**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No.                     |
|                                  | * | SES-LIC-19990722-01281       |
| Vistar Data Communications, Inc. | ) |                              |
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| Application For a Blanket        | * |                              |
| Authorization To Operate 100,000 |   |                              |
| Mobile Earth Terminals in the    | * |                              |
| 1530-1544 MHz and 1626.5-1645.5  | * |                              |
| MHz Frequency (E990316)          | ) |                              |
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**ORDER AND AUTHORIZATION**

**Adopted:** June 28, 2002 **Released:** July 2, 2002

By the Deputy Chief, Satellite Division, International Bureau:

**I.** **Introduction**

1.  By this Order, we grant Vistar Data Communications, Inc. (Vistar)
    regular authority, for a term of two years, to operate the 20,000
    half-duplex,[^1] mobile earth terminals (METs) it is currently
    operating on a temporary basis in the lower L-band.[^2] This will
    enable Vistar to continue providing U.S. consumers with innovative
    mobile data communication services.

**II. Background**

2.  On July 22, 1999, Vistar, a Canadian-owned, U.S. corporation,[^3]
    filed an application requesting blanket authority to operate up to
    100,000 half-duplex METs throughout the United States, using the
    U.S.-licensed AMSC-1 satellite. AMSC-1 satellite is owned and
    operated by Mobile Satellite Ventures Subsidiary, LLC (MSV).[^4]
    Vistar is currently operating 20,000 half-duplex METs in the lower
    L-band, pursuant to STA, granted on February 7, 2002.[^5] Vistar
    says it is seeking to expand its authority to operate up to 100,000
    half-duplex METs on a regular basis in order to make a more
    expansive mobile data communications system available to U.S.
    customers. The proposed METs will operate in the 1530-1544 MHz
    frequency band for the satellite-to-Earth downlink and 1626.5-1645.5
    MHz frequency band for the Earth-to-satellite uplink. Noting that
    these bands are allocated to Mobile Satellite Service (MSS),
    aeronautical telemetry, and Maritime Mobile Satellite Service
    (MMSS), Vistar claims that its operations will not cause harmful
    interference to other services operating in these bands, including
    the Global Maritime Distress and Safety System (GMDSS).[^6]

**III. Discussion**

3.  The National Telecommunications and Information Administration
    (NTIA) submitted comments that did not oppose grant of Vistar's
    application, subject to certain conditions.[^7] Vistar's
    application, however, was opposed by Space System License, Inc. and
    Iridium LLC (collectively Iridium) and Globalstar L.P. (Globalstar).
    Both petitioners allege that Vistar's application should be denied
    because MSV's operation of the AMSC-1 satellite in the lower L-band
    cannot accommodate the 100,000 METs specified by Vistar because
    MSV's lower L-band authority is limited to 15,000 METs.[^8] The
    petitioners also allege that Vistar's application violated the so
    called "freeze" the Commission placed on the filing of applications
    to use the lower L-band frequencies, pending adoption of regulatory
    policies for the provision of service in the lower L-band.[^9]

4.  At the time Globalstar and Iridium filed their petitions, no U.S.
    space station was permanently licensed to operate in the lower
    L-band. The Commission also had not adopted rules and policies
    governing the use of frequencies in the lower L-band.[^10] MSV was
    authorized, however, to use spectrum in the lower L-band coordinated
    for the U.S. system, on a temporary basis.[^11]

5.  On February 7, 2002, the Commission released the *Lower L-band
    Report and Order,* establishing licensing rules and policies
    governing use of the lower L-band. At the same time, the Commission
    authorized MSV to provide MSS in the lower L-band on a regular
    basis. In view of this action, issues related to the scope of MSV's
    authority and the so-called "freeze" are moot. [^12]

6.  Iridium is also concerned that grant of Vistar's application may
    result in Vistar's METs causing harmful interference to the Iridium
    system operating in the 1621.35-1626.5 MHz band. Consequently,
    Iridium asked that grant of Vistar's application be conditioned upon
    its completion of coordination with Iridium.

