**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | IB File No.                  |
|                                  | * | SAT-LOA-20050311-00061       |
| AFRISPACE, INC.                  | ) |                              |
|                                  | * | Call Sign: S2666             |
| Application for Authority to     | * |                              |
| Launch and                       |   |                              |
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| Operate a Replacement Satellite, | * |                              |
| AfriStar-2,                      | ) |                              |
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| at 21° E.L. and to Co-locate It  | * |                              |
| with AfriStar-1                  |   |                              |
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**ORDER AND AUTHORIZATION**

**Adopted: January 03, 2006 Released: January 03, 2006**

By the Chief, International Bureau:

# introduction

1.  By this Order, we authorize AfriSpace, Inc. (AfriSpace)[^1] to
    launch and operate the AfriStar-2 satellite in the
    geostationary-satellite orbit (GSO) at the 21° East Longitude (E.L.)
    orbital location. AfriStar-2 is controlled from the United States
    and is capable of providing Broadcasting-Satellite Service (sound)
    (BSS (sound)) to Africa and Europe on a non-common carrier basis. We
    authorize AfriStar-2 to operate downlinks within 2.6 megahertz of
    spectrum in each polarization with a center frequency of 1479.5 MHz.
    We also authorize AfriSpace to utilize feeder links and telecommand
    links for the AfriStar-2 satellite in the 7025-7075 MHz frequency
    band, to operate its telemetry link for the AfriStar-2 satellite at
    a center frequency of 1491.7 MHz, and to co-locate the AfriStar-2
    satellite at 21° E.L. with the AfriStar-1 satellite currently in
    orbit. In addition, we grant AfriSpace a waiver of the Commission's
    rule regarding transponder saturation flux densities for the
    AfriStar-2 satellite.[^2] These authorizations give AfriSpace the
    capability to continue to provide service to existing customers
    despite unanticipated technical difficulties experienced by the
    AfriStar-1 satellite and to serve new customers, conditioned on
    AfriSpace complying with the applicable laws, regulations, rules,
    and licensing procedures of any countries it proposes to serve.

# Background

2.  In 1999, the Commission authorized AfriSpace to launch and operate
    the AfriStar-1 GSO satellite at 21° E.L. to provide BSS (sound)
    service on a non-common carrier basis to satellite radio receivers
    in Africa and the Middle East in the 1452-1492 MHz frequency
    band.[^3] Since that authorization, AfriStar-1 has been providing 35
    channels of audio programming to Africa and the Middle East, and
    reaches an estimated 245,000 receivers.[^4] AfriSpace's programming
    includes news, sports, and music, as well as specialized
    programming, such as distance education programs provided in
    conjunction with the Kenya Institute of Education and the Pakistan
    Education Initiative.[^5] In addition, AfriStar-1 transmits
    information throughout Africa and the Middle East for the U.S. Air
    Force Weather Agency and provides information and entertainment
    programming to U.S. Armed Forces stationed in these regions.[^6]
    AfriSpace states that, due to the better-than-expected sensitivity
    of AfriSpace's radio receivers, the service area of the AfriStar-1
    satellite can be expanded to include parts of South Asia and Western
    Europe within the -8 dB contour of the satellite's footprint.[^7] By
    letter dated April 8, 2004, AfriSpace notified the Commission that
    it was serving these spill-over areas under its existing space
    station authorization.[^8]

3.  On March 11, 2005, AfriSpace filed an application to launch and
    operate a satellite, AfriStar-2, that will eventually replace
    AfriStar-1.[^9] In its application, AfriSpace states that the
    AfriStar-1 space station needs to be replaced sooner than
    anticipated due to degradation of the satellite's solar array
    panels, which will significantly reduce the amount of power
    available to the satellite and thus reduce its expected service
    life.[^10] Without full power, AfriSpace states that it will need to
    begin shutting off transponders by 2008, which is three years
    earlier than the satellite's projected end of useful life.[^11]
    AfriSpace states that shutting off transponders would reduce the
    capacity available on AfriStar-1 and decrease the services provided
    to the public.[^12]

4.  To prevent a reduction in services, AfriSpace requests authority to
    launch the AfriStar-2 satellite to the 21° E.L. orbital location in
    2006 and to co-locate it with AfriStar-1.[^13] AfriSpace states that
    by co-locating the satellites it will be able to consolidate traffic
    and turn off channels on AfriStar-1 as the power output of the
    satellite's solar arrays falls below the level necessary to operate
    all six transponders.[^14] By consolidating traffic and turning off
    channels on AfriStar-1, AfriSpace claims that it will be able to
    manage better the waning power resources of AfriStar-1 and extend
    the useful life of the space station for perhaps 12-18 months, into
    2009.[^15]

5.  According to AfriSpace's application, AfriStar-2 will operate within
    the same authorized downlink frequency band, 1452-1492 MHz, as
    AfriStar-1.[^16] AfriStar-2 will transmit two 2.6
    megahertz-bandwidth time division multiplexing (TDM) service link
    channels, each operating on a center frequency of 1479.5 MHz, one
    using right-hand circular polarization, and the other using
    left-hand circular polarization.[^17] AfriSpace states that
    AfriStar-2 will utilize the same network of telemetry, tracking, and
    control (TT&C) earth stations as those used to maintain the
    AfriStar-1 space station.[^18] Further, AfriSpace will transmit TT&C
    with a center frequency of 1491.7 MHz using right-hand circular
    polarization.[^19] AfriSpace also states that service will be
    uplinked to AfriStar-2 using the same 7025-7075 MHz frequency bands
    that it currently uses for AfriStar-1 through feeder link stations
    in South Africa, the United Kingdom, and Kenya, which are licensed
    and coordinated in their respective countries.[^20]

6.  The AfriStar-2 Application was placed on Public Notice on March 18,
    2005.[^21] Ondas Spain, SL (Ondas) filed a petition to deny.[^22]
    Ondas is seeking to implement a competing BSS (sound) system in
    Europe using satellites in non-geostationary satellite orbit (NGSO)
    and asserts that authorization of the AfriStar-2 satellite by the
    Commission would preclude the implementation of Ondas's system and
    create "significant jurisdictional issues between the U.S. and
    Europe."[^23] AfriSpace opposes the petition to deny.[^24] In
    addition, the Agence Nationale des Fréquences of the Republic of
    France filed a letter expressing a desire for close coordination
    between the U.S. and French administrations on the development of a
    European Satellite Digital Radio program (E-SDR) that will use the
    same frequency assignments as those requested for AfriStar-2.[^25]

