**Before the**

**Federal Communications Commission**

#  Washington, D.C. 20554

In re Applications of )

)

U.S. Electrodynamics, Inc. ) File Nos. SES-MOD-19990820-1423

) SES-MOD-19990820-1424

For modification of licenses for ) SES-MOD-19990820-1425

five transmit/receive fixed satellite ) SES-MOD-19990820-1426

earth stations at Brewster, Washington ) SES-MOD-19990820-1427

for operation with the ICO Medium )

Earth Orbit satellite system )

**[ORDER AND AUTHORIZATION]{.underline}**

**Adopted: March 10, 2000 Released: March 10, 2000**

By the Chief, International Bureau and Chief, Office of Engineering and
Technology:

**I. [Introduction]{.underline}**

1\. With this Order, we grant conditional authority to U.S.
Electrodynamics, Inc. (\"USEI\") to use an additional three megahertz of
spectrum to provide tracking, telemetry, and command (TT&C)
communications for the ICO Global Communications Medium Orbit Satellite
system. This will allow USEI to provide support for in-orbit maintenance
of ICO satellites pending completion of international coordination and
resolution of pertinent issues in domestic service-authorization
proceedings.

**II. [Background]{.underline}**

2\. On June 24, 1999, we granted USEI conditional authority to operate
five identical transmit/receive earth stations at a site in the vicinity
of Brewster, Washington to provide TT&C for ICO's planned satellite
system, using eight megahertz of spectrum in the C-Band.[^1] The ICO

system is designed to provide communications on a global basis via
non-geostationary satellites to users equipped with mobile terminals
using the 2 GHz Mobile Satellite Service (\"MSS\") frequency bands for
service links between users\' terminals and satellites. ICO, a British
corporation, has secured approval from the government of the United
Kingdom for provision of MSS in that country and has filed a Letter of
Intent requesting authority to provide MSS to end users in the United
States.[^2] ICO's Letter of Intent is under consideration in the
Commission\'s pending 2 GHz processing round.[^3] USEI's Brewster
complex is the only site in the United States licensed for provision of
TT&C for the ICO constellation, which will receive additional TT&C
support from facilities situated elsewhere around the world.

3\. As ICO's 2 GHz Letter of Intent is outstanding, the ICO system is
not currently authorized to provide service to end-users in the United
States. Nevertheless, in the *Initial TT&C Order*, we concluded that
permitting a U.S. earth station to provide in-orbit maintenance for
ICO's global satellite system would serve the interest of the U.S.
public by fostering international cooperation in telecommunications
development.[^4] While acknowledging that USEI\'s proposal to use C-Band
spectrum for TT&C might be incompatible with the spectrum requirements
of other licensed or proposed MSS systems, we addressed such concerns or
possibilities by imposing conditions on the license grant.[^5] Thus, we
provided that the TT&C authorization would be subject to any restriction
necessary for conformance with rules or policies subsequently adopted in
the *2 GHz Proceeding*. Further, because the authorization entailed
waiver of the Table of Frequency Allocations and the downlink
frequencies were situated in spectrum bands that had been assigned or
claimed for feeder links for previously-licensed Mobile Satellite
Service systems, we required USEI and ICO to conduct TT&C operations
without harmful interference to other authorized operations.[^6] We also
conditioned the TT&C license on submission of a demonstration that
USEI's Earth-to-space transmissions would not cause unacceptable
interference to authorized TT&C or feeder link operation of the
"Globalstar" Mobile Satellite Service system licensed to L/Q Licensee,
Inc.[^7] Finally, at the request of the National Telecommunications and
Information Administration, we included a condition requiring USEI to
demonstrate compliance with restrictions for protection of Microwave
Landing Systems operating in the frequencies we were assigning to USEI
for TT&C uplinks.

