Attachment DA 05-2037

DA 05-2037

ORDER & AUTHORIZATION submitted by IB,FCC

DA 05-2037

2005-07-18

This document pretains to SAT-AMD-19980630-00056 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1998063000056_441836

Federal Communications Commission pa 0s—2037 Before the Federal Communications Commission Washington, D.C. 20564 In the Matter of the Application of SkyBridge LL.C. TBFs No. SAT—LOA —19970228—00021 TBFS No. SAT—AMD—19970703—00058 For Authority to Launch and Operate TBFS No. SAT—AMD—19980630—00056 a Global Network of Low—Barth Orbit TBFS No. SAT—AMD—19990108—00004 Communications Satelites Providing TBFS No. SAT—AMD—20020917—00167 Broadband Services in the Fixed—Satelite Service IBFS No. SAT—AMD—20040719—00135 Call Sign $2241 orpER AND AUTHORIZATION Adopted: July 18, 2005 Released: July 18, 2005 By the Chiet International Bureau: L INTRODUCTION 1. With this Order, we authorize SkyBridge LLC. (SkyBridge) t launch and operate a system of non—geostationary satellte orbit (NGSO) fixed—satelite service (FSS) satelltes in the Ku—band frequencies. Specifically, we authorize SkyBridge to operate servicelinks,infrstructure and relay links, and telemetry, tricking, and command links in the 12.75—13.25 GHz and 13.75—14.5 GHz bands for ts uplinks (Rarthto—space) and in the 10.7—12.7 GHz band for its downlinks (space—to—Earth).. We also suthorize SkyBridge to use the 12.7—12.75 GHz (space—to—Earth) band outside the Westem Hemisphere, and the 17.3—17.8 GHz (Rarth—to—space) and 17.8—18.1 GHz (Earth—to—space) bands outside the United States on a non—harmfulinterference basis. This authorization will allow SkyBridge to iniiat a range of data, voice, and video broadband fixed satelite services to businesses and consumers around the globe. This license,the frsn a new Ku—band NGSO satllte service, can promote competition and investment in broadband services through an innovative new satellte service platform. 11. BACKGROUND 2.. SkyBridge seeks authority to operate a constellstion of 80 low—Earth orbit (LEO) satelites arrayed in 20 orbital planes, with 4 equally—spaced satelites per plane.. SkyBridge‘s planes will be inclined at 53 degrees from the equator, and will be equally spaced around the equator, 18 degrees apart. Each satelite will use circular orbitat n alttude of1,469.3 kilometers. All servicelinks,inffastructure and relay links, and telemetry, tracking, and command (TT&C) links will be operated in the requested Ku—band frequencies. 3. SkyBridge filedits application on February 28, 1997." ‘The Satelite Policy Branch placed SkyBridge‘s application on Public Notice as accepted for filing on August 28, 19972 In a later Public ! SkoBridge LLC, Applicaton IBFS No. SAT—LOA—19970228—00021 (SkyBridge Applcation). ‘The SkyBridge Appleation has subsequently been amended severa times: TBFS No: SAT—AMD—19970703—00088; TBES No. SAT—AMD—19980630—00056; TBFS No. SAT—AMD—19990108—00004; IBFS No. SAT—AMD—20020017— 00167 and TBFS No. SAT—AMD—20040719—00135,

Federal Communications Commission ba os—2037 Notice, the Satelite Policy Branch established a cut—off date for filing competing NGSO FSS system applications. Six entitesfiled applications to aunch and operate seven NGSO FSS systems.* Bocing, Hughes (both applications), and Teledesic have since withdrawn their applications, Further, the Commission dismissed Denal‘s applicaion as defective" 4. In addition to it application, SkyBridge filed a pettion for rulemaking to allow NGSO FSS systems in the requested Ku—band frequencies. Contemporaneous with its review of the specific applications filed, the Commission opened a rulemaking proceeding to consider co—frequency operation of NGSO FSS systems with peostationary satelite orbit (GSO) systems and terrestralsystems already operating in those frequencies:* in late 2000, the Commission determined the ules for interservice sharing between satelite and terrestrial services in shared Ku—band frequencies.". The Commission decided the means fo inta—service sharing among the Ku—band NGSO FSS applicants and issued service 1ules in 2002 The Commission later refined the rules for sharing between GSO systems and the proposed NGSO FSS systems in Ku—band frequencies." Consequently, we are now in a position to act on the pending Ku—band NGSO FSS applications. 5.. SkyBridge is wholly owned and controlled by SkyBridge Limited Partnership.® The general partner of SkyBridge Limited Partnership is SkyBridge G.P., nc, a Delaware corporation, which holds a .583% ownership interest. SkyBridge G.P, Inc.is in tum wholly owned by Aleatel Space, a French company. In addition to the general partner, two limited partners hold a greater than 10% equity ownership in SkyBridge Limited Partnership: Alcatel Multimedia Satelite, another French company (46.968% interest) and Loral Broadband Holdings, L.P., a Delaware limited partnership wholly owned by Loral Space & Communications, Ltd. a Bermuda company (14.296% interesd).. In addition, 16 other (..contined from previous page) * Public Notie, Satellte Polcy Branch Information: Application Accepted for Fling, Report No. SPB—98 (reeased August 28, 1997) * Report No. SPB—141, released November 2, 1998 (Ki—band Cut—OfNoice. * Public Noice Satelite Policy Branch Information: Applications Accepted for Flingin the 12:75—13.25 GHte, 13.75—14.5 GHfe, 173—178 Gite and 107—12.7 Giie Frequency Bands, Report No. SAT—00013 (released March 23, 1999), In addiion to the Skyliridge Application,applications were filed by:. Denali Telecom, LLC; Hughes Communications Inc.(an application fr 22 medium»—Barth orbit stelltes); Hughes Communications Ic.(a sparate application for 70 low—Earth orbit stelits); Teledesic, LL—C; The Bocing Company; and Vimal Geosmellte, LLC. * Denali Tlecom LLC. See Public Noric, Stelite Policy Branch Information: Actions Taken, Report No. SAT—00231, DA No. 042436 (released Jly 30,2004). * AmendmentoParts 2 and 25 ofthe Commission‘s Rules to Permit Gperation ofNGSO FSS Systens Co— Frequency with GSO and Terrestial Systensin the Ku—band Frequency Renge, ET Docket No. 98—206. (the Kue bandSharingProceeding). * Amendment ofPart 2 and 25 ofthe Commisson‘s Rulesto Pernit OperationofNGSO FSS Systems Co— Prequency with GSO and Terrestial Systes in the Ku—bond Frequency Range, Frt Report and Order and Further Notie ofProposed Rulemaking, FCC 00—H18, 16 FCC Red. 4096 (2000)(Rist Report and Order}. * In The Matter OfThe Establishment OfPlices And Service Rules For The Non—Geostatonary Satelte Orbic Fived SatellteService In The Kuband, Report and Order and Puriher Notice of Proposed Rulemaking, 17 ECC Red. 7841 (2002) (Ki—band NGSO FSSService Rules Order}. * Amendment ofParts 2 and 25 ofthe Conmisson‘s Rulesto Permit Gperation ofNGSO FSS Systems Co— Prequency with GSO and Terrestial Systens in the Ki—band Frequercy Renge, Third Memorandum Opinion and Order, 18 RCC Red. 2307 (2003)(ThrMosto) "* SiyBridge LLC. Amendment, IBES No. SAT—AMD—20020917—00167 (2002 Conforming Amendmen) acixtibic.

