Attachment ORDER

This document pretains to SAT-AMD-20030730-00151 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2003073000151_438637

Federal Communications Commission pa os747 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of File No.. SAT—LOA—19990427—00047 Lockheed Martin Corporation File No.. SAT—AMD—20030730—00151 File No.. SAT—AMD—20040130—00009 Application To Launch and Operate a File No.. SAT—AMD—20040203—00011 Geostationary Orbit Space Station in the File No.. SAT—AMD—20040706—00129 Radionavigation Satellite Service at 133° WL. File No.. SAT—AMD—20050210—00035 Call Sign: $2372 ORDER AND AUTHORIZATION Adopted: June 23, 2005 Released: June 23, 2005 By the Chief, Intemational Bureau: L. INTRODUCTION 1. In this Order, we grant authority to Lockheed Martin Corporation (Lookheed),to Iaunch and operate a Radionavigation Satelite Service (RNSS) space station‘ aboard separately Hicensed PanAmSat Corporation‘s (Panamsst) Galaxy—XV satellite (Call Sign $2387) to be located at 133° WL. Lockheed‘s proposed space staton is a part of its Regional Positioning System (RPS) Grant of this application will serve the public nterest by allowing Lockheed to provide valuable augmentation services to the existing US Global Positioning System. This grant willalso further serve the public interest by providing effective use ofth limited spectrum resource. t As used in this Order and Authorization, thterm "opace station"has th meaning given in th Itemational ‘Telccommunication Union (ITU) Radio Repultions, L: one or more tansmiters, oreccivers or a combintion of transmitersand receivrs necessay for carying on a rdiocommunieation service, an located on an object which is beyond, or i ntended to o beyond, th major portion ofhe Eath‘satmasphere. See T Radio Regulations S1.61 andS1.6¢. f ‘See Application of PanAmSatLicensee Corp. forAuthority to Lanch and Operite the Galaxy XV satlite at the 133° W.L. Orbitl Location, File No. SAT—LOA—19991207:00119 as amended by SAT—AMD—20021020— 00199, SAT—AMD—20030818—00156, SAT—AMD—20031103—00320 and SAT—AMD—20010603—00111 (stmp grant with conditons,issued by Robert Nelson, Chicf Engineering Branch, Satllte Division, PCC, August 11, 2004) (DA No. 04—2531) (PandmSat Galoxy XY authorizaton}. 4 Lockbeed has a number of other RNSS appliations pending before the Commission.. ‘This order only addresscs Lockheed‘s RPS space sution atthe 133° WL. orbital oeation. The other applcations will b addressed in fure orders.

Federal Communications Commission pa osi747 in BACKGROUND A. Procedural History 2. In April 1999, Lockheed filed applications with the Commission for authority to launch and operate a global RNSS system, known as the Lockheed Martin Regional Positioning System (°LM— RPS") with sateltes operatingatthe 79° W.L, 71° EL, 131.8° EL., 109° W.L., 129° W.L. and 11° EX.. orbitallocations.*: This system, as originally proposed, consisted of twelve geostationary satellites that would provide navigation services from six orbital locations. Lockheed‘s April 1999 Applications were placed on public notice on May 27, 199. On June 28, 1999, GE American Communication, Ic. (GE Americom), Globalstar, L.P. (Globalstar), and Motorola, Ic. (Motorola) filed comments.. Additionally, the Bocing Company (Boeing) filed a petition to deny and PanAmSat Corporation (Panamsat) filed a petition to deny, in part® Lockheed subsequentlyfiled a consolidated opposition to petition to deny and reply comments. Panamsat and Bocing both filed reply comments to Lockheed‘s consolidated opposition to pettion to deny.. For the reasons set forth below, we conclude thatas a result of actions taken by the Commission and Lockheed‘s subsequent amendments, the issues raised by the commenters are no longer valid 3. On July 30, 2003, Lockheed amended its appliations, to (1) modify the requested radio frequencies, (2) clarfy ts Tracking, Telemetry and Command (TT&C) functions, (3)delete the 11° EL. orbital location and (4) provide additional or revised technical information. Additionally, Lockheed modifiedits request for one of ts proposed orbital locations, changing it original request for the 129° W.L. orbital location to 125° W.L... Loclkheed‘s July 2003 Amendment was placed on Public Notice." Panamsat filed comments on Lockheed‘s request for the 125° W.L. orbital location and Lockheed filed reply comments.* 4 In January and Februsry 2004, Lockheed further amended its RPS application."" These ‘ See Loctheed Martin Corp., Application for Authoriy to Launch and Operate a Global System of Geostatonary Orbit Sateltes in the Radionavigation SatelteService,Fle No. SAT—LOA—19990427—00047, iled Aprl27,1999 (Lockbeed Origial April 1999 Applicaton). f See Public Notce, Report No.SAT—00018,released May 27, 1999. f In is 1999 Petiion to Deny in Part and Reply Comments, Panamsat raised arguments concering Lockheed‘s proposed use othe extended C band frequencies for ts TT&C operations. As a result of Lockbecd‘s subsequent amendments to it applicaton, we find that the arguments raised in Panamsat‘s peiion and reply commentare no longer valid and rendered moot F See Lockheed Martin Corp., Amendment to Application for Authoriy to Lounch and Operate a Global System of Geostationary Orbit Satlltes in the Radionavigaton Satelite Service, File No. SAT—AMD—20030730— 00151, ied Jaly 30, 20(Lockec July 2003 Amendment. * See Public Notice, Report No.SAT—00160, in reference to Lockheed‘s July 2003 Amendment, ile No. SAT—AMD—20030730—00151, relased August 18, 2003. * See Comments of PanAmSat Corporation, (filed September 17, 2003), See also Reply Comments of Lockbeed Marin Corporation, (Rled October 1, 2003). Lockheod‘s subsequent January 2004 and February 2004 amendments rendered Panamasat‘s concems moot. * See Lockheed Mertin Corp., Amendment to Application for Authority to Lounch and Operate a Global System of Geostationary Orbi Sutelites in the Radionaigation Satelte Service, ile No. SAT—AMD—20040130— 00009, filed January 30, 2004, (Lockheed January 2004 Amendment. Subsequently, Lockhecdfrther amended ts application on February3, 2004. See also Locteed Martin Corp. Amendment Application for Authoritto Lounch and Operate a GlobalSystem of Geostaionary Orbit Stelites in the Radionavigation Satellte Service, File No: SAT—AMD:20040203—00011, fled Febeuary 3, 2004 (Lockheed February 2004 Amendment). Lockheed Febmary 2004 Amendment,basicall eplaced n is entirty,Lockbeed‘sprevious January 2004 Application. 2

