Attachment MOO

MOO

MEMORANDUM OPINION AND ORDER submitted by FCC,IB

MOO

2005-05-24

This document pretains to SAT-PDR-20050110-00024 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2005011000024_433966

Federal Communications Commission pa os.is04 Federal Communications Commission Washington, D.C. 20554 1CO Satelite Services G.P. ) Applicationfor Modification of ; IBFS Nos. SAT—MOD—20050110—00004 2 GHzLOI Autorization ) SAT—LOI—19970026—00163 Petition for Declaratory Rulingor Waiver ; TBFS No. SAT—PDR—200501 10—00024 MEMoRanbuM orion anp orpeR Adopted: May 24, 2005 Released: May 24, 2005 By the Chict, Intermational Bureau 1. INTRODUCTION 1. By this Order, we grant a petition for declaratory ruling filed by 1CO Satellte Services G.P. (‘1CO") and modify its reservation of spectrum for provision of 2 GHz Mobile Satellite Service (‘MSS®) in the United Sttes." Specifically, we modify ICO‘s reservation of spectrum to provide for operation with a single geostationary—satelite—orbit (°GSO") satelite, to be known as 1CO—G, atthe 91° W.L. orbitl location, instead of non—acostationary—satellite—orbit (NGSO®) satelites. We also revise 1CO‘s implementation milestone schedule, authorize use of Ka—band frequencies for feeder—link and on— station telemetry, tracking, and command ("TT&C) transmissions, re—specify the amount of spectrum reserved for service—link assignments, and deny a request for a rule waiver to reserve C—band frequencies for TT&C use. This action will enable ICO to proceed with implementation of a 2 GHz MSS system on a schedule that willresultin timely institution of new service. 1. BACKGROUND 2. On July 17, 2001, the Commission granted eight requests for 2 GHz MSS licenses or reservations of spectrum, including an application by 10O‘s predecessor—in—interest" for a. non— gcosttionary—satllite—arbit (‘NGSO®) system with feeder—link frequencies in the 5150—5250 Mz and 6975—7075 MHz bands," Th licenses and spectrum reservations for NGSO systems were granted subject to conditions that required adherence tothe following implementation "milestone" schedule:* ! 2 Oz MSSrefers to MSS usingfrequenciesin the 2000:2020 MHz uplik band and 2180—2200 Mz downink band fo servicink transmission, L. transmission betweenthesatelite() and mobile carthsaions. See Extablishment ofPolicis andService Rulesforthe Mobile Suelite Service in the 2 GHiz Band (Report and Ordeo, CC 00—302, 15 FCC Red 16127 (2000)(2 GHz MSS Report and Order"). * Namely,1CO Servies Limited. Hereater, we willsimply referto 100 Steite Services G.P. and ts prodecessors— in—inerest as ‘1CO®,withoutdistinction. * 1CO Services Limied, DA 01—1635, 16 FCC Red 13762 I/OET 2001) TCO Authorizaion Order®). 1C0‘s porentcompany had previouly obtained provisonalauthorty fom the government ofthe United Kingdom for constictin, lanch, and opertion ofthe proposed NGSO conselition. ‘1e anse.

