Before the

Federal Communications Commission

# Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of Application of  | * | File Nos. 26/27/28‑DSS‑P‑94  |
|                                  | * |                              |
| **Celsat America, Inc.**         | ) | 36-SAT-AMEND-95              |
|                                  | * |                              |
| Concerning Use of the            | * | 65/66/67-SAT-AMEND-96        |
|                                  |   |                              |
| 1990-2025/2165-2200 MHz and      | * | 192-SAT-AMEND-97             |
|                                  | * |                              |
| Associated Frequency Bands       | ) | 88-SAT-AMEND-98              |
|                                  | * |                              |
| for a Mobile-Satellite System    | * | IBFS Nos.                    |
|                                  |   | SAT-A/O-19940408-00016/17/18 |
|                                  | * |                              |
|                                  | * | SAT-AMD-19941125-00089       |
|                                  | ) |                              |
|                                  | * | SAT-AMD-19960124-00007/8/9   |
|                                  | * |                              |
|                                  |   | SAT-AMD-19970925-00124       |
|                                  | * |                              |
|                                  | * | SAT‑AMD‑19980113‑00009       |
|                                  | ) |                              |
|                                  | * | SAT-AMD-20001103-00153       |
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+----------------------------------+---+------------------------------+

# ORDER AND AUTHORIZATION

**Adopted:** July 17, 2001 **Released:** July 17, 2001

By the Chief, International Bureau:

# I. INTRODUCTION

1.  By this *Order*, we grant the request of Celsat America, Inc.
    (Celsat) (formerly Celsat, Inc.) for the use of spectrum in the 2
    GHz band for provision of Mobile-Satellite Service (MSS).[^1] This
    action is a significant step in assigning this spectrum for use by
    MSS providers, and facilitates implementation of Celsat's proposed
    system's technology and service offerings in the marketplace.

**II. BACKGROUND**

2.  Celsat proposes to construct and launch a mobile-satellite system to
    serve the United States operating in the geostationary-satellite
    orbit (GSO), using service links[^2] in the 2 GHz MSS band and
    feeder links[^3] in the Ka‑band.[^4] Specifically, Celsat requests
    to operate its 2 GHz MSS service links at either (i) the orbital
    slot located at 95° W.L. with 850 megahertz each of uplink and
    downlink feeder link spectrum in the Ka-band (the "one-satellite
    scenario"); or, in the alternative, (ii) the orbital slots located
    at 83° W.L. and at 121° W.L. with 500 megahertz each of uplink and
    downlink feeder link spectrum in the Ka-band (the "two-satellite
    scenario").[^5]

3.  Initially, Celsat submitted its 2 GHz MSS application on April 8,
    1994, proposing a system of three GSO satellites that would operate
    service links in the 2 GHz MSS bands and feeder links in the
    10.7‑10.95 GHz and 12.75-13.00 GHz bands.[^6] After the Commission
    allocated the 2 GHz bands to MSS in the United States,[^7] we issued
    a Public Notice establishing a cut-off date for additional
    applications to provide 2 GHz MSS.[^8] Celsat amended its
    application twice before we sought comment on the 2 GHz MSS filings,
    reducing the number of space stations to one GSO satellite, and
    proposing to use Ka-band spectrum allocated to the GSO
    fixed-satellite service (FSS) for feeder link operations.[^9] On
    March 19, 1998, we sought comment on Celsat's application, as
    amended, along with other 2 GHz MSS applications.[^10] The
    Commission subsequently adopted service rules for 2 GHz MSS
    systems.[^11] Celsat amended its application once more to address
    the requirements adopted in the *2 GHz MSS Order*.[^12]

4.  In connection with its application, Celsat also has asked us to
    waive the following rules and policies:[^13] (i) financial
    qualifications; (ii) two orbital location limit; (iii) and footnote
    NG104 to the Table of Frequency Allocations.[^14]

# III. DISCUSSION

5.  Under rules adopted in the Commission's *2 GHz MSS Order*, Celsat
    must demonstrate that its system meets certain technical
    requirements. We address these requirements first. We then turn to
    Celsat's requests for service links in the 2 GHz MSS band and feeder
    links in the Ka-band frequencies, followed by a review of Celsat's
    licensing conditions, implementation milestones, and orbital debris
    mitigation strategy. Finally, we dispose of various parties'
    arguments against granting Celsat's application and Celsat's pending
    waiver requests.

###### A. Threshold Technical Requirements

**1. Frequency Agility**

6.  Under the Commission's service rules and policies, 2 GHz MSS systems
    must be capable of operating across at least seventy percent of the
    United States' 2 GHz MSS allocation in the 1990-2025 MHz and
    2165-2200 MHz bands.[^15] The Commission also requires that 2 GHz
    MSS systems be capable of operating without fixed frequency
    translations between the uplink and downlink frequencies.[^16]
    Celsat's proposed 2 GHz MSS system meets these requirements.[^17]

**2. GSO Coverage Requirements**

7.  Under the Commission's rules, GSO 2 GHz MSS systems must be capable
    of providing continuous coverage throughout all 50 states, Puerto
    Rico and U.S. Virgin Islands, if technically feasible.[^18] Celsat's
    proposed system meets these requirements under either the
    one-satellite or two-satellite scenarios.