#  discussion

## Processing Procedure

### Inapplicability of Replacement Satellite Procedures

7.  AfriSpace requests us to process its application pursuant to the
    Commission's policy for replacement satellites.[^26] In the *First
    Space Station Licensing Reform Order*,[^27] the Commission
    reiterated its policy governing the replacement of GSO
    satellites.[^28] Under this policy, the Commission will generally
    authorize a replacement satellite at the same orbital location as
    the satellite it intends to replace, so long as the orbit location
    remains available for a U.S. satellite with the technical
    characteristics of the proposed replacement satellite.[^29] A
    replacement satellite need not be technically identical to the
    satellite it is replacing, but must be operated at the same orbit
    location, in the same frequency bands, and with the same coverage
    area as one of the licensee's existing satellites. [^30] The
    Commission acts on applications for replacement satellites as they
    are filed and outside of the frameworks established for processing
    applications in the *First Space Station Licensing Reform
    Order*.[^31]

8.  We conclude that AfriStar-2 does not satisfy the Commission's
    criteria for a replacement satellite because AfriStar-2 has a
    substantially different coverage area than AfriStar-1. Although the
    coverage patterns of AfriStar-2 and AfriStar-1 would overlap over
    northwestern and northeastern Africa and parts of Western Europe,
    the footprint of AfriStar-2 is centered over Europe and would permit
    greater signal strength into Europe, as well as the western parts of
    Russia, than that currently provided by AfriStar-1.[^32] Further,
    the coverage area includes territory not accessible by AfriStar-1.
    Because of the differences in the footprints of the AfriStar-2 and
    AfriStar-1 satellites, we conclude that AfriSpace's request to
    classify AfriStar-2 as a replacement satellite is not consistent
    with the Commission's rules and will consider AfriSpace's
    application as a request for new authority.

### Waiver of Processing Round Procedures

9.  In the *First Space Station Licensing Reform Order*, the Commission
    adopted various procedural reforms to expedite the licensing process
    for most satellite services.[^33] As part of these reforms, the
    Commission adopted two separate licensing frameworks for satellite
    systems -- a modified processing round procedure and a "first-come,
    first-served" approach.[^34] Under the modified processing round
    procedure, the first-filed application for a particular frequency
    band is placed on public notice and parties are invited to file
    other potentially competing applications by a specified cut-off
    date.[^35] All applications filed by the cut-off date are considered
    concurrently, and the Commission then issues licenses by dividing
    the available spectrum equally among the qualified applicants.[^36]
    By contrast, under the "first-come, first-served" approach, the
    first-filed acceptable application for a particular satellite
    license is considered before considering other applications
    requesting to use the same spectrum.[^37] The Commission issues a
    public notice inviting comment on the application and places
    subsequently-filed, mutually exclusive applications in a queue
    according to their time of filing.[^38] If the first-filed
    application is not technically incompatible with any licensed
    satellite system, the Commission will grant it. If the Commission
    cannot grant the first-filed application, it dismisses it and
    considers the next application in the queue.[^39]

10. The selection of a processing procedure depends on whether the
    satellite system is "NGSO-like" or "GSO-like" in nature.[^40] The
    Commission defined NGSO-like satellite systems as those in which the
    earth station has little or no directivity towards a satellite so
    that the earth station must track the satellite in all directions,
    such as hand-held satellite telephones.[^41] NGSO systems generally
    cannot operate on the same spectrum without causing unacceptable
    interference to each other.[^42] GSO systems, however, employ earth
    stations with antennas with directivity towards the satellites.[^43]
    As a result, GSO satellites can operate on the same spectrum at
    two-degree orbital spacings.[^44]

11. Although the AfriStar-2 satellite will be placed in a geostationary
    satellite orbit, the subscriber receivers that are part of the
    AfriSpace system have little or no directivity towards a satellite.
    Thus, AfriSpace's use of the 1452-1492 MHz frequency band is
    considered as NGSO-like for the purposes of our processing
    procedures.[^45] This means that its request to use the 1452-1492
    MHz frequency band would typically be considered in a modified
    processing round where competing applications are invited and
    considered concurrently, under the rules adopted in the *First Space
    Station Licensing Reform Order*.

12. The Commission has, however, waived the modified processing round
    procedure for NGSO-like system applications when, as a practical
    matter, it would not be possible to authorize a competing NGSO-like
    system with the same parameters as the proposed NGSO-like system.
    For example, in *Mobile Satellite Ventures* the International Bureau
    waived the processing round requirement and considered an
    application for an NGSO-like satellite that was to serve South
    America without inviting competing applications.[^46] In that case,
    the applicant's proposed South American satellite was to operate on
    the same frequencies as the applicant's already licensed NGSO-like
    satellite serving North America. The Bureau found that the applicant
    was seeking to use existing licensed spectrum to serve a new
    geographic area and, in this particular frequency band, any other
    prospective NGSO system operating in this spectrum in the new
    geographic service area would be likely to cause harmful
    interference into the applicant's existing operations.[^47] Because
    the Commission will not authorize new systems that would cause
    interference to licensed U.S. systems,[^48] the Bureau would not
    license another NGSO-like satellite to operate in the same
    frequencies as the North American satellite. Thus, if we did not
    license the co-frequency, co-owned South American satellite, whose
    licensee could self-coordinate operations on both satellites, we
    would be preventing any U.S.-licensed system from offering service
    into South America in those frequency bands. Accordingly, the Bureau
    waived the modified processing round procedure and immediately
    considered the South American satellite application.[^49]

13. Circumstances require the same treatment of the AfriStar-2
    application. AfriSpace does not seek authorization to use any
    additional spectrum in the 1452-1492 MHz frequency band. Rather,
    AfriStar-2 will use frequencies within the 1452-1492 MHz frequency
    band that the AfriStar-1 satellite is already authorized to use. In
    the *1999* *AfriSpace Authorization Order*, the Satellite and
    Radiocommunication Division authorized AfriSpace to launch and
    operate the AfriStar-1 satellite to provide BSS (Sound) service in
    the 1452-1492 MHz frequency band in accordance with technical
    specifications set forth in its application.[^50] In its application
    for AfriStar-1, AfriSpace stated that it would transmit six service
    link signals in three antenna beams, two signals per beam.[^51]
    AfriSpace stated that it could tune the frequencies of these signals
    in steps of 920 kilohertz across the 1457-1492 MHz band.[^52]
    AfriSpace's service area includes the territories within the -8 dB
    antenna pattern contours of AfriStar-1's three antenna beams.[^53]
    Upon examination of the AfriStar-1 antenna beams, using the ITU
    Radiocommunication Bureau's GIMS software,[^54] we find that their
    combined service area covers the entire African continent, as well
    as large portions of southern and western Europe, the Middle East,
    and the eastern part of South Asia, as well as smaller portions of
    eastern Europe and the Russian Federation. In addition, AfriStar has
    notified the Commission that it is providing service to parts of
    Western Europe using AfriStar-1.[^55] Based on our understanding of
    L-band space station antenna designs, and given the large geographic
    coverage area of AfriStar-1, we conclude that we could not authorize
    another BSS (sound) operator's space station in the 1457-1492 MHz
    band and above the horizon at the location of an AfriStar-1 receiver
    without resulting unacceptable interference to the AfriStar-1
    network.[^56]

14. Therefore, we waive application of the modified processing round
    procedure in this instance. Further, since AfriSpace can
    self-coordinate the operations of AfriStar-2 with those of
    AfriStar-1, we can authorize the AfriStar-2 BSS (sound) space
    station. Consequently, we will waive the modified processing round
    requirement for NGSO-like systems in this situation and will award
    AfriSpace authority to construct and launch AfriStar-2 if it is
    otherwise qualified.