Federal Communications Commission pa os.1504 Mitestone Deadline Execute nor—contingent satelite manufacturing contract July 17, 2002 Complete Critial Design Review July 17, 2003 Begin physicalconstruction ofall satelites January 17, 2004 Launch two completel—constructed satelltes January 17, 2005 Certify that entire system is operational July 17, 2007. The milestone schedule for GSO 2 GHz MSS systems specified a July 17, 2004 deadline for beginning physical construction and a July 17, 2006 launch deadline but was otherwise identical tothe schedule for NGSO systems." 3. In Ostober 2001, 1CO filed an affidavit certifying that it had met the first milestone deadline by signing a non—contingent contract with Hughes Space and Communications International Inc. (now Bocing Satellte Systems Intermational, Inc.) for construction of twelve NGSO satelltes on a schedule consistent with the milestone requirements in its authorization." 1CO also certified that citical design review for its MSS system had been completed and that "physical" construction of all twelve satelites had begun and was well under way.". Further, 1CO reported that Bocing Satelite Systems International (‘BST") had already completed construction of two of ts satelltes, and that both had been Inunched, one in March 2000 and the other in June 201. 1CO indicated, however, that only one of the satelltes had been placed in orbit, the other having been destroyed due t faiure ofhe launch vehicle." 4. After examining relevant contractual documents, the Internationa! Bureau confirmed that 1CO had, in faet, met the requirement to excute a non—contingent satellte—construction contract on or before July 17, 2002." Based on examination of other documentary evidence, the Bureau lter confirmed that 1CO had also satisied the requirement to complete critical design review for ts authorized satelltes by July 17, 2003.." 5.. On January 10, 2005, 1CO filed a statement certfying compliance with the requirement to lsunch two satelites on or before January 17, 2005, and requested either a declaratory ruling that it met that requirement or a waiver of the requirement" At the same time, 1CO also applied for modification of ts reservation of 2 GHz MSS spectrum to reflect use of a single geostationary—orbit ("GSO®) satelite, rather than a constellation ofNGSO satelites. 1CO also requested reservation of Ka— band frequencies for feederdink and TT&C transmission, and reservation of C:Band frequencies for emergency TT&C operation."" 1CO also requested a waiver ofthe policy requiring the Iaunch of a GSO * see TMI Communications and Conpary,Linited Partrershi, DA O1—1638, 16 FCC Red 13808 (IB/OET 2001) t u. " Leter wi atachments from Chery! A. Trit, Counse! to 1CO, t the FCC Secreury (Oct. 15,2001) (‘October 2001 Centiication Lener®) ‘ve * 14. secand atachment " See Public Notie Report No. SAT—00135, DA 03—386, 18 FCC Red 1732 (Feb. 10,2003) (nnouncing that Celsu, Iridium LLC, and ICO Services Linited metthe fist milestone requirement. " See Public Notice Report No. SPB—203, DA 04—78, 19 FCC Red 5330 (March 25, 2004). "peition for Declaratory Ruling o, Aternatively, fora Waiver, ied Jan. 10, 2005. "* Application to Modify ettr ofIntent Authorization of1CO Satelite Services G.P, fled Jan. 10, 2008 (7CO 2

Federal Communications Commission va os1804 satelite within five years following an inital reservation of spectrum, arguing that such a waiver was warranted because contractusl diffculties with BST had delayed unavoidably its implementation of an NGSO system. The Bocing Company, BST‘s corporate parent,filed comments on both the petition and the modification application, contending that 1CO‘s account of a contractual dispute with BSI was inaccurste." i. piscussion A. Compliance with Milestone Requirements Current Authorization 6. There is no need to consider ICO‘s application for modification if its spectrum reservation is void for failure to meet a past milestone deadlin._ Therefore, before discussing 1CO‘s application for modification, we address unresolved issues pertaining to compliance with milestone requirementsthatfell ue under the existing terms of ICO‘s spectrum reservation. 7. We determined previously that ICO met the initial milestone requirement to enter into a non—contingent satelite construction contract by July 17, 2002, and the requirement to complete criical design review by July 17, 2003. It remains to be determined whether 1CO also met the requirement to commence physical construction of all ofthe authorized NGSO satelites by January 17, 2004, and the requirement to Iaunch two ofthem by January 17, 2005. $ Physi struction Jan 8. As noted above, 1CO certified in October 2001 that two of ts proposed satelltes had been completely constructed, delivered, and Iaunched and that physical construction of ten more satellites was in progress. More specifically, ICO reported thatsix assembled satelites were undergoing testing and that four more were partilly assembled."" 1CO later submited an affidavit leter from BSI confirming that all long—lead items necessary for construction of ICO‘s satelites had been ordered and that "construction of the ICO system has long [ago] commenced."— Based on these representations, we find that 1CO met the requirement to begin physical construction ofall o ts authorized NGSO satelites on or before January 17, 2004. 2.. Launch ofTwo NGSO Satellitesby January 17, 2005 9. In its petition for declaratory ruling ICO contends that it should be credited with meeting the deadline for launching two NGSO satelites, although only one ICO NGSO satellte went into orbt. 1CO maintains that ‘launch® is commonly used in the satelite industry in a way that does not depend on whether a payload reaches orbit. For instance, ICO stresses that ts NGSO—satelte—construction contract with BSI defines launch as "the pointin time when there is ... ntentional ignition ofany firststage motor of the Launch Vehicle by the Launch Services Provider" and that "launch" was similarly defined in an Modfcation Applicaton"). " Comments ofThe Bocing Company, ied March 7, 2005.l see Response of1CO Satelite Services,G.P, filed March 22,2005, and Reply ofThe Bocing Company filed March 29,2005. "*1C0 Servies Linited Section 25.143(e) Report, filed as atachment to October 2001 Cenification Leter. * Leter dated July 25, 2003 from Donald M. MacKenzie, 1CO Program Manager, Bocing Sotelite Systems Intermational, In. t thPresident of1CO Global Communications (Operation) Linite, fled as Atichment 3 to Requestfor Confidental Treatment Aled July 28, 2003 in IBFS File No. SAT—LOI—19970926—00163. 3