###### B. Service-Link Spectrum

8.  The *2 GHz MSS Order* adopted a hybrid band arrangement that divided
    the 2 GHz MSS uplink (1990-2025 MHz) and downlink (2165-2200 MHz)
    bands into segments of equal bandwidth based on the number of
    systems seeking assignments.[^19] The Commission determined that
    providing 3.5 megahertz in each direction for the nine then-pending
    system proponents would be sufficient to commence operations.[^20]
    The Commission provided that, in the event not all system proponents
    proceed toward authorization, the remaining system proponents would
    receive more than 3.5 megahertz of spectrum in each direction upon
    authorization.[^21] In addition, the Commission reserved one
    additional spectrum segment in each direction for expansion of
    system(s) by operator(s) meeting certain criteria for service to
    unserved areas.[^22] The following formula expresses the amount of
    spectrum available for each system in each direction of
    transmission:

35 megahertz ÷ (Number of System Proponents + One) = Size of Each
Spectrum Segment[^23]

There are currently eight 2 GHz MSS system proponents participating in
this processing round.[^24] We will not at this time, however, implement
that portion of the Commission's *2 GHz MSS Order* that would give each
system proponent access to more than 3.5 megahertz of spectrum in each
direction on a primary basis. Subsequent to release of the *2 GHz MSS
Order*, the Commission has received new proposals for use of the 2 GHz
MSS bands.[^25] Delaying the designation of additional spectrum will
give the Commission the opportunity to consider these proposals.
Therefore, in this *Order*, Celsat will receive access to a spectrum
segment of 3.5 megahertz, in each direction of transmission, on a
primary basis, *i.e.*, a "Selected Assignment."[^26] Celsat will choose
its Selected Assignment such that the band edge of the assignment is an
integer multiple of 3.88 megahertz from the band edge of the 2 GHz MSS
band, which will allow the Commission to address the proposals before
it.

9.  Celsat must identify the specific frequencies of its Selected
    Assignment when the first satellite in its system reaches its
    intended orbit, and notify the Commission in writing of its
    selection.[^27] Consistent with the *2 GHz MSS Order*, Celsat may
    also elect to operate outside its Selected Assignment on a secondary
    basis with respect to other 2 GHz MSS operators, subject to certain
    conditions.[^28]

###### C. Feeder Links

10. Celsat proposes feeder link operations for one satellite in 850
    megahertz of spectrum in the 27.5-31.0 GHz band and 850 megahertz of
    spectrum in the 17.7-20.2 GHz band.[^29] In the alternative, Celsat
    proposes feeder link operations for two satellites in 500 megahertz
    of spectrum in the 27.5-31.0 GHz band and 500 megahertz of spectrum
    in the 17.7-20.2 GHz band.[^30] As stated in the *2 GHz MSS Order*,
    the orbital location of Celsat's satellite(s), and resulting
    authorization of frequencies for feeder links, are being resolved in
    the context of the pending Ka-band second processing round, and
    therefore, we will not discuss further Celsat's feeder link request
    in this *Order*.[^31] Consequently, the final decision as to whether
    Celsat will need to deploy its 2 GHz MSS system under either the
    one-satellite scenario or the two-satellite scenario will be
    addressed as a result of the disposition of the Ka-band orbit
    assignment plan.

###### D. Pre-operational Authority

11. Under Commission rules, the fifteen-year license term for a 2 GHz
    MSS system begins upon a certification by the system operator that
    the first satellite in its system has begun operations consistent
    with the terms and conditions specified in its authorization.[^32]
    The Commission indicated in the *2 GHz MSS Order* that it would
    "authorize system operators to conduct pre-operational testing in
    the license grant, to the extent that applicants include such
    information in their applications."[^33] Celsat did not request such
    authority. Accordingly, this authorization does not include
    authority for operations except at the orbit location(s) and on the
    frequencies specified in the application, as amended. Authority for
    any other radio transmissions in any frequency or orbit location
    will need to be obtained by filing a request for a license
    modification or special temporary authorization, as appropriate.