7.  We find no need to impose a condition on Vistar to coordinate with
    Iridium. Rather, we have imposed a condition to ensure that Vistar's
    METs operate in a manner consistent with the Commission's
    out-of-band emissions requirements.[^13] Moreover, in the event that
    Iridium actually experiences harmful interference from out-of-band
    emissions caused by Vistar, we expect the parties to attempt to
    resolve the matter between them. If a mutually acceptable solution
    is not possible, the Commission will then intervene.[^14]

8.  Lastly, Globalstar contends that Vistar's application should be
    denied because Vistar's METs do not meet the priority and preemptive
    access requirements mandated by Footnote US315 to the U.S. Table of
    Frequency Allocations to Section 2.106 of the Commission's rules, 47
    C.F.R. § 2.106.[^15] Footnote US315 provides that L-band MSS systems
    may not interfere with MMSS distress and safety communications that
    also operate in these frequencies.[^16] Footnote US315 protects MMSS
    distress and safety communications, such as GMDSS, domestically by
    providing priority access and real-time preemptive capability for
    distress and safety communications. In the *Lower L-Band Report and
    Order,* the Commission observed that full compliance with Footnote
    US315 was not possible for METs operating in half-duplex mode
    because the half-duplex transmission cannot be interrupted once it
    has started. The Commission noted that, over the past two years, the
    International Bureau has waived full compliance with Footnote US315
    because experience has shown that, with appropriate restraints and
    the due to the short duration of half-duplex transmissions, the
    integrity of maritime safety and distress communications can be
    maintained. Given the importance of safety-related communications,
    the Commission declined, however, to waive Footnote US315 for
    half-duplex METs in the lower L-band, on a permanent basis. Rather,
    it stated that requests for operational authority subject to waiver
    of Footnote US315 would continue to be considered on a case-by-case
    basis. The Commission further noted that the NTIA has indicated that
    if a terminal is capable of, among other things, ceasing
    transmissions and inhibiting further transmissions within one
    second, that terminal would be considered to meet the real time
    preemption requirements.[^17]

9.  Vistar concedes that its half-duplex METs cannot achieve the
    priority and preemptive access to maritime safety services required
    by Footnote US315, and requests that a temporary waiver be granted.
    Vistar points out that, pursuant to waivers of Footnote US315,
    thousands of METs have operated for years without adversely
    affecting the GMDSS. Accordingly, Vistar claims that because its
    METs can be shut down in less than 20 seconds, its system can easily
    co-exist with GMDSS.

10. Vistar has demonstrated that temporary waiver of Footnote US315 is
    justified to enable it to operate in the lower L-band on a permanent
    basis. We have found that the ability of a half-duplex MET to shut
    down in less than 48 seconds is sufficient to grant temporary waiver
    of Footnote US315.[^18] Vistar's informs us that its METs are
    capable of shutting down in less than half that time. As previously
    mentioned,[^19] Vistar is currently operating half-duplex terminals,
    on a temporary basis, pursuant to waiver of Footnote 315 granted to
    MSV with no apparent interference to GMDSS.

11. Although the NTIA in its comments did not oppose a temporary waiver
    of the real-time priority and preemptive requirements of Footnote
    US315, the NTIA is reluctant to approve an increase in the number of
    Vistar METs. In 1995, when half-duplex METs were initially granted
    authority to operate in the lower L-band, there was relatively
    little MMSS traffic: GMDSS had not been fully implemented. It was,
    therefore, concluded that operation of half-duplex METs operation,
    on a limited scale and with appropriate safeguards, would not
    adversely impact the important maritime distress and safety-related
    services.[^20]

12. Since 1995, the growth of L-band MSS has increased the likelihood of
    possible harmful interference with MMSS distress and safety
    communications. Furthermore, the possible likelihood of interference
    will further increase as more MMSS terminals are placed into
    operation.[^21] For these reasons and after consultation with the
    NTIA, we decline to grant Vistar's request for a fivefold increase
    in the number of half-duplex METs it is currently authorized to
    operate in the lower L-band.

13. Consistent with the NTIA's comments, we grant Vistar regular
    authority for a term of two years with no increase in the number of
    METs beyond the number it is currently authorized.[^22] This
    balances Vistar's need to accommodate customer demand for mobile
    data services and the need to ensure the integrity of maritime
    safety communications. We encourage Vistar to continue to work to
    bring its half-duplex METs into full compliance with Footnote US315.