### Application of First-Come, First-Served for FSS Feeder Links

15. We find that AfriSpace's request for fixed-satellite service feeder
    links in the 7025-7075 MHz frequency bands is governed by the
    first-come, first-served policy for GSO-like satellites set forth in
    the *First* *Space Station Licensing Reform Order*. There are no
    prior requests to use these frequencies at, or within two degrees
    of, the 21° E.L. orbital location, and AfriSpace states that it has
    already coordinated use of these frequencies.[^57] Consequently, we
    grant AfriSpace license to operate on these frequencies if it is
    otherwise qualified.

##  Use of Spectrum Resources

16. AfriSpace requests authority to operate using the entire 1452-1492
    MHz frequency band. Its application, however, reveals that the
    AfriStar-2 system will, in fact, use only 2.6 megahertz of this
    requested spectrum in each polarization with a center frequency of
    1479.5 MHz.[^58] Accordingly, although we authorize AfriSpace to
    construct and launch AfriStar-2 with the ability to operate in the
    entire 1452-1492 MHz band, we authorize the AfriStar-2 satellite to
    operate using only 2.6 megahertz of spectrum in each polarization
    with a center frequency of 1479.5 MHz. If AfriSpace seeks to operate
    AfriStar-2 on any other spectrum in the 1452-1492 MHz band, it must
    file a modification application to do so.

17. Further, we recognize that Resolution 528 of 1992 World
    Administrative Radio Conference specifically limits satellite
    operations in the 1452-1492 MHz frequency band to the upper 25
    megahertz of that band (that is, 1467-1492 MHz).[^59] Resolution 528
    also states that satellite operations in the lower 15 megahertz of
    this frequency band (that is, 1452-1467 MHz) are not to begin prior
    to the conclusion of a planning conference, which has not yet been
    held.[^60] In addition, ITU Recommendation ITU-R F.1338 addresses
    sharing between GSO BSS (sound) and the Fixed Service (FS) in the
    lower 15 megahertz of the 1452-1492 MHz frequency bands, and
    recommends threshold levels of power flux density (pfd) for
    coordination of GSO space stations with FS analog and digital
    systems in this lower band segment.[^61] AfriSpace states that
    AfriStar-2 will exceed these coordination thresholds within its
    service area, and that it anticipates conducting extensive
    coordination prior to bringing into use satellite service in the
    1452-1467 MHz frequency band.[^62] Because we are not authorizing
    AfriStar-2 to operate in this band, we need not further address this
    issue. Nevertheless, once the operations of AfriStar-2 have been
    successfully coordinated pursuant to Resolution 528 and ITU-R
    F.1338, AfriSpace may seek to modify its authority to include
    operations in these frequencies.

## Legal Qualifications

18. In considering applications to launch and operate a new satellite
    system, we must determine whether the grant will serve the public
    interest. In making this determination, we consider whether the
    applicant is legally, technically, and otherwise qualified to launch
    and operate the satellite. AfriSpace already holds a Commission
    satellite license, and no one has questioned its legal
    qualifications to acquire a new satellite license. In addition,
    AfriSpace has provided information about the directors and officers
    of AfriSpace and its parent company, WorldSpace, and has provided a
    list of shareholders holding more than 10 percent of WorldSpace's
    shares.[^63] Accordingly, we find that AfriSpace is legally
    qualified to hold a satellite license.

## Technical Qualifications

19. AfriSpace has provided the required information on the technical
    parameters of AfriStar-2 pursuant to Section 25.114 of the
    Commission's rules.[^64] Upon review, we find that AfriSpace has
    demonstrated compliance with the Commission's technical
    requirements, or has justified a waiver of these requirements.

### Section 25.210(c) Waiver

20. Section 25.210(c) of the Commission's rules requires FSS space
    stations to have a minimum capability to change transponder
    saturation flux densities by ground command in 4 dB steps over a
    range of 12 dB.[^65] The Commission previously dismissed an
    application for AfriStar-2 because the AfriStar-2 satellite has a
    maximum input attenuator value of only 9 dB and because AfriSpace
    had not sought a waiver of Section 25.210(c).[^66] AfriSpace
    re-submits its application containing the same maximum input
    attenuator value as before, but now specifically requesting a waiver
    of Section 25.210(c).[^67]

21. We conclude that waiver of Section 25.210(c) is appropriate in this
    case. Generally, the Commission may grant a waiver of its rules in a
    particular case of the relief requested would not undermine the
    policy objective of the rule in question and would otherwise serve
    the public interest.[^68] The policy objective of Section 25.210(c)
    is to prevent harmful interference between satellites by allowing
    operators to equalize the uplink power levels between carriers
    accessing adjacent transponders within the same satellite.[^69] It
    can also assist in adjacent satellite coordination by adjusting the
    sensitivity of the satellite to satellite interference.[^70]

22. We find that the purpose of Section 25.210(c) will not be undermined
    in this instance by permitting a maximum attenuator range of 9 dB,
    instead of 12 dB, because the lower maximum input attenuator value
    of the AfriStar-2 satellite is unlikely to result in harmful
    interference between satellites or hinder coordination with adjacent
    satellites.[^71] AfriSpace notes that it intends to operate with
    feeder link earth station with antenna diameters of 4.8 meters or
    larger and will uplink only digital carriers.[^72] Furthermore,
    AfriSpace observes that its research reveals only six other
    satellites that have plans to uplink in the feeder link frequency
    bands utilized by AfriStar-2 (*i.e.*, 7025-7075 MHz) and that all
    these networks also plan to uplink only digital carriers.[^73] As a
    result, the chance of interference between all digital carriers will
    be less than the chance of interference resulting from all analog
    carriers or a mix of analog and digital carriers. AfriSpace also
    states that it will accept any incremental inference level that may
    result from its reduced attenuation range.[^74] The Commission has
    waived Section 25.210(c) in the past where a waiver did not
    undermine the operator's ability to coordinate its system with other
    satellite networks.[^75] For the same reasons, we find a waiver of
    Section 25.210(c) is appropriate for the AfriStar-2 satellite.