Federal Communications Commision ba 0s—2037 limited parters —— each holding less than 10% equity ownership — collectively own 38.153% of SkBridge Limited Partnership." 6. A number of parties filed comments on or petiions to deny the SkyBridge Application. Virtally all the comments and petiions to deny focused on sharing issues between incumbent GSO services and terrestral fixed services in the Ku—band frequencies and SkyBridge‘s proposed Ku—band NGSO FSS system. The majority of these sharing issues were subsequently resolved through an intermational agreement and changes to the Intemational Radio Regulations at the 2000 World Radiocommunication Conference (WRC:2000). The Commission: implemented: these. changes domestically in its First Report and Order in the Ku—band Sharing Proceeding." 7.. SkyBridge first amended ts application on June 30, 1997." The 1997 Amendment removed certain frequency bands used in the United Statesfor govermment operations, changed the antenna pattem for residential user terminals, elaborated on frequency sharing with fixed terrestrial operators, and demonstrated the proposed system‘s abilty to operate co—frequency with GSO and terrestril systems in the Ku—band frequencies. SkyBridge further amended its application on June 30, 1998 to increase the number ofsatellites rom 64 to $0, and to change the orbital configuration ofthe satelltes."" On January 8, 1999, SkyBridge again amended ts application to revise frequency usage requirements,to update radio transmission parameters and satelite antenna pattems, to propose a new "relay link" between gateway earth stations, and to update system routing and switching procedures." 8. Afer the release of the Commission‘s service rules for the NGSO FSS in Ku—band frequencies,SkyBridge filed ts Conforming Amendment in September 2002."" Also in September 2002, SkyBridge filed supplementary information with the Intermational Telecommunication Union (PTU) in response t an TTU request for information to be used in developing software to prove compliance with certain power limits."" Subsequently, in a 2004 Public Notice, the Intemmational Bureau‘s Satelite Division clarifed the minimum information that must be included in a casualty risk assessment if an applicant‘s planned postmission disposal of NGSO satelites involves atmospheric reentry of spacecmaft!". SkyBridge filed a casualty risk assessment on July 19, 2004."" The Division subsequenty nz ©* Fust Repor and Order and Further Notce ofProposed Rulemaking, 16 FCC Red. 4096 2000) ". SiyBridge LLC. Amendment, File No. 69.SAT—AMEND—97, IBFS No. SAT—AMD—19970703—00058 (1997 Amendmeng; see Public Notie, Satllte Policy Branch Information: Application Accepted for Filing, Report No. PB—98 (released Aupust28,1997). !* SyBridge LLC. Amendment, File No. 130—SAT—AMEND—9, TBES No. SAT—AMD—19980620—00056 (1998 Amendment; see Public Notice, Satelite Policy Branch Information: Application Accepted fr Eilig, Report No. SPB—133(elased July 20, 1998). . SkyBridge LLC. Amendment, IBFS No. SAT—AMD—19990108—00004 (1999 Amendment; see Public Notc, Satelite Policy Branch Information: Applicaions Accepted for Fling in th 12.75—13.28 GHte, 1375—14. Gite, 173—17.8 GHteand 10.7—12.7 GHte Frequency Bands, Report No. SAT—00013(elesed March 23, 1999 !* 2002 Conforming Amendmentat Exibit A. "* September 25, 2002 leter rom Kathryn O‘Brien, Chiet Striegic Analysis and Negotitions Division, InterationalBureau, FCC, o The Director, Radiocommunication Bareau, Iternational Telecommunication Union (cover sibmission on bebalf of SkyBridge) (SkyBridge 2002 CR/176 Filing; March 26, 2002 TTU—BR Circular leter CR/176. ©* Public Notie, Report No. SPB—208, DA 04—1724(released Jun 16, 2008 * ile No. SAT—AMD—20040719—00135.

Federal Communications Commission ba os—2037 wrote leter t SkyBridge requesting additionaldetails on is orbital debris mitigation plan.®" SkyBridge filed a responsive lettr detaling ts plan."" 9.. On Aprl 12, 2005, the Policy Division ofthe Itermational Bureau forarded the SkyBridge application for Executive Branch review, to determine whether the application raised any mational security, law enforeement, foreign policy or trade concems." Upon review, no Executive Branch agency filed an objectiont the application. 10. SkyBridge statesthat the SkyBridge System willbedivided into three business segments:(1) the space segment owned and operated on a global basis by SkyBridge; (2) gateway carth station operations; and (3) the user service provider segment." The latter two segments will be owned and operated by independent third parties on a regional or local basis. This icense does not authorize user terminals or gateway earth stations. We will Hcense these stations when applieations are filed, in accordance with the appropriate technical requirementsfor thirrespective frequency bands. uit DiscussioN 11. All applicants requesting authority t launch and operate satellite space stations must present information sufficient to establishtheirlegal, technical, and financial qualifeations to hold a Commission Hicense. °* The regulations set forth in Part 25 of the Commission‘s rules govem ESS applicants and Hicensces, including this application for NGSO FSS in the Ku—band frequencies. We have reviewed SkyBridge‘s satellte application and associated amendments, ptiions, comments, and replies. Nothing in the record suggests hat SkyBridge is notlegally qualified to provide ts proposed service. We find that SkBridge is qualified, and that the proposed facilites and operations comply with all applicable rules, regulations, and polices. Thus, we conclude that grant of this application will serve the public interest, convenience and necessity. A« Technical Qualifications 12. This is the first authorization granted in the new Ku—band NGSO FSS service. When SkyBridge and other Hicensees in the service are operational, they will share their Ku—band spectrum under the avoidance ofinline interference events" technique adopted by the Commission in the Kt—band NGSO FSS Service Rules Order. Atthe sametime, SkyBridge and other Ku—band NGSO FSS licensees will share already heavily—used Ku—band spectrum with other space station operators and with terestral users pursuant to the sharing mechanisms adopted in the Airst Report and Order." We reiterte, below, the necessary sharing constraints in the bands in which SkyBridge‘s NGSO FSS system will operate ® October 1, 2004 Lettr from Thomas 5. Tyce, Chief, Stelite Division,to Jeffey Olso, Artomey for SigBridgeLLC "* November 10, 2004 Leter fom Jefi . Olson and Diane C. Gaylo, Attomeys fo SkyBridgs, LLC. to MarleneH. Donch, Secreta, PCC (SkyBridge Orbial Debris Leter). " April12, 2008 Leter from George Li, Deputy Chief, Policy Division, Intermational Bureau, RCC to Htillry Morgan, Damon Well, Ei Wemer, Edward T. Hand, Josephine Scaret, Helen Domenic, Dominic Pastor, Laura Parsky, Monique Rot, Regina Hart, Louis Bremner, Tames Casey, Richard Lamb, Tina Gabbrel, Kenneth Schagrin, and Myla 5. Troter ®. SiyBridge Application t 17. " See 47 US.C. § 301. * First Report and Order, 16 FCC Red. 4096 (2000) a

Federal Communications Commission ba os—2037 1. System Design 13. As amended, the SkyBridgesystem is comprised of a constelition of 80 operational LEO sateltes, additional in—orbit spares, a satelite control center, TT&C earth stations, a mission control center, gateway carth stations, and user terminals. Gateways interconnect the system with local servers and the terrestrial broadband and narrowband network, The system is designed primarily to provide communication links between gateways and user terminals. The communications triffic generated by user terminals will be transmited by SkyBridge sstelites to gateway earth stations without any processing other than amplification and frequency transtation, a system architecture often described as a "bent pipe" system. In essence, SkyBridge satelites provide a radio repeater service between the gateways and user terminals 14. Each SkyBridge satelite will illuminate an area on the surfice of the Barth with a radius of 3,000 kilometers. The satelite‘s downlink trnsmissions will be divided into a maximum of 24 steerable spot—beams, each illuminating a 350—kilometer radius cell on Earth.. Gateway earth stations will be located within the 3504ilometerradius cells illuminated by spotbeams and will conect to and continuously manage the trafic of use terminals within their respective cells®". Because the SkyBridge satellites" orbit is non—geostationary, gateway traffic must be periodically handed over between orbiting satelites. The system‘s mission control center will plan in advance the resources availsble to each gateway.. The hand—over operation will be contolled in real time by the gateway stations.. SkyBridge expects that approximately 200 gateways will be deployed worldwide, 30—40 of which will serve the United Sttes: 15. User terminals will be composed of an outdoor unit, including the antenna, rdioffequency components, modems and a control unitforestablishing thelink via satelite with the gateway station, and an indoor unit for delivering and collectingthe user trifc via interfaces with terminals such as personal computers or set top boxes." ‘The type of user terminal will difer depending upon whether it is being used for a residental or professional application. SkyBridge antiipates that user terminals will be distibuted to end users either directly through consumer electronics retailers o via the third—party service providers." 2. Sharing with Other NGSO FSS Systems 16. In the Ku—band NGSO FSS Service Rules Order,the Commission adopted an "avoidance of in—lineinterference events" spectrum sharing method asthe basis ofspectrum sharing between and among NGSO FSS service operators." . SkyBridge must incorporate into its system design the capscity to implement avoidance of in—line interference events with all future NGSO FSS licensees. This authorization is conditioned on SkyBridge‘s abiity to avoid in—line interference events with other NGSO FSS Hicensees in the Ku—band. * 1999 Amendmentat A4. "" 1999 Amentment t A.7. * 1999 Amentmentat A49. " 1999 Amendmentat A—50. * SipBridge Applicaion at 18. "* xuband NGSO FSS Service Rules Order,17 BCC Red. t 7850 427. s