**IV. Conclusion and Ordering Clauses**

14. Accordingly, IT IS ORDERED that Application File
    No.SES-LIC-19990722-01281 IS GRANTED, to the extent described
    herein, and Vistar Data Communications, Inc. IS AUTHORIZED to
    operate its currently authorized 20,000 half-duplex METs, on a
    non-common carrier basis, in the lower L frequency bands
    1626.5-1645.5 MHz and 1530-1544 MHz through the AMSC-1 space station
    at 101º W.L. to provide mobile satellite service in the United
    States for a license term of two years, in accordance with the
    technical specifications set forth in its application and its Radio
    Station Authorization, and consistent with the Commission's rules,
    subject to the conditions set forth below.

15. IT IS FURTHER ORDERED that Vistar Data Communications, Inc. IS
    GRANTED a waiver to the preemption and real-time access requirements
    of Footnote US315 for the term of the license.

16. IT IS FURTHER ORDERED that Vistar Data Communications, Inc.'s
    operation of the 20,000 METs is on a secondary basis to safety and
    distress communications of those stations operating in the Global
    Maritime Distress Satellite Service.

17. IT IS FURTHER ORDERED that Vistar Data Communications, Inc.'s MET
    operations shall be limited to the portions of the 1525-1559 and
    1626.5-1660.5 MHz band coordinated for the satellite being accessed
    in the most recent annual L-band operator-to-operator agreement.

18. IT IS FURTHER ORDERED that in the absence of a continuing annual
    operator-to-operator coordination agreement, Vistar Data
    Communications, Inc.'s operation in the 1525-1559 and 1626.5-1660.5
    MHz band will be on a non-harmful interference basis. Consequently,
    in the absence of a coordination agreement, Vistar Data
    Communications, Inc. shall not cause harmful interference to any
    other lawfully operating satellite or radio facility and shall cease
    operations upon written notification of such interference.
    Furthermore, Vistar Data Communications, Inc. must notify all other
    operators in these frequency bands that it will be operating on a
    non-harmful interference basis. Vistar Data Communications, Inc.
    must also notify its customers in the United States that its
    operations are on a non-harmful interference basis.

19. IT IS FURTHER ORDERED that Vistar Data Communications, Inc.'s METs
    shall comply with the out-of-band emission limits set forth in
    Section 25.216 of the Commission's rules. *See Out-of-Band Emission
    Order,* FCC 02-34 (rel. May 14, 2002).

20. This authorization does not permit Vistar Data Communications, Inc.
    to provide commercial mobile radio service (CMRS) to end-users
    -- (A) the public, or (B) such classes of users as to be effectively
    available to a substantial portion of the public -- for profit and
    for interconnection with the public switched network. If Vistar Data
    Communications, Inc. wishes to provide CMRS, which is classified as
    a common carrier service, it must obtain authority to modify this
    license to permit the provision of common carrier service and must
    obtain any requisite authority under Section 214 of the
    Communication Act, 47 U.S.C. § 214, before providing such service.

21. IT IS FURTHER ORDERED that this license shall not vest in Vistar
    Data Communications, Inc. any right to operate Earth stations or use
    the assigned frequencies beyond the term thereof or in any manner
    other than authorized herein, and neither Vistar Data
    Communications, Inc. nor the rights granted thereunder shall be
    assigned or otherwise transferred in violation of the Communications
    Act.

22. IT IS FURTHER ORDERED that the license term for the METs that are
    authorized by the *Order and Authorization* be for two years.

23. IT IS FURTHER ORDERED that Petition to Dismiss or Deny and to Deny
    or Defer filed by Globalstar L.P. and Space System Licensee, Inc.
    and Iridium LLC, respectively ARE DENIED.

24. This Order is issued pursuant to Section 0.216 of the Commission's
    rules on delegated authority, 47 C.F.R. § 0.261, and is effective
    upon release.

> **FEDERAL COMMUNICATIONS COMMISION**

Cassandra C. Thomas

Deputy Chief, Satellite Division

[^1]: A half-duplex MET cannot receive and transmit data messages
    simultaneously. It must finish transmitting before it can receive an
    incoming message. Conversely, a full-duplex MET can receive a data
    message while transmitting.

