Attachment DA 06-4

DA 06-4

ORDER & AUTHORIZATION submitted by IB,FCC

DA 06-4

2006-01-03

This document pretains to SAT-LOA-20050311-00061 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2005031100061_473926

Federal Communications Commission DA 0641 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) AFRISPACE, INC. ) 1B FileNo.— SAT—LOA—20050311—00061 ) Application for Authority to Launch and ) CallSign: S2666 Operate a Replacement Satellite, AfriStar—2, ) at 21° EL. and to Co—locate It with AfiStar—1 ) ) ORDER AND AUTHORIZATION Adopted: January 03, 2006 Released: January 03, 2006 By the Chiet, International Bureau: 1. INTRODUCTION 1. By this Order, we authorize AftiSpace, Inc. (AffiSpace)to launch and operate the AfriStar—2 satellite in the geostationary—satellite orbit (GSO) at the 21° East Longitude (E.L.) orbital location. AfriStar—2 is controlled from the United States and is capable of providing Broadcasting—Satellite Service (sound) (BSS (sound)) to Affica and Burope on a non—common carrier basis. We authorize AfriStar—2 to operate downlinks within 2.6 megahertz of spectrum in each polarization with a center frequeney of 1479.5 MHz. We also authorize AfriSpace to utlize feeder links and telecommand links for the AftiStar—2 satellite in the 7025—7075 MH frequency band, to operate its telemetry link for the AfriStar—2 satellte at a center frequency of 1491.7 MHz, and to co—locate the AfriStar—2 satellite at 21° EL. with the AfriStar—1 satellte currently in orbit. In addition, we grant AfriSpace a waiver of the Commission‘s rule regarding transponder saturation fux densities for the AfiStar—2 satellite. These authorizations give AftiSpace the capability to continue to provide service to existing customers despite unanticipated technical difficulties experienced by the AfriStar—1 satellite and to serve new customers, conditioned on AffiSpace complying with the applicable laws, regulations, rules, and licensing procedures of any countries it proposes to serve. ! AfriSpace is a wholly—owned subsidiary of WorldSpace, Inc._ See AfriSpace, Inc., Application for Authority to Launch and Operate a Replacement Satelite, AfriStar2, at 21° EL. and to Co—locate it with AfriStr—1, File No. SAT—LOA—20050311—00061 (filed March 11, 2005) (AfriStr—2 Application) at Extibit E. ‘47CFR.§252100).

Federal Communieations Commission Da 064 11. BACKGROUND 2.. In 1999, the Commission authorized AfriSpace to launch and operate the AftiStar—1 GSO satellite at 21° EL. to provide BSS (sound) service on a non—common cartier basis to satellite radio receivers in Africa and the Middle East in the 1452—1492 MHz frequency band." Since that authorization, AfriStar—1 has been providing 35 channels of audio programming to Affica and the Middle East, and reaches an estimated 245,000 receivers." AftiSpace‘s programming includes news, sports, and music, as well as specialized programming, such as distance education programs provided in conjunction with the Kenya Institute of Education and the Pakistan Education Initiative? In addition, AfriStar—1 transmits information throughout Aftica and the Middle East for the U.S. Air Force Weather Agency and provides information and entertainment programming to U.S. Armed Forces stationed in these regions.®. AfriSpace states that, due to the better—than—expected sensitivity of AfriSpace‘s radio receivers, the service area of" the AfriStar—1 satellite can be expanded to include parts of South Asia and Westen Europe within the —8 dB contour of the satellite‘s footprint. By letter dated April 8, 2004, AfriSpace notified the Commission that it was serving these spill—over areas under its existing space station authorization " 3. On March 11, 2005, AftiSpace filed an application to launch and operate a satellte, AftiStar—2, that will eventually replace AffiStar—1.". In its application, AfriSpace states that the AfriStar—1 space station needs to be replaced sooner than anticipated due to degradation of the satellte‘s solar array panels, which will significantly reduce the amount ofpower available to the satellte and thus reduce its expected service life." Without full power, AfriSpace states that it will need to begin shutting off transponders by 2008, which is three years earlier than the satellite‘s projected end of useful life."" AffiSpace states that shutting off transponders would reduce the capacity available on AfriStar—1 and decrease the services provided to the public." * AfriSpace, Inc., Order and Authorization, 15 ECC Red 1632 (Int‘l Bur. Sat. and Rad. Div. 1999) (1999 AfriSpace Authorization Order). * AfriStar—2 Application, Exhibit A at 4. *T4 ies * tdats. "ldard. * 14 at4, .12, eiting Lettr from Tara K. Giunta to Marlene H. Dortch, FCC, dated April 8, 2004. See also Amendment to the Commission‘s Regulatory Policies Govering Domestic Fixed Satelites and Separate International Satellite Systems, Report and Order, 11 FCC Red 2429 (1996X(DISCO 1). Under DISCO 1, US—licensed satelites may serve all areas covered by their footprint without further Commission approval, subject to any necessary foreizn approval to serve a particular country. See id arzaz0 ? See supra, note 1. © AfriSter2 Application, Exhibit A at 6. AfriSpace has traced the degradation to a darkening ofthe cells of the space station‘s solar amays. 24. at 6 " 14 ar?. " 14