### Orbital Debris

23. In its application, AfriSpace provides a narrative describing the
    design and operational strategies it will use to mitigate orbital
    debris.[^76] AfriSpace states that it has assessed the likelihood of
    the release of debris during normal operations and states that there
    will not be any such planned release of debris.[^77] It also states
    that it has considered possible collisions with small debris and/or
    meteoroids and has taken steps to limit the effects of such
    collisions.[^78] These steps include the use of redundant systems
    and shielding, and careful placement of components to ensure that
    such a collision would not cause loss of control of the spacecraft
    or prevent proper post-mission disposal.[^79] AfriSpace states that
    it has taken steps to limit the probability of accidental explosions
    during and after completion of mission operations.[^80] During
    operations all battery pressures and temperatures will be
    continually monitored for conditions that could result in battery
    fragmentation, and corrective action will be immediately taken if
    there are any indications of an abnormal rise in battery temperature
    or pressures.[^81] In addition, AfriSpace states that steps will be
    taken at end of life of the AfriStar-2 satellite to ensure that all
    traveling wave tube amplifiers (TWTAs) are outgassed, all residual
    fuel is consumed, and all fuel latch valves are placed in an open
    position.[^82]

24. AfriSpace states that AfriStar-2 will be co-located with AfriStar-1
    at 21° E.L. and that both satellites will operate within the
    required ± 0.05 degree station-keeping volume of space at this
    location.[^83] As operator of both satellites, AfriStar states that
    it will be able to plan station-keeping maneuvers to maintain both
    satellites at the same nominal location without risk of collision
    with each other.[^84] With the exception of AfriStar-1, AfriSpace
    states that it is not aware of any known satellites located at, or
    reasonably expected to be located at, 21° E.L.[^85] AfriSpace also
    states that it will evaluate its launch and deployment plans and
    will, on a continuing basis, exchange information on orbital
    parameters and station-keeping maneuvers with the operators of
    satellites at adjacent locations.[^86] AfriSpace also states it
    intends to contract with an appropriate agency that can supply
    information regarding large orbital debris that may pose a threat to
    AfriStar-1 and AfriStar-2.[^87]

25. AfriSpace confirms that it plans to dispose of the AfriStar-2
    satellite at the end of its mission life by maneuvering it into a
    storage orbit above geosynchronous Earth orbit and has computed the
    recommended increase in the spacecraft's perigee altitude according
    to the formula developed by the Interagency Space Debris
    Coordination Committee (IADC).[^88] AfriSpace has provided the data
    for the AfriStar-2 satellite that was used to compute this minimum
    perigee altitude.[^89] Because of this computation, AfriSpace states
    that it estimates a minimum increase in perigee altitude of not less
    than 293.443 km at end of life.[^90] In order to achieve this
    minimum increase in perigee altitude, AfriSpace states that it will
    reserve 9.29 kg of propellant for end-of-life maneuvers.[^91] We
    conclude that the plan presented by AfriSpace for the AfriStar-2
    satellite demonstrates its operation raises no public interest
    concerns related to orbital debris.

## Bond Requirement

26. In the *Space Station Licensing Reform Order*, the Commission
    eliminated financial requirements then in place and replaced them
    with a bond requirement.[^92] The bond requirement is intended to
    ensure that licensees are financially able and committed to
    implementing their licensed systems in a timely manner and are not
    warehousing spectrum to the exclusion of other satellite systems.
    Under this requirement, any entity awarded a license for a GSO space
    station must execute a payment bond, payable to the U.S. Treasury,
    within 30 days of the date of the license grant.[^93] The bond is
    payable upon failure to meet any of the implementation milestones
    included in every license, where adequate justification for
    extending that milestone is not provided.[^94] Licensees may reduce
    the amount of the bond upon meeting each milestone.[^95]

27. AfriSpace requests that the Commission refrain from applying its
    milestone and bond requirements to the AfriSpace-2 satellite.[^96]
    AfriSpace bases its request on two grounds. First, it argues that
    AfriStar-2 qualifies as a replacement satellite for AfriStar-1 and
    is thus not subject to milestones or bond requirements.[^97]
    Alternatively, AfriSpace argues that there is good cause for waiver
    of the Commission's milestone and bond requirements.[^98]

28. We agree that good cause exists to waive the Commission's bond
    requirements for AfriStar-2. Although we conclude that AfriStar-2
    does not satisfy the Commission's criteria for replacement
    satellites,[^99] we concur with AfriSpace that there is no reason
    for concern about spectrum warehousing in this instance, because the
    orbital location and frequencies requested for AfriStar-2 are
    currently being used by AfriStar-1, which is already in
    operation.[^100] Thus, a waiver in this instance would not undermine
    the underlying purpose of the Commission's bond requirement, which
    is to ensure that licensees are committed to implementing their
    licensed systems in a timely manner in order to prevent the
    warehousing of scarce orbital and frequency resources. In addition,
    the bond requirement helps to deter speculative satellite
    applications.[^101] It is unlikely that AfriStar-2 application is
    speculative because, for the technical reasons discussed above, no
    one else would be able to operate in AfriStar-1\'s frequency band in
    Europe.[^102] Accordingly, we waive the bond requirement for the
    AfriStar-2 satellite for this reason and need not address the other
    arguments of AfriSpace for waiver.[^103]

29. Waiver of the bond requirement is premised on AfriSpace launching
    the AfriStar-2 satellite prior to the removal of the AfriStar-1
    satellite from service. Otherwise, it is possible that the orbital
    and spectrum resources currently utilized by AfriStar-1 could lie
    fallow in the interim period between the removal of AfriStar-1 from
    service and the launch of AfriStar-2, which would undermine the
    justification for our waiver of the bond requirement. Accordingly,
    although we will not impose the full schedule of construction
    milestones set forth in Section 25.164 of the Commission's
    rules,[^104] we will condition the AfriStar-2 authorization on the
    launch of AfriStar-2 prior to the removal of AfriStar-1 from
    service.

