**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | Call Sign S2115              |
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| Globalstar Licensee LLC          | ** | Call Sign E970381            |
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| GUSA Licensee LLC                | *  | Call Sign S2110              |
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| and                              | ** | Call Sign E960132            |
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| Iridium Constellation LLC        | *  | Call Sign E960622            |
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| Iridium Satellite LLC            | ** |                              |
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| Iridium Carrier Services LLC     | *  |                              |
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| Modification of Authority to     | ** |                              |
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**ORDER OF MODIFICATIONS**

**Adopted: October 15, 2008 Released: October 15, 2008**

By the Commission:

# INTRODUCTION

1.  With this Order, we modify the authorizations of the two Big LEO[^1]
    mobile-satellite service (MSS) licensees, pursuant to the
    Commission's decisions in the *2007 Big LEO Spectrum Sharing Second
    Reconsideration Order*[^2] and the May 2008 *Order Proposing
    Modifications*.[^3] Specifically, we modify the authorizations of
    Globalstar Licensee LLC and GUSA Licensee LLC (collectively
    "Globalstar") to remove authority for operations in the
    1618.725-1621.35 MHz band, and to require shared operations in the
    1617.775-1618.725 MHz band with the Iridium Big LEO system.
    Consequently, Globalstar is now authorized to operate its space
    stations in the 1610-1617.775 MHz frequency band on an exclusive
    basis, and in the 1617.775-1618.725 MHz band on a shared basis with
    Iridium. This modification to Globalstar's space station
    authorization applies to its global space station operations.
    Further, Globalstar is authorized to operate its U.S. earth stations
    in these bands as well. Globalstar's authority to operate its space
    and earth stations in the 2483.5-2500 MHz frequency band remains
    unchanged.

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1.  We also modify the authorizations of Iridium Constellation LLC,
    Iridium Satellite LLC, and Iridium Carrier Services LLC
    (collectively, "Iridium") to allow it to use 0.95 megahertz of
    spectrum in the 1617.775-1618.725 MHz band on a shared basis with
    the Globalstar Big LEO system, and to use an additional 2.625
    megahertz of spectrum in the 1618.725-1621.35 MHz band on an
    exclusive basis. Consequently, Iridium is now authorized to operate
    its space stations in the 1617.-775-1618.725 MHz frequency band on a
    shared basis with Globalstar, and on the 1618.725-1626.5 MHz band on
    an exclusive basis. This modification to Iridium's space station
    authorization applies to its global space station operations.
    Further, Iridium is authorized to operate its U.S. earth stations in
    these bands as well.

# BACKGROUND

2.  The Commission adopted licensing and service rules in 1994 for
    satellite operators providing MSS in the 1610-1626.5 MHz (L-band)
    and the 2483.5-2500 MHz (S-band) frequency bands.[^4] The Big LEO
    processing round included four applicants proposing systems
    incorporating a code division multiple access (CDMA) protocol and
    one applicant proposing a system incorporating a time division
    multiple access (TDMA) protocol.[^5] The Commission initiated a
    negotiated rulemaking proceeding with the applicants in an effort to
    avoid or resolve mutual exclusivity among the applicants' proposed
    satellite systems.[^6] The applicants, however, could not develop a
    set of technical parameters and sharing criteria that could
    accommodate all proposed systems. As a result of the negotiated
    rulemaking, the Commission concluded that the proposed CDMA Big LEO
    protocol allowed multiple Big LEO CDMA systems to operate on the
    same shared spectrum, while the proposed TDMA protocol allowed only
    a single Big LEO system to operate on any given spectrum.[^7] The
    Commission further concluded that CDMA and TDMA systems are
    incompatible with each other, and must operate on discrete portions
    of spectrum.[^8]

3.  Consequently, the Commission adopted a band plan for Big LEO systems
    that designated 11.35 megahertz of spectrum in the 1610-1621.35 MHz
    portion of the L-band for shared CDMA uplink operations and in the
    2483.5-2500 MHz S-band for shared CDMA downlink operations.[^9] The
    Commission also designated 5.15 megahertz of spectrum in the
    1621.35-1626.5 MHz band for TDMA MSS uplink and downlink operations.
    At that time, the Commission considered the possibility that not all
    of the proposed CDMA systems would ultimately be built and launched.
    In the event that only one CDMA system was launched and operated,
    the Commission proposed to automatically reduce the bandwidth
    assigned to that system from 11.35 megahertz to 8.25 megahertz.[^10]
    The Commission deferred any decision on reassigning the 3.1
    megahertz of spectrum at 1618.25-1621.35 MHz to a future
    rulemaking.[^11]

4.  Given the uncertainty surrounding future spectrum assignments and
    the operations of potentially conflicting systems operating on the
    same spectrum, such as Russia's GLONASS global navigation system,
    the Commission authorized all Big LEO licensees to construct systems
    capable of operating across the entire band allocated for that
    system protocol. Thus, the Commission authorized the four CDMA space
    station licensees to construct systems incorporating the 1610-1626.5
    MHz frequency band and authorized the TDMA licensee to construct a
    system incorporating the 1616-1626.5 MHz band.[^12] The Commission
    limited, however, the licensees' operating authority to subsets of
    this band. Specifically, the Commission authorized the four CDMA
    space station constellations to operate in the shared 1610-1621.35
    MHz and 2483.5-2500 MHz bands.[^13] It authorized the TDMA licensee
    to operate in the 1621.35-1626.5 MHz band.[^14] Three of the CDMA
    space station licenses were later surrendered. Only two Big LEO
    licensees remain: Globalstar, which operates a CDMA system, and
    Iridium, which operates a TDMA system.

5.  In 2003, the Commission initiated a rulemaking proceeding in
    response to a petition for rulemaking filed by Iridium, requesting
    that 5.85 megahertz of additional spectrum in the CDMA portion of
    the Big LEO L-band be reassigned for use by Iridium.[^15] The
    Commission noted that it had "left open the possibility of providing
    an opportunity for additional MSS entry in the Big LEO spectrum" in
    the *Big LEO Order*.[^16] In seeking comment on the issue of
    spectrum reallocation or reassignment, the Commission stated that
    "it is appropriate to seek comment on both the possible reassignment
    and possible reallocation of any returned spectrum for possible use
    by other services."[^17]

6.  Based on the record developed in response to the *2003 Big LEO
    Spectrum Sharing Notice*, the Commission decided in 2004 to reassign
    the 1618.25-1621.35 MHz segment of the L-band from exclusive use by
    Globalstar to shared use by Globalstar and Iridium.[^18] The
    Commission also requested comment on whether additional spectrum
    sharing between the two Big LEO systems might be possible. In
    November 2007, upon reconsideration requested by Globalstar, and
    after having received record evidence showing the impracticability
    of spectrum sharing between the two Big LEO systems, the Commission
    revised the Big LEO band plan to provide each of the two Big LEO
    technologies with exclusive use of 7.775 megahertz of L-band
    spectrum.[^19] The Commission redesignated the 1610-1617.775 MHz
    portion of the L-band spectrum to CDMA systems and the
    1618.725-1626.5 MHz spectrum to TDMA systems. Further, to account
    for certain technical issues raised by the design characteristics of
    Globalstar's system, the Commission required CDMA and TDMA systems
    to share 0.95 megahertz of L-band spectrum at 1617.775-1618.725 MHz.

