Attachment DA 05 1747

DA 05 1747

ORDER & AUTHORIZATION submitted by FCC,IB

DA 05 1747

2005-06-23

This document pretains to SAT-LOA-19990427-00047 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1999042700047_439029

Federal Communications Commission pa osarer Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) FileNo. SAT—LOA—19900427—00047 Lockheed Martin Corporation ) FileNo. SAT—AMD—20030730—00151 ) File No. SAT—AMD—20010130—00000 Application To Launch and Operate a ) File No: SAT—AMD—20040203—00011 Geostationary Orbit Space Station in the ) File No: SAT—AMD—20040706—00120 Radionavigation Satellite Service t 133° W.L. ) File No: SAT—AMD—20050210400035 CallSign: $2372 oRpER AND AUTHORIZATION Adopted: June 23, 2005 Released: June 23, 2005 By the Chicf, InternationalBureau: L INTRODUCTION L. In this Order, we grant authority to Lockheed Martin Corporation (Lockheed), to Iunch and operate a Radionavigation Satelite Service (RNSS) space station‘ abourd separately Hcensed PanAmSat Corporation‘s (Panamsat) Galaxy—XV satellte (Call Sign S2387) to be located at133° W.L.. Lockheed‘s proposed space station is a part of ts Regional Positioning System (RPS)— Grant of this application will serve the public interest by allowing Lockheed to provide valuable augmentation services to the existing US Global Positioning System.‘This grant will also further serve the public interest by providing effective use of thlimited spectrum resource. : Asused in this Order and Authorization, the term "space sution"has the meaning given in th Inernational ‘Telcommuniction Union (FTU) Radio Regulations, e one or more tansmiters, or receivers or a combination of transmitersand receiversnecessiry focarying on a radtocommunication srvic, and located on an objectwhich is beyond, o is imended to go beyond, the major portionof he Earth‘satmosphere. See T Radio Regulations SL.61 and S1.6¢. & See Appleaton of PanAmSatLiensee Corp for Authoriyto Launch and Operte the Galaxy XV sutelite at the 133° W.L Orbial Location, File No. SAT—LOA—19991207—00119 as amended by SAT—AMD—20021029— 00195, SAT—AMD—20030818—00156, SAT—AMD—20031 10300520 and SAT—AMD—20040003.00111 (samp grant with condiions, issued by Robert Nelson, Chief Engineering Branch, Satlfte Division, FCC, August 11, 2006) (DA No. O£2531)(PandnSar Galexy XV authorizaion) f Lockheed has a number of other RNSS applicatons pending before the Commission. ‘This orde only addresies Lockecs RPS space sutionat the 133° W.L. orbtal ocation. The otherappleations will be addressed in fuure orders.

Federal Communications Commission ba os—t747 u. BACKGROUND A. Procedural History 2. In April 1999, Lockheed filed applications withthe Commission for authority to launch and operate a global RNSS system, known as the Lockheed Martin Regional Positioning System (‘LM— RPS®) withsatelltes operating at t79° WL. 71° EL,131.8° EL. 109° W.L,, 129° W.L. and N°EL. orbitallocations.* This system, as originally proposed, consited of twelve geostationary satellites that would provide navigation services from six orbital locations. Lockheed‘s April 1999 Applications were placed on public notce on May 27, 1999On June 28, 1999, GE American Communication, Inc. (GE Americom), Globalstr, L—P. (Globalstar), and Motorola,In. (Motorola) filed comments.. Additionaly, the Bocing Company (Boeing) filed a perition to deny and PanAmSat Corporation (Panamsat) filed a petiion to deny, in part® Lockheed subsequentlyfiled a consolidated opposiion to petition to deny and eply comments. Panamsat and Bosing both filed reply comments to Lockheed‘s consolidated opposition to pettion to deny.. For the reasons set forth below, we conclude that as 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 ts applications,to (1) modify the requested radio frequencies, (2) larif is Tracking, Telemetry and Command (TT&C) functions, ) delete the 11° EL. orbital location and (4) provide additional or revised technical information.". Additionally, Lockheed modified its request for one of its proposed orbial locations, changing its original request for the 129° W.L. orbital ocation to 125° W.L... Lockheed‘s July 2003 Amendment was placed on Public Notice® Panamsat filed comments on Lockheed‘s request for the 125° W.L. orbtal location and Lockheed filed reply comments." 1 In January and February 2004, Lockheed further amended its RPS application." These f See Lockeed Martin Corp, Application for Authoriy to Launch and Operate a Global Systen of Geostationary OrbiStelits in the Radionaigation Satelite Sevice, File No. SAT—LOA—19990427—00047, fled Aprl 27,1999 (Lockheed Original Apai1999 Appliation) * See Public Notice, Report No. SAT—00018, released May 27, 1999. £ In its 1999 Petiion to Deny in Part and Reply Comments, Panamsat raised arguments concerming Lockheed‘s proposed use of the extended C band frequenciesfor is TT&C opertions. As aresult of Lockheed‘s subsequent amendments to its application, we find that the arguments raised in Panamsat‘s petion and reply comments are no longer vald and rendered moot & See Lockheed Mart CorpAmendnent to Applicaton for Auborit to Launch and Operate a Global System of Geostarionary OrbiSarelites in the Radionanigation Sarelte Service, Fl No. SAT—AMD—20030730— G0151, fled Jly 30,2003 (Lockheed Jaly 2003 Amendment. i See Public Natce, Report No. SAT—O0160,in reference to Lockheed‘sJuly 2003 Amendment, Fle No. SAT—AMD—2000730—00151, released August 18,2003 * See Comments of PanXmSat Corportion, (Rled September 17, 2003).. See also Reply Comments of Lockheed Martin Corporation, l October1, 2003). Lockteed‘s subsequent January 2004 and February 2004 amendments rendered Panamasats concems moot © See Lockheed Martin Corp, Amendment to Applicaion for Authority to Launch and Operate a Global System of Geostaionary OrbiSateites in the Radionavigation Satelite Service, Fle No. SAT—AMD—20040130— 00009, led January 30, 2004, (Lockheed Janvary 2004 Amendment). Subsequenty, Lockheed frther amended is appliation on Febriary 3, 2004, See also LocUheed Martn Corp, Amendnent Applicaionfo Authorityto Launch and Operatea GlobalSystem of Geostaionary Orbit Sarelltes in the Radionavigation Satelite Service, File No. SAT—AMD—20040203—00011, fled Febrmary 3, 2004 (Lockheed February 2004 Amendmend.. Lockheod February 2004 Amendment bsicalyreplaced i ts entrty,Lockheed‘s previous January 2004 Application 3