[^2]: The "L-band" is a general designation for frequencies from 1 to 2
    GHz. In this Order and Authorization, however, the term "L-band"
    denotes only the 1545-1559 MHz and 1646.5-1660.5 MHz frequency band
    ("upper L-band") and the 1525-1530 MHz, 1530-1544 MHz, and
    1626.5-1645.5 MHz frequency bands ("lower L-band"). The United
    States is the only country that distinguishes between the "upper"
    and "lower" L-band.

[^3]: Vistar is incorporated in Pennsylvania. It is a wholly-owned
    subsidiary of Vistar Telecommunications, Inc., a Canadian
    telecommunications company specializing in the design and
    implementation of satellite communications systems. *See* Vistar
    Blanket License Application at 2.

[^4]: MSV is part of a Canadian-American joint venture of the former
    U.S. licensee, Motient Services, Inc. (Motient) and the Canadian
    licensee, TMI Communications and Company, LP (TMI). ). *See Motient
    Services Inc. and TMI Communications and Company, LP Assignors,* 16
    FCC Rcd 20,469 (2001). At the time Vistar filed its application,
    Motient (formerly AMSC Subsidiary Corporation) was the AMSC-1
    licensee. In order to avoid confusion, both AMSC and Motient are
    referred to as MSV in this Order and Authorization.

[^5]: *See* FCC File No. SES-STA-20010808-01472, granted February 7,
    2002.

[^6]: *See* Vistar Application at 3-5.

[^7]: *See* Letter from Jim Vorhies, Acting Program Manager, Spectrum
    Plans, NTIA, to Thomas S. Tycz, Chief, Satellite Division,
    International Bureau, FCC, dated May 24, 2002.

[^8]: *See AMSC Subsidiary Corporation,* Order on Reconsideration, 11
    FCC Rcd 5527 (Int'l Bur. 1995).

[^9]: *See* Globalstar Petition to Dismiss or Deny at 1-3, 5, and
    Iridium Petition to Deny or Defer at 3-5.

[^10]: *See In the Matter of Establishing Rules and Policies for the Use
    of Spectrum for Mobile Satellite Service in the Upper and Lower
    L-band,* Notice of Proposed Rulemaking, 11 FCC Rcd 11675 (1996)
    (*Lower L-band Notice).*

[^11]: *See AMSC Subsidiary Corporation,* 10 FCC Rcd 10458 (Int'l Bur.
    1995) (*AMSC L-band Authorization)*.

[^12]: *See In the Matter of Establishing Rules and Policies for the Use
    of Spectrum for Mobile Satellite Service in the Upper and Lower
    L-band,* Report and Order, 17 FCC Rcd 2704 (2002) (*Lower L-band
    Report and Order*).

[^13]: *See Amendment of Part 2 and 25 to Implement the Global Mobile
    Personal Communications by Satellite (GMPCS) Memorandum of
    Understanding and Arrangements; Petition of the National
    Telecommunications and Information Administration to Amend Part 25
    of the Commission's Rules to Establish Emissions Limits for Mobile
    and Portable Earth Stations Operating in the 1610-1660.5 MHz Band,*
    Report and Order and Further Notice of Proposed Rulemaking, FCC
    02-134 (rel. May 14, 2002).

[^14]: *See, e.g., SatCom Systems,* 14 FCC Rcd 20798 (1999), *aff'd sub
    nom. AMSC v. FCC,* 216 F.3d 1154 (D.C. Cir. 2000).

[^15]: *See* Globalstar Petition to Dismiss or Deny at 4.

[^16]: 47 C.F.R. § 2.106.

[^17]: *See In the Matter of Establishing Rules and Policies for the Use
    of Spectrum for Mobile Satellite Service in the Upper and Lower
    L-band,* Report and Order, 17 FCC Rcd 2704, ¶¶ 30-41 (2002) (*Lower
    L-band Report and Order*).

[^18]: *See, e.g., AMSC L-band Authorization* at 10460.

[^19]: *See* footnote 5, *supra.*

[^20]: *See AMSC L-band Authorization* at 10461.

[^21]: *See Lower L-band Report and Order,* 17 FCC Rcd at ¶¶ 36-37.

[^22]: *See* Letter from Jim Vorhies, Acting Program Manager, Spectrum
    Plans, NTIA, to Thomas S. Tycz, Chief, Satellite Division,
    International Bureau, FCC, dated May 24, 2002.