Federal Communications Commission Da 064 4. To prevent a reduction in services, AfriSpace requests authority to launch the AfriStar—2 satellite to the 21° EL. orbital location in 2006 and to co—locate it with AfriStar—1." AfriSpace states that by co—locating the satelltes it will be able to consolidate traffic and tum off channels on AfriStar—1 as the power output of the satellite‘s solar arrays falls below the level necessary to operate all six transponders." By consolidating traffic and turning off channels on AfriStar—1, AfiSpace claims that it will be able to manage better the waning power resources of AftiStar—1 and extend the usefullife of the space station for perhaps 12—18 months, into 2009." 5. According to AfriSpace‘s application, AftiStar2 will operate within the same authorized downlink frequency band, 1452—1492 MHz, as AfriStar—1."*. AfriStar—2 will transmit two 2.6 megahertz—bandwidth time division multiplexing (TDM) service link channels, each operating on a center frequency of 1479.5 MHz, one using right—hand circular polarization, and the other using lef—hand circular polarization.""_ AfriSpace states that AfriStar—2 will utlize the same network of telemetry, tracking, and control (TT&C) earth stations as those used to maintain the AfriStar—1 space station."" Further, AfriSpace will transmit TT&C with a center frequeney of 1491.7 MHz using right—hand circular polarization."" AfriSpace also states that service will be uplinked to AfriStar—2 using the same 7025—7075 MHz frequency bands that it currently uses for ® 14. "1 5 24 at 7—8.. Although AfriSpace does not seck such authority in this application, it informs thatit intends to request authority to Taunch and operate a third satellite, Afritar3, in 2009 in order to provide continuity ofservice to areas not served by AfriStar—2 once AfriStar—1 no longer has sulcient power to operate. 1d. at 10. "* AfriStar—2 Application, Exhibit A at 7. " AfriStar2 Application, Form 312 — Schedule S (Technical and Operational Description) at 6. For efficient reception of the service link transmissions, AfriSpace‘s receivers must use cireularly—polarized antennas, so that if the right—hand circularly polarized signal is desited, the receiver can discriminate against the lef—hand cireularly polarized signal, and viee—verso. " AfriSta—2 Application, Exhibit A at 11. AfriSpace refers to ts 1999 application for full iscussion of the ground stations that track, control and monitor its system. See id at n.15. As part ofits 1999 application, AfriSpace states that a Regional Operations Center (ROC) in Washington, D.C, will manage the performance and operations of AfriStar satelite systems, including the. on—board communications payload. The Washington, D.C. center will control and facilitate the delivery and quality ofthe signals to the satellite and route them through the onboard communications payload to their appropriate downlink carriers. The Washington, D.C., control center is currently connected to earth sttions in Bangalore, India, and Port Luis, Mauritus by dedicated telephone lines._ AfiSpace states that these stations are "largely unmanned and contralled directly from the ROC in Washington, D.C. and that local contractors provide maintenance of these stitions on an "as needed" basis AfriSpace further states that the ROC in Washington, D.C.is the control center for all operations of the satellte, and can fum off any transponder if there is a technical problem, can control individual channels on half ofthtransponders and is being equipped to relayU.S—originated programming toits serviceareas. See 1999 AfriSpace Authorization Order, 15 ECC Red at 1633—34 (pora. 5. " AfriStar2 Application, Form 312 — Schedule S (Technical and Operational Description) at 6. We note that the AfriStar—1. satelite uses the same frequeney and polarization for its telemety transmissions asthat proposed for the telemetry trnsmissions of the AfriStar—2 satelite, 3

Federal Communications Commission ba 04 AftiSter—1 through feeder link stations in South Africa,the United Kingdom, and Kenya, which are licensed and coordinated in their respective countries." 6. The AfriStar—2 Application was placed on Public Notice on March 18, 2005."" Ondas Spain, SL (Ondas) filed a petition to deny." Ondas is secking to implement a competing BSS (sound) system in Europe using satellites in non—zcostationary satellite orbit (NGSO) and asserts that authorization of the AfriSter2 satellite by the Commission: would preclude the implementation of Ondas‘s system and create "significant jurisdictional issues between the U.S. and Europe.""" AfriSpace opposes the petition to deny."" In addition, the Agence Nationale des Fréquences of the Republic of France filed a leter expressing a desire for close coordination between the U.S. and French administrations on the development of a European Satellte Digital Radio program (E—SDR) that will use the same frequency assignments as those requested for AfiStar2." 111. DISCUSSION A. Processing Procedure 1.. Inapplicability of Replacement Satellite Procedures 7.. AffiSpace requests us to process ts application pursuant to the Commission‘s policy for replacement satellites.® In the First Space Station Licensing Reform Order," the Commission reiterated its policy governing the replacement of GSO satellites."" Under this ® AfriStar2 Application, Exhibit C at 1 "" Public Notice, Policy Branch Information: Satellite Space Applications Accepted for Filing, Report No. SAT—00279 (Mar. 18, 2005),. Although AfriSpace filed as an application for a replacement satellt, the iitalfile number designation of SAT—RPL—20050311—00061 was changed to SAT—LOA— 20050311—00061, without prejudiceto the determination of itreplacementstatus. See id. * Ondas Spain, SL, Petition to Deny, File No. SAT—LOA—20050311—0061 (filed Apr. 18, 2005) (Ondas Petition to Deny). * tdara * AffiSpace, Inc., Oppositin of AfriSpace, Inc. to Petition to Deny, File No. SAT—LOA—20050311— 00061 (filed May 3, 2005) (AfriSpace Opposition). * Letter from Frangois Rancy, Director General, Agence Nationale des Fréquences, to Thomas S. Tyez, Chief, Satellte Division, FCC, dated April 20, 2005 (Rancy Lette. * AfriStar2 Application, Exhibit A at 11. * Amendment ofthe Commission‘s Space Station Licensing Rules and Policies, Frst Report and Order and Further Notice ofProposed Rulemaking, TB Docket No. 02—34, 18 ECC Red 10760 (2003) (First Space Station Licensing Reform Order) * First Space Station Licensing Reform Order, 18 FCC Red at10854—55 (para. 250),citing Assignment of Orbital Locations to Space Stations in the Domestic Fixed—Satelite Service, Memorandum Opinion and Order, 3 FCC Red 6972, 6976 m31 (1988) (1988 Order Assignnent Order); Mughes Communications Galaxy, Inc., Order and Authorization, 6 ECC Red 72, 74 n.7 (1991) (Hughes Replacement Order); GE American Communications, Inc., Order and Authorization, 10 FCC Red 13775, 13775—76 (para.6(In‘I Bur. 1998) (GE Americom Replacement Order). a