###### E. Regulatory Classification

12. Celsat states that it will operate its 2 GHz MSS satellite
    operations on a non-common carrier basis.[^34] Under the
    Communications Act, Commission Rules, and consistent with our *2 GHz
    MSS Order*, we treat Celsat's space station operations as non-common
    carrier.[^35] We will address the regulatory classification of earth
    stations operating as part of Celsat's system in connection with
    earth station licensing.[^36]

###### F. Implementation Milestones

13. The *2 GHz MSS Order* adopted milestones for implementation that
    apply to 2 GHz MSS systems.[^37] Consistent with the *2 GHz MSS
    Order*, therefore, Celsat must observe the following milestone
    requirements:

+-----------------------------------------+----------------------------+
| ###### Milestone                        | **Deadline**[^38]          |
+-----------------------------------------+----------------------------+
| Enter Non-contingent Satellite          | 12 months after            |
| Manufacturing Contract                  | authorization              |
+-----------------------------------------+----------------------------+
| Complete Critical Design Review (CDR)   | 24 months after            |
|                                         | authorization              |
+-----------------------------------------+----------------------------+
| Begin Physical Construction of All      | 36 months after            |
| Satellites                              | authorization              |
+-----------------------------------------+----------------------------+
| Complete Construction of One Satellite  | 60 months after            |
| and Launch It Into Its Assigned Orbital | authorization              |
| Location                                |                            |
+-----------------------------------------+----------------------------+
| Certify Entire System Operational       | 72 months after            |
|                                         | authorization              |
+-----------------------------------------+----------------------------+

14. Celsat must describe the status of system construction and operation
    in its annual reports, and file a certification with the Commission
    within ten days following each of the milestones specified
    above.[^39]

###### G. Orbital Debris Mitigation

15. Currently, the FCC addresses issues regarding orbital debris and
    satellite systems on a case-by-case basis, under the general "public
    interest, convenience and necessity" standard in the Communications
    Act.[^40] To facilitate our orbital debris analysis, under Section
    25.143(b)(1) of our rules, 2 GHz MSS system proponents are required
    to "describe the design and operational strategies that they will
    use, if any, to mitigate orbital debris."[^41] This rule also
    requires 2 GHz MSS system proponents to "submit a casualty risk
    assessment if planned post-mission disposal involves atmospheric
    re-entry of the spacecraft."[^42]

16. In adopting this requirement, the Commission indicated that
    applicants may wish to consult the National Aeronautics & Space
    Administration (NASA)/Department of Defense (DoD) Guidelines on
    Debris Mitigation, as well as the International Telecommunication
    Union (ITU) Recommendation on disposal of geostationary
    satellites.[^43] The NASA/DoD Guidelines identify four main
    objectives: 1) controlling debris released during normal
    operations; 2) minimizing debris generated by accidental
    explosions; 3) selecting safe flight profiles and operational
    configurations; and 4) providing for post-mission disposal of space
    structures.

17. Under the NASA/DoD Guidelines, these objectives are accomplished by
    a number of means.[^44] The first objective -- controlling debris
    released during normal operations -- is addressed by minimizing the
    amount of debris released in a planned manner during normal
    operations. The second objective -- minimizing debris generated by
    accidental explosions -- is addressed by limiting the risk to other
    space systems from accidental explosions both during mission
    operations and after completion of mission operations. For mission
    operations, this is accomplished through analysis of credible
    failure modes and development of methods to limit the probability
    they will occur. Post-mission, this is accomplished through
    depletion of all sources of stored energy on board the spacecraft
    when they are no longer required for mission operations or
    post-mission disposal. The third objective -- selecting a safe
    flight profile and operational configuration -- is addressed through
    estimating and limiting the probability of collision with large
    objects during orbital lifetime, and the probability of disabling
    collisions with small debris during mission operations.

18. The fourth objective in the NASA/DoD Guidelines -- providing for
    post-mission disposal of space structures -- is met by planning for
    disposal of a spacecraft at the end of mission life to minimize
    impact on future space operations. This is accomplished through one
    of two options relevant here. The first option is atmospheric
    reentry, *i.e.*, leaving the structure in an orbit in which it will
    remain in orbit for no longer than 25 years after mission
    completion. Under this option, it is also necessary to address the
    casualty risk from any portions of the spacecraft that may survive
    atmospheric reentry. The second option is maneuvering to a storage
    orbit. There are three suggested storage orbits. The first is
    between low and middle Earth orbit, *i.e.*, satellite perigee
    altitude above 2,000 kilometers and apogee altitude below 19,700
    kilometers. The second is between middle and geosynchronous Earth
    orbit, *i.e.*, perigee altitude above 20,700 kilometers and apogee
    altitude below 35,300 kilometers. The third is above geosynchronous
    Earth orbit, *i.e.*, perigee altitude above 36,100 kilometers (or
    approximately 300 kilometers above geosynchronous altitude). In
    addition to the NASA/DoD guidelines, and as the Commission observed
    in the *2 GHz MSS Order*,[^45] the ITU has developed a
    recommendation concerning operations in the GSO.[^46]

19. Each of the 2 GHz MSS systems submitted a narrative statement
    concerning orbital debris mitigation. We note that, to the extent
    that the statements address debris mitigation issues involving
    launch vehicle operations, we have neither reviewed nor concluded
    the plans disclosed are appropriate.[^47] We also note that, to the
    extent debris mitigation plans for MSS systems change, the system
    proponents should evaluate those changes to determine whether
    disclosure and/or prior approval is required.[^48]