Federal Communications Commission ba os—177 amendments were placed on Public Notice" and no comments were filed.. With these amendments, Lockheed secks authority to constrict, lunch and operate a RNSS payload. located onboard Panamsat‘s Galaxy—XV satelite. Panamsat is currenty lcensed by the Commission to operate its Galaxy XV satelite 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 compatiility 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 integrity, in particular for the aviation community." The FAA WAAS system will provide GPS augmentation messages to two of Lockheed‘s uplink Earth stations,to be located within the US." These two uplink Earth stations will uplink the augmentation messages to the LM—RPS1 space station using the extended C:band."" The received augmentation messages willthen be broadcast in the downlink in the L~ band‘* to receive—earth stations. These augmentation messages contain error correction information that provides fordifferentil correction of the GPS receive signals, resuling in more accurate GPS navigation information. This enhanced information willbe used to improve aireraftnavigation, 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 megahertz of * See Pubic Notic, Report No. SAT—00202, in reference to Lockhecd‘sJanuary 2004 and Fobruary 2004 Amendments, File Nos. SAT—AMD—20040130—00009 and SAT:AMD—20040203—00011, released March 19. 2004 i# See PanAmSat Galaxy XV authorizaron. We note that PanAmSat is currenty licensed t operat in the conventinal C:band, notthe extended C:band * See Lockheed Martn Corp, Amendnent to Applicaton for Axthoriy to Launch and Operate a Globl Systemof Geostaionary OrbiSateltes in the Radionavizetion Sateize Service, Fle No. SXT—AMD—20040706— 00129,ied July 6, 2004 (LockeedJly 2004 Conforming Amendment). Lockheed fled this amendinent in order to confarm is techncal specifications fr the LM—RPSI space station with Panamsat‘s Galaxy XV satelit. * See Lockieed Martn Corp, Amendmentto Application for Authoriy to Launch and Operate a Global System of Geostaionary Orbis Sareites in the Radionavigation Sutelize Service, File No. SAT—AMD20050210— 00035, led Febrwary 10, 2005 (Lockheed February 2005 Inerfrence Analysis Amendmen). In response o a leter sent by the FCC‘s Satellte Divison, Lockheed amended is application tinclude an imterference analysis, prsuant to Section 25.140(D(2) of the Commission‘s rules.. We note her that in requesting this iformation, we did not dismiss Lockbeed‘s application as incomplete, because Lockheed‘s application and relevanamendments were Aled prioe to our June 16" Public Notie clarifying the requirements of Section 25.140)@)._ See Public Norce, Imernational Bureau Satelte Division Information: Claifeation of 47 CFR. § 25.1400)2), Space Sution Apolicaton Inteference Analysis, No. SPB—195, 18 FCC Red 25099 (2003) as claified by Interational Bureau Satelite Division nformation: Claricationof 47CR § 25,140(b2) Space Station Inerference Analysis Publc Norice, SPB—207, DA O4—1708(elJune 16, 2004) une 10° 2004 Public Noice. 55— SeeLockheed Febrary 2004 Amendmentatp. 11 * wipie f FFor purposesof this Order, thterm *extended C:band" refers t he 6425—6725 MJiz frequency band. * For purposes of this Order,the term "L—band"refesto the 1559—1610 MHz (L1 frequency band) and the 960—1215 Mz (LS requency band). * See Lockheed February 2004 Amendment atp. 12. 3

