Attachment Audacy - FCC 18-72.p SAT-LOA-20161115-00117

Attachment Audacy - FCC 18-72.p

This document pretains to SAT-LOA-20161115-00117 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2016111500117_1417045

Federal Communications Commission FCC 18-72

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of )
)
Audacy Corporation ) IBFS File No. SAT-LOA-20161115-00117
)
Application for Authority to Launch and Operate a ) Call Sign S2982
Non-Geostationary Medium Earth Orbit Satellite )
System in the Fixed- and Inter-Satellite Services )
)
)

ORDER AND AUTHORIZATION

Adopted: June 4, 2018 Released: June 6, 2018

By the Commission:

TABLE OF CONTENTS

Heading Paragraph #

I. INTRODUCTION ...................................................................................................................................1
II. BACKGROUND .....................................................................................................................................2
A. Audacy’s Applications......................................................................................................................2
B. Comments on Audacy’s Application ................................................................................................4
C. Developments After Audacy’s Application......................................................................................5
III. DISCUSSION..........................................................................................................................................8
A. Ka-Band FSS Issues........................................................................................................................10
B. V-band FSS Issues ..........................................................................................................................12
C. Inter-Satellite Service Issues...........................................................................................................21
D. Other Matters ..................................................................................................................................25
IV. CONCLUSION .....................................................................................................................................38
V. ORDERING CLAUSES........................................................................................................................39

I. INTRODUCTION
1. In this Order, we authorize Audacy Corporation (Audacy) to construct, deploy, and
operate a non-geostationary satellite orbit (NGSO) satellite system to provide continuous, high-speed
communications between other NGSO satellites and gateway earth stations, using frequencies in the inter-
satellite service (ISS) and fixed-satellite service (FSS).1 In authorizing Audacy’s system, we address
concerns expressed by commenters seeking various conditions on the grant and partially deny two

1Audacy Corporation, Application for Authority to Launch and Operate a Non-Geostationary Medium Earth Orbit
Satellite System in the Fixed- and Inter-Satellite Services, IBFS File No. SAT-LOA-20161115-00117 (filed Nov. 15,
2016) (Audacy Application). Audacy subsequently filed an erratum correcting values for an error concerning orbital
plane information in Audacy’s Schedule S submission. Letter from James Spicer, Chief Engineer, Audacy, to
Marlene H. Dortch, Secretary, FCC, IBFS File No. SAT-LOA-2016115-00117 (filed May 16, 2017).

Federal Communications Commission FCC 18-72

remaining Petitions to Deny.2 We also defer action on Audacy’s request to use the 50.4-51.4 GHz band
for service and gateway uplinks. Grant of this application will enable Audacy to provide global line-of-
sight visibility to low Earth orbit (LEO) satellites enabling operators of LEO satellites to have continuous
access to their satellites through the Audacy system, rather than having to use individual uplink and
downlink frequencies at multiple, worldwide earth station locations. Grant of Audacy’s application will
further the Commission’s goals of encouraging spectrum efficiency, technological innovation, and the
more rapid development of new satellite services to the public.
II. BACKGROUND
A. Audacy’s Applications
2. On November 15, 2016, Audacy filed an application to construct, deploy, and operate
three satellites, at an approximate altitude of 13,890 kilometers.3 Audacy proposes to operate FSS in the
following Ka-band frequencies: 19.7-20.2 GHz and 29.5-30.0 GHz,4 as well as FSS in the following
portions of the V-band: 37.5-42.0 GHz, 47.2-50.2 GHz, and 50.4-51.4 GHz.5 Audacy also proposes to
use the 22.55-23.18 GHz, 23.38-23.55 GHz,6 24.45-24.75 GHz, 32.3-33.0 GHz, 54.25-56.9 GHz, 57.0-
58.2 GHz, and 65.0-71.0 GHz frequency bands for ISS operations.7

2In addition to the Petition to Deny that was conditionally withdrawn by Iridium, Petitions to Deny the Audacy
Application were filed by Telesat Canada (Telesat) and ViaSat, Inc. (ViaSat). See Petition to Deny by Telesat (filed
June 26, 2017) (Telesat Petition to Deny); Petition to Deny or Impose Conditions of ViaSat (filed June 26, 2017)
(ViaSat Petition to Deny).
3 Audacy filed its application as part of a processing round for additional NGSO-like applications and petitions in
the Ku- and Ka-band frequencies requested by WorldVu Satellites Limited (OneWeb). OneWeb Petition Accepted
for Filing, IBFS File No. SAT-LOI-20160428-00041; Cut-Off Established for Additional NGSO-Like Satellite
Applications or Petitions for Operations in the 10.7-12.7 GHz, 14.0-14.5 GHz, 17.8-18.6 GHz, 18.8-19.3 GHz, 27.5-
28.35 GHz, 28.35-29.1 GHz, and 29.5-30.0 GHz Bands, Public Notice, 31 FCC Rcd 7666 (IB Sat. Div. Jul. 15,
2016). Eleven additional applications and petitions were filed for NGSO-like satellite systems, including Audacy’s
application. Under the Commission’s rules, the term “Ku-band” includes both the “conventional Ku-band” (11.7-
12.2 GHz and 14.0-14.5 GHz) and the “extended Ku-band” (10.95-11.2 GHz, 11.45-11.7 GHz, and 13.75-14.0
GHz). 47 CFR § 25.103. The term “Ka-band” refers to the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and
29.25-30.0 GHz frequency bands, also known as the “conventional Ka-band,” which the Commission has designated
as primary for GSO FSS operation. See 47 CFR § 25.103. Audacy does not seek access to any Ku-band
frequencies.
4Audacy clarified typographical errors in its application to make clear that its request to operate in the 27.5-30.0
GHz band (Earth-to-space) is limited to the frequencies of 29.5-30.0 GHz. Letter from James Spicer, Chief
Engineer, Audacy, to Marlene H. Dortch, Secretary, FCC, at 1-2, IBFS File No. SAT-LOA-2016115-00117 (filed
Aug. 11, 2017) (August 2017 Letter).
5Audacy’s request to use the 37.5-42.0 GHz, 47.2-50.2 and 50.4-51.4 GHz bands, as addressed in this order, are
considered as part of the “V-band processing round” that was initiated with the filing of an application from The
Boeing Company. Satellite Policy Branch, Boeing Application Accepted for Filing in Part, Cut-Off Established for
Additional NGSO-Like Satellite Applications or Petitions for Operations in the 37.5-40.0 GHz, 40.0-42.0 GHz, 47.2-
50.2 GHz and 50.4-5.14 GHz Bands, Public Notice, 31 FCC Rcd 11957 (2016). Audacy’s request to use these
bands was placed on Public Notice, along with eight additional applications or petitions, on June 16, 2017. See
Satellite Policy Branch Information: Space Station Applications Accepted for Filing, Public Notice, Report No.
SAT-01245 (IB Sat. Div. June 16, 2017).
6 Audacy originally requested to operate in the 22.55-23.55 GHz frequency band, but subsequently deleted its
request to operate ISS in the 23.18-23.38 GHz frequency band. See August 2017 Letter at 1-2. Iridium
Constellation LLC (Iridium) had filed a Petition to Deny the Audacy Application based on concerns of potential
interference to inter-satellite links operated by Iridium in the 23.18-23.38 GHz frequency band. Petition to Deny of
Iridium Constellation LLC (filed June 26, 2017). Iridium conditionally withdrew its Petition to Deny following
Audacy’s deletion of its request for use of the 23.18-23.38 GHz frequency band. See Letter from Scott Blake Harris,
Counsel, Iridium, to Marlene H. Dortch, Secretary, FCC, IBFS File No. SAT-PDR-20161115-00117 (filed Nov. 17,
2017) (Iridium Conditional Withdrawal of Petition to Deny). Consequently, we dismiss Iridium’s petition as moot.
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Federal Communications Commission FCC 18-72