Federal Communications Commission ba 0s—2037 3. Sharing with Other Users 17. Incumbent GSO FSS operators and terrestrialfixed service operators raised concems sbout SkyBridge‘s potental to adversely affect thir co—frequency services in the Ku—band. Section 25.146(e) of the Commission‘s ruls, 47 CFR. § 25.146(), provides that NGSO FSS systems shall not claim protection from GSO FSS and Broadeast Stellite Service (BSS) networks operating in accordance with Commission rules." In this section, we address these concems in each of the uplink and downlink frequency bands in which SkBridge proposes to operate ts system." a.— DownlinkBands ® 10.7— 11.7 Gite 18. Prior to SkyBridge‘s application and petiton for rilemaking, the 10.7—11.7 GHz band was allocated on a co—primary basis to terestralfixed service (FS), and to FSS downlinks forinterational systems only." The Commission permitted NGSO FSS gateway earth stations to provide spaceto—Barth ransmissions (downlinks) in this band in the Firsr Report and Order." The Commission adopted technical sharing criteria to allow co—ftequency NGSO FSS and FS operations in this band, consisting of power flux density (PFD) limits, consistent with decisions taken at WRC—2000" The Commission also adopted technical sharing crtera to allow NGSO FSS and GSO FSS co—frequency operations, consisting of equivalent power flux density (EPFD) downlink limits, likewise consistent with WRC—2000 decisions." 19. Further protection of incumbent GSO FSS operations in the Ku—band is afforded by operational EPFD limits, and additional operational EPFD limits:" SkyBridge must demonstrate thatit meets these operational and additional operational limits afte liensing, but prior to ts system being placed into service."" And, finally, the Commission also adopted a limit to the agaregate EPFD, which is ® a7 caR. 5251400 2000 ". n is application, SkyDridge asserted that ts system will equireat least 1.08 gigaberts ofcontiguous uplink and 1.05 gigaberts ofcontiuous dowalink spectrur in the Kuband. SkyBridge Application at 75. In is 1997 Amendment, Skyridgt removed two frequency band seqments from itsrequest for authoriation because those segments were usedfor United Sttes government opertions. 1997 Amendmentat3 (th 14.5—14.8 GHfe band and the 178—18.1 GHtz band). Recopnizing that withthosesegments unavailabl, it could not request 1.08 GHle of contiguous spectrum i the Ki—band, Skyiidge removed the request forcntiguous spectrum from ts Application. 1997 Amendmentat . "* See 47 CER.§2.106 ofthe Commission‘s Rules, foomote 792 A. *. Frst Report and Order, 16 FCC Red. t 4099 42. * First Report and Order, 16 ECC Red. at 4116 § 39. Power flcdensity (PFD) is a measure of he amount ofenergy emited by a transmite that is present overa untare athe Earh‘ssurfice or atthe satelite, and is a crticl fctor in determining whether stelite systems can successilly share spectrum with other servics or sateite systems. 7d.at4140 § 106. The Commission adopted evised terminology used by intemational working groups,refering to "EPFD..."for power limits applieabl to NGSO FSS space sttions within an NGSO FSS system and EPFD., for power limitsapplicable to NGSO FSS Earth sutions wihin an NGSO FSS system or GSO 1859 and SS systoms. 1¢ "" Rist Report and Orde, 16 FC Red. t 4128 472. " Fist Report and Order, 16 ECC Red. at 4136 9 9(incorporting EPED limis codiiedat47 C.FR. $§ 25.208() and 25208()) * First Report and Order, 16 FCC Red.at 4136 496. 6

Federal Communications Commission Da 0s—2037 the cumultive level of interference into GSO FSS systems from all co—frequency NGSO FSS systems, although the method for verifying compliance with thislimit has not yet been determined.® 20. In addition, the Commission required coordination between NGSO FSS operators and radio astronomy service receivers in the 10.6—10.7 GHz band," and coordination to protect GSO FSS networks in this band using sensitive receiving earth stations with very large antennas.". The Arst Report and Order revised footnotes o the Table of Frequency Allocations to state that NGSO FSS systems shall not claim protection from GSO systems operating in accordance with the TTU Radio Regulations and that NGSO FSS systems shall operate in such a way that any unaceeptable interference that may occur during their operations shall be rapidly eliminated 21. Because the Commission found that deployment of NGSO FSS service links in some Ku— frequency bands could hinder fature co—frequency terrestral service deployment in those bands, including the 10.7—11.7 GHz band, NGSO FSS use of them was limited to gateway earth stations. The Commission defined gateway earth stations in the First Report and Order as those earth stations that do not originate or terminate triffi, but interconnect multiple non—collocated user earth stations operating in frequency bands other than designated gateway bands, through a satelite to other primary networks, such as the public switched telephone network and the Intemet" On reconsideration, the Commission clarified that its definition of NGSO FSS earth sttion gateways limits their use to NGSO FSS backbone support, but does not prohibit connection to all private networks." The clarified definition does, however, probibit connection to a gateway earth station for the exclusive use ofany single customer.‘The Commission also decided, on reconsideration, that the PFD limits it adopted are sufficient to protect incumbent services in the 10.7—11.7 GHz band without the need fo individual coordination ofgateway earth stations* 22. In the First Report and Order, the Commission concluded that the record in the Ki—band Sharing Proceeding supported certain resrctions on NGSO FSS gateway carth station deployment in specified geographic areas that would protect incumbent services‘ use of the bands."" The Commission found that a growth zone concept —— focusing on coordination procedures to protect incumbent services within specified geographic areas —— would provide an efficient and fexible approach to band sharing." But the Commission deferred evaluation of growth zones to a future proceeding because the concept needed further analysis. In a Notice of Proposed Rulemaking adopted in December 2003, the Commission proposed to apply the principles ofa growth zone proposal developed by SkyBridge and the ® Firs Report and Order, 16 FCC Red. t 41409 106. * Fis Report and Onder, 16 EC Red t 4191 4256; see also 47 CER.§2.106 Footmote US3SS * FistReport and Order, 16 ECC Red at 4142 112; see also 47 CB.R. §25.146(0. ® Rist Report and Order, 16 ECC Red. at 4128 4 73; see also 47 CER. §2.106 Foototes SA41 and sasia * Aist Report and Order, 16 FCC Red. u4111 429. ® Amendmant ofParts 2 and 25 ofthe Commisson‘s Rules to Pernit Operation ofNGSO FSS Systens Co—Prequeney with GSO and TerrestialSystems in the Ku—band, Second Memorandurn Opinion and Order, 18 FCC Red 2324, 2335 925 (2003) (SecondMOKO * Second MO&O, 18 FCC Red t 2332420. ©" Fist Report and Order, 16 FCC Red. t 4126 466. * Fist Report and Order,16 FCC Red. t 4126 67. 7