Federal Communications Commission ba os—t7a7 spectrum within the 6625—6725 MHz frequency band for uplink control,." command and tricking functions and 124 megahertz of spectrum within the 36003700 MHz frequency band for downlink telemetry and tracking functions. Lockheed also requested authority to operate in the 155492—1595.92 Mitz,1207.1—1248.1 Mitz,1155,95—1196.95 MHfrequency bands for is service downlinks 7. In July 2003, Lockheed amended ts applications by reducing the amount of spectrum it had originally requested for its service downlinks. Specificaly, Lockheed reduced the requested spectrum from it original request of the 155492—1595.92 Mz frequency band, to the 1565.17—1585.67 Mitz frequency band. Italso reduces the requested spectrum from its original request of the 1155.95— 119695 MH frequency band, to the 1166.20—1186—70 MHz frequency band.. Additionally, it withdrew its request forthe 1207.1—1248.1 MHz frequency band." 8. In Febriary 2004, Lockheed further amended its application to request the 6629.02— 6619.52 MHz and 6680.17—6700.67 MHz frequency bands for data uplinks. Addiionally, in its application Lockheed provided information conceming the TT&C frequencies at 6124—6425 MHz, 4197.875—4108.125 MHz and 4199.750—4200 MHz, that Panamsat requested in its application for authorization of ts Galaxy XV satelie."" Lockheed confirmed that Panamsat would be performing the TT&C functions for the maneuvering and maintenance of the Galaxy XV spacecraf. In addition, Lockheed requested a waiver of Section 25.116(bX1) ofthe Commission‘srules, nd a waiver ofthe bond requirement contained in Section 25.16of the Commission‘s rules 111 DISCUSSION A. Processing Procedure 9. In the First Space Station Reform Order, the Commission adopted various procedural reforms to expedite the satelfit licensing process." The Commission indieated it would "apply the rules and procedures we adoptin this Order to pending applications,in cases where doing so will help further the gosls of his proceeding to expedie serviceto the public and discourage speculation"" 10. Specifically, the Commission can apply the new procedures to pending applications if "doing so does notimpair the rights an applicant possessed when t iled ts application, increase an applicant‘s liabilityfor ast conduct,or impose new dutieson applicants with respectto transactions already completed."" n reviewing Lockheed‘s origial 1999 applications and subsequent amendments we find that processing Lockheed‘sapplications under our new rules will not impair the rights of Lockheed when it filed ts original application, oimpose any new daty on Lockheed, oincrease any Hiability for its past conduct 11. Therefore, we mustdetermine the appropriate processing of Lockheed‘s RNSS 8 Lockeed proposesto use these contol ulink to uplink aurmentation messages. See Lockheed Oriinal Aprl 1999 Applicationatp. 23. 2. See Lockheed Original Aprl 1999 Applicaionatpp. 33:34,Tabled.L. ® See Lockheed Fobruary2004 Amendment, Revised Table .1—1. * u. 9 See Amendment othe Commission‘s Space Sation Licensing Rules and Policies, Fist Reportand Order and Further NoticeofProposed Rulenaing, TB Docket No. 02:34,18 FCC Red 10760, 10776—77 (prs ) (2003) (FisSpace Station ReformOrder) 5. See FrsSpaceSaion Reform Order, 18 FCC Red at 10820 (@ar.225) # 14 at 10620 (pae. 276)

Federal Communications Commission pa ostma7 applications. In revising the satelitelicensing rules, the Commission adopted two different licnsing frameworks — a modified processing round approach for non—geostationary satelite orbit (NGSO)—like systems, and a "frst—come, firt—served" procedure for reostaionary satellite orbit (GSO)—like systems "The Commission defined GSOlike satellie systems as GSO satelites designed to operate with directionalantennas.". Examples of the GSO—like satelte systems are those which use earth sations with antennas with directivity towards the satelftes, such as FSS, and MSS feeder links which use GSO satelltes." The Commission defined NGSOlik satelte systems as NGSO satelite constellations, and GSO satelites communicating with earth sttions with omni—tiectional antennas." The Commission also noted that NGSO—like satelite systems, unlike GSOlike satellt systems. generally cannot operate on the same spectrum without causing unacceptable interference t each other.". Accordingly, the Commission concluded that a band seamentation approach would be preferable for such applications because it would faciltate additional marketenty. 12. n its original 1999 application and subsequent amendments, Lockheed requested authorityt utlice frequenciesin the L—band and C—band spectrum for its proposed radio—navigation satelliteservice. Lockheed requested FSS spectrum for is feeder uplinks. In the First Space Station Reform Order, the Commission adopted a firs—come,first—served procedure for applications for feeder links to GSO spacccrafs."" Therefore,we conclude that this portion of Lockheeds application willbe considered a GSOlike satelte appliation and willbe processed under the firs—come,fist—served rules. 13. Lockheed also requested authority to operate in the L1 and LS frequency bandsfor ts service downlinks. Since Lockheed‘s proposed L—band earth station antennas would be omn‘—directional, this L—band portion of Lockheed‘s request does not meetthe requirement of "directionality" necessary for treatment as a GSO—like satelite application."" However,for the reasons setforth below, we find thatthe circumstances here warrant a waiver ofourruleson our own motion 14. The Commission‘s rules may be waived when good cause is demonstrated." The Commission may exercise ts discretion to waive a rule where the particularfacts make strct compliance inconsistent with the public interest. In doing so, the Commission may take into account considerations of hardship.equity, or more effective implementation of overall policy on an individual basis"" Waiver ofthe Commission‘s rules is therefore approprite only if special circumstances warranta deviation from the general rue, and such a devation will srve the public interest." 4 T4. at 10773 (par. 21y " arcrm g2s580) * 47 CER. § 25158(a)FrsSpaceStation Licensing Reform Order, 18 ECC Red at 10773 (pors. 21. * FirsSpace Staion Licensing Reform Order, 18 FCC Red at10773 (para. 21 * See Frst Space Strion Licensing Reform Order, 18 FCC Red at10773 (prs. 21) "" See FirsSpace Staion Licening Reform Onde, 18 FCC Red at10773 (prs 22) ®= See Fist Space Station Reform Order, 18 FCC Red at 10810—10811 (pars. 125—130) * See 47 CER § 25.158(). Seealso FrsSpace Staion Reforn Order, 18 FCC Red at 10773 (paa. 21. ® Seed7 CR §13;seealso WATTRadiov. FCC, 418 Ed 1153, 1159 (D.C. C1969),cert.dened, 409 us. 1027 (1972) (WatTRedio * See Northeast Celidar Telephone Co. . FCC, 897 F2d 1164, 166 (Northcat Cellder). * See WATT Radio418 F24 t 1159; Northeast Celider, 97 F.2d a 1166. * 14 at 1139