8. After review of the record, we conclude that grant of the Audacy Application, as
amended,23 will serve the public interest, subject to the requirements and conditions specified herein.
Below, we address the various outstanding issues raised by commenters on the Audacy Application. We
also address Audacy’s waiver requests. Where appropriate, we defer matters of general applicability to
ongoing or potential future rulemakings.
9. As part of its application, Audacy seeks waivers of certain Commission rules.24
Generally, the Commission may waive any rule for good cause shown.25 Waiver is appropriate where the
particular facts make strict compliance inconsistent with the public interest. 26 In making this
determination, we may take into account considerations of hardship, equity, or more effective
implementation of overall policy on an individual basis.27 Waiver is appropriate if special circumstances
warrant a deviation from the general rule and such deviation will serve the public interest.28 We address
the specific requests for waivers below, as well as conditions that the Commission imposes on Audacy’s
authorization.
A. Ka-Band FSS Issues
10. Waivers for 19.7-20.2 GHz (Ka-band Plan Waiver). Audacy seeks a waiver of the
Commission’s Ka-band Plan for use of the 19.7-20.2 GHz frequency band.29 At the time Audacy filed its
application, the Commission’s Ka-band Plan limited use of the 19.7-20.0 GHz band to GSO FSS systems
only.30 Grant of a waiver of the Ka-band Plan is no longer necessary since we recently adopted changes
to the Commission’s rules that allow NGSO FSS operations in the 19.7-20.2 GHz frequency band on an
unprotected, non-interference basis relative to GSO FSS operations, subject to EPFD limits.31 These
changes became effective on January 17, 2018, so we dismiss the request for waiver of the Ka-band Plan
as moot. Moreover, Audacy has demonstrated that its proposed operations will comply with the
conditions the Commission established in opening up the 19.7-20.2 GHz band to NGSO FSS operations.
More specifically, in its petition, Audacy provided technical demonstrations to show that it will comply
with international EPFD limits designed to protect GSO networks in the 19.7-20.2 GHz frequency band
set forth in Article 22 of the ITU Radio Regulations (ITU-RR).32 In addition, Audacy states that it will
not cause harmful interference to and is willing to accept interference from GSO FSS operators in this
frequency band.33
11. Operations in the 29.5-30.0 GHz band. Audacy’s system will use the 29.5-30.0 GHz
band for uplink operations between its three earth stations and satellites on a secondary, non-interference
basis. The U.S. Table of Frequency Allocations designates the 29.5-30.0 GHz band as co-primary for

23 August 2017 Letter (requesting the removal of the 23.18-23.38 GHz frequency band from its application).
24 See supra note 8.
25 47 CFR § 1.3.
26 Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
27 WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972); Northeast

Cellular, 897 F.2d at 1166.
28 Northeast Cellular, 897 F.2d at 1166.
29Audacy Application, Narrative at 50. See 2000 18 GHz Band Order, 15 FCC Rcd 13443-44, para. 28 (removing
secondary NGSO FSS allocation in the 19.7-20.2 GHz frequency band).
30See 2000 18 GHz Band Order, 15 FCC Rcd 13443-44, para. 28 (removing secondary NGSO FSS allocation in the
19.7-20.2 GHz frequency band).
31 NGSO FSS Report and Order, 32 FCC Rcd at 7813, paras. 9-10 (providing unprotected, non-interference basis
status to the 19.7-20.2 GHz band).
32 Audacy Letter of April 3, 2017 in response to Commission Letter of March 10, 2017, at 2-3.
33 Audacy Application, Narrative at 52.
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Federal Communications Commission FCC 18-72

non-Federal Fixed, Fixed Satellite, and Mobile Services.34 In the NGSO FSS Report and Order, the
Commission reiterated that the 29.5-30.0 GHz band is designated for non-Federal GSO FSS operations on
a primary basis and for NGSO FSS operations on a secondary basis.35 Audacy states that it will
coordinate its operations with GSO systems and will operate its uplink operations on a secondary, non-
interference basis with respect to GSO operations in the 29.5-30.0 GHz band and will not claim
interference protection from GSO FSS stations in this band, as required by the Commission’s rules.36
Audacy further states that its uplink operations in the 29.5-30.0 GHz band will comply with the EPFD
limits Table 22-2 of the ITU Radio Regulations.37 Audacy also provided technical demonstrations to
show that it will comply with international EPFD limits designed to protect GSO networks in the 29.5-30
GHz frequency band set forth in Article 22 of the ITU Radio Regulations.38 Finally, Audacy specifies
that it will only uplink in these frequency bands during emergency recovery situations, and, due to the
narrow beam width of the uplink antennas, Audacy anticipates in-line interference events with other
operators to be rare. Consistent with the decisions in the NGSO FSS Report and Order, and Audacy’s
technical demonstrations, we grant Audacy’s request to operate in the 29.5-30.0 GHz band.
B. V-band FSS Issues
12. Sharing with GSO FSS systems. The Commission does not currently have service rules
relevant to sharing between NGSO and GSO FSS systems in the 37.5-42.0 GHz and 47.2-50.2 GHz bands
that are part of Audacy’s application. There are currently no FCC-licensed GSO FSS systems operating
in these bands, although one GSO satellite application to operate in these bands has been recently granted.
39 The Commission recently adopted a new rule in Section 25.289 requiring that, unless otherwise

provided in the rules, an NGSO system licensee must not cause unacceptable interference to, or claim
protection from, a GSO FSS or BSS network.40 Accordingly, a condition to this effect will be included in
the Audacy grant. Article 22 of the ITU Radio Regulations contains provisions to ensure compatibility of
NGSO FSS operations with GSO networks.41 However, within the 37.5-50.2 GHz range there are
currently no ITU EPFD limits. We note that Audacy’s grant will be subject to modification to bring it
into conformance with any rules or policies adopted by the Commission in the future. Therefore, if
relevant EPFD limits or other procedures are adopted by the Commission, or to the extent applicable, by
the ITU in the future, Audacy’s operations subject to this grant must comply with those limits or
procedures. These conditions address ViaSat’s petition and will facilitate the development of NGSO and
GSO systems in these frequencies.42
13. Operations in the 37.5-40.0 GHz Band and Associated Waivers. In the Spectrum