Federal Communications Commission ba 0s—2037 Fixed Wireless Communications Coalition" We will require SkyBridge and any other NGSO FSS Hicenses in the Ku—band to meet any rules adopted in this proceeding. 23. SkyBridge proposes to use the 10.7—11.7 GHe frequency band (space—to—Earth) for its NGSO FSS service downlinks to gateway stations." This use comports with the restrctions on the band. (D 117—122 Gite 24. The 11.7—12.2 GHtz band was previouslyallocated on a primary basis for FSS downlinks. In the First Report and Order, the Commission allowed the NGSO FSS to share the band with the GSO FSS on a co—primary basis by adopting the same EPFD.... limits for NGSO FSS service downlinks in the band that it adopted for NGSO FSS gateway downlinks in the 10.7—11.7 GHz. As discussed above, NGSO operations in this band cannot claim protection from GSO operations.". In addition, each NGSO FSS licensee must demonstrate, prior to being placed into service, that it meets the operational and additional operational limits adopted in the First Report and Order," and must coordinate with GSO FSS networks using sensitive receiving earth stations with very large antennas." 25. Since the same EPFD limits apply to downlinks to gateway earth stations and to user terminal earth stations, either type of earth sttion may be operated in this band.. SkyBridge proposes to operate cither user terminals or gateways in the 17—122 GHz (space—to—Rarth) frequency band," and is authorized to do so, subject to the controling EPFD limits. (0) 122127 Gite 26. The 122—12.7 GHz band is allocated on a primary busis to the BSS for use by direct broadeast service systems. The band also has a primary allocation for the terrestrial fixed service, although systems licensed in the band after September 9, 1983 must operate on a non—harmful interference basisto the BSS, In the First Report and Order,the Commission further allocated the 12.2« 12.7 GHz band to NGSO FSS service downlinks, sharing with BSS operations on a co—primary basis under technical operating parameters, consisting of EPFD limits. In order to allow NGSO FSS sharing with BSS, the Commission adopted single entry and aggregate EPFDs.., limits for NGSO FSS operations." The Commission also permitted multichannel video distrbation and data service (MVDDS) operations in this band on a co—primary basis to NGSO FSS and on a non—harmful iterference basis to incumbent BSS." In the Third Memorandim Opinion and Order,the Commission amended portions of the rules under which NGSO FSS providers demonstrate that they mest the EPFDy... limits" In * Amendment of Parts 25, 74, 78 and 101 of the Rules regarding Coordination between the Nor— Geostaionary and Geostationary Satlite Orbt Fixed—SarelteService and Fived. Broadcast Awiiry and Cable Teleision Relay Services in the 7 GHs, 10 GHiz and 13 GHiz Frequency Bands, Notiee of Proposed Rulemaking, ECC O3—318, ET Docket No.03—254 (rleased Dec.23, 2003) (NGSO FSS, BAS and CARS Coordinaion NPRIQ ". 1999 Amentmentat A—20. *‘ See also 47 CER. §2.106 Foomotes S484A and S487A. ®* FirstReport and Order, 16 ECC Red. at 4136 4 96 (ncorporating EPED limitscodified at 47 CFR §§ 28208() and 25208( ®. Seealo 47 CER §25.146(0. * 1999 Amentmentat A.20. * Firs Report and Order, 16 FCC Red. t 41624 170. * Fst Report and Order, 16 ECC Red. at 4182 § 224. See als, 47 CER § 25.139 (NGSO ESS information sharing with MVDDS lcensecs. 7. ThMo#0, 18 BC Red. 2307 2310 972.

Federal Communications Commission ba 0s—2037 addition, each NGSO FSS licensee must demonstrat, prir to being placed into service, thatit meetsthe operational and additional operational limits adopted in the First Report and Order,"" and must coordinate with GSO FSS networks using sensitive receiving earth sations with very large anternas,"" 27. SkyBridge proposes to use the 12.2—12.7 GHz frequency band for service downlinks to either gateway or end user terminal earthstations." We authorize SkyBridge to do so, subject to the controling EPFD limits. b.— Uplink Bands: @ 12s— 125 one 28. In the First Report and Order, the Commission permitted NGSO FSS gateway uplink earth stations to operate in most of the 12.75—13.25 GH band on a co—primary basis with incumbent operators."" The incumbent broadcast auxiliry service (BAS) and cable television relay service (CARS) operators are entiled to interference protection from NGSO FSS gateway uplinks, ‘The Commission found in the First Report and Order that NGSO FSS coordination with BAS and CARS under existing Part 101 and Part 25 procedures is possible, but diffcultand therefore concluded that new coordination procedures need to be developed. In addition, some form of gcographic protection area must be developed for locating NGSO FSS gateway earth stitions. In the NGSO FSS, A4S and CARS Coordination NPRM, the Commission proposed to adopt a modified version of a grouth zone proposal put forth by SkyBridge and the Fixed Wireless Communications Conliion, and to proposed to develop new coordination procedures.. SkyBridge‘s operations in this band will be subject to the coordination procedures developed in that proceeding. 29. In addition to sharing this band with BAS and CARS, NGSO FSS licensces must coordinate with GSO FSS using the band."" The Commission adopted EPFD,, limitsatthe geostationary satelite orbit, regardless of whether the NGSO FSS system transmission emanates from a gateway or from a user earth station facilty.". These limitsare single—entry EPFD,,limits adopted at WRC—2000 and adopted in the Ku—band NGSO FSS service rules" (@) 13.15—13.2125 GHzException 30. Although the Commission permitted NGSO FSS gateway earth stations in most of the 12.75— 13.25 GHtz in the First Report and Order, the Commission carved out a portion of the band in which NGSO FSS operations were not permitted in order to continue remote backup operations throughout the United Sttes for ncumbent BAS and CARS®. On reconsideration, however, the Commission modified "* Rist Reportand Order, 16 ECC Red. at 4136 996 (incomporting EPED limits codiied at 47 CFR. $§ 25208() and 25208(). * See also 47 CER §25.14600. 1999 Amendmentat A—20. * FisReport and Order, 16 FCC Red. t 41464 12. © See 47 CER. §2.106 Foomote 5441. 9. Fist Reportand Order,16 FCC Red. at 4149 131. " Seed7 CER 5 25.14600. ©, Fist Reportand Order,16 BCC Red. at 41474 126. 9

Federal Communications Commission DA 0s—2037 itsrules to permit NGSO FSS uplink operations in the 13.15—13.2125 GHz band, but only in areas ofthe country outside a 50 km radius ofthe top 100 television markets." 31. SkyBridge proposed to use the entire 12.75—13.25 GHz frequency band for its NGSO FSS service uplinks from gateway earth stations." We have reviewed the EPFD,, calculations provided by SkBridge and find that they comply with our EPFD limits.. SkyBridge will be allowed to provide uplinks from gateway carth stations from 12,75—13.15 GHz and from 13.2125—13.25 GHz. In the frequency band from 13.15—13.2125 GHz, SkyBridge may operate service uplinks only from gateway earthsttions located outside a 50 km radius of the top 100 television markes. w 1375—140 one 32. In the First Report and Order, the Commission allowed NGSO FSS gateway uplink operations in the 13.75—14.0 GHband."" To faciitate NGSO FSS sharing with GSO FSS operations,the Commission adopted the same EPFD., limitsfor the 13.75—14.0 GHz band thatit adopted for the 12.75— 1325 GHe and 14.0—14.5 GHz bands." The Commission also found that technical requirements it adopted are adequate to permit NGSO FSS gateway uplink spectrim sharing with incumbent operations in the band." 33. The 13.75—14.0 GHz band has been allocated domestically and internationally to th fixed— satelite service, subject to restrictions embodied in footnotes to the domestc and internationaltables of allocations, The 13.75—14.0 GHz band is shared on a primary basis with the Govermment radiolocation service and with the forward space—to—space and space—o—Earth links of the National Aeronsutics and Space Administation (NASA) Tracking and Data Relay Satelite System (TDRSS) in the space research service. Consequently,eath sttions in the United States and its possessions (US&P) operating with the SkoBridge satelite system will require coordination through the National Telecommunications and Information Administration (NTTA) Interdepariment Radio Advisory Committee‘s (IRAC) Frequency Assignment Subcommittee (FAS):" We have received a ltte from the NTIA requesting that we identfy this requirement in any grant oauthority to operate a satelite in the 13.75—14.0 GHtz band."" 34. Domestically, foomotes US337, US356,and US357 are applicable." These footmotes place certain restrctions on FSS operations in order to protect government operations in the band, including manned space fight* Intemationally,foototes .502 and 5.503 to the Intemnational Telecommunication * Second MO&O, 18 ECC Red at 2328 411. "" 1999 Amentment t A—20. 5* First Report and Order, 16 FCC Red at 41534 143. * Firs Report and Order, 16 FCC Red.at 4155 4 147; also 47 CER. §2.106 Foomore $484A. * Pst Report and Order, 16 FCC Red. 4155 4 146. "* See Amendment of Pars 2, 25, and 90 of the Commissin‘s Rules to Allcate the 13.75—140 Giiz band §;)Fuumsm.ll.iu Service, Report and Onder, ET Docket No. 96—20, 11 ECC Red 11951, 11960—61 (para. 20) ". See May 11, 1999 Leter from Wiliam Hatch, Acting Associate Administato, Office of Spectuim Management, NTTA,to Roderck Portr, ActingChief, Inerational Bureay, FCC " Foomote US337 requires thatearth staons operting in the 13.75—13.8 GHtz band be coortinated through NTIA‘sIRAC FAS to minimize iterference to the forward space—to—apacelink of the NASA TDRSS. 47 c g2.106 ussar "* Foomote US35G place a restrcton minimum antenna size of4.5 metersfor c sitions opertin in the 13.75—14.0 Gife band and indicates a minimum equivalet sotropically radiated power (RIRP) that should be wsed. ‘Foomote US2S7 limis FSS carth sation EIRP spectal densty in the 13.77—13.76 GHle band ul those (continued.. 10