20. In its Conforming Amendment, Celsat addressed orbital debris
    mitigation issues pertinent to operations, including debris release
    and accidental explosions.[^49] Specifically, Celsat indicates that
    it will minimize the probability of accidental explosions via "safe
    margins on pressure vessels such as battery shells and propellant
    tanks to preclude the possibility of rupture during the launch and
    on-orbit life of the satellite."[^50] However, Celsat did not
    address limiting the probability of collision with large, known
    objects during satellite orbital lifetime. We expect Celsat and
    other 2 GHz MSS systems to develop appropriate operational plans and
    procedures to minimize the possibility of collision with large,
    known objects.[^51]

21. Celsat also addressed end-of-mission orbital debris mitigation
    issues including defining a system disposal strategy and depletion
    of stored energy sources. However, in order to permit assessment of
    Celsat's disposal plan and provide adequate information for
    potentially effected parties, we require Celsat to supplement its
    narrative statement by providing greater specificity regarding the
    storage orbit parameters selected for post-mission satellite
    disposal. This information should be submitted no later than six
    months prior to the CDR milestone. We also note that this *Order*
    does not authorize the relocation of operational satellites to
    storage orbits at end-of-life. Such authorization will need to be
    obtained through a request for modification of Celsat's license.

###### H. Other Issues

22. *Timing of Licensing*. AT&T Wireless Services, Inc., Cingular
    Wireless LLC, Sprint PCS, and Verizon Wireless (Wireless Carriers)
    in a recent joint letter requested the Commission to defer grant of
    the pending 2 GHz MSS applications until (1) public comment is
    sought and received on the implications of New ICO Global
    Communications (Holdings) Ltd.'s (ICO's) March 8, 2001 *ex parte*
    letter proposing amendment of the 2 GHz MSS service rules to permit
    licensees to incorporate an "ancillary terrestrial component" into
    their 2 GHz MSS networks; and (2) the Commission considers a
    petition for rule making submitted by the Cellular
    Telecommunications & Internet Association (CTIA) requesting that the
    2 GHz MSS bands be reallocated for other uses, such as terrestrial
    wireless services.[^52] For the reasons set forth in the ICO *Order*
    issued contemporaneously with this *Order and Authorization*, we
    deny the Wireless Carriers' request to defer action on the 2 GHz MSS
    applications.[^53]

23. *Petitions to Deny*. The Boeing Company (Boeing) and Mobile
    Communications Holdings, Inc. (MCHI) filed Petitions to Deny
    Celsat's application, on the ground that Celsat seeks to use large
    blocks of globally allocated MSS spectrum exclusively for
    regional-only operations.[^54] The Commission's *2 GHz MSS Order*
    addressed this concern, stating that all 2 GHz MSS applicants will
    be permitted to operate anywhere in the 2 GHz MSS bands, as the most
    equitable mechanism for assigning the available spectrum in light of
    the incumbent relocation process.[^55] We therefore deny Boeing's
    and MCHI's Petitions to Deny Celsat's application.

24. *Celsat's Petition for Waiver*. When Celsat filed its initial
    application in April 1994, proposing a three-satellite system
    operating with feeder links in the 10.7-10.95 and 12.75-13.00 GHz
    bands, it submitted a Petition for Waiver seeking waiver of (i) any
    relevant financial qualification rules; (ii) the domestic FSS policy
    limiting providers to only two orbit locations capable of 50 state
    coverage;[^56] and (iii) footnote NG104 to the Table of Frequency
    Allocations, limiting FSS use of the 10.7-11.7 GHz and 12.75-13.25
    GHz bands to international systems.[^57] Commission actions in the
    *2 GHz MSS Order* and Celsat's subsequent amendments to its original
    application have overtaken the need for these requests, as
    follows: (i) the Commission did not impose financial qualification
    for the current 2 GHz MSS processing round;[^58] (ii) under either
    of Celsat's current scenarios, it is seeking authority to launch a
    maximum of two satellites; and (iii) Celsat has changed its proposed
    feeder link frequencies from the 10.7-10.95 and 12.75-13.00 GHz
    bands to the Ka-band. Therefore, we dismiss Celsat's Petition for
    Waiver as moot.

# IV. ORDERING CLAUSES

25. Accordingly, IT IS ORDERED that the Application File Nos.
    26/27/28‑DSS‑P‑94, 36‑SAT-AMEND-95, 65/66/67-SAT-AMEND-96, and
    192-SAT-AMEND-97; IBFS Nos. SAT-A/O-19940408-00016/17/18,
    SAT-AMD-19941125-00089, SAT-AMD-19960124-00007/8/9,
    SAT-AMD-19970925-00124, and SAT-AMD-20001103-00153 IS GRANTED to the
    extent indicated herein and Celsat America, Inc. IS AUTHORIZED to
    construct, launch and operate its proposed mobile-satellite system
    to provide service in the United States in the 1990‑2025 MHz and
    2165-2200 MHz frequency bands, in accordance with the technical
    specifications set forth in its application, as amended, and the
    conditions set forth in the preceding paragraphs and consistent with
    our rules, unless specifically waived herein, and subject to the
    following conditions:

    a.  Celsat America, Inc. must choose a Selected Assignment in the
        1990-2025 MHz and 2165‑2200 MHz frequency bands upon launch of
        one satellite into its authorized satellite orbit location, and
        commencement of operations by that satellite.