Federal Communications Commission Da t6 policy, the Commission will generally authorize a replacement satelite at the same orbital location as the satellite it intends to replace, so long as the orbit location remains available for a U;S. satellite with the technical characteristics of the proposed replacement satellite." A replacement satellite need not be technically identical to the satellteit is replacing, but must be operated at the same orbit location, in the same frequency bands, and with the same coverage area as one of the licensee‘s existing satellites. * The Commission acts on applications for replacement satellites as they are filed and outside of the frameworks established for processing applications in the First Space Station Licensing Reform Order." 8. We conclude that AfriStar2 does not satisty the Commission‘s criteria for a replacement satellte because AfriStar—2 has a substantially different coverage area than AfiStar— 1. Although the coverage pattems of AfriStar—2 and AfriStar—1 would overlap over northwesten and northeastem Africa and parts of Westem Europe, the footprint of AfriStar—2 is centered over Europe and would permit greater signal strength into Burope, as well as the westem parts of Russia,than that currently provided by AfriStar—1.". Further, the coverage area includes teritory not accessible by AfriStar—1.. Because of the differences in the footprints of the AfriStar—2 and AftiStar—1 satellites, we conclude that AfriSpace‘s request to classify AfriStar—2 as a replacement satelite is not consistent with the Commission‘s rules and will consider AfriSpace‘s application as a request for new authority. 2. Waiver of Processing Round Procedures 9.. In the First Space Station Licensing Reform Order, the Commission adopted various procedural reforms to expedite the licensing process for most satellite services."" As part ofthese ® First Space Station Licensing Reform Order, 18 FCC Red at 10855 (para.250), citing 1988 Order Assignment Order, 3 FCC Red at 6976 n 31; GE Americom Replacement Order, 10 ECC Red at 13775— 76 (par. 6) * 47 CFR. § 25.165(6).. In the past, the Commission has considered applications for replacement satellites with greater coverage areas than the original satelltes, but the Commission revisited this policy as part of the First Space Station Licensing Reform Order.. See First Space Station Reform Order, 18 FCC Red at 10857 (para. 258), iting Application of Columbia Communications Corporation for Modification of Authorization to Permit Operation of Ku—band Satellite Capscity on the Columbia 515 Satellite Located at 37.7° West Longitude, Memorandion Opinion and Order, 16 ECC Red 12480, 12483—84 (para. 9)(Int‘l Bur. 2001). Accordingly, greater coverage areas are no longer included in a Hicensee‘s replacement expectancies.. See First Space Station Reform Order, 18 FCC Red at 10857 (para. 258) " First Space Station Licensing Reform Order, 18 ECC Red at 1085 (pars. 250), citing GE Americom Replacement Order, 10 FCC Red at 13775—76 (pars. 6 Loral Spacecom Corp., Order and Authorization, 13 FCC Red 16348—16440 (para.5) (In‘I Bur.,Sat. & Rad. Div. 1995). " AfriSta:2Application, Exhibit A at 8—9 (providing the gain contours of the AfriStr—1 and AfriStar—2 space stations) " The Commission‘s space station lcensing reforms do not apply to applications for Direct Broadeast Satellite (DBS) or Digital Audio Radio Satellite (DARS) licenses. See Airst Space Station Licensing Reform Order, 18 FCC Red at 10764, n4. Because AfriSpace does not seek to operate in frequency bands allocated to DBS and DARS in the United States, its application does not fll nto ither ofthese exceptions and is subjecttothe Commission‘s space station lcensing reforms. s

Federal Communications Commission ba d64 reforms, the Commission adopted two separate licensing frameworks for satellite systems — a modified processing round procedure and a "first—come, first—served" approach". Under the modified processing round procedure, the first—filed application for a particular frequency band is placed on public notice and parties are invited to file other potentially competing applications by a specified cut—off date." All applications filed by the cut—off date are considered concurrently, and the Commission then issues licenses by dividing the available spectrum equally among the qualified applicants."* By contrast, under the "firs—come, first—served" approach, the first—filed acceptable appliation for a particular satellte license is considered before considering other applications requesting to use the same spectrum."". The Commission issues a public notice inviting comment on the application and places subsequently—fled, mutually exclusive applications in a quene according to their time of filing." If the first—filed application is not technically incompatible with any licensed satellite system, the Commission will grant it Ifthe Commission cannot grant the first—filed application, it dismisses it and considers the next application in the queue." 10. The selection of a processing procedure depends on whether the satellite system is "NGSO—like" or "GSO—like" in nature.® The Commission defined NGSO—like satellte systems as those in which the earth station has litle or no directivity towards a satelite so that the earth station must track the satellite in all directions, such as hand—held satellite telephones." NGSO systems generally cannot operate on the same spectrum without causing unacceptable interference to each other.© GSO systems, however, employ carth stations with antennas with directivity towards the satellites." As a result, GSO satellites can operate on the same spectrum at two—degree orbital spacings."* 11. Although the AfriStar—2 satellite will be placed in a geostationary satellite orbit, the subscriber receivers that are part of the AfriSpace system have little or no directivity towards a sutellite. Thus, AfriSpace‘s use of the 1452—1492 MHz frequency band is considered as NGSO— like for the purposes of our processing procedures." This means that its request to use the 1452— 1492 MHz frequency band would typically be considered in a modified processing round where * First Space Sation Licensing Reform Order,18 ECC Red at 10769 (parn. 13). " 1d.at1078243 (parn. 48. * 1. " 14. at 10774 (pora. 24). "t4. "t. °* See First Space Station Licensing Reform Order, 18 FCC Red at10773 (para. 21). "1. 1. ® 1. * * While the AfriSpace subseriber receivers may provide a limited amount ofdirectivity, they are unable to discriminate between satelites on the geostationary are that are visible above the horizon. 6