4\. On August 20, 1999, USEI filed an application for license
modification, requesting an additional three megahertz of spectrum for
TT&C operation. The *Initial TT&C Order* had assigned 5179.5-5181.5 MHz
and 5242.5-5244.5 MHz for uplink transmission and 7011-7013 MHz and
7071.9-7073.9 MHz for downlinks. In the modification application, USEI
requests supplemental uplink assignments at 5185.1 MHz, 5185.8-5187.1
MHz, 5236.9-5238.2 MHz, and 5241.2 MHz and supplemental downlink
assignments at 7015.1 MHz, 7017.3-7017.5 MHz, 7068.3-7068.5 MHz, and
7071.2 MHz. USEI states that the additional spectrum is needed for
command and telemetry transmission to support launch, testing,
maintenance, and diagnostic analysis of the ICO satellites.[^8] USEI
represents that this spectrum will not be used for management or
carriage of commercial traffic. USEI indicates that it would not object
to imposition of conditions similar to those specified in the *Initial
TT&C Order*. Its application is unopposed.

5\. The first ICO satellite launch, originally scheduled for a
July/August 1999 time-window, was delayed due to government-ordered
closure of the Russian launch site. Soon after announcing the
postponement, ICO filed a petition for reorganization under Chapter 11
of the Federal Bankruptcy Code. In a pleading filed on January 21, 2000,
USEI reports that the bankruptcy court has granted final approval of a
refinancing plan for ICO, that ICO has advised USEI that the new funding
would suffice for "build-out" and launch of its satellites, and that
launch of the first ICO satellite is re-scheduled for March 12, 2000.

**III. [Discussion]{.underline}**

6\. We continue to believe that it serves the public interest to grant
conditional authorization for TT&C communication between ICO satellites
and USEI's facilities at Brewster pending disposition of ICO's Letter of
Intent in the *2 GHz Proceeding*. USEI has not increased its TT&C
requirements in the modification application. Rather, it states that it
has always intended to use the spectrum in question for TT&C, although
that was not clear in its original application. The additional three
megahertz of TT&C spectrum that USEI requests is needed to support the
ICO constellation. The scheduled launch of the first ICO satellite is
imminent. Granting the additional TT&C authority now, in advance of
disposition of the *2 GHz Proceeding*, will facilitate institution of
satellite telecommunication service elsewhere around the world and
foster international cooperation in telecommunication development, to
the ultimate benefit of the U.S. public. On March 1, 2000 USEI submitted
a showing, which was copied to Globalstar, that the proposed TT&C
operation will not cause unacceptable interference to the Globalstar
system.[^9] USEI represented that its use of telecommand carrier
frequencies at 5186.4 MHz, 5186.6 MHz, 5186.8 MHz, 5237.2 MHz, 5237.4
MHz, and 5237.6 MHz will be inhibited during in-line events with respect
to Globalstar satellites. USEI also represented that there is no overlap
between ICO's payload telemetry carrier at 7068.4 MHz and its AFC
carriers above 7055 MHz and Globalstar's authorized 7 GHz frequencies.
Globalstar has not filed any objection to that showing. USEI also
indicates that it has secured approval from the Federal Aviation
Administration concerning arrangements for protection of Microwave
Landing Service operations, and officials of that agency have
independently confirmed the representation. Hence, we conclude that
granting USEI's request for additional TT&C assignments on a
non-interference basis, subject to the outcome of the *2 GHz Proceeding*
and the other conditions specified below, will serve the public
interest.

7\. The TT&C frequencies specified in the modification application, like
those we authorized in the *Initial TT&C Order*, are not currently
allocated for commercial satellite service in the United States. The
International Telecommunication Union has allocated these frequencies
for feeder link transmission between earth stations and
non-geostationary MSS satellites, however, and the Commission has
initiated a rulemaking to amend the domestic Table of Frequency
Allocations to conform to the international allocation in this
respect.[^10] The International Bureau has since granted waivers,
moreover, to allow several licensees to use portions of these
internationally-allocated bands for MSS feeder links and TT&C.[^11]
Consistently with our analogous ruling in the *Initial TT&C Order*, we
conclude that a waiver of Section 2.102(a) of the Commission's Rules to
permit the proposed operation on a no-harmful-interference basis pending
completion of the domestic allocation proceeding is warranted.[^12]