Federal Communieations Commission paos—2037 Union (ITU) Radio Regulations place certain similar restrctions on FSS operations." For non— geostationary satellte metworks, there are no fundamental. differences between the domestio and interational footmotes, e.2.require a minimum earth station diameter of 4.5 meters.. We require that earth stations in the US&P operate in accordance withthe U.S.footnotes US337, US356 and US357, For non—US&P earth stations accessing the SkyBridge satllte system, we require operation to be consistent with the internationalfootnotes .502 and 5.503. 35. TTU Radio Regulation foomote 5503A required the fixed.satellte service not to cause harmful interferenceto non—peostationary space stations in the space research and Earth exploration satellite services prior to the January 1, 2000 and for some earth stations to accommodate the needs of spacebome precipitation radars operating in the band 13.793—13.408 GHz."* We have received a letter from NTIA noting that NASA‘s Tropical Rainfll Measuring Mission (TRMM) satellite system radar in the band 13.703—13.805 GHz is sll operating."" Because TRMM is a highly valuable and visible U.S. asset, with a broad range of intermational users, NTIA has requested cooperation from the Commission and non—Federal Government entitiesin providing assistance in reducing interference with the TRMM radar." NTA notes that it desires that SS earth sttions in the 13.793 — 13.405 GHe frequency band Tocated south of 39° N.and east of110° W. operate with emission levels below 150 dBW/600 kXz at the TRMM space station receiver. Because this is a request and not a requirement,considering the secondary nature of the TRMM operation, we will urge, but not require, operators of earth stations accessing the SkyBridge satelite system in the 13.75 — 14.0 GHz band to cooperate voluntarly with NASA in order to faclitate continued operation of the TRMM satelite. NTIA also notes that none of the other space—based radar operations covered by 5.503A will eek continued cooperation in this respect."" 36. SkyBridge proposes to use the 13.75—14.0 GHfrequency band for ts NGSO FSS gnteway service uplinks." SkyBridge has provided the Commission the appropriate EPFD,, calculations as required under 47 CFR. § 25.146(@) and, upon review of such information, has been found to be in compliance. SkyBridgeis authorized to operate gateway uplinks in the 13.75—14.0 GHz frequency band. (..contimed from previous page) prosttionary space stations in the space research servie for which advance publication information was eceived by the TTU prio t 31 Jannary 1992 ceaseto operate in hisband * Feotote .502 to the TTU Radio Regulations etablishes minimum antenna diametersfor arh stutions of geostrtonary and non—peostationary satelite networks, and places centain estrictions on citer the minimum EIRP or the pover fixcdensity (PFD) levels produced by carth sutions operating in the 12.75—14.0 GHfe band Foomote 5.503 limits ESS earth sution EIRP spectraldensity in the 13:770—13.780 GHte band for arth stations in the ESS operating with acosationany—orbit space statins, untl those peosationary space stations in the space research servicefor whichadvance publication infomation was received by th ITU prir to 31 January 1992 cease to operate in this band. "*Footmote 5503A wassuppreised at WRC:0. Testted that. "Until1 Jamary 2000,stions in thefixed— satellte service shall not cause harmfil nterference to non—geostationaty space stations in the space rescarch and Earth explortion—steliteservices. Addivonaly, when planning earth sations in the fixed—stelt serviceto be broughtinto servicebetween 1 January 2000 and 1 January 2001, n order o accommodat thneeds ofspacchome preciiation radarsoperating in the band 13:793—13.805 GHz,advantageshould be taken ofthe consultation process and te informationgiven in Recommendation ITU—R SA.1071." "" See Febmary 28, 2002 Letter fom Frederick R. Wentland, Acting Associate Administato, Offic of Spectrum Management, NTIA, t Don Abelson, Chict, Intemational Bureau, FCC. " w "m ** 1999 Amendmentat A—20. M

Federal Communications Commission ba os—2037 (io 140 — 145 Gitz 37. The Commission found that the EPFD,,limits adopted for the 12.75—13.25 GHz band were equally applicable to this 140—14.5 GHz band." These limits will protect GSO FSS satelites from NGSO FSS user terminal uplink operations. Since NGSO FSS gateway uplinks are subject to the same EPFD,, limits as NGSO FSS user terminal uplinks, steways, too, are permitted in he band. 38. SkyBridge proposes to use the 14.0—14.5 GHfrequency band for NGSO FSS service uplinks from user terminal earth stations ogateway earth stations. SkyBridge has provided the Commission with a demonstration that it will meet the appropriate EPFD., limits required by our rules." SkyBridee is authorized to operate service uplinks from either gsteway carth stations or end user terminal earth sttions in the 14.0—14.5 GHz frequency band. 39. NASA‘s TDRSS earth station faellities are located on Guam (atitde: 13° 36" 55" N, Tongitude:. 144° 5122E) and at White Sands, New Mexico (ltitide: 32° 20 59" N longitude: 106 36"31" Wand latiude: 32° 32) 40° N, longitude: 106° 36%48" W). These stations receive downlinked data at low elevation anglesfrom TDRSS geostationary satellites in the space research service allocation 14.0—14.2 GHtz. We note that these stations could receive interference from SkyBridge satellte network uplink gateway or end user terminal earth stations if located in the vieinity of these TDRSS earth station facilites. We also note that NASA plans to establish another TDRSS receive facility on the castconst of the United States within two to three years, with several mid—Atlantio region sites under consideration Because TDRSS is a highly valuable and visible United States asset, supporting critical national asses, including the International Space Sttion and NASA‘s Space Shutle, NTIA has requested cooperation from the Commission and non—Federal entitesin providing assistance in avoiding interference to TDRSS operations. NTA notes thatit desires that NGSO FSS earth stations in the 14.0—14.2 GHz frequency band not be located within line of sight of TDRSS earth station faeilties, or that discussions between SkyBridge and NASA be conducted to determine possible methods of protecting this limited number of TDRSS earth stations.. Accordingly, we will urge operators of earth stations accessing the SkoyBridee satellite system in the 14.0—14.2 GHe band to cooperate valuntaily with NASA, after contact is made with them by NASA, in order to faciltate continued operation ofthe TDRSS satllitenetwork. c Foreign Operations: 12.—12.75 GHz, 173417.8 GHz, 17.4—18.1 Gite 40. In the application it filed in 1997, SkyBridge sought authority to operate service links, inffustructure links,and tracking,telemety and command links in a frequency band stretching from 17.3 GHtz to 18.1 GHz."* In the 1997 Amendment, SkyBridge withdrew ts request to operate in the 17.8—18.1 GHz band, recognizing United Sttes government operations in tht segment* In 2000,the Commission "* Fist Report and Order, 16 ECC Red. at 4149 § 131, 4183 3231 "" 2002 Conforming Amendment ©. See March 9, 2008 Leter fom Frederick R. Wentland, Acting Associate Adiminstator, Offce of Spectrum Management, NTIA, o Don Abelson, Chict,Tatematonal Bureay, PCC. "* SkyBridge Application at75—76; 1999 Amendmentat A—19. 5 1997 Amendment at 3. In 2000, the Commissionalso deignated the 17,7—18.3 GHtz frequency band to temestial fired service on a primary use basi, noting the required coordination betieen nor—Government operations and Govemment opertions in the band. Redesigntionothe 17.7—19.7 Giz Frequency Band, Blanket Licensingof Satlite Earth Stations in the17.7—202 GHte and 27.5—30.0 GHe Frequency Bands, and the Allocaton of Additional Spectrum in the 173—17.8 GHte and 24752525 Gile Frequency Bands for Broadeast Stelie— Service Use, Report and Order,IB Docket No. 98—172, FCC 00.212, 15 FCC Red 13430, 13445 (2000) (I8 Gife Band Plan Order) 12