    b.  The Selected Assignment shall give Celsat America, Inc. access
        to 3.5 megahertz in each direction of transmission on a primary
        basis;

    c.  The Selected Assignment shall be chosen such that the band edge
        of the assignment is an integer multiple of 3.88 megahertz from
        the band edge of the 2 GHz MSS band; and

    d.  Operations in frequencies in these bands outside the Selected
        Assignment shall be on a secondary basis to operations of other
        2 GHz MSS systems.

26. IT IS FURTHER ORDERED that action on the orbital location(s) and
    feeder link requests contained in Application File Nos.
    192-SAT-AMEND-97 and 88-SAT-AMEND-98; IBFS Nos.
    SAT-AMD-19970925-00124, SAT‑AMD‑19980113‑00009, and
    SAT-AMD-20001103-00153 is DEFERRED as indicated herein.

27. IT IS FURTHER ORDERED that this authorization shall become NULL and
    VOID with no further action required on the Commission's part in the
    event the space station is not constructed, launched and placed into
    operation in accordance with the technical parameters and terms and
    conditions of the authorization by the following dates:

+-------------------------------------------------------+--------------+
| **Milestone**                                         | # Deadline   |
+-------------------------------------------------------+--------------+
| Enter Non-contingent Satellite Manufacturing Contract | July 17,     |
|                                                       | 2002         |
+-------------------------------------------------------+--------------+
| Complete Critical Design Review                       | July 17,     |
|                                                       | 2003         |
+-------------------------------------------------------+--------------+
| Begin Physical Construction of All Satellites         | July 17,     |
|                                                       | 2004         |
+-------------------------------------------------------+--------------+
| Complete Construction of One Satellite                | July 17,     |
|                                                       | 2006         |
| and Launch It Into Its Assigned Orbital Location      |              |
+-------------------------------------------------------+--------------+
| Certify Entire System Operational                     | July 17,     |
|                                                       | 2007         |
+-------------------------------------------------------+--------------+

28. IT IS FURTHER ORDERED that the Petition to Deny or Hold in Abeyance
    of The Boeing Company (filed May 4, 1998), and the Petition to Deny
    of Mobile Communications Holdings, Inc. (filed May 4, 1998) ARE
    DENIED.

29. IT IS FURTHER ORDERED that Celsat Inc.'s Petition for Waiver (filed
    April 4, 1994) IS DISMISSED as moot.

30. IT IS FURTHER ORDERED that Celsat America, Inc. will prepare any
    necessary submissions to the International Telecommunication Union
    (ITU) to initiate and complete the advance publication,
    international coordination, and notification process for the space
    station(s) authorized by this *Order*, in accordance with the ITU
    Radio Regulations. No protection from interference caused by radio
    stations authorized by other Administrations is guaranteed unless
    coordination 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 the subject of additional terms and
    conditions as required to effect coordination of the frequency
    assignments of other Administrations. 47 C.F.R. § 25.111(b).

31. IT IS FURTHER ORDERED that this *Order* is subject to change by
    summary order of the Commission on 30 days' notice and does not
    confer any permanent right to use the spectrum.

32. IT IS FURTHER ORDERED that Celsat America, Inc. may decline this
    authorization as conditioned within 30 days of the date of the
    release of this *Order and Authorization*. Failure to respond within
    that period will constitute formal acceptance of the authorization
    as conditioned.

33. This *Order and Authorization* is issued pursuant to Section 0.261
    of the Commission's rules on delegations of authority, 47 C.F.R. §
    0.261, and is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

######  Donald Abelson

Chief, International Bureau

**APPENDIX A**

####### LIST OF PLEADINGS ADDRESSING CELSAT'S APPLICATION

#######  AND CONFORMING AMENDMENT

**[Filed May 4, 1998]{.underline}**

Petition to Deny or Hold in Abeyance of The Boeing Company

Comments of Celsat America, Inc.

Comments of Constellation Communications, Inc. at 21

Consolidated Comments and Petition to Deny of Iridium LLC at 9-10

Petitions to Deny and Comments of Mobile Communications Holdings, Inc.
at 16

Comments of Bell Atlantic (limited to feeder link issues)

Consolidated Petition to Deny, Petition to Defer, and Comments of

GE American Communications, Inc. at 4-6 (limited to feeder link issues)

Comments of Hughes Communications Galaxy, Inc. (limited to feeder link
issues)

Comments of Lockheed Martin Corporation (limited to feeder link issues)

Comments of PanAmSat Corporation (limited to feeder link issues)

Comments of the Fixed Point-to-Point Communications Section, Wireless
Telecommunications

Division, Telecommunications Industry Association (limited to feeder
link issues)

Comments of Teledesic LLC (limited to feeder link issues)

Comments of Wireless Communications Association International, Inc.