## Petition to Deny

30. Ondas has filed a petition to deny AfriSpace's application to launch
    and operate the AfriStar-2 satellite.[^105] Ondas raises two
    principal objections to AfriSpace's application.[^106] First, Ondas
    argues that authorization of the AfriStar-2 GSO satellite will
    preclude implementation of Ondas' NGSO BSS (sound) system in Western
    Europe in the 1452-1492 MHz frequency band.[^107] Second, Ondas
    claims that authorization of AfriStar-2 by the Commission would
    raise jurisdictional issues between the United States and Europe
    that could call into question the ability of European regulators to
    establish and license BSS (sound) systems in Europe.[^108]

31. We conclude that Ondas's petition fails to raise sufficient cause to
    deny the AfriStar-2 application. As we observed above in Section
    III.A.2. of this Order, it is unlikely that any NGSO-like system,
    including Ondas's, would be able to operate within Western Europe in
    the 1452-1492 MHz frequency band without causing harmful
    interference to the existing AfriStar-1 satellite. AfriSpace has
    coordinated the operations of AfriStar-1 with affected
    administrations and the satellite is included in the ITU's Master
    Registry.[^109] As a result, under the ITU's international Radio
    Regulations, the AfriStar-1 satellite network is "affected" by
    later-notified networks, and it is the responsibility of networks
    with lower ITU priority, such as Ondas's, to coordinate with the
    networks with higher priority. Accordingly, Ondas's ability to
    implement its NGSO network in Europe in the 1452-1492 MHz frequency
    band is already limited by the existing operations of the AfriStar-1
    satellite, regardless of whether we authorize the launch and
    operation of the AfriStar-2 satellite.

32. In addition, we find that our authorization of the AfriStar-2
    satellite will not prejudice the ability of European regulators to
    establish and license BSS (sound) systems in Europe. Our
    authorization of the AfriStar-2 satellite does not grant AfriSpace
    any authority for landing rights of the AfriStar-2 satellite in
    Europe. Indeed, we expressly condition the authorization of the
    AfriStar-2 satellite on AfriSpace's obligation to comply with the
    applicable laws, regulations, rules and licensing procedures for
    those countries it proposes to serve.[^110] Such a condition already
    exists for the operations of the AfriStar-1 satellite.[^111] We
    stress that the launch and operation of the AfriStar-2 satellite is
    at AfriSpace's risk that it may not receive authority to operate in
    countries where it proposes service. Thus, the ability of European
    regulators to determine which systems are authorized to serve their
    markets is unaffected by this Order. Furthermore, the Commission is
    always prepared to coordinate Commission-licensed systems with those
    of other administrations, and to work closely with other
    administrations on spectrum management issues, as requested in the
    letter filed by the Agence Nationale des Fréquences.[^112] The
    United States has already begun the coordination of the AfriStar-2
    satellite with potentially affected administrations through the ITU
    coordination process. We will contact affected administrations,
    including the Republic of France, to begin discussions on spectrum
    management issues involving this authorization.

# conclusion

33. As a result of this Order, AfriSpace is authorized to launch and
    operate the AfriStar-2 satellite in the geostationary-satellite
    orbit at the 21° E.L. orbital location. Specifically, AfriSpace is
    authorized to operate service downlinks from the AfriStar-2
    satellite within 2.6 megahertz of spectrum in each polarization with
    a center frequency of 1479.5 MHz, to utilize feeder links and
    telecommand links in the 7025-7075 MHz frequency band, to operate
    its telemetry link for the AfriStar-2 satellite at a center
    frequency of 1491.7 MHz, and to co-locate the AfriStar-2 satellite
    at 21° E.L. with the AfriStar-1 satellite currently in orbit. We
    also waive the Commission's bond and milestone rule provisions to
    the extent indicated herein. The authority granted by this Order is
    expressly conditioned on AfriSpace complying with the applicable
    laws, regulations, rules, and licensing procedures of any countries
    it proposes to serve.

# ORDERING CLAUSES

34. Accordingly, IT IS ORDERED that the application of AfriSpace, Inc.,
    IBFS File No. SAT-LOA-20050311-00061, IS GRANTED, and that
    AfriSpace, Inc. IS AUTHORIZED to launch a geostationary satellite,
    AfriStar-2, Call Sign S2666, at the 21° E.L. orbital location that
    is capable of providing BSS (sound) service in the 1452-1492 MHz
    (space-to-Earth) frequency band in accordance with the terms,
    conditions, and technical specifications set forth in its
    application, this Order, the International Telecommunication Union's
    Radio Regulations, and the Commission's Rules.

35. IT IS FURTHER ORDERED that AfriSpace, Inc. IS AUTHORIZED to launch
    and operate the service link transmitters of its geostationary
    satellite, AfriStar-2, Call Sign S2666, at the 21° E.L. orbital
    location to provide BSS (sound) service with two TDM signals, each
    having a peak EIRP of 59.8 dBW, a center frequency of 1479.5 MHz,
    and an allocated bandwidth of 2.6 MHz, one signal transmitted using
    right-hand circular polarization and the other signal transmitted
    using left-hand circular polarization.

36. IT IS FURTHER ORDERED that AfriSpace, Inc. IS AUTHORIZED to launch
    and operate the AfriStar-2 satellite at 21° E.L. capable of
    operating in the 7025-7075 MHz frequency band (Earth-to-space) for
    feeder link transmissions in accordance with technical
    specifications set forth in its application and consistent with our
    rules, unless specifically conditioned or waived herein.

37. IT IS FURTHER ORDERED that AfriSpace, Inc. IS AUTHORIZED to launch
    and operate the telemetry transmitter of its geostationary
    satellite, AfriStar-2, Call Sign S2666, at the 21° E.L. orbital
    location, to provide a telemetry signal with a center frequency of
    1491.7 MHz, and an allocated bandwidth of 500 kHz, transmitted using
    right-hand circular polarization, and to operate its telecommand
    links with center frequencies of 7073 and 7074 MHz and an allocated
    bandwidth of 1 MHz.

38. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the
    Commission's rules, 47 C.F.R. § 1.3, AfriSpace, Inc. IS GRANTED a
    waiver of Sections 25.156 and 25.157 of the Commission's rules, 47
    C.F.R. §§ 25.156, 25.157, to the extent necessary to enable the
    Bureau to consider its AfriStar-2 application on a first-come,
    first-served basis as set forth in Section 25.158 of the
    Commission's rules, 47. C.F.R.§ 25.158.

39. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the
    Commission's rules, 47 C.F.R. § 1.3, AfriSpace, Inc.'s request for a
    wavier of Section 25.210(c) of the Commission's rules IS GRANTED as
    set forth in this Order.

40. IT IS FURTHER ORDERED that AfriSpace, Inc. is obliged to comply with
    the applicable laws, regulations, rules, and licensing procedures of
    any countries it proposes to serve.

41. IT IS FURTHER ORDERED that AfriSpace, Inc. shall prepare the
    necessary information, as may be required, for submission to the
    International Telecommunication Union (ITU) to initiate and complete
    the advance publication, international coordination, due diligence,
    and notification process of this space station, in accordance with
    the ITU Radio Regulations. AfriSpace, Inc. shall be held responsible
    for all cost-recovery fees associated with these ITU filings. We
    also note that no protection from interference caused by radio
    stations authorized by other administrations is guaranteed unless
    coordination and notification procedures are timely completed or,
    with respect to individual administrations, by successfully
    completing coordination agreements. Any radio station authorization
    for which coordination has not been completed may be subject to
    additional terms and conditions as required to effect coordination
    of the frequency assignments of other administrations. *See* 47
    C.F.R. § 25.111(b).