Federal Communications Commission Da te+ competing applications are invited and considered concurrently, under the rules adopted in the First Space Station Licensing Reform Order. 12. The Commission has, however, waived the modified processing round procedure for NGSO—like system applications when, as a practical matter, it would not be possible to authorize a competing NGSO—like system with the same parameters as the proposed NGSO—like system. For example, in Mobile Satellite Ventures the Interational Bureau waived the processing round requirement and considered an application for an NGSO—like satellte that was to serve South America without inviting competing applications." In that case, the applicant‘s proposed South American satellite was to operate on the same frequencies as the applicant‘s already licensed NGSO—like satellite serving North America. The Bureau found that the applicant was secking to use existing licensed spectrum to serve a new geographic area and, in this particular frequency band, any other prospective NGSO system operating in this spectrum in the new geographic service area would be likely to cause harmful interference into the applicant‘s existing operations." Because the Commission will not authorize new systems that would cause interference to licensed U.S. systems," the Bureau would not lcense another NGSO—like satellite to operate in the same frequencies as the North American satellit. Thus, if we did not license the co—frequency, co—owned South American satellite, whose licensee could. self—coordinate operations on both satellites, we would be preventing any U.S.—licensed system from offering service into South America in those frequency bands. Accordingly, the Bureau waived the modified processing round procedure and immediately considered the South American satellite application." 13. Cireumstances require the same treatment of the AfriStar—2 application. AfriSpace does not seck authorization to use any additional spectrum in the 1452—1492 MHz frequency band.: Rather, AfriStar—2 will use frequencies within the 1452—1492 MHz frequency band that the AfriStar—1 satelite is already authorized to use. In the 7999 AfriSpace Authorization Order, the Satellie and Radiocommunication Division authorized AftiSpace to launch and operate the AftiStar—1 satellite to provide BSS (Sound) service in the 1452—1492 MHz frequency band in accordance with technical specifications set forth in its application." In its application for AfriStar—1, AfriSpace stated that it would transmit six service link signals in three antenna beams, two signals per beam."" AfriSpace stated that it could tune the frequencies of these * Mobile Satelite Ventures Subsidiary LLC, Order and Authorization, 20 FCC Red 479 (Int‘! Bur. 2005) (Mobile Satelite Ventures) °4 at 482 (par. $ * First Space Station Licensing Reform Order, 18 FCC Red at 10806 (parn. 113) ® Mobile Satelite Ventures, 20 FCC Red at 482 (parn. 8). "* See 1999 AfriSpace Authorization Order, 15 ECC Red at1637 (parn. 14). " See Amendment toits Application for Authority to Construct, Launch, and Operate a Subregional Aftica and Middle Eastem Satelite Sound Broadcasting Transmission System, File No. C9S—90—017, TBFS File No. SAT—AMD—19990125—00016 (filed January 25, 1999), Attachment2 at1. The original AftiStr—1 service link antenna beams listed in the AfriStar—1 Application Amendment were designated AD, BD, and CD. Beam AD was aimed at northcastem Mali, beam BD was aimed atsoutheastemn Sudan, and beam CD was aimed at northern Botswan. AfriSpace has since amended its TTU filig to (continged...) 7

Federal Communications Commission Da 064 signals in steps of 920 kilohertz across the 1457—1492 MHz band." AffiSpace‘s service area includes the teritories within the —8 dB antenna patter contours of AfriStar—1‘s three antenna beams." Upon examinstion of the AfriStac1 antenna beams, using. the ITU Radiocommunication Bureau‘s GIMS software,"" we find that their combined service area covers the entie African continent, as well as large portions of southem and western Europe, the Middle East, and the eastem part of South Asia, as well as smaller portions of eastern Europe and the Russian Federation. In addition, AfriStar has notified the Commission that it is providing service to parts of Westem Europe using AfriStar—1." Based on our understanding of L—band space station antenna designs, and given the large geographic coverage area of AfriStar—1, we conclude that we could not authorize another BSS (sound) operator‘s space station in the 1457—1492 MHz band and above the horizon at the location of an AfriStar—1 receiver without resulting unacceptable interference to the AfriStar—1 network." 14. Therefore, we waive application of the modified processing round procedure in this instance. Further, since AfriSpace can self—coordinate the operations of AffiStar—2 with those of AftiStar—1, we can authorize the AfriStar—2 BSS (sound) space station. Consequently, we will waive the modified processing round requirement for NGSO—like systems in this situation and will award AfriSpace authority to construct and launch AfriStar—2 if t is otherwise qualified. 3. Application of First—Come, First—Served for FSS Feeder Links 15. We find that AfriSpace‘s request for fixed—satellite service feeder links in the 7025— 7075 MHz frequency bands is governed by the first—come, first—served policy for GSO—like satelltes set forth in the First Space Station Licensing Reform Order. There are no prior requests to use these frequencies at, or within two degrees of, the 21° E.L. orbital location, and AfiSpace states that it has already coordinated use of these frequencies." Consequently, we grant AffiSpace license to operate on these frequencies if t is otherwise qualified. (Continoed rom previous page) ————————————— show beams AD2, BD2, and CD2, which are aimed slightly to the east ofthe corresponding beams in itsearler filing. * See AfriStar—l Application Amendment, Attachment 2 at3. AfriSpace stated that the carier frequenciesfo itstransparent mission are settable from 1453844 MHz to 1490.644 MHz in steps of 920 kiz and the carrir frequencies for ts rocessed mission are settable from 1453.364 MHtz to 1490.184 Mz i steps of 920 kH, and that it could select any center frequency in these ranges for transmission ofa 3.68 MHTDM carrier in any one ofthe downlink spotheams.. Seeid. ® AfriStar—2 Application, Exhibit A at 4. ** See hitp//ww ty intTTU—R/software/space/gims/index himil for a description ofthe GIMS software 5 See supra, note 8. * It would be very difficult to design an I—band space station antenna that would have be able to serve an area visible from the orbital location of AfriStr—1 and atenuate its emissions sufficiently within the combined service area of AffiStar—1 so as not to cause unscceptable interference to t AfriStar—1 BSS (sound) network, * AfriStar2 Application, Exhibit C at1.