Comments of Ericsson Inc. in support of Celsat, Inc.

Comments of North American GSM Alliance LLC

**[Filed June 3, 1998]{.underline}**

Consolidated Replies and Oppositions of Celsat America, Inc.

Consolidated Reply Comments of Mobile Communications Holdings, Inc. at
17

Reply Comments of North American GSM Alliance LLC

**[Filed June 18, 1998]{.underline}**

Consolidated Reply of The Boeing Company

Consolidated Response of Celsat America, Inc.

Reply of Hughes Communications Galaxy, Inc. (limited to feeder link
issues)

Consolidated Reply of Iridium LLC at 9-10

Consolidated Reply Comments of North American GSM Alliance LLC

Reply of GE American Communications, Inc. at 3-4 (limited to feeder link
issues)

Response of PanAmSat Corporation (limited to feeder link issues)

Response of Wireless Communications Association International, Inc. at 4

######## Filed December 14, 2000

Consolidated Petition to Deny of PanAmSat Corporation at 4 (limited to
feeder link issues)

**[Filed January 16, 2001]{.underline}**

Opposition of Celsat America, Inc.

[^1]: ^?^ The term "2 GHz MSS Band" is used in this *Order* to refer to
    the 1990-2025 MHz (uplink) and 2165-2200 MHz (downlink) frequencies.
    These frequencies are allocated to the Mobile-Satellite Service
    (MSS) in the United States. *See Amendment of Section 2.106 of the
    Commission\'s Rules to Allocate Spectrum at 2 GHz for Use by the
    Mobile-Satellite Service*, ET Docket No. 95-18, First Report and
    Order and Further Notice of Proposed Rule Making, 12 FCC Rcd 7388
    (1997), *aff'd on recon*., Memorandum Opinion and Order and Third
    Notice of Proposed Rule Making and Order, 13 FCC Rcd 23949 (1998),
    *further proceedings*, Second Report And Order and Second Memorandum
    Opinion and Order, 15 FCC Rcd 12315 (2000) (*2 GHz Allocation &
    Relocation Proceeding*).

[^2]: ^?^ "Service links" are the radio links that transmit a user's
    messages in both directions between a user's earth terminal and the
    system's satellite(s).

[^3]: ^?^ "Feeder links" are the radio links that transmit a user's
    messages in both directions between the system's satellite(s) and
    its gateway earth station(s), connecting the MSS network with the
    public switched telephone network.

[^4]: ^?^ The "Ka-band" refers to the Earth-to-space (uplink)
    frequencies at 27.5-30.0 GHz and the corresponding space-to-Earth
    (downlink) frequencies at 17.7-20.2 GHz.

[^5]: ^?^ Amendment to Application of Celsat America, Inc., File No.
    SAT-AMD-20001103-00153, at 2-3 (Conforming Amendment).

[^6]: ^?^ Application of Celsat, Inc., File No. 26/27/28‑DSS‑P‑94, IBFS
    No. SAT-A/O-19940408-00016/17/18 (Celsat Application), *amended*,
    File No. 36-SAT-AMEND-95, IBFS No. SAT-AMD-19941125-00089 (reporting
    transfer of control of Celsat, Inc. to Celsat America, Inc.),
    *further amended*, File No. 65/66/67-SAT-AMEND-96, IBFS No.
    SAT-AMD-19960124-00007/8/9 (reporting *pro forma* ownership
    changes).

[^7]: ^?^ *See 2 GHz Allocation & Relocation Proceeding*, First Report
    and Order and Further Notice of Proposed Rule Making, 12 FCC Rcd
    7388.

[^8]: ^?^ Public Notice, Report No. SPB-88, 12 FCC Rcd 10446 (1997)
    (establishing cut-off date of August 21, 1997); Public Notice,
    Report No. SPB-95, 12 FCC Rcd 12050 (1997) (extending cut-off date
    to September 5, 1997); Public Notice, Report No. SPB-99 (rel.
    September 4, 1997) (extending cut-off date to September 26, 1997).
    In this document, the term "applicant" and "application" refers to
    all parties, and their submissions, seeking to operate 2 GHz MSS
    systems, whether they are applicants for U.S.-licensed systems or
    letter of intent filers from non-U.S. licensed systems seeking to
    serve the U.S. market using 2 GHz MSS spectrum.

[^9]: ^?^ Amendment to Application of Celsat America, Inc., File No.
    192-SAT-AMEND-97, IBFS No. SAT-AMD-19970925-00124; Amendment to
    Application of Celsat America, Inc., File No. 88-SAT-AMEND-98; IBFS
    No. SAT-AMD-19980113-00009.

[^10]: ^?^ *See* Public Notice, Report No. SPB-119 (rel., March 19,
    1998). In response to this Public Notice, 15 comments, 3 reply
    comments, and 7 responses were filed specifically addressing
    Celsat's application. A list of pleadings is attached in Appendix A.