Federal Communications Commission DA 0—1747 amendments were placed on Public Notice" and no comments were filed. With these amendments, Lockheed secks authority to construct, launch and operate a RNSS payload, located onboard Panamsat‘s Galaxy—XV satelite. Panament is currently Hcensed by the Commission to operate its Galaxy XV satete in the C:band at 133° W.L." Lockheed further amended its application in July 2004," and in February 2005, in order to provide additional information requested by the Commission* 5. Lockheed indicates that its proposed space station at the 133° W.L. orbital location (referred to as LM—RPS1), will operate in conjunction with and in full compatibility with the United States Global Positioning System (GPS) system, as part of the Federal Aviation Administration (FAA) Wide Area Augmentation System (WAAS), to provide more accurate navigation information with high integrty, in particular for the aviation community." The FAA WAAS system will provide GPS sugmentation messages to two of Lockheeds uplink Earth stations, to be located within the U.S."" These two uplink Earth stations will uplink the augmentation messages to the LM—RPSI space station using the extended C:band."" The received sugmentation messages willthen be broadcast in the downlink in the L~ band!" to receive—earth stations. These augmentation messages contain error correction information that provides for differential correction of the GPS receive signals, resultng in more accurate GPS navigation information. This enhanced information will be used to improve aireraft navigation, automated farming, mining operations and other applications that rely on precise position and navigation information."" B. Frequency Requests 6. In its original application filed in April 1999, Lockheed requested 21.8 megaherte of * ‘See Publi Notice, Report NoSAT—00202, in reference to Lockhecd‘sJanuary 2004 and Fchnary 2004 Amendments, Fil Nos.SAT—AMD2004013000009 and SAT—AMD—20040203—00011, eleased . March 19, 200¢. * See PandmSat Galozy XY cuthorization.. We note that PanAmSat is currenly lcensed to operat in the comvertional C:—band, ot the extended C:band. C See Lockheed Martin Corp Amendment to Application for Authority to Lauch and Operate a Global System of Geostarinary Orbit Sutelits in the Radlonavigation Satlite Service, File No. SAT—AMD—20040706— 00129, filed July 6, 2004 (Lockheed July 2004 Confoeming Amendment). Lockhed filedthis amendment in order 1o conform its techncal specification fr the LM—RPS! sace sation with Panamsat‘s Galaxy XV satelite. * See Lockheed Martin Corp, Anendment to dpplication for Authoriy to Launch and Operate a Global System of Geostationary Orbit Stelites in the Rationasigation Satalite Sevice, Fil No. SAT—AMD—20050210— 00035,ied Febmwary 10, 2005 (Lockbeed February 2005 Iterference Analysis Amendment. In response toa letr sent bythe FCC‘s Satellte Divisin, Lockheed amended is aplication to include an iterfrence analyss, pursuant to Section 25.140((2) ofthe Commission‘s rles. We note here thatin requestng this information, we did not dismiss Lockbeed‘s applicationas ncomplete, because Lockheed‘s applcation and relevant amendments were Aled prio to our June 16° Public Notice clrifying the requirements of Section 25.1400)2)._ See Public Notee, International Bureau Satelite Division Information: Clirification of 47 CBR. § 23.140(D(2)Space Suation Avelicaion Interference Analysis, No. SPB—195, 18 FCC Red 25099 (2003) as claified by Interntioal Burcau Satlite DivsionInformation: Claifiation of47 CFR. § 25.1400)(2), Space Suation Inerference Analysis, Pubilc Notce, SPD—207, DA 04—1708(rl. June 16, 2004) uze 16° 2004 Publc Notice. 8 See Lockheed Febrary 2004 Amendmentatp. 11. * Map. 12 * For purposes of this Ordr, th term "extended C:band"refesto the 6425—6725 Mz frequency band. * For purposes of this Order, th tem "Lband" rfers tothe 1999—1610 MHz (L1 frequency band) and the 960—1215 Mz (LS frequency band). . See LockhecdFebmiary 2004 Amendmentatp. 12 3

Federal Communications Commission DA 05—1747 spectrum within the 6625—6725 MHz frequency band for uplink control," command and tracking functions and 124 megaherts of spectrum within the 3600—3700 MHz frequency band for downlink telemety and tracking functions. Lockheed also requested authority to operate in the 1554,92—1595.92 Mite, 1207.1—1248.1 Mitz, 1155.95—1196.95 MHz frequeney bands for is service downlinks"" 7. In July 2003, Lockheed amended its applications by reducing the amount of spectrum it had originally requested for its service downlinks. Specifically, Lockheed reduced the requested spectrum from it originalrequest ofthe 1554.92—1595.92 MH frequency band, to the 1565.17—1585.67 Mitz frequency band. It also reduces the requested spectrum from its original request of the 1155.95— 1196.95 MHz frequency band, to the 1166.20—1186.70 MHz frequency band.. Addiionally,it withdrew itsrequestfor the 1207.1—1248.1 Mz frequency band." 8. In February 2004, Lockheed further amended its application to request the 6620.02— 6649.52 Mz and 6680.17—6700.67 MHz frequency bands for data uplinks, Additionally, in its application Lockheed provided information conceming the TT&C frequencies at 6424—6425 Mitz, 4197.475—4198,125 MHz and 4199,750—4200 MHz, that Panamsat requested in its application for authorization of its GalaxyXV satelte."" Lockheed confirmed that Panamsat would be performing the TT&C functions for the maneuvering and maintenance of the Galaxy XV spscecraft.. In addition, Lockheed requested a waiver of Section 25.116()X1) ofhe Commission‘s rules, and a waiver ofthe bond requirement contained in Section 25.165 ofthe Commission‘s rules. i. pisCUssION A. Processing Procedure 9. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite thsatelite lcensing process.* The Commission indicated it would "apply the rules and procedures we adopt in this Order to pending applications, in cases where doing so will help further the gosls o this proceeding to expedite service o the public and discourage speculation."" 10. Specifically, the Commission can apply the new procedures to pending applications if "doing so does not impair te rights an applicant possessed when t fled ts application, increase an applicant‘s lability for past conduct, or impose new duties on applicants with respect to transactions already completed.""* In reviewing Lockheed‘s original 1999 applications and subsequent amendments, we find that processing Lockkheed‘sapplications under our new rules will not impair th rights of Lockheed when it fled its original application, oimpose any new duty on Lockheed, o increase any Hiabilty for is past conduct. 11. Therefore, we must determine the appropriate processing ofLockheed‘s RNSS ® Lockheed proposes o use these control uplins to uplink augmeniation messages. S Lockeed Original Aprl 1999 Application atp. 23. #" See Lockheed Origial April 1999 Applicationat pp. 33—34, Table 4.1—1. "*=— See Lockheed Febrary 2004 Amendiment, Revied Table.1+1 * ut * See Amendment ofthe Commission‘s Space Suition Licensing Rulesand Poliis, Arst Report and Order and Further Notice ofProposed Rulenaking, TB Docket No. 0234, 18 FCC Red 10760, 10776—77 (para.?) (2003) (PstSpace Station Reform Order. 9 See First Space Staion Reform Order, 18 FOC Red t 10820 (par 275) ® Ad at 10820 (pae.270).