Federal Communications Commission pa os—2037 allocated the 17.3—17.7 GHz band to the broadeast satelite service on a primary basis effective Aprl 1 2007.° The Commission later found that NGSO FSS shoring in the band would be difficult, and therfore declined to allocate the 173—17.8 GHz band to the NGSO FSS."". Consequenty, SkyBridee‘s amended request for authority to operate in the 17.3—17.8 GHz band in TTU Region 2 is denied."" 41. SkyBridge requested authority to operate in additional frequency bands outside the United States. SkyBridge requested authorization to use the 12.7—12.75 GHz band (space—to—Farth) outside TTU Region 2, and to use the 173—17.8 GHz (Rarth—tospace) and 17.8—18.1 GHz (Earth—to—space) bands outside the United States:" We will authorize SkyBridge‘s operations in these additional bands outside the United States._ SkyBridge must coordinate with GSO FSS networks using sensitive receiving earth stations with very large antennas in the 12.7—12.75 GHz band (space—to—Earth) outside TTU Region 2." SkBridge must coordinate the use of the bands 173—17.8 GHe (Rartto—space) and 17.8—18.1 GHtz (Earth—to—space) outside Region 2 with other non—gcostationary—sstelite systems in the fixed—satelite service and shall not laim protection ffom nor use unseceptable interference to geostationary—satelite networks in the fixedesatellte service in these bands." . All earth stations communicating with the SkoyBridge system must comply with all lcensing regulations for eath sttions in the respective counties in which they are operating. 4. Tracking, Telemetry and Command 42. Under the Commission‘s rules, TT&C operations may be provided at the edges of the frequency bands in which the particular stelite will be providing service."" SkyBridge proposes to use 5 MHz within the 12.75—13.25 GHe and 13.75—14.5 GHtz uplink frequengy bands for command and 30 Mitz within the 10.7—12.7 MHz downlink frequency band for telemety." SkyBridge does not provide a summary ofhe center frequenciesfo its TT&C operations. 45. We will permit SkyBridge to defer its choice of TT&C frequencies until it has exccuted a binding contract for construction._ We requirethat SkyBridge file a modification application specifying the exact frequencies for TT&C functions for ts satelite system on, or prior to,the date by which it is required to execute a binding construction contract. We remind SkyBridge that,consistnt with 47 C.FR. § 25.202(@), the frequencies selested for TT&C functions must be atether or both edges of the allocated bands. "* 18 GHs Band Plan Order, 15 FCC Red at13476496 "" Rist Report and Orde, 16 FCC Red at 4198 158. "* Seed7 CER. § 2.104 (detiition ofTU Region2) "" Opentions in thisfrquency band requires coordination wth govermment space sition operations. 47 cir. 52106 usss+. "* See also 47 CER. §25.146(0. "* See Ratlo Regulation No. 5516 " arcrR q 252000). ". 1999 Amendmentat A—21 " Seedl CER § 2520200 13

Federal Communications Commission pa os—2037 5. Coverage Requirement 44. In the Ki—band NGSO FSS Service Rules Order,the Commission required that NGSO FSS systems in the Ku—band must be capable of providing service on a continuous basis throughout th fiy states, Puerto Rico, and the United States Virgin Islands. These systems must also be capable of serving Tocations as fir north as 70 degrees latitude and as far south as 55 degrees latitude for atleast 75 percent of every 24—hour perid." The SkyBridge constellation is designed to permit continuous, realtime coverage between 72 degreesnorth and 72 degreessouth latitudes"" The proposed constellation therefore meetsthe coverage requirement for the Ku—band NGSO FSS. 45. Based on the foregoing review of the required technical constmints and SkyBride‘s amended application for authority to operate, we find that SkyBridge‘s planned system meets the Commission‘s technical requirements. B.— License Conditions 1. Validation EPED Demonstration 46. In the First Report and Order,the Commission adopted technicalsharing crteri to allow the NGSO FSS and GSO FSS to operate on a co—primary basis in certain Ku—band frequencies, consistent with decisions taken at the 2000 World Radiocommunication Conference (WRC—2000). The adopted technical criteria consist of uplink and downlink limits on EPFD. As subsequently amended on reconsidenation in the Zhird Memorandim Opinion and Order," the Commission‘s rules require that cach NGSO FSS applicant demonstrate, rio to licensing, thatit meetsthe single—entry validation EPFD limits by using a software simulation developed in accordance with an ITU software specification. The Commission requires that applicants provide the results of the computer program in a cumulative probsbility distribation function of EPFDs...."" For the validation EPFD,, limits, the Commission‘s rules require a comparable cumalative probsbility distribation function ofEPFD.,"" 47. SkyBridge provided the required computer program, developed in accordance with the specifications stipulated in the TTU—R. Recommendation B0.1503,or S.1503, for the single—entry EPFD validation computation, including both the source code and the executable file"". SiyBridge provided the results ofthe computer program in a cumalative probabilty distribation function of EPFD.... and in a comparable cumulative probability distrbution function of EPFDy,!®‘_ Commission review of the submission finds SkBridge to be in compliance with 47 C.FR. § 25.146(a) of the Commission Rules. 48. SkBridge must annually certify that its system continues to operate within required EPFD limits/® Since Commission Rules paralel TTU—R. Recommendation B0.1503, any revisions to the TTU " KubandNGSO FSSService Rules Order, 17 ECC Red. at 78609 64 " 1999 Amendmentat A—14, A—17. "" mMos, 1s ECC Red. 2307 2003) ® ar oiR asism( 2003) " ar oiR52s sm@x0) 2003) ‘" 2002 Conforming Amentment "". 2002 Conforming Amendment and 1999 Amendmentat AppendizC = arore prs1400) 14

Federal Communications Commission ba 0s—2037 Recommendation or associated TTU—R publications, must be incorporated into the software program used to demonstrate SkyBridge‘s continued ability to mest all applicable EPFD limits._ A revision of MTU—R Recommendation 5.1503 was approved by ITU Study Group 4 in October 2004, ‘The TTU—BR is unsble to examine non:GSO FSS systems subject to the validation EPFD limits due the persistent lack of software to perform these validations. The United States will send a commitment to the Bureau that the SkBridge system complies with the EPFD limits provided these conditions are met.. Finally, the Commission may request,at any time, additional information concemming the EPFD levels and related technical showings." 2. Operational and Additional Operational EPFD..., Limits Demonstration 49. In the First Report and Order, the Commission adopted single—entty operational and additionaloperational EPFDs... imits in order t protect 3 and 10 meter GSO FSS earth station antennas from unacceptable interference.""" Operational emissions from NGSO FSS space stations cannot exceed the operational EPFDs... limits"" or the aditional operational EPFD.... limits"" at any point on the Earth‘s surface, NGSO FSS licensees must demonstrate that they meet these operational and additional operationallimits, at selected GSO earth station locations, prioto commencing commercial service."" No later that ninety days prior to its intation of service to the public, SkyBridge must submit to the Commission a comprehensive technical showing demonstrating that ts system is not expected to operate in excess of he operational EPFD,... imits and the additinal operational EPFD.... imits and coordinate with GSO FSS networks using sensitive receiving eath stations with very large antennas®" 3. Bond Requirement 50. In its First Space Station Reform Order, the Commission climinated. the. financial requirements then in place and repiaced them with a bond requirement. The bond requirementis intended to ensure that licensees are financialy able and commited to implementing their liensed systems in a timely manner. Under this requirement, any entity awarded a satelitelense must execute a performance bond, payable to the U.S. Treasury, within 30 days of the date of the lcense grant. The bond is payable upon failre to meet any of the implementation milestones included in every license, where adequate fustification for extending that milestone is not provided.. Licensees may reduce the amount ofhe bond owed upon meeting each milestone. In its First Order on Reconsideration and Fith Report and Order, the Commission reduced the bond amount required for NGSO systems to $5 milion."" ® arcrRy 2s.400). "*" Fist Report and Order, 16 ECC Red at 4134 490. ® ar oR qs20ug). ® ar crmges2080. !*" Fist Report and Order, 16 ECC Red at 4134 $96; see also, ThindMOO, 18 ECC Red at 2313 424. i 47 CBR §25.1460)and 25.14600. ‘" Amendment of the Commission‘s Space Station Licensing Rules and Poliies, Furst Order on Reconsidertion and Fih Report and Order, 19 FCC Red 12627 2004 15