7.  The Commission initiated this license modification proceeding under
    Section 316 of the Communications Act to implement revisions to the
    spectrum sharing plan adopted by the Commission in the *2007 Big LEO
    Spectrum Sharing Second Reconsideration Order*.[^20] In an *Order
    Proposing Modifications* released in May 2008, the Commission
    proposed to modify Globalstar's and Iridium's licenses to reflect
    the revised band plan.[^21] The Commission also stated that the
    modification of the space station license would apply to
    Globalstar's and Iridium's global space station operations, citing
    the United States' role as the licensing administration for the
    space station system.[^22] Under the Commission's procedure for
    license modification, potentially affected licensees are provided 30
    days in which to protest, showing with particularity why the
    licenses should not be modified as proposed.[^23] No comments were
    filed with respect to the proposed modifications of the Iridium
    licenses. Globalstar filed a protest to the Commission's proposed
    modification of its licenses on June 6, 2008.[^24] Iridium filed an
    opposition to Globalstar's protest on June 16.[^25] Globalstar then
    filed a reply on June 23.[^26] Iridium filed a request to strike an
    affidavit filed with the Globalstar reply on July 1.[^27] Globalstar
    filed a reply to the Iridium Request to Strike on July 11.[^28]

8.  In its protest, Globalstar argues that the Commission failed to give
    notice and an opportunity for comment before deciding, in the *Order
    Proposing Modifications*, to apply the revised Big LEO band plan to
    Globalstar's global operations.[^29] Globalstar contends that the
    Commission has stated that it would allow all Big LEO licensees to
    provide service in other countries in portions of the L-band that
    differ from the L-band frequencies they use in the United States
    without further Commission approval.[^30] Globalstar asserts that
    the decision to give global application to the operating bands
    authorized in its space station license is a departure from
    longstanding policy without justification.[^31] Globalstar also
    claims that modification of its global operations as proposed raises
    factual issues that can only be resolved in a hearing conducted
    pursuant to Section 316.[^32]

9.  Iridium opposes the Globalstar protest, stating that the Commission
    provided Globalstar with all of the process required in an
    adjudicatory proceeding.[^33] Iridium also argues that Globalstar's
    claim that the Commission unlawfully departed from precedent in
    regulating Globalstar's global operations is meritless.[^34] Iridium
    further asserts that Globalstar has not demonstrated any factual
    basis supporting the need for a hearing under Section 316.[^35]

# DISCUSSION

## The Globalstar Big LEO Licenses

### Scope of Proceeding

10. In its protest to the *Order Proposing Modifications,* Globalstar
    claims that the Commission failed to provide it with adequate notice
    and opportunity for comment before restricting its space station
    operations outside the United States to frequencies below 1618.725
    MHz. Further, Globalstar argues that such a restriction unlawfully
    departs from Commission precedent. We consider those issues
    here.[^36]

### Adequacy of Notice and Commission Precedent 

#### Introduction

11. Globalstar states that the Commission's decision in the *Order
    Proposing Modifications* to give global application to Globalstar's
    modified license amounts to the imposition of a global band
    plan.[^37] Globalstar claims that it had no reason to suspect that
    the Commission might modify its space station authorization in this
    manner. In support of its claim, Globalstar cites to the
    Commission's statement in the *1994 Big LEO Order* that it "will not
    impose a global band sharing plan on U.S. licensees at this
    time."[^38] Globalstar contends that the issue of global application
    of the Big LEO MSS band plan was not considered until Iridium
    introduced the issue in an *ex parte* letter to the Commission in
    March 2008.[^39] Globalstar concludes that the Commission failed to
    provide the required notice and opportunity for comment before
    departing from its practice of allowing its Big LEO licensees to
    provide service in other countries in portions of the L-band that
    differ from the L-band frequencies they use in the United
    States.[^40]

12. We disagree with Globalstar's conclusion in two respects. First, the
    Commission has always required Big LEO space stations to operate
    outside the United States in conformance with the authorized
    operating bands in their licenses. Thus, we agree with Iridium that
    the *Order Proposing Modifications* simply applies well-settled
    precedent.[^41] In fact, Globalstar participated in several
    licensing proceedings in which the Commission's International Bureau
    applied this policy. In any case, this license modification
    proceeding under Section 316 of the Communications Act has itself
    provided Globalstar with notice and an opportunity to be heard in
    regard to the global application of the terms of its U.S. space
    station license. We discuss these points below.

#### Global Application of Space Station Licenses

13. While the Commission stated that it would not impose a global band
    sharing plan on its Big LEO licensees, this statement does not
    provide authority for Big LEO licensees to operate anywhere in the
    L-band spectrum without further Commission approval. In fact, since
    they began service in the 1990s, all Big LEO space station systems,
    including Globalstar, have operated outside the United States in a
    manner consistent with the operating bands specified in their U.S.
    space station licenses *except* upon grant of authority by the
    Commission to operate in another portion of the band.[^42] Whenever
    a U.S. Big LEO space station licensee seeks to operate its space
    station on frequencies in which it is not authorized to operate by
    the terms of its license, it has always been required to obtain
    Commission authorization in order to do so.[^43]

14. To the extent Globalstar claims that it was unaware of the need for
    Commission approval to operate outside the scope of its U.S.
    license, we observe that Globalstar actively participated in several
    proceedings in the past five years that should have made this
    obligation clear. In the *2003 Big LEO Spectrum Sharing Notice,* for
    example, the Commission specifically sought comment "on how the U.S.
    Big LEO spectrum sharing plan fits with international band plans for
    Big LEO operations and what impact changes to the U.S. plan would
    have on plans in other regions."[^44] Thus, it was clear that the
    Commission believed that changing the band plan would have an effect
    on licensees' international operations.

15. Moreover, in 2003, Globalstar was involved in a series of license
    modification proceedings that temporarily authorized Iridium's TDMA
    system to operate in the Middle East and elsewhere around the world
    in portions of the L-band designated for CDMA systems. If the
    operating bands specified in Iridium's license did not have global
    application, and Iridium was authorized to operate anywhere in the
    Big LEO L-band where it had obtained landing rights \-- as
    Globalstar's licensing theory would hold \-- there would have been
    no need for Iridium to obtain Commission authorization to operate in
    those bands and no reason for the Commission to have considered the
    matter.[^45]

16. More specifically, in May 2003 the International Bureau's Satellite
    Division issued the first of several *Orders to Show Cause*
    proposing to modify Iridium's space station license to permit
    operations in the 1618.85-1621.35 MHz on a temporary basis, to
    support the communications needs of U.S. forces in Iraq and the
    Middle East region.[^46] The Division specifically afforded
    Globalstar an opportunity to protest the proposed grant. In its
    protest, Globalstar suggested that the Commission lacked the
    authority to modify Iridium's operations in non-U.S. territories and
    that, in any case, the Division should require Iridium to operate on
    a non-interference basis to the Globalstar system.[^47]

17. The International Bureau modified Iridium's authorization for a one
    month period.[^48] In doing so, the Bureau rejected Globalstar's
    contention that the Communications Act does not permit the
    Commission to license operations outside the United States. The
    Bureau stated that "Iridium is authorized to operate satellites on
    frequencies specified in its authorization. The Commission has
    jurisdiction with respect to those satellites pursuant to, *inter
    alia*, 47 U.S.C. §§ 151, 152, 301, 303(r)."[^49] The Bureau also
    stated that, given the importance of Iridium's proposed
    communications, it would allow Iridium to operate on a co-equal
    basis with Globalstar in the Middle East region.[^50]

18. Further, in July 2003, the Division proposed to grant Iridium an
    extension of its operating authority in the Middle East region.[^51]
    In areas of the world outside the Middle East region, the Division
    proposed to authorize Iridium to operate in the requested frequency
    band only on the condition that it did so on a non-harmful
    interference basis to the Globalstar system. This condition
    addressed the claims of a Globalstar affiliate, Globalstar Canada,
    that Iridium's operations in the frequency band had the potential to
    impair its operations in Canada. Globalstar protested the proposed
    grant on the same grounds on which it had protested the *May 2003
    Order to Show Cause*.[^52] In October 2003, the Division again
    modified Iridium's space station license to operate on the
    additional frequencies on a temporary basis. The Division again
    fully considered, and rejected, Globalstar's argument that the
    Commission lacked authority to modify Iridium's space station
    licenses to permit global operations.[^53]

19. Finally, in December 2003, the Division extended Iridium's authority
    "to operate in the 1620.10-1621.35 MHz frequency band on a global
    basis and to operate on a non-harmful interference basis with
    respect to any other allocated radio service in that band outside of
    the Middle East region."[^54] Globalstar had objected to Iridium's
    extension request, but once again the Commission granted Iridium the
    requested temporary authority.