Federal Communications Commission pa ost747 applications. In revising the satelite Hcensing rules, the Commission adapted two different lcensing frameworks —a modified processing round spproach for non—geostationary satelite orbit (NGSO}—like systems, and a "first—come,firstserved" procedure for geostationary satelite orbit (GSO)—like systems."" "The Commission defined GSO—like satllte systems as GSO satelites designed to operate with directional anternas,"" Examplesof the GSO—like satelte systems are those which use carth stations with antennas with directivty towards the sateltes,such as FSS, and MSS feeder links which use GSO satellites." The Commission defined NGSO—like satelte systems as NGSO satelte constellations, and GSO satelites communicating with earth stations with omni—directional antennas." The Commission also noted that NGSO—like satelite systems, unlike GSO—like satelite systems, generally cannot operate on the same spectrum without causing unaeceptable interference to each other."" Accordingly, the Commission concluded that a band segmentation approach would be preferable for such applications because it would faciltte additonal market entry. * 12. Inits original1999 application and subsequent amendments, Lockheed requested authority to utlize frequencies in the L—band and C—band spectrum for ts proposed radio—navigation satellite service. Lookheed requested FSS spectrum for ts feeder uplinks. In the First Space Station Reform Order, the Commission adopted a firs—come, firt—served procedure forapplications for feeder links to GSO spaceczafts." Therefore, we conclude that this portion of Lockheed s application willbe considered a GSO—like satellte application and will be processed under the firs—come, firs.served rules. 13. Lockheed also requested authorityto operate in the L1 and LS frequency bands for its servicedownlinks. Since Lockheed‘s proposed L—band earth station antennas would be omni—directional, this L—band portion of Lockheed‘s request does not meetthe requirement of"directionality" necessary for treatment as a GSO—like sateliteapplication."" However,for the reasons set forth below, we find that the circumstances here warrant a waiver of our rules on our own motion. 14. The Commission‘s rules may be waived when good cause is demonstrated."" The Commission may exercise is disretionto waive a rule where the particular facts make strict compliance inconsistent with the public interest" In doing so,the Commission may take into account considerations of hardship, equity, or more effective implementation ooverall policy on an individual basis."" Waiver ofthe Commission‘srules is therefore appropriate only i special circumstances warranta deviation from the general rule, and such a deviation will serve the public nterest." # 14at10773 (pan.21. " arorR 52s1580) 7 47 CR §25.158@); ArsSpace Station Licensing Reform Order, 18 BCC Red at10773 (par.21). * First Space Station Licensing Reform Order,18 FCC Red at10773 fpra. 21) *‘ See First Space Staon Licensing Reform Order, 18 ECC Red at 10773 (pora. 21) "" See FirstSpace Staon Licensing Reform Order, 18 ECC Red at 10773 (par, 22) 3 See First Space Staion Reform Order, 18 ECC Red at10810—1081 1 (paas. 125—130) * See 47 CER. § 25.158(a). See also Pis Space Staion Reform Order, 18 ECC Red at10773 (paa.21) . See 47 CER. § 1.3; see also WAITRadiov. PCC, 418 F2d 1183, 1159 (D.C. Cr.1969),cer. denied, 409 Us. 1027 (1972) (WaIT Rado), * See Northeast Celllar Tlephone Co,v. FCC, 97 F.24 1164, 1166 (WortheastCeldar). 3 iSee WAIT Radio,418 F.2dat159; Norteast Celter,897 F.2d at 166. s 14 at150,