[^11]: ^?^ *The Establishment of Policies and Service Rules for the
    Mobile Satellite Service in the 2 GHz Band*, IB Docket No. 99-81,
    Report and Order, 15 FCC Rcd 16127 (2000) (*2 GHz MSS Order*).

[^12]: ^?^ Conforming Amendment, footnote 5, *supra*. *See* Public
    Notice, Report No. SAT-00061 (rel. November 29, 2000) (*2 GHz MSS
    Amendment PN*). PanAmSat Corporation filed a Petition to Deny
    Celsat's Conforming Amendment, to which Celsat replied. These
    pleadings are listed in Appendix A.

[^13]: ^?^ Celsat Petition for Waiver (filed April 4, 1994).

[^14]: ^?^ A Request for Waiver of application fees, filed September 25,
    1997 pursuant to Section 1.1117 of the Commission's Rules, 47 C.F.R.
    § 1.1117, will be addressed separately by the Commission's Office of
    Managing Director. The Managing Director is responsible for
    decisions associated with the fee collection process.

[^15]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16152 ¶ 52.

[^16]: ^?^ *Id.* at ¶ 53.

[^17]: ^?^ Conforming Amendment at 2.

[^18]: ^?^ 47 C.F.R. § 25.143(b)(2)(iv).

[^19]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16138 ¶ 16.

[^20]: ^?^ *Id.* at 16139 ¶ 17.

[^21]: ^?^ *Id.*

[^22]: ^?^ *Id.* at 16146-47 ¶¶ 35-39.

[^23]: ^?^ *Id.* at 16138 ¶ 16.

[^24]: ^?^ *See 2 GHz MSS Amendment PN*, Report No. SAT-00061.

[^25]: ^?^ *See Ex parte* Letter of New ICO Global Communications
    (Holdings) Ltd., IB Docket No. 99-81 (dated March 8, 2001) (ICO *Ex
    Parte* Letter); Petition for Rulemaking of the Cellular
    Telecommunications & Internet Association (filed May 18, 2001) (CTIA
    Petition).

[^26]: ^?^ Systems must be implemented consistent with the plans for
    incumbent relocation adopted in the *2 GHz Allocation & Relocation
    Proceeding*, Second Report And Order and Second Memorandum Opinion
    and Order, 15 FCC Rcd 12315, including the phased plan for
    relocation in the 1990‑2025 MHz band.

[^27]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16138 ¶ 16. A satellite's
    intended orbit is the final orbit it will occupy to provide
    commercial service. *Id.* n.75.

[^28]: ^?^ *Id.* at 16139-40 ¶ 19. The 1990-2025 MHz (Earth-to-space)
    and 2165-2200 MHz (space-to-Earth) bands are immediately adjacent to
    the 2025-2110 MHz (Earth-to-space, space-to-space) and 2200-2290 MHz
    (space-to-Earth, space-to-space) bands, respectively, where the
    Federal Government has extensive satellite network operations. To
    avoid the possibility of adjacent band interference, this potential
    interference situation needs to be considered by both non-Government
    and Government satellite operators when implementing their
    respective satellite systems near the band edges.

[^29]: ^?^ Conforming Amendment at 2-3.

[^30]: ^?^ *Id.* at 3.

[^31]: ^?^ *See 2 GHz MSS Order*, 15 FCC Rcd at 16168 ¶ 84. *See also*
    Public Notice, Report No. SAT-00012, at 2 (rel. March 16, 1999)
    (accepting Celsat's feeder link request as part of the second
    Ka-band processing round).

[^32]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16175-76 ¶ 103; 47 C.F.R. §
    25.121(a) ("Licenses for facilities governed by this part will be
    issued for a period of 10 years, except that licenses and
    authorizations in the 2 GHz Mobile-Satellite Service will be issued
    for a period of 15 years.").

[^33]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16176 ¶ 103.

[^34]: ^?^ Celsat Application at 50.

[^35]: ^?^ 47 U.S.C. §§ 153(44), 332(c)(5); 47 C.F.R. § 20.9(a)(10); *2
    GHz MSS Order*, 15 FCC Rcd at 16173 ¶ 95.

[^36]: ^?^ We also note that the Commission will address issues
    concerning protection for aeronautical radionavigation in the
    1559-1610 MHz band from the out-of-band emissions of 2 GHz MSS
    mobile earth terminals (METs) in the pending Global Mobile Personal
    Communications by Satellite (GMPCS) rulemaking, and the 2 GHz MSS
    METs will be subject to applicable rules and policies the Commission
    will adopt in that proceeding. *2 GHz MSS Order*, 15 FCC Rcd at
    16196-97 ¶ 163 (citing *Amendment of Parts 2 and 25 to Implement the
    Global Mobile Personal Communications by Satellite (GMPCS)
    Memorandum of Understanding and Arrangements*, IB Docket No. 99-67,
    Notice of Proposed Rule Making, 14 FCC Rcd 5871 (1999)).