34 U.S. Table of Frequency Allocations, 47 CFR § 2.106.
35 NGSO FSS Report and Order, 32 FCC Rcd at 7813, para. 9.
36 Audacy Application, Narrative at 58.
37 Id. at 59.
38 Audacy Letter of April 3, 2017 in response to Commission Letter of March 10, 2017, at 4-5.
39Hughes Network Systems, LLC was granted authority to deploy and operate a GSO space station providing fixed-
satellite service using Ka- and V-band frequencies including 40-42 GHz and 47.2-50.2 GHz bands. Hughes request
to use the 50.4-51.4 GHz (Earth-to-space) bands was deferred. Hughes Network Systems Application, IBFS File
No. SAT-LOA-20170621-00092 and IBFS File No. SAT-AMD-20170908-00128, grant stamped in part and
deferred in part (March 20, 2018).
40 47 CFR § 25.289.
41 See generally ITU R.R. Article 22, Section II.
42See ViaSat Petition to Deny at 5, 8-9 (filed June 26, 2017) (questioning the sufficiency of the EPFD limits
proposed by the Commission to protect GSO systems from harmful interference and requesting that each NGSO
operator be held jointly and severally liable for harmful interference caused to GSO systems until the Commission
adopts adequate aggregate EPFD limits and enforcement mechanisms).
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Federal Communications Commission FCC 18-72

Frontiers MO&O, the Commission determined that it would authorize non-Federal satellite earth stations
in the 37.5-40.0 GHz band on a first-come, first-served basis subject to the rules adopted in the Spectrum
Frontiers proceeding.43 Section 25.114(c)(8) of the Commission’s rules requires space station applicants
to provide the maximum PFD limits within each coverage area and energy dispersal bandwidth, if any,
needed for compliance with Section 25.208.44 Section 25.208(r) includes PFD limits in the 37.5-40.0
GHz band for both operations under assumed free space conditions45 and operations during periods when
the FSS system raises power to compensate for rain-fade conditions at the earth station.46 In its
application, Audacy sought waivers of Sections 25.114(c)(8) and 25.208(r).47 Audacy states that its use
of the 37.5-40.0 GHz band will slightly exceed the Commission’s PFD limits described above for the
angles of arrival between 5-7.5°, and Audacy therefore requests waivers of these rules. Audacy argues
that its PFD levels fall well below the less stringent ITU PFD limits for this band.48 Audacy further states
that this deviation is necessary to compensate for the effects of rain fade and would not result in harmful
interference to any incumbent fixed or terrestrial mobile services in this band, given that Audacy will
employ narrow antenna beams to use the 37.5-40.0 GHz band for downlink transmissions from its three
NGSO satellites to a single gateway Earth station in the United States.49
14. In the recently adopted Spectrum Frontiers MO&O, the Commission declined to permit
satellite operations in the 37.5-40.0 GHz band at higher PFD levels than the existing limits applicable to
clear sky conditions.50 In the Spectrum Frontiers MO&O, we fully considered the same arguments
presented by Audacy’s Application in support of these waiver requests,51 and therefore consistent with
our determinations in the Spectrum Frontiers MO&O and the rationale underlying those determinations,
we deny Audacy’s waiver request of Section 25.208(r).
15. In connection with its request for a waiver of Section 25.208(r), Audacy also asks for a
waiver of Section 25.114(c)(8), which specifies that applicants must provide the calculated maximum
PFD levels within each coverage area needed for compliance with Section 25.208, for the angles of
arrival specified in the applicable paragraphs of Section 25.208.52 Consistent with our denial of Audacy’s
waiver request of Section 25.208(r), Audacy’s request for a waiver of the Section 25.114(c)(8) related
informational requirement is similarly denied.
16. Operations in the 40-42 GHz Band. This band is allocated to the FSS (space-to-Earth) on

43We note that only earth stations individually licensed in this band pursuant to Section 25.136 have interference
protection rights. Spectrum Frontiers Reconsideration Order, 32 FCC Rcd at 11034, para. 139, fn355.
44 47 CFR. § 2.114(c)(8).
45 47 CFR § 25.208(r)(1).
46 47 CFR § 25.208(r)(2). See V-band Second Report and Order, 18 FCC Rcd at 25440-41, paras. 28-29.
47 Audacy Application, Narrative at 56. The note to paragraph (r) states that the conditions under which satellites
may exceed the power flux density limits for free space conditions to compensate for the effects of rain fading have
not yet been defined, and the conditions and extent to which the free space limits can be exceeded will be the subject
of a further rulemaking by the Commission. 47 CFR § 25.208(r), NOTE TO PARAGRAPH (r). There appears to be a
typographical error in the note to paragraph (r). The note refers to paragraph (q)(1), but should refer to paragraph
(r)(1) for the PFD limits applicable to NGSO systems under assumed free space conditions.
48 Audacy Application, Narrative at 56.
49 Id. at 57.
50 Spectrum Frontiers MO&O, 32 FCC Rcd at 11056-57, paras. 207-209.
51 Id. at 11056, 11057, paras. 205, 208-209.
52 Audacy Application, Narrative at 8; 47 CFR§ 25.114(c)(8).
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Federal Communications Commission FCC 18-72

a primary basis.53 We observe that in the Spectrum Frontiers proceeding, the Commission does not
propose terrestrial mobile use of the 40-42 GHz band at this time.54 Furthermore, Audacy’s proposed use
of this band is consistent with the existing allocation.55 We therefore grant Audacy’s request to operate in
the 40-42 GHz band.
17. Operations in the 47.2-50.2 GHz Band. The 47.2-48.2 GHz portion of this band is
currently allocated in the U.S. Table of Frequency Allocations for FSS, fixed service and mobile service,
limited to non-Federal stations, and the 48.2-50.2 GHz portion is allocated for these same services for
both Federal and non-Federal stations.56 In the Spectrum Frontiers Second Report and Order, the
Commission decided to limit FSS operations to individually licensed earth stations in the 47.2-48.2 GHz
portion of the band, which will also be authorized for terrestrial Upper Microwave Flexible Use Service
(UMFUS) operations. In addition, earth station operations in the FSS in the 47.2-48.2 GHz band must not
cause interference to stations in the fixed and mobile services, except where the individually licensed
earth stations are authorized under Section 25.136 of the Commission’s rules.57 In the Spectrum Frontiers
MO&O, the Commission indicated that the 48.2-50.2 GHz portion of the band will be reserved for FSS
use, including for deployment of satellite user terminals.58 Accordingly, we grant Audacy’s request to
operate in the 47.2-50.2 GHz band, subject to the rules adopted in the Spectrum Frontiers proceeding.
18. Operations in the 50.4-51.4 GHz Band and Associated Waivers. Audacy seeks
authorization for uplinks in the 50.4-51.4 GHz band.59 This band is allocated in the U.S. Table of
Frequency Allocations to the FSS, but at the time Audacy filed its application, the 50.4-51.4 GHz
frequency bands was not among the available frequencies for FSS that were listed in Section 25.202(a)(1)
of the rules. Audacy, therefore, requested waiver of Section 25.202(a)(1).60 The Commission recently
decided to remove the list of FSS frequencies from Section 25.202(a)(1) as unnecessary.61 Accordingly,
Audacy’s request for waiver of Section 25.202(a)(1) is dismissed as moot.