Federal Communications Commission pa os.1s04 insurance policy for ts NGSO satelltes as "Intentional Ignition not followed by Terminated Igniti 10. 1C0‘s understanding of the deadline for launching two NGSO satelltes is consistent with the ordinary vernacular meaning of "launch.". In common parlance, the word simply refers to the inital act of setting something in motion. As there is no clear indication in the 2COAuthorization Order or the Commission‘s rules that the word is used in a non—ordinary sense in the milestone condition in question, we agree with 1CO that it should be understood in is plain—English sense in that context. Hence, we find that ICO met the requirement to launch two NGSO satelites on or before January 17, 2005. 8. Ap ation for Modification 1 Gen ral Princ 11. In order to promote competition, flexibliy,and technical innovation, the Commi Jeaves spacecraft design decisions to the system operators insofar as possible consistent with basic regulatory objectives." Accordingly, the Commission has consistently: granted. applications for modification of systems in satelite services when the proposed modifications present no significant interference problem and are otherwise consistent with Commission policies."" 2. Interference 12. The modifications that 1CO proposes do not present a significant interference problem with respect to service—link operation, feeder—link operation, or on—station TT&C operation. 1C0‘s proposal to use C:Band spectrum for transfe—orbit TT&C presents a significant iterference problem, as there is curently an authorized spacecraft operatingin the C:Band at 91° W.L. 13. ServiceLinks. The changes that 1CO proposes have no bearing on assignment ofservice— link frequencies, and the proposed change from NGSO to GSO orbital architecture does not raise any interference or coordination issues with respect to service—link operation. 14. Eeeder Links and On—Station TT&C 1CO‘s reservation of spectrum currently provides for use of 100 megaherte of C—Band spectrum for feeder—link transmission in each direction between satellites and gateway earth stations in the United States. n the application for modification, 1CO requests suthority to use the 29.25—30 GHz band for feeder uplinks and the 18.55—18.8 GHz and 19.7—20.2 GHz bands for feeder downlinks between 1CO—G and a single U.S. gateway station."" 1CO also proposes iz "" Since the1CO authorization wasissud, he Commission‘s rules have changed, o that new authorications will specify a miletonerequiringa lcensee to "launch and operate" the fistsatelite in the system. See 47 CR § 2siee). "* See AMSC Subsidiary Corp, DA 98—193, 13 FCC Red 12316 (In‘I Bur,1998), in carlie decisions. "* Se, eg, The Boeing Company, DA 03—2073,18 FCC Red 12317 (In‘I Bur, 2003)(*Boeing Modyication Order") at 47 Sirius Seelite RadioInc, DA 01—629, 16 FCC Red $419 (In Bur.2001) at ; GTE Spacenet Corp, DA $0—328, S FCC Red 4112 (CC Bur,1990) t $8; and Teledesic LLC, DA 99—267, 14 FCC Red 2261 C1 Bur 1999)ar 5. * 1CO ModJeaton Application t 11. 1CO indiates hat it wilincororate guard bands nto is system,such that the necessary bandwidth ofis operations willbe 625 MHz in each diection oftransmission. a