42. IT IS FURTHER ORDERED that AfriSpace, Inc.'s request for waiver of
    Section 25.165(a)(2) of the Commission's rules, 47 C.F.R. §
    25.165(a)(2), IS GRANTED.

43. IT IS FURTHER ORDERED that AfriSpace, Inc.'s request for waiver of
    Section 25.164 of the Commission's rules, 47 C.F.R. § 25.164, IS
    GRANTED IN PART, and AfriSpace, Inc. must construct, launch and
    place its authorized satellite into operation prior to the removal
    of the AfriStar-1 satellite from service.

44. IT IS FURTHER ORDERED that the petition to deny filed by Ondas
    Spain, SL, IS DENIED for the reasons set forth in this Order.

45. IT IS FURTHER ORDERED that the license term for the space station is
    15 years and will begin on the date AfriSpace, Inc. certifies to the
    Commission that its operations fully conform to the terms and
    conditions of this Order.

46. This Order is issued pursuant to Section 0.261 of the Commission\'s
    rules on delegated authority, 47 C.F.R. § 0.261, and is effective
    upon adoption. Petitions for reconsideration under Section 1.106 or
    applications for review under Section 1.115 of the Commission\'s
    rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the
    date of the release of this Order.

FEDERAL COMMUNICATIONS COMMISSION

Donald Abelson

Chief

International Bureau

[^1]: AfriSpace is a wholly-owned subsidiary of WorldSpace, Inc. *See*
    AfriSpace, Inc., Application for Authority to Launch and Operate a
    Replacement Satellite, AfriStar-2, at 21° E.L. and to Co-locate it
    with AfriStar-1, File No. SAT-LOA-20050311-00061 (filed March 11,
    2005) (AfriStar-2 Application) at Exhibit E.

[^2]: 47 C.F.R. § 25.210(c).

[^3]: AfriSpace, Inc., *Order and Authorization*, 15 FCC Rcd 1632 (Int'l
    Bur. Sat. and Rad. Div. 1999) (*1999 AfriSpace Authorization
    Order*).

[^4]: AfriStar-2 Application, Exhibit A at 4.

[^5]: *I**d.* at 4-5.

[^6]: *Id.*at 5.

[^7]: *Id.* at 4.

[^8]: *Id.* at 4, n.12, *citing* Letter from Tara K. Giunta to Marlene
    H. Dortch, FCC, dated April 8, 2004. *See also* Amendment to the
    Commission's Regulatory Policies Governing Domestic Fixed Satellites
    and Separate International Satellite Systems, *Report and Order*, 11
    FCC Rcd 2429 (1996)(*DISCO I*). Under *DISCO I*, U.S.-licensed
    satellites may serve all areas covered by their footprint without
    further Commission approval, subject to any necessary foreign
    approval to serve a particular country. *See id.* at 2429.

[^9]: *See supra*, note 1.

[^10]: AfriStar-2 Application, Exhibit A at 6. AfriSpace has traced the
    degradation to a darkening of the cells of the space station's solar
    arrays. *Id.* at 6.

[^11]: *Id.* at 7.

[^12]: *Id*.

[^13]: *Id*.

[^14]: *Id*.

[^15]: *Id.* at 7-8. Although AfriSpace does not seek such authority in
    this application, it informs that it intends to request authority to
    launch and operate a third satellite, AfriStar-3, in 2009 in order
    to provide continuity of service to areas not served by AfriStar-2
    once AfriStar-1 no longer has sufficient power to operate. *Id.* at
    10.

[^16]: AfriStar-2 Application, Exhibit A at 7.

[^17]: AfriStar-2 Application, Form 312 -- Schedule S (Technical and
    Operational Description) at 6. For efficient reception of the
    service link transmissions, AfriSpace's receivers must use
    circularly-polarized antennas, so that if the right-hand circularly
    polarized signal is desired, the receiver can discriminate against
    the left-hand circularly polarized signal, and vice-versa.

[^18]: AfriStar-2 Application, Exhibit A at 11. AfriSpace refers to its
    1999 application for a full discussion of the ground stations that
    track, control and monitor its system. *See id.* at n.15. As part of
    its 1999 application, AfriSpace states that a Regional Operations
    Center (ROC) in Washington, D.C., will manage the performance and
    operations of AfriStar satellite systems, including the on-board
    communications payload. The Washington, D.C. center will control and
    facilitate the delivery and quality of the signals to the satellite
    and route them through the onboard communications payload to their
    appropriate downlink carriers. The Washington, D.C., control center
    is currently connected to earth stations in Bangalore, India, and
    Port Luis, Mauritius by dedicated telephone lines. AfriSpace states
    that these stations are "largely unmanned and controlled directly
    from the ROC in Washington, D.C. and that local contractors provide
    maintenance of these stations on an "as needed" basis. AfriSpace
    further states that the ROC in Washington, D.C. is the control
    center for all operations of the satellite, and can turn off any
    transponder if there is a technical problem, can control individual
    channels on half of the transponders and is being equipped to relay
    U.S.-originated programming to its service areas. *See* *1999
    AfriSpace Authorization Order*, 15 FCC Rcd at 1633-34 (para. 5).

[^19]: AfriStar-2 Application, Form 312 -- Schedule S (Technical and
    Operational Description) at 6. We note that the AfriStar-1 satellite
    uses the same frequency and polarization for its telemetry
    transmissions as that proposed for the telemetry transmissions of
    the AfriStar-2 satellite.

[^20]: AfriStar-2 Application, Exhibit C at 1.

[^21]: Public Notice, Policy Branch Information: Satellite Space
    Applications Accepted for Filing, Report No. SAT-00279 (Mar. 18,
    2005). Although AfriSpace filed as an application for a replacement
    satellite, the initial file number designation of
    SAT-RPL-20050311-00061 was changed to SAT-LOA-20050311-00061,
    without prejudice to the determination of its replacement status.
    *See id.*

[^22]: Ondas Spain, SL, Petition to Deny, File No. SAT-LOA-20050311-0061
    (filed Apr. 18, 2005) (Ondas Petition to Deny).

[^23]: *Id.* at 4.

[^24]: AfriSpace, Inc., Opposition of AfriSpace, Inc. to Petition to
    Deny, File No. SAT-LOA-20050311-00061 (filed May 3, 2005) (AfriSpace
    Opposition).