53 U.S. Table of Frequency Allocations, 47 CFR § 2.106.
54 Spectrum Frontiers MO&O, 32 FCC Rcd at 11048, para.185.
55 U.S. Table of Frequency Allocations, 47 CFR § 2.106.
56Historically, the 47.2-50.2 GHz band has been subject to a band plan for sharing between wireless services and
FSS. In 1998, as part of the V-band plan, the Commission designated the lower segment of the band, 47.2-48.2 GHz
for wireless services use, and the upper 48.2-50.2 GHz segment for FSS use. Allocation and Designation of
Spectrum for Fixed-Satellite Services in the 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz Frequency Bands,
First Report and Order, 13 FCC Rcd 24649, 24651, para. 2 (1998). In 2003, the Commission noted that it was
preserving the 47.2-48.2 GHz FSS uplink allocation for gateway operations, pairing with downlink operations in the
37.5-40.0 GHz band. V-band Second Report and Order, 18 FCC Rcd at 25457, para. 67. The upper portion of the
band, 48.2-50.2 GHz (Earth-to-space) band is identified in international footnote 5.516B for use by high-density
applications in the FSS in ITU Region 2. International Table of Frequency Allocations, 47 CFR § 2.106, footnote
5.516B. Earth station operations in the 47.2-50.2 GHz band, including limitations on such operations, will be
addressed as part of the earth station licensing process.
57Section 25.136 specifies processes for earth station applicants in the 47.2-48.2 GHz band and includes procedures
to enable sharing with UMFUS. 47 CFR § 25.136(d).
58 Spectrum Frontiers MO&O, 32 FCC Rcd at 11050, para. 189.
59 Audacy Application, Narrative at 53-54.
60 Id. at 53-54.
61 NGSO FSS Report and Order, 32 FCC Rcd at 7817-18, para. 27.
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Federal Communications Commission FCC 18-72

19. In the V-band First Report and Order, the Commission designated the 50.4-51.4 GHz
band segment for use by fixed and mobile.62 The Commission recently proposed authorizing fixed and
mobile use under the UMFUS rules in the 50.4-51.4 GHz band in the Spectrum Frontiers Order and
Further Notice,63 but has not yet acted on this issue.64 Rather than act on access to this band prematurely,
we defer action until sharing between terrestrial and satellite operations in the band, as well as other uses
of the band, are addressed in the context of the Spectrum Frontiers Proceeding.
20. Limits on Emissions into the 50.2-50.4 GHz Band. The National Telecommunications
and Information Administration (NTIA), on behalf of the National Aeronautics and Space Administration,
the Department of Commerce, and the National Science Foundation, has expressed concerns about any
proposed authorized out-of-band emission limits in the 50.2-50.4 GHz band that is designated for the
Earth exploration-satellite service (EESS) (passive) use.65 The NTIA indicated that these Federal
agencies strongly opposed the future grant of NGSO FSS earth station licenses in the 49.7-50.2 GHz or
50.4-50.9 GHz bands operating in accordance with footnote US156 to Section 2.106 of the Commission’s
rules,66 stating that out-of-band emissions from such earth stations would result in harmful interference to
the operations of U.S. government assets in the adjacent 50.2-50.4 GHz band. 67 The NTIA requested that
more stringent out-of-band limits be placed on such earth station operations to ensure that the Federal
government’s EESS operations at 50.2-50.4 GHz—particularly those aspects that are critical to its
prediction of meteorological phenomena—are not compromised. The Commission acknowledges the
significant concerns expressed by the NTIA and notes that this unwanted emissions issue could be
considered in a future Commission action. Therefore, although we require Audacy to comply with the
out-of-band emission limits currently in footnote US156 to Section 2.106 of the Commission’s rules for
its operations in the 49.7-50.2 GHz band,68 we also explicitly condition Audacy’s authorization upon
compliance with any future limits applicable to unwanted emissions into the 50.2-50.4 GHz band that
may be adopted, either because of modifications approved by the 2019 World Radiocommunication
Conference (WRC-19), or as a result of any future Commission rulemaking, independent of any ITU
deliberation. 69
C. Inter-Satellite Service Issues
21. Licensing and Coordination Issues. Audacy proposes to operate “forward and return”
ISS links between its satellites and satellites operated by third parties in the 22.55-23.18 GHz, 23.38-
23.55 GHz, 24.45-24.75 GHz, and 32.30-33.00 GHz frequency bands. Audacy also proposes to operate
ISS links between its own satellites in the 54.25-56.90 GHz, 57.0-58.2 GHz and 65.0-71.0 GHz frequency
bands. We find that authorizing these proposed ISS links serves the public interest because the Audacy

62V-band First Report and Order, 13 FCC Rcd at 24651, para. 3 (referring to fixed and mobile services jointly as
wireless services).
63 Spectrum Frontiers Order and Further Notice, 31 FCC Rcd at 8158.
64 Spectrum Frontiers Second Report and Order, 32 FCC Rcd at 109994, n.35.
65NTIA raised these concerns during the coordination of proposed commercial operations in portions of the V-band.
See “Memorandum of Understanding between the Federal Communications Commission and the National
Telecommunications and Information Administration,” January 31, 2003 (MOU), available at
http://apps.fcc.gov/edocs_public/attachmatch/DOC-230835A2.pdf.
6647 CFR § 2.106, footnote US156. The same limits are also included in Section 25.202(j) of the Commission’s
rules, 47 CFR § 25.202(j).
67Specifically, the NTIA asserts that out-of-band emissions would degrade data collection capability, and would
impact both domestic and international weather forecasting such as hurricane trajectories and the probability of
tornado development.
68 47 CFR § 2.106, footnote US156.
69 A possible revision to the limits applicable to unwanted emissions in the 50.2-50.4 GHz band was included in ITU

Resolution 750 (REV. WRC-15) and is being considered under WRC-19 Agenda Item 1.6.
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Federal Communications Commission FCC 18-72

service will enable operators of LEO satellites to have continuous access to their satellites using Audacy’s
global line-of-sight visibility to those satellites, rather than using their own individual uplink and
downlink frequencies at multiple, worldwide earth station locations. As set forth in Section 25.279 of the
Commission’s rules, we have coordinated Audacy’s proposed ISS with the NTIA, since Audacy’s
proposed ISS links are in frequency bands that are also authorized for use by agencies of the federal
government.70 In addition, Audacy must coordinate its proposed frequency usage for ISS links with any
existing permittees and licensees in the ISS whose facilities could be affected by Audacy’s new proposal,
in terms of frequency interference or restricted capacity.71 Furthermore, Audacy must cooperate fully
with other future co-frequency systems in coordinating ISS usage.72 We note that our authorization of
Audacy to operate ISS in these bands does not remove the requirement for third party satellite operators
communicating with Audacy to also obtain prior Commission authority to operate ISS links with Audacy.
If the third-party satellites are non-U.S. licensed satellites, and the proposed communications involve
earth stations located in the United States, then a petition for U.S. market access under Section 25.137 of
the Commission’s rules must be granted by the FCC prior to such communications taking place.73
22. Operations in the 22.55-23.18 GHz, 23.38-23.55 GHz, 24.45-24.75 GHz, and 32.3-33.0
GHz Bands. Audacy states that its system will use the 22.55-23.18 GHz, 23.38-23.55 GHz, 24.45-24.75
GHz, and 32.3-33.0 GHz bands to relay “Advanced User forward/return data to/from the Advanced Users
to Audacy’s Relays.”74 The U.S. Table of Frequency Allocations designates the 22.55-23.55 GHz band
on a co-primary basis for Federal and non-Federal Inter-Satellite, Fixed and Mobile services, and the
24.45-24.75 GHz, and 32.3-33.0 GHz bands on a co-primary basis for Federal and non-Federal Inter-
Satellite and Radionavigation services.75 Footnote US278 provides that, in the 22.55-23.55 GHz, and
32.3-33.0 GHz bands, NGSO inter-satellite links operate on a secondary basis to GSO inter-satellite links.
76 Audacy states that it commits to coordinating with Federal users in the bands, including the National