Federal Communications Commission ba os—2057 51. Thus, SkyBridge must execute a $5 millon performance bond payable to the United States Treasury within 30 days of release ofthislcense as a condition ofis icense.""" Should it fail to do soits Hicense willbe null and void. 4. Milestone Schedule 52. Consistent with the Commission‘s decisions in the Ku—band NGSO RSS Service Rules Order®". and the First Space Station Reform Order!" SkyBridge must enter into a non—contingent satelte manufacturing contract forits system within 12 months of this authorization, complete criical design review within two years of suthorization, begin physical construction ofall satelites in the system within two and a half years of this authorization, and complete construction and launch ofthe first wo stellites in its system within three and a half years of grant. The entire SkyBridge system must be Imunched and operational within six years of this authorization. In addition, SkyBridge must file a certification with the Commission within ten days following each ofthe milestones dates specifid."" 5. International Coordination 53. We will follow the applicable advance—publication, coordination, due. dilience, and notifiation procedures setforth in the TTU Radio Regulations in coordinating SkyBridge‘s stelites with other affected administrations. No protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination procedures are timely completed or, withrespect to individual adminisrations, by successflly completing coordination agreements. In order to do so, we require that SkyBridge provide the Commission with the itemational coordination information specified in our rules."* SkBridge will be responsible fo all cost recovery fees associated with any TTU filings on bebalfof it system. 6. Orbital Debris Showings 54. As required by FCC rules,"" SkyBridge submited a showing conceming the design and operational strtegies it wll use to mitigate orbial debris."" SkyBridge also submitd, in response to a Satellite Division Public Notice,"" an amendment indicating that disposal of its satelites would be through atmospheric reentry, and analyzing the isk of casualty from such reentries..In response to an m arore g2s16s. ©" Kuband NGSO FSSServie Rules Order,17 FCC Red at 7864 475. "®* Amendment Of The Commission‘s Space Station Licensing Rules And Polices, FistReport and Order and Further Notee of Proposed Ratemaking in TB Docket No. 02—34,and Firs Report and Orde in 1B Docket No. 02—54, 18 FCC Red at 10760, 10827 9f 17575 (2003)(RisSpace Staion Agform Order}. !" Seed7 CER. §25.14609. * Seed7 CRR§25.11109. ® Seed7 CER §25.14600). ©* 2002 Conforming Amendment, FilNo. SAT—AMD—20020917—00167, t Exhibi C, pages 7.9. "" Orbial Debeis Mitigation: Clrifeation of47 CFR. Sections 25.43(), 25.145(c)G), 25. 460(4)and 25.217(@) Regarding Casualy Rik Assessmentfor Stelite Atmospheric Re—enty, Public Noric, Report No. SPB— 208, DA 04—1724 (released Jn 16, 2004)(Gasualy Risk PM 16

Federal Communications Commission baos—2037 inquiry from Commission staf,"" SkyBridge also provided additional information concering itsstation— keeping parameters,and th stategiesit wll use to identify and mitigate potentialolliion risks." 55. SkyBridge indicates that it willdispose of ts stelitesat end oflife through an uncontralled stmospheric re—entry. Its analysi indicatesthat alimited amount ofmateril will survive reentry, and that this material will present a casualty risk area"" of approximately 2.786 square meters.. Furthermore, SkyBridge observes that this figure is well below the 8 square meter figure used in some safety standards."". For the SkyBridge constellation, this would correspond to a casualty risk of approximately 2.0x10" (1 in 50,000) per satelite."". The United States Government‘s Standard Practices for debris mitigation specify that stmospheric reentry of a spacecraft should present risk of human casualty of no more than 1 in 10,000. Thus, the risk presented by reentry of a SkyBridge spacecraft is consistent with the guidelines applied to U.S. Government missions. 56. SkyBridge‘s application does not indicate in any detail the process that will be used to remove satelites from their operationalorbts at end of life, or the orbits to which such satellites would be moved. In the absence of more detailed information concemning the planned end of ife maneuvers,we are not in a position at this time to authorize such manewvers..Instead, we will condition SkyBridge‘s authorization upon it fling, six months prir to its CDR milestone, an application detailingand secking approval for end—oflife operations. Our action today is also conditioned on a requirement that SkyBridge‘s application demonstrate that ts end—oFlif operations will eave satelites in an orbit from which they will reenter the Earth‘s atmosphere within 25 years,"" and upon a requirement that it demonstrate that SkyBridge will obtain adequate insurance, listing the United States as an additional insured party, in connection with any reentry ofthe SkyBridge satelites* 7. Reporting Requirements 57. SkyBridge must follow the Part 25 rules reporting requirements for FSS systems, including an annual report describing the status osatellte construction and anticipated Iaunch dates, and a detailed description ofthe use made of each transponder on each of the in—orbit sateltes."" Beginning in the fist year following launch ofthe frst two space stations in is system, SkyBridge mustfile a report on June 30 October 1, 2004 Letter fom Thomas S. Tycz, Chief Satelite Divisio, to Jeffey Olon, Attomey for Siotridge, LLC. "* November 10, 2004 Leter from Jeffsy H. Olson and Diane C. Gaylor, Attomeys for SkoBridgs, LLC, to Marlene L. Dortch Seeretay, FCC (SkyBridge Orbital Debris Letn). !®* Fora discussion th method used in deriving casvaly risk area,see Casvaly Risk PN, atn. 2. "" NASA Safety Sundard 17404 "* This stimate is based upon population projectionsfor the year 2050,at lattudes coresponding to the ground tacks ofthe operational SyBridge satelites. "® See Orbital Communications Corp, Order and Authorization, DA 02:772, 17 BCC Red 6337 (2002) (conditoning approval ofan increase in th proposed orbial alitade oa lcensee‘s Litle LEO satlite constllaon on measures beingtakento reduce t orbital ifetime ofthe satelites to 25 yearsfollowing end—oFi.) ©* See Space System Licensee,etal, Memorandium Opinion, Order and Authorization, DA 02:307, 17 ECC Red at2271, 2290 448(lntBur, 2002). * See 47 CER. 5§ 25.1460), 252100 17

Federal Communications Commission ba os—2037 of each year, containing information current as of May 31 of that year..In addition, SkyBridge must certfy in its annual reports thatits system continues to operate within required EPFD limits* 8. Ephemeris Data Requirements 58. The Commission has noted that GSO FSS operators must have the information necessary to locate satelltes in each NGSO FSS constelltion at any given time.""_ The avoidance of incline interference events method for co—frequency sharing operations among NGSO FSS systems in the Ku— band likewise requires updated ephemerisdata. The Commission therefore adopted a requirement that NGSO FSS licensees publish their satelites‘ orbital clements in the North American Acrospace Defense Command 2—line element format on an Intermet web site maintained by the liensee.""" Once operational, SkyBridge must meetthis requirement, and its 2—line element data must be updated every three days. 9. Replacement Satelites and In—Orbit Spare Satellites 59. After its NGSO FSS system is flly operational, if SkyBridge develops a need to replace any space station in its system, it must certfy to the Commission, alastthiy days priorto the launch of any replacement, that the space station it intends to launch is technically identical to the space stations suthorized in this lcense."""In addition, SkyBridge must certfy that no replacement space station or in— orbit spare Iaunch will cause SkyBridge to exeeed the total number of operating space staions specified in this authorization."" IV. ORDERING CLAUSES 60. Accordingly, TT 18 ORDERED that, pursuant to Section 30%(@) ofthe Communications Act, as amended, 47 U.S.C. § 309(a), the application of SkyBridge LL.C. for launch and operating authority, TBFS File Nos. SAT—LOA—19970228—00021, SAT—AMD—19970703—00058, SAT—AMD—19980630—00056, SAT—AMD—19990108—00004, SAT—AMD—20020017—00167, and SAT—AMD—20040719—00135 18 GRANTED, and SkyBridge LL.C. IS AUTHORIZED to launch and operate a system of 80 non— gcostationary satelite orbit stelites in low—Earth orbit in the 12.75—13.25 GHz (Rarth—to—space) and 13.75—14.5 GHz (Earth—to—space) bands for its uplinks, and in the 10.7—12.7 GHz (space—to—Earth) band for downlinks, in accordance with the terms, conditions, and technical specifiations set forth in its amended application, so far as is permitted n this Order and Authorization. 61. TT IS FURTHER ORDERED that SkyBridge LLC. is granted 30 days from the date of the release ofthis Order and Authorization to decline this authorization as conditioned.. Failure to respond within that period willconstiute formal acceptance of the authorization as conditioned. 62. TT IS FURTHER ORDERED that the request of SkyBridge L.LC. for authority o operate in the 17.3—17.8 GHe band in TTU Region 2 18 DENIED. ® ancr® q25.480) "*" Ris Report and Order, 16 ECC Red at 4138 4 102. M Md; see47 CER § 25271(6 ® 47 CBR $ 25.1400m) mancen 5251460 is