20. All of these Iridium license modification proceedings provided
    Globalstar with notice that a U.S. Big LEO space station licensee's
    global operations were constrained by the terms of its U.S. license.
    Further, the proceedings provided Globalstar with notice that if a
    Big LEO space station licensee sought to operate on portions of the
    L-band not authorized in its license, it would be required to obtain
    Commission authorization to operate in those bands. In each
    proceeding, Globalstar had ample opportunity to comment on the
    application of this policy and took full advantage of this
    opportunity. Thus, Globalstar cannot credibly claim now that it had
    no reason to suspect that the Commission's modification of the Big
    LEO band plan, and the resulting modification of the Big LEO
    licenses, would have worldwide effect.

21. Nevertheless, Globalstar attempts to distinguish the Iridium
    modification proceedings on two grounds. First, it argues that
    "since the United States had toppled the Iraqi Government and was
    the occupying power in that country, it had *de facto* authority to
    determine the use of spectrum there."[^55] Globalstar asserts that
    this affirms that the Big LEO band plan applies only in the United
    States and, "by extension, where the United States is the occupying
    power during wartime."[^56] Even assuming for the sake of argument
    that the Commission had *de facto* control to determine spectrum use
    in Iraq, [^57] which it did not, Globalstar's argument overlooks the
    fact that the International Bureau never limited Iridium's expanded
    operating authority to providing service in Iraq. The Bureau
    initially authorized Iridium to operate on the expanded frequencies
    throughout the Middle East, and later expanded this authority to
    cover global operations. In doing so, the Bureau acknowledged that
    Iridium's potential Canadian operations in the CDMA spectrum could
    impair potential Globalstar operations in Canada and imposed
    non-interference conditions on Iridium's operations outside the
    Middle East region. These grants of authority and the Bureau's
    imposition of conditions on those operations would not have been
    necessary if, as Globalstar asserts, Commission policy permitted Big
    LEO space station licensees to provide service in other countries in
    portions of the L-band that differ from the L-band frequencies they
    use in the United States.

22. In addition, Globalstar notes that in the *December 2003 Iridium
    Modification Order*, the International Bureau stated that it was not
    specifying a global band plan by granting Iridium's modification
    request.[^58] Globalstar also notes that the Bureau further stated
    that "\[o\]ther countries continue to retain the discretion as to
    whether to allow service within their borders in accordance with the
    frequencies we are authorizing Iridium to use on a temporary
    basis."[^59] Globalstar concludes that these statements show that
    the Commission has never attempted to make the Big LEO band plan
    effective in other countries and that, by extension, the Commission
    unlawfully gave global effect to the terms in Globalstar's space
    station license in the *Order Proposing Modifications.* Globalstar's
    conclusion overlooks the language in the last clause in the Bureau's
    statement that Iridium must operate in other countries "in
    accordance with the frequencies we are authorizing Iridium to use on
    a temporary basis." This language makes it clear that U.S. Big LEO
    licensees may provide service in other countries only on frequency
    bands in which the Commission has given them specific authority to
    operate. Whether a country chooses to allow such service on these
    terms is, as the Bureau noted, a matter for that country to
    decide.[^60]

#### Notice Under Section 316 License Modification Procedure

23. In any case, even assuming that none of these proceedings provided
    Globalstar with sufficient notice that its own U.S. Big LEO license
    had global application, this Section 316 proceeding provided that
    notice and opportunity for comment. The Commission initiated this
    informal adjudicatory proceeding with its *Order Proposing
    Modifications.* The *Order Proposing Modifications* was not a final
    order. In compliance with the procedure specified in Section 316 and
    in the Commission's rules, the *Order Proposing Modifications*
    supplied Globalstar with written notice of the proposed
    modifications to its licenses, the reasons behind the proposed
    modifications, and afforded Globalstar an opportunity to file a
    protest showing with particularity why its licenses should not be
    modified as proposed.[^61] In addition, any other licensee or
    permittee who believed that its license or permit would be modified
    by the proposed action was also provided with the opportunity to
    protest the proposed action before the effective date.[^62]
    Globalstar took full advantage of this procedural opportunity. For
    these reasons, we reject Globalstar's contention that Commission
    failed to provide Globalstar with notice and opportunity for comment
    with respect to the global application of its modified space station
    license or that applying such a policy was a departure from
    Commission policy or precedent.

### Section 316 Hearing 

24. In its Protest, Globalstar requests a hearing under Section 316 of
    the Communications Act [^63] and Section 1.87 of the Commission's
    Rules.[^64] Globalstar notes that the Commission twice denied its
    earlier requests for a hearing under Section 316 on the ground that
    the spectrum sharing plan was adopted by a rulemaking proceeding
    affecting all MSS providers in the Big LEO bands.[^65] Globalstar
    contends now that the Commission's decision to give global effect to
    the operating bands authorized in Globalstar's modified license
    requires an evidentiary hearing.[^66]

25. Globalstar asserts that a number of factual issues in this
    proceeding warrant an evidentiary hearing before the Commission can
    modify its license to add a requirement that assigned frequency
    usage be applied globally, including: the number of countries and
    customers Globalstar serves on the frequencies the Commission has
    reassigned to the exclusive use of Iridium; the number of those
    customers who are U.S. government military and public safety
    entities; how restrictions on Globalstar's operations in other
    countries would affect Globalstar's operations; how Globalstar's
    need to avoid self-interference would affect its ability to provide
    service without the use of the 1618.725-1621.35 MHz segment; and the
    services Globalstar may offer outside the United States.[^67]
    Finally, Globalstar notes that the Commission stated in the *Order
    Proposing Modifications* that it will entertain waiver or license
    modification requests to permit Globalstar to operate on frequencies
    below 1618.725 MHz. Globalstar claims that this does not obviate the
    need for a hearing on factual issues before the proposed license
    modification takes effect.[^68] Globalstar also states that such a
    waiver process would impose an unacceptable burden on Globalstar,
    and does not justify a failure to determine relevant facts before
    Globalstar's license is modified.[^69]

26. In response, Iridium states that a hearing is only required if
    substantial and material questions of fact are presented.[^70]
    Iridium contends that the issues that Globalstar characterizes as
    issues of fact are actually legal arguments regarding whether or not
    the new Big LEO L-band band plan should have global effect, and that
    legal and economic conclusions do not raise substantial and material
    questions of fact sufficient to warrant a hearing.[^71] Further,
    Iridium asserts that Globalstar had both notice and opportunity to
    comment on whether the Commission should modify its space station
    license, and did not at the time raise the concerns it now claims
    are sufficiently important to warrant a hearing. Finally, Iridium
    points out that Globalstar has not shown why it cannot use the
    waiver process to remedy any harm it may suffer as a result of the
    global application of its modified license. Iridium states that
    speculative harms Globalstar raise are insufficient to justify a
    hearing.[^72]

