DA 04-2081

July 09, 2004

Ms. Jennifer Warren

Senior Director, Regulatory Affairs

Lockheed Martin Corporation

1725 Jefferson Davis Highway

Arlington, VA 22202-412

> Re: Lockheed Martin Corp., Application for Authority to Launch and
> Operate Geostationary Orbit Satellites in the Radionavigation
> Satellite Service at the 79° W.L. (File Nos. SAT-LOA-19990427-00045,
> SAT-AMD-20030730- 00149, Call Sign: S2370), 71° E.L. (File Nos.
> SAT-LOA-19990427-00049, SAT-AMD-20030730-00152, Call Sign: S2374), and
> 131.8° E.L. orbital locations (File Nos. SAT-LOA-19990427-00050,
> SAT-AMD-20030730-00153, Call Sign: S2375).

Dear Ms. Warren:

On April 27, 1999, Lockheed Martin Corporation ("Lockheed") filed
applications to launch and operate satellites at the 79° W.L., 71° E.L.
and 131.8° E.L. orbital locations, as part of its Regional Positioning
System ("RPS"), a radio-navigation satellite service ("RNSS") network.
On July 30, 2003, Lockheed amended those applications, to modify the
requested radio frequencies, clarify its Tracking, Telemetry and Command
("TT&C") functions, delete one orbital location and modify another, and
provide additional or revised technical information. We are unable
however, to act on the applications, as amended, and request that
Lockheed amend its applications by July 23, 2004, to address the issues
detailed below. For the reasons set forth below, we also dismiss, in
part, portions of the amended applications, in which Lockheed requested
additional frequencies, because those requests violated a space station
application freeze.

Under Section 25.114(c)(5) of the Commission's rules satellite
applications are required to include center frequencies of transponders
for the proposed satellites.[^1] Lockheed proposes to use a portion of
the 3600-3700 MHz and 6625-6725 MHz bands, allocated to the Fixed
Satellite Service ("FSS") for TT&C functions for the proposed
satellites.[^2] However, in both the original April 1999 applications
and the July 2003 amendments, Lockheed does not specify the center
frequencies it plans to use for its proposed TT&C functions. Therefore,
Lockheed should further amend its applications to provide the specific
center frequencies that it is requesting.

Additionally, Section 25.202(g) of the Commission's rules requires that
"tracking, telemetry and telecommand functions for U.S. domestic
satellites be conducted at either or both edges of the allocated
bands."[^3] The Commission has interpreted this rule to mean that
satellite operators are limited to operating TT&C links in the same
frequency bands as their general satellite operations.[^4] Lockheed's
proposed requests to use the FSS allocated 3600-3700 MHz bands for its
TT&C downlink functions do not conform to this rule. Therefore, Lockheed
should amend its applications to conduct these functions within RNSS or
space operations downlink bands. In the alternative, Lockheed may
request a waiver of Section 25.202(g), providing justification to
perform these functions within the 3600-3700 MHz downlink band. Such a
waiver request will be evaluated under the applicable standard.[^5]

Further. we are also dismissing certain portions of the applications, as
amended on July 30, 2003. On April 23, 2003, the Commission adopted the
Space Station Reform *First Report and Order and Further Notice of
Proposed Rulemaking*, and as part of that action adopted a freeze on
applications for authority to operate on frequencies not previously
authorized for operation.[^6] This freeze began on April 23, 2003, and
remained in effect till August, 27, 2003.[^7] An examination of the July
2003 amendments shows that Lockheed is now seeking authority for new
frequencies in the 5010-5030 MHz bands.[^8]

Those frequencies were not requested in the original April 1999
applications. In those applications, Lockheed noted that the 5 GHz
band[^9] was not allocated for RNSS, and stated that its "RPS plan and
design takes into consideration the possible future addition of several
new navigation downlinks" including the 5 GHz band.[^10] However, these
applications did not include a specific or concrete proposal regarding
use of future allocations in the 5 GHz band. Thus, Lockheed's statements
in the original April 1999 applications did not state a sufficient
request to permit Commission action concerning the 5010-5030 MHz band,
but merely indicated a possible intent to make such a request at a
future date. Therefore, we find that Lockheed's July 2003 amendments,
for the first time requested additional spectrum in the 5010-5030 MHz
frequency band thereby, violating the freeze. Consequently, we dismiss
that portion of Lockheed's July 2003 amended applications, without
prejudice to refiling.[^11]