**IV. [Ordering Clauses]{.underline}**

8\. Accordingly, pursuant to authority delegated by Sections 0.241 and
0.261 of the Commission\'s Rules, 47 C.F.R. §0.241 and §0.261, IT IS
ORDERED that Section 2.102(a) of the Commission\'s Rules, 47 C.F.R.
§2.102(a), IS WAIVED and Application File Nos.
SES-MOD-19990820-1423/4/5/6/7 authority for tracking, telemetry, and
control operation in the 5185.1 MHz, 5185.8-5187.1 MHz, 5236.9-5238.2
MHz, and 5241.2 MHz bands (Earth-to-space) and the 7015.1 MHz,
7017.3-7017.5 MHz, 7068.3-7068.5 MHz, and 7071.2 MHz bands
(space-to-Earth) ARE GRANTED, in accordance with the terms of the
applications and subject to the following conditions.

> \(1\) Harmful interference shall not be caused to authorized
> radiocommunication services and interference protection from
> authorized stations shall not be claimed.

\(2\) Operations shall terminate immediately upon notification of such
interference.

> \(3\) The authority granted here is subject to the outcome of the
> Commission\'s rulemaking proceeding in IB Docket No. 99-81 concerning
> applications for authority to provide 2 GHz MSS service and OET Docket
> No. 98-142, concerning domestic allocations in the 5/7 GHz frequency
> bands.
>
> \(4\) Operation pursuant to this license shall be consistent with the
> coordination statement that USEI submitted with a letter to the
> Commission's Secretary dated March 1, 2000. USEI shall ensure that not
> more than one of its earth station antennas is oriented, while
> transmitting, in the direction of one of the Microwave Landing System
> sites identified in Exhibit B.

11\. This order is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

\` Donald Abelson

Chief

International Bureau

Dale N. Hatfield

Chief

Office of Engineering and Technology

[^1]: DA 99-1249, 1999 W.L. 417393 (*"Initial TT&C Order"*). "C-Band,"
    as used in this order, refers to the spectrum between four gigahertz
    and approximately seven gigahertz.

[^2]: File No. 188-SAT-LOI-97 (Sept. 26, 1997).

[^3]: *See Establishment of Policies and Service Rules for the Mobile
    Satellite Service in the 2 GHz Band* (Notice of Proposed
    Rulemaking), 14 FCC Rcd 4843 (1999) ("*2 GHz Proceeding*").

[^4]: *Initial TT&C Order, supra,* at ¶10.

[^5]: *Id.* at ¶¶ 12 and 13.

[^6]: *Id.* at ¶¶ 14 and 17.

[^7]: *See L/Q Licensee, Inc.*, 11 FCC Rcd 16,410 (1996).

[^8]: USEI also requested these additional assignments in its original
    license application but did not clearly indicate that they would be
    used for TT&C. Consequently, we denied that request in the *Initial
    TT&C Order*, which granted authority only for TT&C operation.

[^9]: Letter from Counsel for USEI to Magalie Roman Salas, Secretary,
    FCC dated March 1, 2000, with attachments.

[^10]: ^?^ *Amendment of Parts 2, 25, and 97 of the Commission\'s Rules
    with Regard to the Mobile-Satellite Above 1 GHz* (Notice of Proposed
    Rulemaking), 13 FCC Rcd 17107 (1998).

[^11]: ^?^ *See L/Q Licensee, Inc.*, 11 FCC Rcd 16410 (Intl. Bureau
    1996); *Mobile Communications Holdings, Inc.*, 12 FCC Rcd 9663
    (Intl. Bureau 1997); *Constellation Communications, Inc.*, 12 FCC
    Rcd 9651 (Intl. Bureau 1997); and Radio Station Authorization for
    AirTouch Satellite Services US, Inc., SES-LIC-19970310-00343,
    granted Feb. 27, 1998.

[^12]: *See WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969), cert.
    denied 409 U.S. 1027.