27. As Iridium points out, Section 316 states that protests to
    modifications of licenses must meet the requirements of Section
    309(d) of the Communications Act for petitions to deny.[^73] Section
    309(d) provides that if a substantial and material question of fact
    is presented or if the Commission is not able to find that grant
    will serve the public interest, convenience, and necessity, it shall
    conduct a hearing pursuant to Section 309(e).[^74] With respect to
    the first clause of this requirement, factual disputes will be
    considered substantial and material if, in taking the petitioner's
    or protester's factual assertions as true, the action at issue
    (grant of an application in the case of a petition to deny, or
    modification of license in the case of a Section 316 modification
    protest) would be *prima facie* inconsistent with the public
    interest.[^75] Under this measure, we conclude that a hearing is not
    warranted, since, under Globalstar's worst-case factual scenario
    (*i.e.*, that Globalstar's operations outside the United States will
    have to be curtailed and that this could work a hardship on
    Globalstar), the modification of its license as proposed would still
    not be inconsistent with the public interest.[^76] As discussed
    below, requiring a U.S. licensee to comply with the limits of the
    authorization that it has received from the Commission is essential
    to maintaining the integrity of the global system of spectrum usage.
    Thus, holding Globalstar to the limits of its modified licensed
    authorization has a substantial public interest benefit. Moreover,
    Globalstar is not without recourse under this regime; Globalstar may
    obtain relief as appropriate through the Commission's waiver
    processes in order to avoid the hardships that it fears will come to
    pass. Given these factors, it is clear that the modification of
    Globalstar's license to the extent proposed (*i.e.*, to limit
    operations outside the United States to the bands specified in the
    authorization) is not inconsistent with the public interest.

28. Even if we were to agree that, under Globalstar's characterization
    of the facts, the modification was not consistent with the public
    interest, a hearing would be unnecessary because there appears to be
    no real factual dispute of any relevance. Neither the Commission nor
    Iridium disagree that Globalstar's operations outside the United
    States will have to be curtailed under the modified terms of
    Globalstar's license, and that this could work a hardship on
    Globalstar. Given that no one disputes these assertions, a hearing
    to establish their truth would not appear to serve any useful
    purpose.[^77]

29. Finally, a hearing would be justified under the second clause of
    Section 309(d) if, for any other reason, the Commission cannot find
    that the action in question would be consistent with the public
    interest.[^78] In this case, however, we have a sufficient record to
    conclude that the license modification would serve the public
    interest, convenience, and necessity. In sum, we conclude that
    Globalstar's protest contains neither substantial or material
    questions of fact that are in dispute, nor raises issues that make
    us unable to make the requisite public interest determination on the
    basis of the record before us. Therefore, a hearing would fail to
    accomplish anything that could not be done on the current record and
    is, accordingly, unnecessary.

30. We further conclude that Globalstar's notice arguments are misplaced
    in the context of our hearing designation analysis. We again
    emphasize that Globalstar has had ample notice and opportunity to
    present any legal or economic arguments it believes are relevant to
    the scope of its Big LEO space station license.[^79] Finally, the
    issue of whether Globalstar has been provided with an alternate
    avenue of relief for any serious harm it may suffer as a result of
    the global application of the revised band plan has no bearing on
    its burden to show that there are substantial or material questions
    of fact or that the public interest would be frustrated absent a
    hearing.[^80]

### Public Interest Analysis

#### Giving Global Effect to Globalstar's Space Station License

31. We concluded above there is no merit to Globalstar's procedural
    challenges to the Commission's ability to circumscribe its global
    operations. We now consider whether the *Order Proposing
    Modifications* furthers the public interest, convenience, and
    necessity. Globalstar has not provided us with any reason to deviate
    from the general Commission policy that requires U.S. space station
    licensees to operate their space stations in a manner consistent
    with their U.S. licenses, regardless of whether the end user of the
    communication service is using an earth station subject to the
    territorial jurisdiction of another country. [^81] Indeed, allowing
    both Globalstar and Iridium to operate in any portion of the
    allocated Big LEO frequency band in any country in which they
    receive authority to provide such service without further Commission
    action, as Globalstar proposes, would, as discussed below,
    constitute a dereliction of the United States' obligations as the
    licensing administration of the space stations involved, and also
    could easily lead to widespread interference between the two systems
    and service disruptions around the world.

32. The Big LEO applicants recognized over 15 years ago that the CDMA
    and TDMA protocols presented significant risks of harmful
    interference to each other. [^82] This means that a CDMA and a TDMA
    system cannot provide co-frequency, co-coverage service,
    particularly at maximum system loading, without causing each other
    mutually harmful interference. For this reason, the Commission
    adopted a band plan in 1994 that assigned CDMA and TDMA systems to
    discrete portions of the Big LEO spectrum.[^83] In a reconsideration
    filed in response to the *2004 Big LEO Spectrum Sharing Order*,
    Globalstar reaffirmed that the two technologies remain incompatible
    and should operate on separate spectrum.[^84]

33. As noted in the *Order Proposing Modifications*, the United States
    is the licensing administration of the Globalstar space station
    constellation in fulfillment of its obligations under the
    International Telecommunication Union's Radio Regulations.[^85] The
    United States is also the licensing administration of the Iridium
    space station constellation. As the licensing administration for
    these two space station systems, the United States has a unique and
    fundamental responsibility for "the detection and elimination of
    harmful interference" caused by either of these space station
    constellations.[^86]

34. Globalstar asserts that the Commission has made clear that each
    country has the right to determine its own band plan for the
    provision of Big LEO service within its borders and to operate its
    earth stations with U.S.-licensed Big LEO space stations in any
    portion of the L-band.[^87] Under Globalstar's framework, two
    neighboring countries could adopt differing Big LEO band plans and
    properly authorize the two U.S. Big LEO licensees to operate in
    their respective countries with their nationally licensed earth
    stations on the same portion of the L-band. Because space station
    beams for current Big LEO systems cannot be shaped to track
    geographical boundaries, co-frequency operations by one Big LEO
    licensee in Country X will present a significant risk of
    interference to the other Big LEO licensee's co-frequency operations
    in Country Y, and vice versa. This scenario would play out in all
    neighboring countries that adopted conflicting band plans. As
    Iridium notes, this "would lead to untenable chaos."[^88]

35. As the licensing administration of the interfering space station
    networks, all countries experiencing interference to their Big LEO
    operations would look to the United States to resolve their
    respective interference issues. The only way for the United States
    to resolve an international interference issue between two
    incompatible U.S. space station systems using incompatible
    technologies is to impose a solution requiring the licensees to
    operate on different frequency bands internationally.[^89] Thus, a
    general framework requiring U.S. licensees to operate globally on
    the operating frequencies authorized in their licenses allows Big
    LEO service to be provided in the most interference-free environment
    possible and allows the United States to best fulfill its
    international treaty obligations.[^90]

36. We do not agree with Globalstar that the Commission's licensing
    framework "replace\[s\] the established regime of international
    comity with a contest of extraterritorial fiats."[^91] Countries are
    free to adopt whatever band plan they choose and to license their
    own Big LEO national space station systems in accordance with that
    band plan. We recognize, however, that other countries may choose,
    for many reasons, to use capacity on U.S.-licensed space stations to
    provide Big LEO service within their borders. In this regard, the
    Commission has licensed two Big LEO space station systems over which
    it has jurisdiction. Once a country decides to give a particular
    U.S.-licensed Big LEO space station landing rights in that country,
    that space station may communicate with earth stations located
    within and licensed by that particular country. The U.S. space
    station may, however, transmit to and receive signals from the
    non-U.S. earth station only within the operating parameters set out
    in its U.S. space station license. This is a function of the ITU
    international coordination process and the proper exercise of U.S.
    jurisdiction over its licensed communications facilities. It is not
    a function of the United States imposing an "extraterritorial fiat"
    on other countries.