Additionally, in comparing Table 4.1-1 of Lockheed's original
applications filed in April 1999 and Table 4.1-1 in the July 2003
amendments, we find that Lockheed requests an additional 41 MHz of
spectrum that was not included in its original applications.
Specifically, Lockheed requests the use of the 6629.02-6649.52 MHz and
6680-6700.67 MHz bands for an augmentation data uplink.[^12] Lockheed's
request for these additional frequencies in its July 2003 amendments
also violated the freeze. Therefore, we also dismiss that portion of
Lockheed's July 2003 amended applications, without prejudice to
refiling.[^13]

Thus, for the above mentioned reasons we dismiss, in part, portions of
Lockheed's amended applications, File Nos. SAT-AMD-20030730-00149,
SAT-AMD-20030730-00152, and SAT-AMD-20030730-00153, without prejudice to
refiling. Specifically, we dismiss Lockheed's requests for additional
frequencies in the 5010-5030 MHz band, and Lockheed\'s requests to use
the 6629.02-6649.52 MHz and 6680-6700.67 MHz bands for augmentation
data. In addition, Lockheed is directed to file amendments to its
applications addressing the issues discussed above by July 23, 2004. If
Lockheed fails to file the requested amendments by July 23, 2004,
Lockheed's applications, File Nos. SAT-LOA-19990427-00045,
SAT-LOA-19990427-00049, SAT-LOA-19990427-00050, as amended by File Nos.
SAT-AMD-20030730-00149, SAT-AMD-20030730-00152, SAT-AMD-20030730-00153,
respectively, may be dismissed pursuant to sections 25.112(c) and
25.152(b) of the Commission's rules.

Sincerely,

Thomas S. Tycz

Chief

Satellite Division

[^1]: 47 C.F.R. §25.114(c)(5).

[^2]: *See* July 2003 amendments at 34, Revised Table 4.1-1: Requested
    Frequency Bands.

[^3]: 47 C.F.R. §25.202(g).

[^4]: *See, e.g.,* Amendment of the Commission's Rules with Regard to
    the 3650 -- 3700 MHz Government Transfer Band, ET Docket No. 98-237,
    *First Report and Order and Second Notice of Proposed Rulemaking*,
    FCC 00-363, 15 FCC Rcd 20488, 20538-39, ¶ 129.

[^5]: *See* Section 1.3 of the Commission's rules, 47 C.F.R. §1.3. *See
    also* *Astrolink Int'l LLC, Application for Authority to Construct,
    Launch and Operate a Ka-band Satellite System in the Fixed-Satellite
    Service,* 16 FCC Rcd 20124, 20129-30 (Int'l Bur., 2001).

[^6]: Amendment of the Commission's Space Station Licensing Rules and
    Policies, IB Docket No. 02-34, *First Report and Order and Further
    Notice of Proposed Rulemaking,* FCC 03-102, 18 FCC Rcd 10760 (2003),
    *erratum*, DA 03-2087, 18 FCC Rcd 12674 (Sat. Div., Int'l Bur.,
    2003); *see also* Public Notice, DA 03-1284, 18 FCC Rcd 7903 (Int'l
    Bur., April 25, 2003) (Commission adopts a freeze on new satellite
    licensing applications effective April 23, 2003); Public Notice, DA
    03-2737 (Sat. Div., Int'l Bur., August 27, 2003) (Commission lifts
    freeze effective August 27, 2003).

[^7]: *Id.*

[^8]: *See* July 2003 amendments at 2-3.

[^9]: *See* April 1999 applications at 35, Table 4.1-2: Possible Future
    Frequency Bands, including the 4999.5-5040.5 MHz frequency band.

[^10]: *Id.* at 35.

[^11]: When submitting the further amended application, we remind
    Lockheed that Section 25.114(c)(8) of the Commission's rules, 47
    C.F.R. §25.114(c)(8) requires that applications for space station
    authorizations include an overall link performance analysis.

[^12]: *Supra* note 2.

[^13]: *Supra* note 11.