Federal Communications Commission ba os1747 15. In the First Space Station Reform Order, the Commission indicated its concem that,in the absence of a modified processing round approsch, single NGSOlike applicant could use so much of the orbitspectrum resource that additional market enry would be prevented. Therefore, the Commission retained a processing round approach, and indicated t would segment the available spectum between applicants.".In thi case, however,the U.S. GPS system is currently operating in the same frequencies that Lockheed i requesting for ts LM—RPSI downlink operations, Therefore, any other operations in this band must operate in conjunction with and be fully compatible with the U.S. GPS system:" Lockheed‘s planned operations are fully compatible with he U.S. GPS system, and would be compatible with future satellite systems in these frequency bands that arealso compatible with the U.S. GPS system. Therefore, we find that potential future RNSS Hicensces in the L~1 and LS frequency bands, who mustalso be compatible withthe U.S. GPS system, would not be prevented from using this spectrum. Moreover, these existing arangements, including the TTU Resolution 609 and the presence of the U.S. GPS system in the band, constrain our sbility to engage in band segmentation. Given these circumstances, we conclude that this portion ofLockheed‘s application,as amended, warrants GSO—like treatment. Therefore,we find good cause to waive the "directionality"requirement of Section 25.158 ofthe Commission‘s ules"" and consider this portion of Lockheed‘s LM—RPS1 applieation under he frst—come,firs—served licensing procedure." 16. Pursuant to Section 25.158()3),° a GSO—like satellite Hicense application will be granted only if the applicant meets the standards set forth in Section 25.156(a), and the proposed satllte will not cause harmful interference to a previously censed satelite. Pursuant to Section 25.156(),"the Commission will grant GSO—like applications if the Commission finds that the applicant is Tegally, technically and otherwise qualified, thatthe proposed faciities and operations comply with all applicable rules, regulation, and policies, and that grant of the application will serve the public interest, convenience and necessity."" Accordingly we review Lockheed‘s application to determine whether Lockheed is legally and technically qualified to hold a satelitelcense.. For reasons discussed below, we find that Lockheed is legally and technically qualifed. B. Legal Qualification 17. In considering an application to launch and operate a new satellte system, we must determine whether a grant will serve the public interest.. In making this determination, we consider whether the applicant is legally, technically and otherwise qualiied to operate the satelite, Since Lockheed‘s legal qualifcations are a matter of record with the Commission, we find that Lockheed is leglly qualified to hold a satllteliense, * See FirstSpace Staton Reform Order, 18 ECC Red at 10773—74 (pans, 21—22). # We recognize that the U.S. GPS syatem provides service of national importance o the US. Govermment, includingthe miliny, businesse, and civlians. Therefre, it is criical in leensing operations in these fequencies to ensur that potental censees donot cause harmfulinerferenceto operations oft U.S. GPS system. 9 see 47 CER. 55 2515625.157. € ‘We also note thatthe transmissions involved in thiscas are compatble with each otherin part because the iransmisions are downlink only. Our decison herethrefore may not be reevant to systems in which mabile carth terminals transmit and receive omni—directonaly, in tht such systems are generally not compatile with other systems in the same band. # See47 CBR $ 23.15800). * sedfCRRq25156@).

Federal Communications Commission ba 051747 1. Request for Walver of Section 25.1160b)(1) 18. Inits February 2004 Amendments, Lockheed modifid its requested orbital location from 125° W.L. to 133° W.L.. Under Section 25.116(b)(1) of the Commission‘s rules, a change in orbital location pursued via an amendment is deemed to be a "major amendment" and is subject to public notice.®. Loclkheed requested a waiver ofthis rule." However, after reviewing the amendment, we not find that Lockheed‘s arguments suffiently jusified a waiver of the rule."" Therefore, Lockheed‘s requestto waive Section 25.116(bX1) is denied. 2. Hosted Payload Arrangement 19. LM RPS 1 will operate as a payload on the Galaxy XV satelite.. Such arrangements, although inffequently used, are not without precedent: This arrangement was addressed in connection with authorization of he Galaxy XV spacecraft" In that authorization we required Panamsatto maintain contol over TT&C operations in connection with any operations of the satelite, including any operations using the frequencies for which Lockheed secks authorization. ‘That required control includes the ability to discontinue or alter any such operations. Lockheed, however, remains responsible as a liensee for ensuring compliance with the terms and conditions of this lcense, including compliance with milestone and bond requirements, operating conditions, and Commission rules. C. Technical Qualiications 1. Feeder Uplinks 20. Lockheed proposes to uplink sugmentation messages t the LM—RPS! space station using the extended C—band from two uplink earth stations within the U.S. Specifically, Lookheed secks authority to aperate in the 6629.02—6649.52 MHz and 6680.17—6700.67 MH frequency bands:®. These frequenciesare allocated to the Fixed Servie (FS) and Fixed Satelite Service (FSS) (Earth—to—space) on a primary basis and subject to footnotes 5.458 and S.458A."" Below, we address these footnotes and other issues for hese frequency bands. (a) Protection ofPassive Services in the 6425—7025 MHtzfrequency band 21. Foomote 5458 indicates tht, in the 6425—7075 MH frequency band, passive sensors * Seed7 CFR § 25.1160900, # See LockbeedFebniary 2004 Amendment at p.15—17. f See 47 CR § 25.116(b)4) "An amendment will be deemed a major amendment under the follwi (4)Ifthe amendment, or cumalative effct ofthe amendment, is dtermined by the Commisson therviseto be aubstantal pursuant to section 309 of the Communications Act" See alsoPublic Notice Report No. SAT—00202(released March 19, 2004 We note here that i th Aist Space Staton Agform Orderthe Commission adepted a proposal to treat majr amendments to GSO—lik stelite Hcense applcations as newly filed application and this a major amendimentto a Heemse application would cause the Heense application to be moved t th end of the queve. See 18 FCC Red at 19821 (pare, 136—140)._ We also note thatsince Lockheed‘s Febmiary 2004 Amendment was deemed a majoramendiment, Lockheed‘s cense application was moved to the end ofthe quene, dated thedatethe Febrizry 2004 Amendment was filed. * See, eg, GTE Spacenet Corporition/Geostar Corporation, 2 FOC Red 5312 (1987) (RDSS payload abourd PSS saelite). # See PandnSat Galeay XV authorizaiont1: * See Lockheed Febmary 2004 Amendment, Revised TableA.1—1. * See 47 CFR §2.106 foomote S458 and fooote S458A. 7