[^25]: Letter from François Rancy, Director General, Agence Nationale
    des Fréquences, to Thomas S. Tycz, Chief, Satellite Division, FCC,
    dated April 20, 2005 (Rancy Letter).

[^26]: AfriStar-2 Application, Exhibit A at 11.

[^27]: Amendment of the Commission\'s Space Station Licensing Rules and
    Policies, *First Report and Order and Further Notice of Proposed
    Rulemaking*, IB Docket No. 02-34, 18 FCC Rcd 10760 (2003) (*First*
    *Space Station Licensing Reform Order*).

[^28]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at
    10854-55 (para. 250), citing Assignment of Orbital Locations to
    Space Stations in the Domestic Fixed-Satellite Service, *Memorandum
    Opinion and Order*, 3 FCC Rcd 6972, 6976 n.31 (1988) (*1988 Order
    Assignment Order*); Hughes Communications Galaxy, Inc., *Order and
    Authorization*, 6 FCC Rcd 72, 74 n.7 (1991) (*Hughes Replacement
    Order*); GE American Communications, Inc., *Order and
    Authorization*, 10 FCC Rcd 13775, 13775-76 (para. 6) (Int'l Bur.
    1995) (*GE Americom Replacement Order*).

[^29]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at 10855
    (para. 250), citing *1988 Order Assignment Order*, 3 FCC Rcd at 6976
    n.31; *GE Americom Replacement Order*, 10 FCC Rcd at 13775-76 (para.
    6).

[^30]: 47 C.F.R. § 25.165(e). In the past, the Commission has considered
    applications for replacement satellites with greater coverage areas
    than the original satellites, but the Commission revisited this
    policy as part of the *First* *Space Station Licensing Reform
    Order*. *See First Space Station Reform Order*, 18 FCC Rcd at 10857
    (para. 258), citing Application of Columbia Communications
    Corporation for Modification of Authorization to Permit Operation of
    Ku-band Satellite Capacity on the Columbia 515 Satellite Located at
    37.7° West Longitude, *Memorandum Opinion and Order*, 16 FCC Rcd
    12480, 12483-84 (para. 9) (Int'l Bur. 2001). Accordingly, greater
    coverage areas are no longer included in a licensee's replacement
    expectancies. *See First Space Station Reform Order*, 18 FCC Rcd at
    10857 (para. 258).

[^31]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at 10855
    (para. 250), citing *GE Americom Replacement Order*, 10 FCC Rcd at
    13775-76 (para. 6); Loral Spacecom Corp., *Order and Authorization*,
    13 FCC Rcd 16348-16440 (para. 5) (Int'l Bur., Sat. & Rad. Div.
    1995).

[^32]: AfriStar-2 Application, Exhibit A at 8-9 (providing the gain
    contours of the AfriStar-1 and AfriStar-2 space stations).

[^33]: The Commission's space station licensing reforms do not apply to
    applications for Direct Broadcast Satellite (DBS) or Digital Audio
    Radio Satellite (DARS) licenses. *See First Space Station Licensing
    Reform Order*, 18 FCC Rcd at 10764, n.4. Because AfriSpace does not
    seek to operate in frequency bands allocated to DBS and DARS in the
    United States, its application does not fall into either of these
    exceptions and is subject to the Commission's space station
    licensing reforms.

[^34]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at 10769
    (para. 13).

[^35]: *Id.* at 10782-83 (para. 48).

[^36]: *Id*.

[^37]: *Id.* at 10774 (para. 24).

[^38]: *Id*.

[^39]: *Id*.

[^40]: *See First Space Station Licensing Reform Order*, 18 FCC Rcd at
    10773 (para. 21).

[^41]: *Id*.

[^42]: *Id*.

[^43]: *Id*.

[^44]: *Id*.

[^45]: While the AfriSpace subscriber receivers may provide a limited
    amount of directivity, they are unable to discriminate between
    satellites on the geostationary arc that are visible above the
    horizon.

[^46]: Mobile Satellite Ventures Subsidiary LLC, *Order and
    Authorization*, 20 FCC Rcd 479 (Int'l Bur. 2005) (*Mobile Satellite
    Ventures*).

[^47]: *Id.* at 482 (para. 8).

[^48]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at 10806
    (para. 113).

[^49]: *Mobile Satellite Ventures*, 20 FCC Rcd at 482 (para. 8).

[^50]: *See 1999 AfriSpace Authorization Order*, 15 FCC Rcd at 1637
    (para. 14).

[^51]: *See* Amendment to its Application for Authority to Construct,
    Launch, and Operate a Subregional Africa and Middle Eastern
    Satellite Sound Broadcasting Transmission System, File No.
    CSS-90-017, IBFS File No. SAT-AMD-19990125-00016 (filed January 25,
    1999), Attachment 2 at 1. The original AfriStar-1 service link
    antenna beams listed in the AfriStar-1 Application Amendment were
    designated AD, BD, and CD. Beam AD was aimed at northeastern Mali,
    beam BD was aimed at southeastern Sudan, and beam CD was aimed at
    northern Botswana. AfriSpace has since amended its ITU filing to
    show beams AD2, BD2, and CD2, which are aimed slightly to the east
    of the corresponding beams in its earlier filing.

[^52]: *See* AfriStar-1 Application Amendment, Attachment 2 at 3.
    AfriSpace stated that the carrier frequencies for its transparent
    mission are settable from 1453.844 MHz to 1490.644 MHz in steps of
    920 kHz, and the carrier frequencies for its processed mission are
    settable from 1453.384 MHz to 1490.184 MHz in steps of 920 kHz, and
    that it could select any center frequency in these ranges for
    transmission of a 3.68 MHz TDM carrier in any one of the downlink
    spotbeams. *See id.*

[^53]: AfriStar-2 Application, Exhibit A at 4.

[^54]: See <http://www.itu.int/ITU-R/software/space/gims/index.html> for
    a description of the GIMS software.

[^55]: *See supra*, note 8.

[^56]: It would be very difficult to design an L-band space station
    antenna that would have be able to serve an area visible from the
    orbital location of AfriStar-1 and attenuate its emissions
    sufficiently within the combined service area of AfriStar-1 so as
    not to cause unacceptable interference to the AfriStar-1 BSS (sound)
    network.

[^57]: AfriStar-2 Application, Exhibit C at 1.

[^58]: AfriStar-2 Application, Exhibit B at 2-3 (stating that the
    AfriStar-2 system will utilize a single L-band spot beam covering
    Europe, North Africa, and South Asia, that will broadcast two TDM
    carriers of approximately 2.6 MHz of bandwidth each).

[^59]: *See* International Telecommunication Union, *Final Acts of the
    World Administrative Radio Conference* (Malaga-Torremolinos, 1992)
    (*Final Acts*).