Federal Communications Commission paostrar 15. In the First Space Station Reform Order, the Commissionindicated ts concem that, in the absence ofa modified processing round approach,a single NGSOlike applicant could use so much of the orbitspectrum resource that additional market entry would be prevented. Therefore,the Commission retained a processing round approach, and indieated it would segment the available spectrum between applicants:"" In this case, however,the U.S. GPS system is currently operating in the same frequencies that Lockheed is requesting for ts LM—RPS1I downlink opertions. Therefore, any other opections in this band must operatein conjunction with and be fully compatible withthe U.S. GPS system" Lockheed‘s plaaned operations arefully compatible with the U.S. GPS system, and would be compatible with fature satellte systems in thesefrequency bands that arealso compatible with the U.S. GPS system. Therefore, we find that porentil fture RNSS Hicenseesin the L—I and L—5 frequeney bands,who must alsobe compatible with the U.S. GPS system, would not be prevented from using this spectrum. Moreover,these existing arrangements, including the TTU Resolution 609 and the presence ofthe US. GPS system in the band, constrain our ability to engage in band segmentation. Given these cicumstances, we conclude that this portion of Lockheed‘s application,as amended, warrants GSO—like treatment. Therefore, we find good eause to waive the "directionality" requirement of Section 25.158 of the Commission‘s rules® and consider this portion of Lockheed‘s LM—RPSI application underthe firs—come,first—served Hcensing procedure 16. Pursuant to Section 25.158b)G)." a GSO—like satellte license application will be granted only if the applicant meetsthe standards seforth in Section 25.156(a), and the proposed satete will not cause harmful nterference to a previously licensed satelite. Pursuant to Section 25.156(a), "the Commission will grant GSO4ike applications if the Commission finds that the applicant is legally, technicallyand otherwise qualifed, that the proposed faciities and operations comply with all applicable rules, regulations and policies, and that grant of the application will serve the public interest, convenience and necessit."*" Accordingly we review Lockheed‘s application to determine whether Lockheed is legally and technically qualifed to hold a satlft license.. For reasons discussed below, we find that Lockheed i legally and technically qualiied. B. Legal Qualification 17. In considering an applieation to launch and operate a new satelite system, we must determine whether a grant will serve the public iterest. In making this determination, we consider whether the applicant is legally, technically and otherwise qualified to operate the satelite. Since Lockheed‘s legal qualifications are a mater of record with the Commission, we find that Lockheed is Hegally qualified tohold a satelite lense. * See FirsSpace Sttion Reform Order,18 ECC Red at 10773774 ns21.22) * We recognize that the US. GPS system provides serviceof national importance t the US. Government, inclutingthe militry,businesses, and civians. Therefore, it is citcal in lensing operations in these requencies to ensre that poentalHcenseesdonotcause harmfu intrferece t opertionsof the U.S. GPS system. " seear CBR. 5s 25 186,25 157. £ We also note thatthe transmissions involved in his caear compatibl with each othe n prtbecause the transmissions are downlink only. Our decision here threfore may not b relevantto systems in which mobil carh terminals transmit and receive omnidirectinall, in tht such systems are generlly not compatble with other systems in the same band * See47 CER §25.15800). & See 47 CER. 5 25.1560).

Federal Communications Commission ba os—t747 1. Request for Waiver of Section 25.116(b)(1) 18. In its February 2008 Amendments, Lockheed modified ts requested orbital location from 125° W.L. to 133° W.L.. Under Section 25.116(b)(1) of the Commision‘s rules, a change in orbital location pursued via an amendment is deemed to be a "major amendment® and is subject to public notice.®. Lockheed requested a waiver ofthis rule® However, after mweWin% the amendment, we id not find that Lockheed‘s arguments sufficiently jusified a waiver of the rule." Therefore, Lockheed‘s requestto waive Section 25. 16(b)(1) is denied 2. Hosted Payload Arrangement 19 LM RPS 1 will operate as a payload on the Galaxy XV satelite.. Such arrangements, although infrequently used, are not without precedent * This arrangement was addressed in connection with authorization of the Galaxy XV spacecraft." In that authorization we required Panamat to maintain contzol over TT&C operations in connection with any operations of the satelite,icluding 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 licensee for ensuring compliance with the terms and conditons of this license, including compliance with milestone and bond requirements, operating conditions,and Commission rules. C. Technical Qualiications 1. Feeder Uplinks 20. Lockheed proposes to uplink avementation messages to the LM—RPS! space station using the extended C:band from two uplink earth stations within the US._ Specificaly, Lockheed secks authortyto operate in the 6629.02—6649.52 MHz and 6680.17—6700.67 MHz frequency bands:® These frequenciesar allocated to the Fixed Service (FS) and Fized Satelite Service (FSS) (Earthto—space) on a primary basis and subject to footnotes 5458 and 5458A Below, we address these footnotes and other issues for these frequency bands. (a) Protection of Passive Services in the 6425—7025 MHizfequency band 21. Foomote 5458 indicates that, in the 6425—7075 MHz frequency band, passive sensors ® See a7 CR § 281160000 # See Lockheod Fobruary 2004 Amendment at pp. 15—17. £ See 47 CER § 25.116@)4)"An amendment wll be deemed a major amendment under th following circuristances:.4) If thamendment, or cumulativeeffect of the amendment, is determined by the Commission othervise t be substantal purstanto section 309 ofthe Communications Act." See also Public NotceReport No. SAT—00202 (eleased March 19, 2004). We not here that ithe FirstSpace Strion Reform Order, the Commission adepted a proposal t reat major amendments to GSO—like srelit Heense application as newly filed applicaton and thas a major amendmentto a ense appliation wouldcause thlicense application to be moved to thend of the quene. See 18 RCC Red at 19821 (pora. 136—140).. We also note tht since Lockited‘s Fobruary 2004 Amendment was deemed a majoramendment, Lockheed‘slcense applcation was moved to th end of the queue, dated th date the Febrvary 2004 Amendment was filed. # See, eGTE Spacenct Corporaton/Geosar Corporation, 2 FCC Red 312 (1987) (RDSS payload abourd FSS suelite) # See PanmSet Galaxy XV autorizaionstp 1: * See Lockiheed Febmary 2004 Amendment, Revised TableA.L1. & See 47 CFR. §2.106 footrote 5458 and foomore 556A