37. In presenting its case for allowing U.S. Big LEO licensees to
    operate in any portion of the Big LEO L-band in which they receive
    foreign landing rights, Globalstar nowhere addresses the intersystem
    interference issues between U.S.-licensed satellite systems.
    Globalstar simply does not acknowledge or address the inevitable
    interference disputes, or the United States' treaty obligation to
    resolve them. It is not sufficient to conclude in the face of these
    widespread interference scenarios, as Globalstar does, that national
    regulators may simply "tell Globalstar and Iridium what \[L-band\]
    frequencies they may use to provide service in its country" or that
    administrations can "police" Big LEO operations within their
    borders. [^92]

38. Last, we disagree with Globalstar's assertion that the United States
    would authorize a foreign-licensed space station to provide service
    in the United States in cases where the licensing administration of
    that satellite had not authorized the space station to operate in
    the proposed frequency bands.[^93] In making this claim, Globalstar
    concludes that the Commission is "not likely" to allow another
    country's band plan to "trump" the U.S. band plan. [^94] This
    conclusion is simply wrong. The Commission has never authorized a
    U.S. earth station to transmit to or receive signals from a
    foreign-licensed satellite on frequency bands that are not
    authorized for operation on that space station by the licensing
    jurisdiction. Nor does Globalstar provide an example of an occasion
    where this has occurred.

39. For these reasons, we conclude that it is in the public interest to
    require Globalstar to continue to operate both in the United States
    and throughout the world pursuant to the grant of operating
    authority contained in its license, as modified in this Order.

#### Waiver or Modification Procedures for Limited Relief

40. In determining to apply the terms of Globalstar's modified license
    globally, we recognize that Globalstar has built and marketed, and
    is operating its system, on frequency bands contained in its 1995
    license. Thus, requiring Globalstar to terminate transmissions in
    certain parts of the world on frequencies in which it has existing
    operating agreements may impose undue costs on both Globalstar and
    the countries accessing the Globalstar space stations. Consequently,
    as noted in the *Order Proposing Modifications*, for these
    instances, we will entertain a waiver or modification of the
    limitation of space station frequencies below 1618.725 MHz.

## Iridium Big LEO License

41. As noted, the *Order Proposing Modifications* proposed to modify
    Iridium's space station license to effectuate the reassignment
    decisions made in the *2007 Big LEO Spectrum Sharing Second
    Order*.[^95] No party protested the modification of Iridium's
    license proposed by the Commission. Consequently, we hereby modify
    Iridium's space station and earth station licenses as contemplated
    in the *Order Proposing Modifications*.

# CONCLUSION

42. We have considered the record in this proceeding, Commission
    precedents, our statutory authority, and our international treaty
    obligations. We conclude that it is in the public interest,
    convenience, and necessity to modify Globalstar's and Iridium's
    licenses in the manner proposed in the *Order Proposing
    Modifications*.

# ORDERING CLAUSES

43. Accordingly, IT IS ORDERED, pursuant to Section 316 of the
    Communications Act, 47 U.S.C. § 316, that the space station license
    held by Globalstar Licensee LLC (Call Sign S2115), and the
    associated blanket mobile earth terminal license of GUSA Licensee
    LLC (Call Sign E970381), ARE MODIFIED. Globalstar's Big LEO MSS
    satellites and mobile earth station terminals are AUTHORIZED to
    operate in the 1610-1617.775 MHz frequency band on an exclusive
    basis, to operate in the Earth-to-space direction in the
    1617.775-1618.725 MHz band, on a shared basis with the Iridium Big
    LEO system, and to operate in the space-to-Earth direction in the
    1617.775-1618.725 MHz band on a shared basis with the Iridium Big
    LEO system.

44. IT IS FURTHER ORDERED, that Globalstar's operations in the
    Earth-to-space direction in the 1617.775-1618.725 MHz band are on a
    co-primary basis with other radiofrequency communications services
    allocated for that band on a primary basis, and Globalstar's
    operations in the space-to-Earth direction in the 1617.775-1618.725
    MHz band are on a secondary basis to other radiofrequency
    communications services allocated for that band on a primary basis.

45. IT IS FURTHER ORDERED, that the space station license held by
    Iridium Constellation LLC (Call Sign S2110), and the associated
    blanket mobile earth terminal licenses held by Iridium Carrier
    Services LLC (Call Sign E960622) and Iridium Satellite LLC (Call
    Sign E960132), ARE MODIFIED. Iridium Big LEO MSS satellites and
    mobile earth station terminals are AUTHORIZED to operate in the
    1618.725-1626.5 MHz band on an exclusive basis, to operate in the
    Earth-to-space direction in the 1617.775-1618.725 MHz band, on a
    shared basis with the Globalstar Big LEO system, and to operate in
    the space-to-Earth direction in the 1617.775-1618.725 MHz band on
    shared basis with the Globalstar Big LEO system.

46. IT IS FURTHER ORDERED, that Iridium's operations in the
    Earth-to-space direction in the 1617.775-1618.725 MHz band are on a
    co-primary basis with other radiofrequency communications services
    allocated for that band on a primary basis, and Iridium's operations
    in the space-to-Earth direction in the 1617.775-1618.725 MHz band
    are secondary to other radiofrequency communications services
    allocated for that band on a primary basis.

47. IT IS FURTHER ORDERED that these modifications to the licenses of
    Globalstar Licensee LLC, GUSA Licensee LLC, Iridium Constellation
    LLC, Iridium Carrier Services LLC, and Iridium Satellite LLC are
    effective 60 days after the release of this *Order of
    Modifications*.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

[^1]: Big LEO systems provide voice and data communication to users with
    handheld mobile terminals via non-geostationary satellites in Low
    Earth Orbit (LEO).

[^2]: Spectrum and Service Rules for Ancillary Terrestrial Components in
    the 1.6/2.4 GHz Big LEO Bands, Review of the Spectrum Sharing Plan
    Among Non-Geostationary Satellite Orbit Mobile Satellite Service
    Systems in the 1.6/2.4 GHz Bands, *Second Order on Reconsideration,
    Second Report and Order, and Notice of Proposed Rulemaking*, IB
    Docket Nos. 07-253 and 02-364, 22 FCC Rcd 19733 (2007) (*2007 Big
    LEO Spectrum Sharing Second Reconsideration Order*).

[^3]: Globalstar Licensee LLC, GUSA Licensee LLC, Iridium Constellation
    LLC, Iridium Satellite LLC, Iridium Carrier Services, Modification
    of Authority to Operate a Mobile Satellite System in the 1.6 GHz
    Frequency Band, *Order Proposing Modifications*, 23 FCC Rcd 7984
    (2008) (*Order Proposing* *Modifications*).