Federal Communications Commission pa os—1s04 to use frequencies within these bands for on—station TT&C transmissions between ICO—G and a control carth station in the United States, transmitting. command/ranging signals at 29.999 GHz: and telemetry/ranging signalsat 20.199 GHz." 15. In the Ka—Band Fized Satellte Service Rules Order, the Commission extended its two— degree spacing requirements between in—orbit satelltes to space stations in the Ka—band._These rule requirements faciliate maximum interference—free use of the geostationary satellite orbit.". 1CO has submitted the technical information required for assessment under these rules." From review of this information, we find that 1CO‘s proposl for Ka—band feeder—link and on—station TT&C operation is two— degree compliant and meets all other prtinent technical requirements in the Commission‘s rules. 16. Future, US— nsed Keband earth stations that communicate with 1C0—G must coordinate with U.S. Government systems in accordance with Footmote US334 to the Table of Frequency Allocations."" This footnote requires coordination of commercial systems with U.S. Govenment GSO and NGSO satellte systems that are presently operating in the 17.$:20.2 GHz frequency band. These Govermment systems operate in accordance with the power flin—density limits prescribed in the ITU Radio Regulations." 17. 1C0 must also comply with Foomote US25S to the Table of Frequency Allocations, which prescribes power flin—density imits for the 18.6—18.8 GHz band to protect the Earth Exploration Satellite Service (passive)" 18. Emergency TT&C 1CO requests authority to use C:band frequencies for TT&C operation in the event its Ka—band TT&C links are not functioning.. Specifically, 1CO proposes to transmit Earth—to—space command/ranging signals at 5026 MHz and 6424 MHz and space—to—Earth telemetry/ranging signals at 3701 MH and 4196 MHz in such emergencies."" The proposed emergency " 1C0 Modifcation Application, Appentix A s 31. "* Ka—Rand FSS Rules Order, 12 ECC Red ut 22320 423. ® see 47 CFR.§§ 25.114 and 28210 * See47 CER. §2.106 US334. Govemment GSO space sttions have been authorized by the National Telecommuniations and Information Administation at 144° WL, 141° W 127° W.L, 69° W.L, 65 W.L., 60° w.L, 300 WL, 200 W.L, 15° W10° WiL, 0°EL, 44 EL. 75° EL$2°EL, 92°EL, and NO EL. * See Redesignation ofthe 17.7—19.7 GHis Frequency Band, Blankes Licensing ofSatelte Barth Saions in the 17,7—202 Gite and27.3—30.0 GiHz Frequency Bonds, and the Alocation ofAdditonal Spectrun in the 17.3—17.8 GHls and24,78—25.25 GHiz Frequency Bandsor Broodeast Satelte—Service Use, Report and Order, 1B Docket No. 96—172, 15 FCC Red 13430, 13473 190 2000)(*18 GHtz Band Report and Order®). The pover Alncdeosiy limits in the183—18.6 GHt band are—1 19108 dB (W/m) in smy one megaberte band, depending upon he angle ofrivl "There are curenty no pover fhncdensiy liits or the 19.7— 20.2Gz band. See Leterfrom Wiliam T. Hatch, Natioal Telecommunications and Information Administation, to Date Hatheld, Chi,Offce oEngineering and Technology, Federal Communications Commissin (Mar. 29, 2000). * 47 CR §2.106 US2SS (as evised in he 78 GHiz RandReport and Order,15 FCC Red at 13489) stesIn additionto any other applicable Imits, the power flx—densiyacrossthe 200 Mz band 18.6—18.8GHtz produced at the surfice ofthe Earth by emissions from a space sttion under assumed free—space propagation conditions shall not exceed—95db(W/in2)forall angles ofarrival. This imit may be exceeded by up to 3 dB forno morethin 5% ofthe time. " 100 also intends o use C—band frequencis fortransfe—arbit TT&C, butthe ransr—rbit opertion would not s

Federal Communications Commission paos—1504 use of C—band frequencies would involve communication with one or two U.S. earth stations. 19. In comnection with this proposal, ICO requests a waiver of Section 25.202(g) of the Commission‘s rules." which requires satellte operators to use frequencies for TT&C that are within their assigned bands for linking with fixed earth stations." The rule serves the purpose ofsimplifying the intersystem coordination process by limiting the number of potentially affected operators. It also provides an incentive for an operator to maximize the spectral efficiency ofa system‘s TT&C operations, since the greatest impact ofany inefMciency in TT&C operations is likely to be on the services offered by the operator‘s own satelite. 20. The Commission may grant a waiver of its rules if the relief requested. would not undermine the policy objective of the rule in question and would otherwise serve the public interest." We conclude that a waiver is not warranted in this instance.. Panamsat is authorized to, and currently does, operate a C—band spacecraft atthe 91° W.L. orbitallocation. Therefore, we cannot conclude that allowing 1CO to operate TT&C in the C:—band atthe 91° W.L. orbital ocation would not adversely affect operations of co—located and neighboring C—band U.S—Jicensed satellites. Accordingly, we deny 1COs waiver request. 3.. Policy Concerning Change ofOrbital Architesture 21. Under the Commission‘s licensing rules for 2 GHz MSS, applicants were free to specity sither GSO or NGSO systems, and the Commission did not indicate a preference for either type oforbital architecture over the other."" Hence, there is no Commission rule or policy that precludes modification of a 2, GHz MSS spectrum reservation to change the orbital—architecture specification from NGSO to aso. 4. Milestane 22. 100 has metall ofthe milestone requirements in its authorization that have fallen due so far. Although the steps taken to satisfy those past milestone requirements went toward implementation of an NGSO system, ICO has also taken significant steps toward implementation ofthe GSO system that t is now proposing.. On January 10, 2005, 1CO executed a contract with Space Systems/Loral, Inc. providing for construction of the proposed GSO satellte on a schedule consistent with the ultimate requirement to commence operation by July 17, 2007." We have examined the GSO satellite— involve communiation with a U.S. earth statlonand i herefore beyond the PCC‘s juridiction. " See 4 CER §25200@). ® Amendmentofthe Conmission‘s Rules With Regard to the 3650—3700 Mz Government Transfer Band, FCC 00— 363, 15 FCC Red 20488 (2000) at f129. > See WAFTRodio 418 F24 se 1157. "" See 2 GHs MSS Report and Order st¥§ 13—15. ""—The Bureauhas accordingly rante a previous request for modifcation ofa 2 GHiz MSS icense that oriinally provided for opertion of an NGSO system to authorize operation withasingle GSO stelit instead. See Poeing Modifeation Order, supra. C Srius Satellte Radio Inc, supra (ranting requesfor modificaon from GSO to NGso). 100 file edacted and unedacted caples of the construction contact wth a requestfo confidentl weatment of thelater. See Requestfor ConBidetal Treamentfled May 9, 2005. 6