Federal Communications Commission Da 06 s Use of Spectrum Resources 16. AfriSpace requests authority to operate using the entire 1452—1492 MHz frequency band. ts application, however, reveals that the AfriStar—2 system will, in fact, use only 2.6 megahertz of this requested spectrum in each polarization with a center frequency of 1479.5 MHz." Accordingly, although we authorize AfriSpace to construct and Taunch AfriStar2 with the ability to operate in the entire 1452—1492 MHz band, we authorize the AfriStar—2 satellte to operate using only 2.6 megahertz of spectrum in each polarization with a center frequency of 1479.5 MHz. If AfriSpace seeks to operate AfriStar—2 on any other spectrum in the 1452—1492 MHz band, it must file a modification application to do so. 17. Further, we recognize that Resolution 528 of 1992 World Administrative Radio Conference specifically limits satelite operations in the 1452—1492 MHz frequency band to the upper 25 megaherte of that band (that is, 1467—1492 MHz)." Resolution 528 also states that satellte operations in the lower 15 megahertz of this frequency band (that is, 1452—1467 MHz) are not to begin prior to the conclusion of a planning conference, which has not yet been held." In addition, ITU Recommendation ITU—R F.1338 addresses sharing between GSO BSS (sound) and the Fixed Service (FS) in the lower 15 megahertz of the 1452—1492 MHz frequency bands, and recommends threshold levels of power flux density (pfd) for coordination of GSO space stations with FS analog and digital systems in this lower band segment." AfriSpace states that AffiStar—2 will exceed these coordination thresholds within its service area, and that it anticipates conducting extensive coordination prior to bringing into use satellite service in the 1452—1467 MHz frequency band:®. Because we are not authorizing AfriStar—2 to operate in this band, we need not further address this issue. Nevertheless, once the operations of AfriStar—2 have been successfully coordinated. pursuant to Resolution 528 and ITU—R F.1338, AfriSpace may seek to modify its authority to include operations in these frequencies. C. Legal Qualifications 18. In considering applications to launch and operate a new satellite system, we must determine whether the grant will serve the public interest.. In making this determination, we consider whether the applicant is Tegally, technically, and otherwise qualified to launch and operate the satellte. AfriSpace already holds a Commission satellite license, and no one has questioned its legal qualifications to acquire a new satellte license.. In addition, AfriSpace has " AfriStar2 Application, Exhibit B at 2.3 (stating that the AfriStar—2 system will uilize a single L band spot beam covering Europe, North Africa,and South Asia, that will broadcast two TDM carriers ofapproximately 2.6 MHz ofbandwidth each). " See Interational Telecommunication Union, Final Acts of the World Administrative Radio Conference (Malaga—Torremolinos, 1992) (FinalAct). ® Final dets at 239 5 TTU Recommendation ITU—R F.1338, Threshold levels to determine the need to coordinate between particular systems in the broadeasting—satelite service (sound) in the geostationary—satellite orbit for space—to—Rarth transmissions and the fixed servicein the band 1452—1492 MHz (Question TTU—R 111/9) (iso7 © AfriSt—2 Application, Exhibit C at 3.

Federal Communications Commission Da 64 provided information about the directors and officers of AftiSpace and its parent company, WorldSpace, and has provided a list of sharcholders holding more than 10 percent of WorldSpace‘s shares.® Accordingly, we find that AfriSpace is legally qualified to hold a satelltelicense. D. Technical Qualifications 19. AfriSpace has provided the required information on the technical parameters of AfiStar—2 pursuant to Section 25.114 of the Commission‘s rules."* Upon review, we find that AftiSpace has demonstrated compliance with the Commission‘s technical requirements, or has justified a waiver ofthese requirements. 1. Section 25.210(c) Waiver 20. Section 25.210(c) of the Commission‘s rules requires FSS space stations to have a minimum capability to change transponder saturation flux densities by ground command in 4 dB steps over a range of 12 dB."" The Commission previously dismissed an application for AfriStar— 2 because the AffiStar—2 satellite has a maximum input attenuator value ofonly 9 dB and because AfriSpace had not sought a waiver of Section 25.210(c).®_ AfriSpace re—submits its application containing the same maximum input attenuator value as before, but now specifically requesting a waiver of Section 25.210(c)."" 21. We conclude that waiver of Section 25.210(c) is appropriate in this case. Generally, the Commission may grant a waiver ofitsrules in a particular ease of the relief requested would not undermine the policy objective of the rule in question and would otherwise serve the public interest." The policy objective of Section 25.210(c) is to prevent harmful interference between satellites by allowing operators to equalize the uplink power levels between cartiers accessing adjacent transponders within the same satellte:" It can also assist in adjacent satellite coordination by adjusting the sensitivity ofthe satellite to satelliteinterference."" ® AfriSta—2 Application, Exhibit E. tnCBR 5 25.114. ®47 CBR. § 25.210(c). Transponder saturation flux densitesare a measure of a satllite‘s sensitivity or overall trmsponder gxin. The higher the saturation flux density, the more potentially interfering is the uplink and the more resistant to iterference. °* See Letter from Thomas S. Tyez, Chief, Satelite Division, FCC, to Brian Park, AfriSpace, Inc., File No. SAT—LOA—20040728—00150, DA 05—601, dated March 4, 2005 ©"See AfriStar—2 Application, Exhibit D at 4—5. " See Visionstar Inc., Appliation for Modification of Authority to Construct, Launch and Operate a Ka—Band Satelite System in the Fixed Satellite Service, Memorandion Opinion and Order, 19 ECC Red 14820, 14826 (pare. 15) (2004) (citing WAIT Radio v. FCC, 418 F2d 1153, 1157 (D.C. Cir. 1969). " See Amendment of Part 25 of the Commission‘s Rules and Regulations to Reduce Alien Carrier Interference Between Fixed—Satelltes at Reduced Orbital Spacings and to Revise Application Processing Procedures for Satelite Communication Services, Second Report and Order and Further (continued...) 10

Federal Communications Commission Da te4 22. We find that the purpose of Section 25.210(c) will not be undermined in this instance by permitting a maximum attenuator range of 9 dB, instead of 12 dB, because the lower maximum input attenuator value of the AfriStar2 satellite is unlikely to result in harmful interference between satelltes or hinder coordination with adjacent satelites."" AfriSpace notes thatit intends to operate with feeder link earth station with antenna diameters of 4.8 meters or larger and will uplink only digital carriers."". Furthermore, AfriSpace observes that its research reveals only six other satelites that have plans to uplink in the feeder link frequency bands utilized by AfriStar—2 (Ze., 7025—7075 MHz) and thatall these networks also plan to uplink only digital carriers."" As a result, the chance of interference between all digital carriers will be less than the chance of interference resulting from all analog carriers or a mix of analog and digital carriers. AfriSpace also states that it will accept any incremental inference level that may result from its reduced attenuation range."" The Commission has waived Section 25.210(c) in the past where a waiver did not undermine the operator‘s ability to coordinate its system with other satellte networks."" For the same reasons, we find a waiver of Section 25.210(c) is appropriate for the AfriStar—2 satellite. 2. Orbital Debris 23.In its application, AffiSpace provides a namative describing the design and operational strategies it will use to mitigate orbital debris."®. AfriSpace states that it has assessed the likelihood of the release of debris during normal operations and states that there will not be any such planned release of debris."" It also states that it has considered possible collisions with small debris and/or meteoroids and has taken steps to limit the effects of such collisions."* These steps include the use of redundant systems and shielding, and careful placement of components to ensure that such a collision would not cause loss of contral ofthe spacecraft or prevent proper (Continued tom previous page) ———————————— Notice ofProposed Rulemaking, CC Dockt No. 86—496, 8 FCC Red 1316, 1317 and 1318 (paras. 5 and 12) (1993) (Alien Carrier Iterference Second Report and Order). "" See Alien Carrier Interference Second Report and Order,8 ECC Red at 1318 (parn. 12. "* We also note that AfriSpace will be the sole entity accessing the AfriStan2 satellite, so that the underlying purpose of the rule to equalize the uplink power levels between carriers accessing adjacent transponders within the same satelite i not applicable in this instance. " AfriStar—2 Application, Exhibit D at 4. Anterna diameter is important because it affects antenna gain, which reduces the earth station power requirement. Increasing the antenna diameter produces narrower main beams, which decreases the potential of unseceptable interference to adjacent stelites. " 14 "r4. " See Applications of Intelsat LLC for Authority to Operate, and to Further Construct, Launch, and Operate C:band and Ku—band Satelites that Form a Global Communications System in Geostationary Orbit, Memorandum Opinion and Order, 15 FCC Red 15460, 15502—03 (para.107) (2000). * AfriStar2 Application, Exhibit B at 3—5, See generally Mitigation of Orbital Debris, Second Report and Order, 1B Docket No. 02—54, 19 FCC Red 11567 (2004) (Orbital Debris Second Report and Order) 7 AfiSter—2 Application, Exhibit B at 3. "14. u1

Federal Communications Commission ba o6 post—mission disposal." AftiSpace states that it has taken steps to limit the probability of accidental explosions during and after completion of mission operations." During operations all battery pressures and temperatures will be continually monitored for conditions that could result in battery fragmentation, and corrective action will be immediately taken if there are any indications of an abnormal rise in battery temperature or pressures."". In addition, AfriSpace states that steps will be taken at end of life of the AfriStar—2 satellite to ensure that all traveling wave tube amplifers (TWTAs) are outgassed, all residual fuel is consurned, and all fuel latch valves are placed in an open position." 24. AftiSpace states that AfriStar—2 will be co—located with AfriStar—1 at 21° E.L. and that both satelltes will operate within the required # 0.05 degree station—keeping volume of space at this location.®". As operator of both satellites, AfriStar states that it will be able to plan station— keeping mancuvers to maintain both satelites at the same nominal location without risk of collision with each other."* With the exception ofAffiStar—1, AftiSpace states that it is not aware of any known satellites located at, or reasonably expected to be located at, 21° EL. AfriSpace also states that it will evaluate its launch and deployment plans and will, on a continuing basis, exchange information on orbital parameters and station—kecping maneuvers with the operators of satellites at adjacent locations.®*. AftiSpace also states it intends to contract with an appropriate agency that can supply information regarding large orbital debris that may pose a threat to AfriStar—1 and AfriStar2." 25. AfriSpace confims that it plans to dispose of the AfriStar—2 satellite at the end of its mission life by manuvering it into a storage orbit above geosynchronous Barth orbit and has computed the recommended increase in the spacecraf‘s perigee alttude according to the formula developed by the Interagency Space Debris Coordination Committee (IADC)."*_ AfriSpace has provided the data for the AftiStar—2 satellite that was used to compute this minimum perigee "1u. " AfriStar2 Application, Exhibit B at 4. "1a. ®I4.. Furthermore, oncedisposed to the storage orbit, the spacecraft battry trickle charges will be communded off and all automatic battery charging sequences will b disabled. See id ® 14. " u. ". " 1i "na " AfriStar2 Application, Exhibit B at 4:5, ‘The IADC formula for determining the minimum perigee altitude above GSO for disposal of GSO spacecraft is: 235 km + (1000 C, * A/m), where C, is the solar radiation pressure coefficient, and A/m is the aspect area (m) to diy mass area. 12

Federal Communications Commission ba 064 altitude.""_ Because of this computation, AfriSpace states that it estimates a minimum increase in perigee altitude of not Tess than 293.443 km at end oflife." In order to achieve this minimum increase in perigee altitude, AfriSpace states that it will reserve 9.29 ke of propellant for end—of— life maneuvers."". We conclude that the plan presented by AfriSpace for the AfriStar—2 satellte demonstrates its operation raises no public interest concems related to orbital debris. E. Bond Requirement 26. In the Space Station Licensing Reform Order, the Commission eliminated financial requirements then in place and replaced them with a bond requirement.". The bond requirement is intended to ensure that licensees are financially able and committed to implementing their licensed systems in a timely manner and are not warchousing spectrum to the exclusion of other satellite systems.. Under this requirement, any entity awarded a license for a GSO space station must execute a payment bond, payable to the U.S. Treasury, within 30 days of the date of the Hicense grant."" The bond is payable upon failure to meet any of the implementation milestones included in every license, where adequate justification for extending that milestone is not provided."" Licensees may reduce the amount ofthe bond upon meeting each milestone." 27. AfriSpace requests that the Commission refrain from applying its milestone and bond requirements to the AfriSpace—2 satellite.*. AfriSpace bases ts request on two grounds. First, it argues that AfriStar—2 qualifies as a replacement satellite for AfriStar—1 and is thus not subject to milestones or bond requirements."" Altematively, AfriSpace argues that there is good cause for waiver of the Commission‘s milestone and bond requirements."" 28. We agree that good cause exists to waive the Commission‘s bond requirements for AfriStar—2.. Although we conclude that AfriStar—2 does not satisfy the Commission‘s criteria for replacement satellites," we concur with AfriSpace that there is no reason for concem about spectrum warchousing in this instance, because the orbital location and frequencies requested for " Td as. " u. "w " First Space Suation Licensing Reform Order, 18 ECC Red at 10826 (para.170). " Although AfriStar—2 is treated as NGSO—like for purposes ofthe selection of the appropriate space station licensing procedure, the application of the Commission‘s milestone and bond requirements depend on the actual physical nature of the space station, not on the ability of the space station to share spectrum with other liensees " First Space Sation Licensing Reform Order, 18 ECC Red at 10826 (para.170). " 1d. at 1082627 (pore.172). " Afrtar—2 Application, Exhibit D at 1. " u. "w " See supra, Part IILA.1. 13

Federal Communieations Commission Da 064 AftiSter—2 are currently being used by AfriStar—1, which is already in operation.‘" Thus, a waiver in this instance would not undermine the underlying purpose of the Commission‘s bond requirement, which is to ensure that licensees are committed to implementing their licensed systems in a timely manner in order to prevent the warehousing of scarce orbital and frequency resources. In addition, the bond requirement helps to deter speculative satellite applications."" It is unlikely that AfriStar—2 application is speculative because, for the technical reasons discussed above, no one else would be able to operate in AfriStar—1‘s frequency band in Europe." Accordingly, we waive the bond requirement for the AfriStar—2 satellte for this reason and need not address the other arguments of AftiSpace for waiver."" 29. Waiver of the bond requirement is premised on AfriSpace launching the AfriStar—2 satellite priorto the removal ofthe AfriStar—1 satellite from service. Otherwise, t is possible that the orbital and spectrum resources currently utilized by AfriStar—1 could lie fallow in the interim period between the removal of AfriStar—1 from service and the launch of AfriStar—2, which would undermine the justification for our waiver of the bond requirement. Accordingly, although we will not impose the full schedule of construction milestones set forth in Section 25.164 of the Commission‘s rules,"" we will condition the AfriStar—2 authorization on the launch of AfriStar—2 prior to the removal ofAfriStar—1 from service. F. Petition to Deny 30. Ondas has filed a petition to deny AfriSpace‘s application to launch and operate the AfriStar—2 satellt."" Ondas raises two principal objections to AfriSpace‘s application.""" First, Ondas argues that authorization of the AfriStar—2 GSO satellite will preclude implementation of Ondas‘ NGSO BSS (sound) system in Westem Europe in the 1452—1492 MHz frequency band."" Second, Ondas claims that authorization of AffiStar2 by the Commission would. raise !® AfriStar—2 Application, Exhibit D at 1. "*" FirstSpace Station Licensing Reform Order, 18 ECC Red at 10826 (para. 167). ‘®"Sce supra, Part NLA 2. ‘®" AfriSpace also argues that a bond is not necessary because it has every incentive tolaunch AfriStar= 2 as soon as possible due to the increasingly degraded state of AfriStar—1, see AfriStar2 Application, Exhibit D at 1, and because AfriSpace is providing public safety services, which the Commission has previously stted could warrant waiver ofthe bond requirement, see AfriStar—2 Application, Exhibit D at 3, citing Pirst Space Station Reform Order, 18 FCC Red at10825 (para. 169). ©ar CRR§ 25.164. ‘® See Ondas Petition to Deny, supra note 22. !® In addition to these principal arguments, Ondas also argues that AfiStar—2is not a replacement satellte under the Commission‘s rules. We concur, as discussed in Part IILA.1 ofthis Order. Although we agree with Ondas on this point,tfict that AfriSta—2 does qualify as not a replacement satelite under the Commission‘s rules does not constitute a basis for denying AffiSpace‘s application altogether ‘*" ee Ondas Petiion to Deny at 4. 14

Federal Communications Commission ba 6+ jurisdictional ssues between the United States and Europe that could call into questionthe ability of European regulators to establish and license BSS (sound) systems in Burope"" 31. We conclude that Ondas‘s petiion fails to raise sufficient cause to deny the AfriStar— 2 application. As we observed above in Section IILA.2. of this Order, it is unlikely that any NGSO—like system, including Ondas‘s, would be able to operate within Westem Europe in the 1452—1492 MHz frequency band without causing harmful interference to the existing AfriStar—1 satellte. AftiSpace has coordinated the operations of AfriStar—1 with affected administrations and the satellite is included in the TTU‘s Master Registry.‘" As a result, under the ITU‘s intemational Radio Regulations, the AfriStar—1 satellite network is "affected" by later—notified networks, and it is the responsibility of networks with lower ITU priority, such as Ondas‘s, to coordinate with the networks with higher priority.. Accordingly, Ondas‘s ability to implement ts NGSO network in Europe in the 1452—1492 MH frequency band is already limited by the existing operations of the AfriStar—1 satellite, regardless of whether we authorize the launch and operation ofthe AfriStar—2 satellte 32. In addition, we find that our authorization of the AfriStar—2 satellite will not prejudice the ability of European regulators to establish and license BSS (sound) systems in Europe. Our authorization of the AfiStar—2 satellite does not grant AfriSpace any authority for landing rights of the AfriStar—2 satellite in Europe. Indeed, we expressly condition the authorization of the AfriStar—2 satellite on AfriSpace‘s obligation to comply with the applicable laws, regulations, rules and licensing proceduzes for those countries it proposes to serve."" Such a condition already exists for the operations of the AfriStar—1 satellite." . We stress that the launch and operation of the AfriStar—2 satellite is at AfriSpace‘s risk that it may not receive authority to operate in countries where it proposes service. Thus, the ability of European regulators to determine which systems are authorized to serve their markets is unaffected by this Order. Furthermore, the Commission is always prepared to coordinate Commission—licensed systems with those of other administrations, and to work closely with other administrations on spectrum management issues, as requested in the letter filed by the Agence Nationale des Fréquences."" The United States has already begun the coordination of the AfriStar—2 satellte with potentially affected administrations through the TTU coordination process, We will contact affected administrations, including the Republic of France, to begin discussions on spectrum management issues involving this authorization. IV.CONCLUSION 33. As a result of this Order, AfriSpace is authorized to launch and operate the AfriStar—2 satelite in the geostationary—satellite orbit at the 21° EL. orbital. location. Specifically, AffiSpace is authorized to operate service downlinks from the AfriStar—2 satellite within 2.6 14. !9" AfriStar—2 Application, Exhibit A at 3, 14—15. "* For example, AfriSpace notes that ts affiite, WorldSpace UK Lid, is already licensed in the United Kingdom t serve customers using the AfriSta—1 satelite. See AfriSpace Opposition at 4,n9. id on 8. " See Raney Letter at 1. is