Federal Communications Commission ba 051747 messurements are carried out over the ocean and that administrations should bear in mind the needs ofthe Earth exploration—sstelite (passive) and space research (passive) services in their future planning of the bands 6425—7025 MHz® Lockheed states that it will comply with all applicable domestic and international requirements in coordination of ts system." Therefore, we remind Lockheed to bear in ind the needs of these services when designing and operating its LM—RPS1 system. 22. In 1999 GE Americom filed comments to Lockheed‘s RNSS application." These comments were limited to Loakheed‘s proposed use of the extended C—band frequencies, specifically Lockheed‘s request for 21.8 MHz of spectrum in the 6625—6725 MHz frequency band and for 12.4 Mz of spectrum in the 3600—3700 MHz for TT&C operations." In its comments, GE Americom raised concernsthat Lockheed‘s request of extended C:band spectrum would add considerable pressure to the existing demand for use of the extended C band for TT&C for Ka and V—band GSOMRSS systems. Therefore,in its 1999 comments, GE Americom requested the Commission to defer action on Lockheed‘s proposed use ofthe extended C—band untilthe Commission resolved the needs of GSO/ESS licensees." \We find that asa result ofsubsequent Commission proceedings and Lockheeds subsequent amendments, the issues GE Americom raised in its comments are no longer valid and are dismissed as moot.. In reference to GE Americom‘s comments regarding Lockheed‘s proposed use of the extended C—band frequencies in the 3600—3700 MH frequeney band, we note that Lockheed amended its application subsequent to GE Americom‘s flings and in its amendments stated that it no longer intended to seek these frequencies."" Additionally, with respect tothe 6625—6725 Mz frequency band, we see no reason to depart from our policy ofrequiring FSS satelltesto operate TT&C operations in th frequency bands in which theirprimary FSS operations oecur." Therefore,we find the arguments raised by GE Americom are not valid (5) Protection ofRadio astronony service. 23. Foomote 5458A of the U.S. Table of Allocations indicates that space stations of the fixed—sateliteservice in the adjacent 6700—7025 MHz frequency band should take all practicable steps to protect spectral line observations of the radio astronomy service in the 6650—6675.52 MHz frequency band from harmfil interference from unwanted emissions." We note that portions of Lockheed‘s proposed feeder uplink operations, specifially, the 6700—6700.67 Mz frequency band fall within the band specifie in this footmote. Lockheed stated in its February 2004 amendment that it will comply with all applicable domestic and intemational requirements in coordinating its system." Therefore, we will require Lockheed to take all procticable steps to avoid causing harmful interference to the Radio astronomy service in the 6650—0675.52 MHz frequency band from unwanted emissions resuling from its use ofthe 6700—6700.67 Mz frequency band. (c) Sharing arrangement between Lockheed‘s feeder uplink operations and terrestrial fied systems in the 6325—6725 Mzfrequency band. * See 47 CE R.§2.106 foomote 5458. # See Lockheed Febniary 2004 Amendiment, Appendix J t 1. * See GE American CommunicationsInc.(iled June 28,1999). (GE Americom Comments) * 1 * 14 arp2. # See Lockheed Febriary 2004 amendment, .6 and Revised Table 4.1—1. w Seed7 CER 252000). * See 47 CFR.§2.106 foomote $458A. * se Lockiheed Febmiary 2004 Amendment, Appendiat 1. 8

Federal Communications Commission ba osi7 24. The 6525—6725 MHz frequency band is allocated to FSS and the Fixed Service (FS)both on a primary basis: Section 25.203(a) ofthe Commission‘s rules requires that sites and frequencies for carth stations operating in frequency bands shared with equalrights between terrestral and space services shall be selected, to the extent practicable, in areas where surrounding terrain and existing frequency usage soasto minimize the possiblity ofharmful interference between the sharing services." 25. Section 25203(c)of the Commission‘s rules also requires that prior to fling its application, an earth station applicant shall coordinate the proposed frequency usage with existing terrestrial users and with applicants for terestral station authorizations." Lockheed maintained in its February 2004 amendment thatit will comply with all applicable domestic and intemational requirements in the coordination of ts system"* Therefore, we will require Lockheed to coordinate its two feeder uplink earth station operations with all existing terrestral users and all applicants for terrestial station authorizations. 2. Radionavigation Satelite Service Downlinks 26. Lockheed requested authority to operate its service downlinks in the 116620—1186.70 Mite (GPS—L5) and the 1565.17—1585.67 M(GPS—L1) frequency bands. These frequency bands are allocated to both the Aeronsutical Radionavigation service and the Radio Navigation Satellite (space—to— Earth) service, on a primary basis. However, the 1166.20—1186.70 MHz (GPS—LS) frequency band is subject to foomote US3RS® and Resolution 609 (WRC—03)." Below, we address this foomote, Resolution 609 (WRC—03), and protection of Global Positioning System (GPS). (a) Protection ofderonautical Radionavigation Service in t1164—1215 Mzfrequency band. 27. Within the United States, Footnote US385 of the U.S. Table of Frequeney Allocations requires that radionavigation satelte services operating in the 1164—1215 MHz frequency band shall not cxuse harmful interference to, nor claim protection from, stations of the aeronsutical radionavigation service."Therefore, we will require Lockheed not to cause harmfulinterference to, nor claim protection from,stations operating in the acronautical radionavigation service. 28. Internationally, the 1164—1215 MHz frequency band is allocated to both the radio navigation satelite service (RNSS) and the aeronsutical radionavigation service (ARNS), on a primary basis, subjectto TTU—R Resolution 609 (WRC:—03). TTU—R Resolution 609 (WRC:—03) requires that the equivalent power flux density (epfd) produced by all RNSS space stations operating in the 1164—1215 MHz frequency band, shall not exceed the agaregate epfd level of—121.5 dB(W/m®) in any 1 Mz band for all angles of elevation. The resolution further states that in order to achieve this objective, administrations operating or planning to operate RNSS systems shall agree cooperatively, through * See 47 CR §2.106, US. Table ofFrequency Allocations # See 47 CER. § 25 2000). Seear Cr® 525200 ‘See Lockheed Febmwary 2004 Amendment Appendix J at 1. See 47 CER.§2.106, US Table ofFrequency Allocations, Footote US385. ‘See TTU—R Radio Regulation, Resoution 609 (WRC—12) ® See 47 CFR.§2.106, US Table of Frequency Allocations,Footmote US35 o