Federal Communications Commission pa os7ar measurements are carried out over the ocean and that adiministrations should bear in mind the needs of the Earth exploration—satelite (passive) and space research (passive) services in their future planning of the bands 61257025 MHz® Lockheed states that it will comply with all applicable domestic and intermational requirements in coordination of ts system.". Therefore, we remind Lockheed to bear in mind the needs of these services when designing and operating is LM—RPSI system. 22. In 1999 GE Americom filed comments to Lockheed‘s RNSS application" These comments were limited to Lockheed‘s proposed use of the extended C:band frequencies, specifically Lockheed‘s request for 21.$ MHz of spectrum in the 6625—6725 MHz frequency band and for 124 MHz of spectrum in the 3600—3700 MHz for TT&C operations." In its comments, GE Americom raised concerns that Lockheed‘s request of extended C:band spectrum would add considerable pressure tothe existing demand for use of the extended C band for TT&C for Ka and V—band GSO/FSS systems. Therefore, in ts 1999 comments, GE Americom requested the Commission to defer ction on Lockheed‘s proposed use ofthe extended C—band until the Commission resolved the needs of GSO/ESS licensees." We find thatas a resultof subsequent Commission proceedings and Lockheed‘s 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 reearding Lockheed‘s proposed use of the extended C—band frequencies in the 3600:3700 Mz frequency band, we note that Lockheed amended its application subsequent to GE Americom‘s filings and in its amendments stated that it no longer intended to seek these frequencies:". Additionally, with respect to the 6625—6725 MHfrequency band, we see no reason to depart from our policy of requiring FSS satelites to operate TT&C operations in the frequency bands in which thir primary FSS operations occur."‘ Therefore,we find the arguments raised by GE Americom are not valid. (b) Protection ofRadio astronomy service. 23. Foomote 5458A of the U.S. Table of Allocations indicates that space stations of the fixed—satelite service in the adjacent 6700—7025 MHz frequency band should take all practiable steps to protect spectzalline observations of the radio astronomy service in the 6650—6675.52 MHe frequency band from harmful interference from unwanted emissions." We note that portions of Lockheed‘s proposed feeder uplink operations, specifically, the 6700—6700.67 MHz frequency band fall within the band specified in thisfoomote. Lockheed stited in its February 2004 amendmment thatit will comply with all applicable domestic and internationalrequirements in coordinating its system" Therefore, we will require Lockheed to take all prcticable steps to avoid causing harmful interference to the Radio astronomy servicein the 6650—6675.52 MH frequency band from unwanted emisions resuting from ts use ofthe 6700—6700.67 MHz frequency band. (c) Sharing arrangement between Lockheed‘s feeder uplink operations and terrestral ixed systems in the 6525—6725 MHzrequency band. 5 See 47 CER§2.106 footote 5458 3 See Lockhend Febrmary 2004 Amendment, Appendix J at 1 * ie GE American Communications, Ic.(ile June 28, 1999). (GE Americom Comments) * u. * 1 arp.2. 2 See Lockheed February 2004 amendment, . 6 and Revised Table 4.1—1 * See 47 CER § 2520209 2 See 47 CR §2.106 footrote S458A. £ ie Lockheed February 2004 Amendment, Appendix J at 1 s

Federal Communications Commission ba osrra7 34. The 6525—6725 MH frequeney band is allocated to FSS and the Fixed Service (FS), both on a primary basis®" Section 25.203(a)of the Commission‘s rulesrequires that sites and frequencies for earthstations operating in frequency bands shared with equal rights between terestral and space services shall be selected, to the extent przcticable, in areas where surrounding terrain and existing frequency usage so as to minimize the possibilty of harmfulinterference between the sharing services® 25. Section 25.203() of the Commission‘s rules also regquires that prior to filing its application, an earth station applicant shall coordinate the proposed frequency usage with existing terrestial users and with applicants for errestralsation suthorizations." Lockheed maintained in its February 2004 amendment that t will comply with all applicable domestic and internationalrequirements in the coortination of ts system."* Therefore, we will require Lockheed to coordinate its two feeder uplink earth station operations with all existing terrestrial users and all applicants for terrestial sttion authorizations. 2. Radionavigation Satelite Service Downlinks 26. Lockheed requested authorty to operate it service downlinks in the 1166.20—1186.70 MHtz (GPS—L5)and the 1565.17—1585.67 MHz (GPS—L1) frequency bands. These frequency bands are allocated to boththe Aeronautical Radionavigation service and the Radio Navigation Satelite (space—to— Earth) service, on a primary basis. However, the 1166.20—1186.70 MHz (GPS—L5) frequency band is subject to foomote US385® and Resolution 609 (WRC:03)." Below, we address this footnote, Resolution 609 (WRC—03), and protection of Global Positioning System (GPS)— (a) Protection ofAeronautical Radionavigation Service in the 1164—1215 MHzrequency band. 27. Within the United Sttes, Footmote US365 of the US. Table of Frequeney Allocations requires that radionavigation sateliteservices operatingin the L1G4—1215 MH frequency band shall not cause harmful interference to, nor claim protection from, sttions of the acronsutical radionavigation service."" Therefore,we will require Lockheed not to cause harmful inerference to, nor caim protection from,stations operating in the aeronsutical radionavigation service. 28. Intermationally, the 11641215 MHz frequency band is allocated to both the radio navigation satelte service (RNSS) and the aeronautical radionavigation service (ARNS), on a primary basis, subject to 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 operting in the 1164—1215 Mitz frequency band, shall not exceed the ageregate epfd level of —121.5 dB(W/m®)in any 1 MHz band for all angles of elevation. The resolution further states that in order to achieve this objective, administations operating or planning to operate RNSS systems shall agree cooperatively, through # See 47 CR §2.106,US. Table of Frequency Allocations 8 See 41 CBR§252030) ® See 47 CFR §252030) € See Lockheed Febrwary 2004 Amendment, Appondix J a1 * See 47 CER.§2.106, US Table of Frequency Allocations, Footmore US385 * See TTU—R Radio Regubtion, Resolution 609 (WRC—03). € See 47 CFR. §2.106, US Table of Frequency Allocatons, Footrore US3HS o