Federal Communications Commission Da o64 megahertz of spectrum in each polarization with a center frequency of 1479.5 MHz, to utilize feeder links and telecommand links in the 7025—7075 MHz frequency band, to operate its telemetry link for the AftiStar—2 satellte at a center frequency of 1491.7 MHz, and to co—locate the AfriStar—2 satellite at 21° EL. with the AfriStar—1 satelite currently in orbit. We also waive the Commission‘s bond and milestone rule provisions to the extent indicated herein. The authority granted by this Order is expressly conditioned on AfriSpace complying with the applicable laws, regulations, rules, and licensing procedures ofany countries it proposes to serve. V. ORDERING CLAUSES 34. Accordingly, IT 18 ORDERED that the application of AfiSpace, Inc.,IBFS File No. SAT—LOA—20050311—00061, 18 GRANTED, and that AfriSpace, Inc. IS AUTHORIZED to launch a geostationary satellite,AfriStar—2, Call Sign $2666,at the 21° E.L. orbital location that is capable of providing BSS (sound) service in the 1452—1492 MHz (space—to—Earth) frequency band in accordance with the terms, conditions, and technical specifications set forth in its application, this Order, he Intemational Telecommunication Union‘s Radio Regulations, and the Commission‘s Rules. 35. IT IS FURTHER ORDERED that AfriSpace, Inc. 18 AUTHORIZED to launch and operate the service link transmitters of ts geostationary satellite, AfiStar—2, Call Sign $2666,at the 21° EL. orbitl location to provide BSS (sound) service with two TDM signals, each having a peak EIRP 0f59.8 dBW, a center frequency of 1479.5 MHz, and an allocated bandwidth of 2.6 MHz, one signal transmitted using right—hand circular polarization and the other. signal transmitted using lef—hand circular polarization. 36. IT IS FURTHER ORDERED that AfriSpace, Inc. IS AUTHORIZED to launch and operate the AffiStar—2 satellite at 21° EL. capable of operating in the 7025—7075 MHz frequency band (Earth—to—space) for feeder link transmissions in accordance with technical specifications set forth in its application and consistent with our rules, unless specifically conditioned or waived herein. 37. IT IS FURTHER ORDERED that AfriSpace, Inc. IS AUTHORIZED to launch and operate the telemetry transmitter of ts geostationary satelite, AfriStar—2, Call Sign S2666, a the 21° EL. orbital location, to provide a telemetry signal with a center frequeney of 1491.7 MHz, and an allocated bandwidth of 500 Hz, transmited using right—hand circular polarization, and to operate its telecommand links with center frequencies of 7073 and 7074 MHz and an allocated bandwidth of 1 MHz. 38. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the Commission‘s rules, 47 C. § 13, AfriSpace, Inc. 18 GRANTED a waiver of Sections 25.156 and 25.157 of the Commission‘s riles, 47 C.F.R. §§ 25.156, 25.157, to the extent necessary to enable the Bureau to consider its AfriStar2 application on a first—come, firstserved basis as set forth in Section 25.158 of the Commission‘s rules, 47. C.F.R.§ 25.158 39. IT S FURTHER ORDERED that, pursuant to Section 1.3 of the Commission‘s rules, 47 C.RR. § 1.3, AffiSpace, Inc.‘s request for a wavier of Section 25.210(c) of the Commission‘s rules 18 GRANTED as set forth in this Order. 16

Federal Communications Commission Da te4 40. IT 18 FURTHER ORDERED that AfriSpace, Inc. is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of any countries it proposes to serve. 41.IT 18 FURTHER ORDERED that AfiSpace, Inc. shall prepare the necessary information, as may be required, for submission to the International Telecommunication Union (FTU) to initiate and complete the advance publication, international coordination, due diligence, and notification process of this space station, in accordance with the ITU Radio Regulations. AfriSpace, Inc. shall be held responsible for all costrecovery fees associated with these ITU filings. 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 toindividual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R. § 25.111(b). 42. IT 18 FURTHER ORDERED that AfriSpace, Inc.‘s request for waiver of Section 25.165(@)(2) of the Commission‘s rules, 47 C.F.R. § 25.165(a)(2),IS GRANTED. 43. IT 18 FURTHER ORDERED that AfriSpace, Inc.‘s request for waiver of Section 25.164 of the Commission‘s riles, 47 C.F.R. § 25.164, IS GRANTED IN PART, and AfriSpace, Inc. must construct, launch and place its authorized satellite into operation prior to the removal of the AfriStar—1 satelite from service. 44. IT IS FURTHER ORDERED that the petition to deny filed by Ondas Spain, SL, 18 DENIED for the reasons set forth in this Order. 45. IT IS FURTHER ORDERED that the license term for the space station is 15 years and will begin on the date AfriSpace, Inc. certifies to the Commission that ts operations fully conform to the terms and conditions of this Order. 46. This Order is issued pursuantto Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F—R. § 0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.FR. §§ 1.106, 1.115, may be filed within 30 days ofthe date ofthe release of this Order. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson z> Chief 4 International Bureau 17


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