Science Foundation, to avoid instances of harmful interference that cannot be remedied.77 Audacy also
states that it will coordinate its operations with GSO systems and will operate its operations on a
secondary, non-interference basis with respect to GSO operations and will not claim interference
protection from GSO FSS stations, as required by the Commission’s rules.78 In addition, in the 24.45-
24.75 GHz band, footnote 5.533 states that the inter-satellite service shall not claim protection from
harmful interference from airport surface detection equipment stations of the radionavigation service.79
Accordingly, Audacy’s proposed use of the 22.55-23.18 GHz, 23.38-23.55 GHz, 24.45-24.75 GHz, and
32.3-33.0 GHz band is consistent with our rules, and we grant Audacy’s request, as conditioned below.
23. Operations in the 54.25-56.9 GHz and 57.0-58.2 GHz Bands. Use of the 54.25-58.2 GHz
frequency band is shared between U.S. Government and non-Federal operations for Earth exploration-

70 47 CFR § 25.279(b)(1).
71 47 CFR § 25.279(b)(2).
72Id. (stating that “All affected applicants, permittees, and licensees, shall at the direction of the Commission,
cooperate fully and make every reasonable effort to resolve technical problems and conflicts that may inhibit
effective and efficient use of the radio spectrum”).
73 47 CFR § 25.137.
74 Audacy Application, Narrative at 58.
75 47 CFR §§ 2.106. We note that the Commission’s proposal to add primary non-Federal fixed and mobile service
allocations to the 32 GHz band is still pending. Spectrum Frontiers, Order and Further Notice and Proposed
Rulemaking, 31 FCC Rcd 8014, 8149-50, paras. 389-90 (2016).
76 47 CFR §§ 2.106, footnote US278.
77 Audacy Application, Narrative at 59.
78 Id. See also 47 CFR §§ 2.105(c)(2)(i), (ii).
79 47 CFR §§ 2.106, footnote 5.533.
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in the NGSO FSS Report and Order, Audacy will be able to use all the spectrum it requested for its
system if it is indeed able to operate in the same frequency bands as other NGSO systems without causing
interference to or requiring protection from them.
26. We do agree, however, that a processing round is not needed for the frequencies that
Audacy requested for ISS use and grant Audacy’s request for a waiver of Section 25.156(d)(4). The
purpose of the processing round procedure is to prevent one applicant from unreasonably precluding
additional entry by other operators in the requested frequency band.87 Section 25.156(d)(4) states, in
pertinent part, that “applications…for inter-satellite link88 authority will be treated like an application
separate from its associated service band” and each request for inter-satellite link request “will be
considered pursuant to the procedure for applications for GSO-like operations or NGSO-like operation, as
applicable.”89 Accordingly, Audacy’s application for ISS would be treated like a separate application for
NGSO-like operations and addressed through a modified processing round. As stated previously in this
Order, the Bureau accepted for filing Audacy’s request to provide inter-satellite communications with
customer satellites in the 22.55-23.55 GHz, 24.45-24.75 GHz, 32.3-33.0 GHz, 54.25-56.9 GHz, 57.00-
58.2 GHz, and 65.0-71.0 GHz frequency bands, but made no decision as to whether a separate processing
round would be initiated for these frequencies and did not invite additional applications in these
frequency bands.90 Audacy requests a waiver of Section 25.156(d)(4) arguing that the rule was adopted to
address cases where applicants sought to use inter-satellite links in frequency bands that had not been
allocated for ISS and that Audacy’s system does not contemplate providing traditional service links to
terrestrial end users, which supports treating Audacy’s application as a single application.91
27. We find that the public interest would not be served by delaying action on Audacy’s
request and by opening a separate, further processing round for these frequency bands and that a waiver
of Section 25.156(d)(4) is justified. We believe that the more efficient approach in this instance is to
impose conditions on Audacy’s operation, requiring coordination with existing operators that have ISS in
the bands requested by Audacy to ensure protection of such systems, as well as an obligation to cooperate

87 Space Station Licensing Reform Order, 18 FCC Rcd 10760, 10774-76 paras. 25-29 (2003).
88ISLs are communication links between in-orbit satellites that operate in spectrum allocated to the ISS. WB
Holdings 1 LLC, Application for Authority to Construct, Launch, and Operate a Ka-band Satellite System in the
Fixed-Satellite Service, Order and Authorization, 16 FCC Rcd 2513 n.3 (IB Jan. 30, 2001) (WB Holdings Order).
8947 CFR § 25.156(d)(4). See also Amendment of the Commission’s Space Station Licensing Rules and Policies;
Mitigation of Orbital Debris, First Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd
10760, 10810-12, paras. 127-131 (2003) (First Space Station Reform Order) (stating “We will consider requests for
service link authority separately from feeder link and intersatellite [sic] link requests” and “our procedures for
applications for feeder link or intersatellite [sic] link authority will be consistent with our procedures for the
associated service link application.”).
90 Supra para. 2, n.7.
91 Audacy Application, Narrative at 44-45. As part of its waiver request Audacy cites to the First Space Station
Reform Order for the proposition that applicants seeking to operate inter-satellite links prior to an allocation were
considered under a first-come, first-served procedure, while processing rounds were initiated for frequencies that
had been allocated for a proposed service with already established rules. Id. at 45. We do not agree with Audacy’s
characterization of the First Space Station Reform Order. Contrary to Audacy’s suggested interpretation of the
Commission’s policy, the determination of the procedure used to consider inter-satellite links does not depend on
whether an allocation is made or not, but rather on the nature of the service link proposed. See First Space Station
Reform Order, 18 FCC Rcd at 10810 (“[O]ur procedures for applications for … intersatellite [sic] link authority will
be consistent with our procedures for the associated service link application. In cases where the proposed service
link is a GSO-like service, the first-come first-served procedure … will apply. Examples of these applications are
requests for an intersatellite [sic] link between two GSO satellites, and requests for a feeder link between a fixed
earth station and a GSO satellite. In all other cases, where the associated service link application proposes an
NGSO-like satellite system, the modified processing round procedure will apply.”).
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aggregate EPFD limits and enforcement mechanisms.97 Space Norway requests that grant of Audacy’s
application be conditioned on Audacy’s implementation of mechanisms to avoid in-line interference with
highly elliptical orbit NGSO systems, such as that proposed by Space Norway.98 SpaceX asks that we
consider conditions that would promote efficient use of spectrum.99
30. All of these issues are of general applicability and were addressed in the NGSO FSS
Report and Order adopted September 26, 2017.100 ViaSat has sought reconsideration of the
Commission’s decision to adopt EPFD limits in the 27.5-28.6 GHz and 29.5-30 GHz uplink bands.101
Those arguments will be addressed in the context of that petition for reconsideration. To the extent
commenters raise any other issues of general applicability that are pending in any ongoing Commission
rulemaking proceedings, we defer consideration of such issues to those proceedings, and condition grant
of the Audacy application on their outcome, based on the record in those proceedings.102
31. ITU Coordination. In its Petition to Deny, Telesat observes that international
coordination will be required between the Audacy system and its own NGSO FSS system.103 Telesat
argues that, at minimum, any grant to Audacy should be conditioned upon compliance with this
international obligation. SES and O3b also requested that any grant of the Audacy Application be subject
to the same conditions that were placed on the grant of U.S. market access for the O3b NGSO FSS system
and OneWeb.104 In response Audacy states that commenters fail to acknowledge distinctions between the
use of FSS spectrum for Audacy’s proposed feeder links and service links proposed in other processing

97 ViaSat Petition to Deny at 5, 8-9 (filed June 26, 2017).
98 Space Norway Comments at 4.
99 SpaceX Comments at 15.
100 See generally NGSO FSS Report and Order, 32 FCC Rcd at 7820, para. 35 (addressing concerns of compliance

with aggregate EPFD limits by affirming that the Commission will require NGSO FSS licensees to comply with
aggregate EPFD limits, and may intervene if operators cannot agree among themselves how to ensure the aggregate
limits are met), 7820, para. 35 (acknowledging ViaSat concern that EPFD limits in the 17.8-30 GHz range were not
developed with the most advanced modern GSO networks in mind, but concluding that it would not be advisable to
remain without such EPFD limits in our rules pending the proposal and development of new EPFD limits), 7824-25,
paras. 47-48 & n.111 (noting Space Norway concern for protection of highly elliptical systems and concluding that
the required good faith coordination among NGSO FSS systems “also offers the best means to mitigate potentially
unequal burdens for . . . those in highly elliptical orbits”), id. (noting SpaceX proposal to encourage efficient
spectrum use among NGSO FSS systems, but finding the record insufficient to adopt a requirement at the time).
101 Petition for Reconsideration of ViaSat, Inc., IB Docket No. 16-408 (filed Jan. 17, 2018).
102To the extent that commenters believe that their concerns are not already addressed by ongoing rulemakings, we
remind commenters that they have the option to file petitions for rulemaking with the Commission.
103Telesat Petition to Deny at 3-4 (stating that Audacy’s NGSO system would interfere with Telesat’s NGSO
operations because the two systems would operate in overlapping geographical areas on overlapping Ka-band
frequencies, and that Telesat has demonstrated that in-line interference mechanisms are unworkable). Furthermore,
Telesat states that Audacy offers no recognition that the Canadian ITU filings that are associated with Telesat’s
NGSO system have date priority over later ITU filings that may be associated with Audacy’s system band
frequencies. Telesat also indicated that grant of Audacy’s application must be conditioned on the outcome of the
NGSO rulemaking, as the Commission did in granting OneWeb’s NGSO application; Telesat Reply (filed July 7,
2017); see also International Telecommunication Union (ITU) Radio Regulations, No. 9.12 (requiring coordination
of certain NGSO systems), No. 9.53 (requiring both parties in coordination to “make every possible mutual effort to
overcome [coordination] difficulties, in a manner acceptable to the parties concerned”), No. 11.42 (requiring the
immediate cessation of harmful interference actually caused to a recorded assignment with which coordination is
required but has not been effected).
104Id. at 8-10. Since the O3b grant, however, the Commission has adopted significant revisions to its rules and
policies governing NGSO FSS. The conditions herein are consistent with these rule changes.
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round filings.105 We recently declined to adopt Telesat’s proposal to tie coordination obligations and
licensing conditions directly to ITU filing dates by awarding priority according to those dates,106 and
accordingly deny Telesat’s petition in so far as it reiterates Telesat’s ITU filing date priority proposal.
Instead, we include a condition requiring Audacy, like all other NGSO FSS operators, to comply with the
spectrum sharing requirements specified in Section 25.261107 of the Commission’s rules with respect to
any other NGSO system licensed or granted U.S. market access pursuant to the processing rounds in
which Audacy participated.108 We note however, that outside the United States (i.e. when
communications to or from the U.S. territory are not involved) the coexistence between Audacy’s
operations and operations of a system that received a grant for access to the U.S. market are governed
only by the ITU Radio Regulations and are not subject to Section 25.261. Accordingly, we include a
condition, which was also included in the OneWeb Order, requiring compliance with the ITU Radio
Regulations.109
32. EPFD Analysis. Several commenters suggested that the EPFD analysis provided by
Audacy is insufficient and that the Commission should request a supplemental EPFD analysis.110
Specifically, SES and O3b stated that Audacy has not included files with equivalent isotropically radiated
power (EIRP) and power flux density (PFD) masks necessary to independently assess the proposed
systems’ compliance with applicable EPFD limits and that the Commission should defer action on these
proposals pending submission of the relevant PFD and EIRP mask data.111 We disagree. At the time
Audacy filed its application, Section 25.146 of the Commission’s rules required specific EPFD showings
from NGSO FSS applicants, including the use of ITU software, in certain portions of the Ku-band,112 but
no comparable requirement existed in Part 25 for the Ka-band frequencies requested by Audacy.113
Nonetheless, Audacy provided an updated Ka-band EPFD analysis using ITU approved software and
included the associate input files necessary to permit independent verification.114 Consistent with the new

105 Audacy Opposition and Response at 3-4; Audacy Response at 6.
106NGSO FSS Report and Order, 32 FCC Rcd at 7825-26, para. 50. See also WorldVu Satellites Limited, Petition
for Reconsideration at 3-6 (filed Jan. 17, 2018).
We recently adopted changes to Section 25.261. In the absence of coordination, spectrum splitting is triggered
107

