Attachment 2001DOJ FBI aug 20

2001DOJ FBI aug 20

PETITION submitted by DOJ and FBI

Petition to Adopt Conditions to Authorizations and Licenses

2001-08-20

This document pretains to SAT-ASG-20010319-00025 for Assignment on a Satellite Space Stations filing.

IBFS_SATASG2001031900025_1029189

Federal Communications Commission DA 03—2075 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ) Iridium 2GHz LLC ; File No. ©I87—SAT—P/LA—97(96)— Concerning Use of the 2000—2020/2180—2200 ; IBFS Nos. SAT—LOA—19970926—00147 MHz Bands for a Mobile—Satellite System ) SAT—AMD—20001103—00156_ ORDER Adopted: June 24, 2003 Released: June 24, 2003 By the Chief, International Bureau: 1. By this Order, we modify the authorization currently held by Indium 2GHz LLC (Iridium) to use spectrum in the 2 GHz band to provide Mobile—Satellite Service (MSS).‘ Specifically, we modify Iridium‘s service—link authorization pursuant to an instruction from the Commission in the 4WS Third Report and Order." 2+ Each 2 GHz MSS licensee, including Iridium, received authority to use a pair of 3.5 megahertz "Selected Assignments" in the 1990—2025 MHz service—uplink band and the 2165—2200 MHz service—downlink band." The selection is to be made on a first—come, first—served basis; each licensee is to choose its Selected Assignments from previously—unassigned portions of the service—link bands after having launched the first of its satellites and placed it into its intended orbit."* In the AWS Third Report and Order, the Commission reallocated the 1990—2000 MHz, 2020—2025 MHz, and 2165—2180 MHz bands from MSS to terrestrial wireless services, reducing the 2 GHz MSS service—link allocations to the 2000—2020 M Hz ( uplink) and 2 180—2200 M Hz (downlink) bands." T he C ommission decided t hat the remaining 2 GHz MSS service—link spectrum, 20 megahertz in each direction, should be divided equally among those authorized systems found in compliance with the first milestone requirement, and delegated authority to the International Bureau to modify those authorizations accordingly.©" We have determined that four authorized 2 GHz MSS systems, including Iridium, have met the first milestone requirement.‘ ‘ Iridium LLC, Order and Authorization, DA 01—1636, 16 FCC Red 13778 (Int‘l Bur. 2001) (/ridium License), app. for review denied, FCC 03—12, 18 FCC Red 1405 (2003), appeal pending, AT&T Wireless Services, Inc. v. FCC, No. 03—1042 (D.C. Cir. filed Feb. 26, 2003); Letter from Jennifer D. Hindin, Counsel for Iridium 2GHz LLC to Marlene H. Dortch, Secretary, FCC, File No. SAT—ASG—20030424—00073 (May 30, 2003) (confirming pro forma assignment of the Iridium License to Iridium 2GHz LLC). Iridium has filed an application to modify the /ridium License. See FCC Form 312 filed by Iridium 2GHz LLC, File Nos. SAT—MOD—20030609—00103 & SAT—WAV— 20030609—00104. We will rule on that request separately. * Amendment ofPart 2 of the Commission‘s Rules to Allocate Spectrum Below3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, including Third Generation Wireless Systems, ET Docket No. 00—258, Third Report and Order, Third Notice of Proposed Rulemaking and Second Memorandum Opinion and Order, FCC 03—16, 18 FCC Red 2223 (2003) (14WS Third Report and Order), recon. pending. * See, e.g., Iridium License, 16 FCC Red at 13790 « 34. * See, eg., id. at 13781 J 7—8. ° AWS Third Report and Order, 18 FCC Red at 2238 « 28. ° 1d. at 2240 «| 33. ‘ See Public Notice Report No. SAT—00135, DA 03—386, 18 FCC Red 1732 (Sat. Div., Int‘l Bur. 2003) (announcing that Celsat America, Inc., Iridium, and ICO Services Limited met the first milestone requirement); The Boeing (continued....) 1

Federal Communications Commission DA 03—2075 We therefore modify Iridium‘s authorization to indicate that it may choose Selected Assignments of 5 megahertz bandwidth within the 2000—2020 MHz uplink and 2180—2200 MHz downlink bands. 3. Accordingly, IT IS ORDERED that paragraph 34 of Order and Authorization, 16 FCC Red 13778 (Int‘l Bur. 2001) IS MODIFIED to read as follows: * * * Iridium 2GHz LLC IS AUTHORIZED to construct, launch and operate ninety—six satellites capable of operating in the 2000—2020/2180—2200 MHz frequency bands in the United States, in accordance with the technical specifications set forth in its application, as amended, and the terms and conditions set forth in the Order and Authorization, 16 FCC Red 13778 (Int‘l Bur. 2001), and consistent with our rules, unless specifically waived, and subject to the following conditions:" a. Iridium 2GHz LLC must choose a Selected Assignment in each of the 2000—2020 MHz and 2180—2200 MHz frequency bands upon launch of one satellite into its authorized satellite orbit and commencement of operations by that satellite; b. The Selected Assignment shall give Iridium 2GHz LLC access to 5 megahertz in each direction of transmission on a primary basis; c. The Selected Assignment shall be chosen such that the band edge of the assignment is an integer multiple of 5 megahertz from the band edge of the 2 GHz MSS band; and d. Operations in frequencies in these bands outside the Selected Assignment shall be on a secondary basis to operations of other 2 GHz MSS systems. 4. This Order is issued pursuant to Section 0.261 of the Commuission‘s rules on delegations of authority, 47 C.F.R. § 0.261, and is effective upon release. FEDERAL COMMUNICATIONS COMMISSION fre~) {o Donald Abelson Chief, International Bureau (...continued from previous page) Company, Order and Authorization, DA 03—xxxx (rel. June 24, 2003) (holding that Boeing met the first milestone requirement). See also Globalstar, L.P., Memorandum Opinion and Order, DA 03—328, 18 FCC Red 1249 (Int‘l Bur. 2003), requestfor stay and emergency app. for review pending (holding that Globalstar‘s 2 GHz MSS license is null and void for failure to meet the first milestone requirement); Mobile Communications Holdings, Inc. and ICO Global Communications (Holdings) Limited, et al., M emorandum O pinion and O rder, DA 03—285, 18 FCC Red 1094 (Int‘l Bur. 2003), joint app. for review pending (holding that the 2 GHz MSS licenses issued to Mobile Communications Holdings, Inc. and Constellation Communications Holdings, Inc. are null and void for failure to meet the first milestone requirement); TMI Communications and Company, Limited Partnership, Memorandum Opinion and Order, DA 03—385, 18 FCC Red 1725 (Int‘l Bur. 2003), request for stay and app. for review pending (holding that the Order reserving 2 GHz MSS spectrum for TMI is null and void for failure to meet the first milestone requirement). ® This assignment of additional service—link spectrum may be subject to adjustment in the event of Commission or Court action arising from petitions for reconsideration, applications for review, or appeals filed in connection w1th the cancelled authorizations cited in the preceding footnote, or the AWS Third Report and Order. ° We note that Iridium has sought an extension of time within which to submit addition information regarding its end—of—life de—orbit plan for the satellites authorized by the Iridium License. See FCC Form 312 filed by Iridium Constellation LLC, File No. SAT—MOD—20030121—00012. We will rule on that request separately.























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Document Modified: 2013-11-27 13:29:25
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