Federal Communications Commission ba 051747 consulttion meetings, to equitable shared aggregate epfd." 29 In the Report of the Second Resolution 609 (WRC—03) Consultation Mecting, it was concluded that, to date,all systems operating or planning to operate in the 1164—1215 MHz frequency band,including the LM—RPS1 space station, ollectively have not exceeded the —121.5 dB(Wim) in any 1 MHz bandwidth® Lockheed stated in its February 2004 Amendment, that it will comply with all applicable domestic and intemational requirements required for coordination of its system, as well as comply fully,to te extent applicable, with the consultion requirements of Resolution 609 (WRC—03)." Therefore, as part of its coordination requirements under TTU—R Resolution 609, we will require Lockheed to continue to participate in these consulltion meetings and coordinate with other RNSS operaters. Additionally, we will require Loclkheed to report the results ofthese consultation meetings to the Commission within tirty days afer the conclusion of the meetings. (6) Protection ofUS. Global Positioning System (GPS) 30.___ We note that the U.S. GPS system uses the samefrequencies that Lockheed is requesting for its LM—RPS1 space station downlinks. Specifically, these frequencies include the 1166.20—1186.70 Mitz (GPS—LS) and the 1565.17—1585.67 MHz (GPS—L1) frequency bands. We recognize that the US. GPS system provides service of national importance to U.S. Government, including the miitary, businesses and civilians, Therefore, we find thatitis critial that Lockheed‘s space station operations do not cause harmfilinterference to the operations of the U.S. GPS system..In its application, Lockheed assured the Commission that it would not cause harmful interference to the U.S. GPS system. Specifically, Lockheed maintained that ts LM—RPST space station will operate in conjunction with and in full compatiblity with the U.S. GPS system.". Lockheed further assured that it will utlize similar signal structure and architecture to the U.S. GPS system (Le. Code Division Muiple Access (CDMA})in order to achieve maximum compatibiliy. Previously, the Commission has acknowledged that systems using CDMA architecture may be able to shire the same spectrum, through coordination, without causing harmfulinterference to each other." 31. Therefore, upon review, we find that Lockheed LM—RPS1 space station operations will be compatible with and therefore will be able to share the L—band spectrum with the U.S. GPS system without causing harmfil interference." Nevertheless,we will require Lockheed to coordinate with the operator(s) ofthe U.S. GPS system in order to ensure maximum compatiblity and to avoid causing any harmfulinterference tothe U.S. GPS system from it operations. In the event of any interference, either from complaints received or its own observation, we will require Lockheed to immediately cease all operations and remedy the interference. Lockheed will alsobe required to inform the Commission within three days of such occurrence(s) explainingthe specific measures aken to mitigate th interference. it ‘We notethat to ate, therehave been two such consilation meetings and Lockheed has partcipted in both ofthese mestings fo ts RNSS system operting in the 1164—1215 Miz band on betulf ofthe U.S. administation. C See Lettr regarding Report of the Second Resolation 609 (WRC) Consultation Mecting to Directo, Radiocommunication Bureau, TPU, from Katiryn O‘Brien, Chief, Stategic Analysis and Negotations Division, ECC (dated June 8, 2006)(B00CJSEB209)(Report ofthe Second Resolition 609 Consultzion Mecting). The "Thirt Resolution 609 (WRCConsalation Meeting is schediled for June 2005. * See Lockheed Febroary 2004 Amendment Appendix J at 1. 4 See Lockheed Fobruary 2004 Amendmentatp. 11. * See Big LEO Report and Order 9 EC Red 5936 (pam. 26, A* See Report ofthe Second Resohtion 609 Consutation Meeting at pp.34 10

Federal Communications Commission pa osirer (c) Comments and Petiion to Deny 32.,, In response to Lockheed‘s original 1999 applications, Globalstar and Motorola filed comments.* Additionally, Bocing filed a ptition to deny." "The consems raised in these comments have been rendered moot or no longer valid by amendments to Lockheed‘s applications and/or subsequent events 4. Telemetry, Tracking and Command (TT&C) Functions 33. In its February 2004 amendment, Lockheed indicated thatitis not secking authority to operate TT&C frequencies and stated that Panamsat will perform the TT&C functions for the tracking and maneuvering of the spececraft under contract with Lockheed.. Therefore, we are not granting Lockheed any TT&C spectrum or authority.. All TP&C transmissions shall be conducted by Panamsat pursuant to its license. 5. Two—DegreeSpacing 34. ‘The Commission‘s Hicensing policy for GSO satelites is predicated upon two—degree orbital spacing between satelites."" This policy permits the maximum use of the geostationary—satelte orbit. On June 16, 2004, the Commission issued a Public Notice in which the Commission provided clariication of Section 25.140(b)(2) of the Commission‘s Rules, conceming space station application interference analysis requirements.".In the Public Notice, the Commission expressly stated that Section 25.140(b)(2) of the Commission‘s Rules applies to "{alny geostationary satelite orbit space station application for operation in any FSS frequency band." Since Lockheed requested FSS allocated spectrum for its feeder uplinks, we found that thisrequests rendered this rule applicable to Lockheed‘s LMRPS1 application.. On January 26, 2005, the Commission requested that Lockheed provide the Commission * ie Comments ofGlobalstar LP(Ried June 28, 1999). See also Comments of Motorla, Inc. (Rled Je 28, 1999) * ie Bosing Pettion to Deny (Rled Jun 29,1999). Seealso Bocing Reply Comments(Aled July 30, 1999). * In 1999, Globalsar filed comments expressingconcem over Lockheed‘s possible use of e GLONASS (GN—Lt and GN—L2) frequency bands in orde to provide augmentation to the Russian GLONASS system. See Comments of Globalsar LP at p. 2. Lockheed amended its appliation in February 2004 to remove these frequencies in spectrum request.See Lockheed Febriary 2004 Amendment, Table 1.1—1 (Requested Frequeney Bands for the 133° W.L. OrbialLocation). Therefore, th iss rised by Globalstar are moot In 1999,Motoroa filed comments raising concems regarding possble out—oFband interfrence from the Lockheed system. See Comments of Motarola, In. t p. 1. These concerms were addressed by subsequent amendments to Commission‘s rales. See Amendment of Pat 2 and 25, Second Report and Order, 18 FCC Red 24423, 24820 (pana, 94—99) (2003). See also 47 CFR § 25216. Bocing‘s concem with the amount of spectrum Lockheed requested and possble inerference issus have beenrendered moot by a subsequent amendment to Lockhced‘s application (See Lockheed Febeuary 2004 Amendment, Revised Table 4.1—1) and by the disnissal of Bocing‘s applcation for suthoriy to launch and operate non—geostaionary—orbitstelits to provide Navigation Augmentation Service in the 156542—158542 Mitz band (spaceto—Rart)...See Application of the Bocing Company for Modification of Authority For Use of the 1990—20252163—2200 Miiz and Assocated Frequency Bands for a MobileSatellte System and For Authoriy to Launch and Operate a Nor—Geosynchronous Medium Earth Orbit Satelite System in the 2 itz Band MobileSatelte Service and in the Actonaitical Radionavigation—Satelite Service, Order and Authorization, 18 ECC Red 12317, 12332 (t para 39)(InI Burean and OET, 2003 * e Licensing Space Sutions i he Domesti Fixed.Satlite Service, Aeportand Order, 48 ER. 40233 (1985) * See June 16° 2004 Public Notce 11

