44` ` Changes in Uplink and Downlink Power Budgets(#` ` ` ` ` 1. Uplink  X4` `   X416.` ` Teledesic's modified link budgets indicate that there is an increase in the uplink  X4power density for both service links and gigalinks.wZ  yO~'ԍXAlthough Teledesic did not specifically indicate changes in the frequencies for its "gigalink" or gateway, operations, it appears that Teledesic now proposes to operate some, if not all, of its uplink  {O!'gigalink terminals in the 28.629.1 GHz bands. See Modification Application at B1.(#w Lockheed claims that this would require Teledesic to operate its earth stations at equivalent isotropically radiated power ("e.i.r.p.") and e.i.r.p. density levels significantly higher than initially proposed. As a consequence, Lockheed claims that Teledesic's new user terminals will cause much greater interference into the  Xe4satellite receive antennas of secondround Kaband NGSO FSS systems than they would have"e. 0*&&qq"  X4if the system were operated as originally authorized. o yOy'ԍXLockheed Comments at 2 and Supplemental Comments at 5.(#o In response, Teledesic contends that the uplink e.i.r.p. spectral density of Teledesic earth station transmissions is not a direct  X4measure of their interferencecausing potential, as Lockheed asserts.] X yO'ԍTeledesic Consolidated Reply Comments at 10.] Teledesic further notes  X4that "while e.i.r.p. is a measure of the maximum interference that may result during inline situations, this is of questionable relevance because the inline situations must be mitigated no  X4matter what."! {O& 'ԍXId. at 11. "Inline" interference occurs when an NGSO satellite from one NGSO FSS system intersects the mainbeam of the interfering earth station.(#  X_4 17.` ` The change in uplink e.i.r.p. density is the most significant change Teledesic  XH4proposes to its authorized system. Studies concerning sharing between NGSO FSS systems, performed thus far in international study groups, indicate that cofrequency and cocoverage sharing between NGSO FSS systems is not possible without some form of interference  X 4mitigation techniques, such as the use of satellite diversity." B yO'ԍXSatellite diversity is a technique where more than one satellite is visible to an earth station so that the earth station has the capability to select communication paths that will facilitate sharing.(# While satellite avoidance  X 4techniques#  yO7'ԍXSatellite avoidance is a mitigation technique whereby inline interference is avoided.(#Ə may be used to mitigate the frequency of "inline" situations, this will not mitigate the potential for sidelobe interference from the Teledesic earth station into the satellite of another NGSO FSS system. This is because any increase in uplink power density will enlarge the area around the Teledesic satellite that another NGSO FSS system uplink would need to take into account in order to avoid receiving interference. These, in turn, could affect the system capacity of other NGSO FSS systems.  XK418.` ` While there is no information on the record to quantify this impact, it appears that secondround NGSO FSS systems will be required to make additional reductions in system capacity if they are going to be able to operate compatibly with Teledesic's modified system. Consequently, while Teledesic's proposed increase in uplink power density will not preclude other NGSO systems from operating in these bands, it will make sharing with other NGSO FSS systems significantly more difficult absent a reduction in the capacity of the secondround system. For this reason, the proposed uplink power increase would in itself, significantly increase interference potential and, thus, we would be compelled to deny it or defer it to the second processing round. Nevertheless, the only application before us is an  X|4application to modify Teledesic's space segment. Teledesic has not yet filed an application  Xg4for its earth station segment. Consequently, it is not appropriate, and in any case is premature, to consider here Teledesic's uplink user and gigalink terminal operations. "P * #0*&&qq" Significantly, remedial technical mitigation, such as improvements in the earth station antenna  X4pattern'$X yOb'ԍXBecause the Teledesic earth station side lobe and not its main lobe is at issue, the level of interference received at the NGSO satellite is highly dependent on the Teledesic earth station antenna performance (including sidelobe rolloff).