Federal Communications Commission pa osmr consultation meetings,to equitable shared aggregste epfd." 29 In the Report of the Second Resolution 609 (WRC:03) Consultation Mecting, it was concluded that, o date, all systems operting or planning to operate in the 1164—1215 Mz frequency band, including the LM—RPSI space station, collectively have not exceeded the —121.5 dB(W/m®) in any 1 MHtz bandwidih® Lockheed stated in its February 2004 Amendment, that it will comply with all applicable domestic and intemational requirements required for coordination of system, as well as comply fully,to the extent applicable, with the consulation requirementsof Resolution 609 (WRC:—03)." Therefore,as part of ts consultation requirements under TTU—R Resolution 609, we wl equire Lockheed to continue to partiipate in these consultation meetings and coordinate with other RNSS operitors. Additionally, we will require Lockheed to report the results of these consuluation meetings to the Commission within thity days aftr the conclusion ofthe meetings. (b) Protection of U.S. Global Positoning System (GPS) 30. We note that the U.S. GPS system uses the same frequencies that Lockheed is requesting for ts LM—RPSI space sttion downlinks.. Specificall, these frequencies include the 1166.20—1186.70 Mitz (GPSL5)and the 1565.17—1585,67 MHz (GPSL1)frequency bands. We recognize that the US. GPS system provides service of national importance to US. Government, including the militay, businesses and civilions, Therefore, we find that it is erical that Lockheed‘s space sttion operations do not cause harmful interference to the operations ofthe U.S. GPS system..In is appliction, Lockheed assured the Commission that it would not cause harmful interference to the US. GPS system. Specificlly, Lockheed maintained that ts LM—RPS! space station will operate in confjunction with and in full compatibility with the U.S. GPS system"" Lockheed further assured that it willutlice similar signal structure and architecture to the U.S. GPS system (Ze. Code Division Multiple Access (CDMA)) in order to achieve maximum compatiblity. Previously, the Commission has acknowledged that systems using CDMA architecture may be able to share the same spectrum. through coordination, without causing harmfulinterference to each other." 31. Therefore, upon review, we find that Lockheed LM—RPST 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 harmful interference." Nevertheless, we will require Lockheed to coordinate with the operator() ofthe U.S. GPS system in order to ensure maximum compatibility 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 also be required to inform the Commission within three days of such occurrence(s)explaining the specific measures taken to mitiate the interference. # We notethat to date, there have been two such consultation mestins and Lockheed haspaicpated in both of these mectingsfor ts RNSS system operating in th116t—1215 MHe band on betulf othe U.S. adminisation. # See Leter regurding Report of the Second Resolition 609 (WRC) Consulation Mecting to Directo, Ratiocommunication Bures, TTU, rom Kathryn O‘Brien, Chct, Svatepic Analysis and Nepotations Division FCC (dated June $ 2004) (B00C2EB420®)(Report of the Second Resohition 609 Consulation Meeting). The Third Resolition 609 (WRC) Consultation Mectingi scheduledfor June 2005. * See Locieed February 2004 Amendment, AppendiJ at 1 7‘ See Lociheod Febrary 2004 Amendmentatp.11 7*.=— See Big LBO Report and Order FCC Red 8936 (pas. 20) See Report of the Second Resoluton 609 Consulition Mecting at pp. 34 10

Federal Communications Commission pa o7 (e) Comments and Pertion to Deny 32., In response to Lockheed‘s original 1999 applications, Globalstar and Motorola filed comments."* Additionally, Bosing fileda peiton to deny."* The concems 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 that it is 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 spacecraft under contract with Lockheed.. Therefore, we are not granting Lockheed any TT&C spectrum or authority. All TT&C transmissions shall be conducted by Panamsat porsuant o ts lcense. 5. Two—Degree Spacing 34. The Commission‘s licensing policy for GSO satelites is predicated upon two—degice orbital spacing between satelftes."" 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 clarfcation of Section 25.140(b)2)of the Commission‘s Rules, conceming space station application interference analysis requirements." n the Public Notice,the Commission expressly stated that Section 25.1400b)2) of the Commission‘s Rules applies to "(alny gcostationary satelite orbit space station application for operation in any FSS frequency band.". Since Lockheed requested FSS allocated spectrum forits feeder uplinks, we found that thisrequests rendered this rule applicable to Lockheed‘s LM—RPSI application.. On January 26, 2005, the Commission requested that Lockheed provide the Commission * See Comments ofGloblsar LP (iled June 28, 1999). Seealso Comments of Motoros, Inc. iled June 28, 1999 * See Bocing Pettion to Deny (Rled Jane 29,1999). See also Bocing Reply Comments (Rled July 30 1999). * In 1999, Globalsarfiled comments expessing concern over Lockeed‘s possible use of he GLONAS (GNILL and GN—L2) frequency bands in order to provide augmentation to the Russian GLONASS system. See Comments of Globalsar LP at . 2. Lockecd amended its applicaton in February 2004 to remove these frequenciesin spectrum request.See Lockhed Febrmary 2004 Amendment, Table 1.1—1 (Requested Frequency Bands forthe 133° W.L OrbitalLocation). Therefor, thissuesrited by Globalsr are moot.. In 1999, Motorola filed comments msing concerms regarding posible out—ofband interference ffom the Lockheed system. See Commentsof Motorola, Inc.atp. 1. These concerms were addressed by subsequent amendmentsto Commisson‘s rales. See Amendment of Part 2 and 25, Secand Report and Order, 18 FCC Red 24423, 24520 (paras94.99) (200%).. See also 47 CER § 25.216. Bocing‘s concem with the amount of spctrum Lockheed requested and possibleinterfeenceisues have beenrendered mootby a subsequent amendimentto Lockcd‘s applieation (See Lockhed February 2004 Amendment, Revised Table 4.1—1)and by the dismissal of Bocing‘s appliation for authoritto aunch and operite nongeostationay—orbisatlites o provide Navigation AugmentitionServicein the 196542—158542 Mite band (spacetoRarth)...See Appliation of the Bocing Company for Modificaton of Authorty For Use of the 1990—20252163—2200 MHe and Associted Frequency Bands for a MobileSatlite System and For Authoriy to Launch and Operatea Non—Geosynctronous Medium Earth Orbit Satlite System in the 2 Gie Band MobileSatellte Service and in the Aeronautcal RadionavigationSatelite Servie, Order and Authorization, 18 BCC Red 12317, 12332 (para 39) (InI Bureauand OBT, 2003) " See Licensing Space Sution in the Domestc Fzed—Satelite Service, Repor and Order 48 E. 40233 cos * See June 169 2004 Pubiic Notee u