Federal Communications Commission a os—1504 construction contract and find that t is "non—contingent,"as that term has been defined in previous decisions. 23. 1CO indicated in the modification application that Critieal Design Review (°CDR") for the GSO satelite would be completed before the end of May 2005 and has since certified that the CDR was completed."" In a confirming letter, Space Systems/Loral‘s Senior Vice President reported that the CDR was completed on April 29, 2005 and that Space Systems/Loral had received all payments due so far under the contract with 1CO.". Based on examination of the CDR documents," we find that CDR for the proposed GSO satelite has,in fct, been completed. 24. 100 indicated in the modification application that physical construction of the GSO satellte will begin in July 2005, that satelite construction will be completed in May 2007, that the satelfite wll be Inunched by July 1, 2007, and that the entre system will be operational by July 17, 2007. This timeline is consistent with the performance and payment schedule in the contract with Space Systems/Loral, which requires major long—lead components to be ordered by August 15, 2005, final assembly and pre—delivery testing by May 1, 2007, and launch by July 1, 2007. Although this contractual post.CDR performance schedule is shorter than usual, we believe that it is achievable, in view ofthe fact that 1CO has metall previous milestone deadlines in its current authorization, the construction contractor is an experienced satelite manufacturer,the proposed GSO satellte is of a relatively simple bent—pipe design, and most ofthe components are "legacy" equipment that has been used or developed for previous projects. 25. 1C0‘s postCDR timeline inconsistent in two respects with the Commission‘s milestone schedule for 2 GHz MSS systems with GSO architecture, which requires physical construction to begin within three years after iniil grant, e., by July 17, 2004, and launch to occur within five years, ie, by July 17, 2006."" Granting the modification application with the milestone schedule that 1CO proposes would extend the time allowed for stating physical construction and the time allowed for Imunch by approximately one year.. We conclude that granting such extensions in this case is warranted in view of the following: i) 1CO has met all of the past—due milestone requirements in its curent authorization, including completing construction of two satelftes and launching them, within the time periods originally. prescribed; ii) 1CO has demonstrited, by entering into a non—contingent satellte construction contract and completing CDR for the proposed GSO satellte prior to disposition of its modification application, that it is committed to rapid implementation of the proposed GSO satellte system;ii) both parties to the GSO construction contract have certified that it is in full effect and that all performance and payment obligations arising under it to date have been met; and iv) the GSO construction contract specifies an achievable performance schedule consistent with the previously— * See MJ Conmunications and Compary, Linited Partrershp, and TerreStar Nemworks,Inc. Appllcalonfor Review and Requestfor Say, CC 04—144, 19 FCC Red 12603 (2004) (*TMReinstatement Order®), t 447. ** Affiavit ied as Atachment 1 to Requestfor Confidental Treatment fied May 10, 2005 * Leter dted May 6, 2005 rom Christopher F.Hocher, Senior VicePresident, Space SystemsLoral, to Dennis Schmit, President 1CO Satelie Management LLC, fleas Atachment 2 to Request for Confidentl Treatment filed May 10,2005. "" see Requestfor Confidental Treatment fled May 10, 005. "" see 2 GHiz MSS Reportand Order t$106.