(#' can be used to mitigate the increased interference potential resulting from an increase in power. We emphasize that we will grant Teledesic authority for its service link earth stations only to the extent that the change presents no significant interference problems to second round NGSO systems.  X4 ` `  Xv419.` ` Lockheed also asserts that the proposed increase in power may affect the ability of Teledesic's "gigalinks," to operate on a secondary noninterference basis in those frequency bands in the 27.628.4 GHz bands where GSO FSS systems operate on a primary basis. As discussed above, we do not have applications for Teledesic's gigalink terminals before us. Moreover, systems operating on a secondary basis may not cause harmful interference to or  X 4claim protection from stations operating on a primary or permitted basis.o%  {O'ԍSee 47 C.F.R. 2.104(d); 47 C.F.R. 2.105(c)(3).o While we recognize Lockheed's concerns, Teledesic does not propose any change to the secondary status  X 4of Teledesic's gigalinks.f& z {O'ԍSee Teledesic Consolidated Reply Comments at 3.f Consequently, Teledesic's gigalink operations may not cause  X 4harmful interference to, or claim protection from, primary GSO operations.'  {O{'ԍSee 47 C.F.R. 2.104(d); 47 C.F.R. 2.105(c)(3); see also Teledesic Authorization at  19 and n.23. Furthermore, under the terms of its authorization, Teledesic may not implement service in these secondary frequency bands without first demonstrating, to the Commission's satisfaction, that it can do  Xy4so without causing harmful interference to primary satellite operations in these frequencies.b(y {O'ԍXTeledesic Authorization at  39.(#b  Xb4  XK4 2.` ` Downlink  X420.` ` When analyzing the potential for increase in interference for satellitetoEarth transmissions, we need to look at the effect on three different types of systems also operating in the frequency bands that Teledesic will use: terrestrial systems, GSO FSS systems and other NGSO FSS systems.  ` ` a. terrestrial systems  X~4 e 21.  The powerflux density (PFD) from Teledesic's system will affect the interference potential to terrestrial systems operating in shared bands. These PFD limits, however, remain virtually unchanged as a result of Teledesic's proposed modifications. With"P 0 (0*&&qq" respect to the Teledesic's service link terminals, the PFD is slightly decreased. With respect to  X4the gigalink terminals, the PFD is slightly increased.)e yOb'ԍXHowever, the revised link budgets indicate that the PFD will decrease several dB under conditions of heavy rain fade and low elevation angles.(# In any event, in all cases, the modified PFD limits continue to meet the requirements of Section 25.208(c), 47 C.F.R. 25.208(c), of the Commission's Rules. This limit ensures that there will not be any unacceptable interference to terrestrial receivers in this band. Further, the slight decrease in PFD in Teledesic's service bands, appears small enough such that the Teledesic earth station receivers will not be considered more susceptible to interference from terrestrial transmitters and other NGSO FSS satellites. Therefore, we conclude that the changes made in the downlink PFD  XH4limit do not present any significant interference problems with terrestrial systems.   b. GSO FSS systems  X 422.  CyberStar and Lockheed also express concerns over potential interference from Teledesic's gigalink terminals in the 17.818.6 GHz bands into licensed GSO FSS systems operating on a primary basis in these frequency bands. As stated above, Teledesic does not propose any change in the secondary status of Teledesic's gigalinks with respect to geostationarysatellite orbit systems in these frequency bands. Teledesic's use of these frequency bands for "gigalink" operations has priority on a secondary noninterference basis with respect to GSO FSS systems. Furthermore, Teledesic may not implement this secondary  XK4authorization without first demonstrating to the Commission's satisfaction that it can do so  X44without causing harmful interference to primary satellite operations in these frequencies.T*4 e {O'ԍXId at 22310 para. 39.(#T Therefore, grant of this portion of the modification will not affect any GSO FSS system because Teledesic still must operate on a secondary priority noninterference basis to these  X4GSO FSS systems.     c. NGSO FSS systems  X423.  Teledesic is authorized to operate its satellitetogigalink terminal transmissions in the 17.818.6 GHz band on a secondary priority noninterference basis. Although Teledesic did not specifically indicate changes in the frequencies for its "gigalink" operations, it appears  XN4that Teledesic now proposes to operate some if not all of its downlink gigalink terminals in the  X7418.819.3 GHz bands, which is designated for primary NGSO downlinks.c+7e {O"'ԍXSee Modification Application at B1.(#c Teledesic's modified link budgets indicate an increase in the downlink gigalink PFD level in the modified Teledesic system. This proposed change will likely affect, to some degree, sharing with other NGSO FSS systems proposing to operate downlinks in the 18.819.3 GHz bands. It may also" D+0*&&qq"  X4increase the potential for interference into other NGSO FSS systems that propose to operate on a secondary noninterference basis to GSO FSS systems in the 17.818.6 GHz band. At this point we cannot quantify the effect of this increase in power on future systems because we do not know how many NGSO FSS systems will ultimately be licensed and the system configurations of future licensees. Nevertheless, our analysis indicates that the increased  X4downlink power will not create any significant interference problems with secondround NGSO systems or make NGSO sharing significantly more difficult. Moreover, none of the secondround Kaband applicants have objected to this change in Teledesic's application. Consequently, we will grant Teledesic authority to increase the power of its downlink gigalink terminals in the 18.819.3 GHz and 17.818.6 GHz bands. Nevertheless, consistent with the  X 4KaBand Service Rules Report and Order, we expect Teledesic to share the burden of coordination with other NGSO FSS systems and to coordinate in good faith.    X 4 Y Conclusion  X4 24.  We conclude that the public interest is served by granting Teledesic authority to modify its space station system. This will allow Teledesic to proceed with system implementation in a manner that will not significantly affect other existing and proposed systems. Further, we conclude our action today is consistent with Commission policy to encourage technical innovation and spectrum efficiency.  X' COrdering Clauses ă  X4 25.  Accordingly, IT IS ORDERED that Application File No. 195SATML97 for modification of Teledesic LLC's space station authorization IS GRANTED, to the extent  X4indicated herein, in accordance with the technical specifications set forth in the application and consistent with the Commission's rules.  Xg426.  IT IS FURTHER ORDERED that Teledesic LLC is subject to the terms and  XP4conditions in its 1997 Order and Authorization as modified in this Order.  X$4 27.  IT IS FURTHER ORDERED that the temporary assignment of any orbital planes, or of any particular frequencies, to Teledesic LLC is subject to change by summary order of the Commission on thirty days notice and does not confer any permanent right to use the orbit and spectrum. Neither this authorization nor any 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 public interest, convenience, and necessity will be served thereby. "U% +0*&&qqr#"  X428.  IT IS FURTHER ORDERED that Teledesic LLC will prepare any necessary submissions to the International Telecommunication Union (ITU) and to affected administrations for the completion of the appropriate advance publication, coordination, and notification obligations for these space stations and its modifications in accordance with the ITU Radio Regulations. No protection from interference caused by radio stations authorized  X4by other Administrations is guaranteed unless coordination procedures are timely completed or,  Xv4with respect to individual Administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other Administrations, 47 C.F.R. 25.111(b).  X 429.  IT IS FURTHER ORDERED that Teledesic LLC is afforded thirty days from the date of the release of this order and authorization to decline this authorization. Failure to respond within that period will constitute formal acceptance of the authorization.  X 4  30.  IT IS FURTHER ORDERED that this Order is issued pursuant to Section 0.261 of the Commission's Rules, 47 C.F.R.  0.261. Petitions for reconsideration under Section 1.106, or applications for review under Section 1.115 of the Commission's Rules, 47 C.F.R.   1.106 & 1.115, may be filed within 30 days of the date of public notice of this Order (see 47 C.F.R. 1.4(b)(2)).  X44  X431.  IT IS FURTHER ORDERED that this Order is effective upon the date of its release.    m m     m m  =uukFEDERAL COMMUNICATIONS COMMISSION   m m  =uukRegina M. Keeney     m m  =uukChief, International Bureau