[^37]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16177-78 ¶ 106.

[^38]: ^?^ To the extent that the milestone schedule for Ka-band
    licenses may differ from the schedule imposed by this *Order*, we
    will address those differences in connection with any authorization
    of Ka-band spectrum.

[^39]: ^?^ *See* 47 C.F.R. § 25.143(e)(1) (requiring satellite
    space-station operators to file annual reports with the Commission
    every October 15); *Id.* § 25.143(e)(3) (requiring satellite
    space-station operators to file a certification with the Commission
    within 10 days of a system implementation milestone).

[^40]: ^?^ 47 U.S.C. § 303.

[^41]: ^?^ 47 C.F.R. § 25.143(b)(1), as amended by the *2 GHz MSS
    Order*, 15 FCC Rcd at 16205. The Commission also stated that it
    intends to commence a rulemaking proceeding proposing to explore
    orbital debris mitigation issues. *2 GHz MSS Order*, 15 FCC Rcd at
    16188 ¶ 138.

[^42]: ^?^ 47 C.F.R. § 25.143(b)(1), as amended by the *2 GHz MSS
    Order*, 15 FCC Rcd at 16205.

[^43]: ^?^ *See 2 GHz MSS Order*, 15 FCC Rcd at 16118 ¶ 138.

[^44]: ^?^ *See The Establishment of Policies and Service Rules for the
    Mobile Satellite Service in the 2 GHz Band*, IB Docket No. 99-81, 14
    FCC Rcd 4843, 4901-03 (1999) (Appendix C).

[^45]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16118 ¶ 138.

[^46]: ^?^ Recommendation ITU-R S.1003. The recommendation suggests, in
    pertinent part, that a geostationary satellite at the end of its
    life should be transferred before complete exhaustion of its
    propellant, to a "supersynchronous graveyard orbit that does not
    intersect the GSO," with GSO defined as the mean earth radius of
    42,164 kilometers plus or minus 300 kilometers. The recommendation
    also notes that what constitutes "an effective graveyard orbit"
    requires further studies. In this regard, we note that orbital
    perturbations due to solar and lunar gravitation, solar pressure, or
    other sources, may, over time, result in an inactive satellite's
    orbit intersecting the GSO, as defined by the ITU recommendation,
    even if the initial disposal altitude does not intersect the GSO.

[^47]: ^?^ The United States licensing authority for commercial launches
    is the Federal Aviation Administration. *See* 14 C.F.R. § 400 *et
    seq*.

[^48]: ^?^ *See* 47 C.F.R. §§ 1.65, 25.117(a). *See also 2 GHz MSS
    Order*, 15 FCC Rcd at 16179 ¶ 108 (system modifications requiring
    prior FCC approval should be identified well in advance of the CDR
    milestone).

[^49]: ^?^ Conforming Amendment at 6-7.

[^50]: ^?^ *Id.* at 7.

[^51]: ^?^ *See, e.g.*, Amendment to Pending Application of Iridium LLC,
    SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2.

[^52]: ^?^ Letter to Michael K. Powell, Chairman, Federal Communications
    Commission from Douglas Brandon, AT&T Wireless Services, Inc., Brian
    F. Fontes, Cingular Wireless, LLC, Luisa L. Lancetti, Sprint
    Corporation, and John T. Scott, III, Verizon Wireless, IB Docket No.
    99-81 (dated June 13, 2001) (citing the ICO *Ex Parte* Letter and
    CTIA Petition). *Accord Ex parte* Letter of CTIA, IB Docket No.
    99-81 (dated July 12, 2001). *But see Ex parte* Letter of
    Globalstar, L.P., IB Docket No. 99-81 (dated July 2, 2001)
    (objecting to the Wireless Carriers' request); *Ex parte* Letter of
    Celsat America, Inc., IB Docket No. 99-81 (dated June 25, 2001)
    (same).

[^53]: ^?^ *See ICO Services Limited, Letter of Intent to Provide
    Mobile-Satellite Service in the 2 GHz Bands*, Order, DA 01-1635, at
    ¶¶ 29-31 (Int'l Bur./OET, rel. July 17, 2001).

[^54]: ^?^ Petition to Deny or Hold in Abeyance of The Boeing Company at
    3-4; Petitions to Deny and Comments of Mobile Communications
    Holdings, Inc. at 16-17. *See also* Comments of Constellation
    Communications, Inc. at 21; Consolidated Comments and Petition to
    Deny of Iridium LLC at 9-10; Consolidated Reply of Iridium LLC at
    9-10.

[^55]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16137-38 ¶ 15.

[^56]: ^?^ *See Licensing Space Stations in the Domestic Fixed-Satellite
    Service*, 50 Fed. Reg. 36071 (Sept. 5, 1985).

[^57]: ^?^ 47 C.F.R. § 2.106, NG104.

[^58]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16150 ¶ 48.