[^4]: *See* Amendment of the Commission's Rules to Establish Rules and
    Policies Pertaining to a Mobile Satellite Service in the
    1610-1626.5/2483.5-2500 MHz Frequency Bands, *Report and Order*, 9
    FCC Rcd 5936 (1994) (*1994 Big LEO Order*), *recon.*, *Memorandum
    Opinion and Order*, 11 FCC Rcd 12861 (1996).

[^5]: *1994 Big LEO Order*, 9 FCC Rcd at 5954 (para. 43).

[^6]: *Id.*

[^7]: *Id.*

[^8]: *Id*. Because the TDMA system would operate bi-directionally in
    the 1.6 GHz band and would not operate in the S-band, the Commission
    did not adopt a band plan for the S-band.

[^9]: *1994 Big LEO Order*, 9 FCC Rcd at 5955 (para. 44).

[^10]: *See 1994 Big LEO Order*, 9 FCC Rcd at 5959-60 (para. 54),
    *citing* Amendment of the Commission's Rules to Establish Rules and
    Policies Pertaining to a Mobile Satellite Service in the
    1610.0-1626.5/2483.5-2500 MHz Frequency Bands, *Notice of Proposed
    Rulemaking*, 9 FCC Rcd 1094, 1112 (paras. 33-34) (1994).

[^11]: *1994 Big LEO Order*, 9 FCC Rcd at 5960 (para. 55). *See also*
    Review of the Spectrum Sharing Plan Among Non-Geostationary
    Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz
    Bands, IB Docket No. 02-364, *Report and Order, Fourth Report and
    Order and Further Notice of Proposed Rulemaking*, 19 FCC Rcd 13356,
    13371 (para. 33) (2004) (*2004 Big LEO Spectrum Sharing Order*).

[^12]: *1994 Big LEO Order*, 9 FCC Rcd at 5958 (para. 52).

[^13]: *See* Loral/Qualcomm Partnership, L.P., *Order and
    Authorization*, 10 FCC Rcd 2333 (Int'l Bur. 1995) (Globalstar
    License); TRW, Inc., *Order and Authorization*, 10 FCC Rcd 2263
    (Int'l Bur. 1995); Mobile Communications Holdings, Inc., *Order and
    Authorization*, 12 FCC Rcd 9663 (Int'l Bur./OET 1997); Constellation
    Communications, Inc., *Order and Authorization*, 12 FCC Rcd 9651
    (Int'l Bur./OET 1997).

[^14]: *See* Motorola Satellite Communications, Inc., *Order and
    Authorization*, 10 FCC Rcd 2268 (Int'l Bur. 1995).

[^15]: *See* Review of the Spectrum Sharing Plan Among Non-Geostationary
    Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz
    Bands, *Report and Order and Notice of Proposed Rulemaking* (*2003
    Big LEO Spectrum Sharing Notice*), IB Docket No. 02-364, 18 FCC Rcd
    1962, 2089 (para. 265) (2003).

[^16]: *2003 Big LEO Spectrum Sharing Notice*, 18 FCC Rcd at 2089 (para.
    265), *citing* *1994 Big LEO Order*, 9 FCC Rcd at 5960 (para. 55).

[^17]: *2003 Big LEO Spectrum Sharing Notice*, 18 FCC Rcd at 2089 (para.
    265).

[^18]: *2004 Big LEO Spectrum Sharing Order* 19 FCC Rcd at 13376 (para.
    44).

[^19]: *2007 Big LEO Spectrum Sharing Second Reconsideration Order*, 22
    FCC Rcd at 19733 (para. 1).

[^20]: *2007 Big LEO Spectrum Sharing Second Reconsideration Order*, 22
    FCC Rcd at 19733.

[^21]: *Order Proposing Modifications*, FCC 08-125. *See* 47 U.S.C. §
    316. The *Order Proposing Modifications* also proposed modifications
    to Iridium's Big LEO license. In this Order, we address only
    Globalstar's Big LEO license. We address Iridium's modified Big LEO
    license in a separate order.

[^22]: *Order Proposing Modifications*, FCC 08-125 at para. 3.

[^23]: 47 C.F.R. § 1.87.

[^24]: Protest of Globalstar Licensee LLC and GUSA Licensee LLC (filed
    June 6, 2008) (Globalstar Protest).

[^25]: Opposition of Iridium Satellite LLC to License Protest of
    Globalstar Inc. \[sic\] (filed June 16, 2008) (Iridium Opposition).

[^26]: Reply of Globalstar to Opposition of Iridium (filed June 23,
    2008) (Globalstar Reply).

[^27]: Request to Strike Affidavit (filed July 1, 2008) (Iridium Request
    to Strike).

[^28]: Opposition of Globalstar to Iridium's Request to Strike Affidavit
    (filed July 11, 2008) (Globalstar Opposition to the Request to
    Strike).

[^29]: Globalstar Protest at 2-8.

[^30]: Globalstar Reply at 14-15.

[^31]: Globalstar Protest at 8-19.

[^32]: Globalstar Protest at 19-22.

[^33]: Iridium Opposition at 7-9.

[^34]: Iridium Opposition at 10-24.

[^35]: Iridium Opposition at 29-34.

[^36]: We do not consider here, however, Globalstar's contention that
    the Commission's decision to transfer spectrum from Globalstar's
    exclusive use to Iridium's exclusive use was made without adequate
    notice and comment. Globalstar Protest at 3, *citing* *2007 Big LEO
    Spectrum Sharing Second Reconsideration Order*, 22 FCC Rcd 19733.
    Globalstar notes it has filed for judicial review of that decision
    with the U.S. Court of Appeals for the D.C. Circuit. Globalstar
    Protest at 3, *citing* *Globalstar, Inc. v. FCC*, DC Cir. Case No.
    08-1046 (D.C. Cir., filed Feb. 5, 2008). Consequently, this Order
    addresses only those issues related to the Commission's statement in
    the *Order Proposing Modifications* that the proposed modifications
    to Globalstar's space station license apply to its global space
    station operations.

[^37]: Globalstar Protest at 8.

[^38]: *1994 Big LEO Order*, 9 FCC Rcd at 6019 (para. 213).

[^39]: *See* Globalstar Protest at 4.

[^40]: Globalstar Reply at 14-15.

[^41]: Iridium Opposition at 11. Indeed, the only reason the Commission
    included, in the *Order Proposing Modifications*, a statement that
    the modification of the Big LEO space station authorizations would
    apply to the systems' global operations was because the licensees
    had raised this issue in a series of *ex parte* communications.
    *See, e.g.*, Letter from William T. Lake, Counsel to Globalstar,
    Inc., to Marlene H. Dortch, Secretary, FCC (Apr. 24, 2008); Letter
    from William T. Lake, Counsel to Globalstar, Inc., to Marlene H.
    Dortch, Secretary, FCC (Mar. 24, 2008); Letter from R. Michael
    Senkowski, Counsel to Iridium Satellite LLC, to Marlene H. Dortch,
    Secretary, FCC (Mar. 7, 2008).

[^42]: *See* paras. 16-19, below, for a discussion of Iridium's requests
    to operate in portions of the CDMA spectrum.

[^43]: In fact, the Commission's statement in the *1994 Big LEO Order*
    that it would not impose a global band sharing plan was made in
    response to a proposal that the Commission adopt a band segmentation
    plan for non-U.S. operations that differed from what the proponents
    of the proposal characterized as the U.S. domestic plan. *1994 Big
    LEO Order*, 9 FCC Rcd at 6018 (para. 212). Thus, the Commission's
    statement at that time should be viewed as simply declining to adopt
    the specific proposal before it, given the circumstances then
    obtaining, rather than as a broader statement about the scope of FCC
    space station licensing authority.