Federal Communications Commission ba osi7a7 with the interference analysis pursuant to the Public Noti."" 35. On February 10, 2005, Lockheed amended its application to provide the Commision withthe interference analysis as requied by the Commission‘s rules and parsuant to our Public Notice. We find that this analysis conforms to the interference analysis rule and that the Lockheed LMRPSI space station at 133 W.L. complies with our two—degree spacing requirements.. We also conclude that granting the Lockheed LM—RPS application will not result in harmfulinterference to any previously Hcensed satelite 6. Milestones 36. In the First Space Station Reform Order, the Commission noting that milestones are intended to ensure that liensees provide servicet the public in timely manner,to prevent warehousing of searce orbit and spectrum resources, codified its generic milestone policy in Section 25.164 of is Rules:". Consistent with this, we require that Lockheed execute a binding contract for constraction of ts LM—RPSI 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 yoars D. Bond Requirement 37. In its First Space Station Licensing ReformOrder, the Commission eliminated the financialrequirements then in place and replaced them with a bond requirement.". Under this financial requirement, any entity awarded a license for a GSO satellte must exccute a payment bond, payable to the US. Treasury, within 30 days ofthe date ofthe icense grant. ‘The bond is payable upon filure to meet any implementation milestone in the license, where adequate justifiction for extending that milestone is not provided." Licensees may reduce the amount of the bond upon meeting each milestone." 38. In its Februsry 2004 Amendment, Lockheed requested a waiver of the bond requirement In its amendment Lockheed asserted that this requirement is ntended to deterthe fling of speculative applications by establishing signifcant financial consequences for leensees thatfal o proceed with heir applicants in a imely manner.® Lockheed further claimed thatits 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 pplicants that submited applications without notice that such additonalfinancial requirements might be imposed."" * See leter to Ms. Jenifer Warzen, Counsel to Lockeed Marifrom Thomas Tyez, Chict, Sutelte Division, FCC, dated anvary 26,2005. (Loctheed January 26, 2005 Leter) _ Seealso Lockheed Martin Corp, Amendment to Applcarionfor Authoriy to Launch and Operate a Global System of Geostationary Orbit Stelites in the Radionaigation Sateite Servce, Fle No. SAT—AMD—20050210— 00035, ied February 10, 2005 (Locked February 2005 Amendment. ® See First Space Station Reform Order, 18 FCC Red t 10628 (pan.173. * t 10826 (par. 170) 8 u. ® 1. at 1082627 fore. 172) 8 See Lockheod February 2004 Amendment at p. 17. # ue 12

Federal Communications Commission ba os.m7 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 rightsthat any applicant possessed when it filed its application, nor impose any new duty with respect t a transaction aready completed.""" Additionally, in the Fifh Space Starion Reform Order,the Commission reaffirmed thatthe "bond requirement applies to all lcenses granted after t requirement took effect regardless of when the appliation for each of thoselcenses was fled."" 40. Lockheed also requested a waiver of the bond requirement based on its intention to provide "public safety services." Lockheed argued that ts RPS space station will provide criical air navigation information through augmentation of the U.S. GPS system, enhancing the safety ofthe U.S. air traffic control system® 41. In its First Space Station Licensing Reform Order, the Commission stated thatit would entertain requests for complete or partal waivers of this bond requirement, butlimited its discusion to waivers "for satelte 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 safety itent," we determine whether the proposed satelite is whally or partally designed for the specific purpose of providing public safty 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 explaining its RNSS service, Lockheed stated tha ts proposed LM—RRS system will be used to ensure the transmission of more precise information for aircraft navigation, automated farming, mining opertions and other applications that rely on navigation and posiional preciion."*. Though we find that these commercialservices would further the public interest, we do not however conclude that they fill under the limited category of"public safety services." that the Commission intended for a walver. 43. Therefore, we deny Lockheed‘s walver request and require Lockheed to posta $3 million bond within 30 days ofthe release of this Order. If Lockheed does not submit this bond by the required date,this authorization shall be null and void. * See Firt Space Station Reform Order, 18 ECC Red at 10820 (pra.275) * d at 10821 (par27798), # See Amendmemt of the Commision‘s Space Sution Licensing Rules and Policies, Firs Order on Aeconsidertion and FifReport and Onde, 1B Docket No. (2—34, 19 FCC Red 12637, 12663.64 (paas. 71—72) (2003) (Fith Space Station Reform Order}. In this Report and Order, the Commissionals addressed arguments similar t the ones Lockheed raised in its February 2004 Amendment.. Specifically, the Commision refected Nortrop Gramman‘s argument that some parties that have prosecuted thir aplication for years, would now be "penalized" by a bond requirement. # See Lockheed February 2004 Amendment atp. 18. * See FirstSpace Starion Reform Order, 18 ECC Red at 10825 (par. 162. See also Mobile Satel Ventires Subsidiay, LLC, Applicatin for Authority Launch and Operat an L—band Mobile Satelite Service Satlite at63.° W.L. OrderandAuthorizaron. 20 FCC Red 479 (InI Bur.2005)(MSVOrder) % w See MSV Order, 20 FCC Red at491—92 (pars. 34—25) * See Lockheed February2004 Amendment at p. 12. 13