Federal Communications Commission pa os747 with the interference analysis pursuant to the Public Notice." 35. On February 10, 2005, Lockheed amended its application to provide the Commission with the interference analysis as required by the Commission‘s rulesand pursuant to our Public Notie." We find that this analysis conforms to the interference analysis rule and that the Lockheed LM—RPS1 space station at 133 W.L. complies with our two—degree spacing requirements.. We also conclude that granting the Lockheed LM—RPSI application will not result in harmfil interference to any previously Hicensed satllte. 6. Milestones 36. In the First Space Station Reform Order, the Commission noting that milestones are intended to ensure that lcensees provide service to the public in a timely manner,to prevent warchousing of scarce orbit and spectrum resources, codified its generic milestone policy in Section 25.164 of its Rules."" Consistent with this, we require that Lockheed execute a binding contract for construction of ts LM—RPS1 space station within one year of this grant, complete the Critical Design Review within two years, commence physical construction within three years, and launch and begin operations within five yeurs. D. Bond Requirement 37. In its First Space Station Licensing Reform Order, the Commission climinated the fnancialrequirements then in place and replaced them with a bond requirement" Under this financial requirement, any entity awarded a license for a GSO satllte must execute a payment bond, payable to the U.S. Treasury, within 30 days ofthe date of the license grant. The bond is payable upon failure to meet any implementation milestone in the license, where adequate justifcation for extending that milestone is not provided." Licensees may reduce the amount of the bond upon meeting each milestone. 38. In its February 2004 Amendment, Lockheed requested a waiver ofthe bond requirement. In its amendment Lockheed asserted that this requirement is itended to deter the filing of speculative applications by establishing significant financial consequences for lcensees that fail to proceed with their applicants in a timely manner." Lockheed further claimed that ts RPS applications were filed more than four years before this new requirement became effective and it is not clear whether it is appropriate for the Commission to enforce this cost upon applicants that submited pplications without notice that such additionalfinancial requirements might be imposed." * See letr to Ms. Jennifer Warren, Counsel to Lockhecd Marin, from Thoms Tyez, Chicf, Satellte Division, FCC, dated January 26, 2008. (Cockheed January 26, 2005 Leter) C See also Lockheed Martin Corp, Amendnent to ApplicationfoAuthority to Lavinch and Operate a Global System of Geostarionary Orbir Stelites in the Radionavigation Satelite Servie, Fle No. SAT—AMD—20050210— 00035,fled Febniary 10, 2008 (Lockheed Februry 2005 Amendment) * See FistSpace Station Reform Order, 18 ECC Red at10828 pare. 173) C 1 at 10826 (pare. 170) * m T4 at10826—27 (pas 172). See Lockheed Febrary 2004 Amendment atp.17. * w 12

Federal Communications Commission pa 051747 39. We disagree with Lockheed‘s argument. In the First Space Station Reform Order,the Commission clearly. stated. our intention to apply the new rules to pending applications." The Commission noted that"applying new procedures to pending satelite applications would not impair the rights that any applicant possessed when it filed it application, nor impose any new duty with respect to a transaction already completed.""" Additionally, in the Fih Space Station Reform Order, the Commission reaffimed that the "bond requirement applies to all licenses granted after the requirement took effect, regardless of when the application for each of hose licenses was filed" 40. Lockheed also requested a waiver of the bond requirement based on its intention to provide "public safety services.". Lockheed argued that its RPS space station will provide criical air navigation information through augmentation of the U.S. GPS system, enhaneing the safety of the U.S. air trafic control system." 41. In its First Space Station Licensing Reform Order,the Commission stated thatit would entertain requests for complete or partial waivers ofthis bond requirement,but limited its discussion to waivers "for satelite operators proposing satelite designed to provide public safety services.""" The Commission noted that it would consider things "such as public safety intent in deciding whether a waiver is warranted.""" In assessing "public safty intent," we determine whether the proposed satelite is wholly o partilly designed forthe specific purpose of providing public safety services." 42. In making a public interest benefit assessment, we look to see if Lockheed in its application expressed the requisite "public safety intent" for its proposed service. In a statement explainingits RNSS service, Lockheed stated that its proposed LM—RPS system willbe used to ensure the transmission of more precise information for aireraft mavigation, automated farming, mining operations and other applications that rely on navigation and positional precision."* Though we find that these commercialservices would further the public interest, we do not however conclude thatthey fal under the limited eategory of "public safety services,"thatthe Commission intended for a waiver. 43 Therefore, we deny Lockheed‘s waiver request and require Loclkhced to post a $3 million bond within 30 days of the release of this Order. If Lockheed does not submit this band by the required date, this authorization shall benull and void. 8 See FirstSpace Staion Reform Order, 18 ECC Red at 10820 (pas. 275 " ldat10621 (pan 277278 * See Amendment of the Commission‘s Space Stion Licensing Rules and Polices, Arst Order on Aeconsideration and Fifh Report and Order, 1B Docket No. 0234, 19 ECC Red 12637, 1266%—64 (paas. 71—72) (2003) (Rith Space Staion Reform Orde). In his Report and Order,the Commission also addressed arguments similar to the ones Lockheed raised in its Febrary 2004 Amendment Specifiall, the Commission rjected Northrop Grumman‘s argument that some pariesthatbave prosecuted thir applicaion for years, would now be "penalized" by bond requrement * iee Lockbeed February 2004 Amendimentatp. 18. 9 See First Space Staion Reform Order, 18 ECC Red at 10628 (parn. 169. Se also Mobile Stelite Ventires Subsidiary, LLC, Applcation for Authorty Launch and Operate an L—band Mobile SatelteService Sateliteat63.5° WL, Order andAuthorization, 20 FCC Red 479 (bnI Bur, 2005) (MSY Order. # un # See MSY Order, 20 FCC Red at 491—92 (pams. 34—25) * See Lockheed February 2004 Amendmentatp.12. 13

Federal Communications Commission pa osrr47 IV. CONCLUSION AND ORDERING CLaUses 44. We have reviewed Lockheed Martin Corporation‘s application and all associated amendments, comments, pleadings, and other documents of record. Based on that review, we conclude that Lockheed is legally, technically, and otherwise qualified to operate its LM—RPS1 satellte space station at the 133° W.L. orbitallocation and that grant of the application, subject to the limitations and conditions specified herein, will serve the public interest, convenience, and necessity. 45. Accordingly, TT 18 ORDERED that Lockheed Martin Corporation‘s Application File No. SAT—LOA—19990427—00047, as amended by SAT—AMD—20030730—00151, SAT—AMD—20040130—00009, SAT—AMD—20040203—00011, SAT—AMD—20040706—00129, and SAT—AMD—20050210—00035, Call Sign $2372, ARE GRANTED and Lockheed Martin Corporation is authorized to construct,launch and operate its LM—RPS1 space station aboard PanAmSat Corporation‘s Galaxy XV satelite at the 133 W.L. orbital location in the 6620.02—6649.52 MHz (Eartto—space) and 6680.17—6700.67 MHz (Earth—to—space) frequency bands for feeder uplinks and in the 1166.20—1186.70 MHz (GPS—LS) (space—to—Earth) and the 1565.17—1585,67 Mz (GPS—L1) (space—to—Earth) frequeney bands for RNSS service downlinks, in accordance with the terms, conditions, and technical specifiations set forth in its application, as amended, and this Order and Authorizarion. 46. IT 18 FURTHER ORDERED that Lockheed Martin Corporation‘s request to waive Section 25.1 16(bX(1) ofthe Commission‘s rules18 DENIED. 447. TT 1 FURTHER ORDERED that Lockheed Martin Corporntion‘s request to waive Section 25.149 ofthe Commission‘s rules 18 DENIED 48. TT IS FURTHER ORDERED that the Bocing Company‘s 1999 Petiion to Deny and PanAmSst Satelite Corporation‘s 1999 Petition to Deny in Part are DISMISSED AS MOOT. 49. TT 18 FURTHER ORDERED that the LM—RPSI space station must be constructed, Isunched, and placed into operation in accordance with the technical parameters setforth in its application and amendments and terms and conditions of this authorization by these specified time periods fllowing the date of authorization: 2. Execute a binding contractfor construction by X30/2006; b. =— Complete the Critcal Design Review by XB02007; . Commence construction by X30/2008; d Launch and begin operations by X/30/2010; Lockheed Martin Corporation must post a $3 million bond with the Commission, pursuant to the procedures set forth in Public Notice, D. 03.2003, 18 PCC Red 16283 (2003), by mxtu0s. Failure to meet any of these dates shall render tis authorization null and void without any further action by the Commission. See 47 C.ER. §§ 25.161 and 25.164. 50. TT 18 FURTHER ORDERED that Lockheed Martin Corporation 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 notification process of this space station, in accordance with the TTU Radio Regulations. Lockheed Martin Corporation shall be held responsible for all cost recovery fees associated with these TT fiings.. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely. completed. or, with respect. to individual. administations, by successfully completing coordination sgreements. 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 ofother administrations. See 47 CFR. § 25.111(b). 14

Federal Communications Commission pa osimr 51. TT 18 FURTHER ORDERED that Lockheed Martin Corporation shall inform the Commission in wrting of any disruption in service(s) lasting more than thirty minutes. See 47 CER. § 25.210090)0@). 52. TT 18 FURTHER ORDERED that Lockheed Martin Corporation shall not cause harmful interference to, noclaim protection from, stations of he aeronautical radionavigation service in the 1164— 1215 MHe frequency band. 53. TT JS FURTHER ORDERED that Lockheed Martin Corporation shall comply with all requirements of ITU—R Resolution 609 (WRC—03) regarding its use of the 164—1215 MHz frequency band. Specifically, Lockheed is required to continue participating in the TTU—R. Resolution 609 consultation meetings and coordinate in good faith with other RNSS operators at the meetings. Additionally, Lockheed is required to report theresults of these consultation meetings to the Commission withinthiy days afte the conclusion ofthe mectings. 54. TTIS FURTHER ORDERED that Lockheed Martin Corporation is required to coordinate with the operator(s) of the U.S. GPS system in order to ensure maximum compatibilty and to avoid causing any harmfulinterference to the GPS systems from it operations. In the event ofany interference, cither from complaintsreceived or is own observation, Lockheed Martin Corporation is required to cease all operations and remedy the interference. Lockheed Martin Corporation is also required to inform the Commission within three days of such occurrence(s) explaining measures taken to mitigate the interference. 55. IT 18 FURTHER ORDERED that Lockheed Martin Corporation shall complete all coordination of is authorized uplink spectrum in the 6620.02—6649.52 MH and 6680.17—6700.67 Mie frequency bands with terrestial FS operators pursuant to §25.203 of the Commission‘s rules prior to filng it earthsttion application. Lockheed is also required to coordinate these frequency bands withall existing, authorized FSS system operators prior to commencing operations. Additionally, Lockheed Martin Corporation will mot be entild. to protection from interference until it has completed coordination. 56. TT 18 FURTHER ORDERED that the license term for the LM—RPSI space station, Call Sign $2372, is fifen years and will begin to run on the date that Lockheed Martin Corporation certifies to the Commission that the satellte has been successfully placed into orbit and its operation fully conforms to the terms and conditions ofthis authorization. 57. Lockheed Martin Corporation is affarded thiy days from the date of adoption of this grant and authorization to decline this authorization as conditioned. Failuretorespond within this period will constitute formal acceptance ofthe authorization as conditioned. is

Federal Communications Commission pa osi7e7 58. This grant is issued purstant to Section 0.261 of the Commission‘s rules on delegnted authority, 47 CFR. § 0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 CFR. §§ 1.106, 1.115, may be fild within 30 days ofthe date ofhe public noticindicating that this action was taken. Fepi 7co ications commsston Donald Abelson Chief International Bureau 16


Document Created: 2005-06-24 11:17:56
Document Modified: 2005-06-24 11:17:56
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