[^44]: *2003 Big LEO Spectrum Sharing Notice*, 18 FCC Rcd at 2090 (para.
    270).

[^45]: This is also the case with space station licensees in other
    satellite services. For example, in 2001, Hughes Communications
    Galaxy, Inc. (Hughes) requested Commission authority to operate
    outside the United States in frequencies not part of the
    Commission's global 28 GHz Ka-band plan or included in its space
    station license. The International Bureau's Satellite Division
    modified Hughes's license to include authority to operate in these
    additional bands. *Hughes Communications Galaxy, Inc., Order and
    Authorization*, 16 FCC Rcd 12627 (Int'l Bur. Sat. Div. 2001).
    Globalstar argues that this case is distinguishable from those in
    the Big LEO service because Hughes did not have construction
    authority for the bands in question. Globalstar Reply at 12. This
    overlooks the fact that Iridium's Big LEO license space station
    license contained construction authority for the bands in which
    Iridium sought to operate outside the United States and that this
    did not relieve Iridium of its obligation to seek and receive
    Commission authority before beginning such operations.

[^46]: Modification of Licenses held by Iridium Constellation, LLC and
    Iridium, US LP for a Mobile Satellite System in the 1.6 GHz
    Frequency Band, *Order to Show Cause*, 18 FCC Rcd 10441 (Sat. Div.,
    Int'l Bur. 2003) (*May 2003 Order to Show Cause).*

[^47]: Protest of Globalstar, L.P. and Globalstar USA L.L.C. (filed May
    23, 2003) at 5.

[^48]: Modification of Licenses held by Iridium Constellation, LLC and
    Iridium, US LP for a Mobile Satellite System in the 1.6 GHz
    Frequency Band, *Order*, 18 FCC Rcd 11480 (Sat Div., Int'l Bur.
    2003) *(June 2003 Iridium Order).*

[^49]: *June 2003 Iridium Order*, 18 FCC Rcd at 11482 n.18.

[^50]: *June 2003 Iridium Order*, 18 FCC Rcd at 11482-83 (para. 8).

[^51]: Modification of Licenses held by Iridium Constellation, LLC and
    Iridium, US LP for a Mobile Satellite System in the 1.6 GHz
    Frequency Band, *Order to Show Cause*, 18 FCC Rcd 14498 (Sat. Div.,
    Int'l Bur. 2003) *(July 2003 Order to Show Cause).*

[^52]: Protest of Globalstar, L.P. and Globalstar USA, LLC (filed July
    28, 2003).

[^53]: Modification of Licenses held by Iridium Constellation, LLC and
    Iridium, US LP for a Mobile Satellite System in the 1.6 GHz
    Frequency Band, *Order*, 18 FCC Rcd 20023 (Sat Div., Int'l Bur.
    2003).

[^54]: Request for Special Temporary Authority, Iridium Constellation,
    LLC, for a Mobile Satellite System in the 1.6 GHz Frequency Band,
    *Order*, 18 FCC Rcd 25814 (Sat Div., Int'l Bur. 2003) (*December
    2003 Iridium Modification Order*).

[^55]: Globalstar Reply at 13.

[^56]: Globalstar Reply at 14.

[^57]: We note, however, that the Commission did not authorize earth
    station operations on Iraqi territory, as there is no statutory
    basis for doing so.

[^58]: Globalstar Reply at 13-14, *citing December 2003 Iridium
    Modification Order*, 18 FCC Rcd at 25820 (para. 14).

[^59]: Globalstar Reply at 13-14.

[^60]: In this regard, we agree with Iridium and Globalstar that earth
    stations within the territory of another country fall under the
    jurisdiction of that country. Countries have full discretion to
    decide whether to use a U.S.-licensed satellite to provide Big LEO
    service in their country. A space station that has received such
    "landing rights" from another country may then transmit to, and
    receive transmissions from, earth stations located within and
    licensed by that country. Contrary to Globalstar's assertion,
    however, the U.S.-licensed space station may operate with those
    earth stations only on those frequency bands authorized for
    operation in its U.S. license, or on a subset of those frequency
    bands.

[^61]: In addition to noting the United States' role as the licensing
    administration for Globalstar space stations, the Commission, in the
    *Order Proposing Modifications*, also cited Amendment to the
    Commission's Regulatory Policies Governing Domestic Fixed Satellites
    and Separate International Satellite Systems, *Report and Order*, 11
    FCC Rcd 2429, 2430 (para. 9) (1996) (*DISCO I*). Globalstar states
    that *DISCO I* does not apply because *DISCO I* was expressly
    limited to geostationary satellite orbit (GSO) systems, and the
    *Order Proposing Modifications* involves non-geostationary satellite
    orbit (NGSO) systems. See Globalstar Protest at 14-16. We agree with
    Iridium that this is a distinction without a difference. Iridium
    Opposition at 23. Contrary to Globalstar's assertion, the
    Commission's policies and practices relating to the provision of
    service outside the United States by U.S. space station licensees
    have never distinguished between GSO and NGSO system designs. The
    United States' obligation to resolve any interference issues caused
    in other countries by U.S.-licensed space stations is the same,
    regardless of whether service is being provided in a limited number
    of countries by regional GSO space stations or on a more global
    basis by NGSO space stations. Indeed, in the Ka-band licensing
    proceeding, which involved both GSO and NGSO space station systems,
    the Commission required all space stations to operate in conformance
    with their licenses on a global basis. Rulemaking to Amend Parts 1,
    2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5
    GHz Frequency Band*, Third Report and Order,* 12 FCC Rcd 22310,
    22237 (para. 67) (1997) (*Ka-band Report and Order*). Thus, whether
    or not *DISCO I* applied by its terms to the Big LEO service,
    Globalstar, like all other Commission space station licensees, must
    abide by the terms of its Commission license. *See* paras. 32-39,
    below, for a more detailed discussion of the United States' treaty
    obligation to resolve interference caused by U.S.-licensed systems.

[^62]: 47 U.S.C. § 316(a)(3).

[^63]: *See* 47 U.S.C. § 316(b).

[^64]: *See* 47 C.F.R. § 1.87(e).

[^65]: *See* Globalstar Protest at 19, *citing* *Spectrum Sharing
    Further Notice*, 19 FCC Rcd at 13393 (para. 85); *2007 Big LEO
    Spectrum Sharing Second Reconsideration Order*, 22 FCC Rcd at
    19743-44 (paras. 23-24).

[^66]: *See* Globalstar Protest at 19-22.

[^67]: *See* Globalstar Protest at 21-22; Globalstar Reply at 17.

[^68]: *See* Globalstar Protest at 22, *citing* *Order Proposing
    Modification*, FCC 08-125 at para. 5.

[^69]: *See* Globalstar Protest at 22.

[^70]: *See* Iridium Opposition at 29-30, *citing* 47 U.S.C. § 309(e).

[^71]: *See* Iridium Opposition at 31, *citing* Bell Atlantic New
    Zealand Holdings, Inc., Transferor, and Pacific Telecom Inc.,
    Transferee*,* Applications for Consent to Transfer Control of a
    Submarine Cable Landing License, International and Domestic Section
    214 Authorizations, a Cellular Radiotelephone License, Common
    Carrier and Non-Common Carrier Satellite Earth Station Licenses, and
    a Petition for Declaratory Ruling Pursuant to Section 310(b)(4) of
    the Communications Act, *Order and Authorization*, IB Docket No.
    03-115, 18 FCC Rcd 23140, 23162 (para. 48) (2003).