when the change in system noise temperature caused by interference, or ΔT/T, exceeds a threshold of 6 percent.
NGSO FSS Report and Order at 7825, para. 49.
108 See OneWeb Order, 32 FCC Rcd at 5377; see also infra para. 42.
109OneWeb Order, 32 FCC Rcd at 5376, para. 23(a). Compliance with ITU coordination procedures is a
requirement of the ITU Radio Regulations, which hold the force of treaty to which the United States is a party.
Compliance with the ITU Radio Regulations is a typical condition of both U.S. space station licenses and grants of
U.S. market access. See 47 CFR § 25.111(b); see also, e.g., Inmarsat Mobile Networks, Inc., Application to Operate
a Fixed-Satellite Service Gateway Earth Station Facility in Lino Lakes, Minnesota with the Inmarsat-5 F2 Space
Station, Order and Authorization and Declaratory Ruling, 30 FCC Rcd. 2770, 2784, para. 41c (IB 2015).
110 See SES and O3b Comments at 3-5; SES and O3b Reply at 2-5 (filed July 14, 2017); Hughes Comments at 2-3.
111 SES S.A. and O3b Limited Comments at 4-5 (filed June 26, 2017).
112 47 CFR § 25.146.
113The NGSO FSS Report and Order adopted the ITU EPFD limits for the 17.8-30 GHz band, and incorporated
them by reference into Section 25.108(c)(3). It also extended the EPFD demonstration requirements contained in
Section 25.146 to include the 17.8-30.0 GHz band, while simultaneously relaxing them, requiring instead that
applicants certify that they will meet these international limits. See NGSO FSS Report and Order, 32 FCC Rcd at
7820-21 and 7822, paras. 35 and 41-42 (adopting the ITU-RR EPFD limits, and expanding and relaxing the EPFD
demonstration requirements in Section 25.146(a)).
114See Letter from James Spicer, Chief Engineer, Audacy, to Marlene H. Dortch, Secretary, FCC, at 1-6, IBFS File
No. SAT-LOA-20161115-00117 (filed April 3, 2017). These input files included the network’s orbital elements and
transmission characteristics as well as the PFD and/or EPFD masks required by the ITU’s software.
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interference to radio astronomy observations. We also note that radio astronomy as a service frequently
makes use of observations (passive) in bands not allocated to the radio astronomy service. This practice
is a result of scientifically valuable signals being subject to the Doppler Effect and shifted in frequency
outside radio astronomy-allocated bands. Although not a condition to this authorization, Audacy should
be aware of these facts and contact the National Science Foundation Spectrum Management Unit
(esm@nsf.gov) to assist with coordination and information on radio astronomy sites. In the bands in
question, the relevant sites are the Green Bank Telescope, the Very Long Baseline Array, and the Very
Large Array130.
IV. CONCLUSION
38. We conclude that grant of the Audacy Application, as conditioned and set forth herein,
will serve the public interest by enabling Audacy to pursue its goal of enabling operators of LEO satellites
to have continuous access to their satellites through the Audacy system, rather than using individual
uplink and downlink frequencies at multiple, worldwide earth station locations.
V. ORDERING CLAUSES
39. Accordingly, IT IS ORDERED, that the application filed by Audacy Corporation IS
GRANTED IN PART, DENIED IN PART, DEFERRED IN PART, and DISMISSED as MOOT IN
PART, as set forth in this Order and Authorization, pursuant to Section 309 of the Communications Act
of 1934, as amended, 47 U.S.C. § 309.
40. IT IS FURTHER ORDERED that this authorization is subject to the following
requirements and conditions:
a. Audacy must timely provide the Commission with the information required for Advance
Publication, Coordination, and Notification of the frequency assignment(s) for this
constellation, including due diligence information, pursuant to Articles 9 and 11 of the ITU
Radio Regulations. This authorization may be modified, without prior notice, consistent with
the coordination of the frequency assignment(s) with other Administrations. See 47 CFR §
25.111(b). Audacy is responsible for all cost-recovery fees associated with the ITU filings.
47 CFR § 25.111(d).
b. Audacy’s operations shall not cause harmful interference to, and shall not claim
protection from, GSO networks operating in the FSS and BSS, in accordance with Section
25.289, 47 CFR § 25.289. In the event that relevant EPFD limits or procedures related to
sharing between GSO and NGSO networks are adopted by the Commission or the ITU in any
of the frequency bands to be used by Audacy, operations must be in conformance with such
limits and procedures.
c. Prior to initiation of service, Audacy must receive a favorable or “qualified favorable”
finding in accordance with Resolution 85 with respect to its compliance with applicable
EPFD limits in Article 22 of the ITU Radio Regulations.
d. Audacy must cooperate with other NGSO FSS operators in order to ensure that all
authorized operations jointly comport with the applicable limits for aggregate EPFD in the
space-to-Earth direction (EPFDdown) contained in Article 22 of the ITU Radio Regulations
as well as Resolution 76 of the ITU Radio Regulations.
e. Fixed-satellite service operations in the 19.7-20.2 GHz band (space-to-Earth) and the
29.5-30 GHz band (Earth-to-space) are authorized up to the applicable power flux-density
and equivalent power flux-density limits contained in Article 22, as well as Resolution 76 of
the ITU Radio Regulations.
f. Fixed-satellite service operations in the 37.5-40 GHz band (space-to-Earth) are

130 See 47 CFR § 2.106, footnote US131, for locations of these radio astronomy observatories.
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authorized up to the power flux-density limits in 47 CFR § 25.208(r). Prior to starting
operation, Audacy has to present the showing described in Section 25.114(c)(8) to confirm
compliance with these power flux-density limits.
g. Fixed-satellite service operations in the 40-42 GHz band (space-to-Earth) are authorized
up to the power flux-density limits in 47 CFR § 25.208(s) and (t).
h. Inter-satellite service operations in the 22.55-23.18 GHz, 23.38-23.55 GHz and 24.45-
24.75 GHz bands are authorized up to the power flux-density limits applied to those bands by
Section 25.208(c), 47 CFR § 25.208.
i. Operations in the 19.7-20.2 GHz band (space-to-Earth) and 29.5-30 GHz band (Earth-to-
space) are on a secondary basis with respect to GSO FSS operations.
j. In accordance with footnote US278 to 47 CFR § 2.106, Audacy’s inter-satellite service
operations in the 22.55-23.18 GHz, 23.38-23.55 GHz and 32.3-33 GHz frequency bands, are
on a secondary basis with respect to geostationary inter-satellite service operations.
k. Space-to-Earth operations in the 19.7-20.2 GHz band must complete coordination with
U.S. Federal systems in accordance with footnote US334 to the United States Table of
Frequency Allocations, 47 CFR § 2.106, prior to being used. The use of space-to-Earth
operations in the 19.7-20.2 GHz band must be in accordance with any signed coordination
agreement between Audacy and U.S. Federal operators. Two weeks prior to the start of any
operations in the 19.7-20.2 GHz band, Audacy must provide contact information for a 24/7
point of contact for the resolution of any harmful interference to Jimmy Nguyen, Email:
Jimmy.Nguyen@us.af.mil.
l. In the 37.5-38 GHz and 40.0-40.5 GHz bands, operations must be successfully
coordinated with Federal Space Research Service (SRS) facilities, pursuant to
Recommendation ITU-R SA.1396, “Protection Criteria for the Space Research Service in the
37-38 GHz and 40-40.5 GHz Bands.”
m. In accordance with footnote US211 to 47 CFR § 2.106, Audacy is urged to take all
practicable steps to protect radio astronomy observations in the adjacent bands from harmful
interference from its operations in the 40-42 GHz band.
n. In accordance with footnote US342 to 47 CFR § 2.106, Audacy is urged to take all
practicable steps to protect the radio astronomy service from harmful interference from its
operations in the 22.55-23.18 GHz and 47.2-50.2 GHz bands. In addition, Audacy must take
all necessary measures to prevent harmful interference between its inter-satellite operations in
the 32.3-33 GHz band and operations in the radionavigation service and the space research
service (deep space) in accordance with Recommendation 707 of the ITU Radio Regulations.
o. Audacy’s transmissions in the 22.55-23.18 GHz and 23.38-23.55 GHz bands must
comply with the unwanted emissions power limits for non-geostationary satellites applicable
in any 200 megahertz of the passive band 23.6-24 GHz, consistent with the requirements
contained in footnote US145 to Section 2.106 of the Commission’s rules, 47 CFR §2.106,
footnote US145.
p. Audacy’s inter-satellite service operations in the 24.45-24.75 GHz bands shall not claim
protection from harmful interference from airport surface detection equipment stations of the
radionavigation service pursuant to footnote 5.533 to Section 2.106 of the Commission’s
rules, 47 CFR §2.106.
q. Audacy must coordinate its proposed frequency usage for inter-satellite service
operations in the 22.55-23.55 GHz, 24.45-24.75 GHz, 32.3-33.0 GHz, 54.25-56.9 GHz,
57.00-58.2 GHz, and 65.0-71.0 GHz frequency bands with any existing permittees and
licensees in the inter-satellite service whose facilities could be affected by Audacy’s new
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Federal Communications Commission FCC 18-72