Federal Communications Commission Da 0s—2037 63. IT IS FURTHER ORDERED that SkyBridge LLC. 18 AUTHORIZED to transmit in the 12.7—12.75 GHz (space—to—Rarth) band to earth stations outside Intemational Telecommunication Union Region 2,and to receive transmissions from such earth stations in the 17.3—17.8 GHe (Rarth—to—space) and 17.8—18.1 GHz (Earthto—space) bands outside Intemational Telecommunication Union Region 2, in sccordance with the tchnical specifications set forth in ts appliation and the pertinent provisions ofPart 25 of the Commission‘s rules, where permitted by other telecommunications administrations, and subject to the conditions that SkyBridge LLC. is obligated to comply with the applicable laws, regulations, rules, and licensing procedures for those countries it proposes to serve. 64. TT IS FURTHER ORDERED that when requesting intemational coordination ofproposed use offrequencies in the 12.7—12.75 GH band for downlinks to erth stations in foreign countres, SkyBridge LLC. shall certify in an affidavit filed with the Satelite Division of the Commission‘s International Bureau, that it has coordinated the proposed operation with other licensees with authority from this Commission for non—U.S—authorized geostationary or non—geostationary satellite operation in that band. When requesting intemational coordination of proposed use of frequencies in the 17.3—17.8 GHz and 17.8—18.1 GHe bands for links with earth stations in foreign countres, SkyBridge L.LC. shall certify that it has coordinated the proposed operation with other liensees with authority from the Commission for non—U.S—authorized geostationary satelite operation in that band. The filing shall include certifcation of serviceon th licensees with whom such coordination is required. 65. IT 1 FURTHER ORDERED that SkyBridge LLC. must coordinate its operations in the 17.8—18.1 GHe (Earthto—space) uplink band with United Stites govenment systems, including Government operations to earth stations in foreign countries,in accordance with footote US334 to the Table of Frequency Allocations, 47 CER. § 2.106, and in accordance with he 18 GHz Band Report and Order. Redesignationofthe 17.7—19.7 GH Frequency Band, Blanket Licensing ofSatelte Earth Stations in the 17,7—20.2 GHe and 27.5—30.0 GHz Frequeney Bands, and the Allocation of Additonal Spectrum in the 173—17.8 GHe and 24.75—25.25 GHz Frequency Bands for Broadeast Satelite—Service Use, Report and Order, 15 FOC Red 13430, 13473 (2000) (18GH Band Report and Order}. 66. TT 18 FURTHER ORDERED that in the band 10.7—12.75 GHz SkyBridge LLC. shall complete coordination with GSO FSS networks using sensitive receiving earth stations with very large anternas priorto it initation oservice to the public. 67. TT 18 FURTHER ORDERED that SkyBridge LL.C. must coordinate its operations in the bands 173—17.8 GHz (Eartto—space) and 17.8—18.1 GHz (Earth—to—space) outside Region 2 with other non—reostationary—satelite systems in the fixed—sateite service and shall not claim protection from nor eause unseceptable interference to geosttionary—satellite networks in the fixed—satellte service in these bands. 68. TT IS FURTHER ORDERED that in the band 10.7—11.7 GHz, SkyBridge satelites, prior to commencing operations, shall be coordinated with the radio astronomy observatories to achieve a mutually seceptable agreement regarding the protection of the radio telescope facilites isted in footote US35S to the table ofallocations, 47 CFR.§2.106. 69. TT JS FURTHER ORDERED that in the 13.75—14.0 GHz band, all erth stations in the United States and its Possessions are required to coordinate through NTIA‘s Interdepartment Radio Advisory Committee‘s Prequency Assignment Subcommittee,in accordance with foomote US337 to the table of allocations, 47 CER. §2.106. 70. TT IS FURTHER ORDERED that operation of the SkyBridge satelite network in the 13.75— 14.0 GHtz band shall be in accordance with foomotes US356 and US357 to 47 CER. § 2.106 in the United States and it Possessions, and with footnotes 5.502 and 5.503 to the ITU Radio Regulations outside ofthe United States and ts Possessions. 19

Federal Communications Commission pa os—2037 71. TT 18 FURTHER ORDERED that operators of earth stations accessing the SkyBridge satellites in the 13.75 — 14.0 GHz band are urged to cooperate voluntarily with NASA in order to fclltete continued aperation ofhe TRMM setelite. 72. TT 18 FURTHER ORDERED that in the 14.0—142 GHe band, SkyBridge is urged to cooperate volunterily with NASA, after contact is made with them by NASA, in order to faciltate the protection ofthe TDRSS earth stations. 73. TT IS FURTHER ORDERED that SkyBridge LL.C, in accordance with 47 CFR § 25.111(5), shall prepare the necessary information, as may be required, for submission to the TTU to initte and complete the advance publication, international coordination, due diligence, and notiication process of this satellite system, in accordance with the TTU Radio Regulations.. SkyBridge LLC. shall be held responsible forall cost recovery fees associated with these TTU filings.. We also note that no protection from interference caused by radio stitions authorized by other administrations is guaranteed unless coordination and notifiation procedures are. timely. completed: or, with 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 effectcoordination ofthe frequency assignments ofother adminisrations 74. TT IS FURTHER ORDERED that SkyBridge LL.C. must design ts satelte system to avoid incline interference events with any other non—peostaionary satelite orbitfixed satelite system operating in the Ku—band frequencies. An "inclineinterference event" is defined as the interference associated with an occurrence of any physical alignment of space stitions of two or more satelite networks with an operating earth station of one of these networks in such a way that the angular separation between operationallinks ofthe two networks is lessthan 10 degrees as measured at the earth station. If no agreed coordination exists between SkyBridge LLC. and one or more other satelite networks, then the bands will be divided among the affected satelite networks involved in an inline interference event in accordance with the following defoult procedure: (1) Each of n (number 0 satelite networks involved in a particula in— line interference event shall select1/n othe assigned spectrum available in each frequency band for ts home base spectrum. The selection order for each satelite network shall be determined by and be in accordance with the date that the first space station in each satellte network is Inunched and operating; (2) The affected space station(s) of the respective satelite networks shall only operate in the selected (Vn) spectzum associated with its satelite network, its home base spectrum, for the duration of the inline interference event; (3) All affected space station(s) may resume operations throughout the assigned frequency bands once the angular separation between the affected space stations in the indine interference event is again greater than 10 degrees. Any coordination procedure agreed among the affected operating satelite networks, which allows operations of the satelite networks when each network‘s respective space stations are within the 10 degrees avoidance angle associated with an in—line interference event, shall supersede the defuult procedure. Coordination may. be effected using 20

Federal Communications Commission ba os—2037 information relting to the space stations and the parameters ofone or more typical earth stations. All partes are required to coordinate in good faith. 75. IT 18 FURTHER ORDERED that this authorization shall become NULL and VOID with no further action requied on the Commission‘s par in the event that SkyBridge LL.C.‘ space stations are not constructed, launched and placed into operation in accordance with the technical parameters and terms and conditions of the suthorization by the fllowing dates: Mitestone Deadline Enter Non—contingent Satellite Manufacturing Contract July 18, 2006 Complete Critcal Design Review July 18, 2007 Begin Physical Construction of All Satelites January 18, 2008 Complete Construction and Launch First Two Satelites in January 18, 2009 System Certify Entie System Operational Junuary 18, 2011 SkyBridge LL.C. must file a performance bond with the Commission in the amount of $5 million, pursuant to the procedures set forth in Public Notice, DA 03—2602, 18 FCC Red 16283 (2003), within 30 days othe date ofthis grant, by August 17, 2005. 76. IT IS FURTHER ORDERED that SkBridge LLC. shall submit to the Commission an appliation for modification of this authorization, specifying the exact ffequencies for the TT&C ffinctions of ts satelite system, prior to July 18, 2006 77. TT IS FURTHER ORDERED that SkyBridgeLLC. shall submit to the Commission, prir to Junuary 18, 2007, an spplication for modification ofits authorization, detailing and secking approval for its end—ofife operations, and demonstrating . that ts end—oflife operations wl leave satellites in an orbit from which they will reenter the Earth‘s atmosphere within 25 years, and i) thatit will obtain adequate insurance, listing the United States as an additional insured party, in connection with atmospheric reentty of its satelites. TT 18 FURTHER ORDERED that SkyBridge LLC. is not suthorized to launch any space staion untl receives affimative approval of such application. 78. IT IS FURTHER ORDERED thatthe lcense term for the SkyBridge LLC. satelite system, Call Sign S2241, is fifeen years that will begin to run on the date that SkyBridge LLC. cetifiesto the Commission thatis nital space station has been successfully placed into orbit and thatthe operations of itssatelit fully conforms t the trms and conditions ofthis space station system authorization. 79. This Order and Authorization is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authoriy, 47 CFR.§ 0.261, and is effective upon release. FEDERAL COMMUNICATIONS CoMMISSION Aeoinalol) Donald Abelson Chief, International Bureau a


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Document Modified: 2005-07-18 15:54:20
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