[^72]: *See* Iridium Opposition at 33-34.

[^73]: *See* Iridium Opposition at 29-30.

[^74]: 47 U.S.C. § 309(d)(2).

[^75]: *See Astroline Communications Co. v. FCC*, 857 F.2d 1556,
    1561(D.C. Cir. 1988) (citing threshold requirement for demonstrating
    right to Section 309(d) hearing).

[^76]: While Iridium has requested that we strike the affidavit filed in
    support of the Globalstar Reply detailing the impact on Globalstar
    if the band reassignment is applied globally, we will treat the
    affidavit, the Iridium Request to Strike, and the Globalstar
    Opposition to the Iridium Request to Strike as informal comments.

[^77]: *See* *Stone v. FCC*, 466 F.2d 316, 323 (D.C. Cir. 1972) (holding
    that, if the facts are not disputed, but disposition turns on
    inferences and legal conclusions to be drawn from facts already
    known, a hearing is unnecessary); *Astroline Communications*, 857
    F.2d at 1561-62 (ruling that, even if petitioner has made a *prima
    facie* case of inconsistency with the public interest, a hearing
    would not be warranted if there were no questions of facts in
    dispute).

[^78]: *See Astroline Communications*, 857 F.2d at 1161; *Citizens for
    Jazz on WRVR, Inc. v. FCC*, 775 F.2d 392, 394-95 (D.C. Cir. 1985).

[^79]: In addition to receiving notice of the Commission's inquiry into
    the global effect of the revision of the Big LEO L-band band plan,
    Globalstar commented on global aspects of the Commission's proposals
    and requests for comments. Iridium lists and cites several other
    filings in which Globalstar discussed international and global
    aspects of the Big LEO L-band band plan and the details of its
    global operations. *See* Iridium Request to Strike Affidavit at
    6-10. Globalstar asserts that Iridiuim's Request to Strike does not
    demonstrate that Globalstar has been provided with sufficient notice
    and opportunity to present arguments relevant to the scope of its
    license. Globalstar Opposition to the Request to Strike at 2. We
    addressed the notice issue at paras. 12-23, above.

[^80]: Globalstar notes that applying for waivers "would impose an
    unwarranted and unacceptable burden" on Globalstar. Globalstar
    Protest at 22. The administrative burden on an applicant seeking
    waiver or modification or other regulatory relief is not a
    consideration in determining whether a hearing is warranted.
    Furthermore, Globalstar's assertion that a hearing is warranted
    because the Commission "never sought comment on or considered the
    impact that Iridium's operations in the spectrum between
    1617.775-1621.35 MHz would have on licensed services in countries in
    which TDMA MSS services are not authorized below 1621.35 MHz" is
    incorrect. In the *2003 Big LEO Spectrum Sharing Notice*, the
    Commission expressly requested public comment on "whether changes to
    the Big LEO spectrum sharing plan would have any effect on GLONASS,
    the Russian Global Navigation Satellite System, and Radioastronomy
    service (RAS) in the band" and on "how the U.S. Big LEO spectrum
    sharing plan fits with international band plans for Big LEO
    operations and what impact changes to the U.S. plan would have on
    plans in other regions." *2003 Big LEO Spectrum Sharing Notice*, 18
    FCC Rcd at 2090 (para. 270).

[^81]: We agree with Iridium that "an MSS operator's licensing
    administration...has full and exclusive authority to regulate the
    provider's space station operations, regardless of whether those
    stations are communicating with an earth station located within that
    administration's territory or a foreign nation." Iridium Opposition
    at 16. Globalstar acknowledges this, stating that "Iridium's
    argument that the FCC has authority as a general matter to modify
    satellite authorizations answers a question that hasn't been asked."
    Globalstar Reply at 11, *citing* Iridium Opposition at 16-24. We
    note, however, that Globalstar has, on several previous occasions,
    argued that the Commission does not have jurisdiction to regulate a
    U.S. licensee's international operations. On each of these
    occasions, the Commission stated that it disagreed, citing the
    Commission's mandate under Sections 151, 152, 301, and 303(r) of the
    Communications Act. 47 U.S.C. §§ 151, 152(a), 301, 303(r). *See*
    discussion at paras. 17-20, above*.*

[^82]: *See* para. 3, above.

[^83]: *1994 Big LEO Order,* 9 FCC Rcd at 5955 (para. 44).

[^84]: *See* Globalstar Petition for Reconsideration of the *2004 Big
    LEO Spectrum Sharing Order*, at 5-6.

[^85]: *Order Proposing Modifications*, FCC 08-125 at n.5, *citing*
    Radio Regulation 18.1. The ITU is a specialized agency of the United
    Nations, whose primary function is to set technical standards for
    world telecommunications to prevent harmful interference and to
    develop the basic operating arrangements under which member nations
    communicate. The ITU Convention is the basic instrument creating and
    defining the role of the ITU. The United States is a member of the
    ITU. Further, the ITU Convention has the status of a treaty under
    United States law. *See* Radio Regulation 18-1.

[^86]: Radio Regulation 15.25. *See also* 47 U.S.C. § 303(f).

[^87]: Globalstar Protest at 9.

[^88]: Iridium Opposition at 23.

[^89]: Even assuming, for the sake of argument, that the Commission had
    allowed Globalstar and Iridium to operate anywhere in the L-band
    where they had obtained landing rights without further Commission
    approval, the ongoing international interference issues would have
    required the Commission to impose a solution. The Commission has
    consistently stated that if the parties cannot resolve their
    coordination differences among themselves, the Commission will
    dictate a solution. *See, e.g*., Assignment of Orbital Locations to
    Space Stations in the Domestic Fixed-Satellite Service, *Memorandum
    Opinion and Order*, 13 FCC Rcd 13863, 13867 (para. 8) (Int'l Bur.
    1998); PanAmSat, L.P., Application for Modification of Conditional
    Authority to Construct, Launch, and Operate a Hybrid Separate
    International Communications Satellite System*, Memorandum Opinion,
    Order and Authorization*, 8 FCC Rcd 3905, 3907 (para. 12) (1993);
    Assignment of Orbital Locations to Space Stations in the Domestic
    Fixed-Satellite Service, *Memorandum Opinion and Order*, 5 FCC Rcd
    179, 183 (para. 32) (1990). While these cases relate to interference
    to U.S. operations, our treaty obligations would require us to
    follow the same policy with respect to interference caused by
    U.S.-licensed satellites operating globally.

[^90]: The Commission acknowledged in 1997 that Big LEO service was
    delayed due to international coordination conflicts among the
    licensees and was initiated only after the licensees decided the
    best way to resolve these conflicts was to operate globally in a
    manner consistent with the Big LEO band plan. *See* *Ka-band Report
    and Order*, 12 FCC Rcd at 22237 (para. 67). Indeed, the same
    interference concerns led the Commission to explicitly require
    technically incompatible NGSO and GSO Ka-band fixed-satellite
    service space station licensees to adhere to their authorized
    operating bands globally. The Commission stated that requiring the
    Ka-band licensees to operate compatibly with the band plan on a
    worldwide basis would be the best way to ensure that interference
    conflicts did not arise and that this new service was promptly
    initiated. *Ka-band Report and Order*, 12 FCC Rcd at 22337 (paras.
    67-68).

[^91]: Globalstar Protest at 18; Globalstar Reply at 15.

[^92]: Globalstar Response at 15.

[^93]: Globalstar Protest at 18.

[^94]: *Id.*

[^95]: *Order Proposing Modifications*, 23 FCC Rcd 7984.