Federal Communications Commission pa os—1s04 specified milestone deadline for commencing opertion »" 26. Although the Commission said when adopting service rules for 2 GHz MSS that Hicensees should "identify any system modification needing prior FCC approval well in advance of the CDR milestone," that language was precatory in nature and does not necessarily preclude grant of applications for modifcation of space—station design filed afte the two—year CDR deadline.® In light of 1CO‘s substantial compliance efforts to date,including completion of CDR for the modification at issue, and its proposed course of action to meet thultimate deadline for commencing service, ICO‘s requested modification will be granted despitethe fact that it was filed afterthe CDR deadline. 27. Because 1CO‘s timetable for completing construction is extremely. ambitious, and because any significant slippage in system implementation will likely result in ICO missing the ultimate date for having a system in operation, the grant of ICO‘s modification will be conditioned on a number of intermediate milestones consistent with the performance schedule in its satelite—construction contract We will also require ICO to report any significant deviations from the current contractual schedule for completion of satelite construction." 5. Coverage 28. Section 25.143(b¥2)ofthe Commission‘s rules requires 2 GHz MSS GSO systems to be eapable of providing continuous coverage throughout all 50 states, Puerto Rico and the U.S. Virgin Islands,iftchnically feasible."* As described in the application for modification, the 1CO—G satellite will be equipped with a phased—armay 2 GHz antenna generating 56 Nexible spot beams, which will enable provision of continuous coveragein the continental United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands to the extent possible from a geostationary satellite at 91° W.L._ We conclude that 1CO‘s showing comports with the GSO—system coverage requirement in Section 25.43(b)(2). 6. Station—Keeping 29. 100‘s modification proposal is consistent with FCC rules pertaining to station—keeping. 30. Tolerance.|The application indicates that the 1CO satellte will be maintained in longitude within £0.05° ofits nominal orbita location for all latitides within +0.05° ofthe equator." Thus, with respect to operations at or near the nodal points of it orbit, the satelite‘s operations would be consistent with Section 25.210() of our rules, which requires that GSO space stations be maintained within 0.05° of their assigned orbita longitude in the east/west direction, unless specifically authorized "" We do not plce any relince, howeverin 100‘s contertion that unforeseeable "contractul diffcuties® beyond is contrl prevent completeimplementaion ofth originaly—suthoried NGSO aystem by Jul 17, 2007, 100 has not explained in suficient deail what he natureofthe contractual problem is or how th problem arose to support a findin thatth problem was eiter unforeseeable or beyond 1CO‘s contrl. "* The Commission did not adap a rile provision baring grant of such applcations if filed afe the CDR deadne. See 2 GHfs MSS Report and Order w 108. " See RL DBS Conpary, LLC, DA 002452, 16 FCC Red 9 (ItI Bur, 2000). un con 52514300000 © 100 Modication Apolication, Appendix A t 27.

Federal Communications Commission ba 0s—1504 by the Commission to operate with a different longitudinaltolerance." 31. NovthSouth Tolerance To save station keeping fuel, 1CO indicates thatit will operate its satellite with an initial north—south inclination® of as much as six degrees. The inclination would tially decrease under the influence of gravitational forees ofthe sun and moon and would gradually Mluctuate between about zero and six degrees"" during the expected service ifetime ofthe satelite. 1CO states that its satellte will operate in compliance with the requirements for inclined orbit satelites in Section 25.280 ofthe Commision‘s rules."" This proposal does not present any cause for concem.. We remind 1CO, however, thatunder the ITU Radio Regulations, operation ofa GSO satelite in an allocated FSS band is entiled to protection against interference from co—frequency NGSO satellites only if the GSO satelit‘s north—south inclnationis 4.5° or less" Thus, during periods in which 1CO—G operates at an inclination ofmore than 4.5, is operations will not be protected from interfering co—frequeney NGSO operations, unless ICO secures protection for operationat such higher inclinations through coordination. 7.. Orbital Debris Mitigation 32. Section 25.143(b) of the Commission‘s rules requires applicants to submit a narative statement describing their strategies for Orbital Debris mitigation." 1CO submittd a narrative statement with its application, describing the orbital debris mitigation design strategies for 1CO—G. We have reviewed these submissions and conclude that they raise no substantial concerns that would call into question whether spectrum should be reserved for ICO. 1CO indicates, however, that there are four other s operating within 0.1 degree of the 91° W.L. orbital location."" 1CO indicates that it will begin coordinating locationissues with those satelites two years before the expected launch of ts stellite, will explore a number of potential fight dymamic solutions, and will seek any necessary modifications to its spectrum reservation necessitated by such coordination. In order to ensure that this issue is addressed on a timely basis, we will specify milestones for commencement of eoordination ofthe physical location of the spacecraft, as well as for completion of such coordination and the filing of any necessry modification requests by 1CO. "*47 CR § 25283 (0, See Miigation oOrbital Debris, Second Report and Order, IB Docket No.02:54, 19 ree Red 11567 2004 * Theinlination ofan orbi is the anglebetweenthe orbtal plneand the Earth‘s equatorial lane,measured counterclockanise. A zero incliationorbiwould mean the satele is orbtin directly ove th equator an incliation 90 degress is a perfetly polrorbi "* Opertionsat an inclinaton o es than S degrees, may, under ceraln circumstances, require operation such that, at poins away from the nodalpointsthesution—keepingtolerance would exceed + 0.1® in the eastwestdiection. "The ITU Radio Regulations pernit such aperations by Ka—band FSS spacesations, subjecttothrequirementthat (hose opertions must not cause unseceptable iterference. See TTU Radio Regulations Articl22,Section L footmate 27,an Radio Regubtions 22.6, 22.8, and 22.10. ©47 CR § 28.280,. See ICO Modcation Application, Appendix A at 27—28. "* See TTU Radio Regulations, Aticle 22.51, Table 22—4B. "a onR q200 " Galaxy 9, Galixy11, Nimig 1, and DirecTV.3. 1CO Application t 41—42. o

Federal Communications Commission pa os—1s04 for First—Come—Firs—Served Ka—Band R 33. A request for reservation of spectrum for provision of service in the United States via a non—U.S—lieensed GSO satelite that has yet to be launched can be granted pursuant to the Commission‘s first—come,firs—served licensing procedure" if the satelte system has been submitted for coordination to the International Telecommunication Union ("TTU®)."_1CO reports that the government of the United Kingdom has filed an Advanced Publication Information with the TTU on its behalf for the 1CO—G system. The report is confirmed by a letter fom an official ofthe U.K. Office of Communications that 1CO filed with ts application for modification." We therefore find that ICO has met this prerequisite for grant of its request for reservation of Ka—band spectrum pursuant to the first—come—first—served procedure. C. Conforming Modification of Service—Link Reservation 34. 100‘s current spectrum reservation provides for selection of blocks of five megahertz of spectrum in each direction of transmission for service—ink operation in the 2 GHz MSS bands." However,thisreservation was made subject to the outcome ofa then—pending application for review ofa determination that TMI‘s 2 GHz MSS spectrum reservation was voi application for review and rei . indicated that TMI would receive four megahertz in each direction of transmission and delegated authority to the International Bureau to modify the gther remaining 2 GH MSS authorizations to re— specify Selected Assignment bandwidth accordingly."". Accordingly, this Order modifies 10O‘slicense to specify four megaherte of spectrun in each direction oftranstmission for service—link operation.»" 1. concrusion 35. We conclude that 1CO is legally and technically qualified and that grant of its modification application, subject to the conditions specified herein, will serve the public interest, convenience, and necessity. * See 47 CFR §25.158. " Seed7 CER §25.1370). ® Lettr dated Jn.6,2005 from .0. Philps, Head oSatlite Unit, Office ofCommunications, to the FCC Interational Boreau. * 100 SarliteServies G.P, DA 02077, 18 FCC Red 12339 (2003)(*Firs ICO Bandwidth Adjustment Orde®); Clsat Anerica Inc, DA 03—2076, 18 FCC Red 12337 2003The Bocing Conpary, DA 03—2073, 18 FCC Red (2003);dn 2GH LLC, Da.03—2075, 18 FCC Red tasss (2003). " TMi Reinstatement Order spro. * 1 an.108. " This ction is witout prejudiceto the posibleassignment oaddtionl spectrum to 100, asa result ofthe cancelition of icenses that have occurred subsequent t the grat of TMI‘s applcation for review. 10