proposal, in terms of frequency interference or restricted capacity, and must cooperate fully
with other future co-frequency systems in coordinating inter-satellite service usage.
41. IT IS FURTHER ORDERED that Audacy must comply with the sharing of ephemeris
data procedures described in Section 25.146 of the Commission’s rules, 47 CFR § 25.146(e).
42. IT IS FURTHERED ORDERED that operations in the 19.7-20.2 GHz, 29.5-30 GHz,
37.5-42 GHz, and 47.2-50.2 GHz bands must comply with spectrum sharing method specified in 47 CFR
§ 25.261, as revised by FCC 17-122, with respect to any NGSO system licensed or granted U.S. market
access pursuant to the processing rounds initiated in Public Notice, DA 16-804, Public Notice, DA 17-
524 and Public Notice DA 16-1244. Spectrum sharing between Audacy’s operations and the operations
of NGSO systems granted market access, where such operations do not include communications to or
from the U.S. territory, are governed only by the ITU Radio Regulations and are not subject to Section
25.261.
43. IT IS FURTHER ORDERED that the request for waiver of Geographic Service
Requirements as to international and domestic coverage IS DISMISSED AS MOOT for the reasons set
forth herein.
44. IT IS FURTHER ORDERED that the Petitions to Deny of Telesat Canada and ViaSat,
Inc. ARE GRANTED to the extent that some of the conditions requested by Telesat Canada and ViaSat
are imposed, as indicated herein, and are otherwise DENIED.
45. IT IS FURTHER ORDERED that the Petition to Deny of Iridium IS DISMISSED AS
MOOT.
46. Any future grant of earth station licenses for operations with the Audacy system will be
subject to the following conditions:
a. Operations in the 37.5-40.0 GHz bands are unprotected with respect to the fixed and
mobile services, except as authorized pursuant to 47 CFR § 25.136.
b. Operations in the 47.2-48.2 GHz band must provide interference protection to the fixed
and mobile services, except as authorized pursuant to 47 CFR § 25.136.
c. Audacy’s earth station emissions in the 50.2-50.4 GHz band must comport with the limits
contained in ITU-R Resolution 750 (REV. WRC-15) and/or footnote US156 to Section
2.106 of the Commission’s rules, 47 CFR §2.106, footnote US156, including any future
revisions of footnote US156 to Section 2.106. Such revisions may be introduced either
because of modifications that may be approved by WRC-19 to Resolution 750, or as a
result of a Commission rulemaking proceeding, independent of any ITU deliberation.
d. Any future grant of earth station licenses for operations with the Audacy system will be
subject to the following condition, unless the condition is satisfied prior to such license
grant: in the 48.94-49.04 GHz band, operations must be coordinated with radio
astronomy stations operating on a co-primary basis in this band.
47. IT IS FURTHER ORDERED that this grant and any earth station licenses granted in the
future are subject to modification to bring them into conformance with any rules or policies adopted by
the Commission in the future.
48. IT IS FURTHER ORDERED that Audacy must coordinate physical operations of
spacecraft with any operator using similar orbits, for the purpose of eliminating collision risk and
minimizing operational impacts. The orbital parameters specified in this grant are subject to change
based on such coordination.
49. IT IS FURTHER ORDERED that this authorization is also subject to the following
requirements:
a. Audacy must post a surety bond in satisfaction of 47 CFR §§ 25.165(a)(1) & (b) no later
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Federal Communications Commission FCC 18-72

than July 7, 2018, and thereafter maintain on file a surety bond requiring payment in the
event of a default in an amount, at minimum, determined according to the formula set
forth in 47 CFR § 25.165(a)(1); and
b. Audacy must launch 50 percent of the maximum number of proposed space stations,
place them in the assigned orbits, and operate them in accordance with the station
authorization no later than June 7, 2024, and Audacy must launch the remaining space
stations necessary to complete its authorized service constellation, place them in their
assigned orbits, and operate each of them in accordance with the authorization no later
than June 7, 2027. 47 CFR § 25.164(b). 131
c. Failure to post and maintain a surety bond will render this grant null and void
automatically, without further Commission action. Failure to meet the milestone
requirements of 47 CFR § 25.164(b) may result in Audacy’s authorization being reduced
to the number of satellites in use on the milestone date. Failure to comply with the
milestone requirement of 47 CFR § 25.164(b) will also result in forfeiture of Audacy’s
surety bond. By June 22, 2024, Audacy must either demonstrate compliance with its
milestone requirement or notify the Commission in writing that the requirement was not
met. 47 CFR § 25.164(f).
50. IT IS FURTHER ORDERED that the request for partial waiver of footnote 5.556A to
allow NGSO operations on an unprotected, non-interference basis in the 54.25-56.9 GHz and 57.0-58.2
GHz frequency bands IS GRANTED.
51. IT IS FURTHER ORDERED that the request for waiver of 47 CFR § 25.156(d)(4) IS
GRANTED.
52. IT IS FURTHER ORDERED that the request for waiver of 47 CFR § 25.157(c)
concerning availability of spectrum in a processing round IS DENIED.
53. IT IS FURTHER ORDERED that based on the spectrum sharing opportunities addressed
in Paragraph 24 above, which presumes grants on a co-frequency basis with other satellite systems, the
request for waiver of the band segmentation provision in 47 CFR § 25.157(e) IS DISMISSED AS
MOOT.
54. IT IS FURTHER ORDERED that the request for waiver of 47 CFR § 25.202(a)(1),
concerning the availability of the 50.4-51.4 GHz band for FSS, IS DISMISSED AS MOOT.
55. IT IS FURTHER ORDERED, that Audacy’s request for authorization using the 50.4-51.4
GHz band for service and gateway uplinks is deferred pending Commission action in the Spectrum
Frontiers Proceeding.
56. IT IS FURTHER ORDERED that Audacy’s request for waiver of Sections 25.114(c)(8)
and 25.208(r) of the Commission’s rules, 47 CFR §§ 25.114(c)(8), 25.208(r), concerning power flux
density limits in the 37.5-40.0 GHz band is DENIED.
57. IT IS FURTHER ORDERED that the request for waiver of 47 CFR § 25.156(d)(5),
concerning processing of NGSO applications, IS DISMISSED as MOOT.
58. IT IS FURTHER ORDERED that the request for waiver of the Ka-Band Plan IS
DISMISSED as MOOT.

FEDERAL COMMUNICATIONS COMMISSION

131We note that the NGSO FSS Order modified Section 25.164(b) to offer additional flexibility and requires launch
and operation of 50 percent of an authorized system within six years of grant and the remaining satellites within nine
years of grant.
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Federal Communications Commission FCC 18-72

Marlene H. Dortch
Secretary

22

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Document Modified: 2019-04-13 21:16:38

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