[^60]: *Final Acts* at 239.

[^61]: ITU Recommendation ITU-R F.1338, Threshold levels to determine
    the need to coordinate between particular systems in the
    broadcasting-satellite service (sound) in the
    geostationary-satellite orbit for space-to-Earth transmissions and
    the fixed service in the band 1452-1492 MHz (Question ITU-R 111/9)
    (1997).

[^62]: AfriStar-2 Application, Exhibit C at 3.

[^63]: AfriStar-2 Application, Exhibit E.

[^64]: 47 C.F.R. § 25.114.

[^65]: 47 C.F.R. § 25.210(c). Transponder saturation flux densities are
    a measure of a satellite\'s sensitivity or overall transponder gain.
    The higher the saturation flux density, the more potentially
    interfering is the uplink and the more resistant to interference.

[^66]: *See* Letter from Thomas S. Tycz, Chief, Satellite Division, FCC,
    to Brian Park, AfriSpace, Inc., File No. SAT-LOA-20040728-00150, DA
    05-601, dated March 4, 2005.

[^67]: *See* AfriStar-2 Application, Exhibit D at 4-5.

[^68]: *See* Visionstar, Inc., Application for Modification of Authority
    to Construct, Launch and Operate a Ka-Band Satellite System in the
    Fixed Satellite Service, *Memorandum Opinion and Order*, 19 FCC Rcd
    14820, 14826 (para. 15) (2004) *(citing WAIT Radio v. FCC*, 418 F.2d
    1153, 1157 (D.C. Cir. 1969)).

[^69]: *See* Amendment of Part 25 of the Commission's Rules and
    Regulations to Reduce Alien Carrier Interference Between
    Fixed-Satellites at Reduced Orbital Spacings and to Revise
    Application Processing Procedures for Satellite Communication
    Services, *Second Report and Order and Further Notice of Proposed
    Rulemaking*, CC Docket No. 86-496, 8 FCC Rcd 1316, 1317 and 1318
    (paras. 5 and 12) (1993) (*Alien Carrier Interference Second Report
    and Order*).

[^70]: *See Alien Carrier Interference Second Report and Order*, 8 FCC
    Rcd at 1318 (para. 12).

[^71]: We also note that AfriSpace will be the sole entity accessing the
    AfriStar-2 satellite, so that the underlying purpose of the rule to
    equalize the uplink power levels between carriers accessing adjacent
    transponders within the same satellite is not applicable in this
    instance.

[^72]: AfriStar-2 Application, Exhibit D at 4. Antenna diameter is
    important because it affects antenna gain, which reduces the earth
    station power requirement. Increasing the antenna diameter produces
    narrower main beams, which decreases the potential of unacceptable
    interference to adjacent satellites.

[^73]: *Id*.

[^74]: *Id*.

[^75]: *See* Applications of Intelsat LLC for Authority to Operate, and
    to Further Construct, Launch, and Operate C-band and Ku-band
    Satellites that Form a Global Communications System in Geostationary
    Orbit, *Memorandum Opinion and Order*, 15 FCC Rcd 15460, 15502-03
    (para. 107) (2000).

[^76]: AfriStar-2 Application, Exhibit B at 3-5. *See generally*
    Mitigation of Orbital Debris, *Second Report and Order*, IB Docket
    No. 02-54, 19 FCC Rcd 11567 (2004) (*Orbital Debris Second Report
    and Order*).

[^77]: AfriStar-2 Application, Exhibit B at 3.

[^78]: *Id*.

[^79]: *Id*.

[^80]: AfriStar-2 Application, Exhibit B at 4.

[^81]: *Id*.

[^82]: *Id*. Furthermore, once disposed to the storage orbit, the
    spacecraft battery trickle charges will be commanded off and all
    automatic battery charging sequences will be disabled. *See id.*

[^83]: *Id*.

[^84]: *Id*.

[^85]: *Id*.

[^86]: *Id*.

[^87]: *Id*.

[^88]: AfriStar-2 Application, Exhibit B at 4-5. The IADC formula for
    determining the minimum perigee altitude above GSO for disposal of
    GSO spacecraft is:

    235 km + (1000 C~r~ \* A/m), where

    C~r~ is the solar radiation pressure coefficient, and

    A/m is the aspect area (m^2^) to dry mass area.

[^89]: *Id.* at 5.

[^90]: *Id*.

[^91]: *Id*.

[^92]: *F**irst Space Station Licensing Reform Order*, 18 FCC Rcd at
    10826 (para. 170).

[^93]: Although AfriStar-2 is treated as NGSO-like for purposes of the
    selection of the appropriate space station licensing procedure, the
    application of the Commission's milestone and bond requirements
    depend on the actual physical nature of the space station, not on
    the ability of the space station to share spectrum with other
    licensees.

[^94]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at 10826
    (para. 170).

[^95]: *Id.* at 10826-27 (para. 172).

[^96]: AfriStar-2 Application, Exhibit D at 1.

[^97]: *Id*.

[^98]: *Id*.

[^99]: See *supra*, Part III.A.1.

[^100]: AfriStar-2 Application, Exhibit D at 1.

[^101]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at
    10826 (para. 167).

[^102]: See *supra*, Part III.A.2.

[^103]: AfriSpace also argues that a bond is not necessary because it
    has every incentive to launch AfriStar-2 as soon as possible due to
    the increasingly degraded state of AfriStar-1, *see* AfriStar-2
    Application, Exhibit D at 1, and because AfriSpace is providing
    public safety services, which the Commission has previously stated
    could warrant waiver of the bond requirement, *see* AfriStar-2
    Application, Exhibit D at 3, citing *First Space Station Reform
    Order*, 18 FCC Rcd at 10825 (para. 169).

[^104]: 47 C.F.R. § 25.164.

[^105]: *See* Ondas Petition to Deny, *supra* note 22.

[^106]: In addition to these principal arguments, Ondas also argues that
    AfriStar-2 is not a replacement satellite under the Commission's
    rules. We concur, as discussed in Part III.A.1 of this Order.
    Although we agree with Ondas on this point, the fact that AfriStar-2
    does qualify as not a replacement satellite under the Commission's
    rules does not constitute a basis for denying AfriSpace's
    application altogether.

[^107]: *See* Ondas Petition to Deny at 4.

[^108]: *Id*.

[^109]: AfriStar-2 Application, Exhibit A at 3, 14-15.

[^110]: For example, AfriSpace notes that its affiliate, WorldSpace UK
    Ltd., is already licensed in the United Kingdom to serve customers
    using the AfriStar-1 satellite. *See* AfriSpace Opposition at 4,
    n.9.

[^111]: *Id.* at 8.

[^112]: *See* Rancy Letter at 1.