Federal Communications Commission pa os—1s04 11. ORDERING CLAUSES 36. Accordingly, IT 18 ORDERED that ICO Satellte Services, G.P‘s Application, SAT— MOD—20050110—0004 (Call Sign S2651), 1S GRANTED, and 100 Satelite Services, G.P,, 18 RESERVED radio—frequency spectrum for a single geostationary—satellte—orbit satelite to operate at 91° W.L.,in the 2000—2020/2180—2200 MH bands in the United States, in accordance with the technical specifications set forth in its application the conditions set forth in this order and consistent with our rules, unless specifially waived herein,and subjectto the following conditions: a.. 100 Satelite Services, G.P. shall choose a Selected Assignment in each ofthe 2000—2020 MHz and 2180—2200 MHz frequency bands upon commencing operation of a 2 GHz MSS satellte in its authorized orbit location; b. The Selected Assignments will give ICO Satelite Services, G.P. access to 4 megaherts of contiguous spectrum in each direction oftransmission on a primary basis® c. Each Selected Assignment shall be chosen such that a band edge of the assignment coincides with an edge ofthe encompassing 2 GHz MSS band or is an integer multipe of4 megaherte from an edge ofthe 2 GHz MSS band; and 4. Operations in frequencies in these bands outside the Selected Assignments shall be on a secondary basisto operations of other 2 GHz MSS systems. 37. TT 18 FURTHER ORDERED that 1CO Satelite Services, G.P, 18 RESERVED radio— frequency spectrum in the 2925300 GHz (space—to—Barth) and 18.55—18.8/19.720.2 GHz (Earthto— space) frequeney bands, for feeder link trnsmissions and for on—station Tracking, Telemetry and Control transmissions at 29.999 GHz and 20.199 GHz, in accordance with the technical specifiations set forth in its application, and consistent with our rules unless specifically waived. herein, and subject to the following conditions: .. All Ka—band downlink operations must be coordinated with U.. government systems in accordance with footrote US 334 tothe Table of Frequency Allocations,47 C.ER. § 2.106. b. Ka—Band downlink operations in the 18.6—18.8 GHe frequency band must comply with the power flux density limits specified in foomote US25Sto the Table ofFrequency Allocations, 47 C.FR. §2.106. 38. IT 1S FURTHER ORDERED that this Order shall become NULL AND VOID in the event the space station authorized herein is not constructed, launched, and placed into operation in secordance with the technical parameters and terms and conditions of the authorization by the following dates: "* Thi specifieation oadditional seviceink spectrum may be subjec to adjustment aferdispostionofpending pettions for reconsideration andjudiciareview, and is wthout prejudice to resolition offurther milestone iss or dispostion ofpending applications. H

Federal Communications Commission pa os—1s04 Inplementation Milestone Deadline Commence coordination of the physical operation July 17, 2005 ofthsatelite Place order for TWTAs September 15, 2005 Complete bus wire hamness fabrication January 15, 2006 Start communications pane/payload integration March 1, 2006 Complete propulsion integration May 1, 2006 Complete bus integration July 1, 2006 Complete coordination of the physical operations July 17, 2006 of the sitellite, and: file any modification appliations necessitated thereby Complete main body integration October 1, 2006 Completereference performance test January 1, 2007 Complete thermal vacuum test March 1, 2007 Launch setellte July 1, 2007 Certify that satelite is operational July 17, 2007 39. TT IS FURTHER ORDERED that 1CO Satelite Service, G.P. shall file a notifcation with the Commission in the event that any of the contractual milestones listed in Appendix. F of its satelite manufacturing agreement will be completed later than 14 calendar days following the scheduled completion dates isted in Appendix F. 40. TT IS FURTHER ORDERED that 1CO Satellite Services, G.P. mustfile a bond with the Commission in the amount of $3,000,000.00, pursuant to the procedures set forth in Public Notice, DA 03—2602, 18 FCC Red 16283 (2003), by June 24, 200. 41. TTIS FURTHER ORDERED that ICO Satelite Services, G.P.‘s request for a waiver of Section 25.202(8) of the Commission‘s rules to conduct TT&C during on—orbit spacecraft emergencies, using 5926 MHz, 6424 MHz, 3701 MHz, and 4196 MHz, IS DENIED 42. This Order and duthorization is issued pursuantto Section 0.261 of the Commission‘s ruleson delegations oauthority, 47 C.FR. § 0.261, and is effective upon release. FEDERAL COMMUNICATIONS CoMMISSION Donald Abelson Chief, Iterational Burcau 12


Document Created: 2005-05-25 15:06:47
Document Modified: 2005-05-25 15:06:47
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