Federal Communications Commission ba osarer 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 qualiied to operate its LMERPS1 satelfite space station atthe 133° W.L. orbital location and that grant of the application, subject t the Timitations and conditions specified herein, will serve the publi interes, convenience, and necessity. 45. Accordingly, TT 1S 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—RPST space station abourd PanAmSst Corporttion‘s Galaxy XV satelite atthe 133 W.L. orbial location in the 6629.02—6649.52 MHz (Rarthto—space) and 6680.17—6700.67 MHz (Rarth—to—space) frequency bands for feeder uplinks and in the 1166.20—1186.70 Mz (GPS—LS) (spaceto—Barth) and the 1565.17—158567 MHz (GPSL1) (space—to—Rarth) frequency bands for RNSS service downlinks, in accordance with the terms, conditions, and technical specifiations set fort in its application, as amended, and this Order and Authorization. 46. IT 1 FURTHER ORDERED that Lockheed Martin Corporation‘s request to waive Section 25.116b)(1) othe Commission‘s rules 15 DENIED 447. TT 18 FURTHER ORDERED that Lockheed Martin Corporation‘s request to waive Section 25.149 of the Commission‘s rules 18 DENIED. 48. TT 1 FURTHER ORDERED that the Bocing Company‘s 1999 Petition to Deny and PanAmSat Satellite Corporation‘s 1999 Petiion to Deny in Part are DISMISSED AS MOOT. 49. TT 18 FURTHER ORDERED that the LMERPSL space station must be constructed, Inunched. and placed into operation in accordance with the tchnical parameters seforth in ts application and amendments and terms and conditions of this uthoriztion by these specified ime periods following the date of authorization: a. =— Execute a binding contraet for construction by 6232006; b.=— Complete the Crial Design Review by 6232007; . Commence constraction by 62372008; 4. Launch and begin operations by 6232010; . Lockheed Martin Corporation must post a $3 million bond with the Commission, pursuant to the procedures set fort in Public Notice, DA 03:2603, 18 FCC Red 16283 (2003), by O72505. Failure to meet any of these dates shall render this uthorization null and void without any further ation by the Commission. See 47 CRR. §§ 25.161 and 25.164. 50. TT IS FURTHER ORDERED that Lockheed Martin Corporation shall prepare the necessary information.as may be required,for submission to the TTU to intite and complete the advance publication, international coondination, due difigence, and notification process of this space sttion, in aecordance with the TTU Radio Regulations. Lockheed Martin Corporation shall be held responsible for all cost recovery feesassociated with these TTU filings. We also note that no protection from interference eaused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely. completed. or, with respect to individual: administrtions, by successfully complting coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coortination of the frequency assignmentsof other administrtions. See 47 CER. § 25.111(b). 14

Federal Communications Commission ba os—1747 51. TT IS FURTHER ORDERED that Lockheed Martin Corporation shall inform the Commission in writing of any disruption in service(s) lasting more than thity minutes. See 47 CER. § 2521009000). 52. TT 18 FURTHER ORDERED that Lockheed Martin Corporation shall not cause harmful interference to, nor claim protection from, stations of the aeronautial radionavigation service in the 1164— 1215 MHtz frequency band. 53. TT JS FURTHER ORDERED that Lockheed Martin Corporation shall comply with all requirements of TTU—R Resolution 609 (WRC—03) regarding its use of the 1164—1215 MHz frequency band. Specificaly, Lockheed is required to continue participating in the TTU—R Resolution 600 consulttion meetings and coordinate in good faith with other RNSS operators at the meetings. Additionally, Lockheed is required t report the resuls of these consultation mectings to the Commission within thit days after the conclusion of the meetings. 54. TTIS FURTHER ORDERED that Lockheed Martin Corporation is required to coontinate with the operator(s)of the U.S. GPS system in order to ensure maximum compatibility and to avoid causing any harmful interference to the GPS systems from it operations. In the event of any interference, either from complaintsreceived or ts 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 coortination of ts authorized uplink spectrum in the 6629.02—6649.52 MHz and 6680.17—6700.67 MHz frequency bands with terestrial FS operators pursuant to 425.203 of the Commission‘s rules prior to filing is earth station application. Lockheed is lso required to coordinate these frequency bands with all existing, authorized FSS system operators prior to commencing operations. Additionally, Lockheed Martin Corporation will not be entiled to protection from interference untl it has completed coortination. 56. TT 1S FURTHER ORDERED that the Hicense term for the LM—RPSL space station, Call Sizgn $2372, is fiteen years and will begin to run on the date that Lockheed Martin Corporation centfies to the Commission that the satelite has been successfully placed into orbit and its operation fully conforms to the terms and conditions ofthi authorization. 57. Lockheed Martin Corporation is afforded thity days from the date of adoption of this grant and authorization to decline this authorizaton as conditioned. Failure to respond within this period will constiute formal acceptance of the authorization as conditioned. is

Federal Communications Commission baos—t747 58. This grant is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 CER. § 0.261, and is effective upon release.. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commissions rules, 47 CFR. §§ 1.106, 1.115, may be filed within 30 days ofthdate of the public notice indicating that this action was taken. FEDERAL COMMUNICATIONS conMISSION Donald Abelson Chief International Bureau 16


Document Created: 2005-06-28 16:49:53
Document Modified: 2005-06-28 16:49:53
© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC