# Before the

# Federal Communications Commission

# Washington, D.C. 20554

Loral CyberStar, Inc. )

)

Applications for Authority to Construct, ) File Nos.
205/206-SAT-AMEND-95

Launch, and Operate a Ka-band Satellite )

System in the Fixed-Satellite Service ) IBFS File Nos.
SAT-AMD-19950929-00157/158

# ORDER AND AUTHORIZATION

**Adopted: December 19, 2000 Released: December 20, 2000**

By the Chief, International Bureau:

# I. INTRODUCTION

1.  With this *Order and Authorization*, we authorize Loral CyberStar,
    Inc. ("Loral") to launch and operate two satellites in the
    geostationary-satellite orbit ("GSO") to provide fixed-satellite
    service ("FSS") in the Ka-band.[^1] Specifically, Loral is
    authorized to launch and operate Orion F11 at the 67° W.L. orbit
    location, and to launch and operate Orion F12 at the 126.5° E.L.
    orbit location. These satellites will be part of Loral's global
    system, allowing Loral to provide a variety of communications
    services to consumers in the United States and around the world.

# II. BACKGROUND

2.  In July 1996, the Commission adopted a band arrangement for U.S.
    commercial operations in the Ka-band.[^2] This band arrangement
    designates discrete band segments in the 17.7-20.2 GHz (the "18 GHz
    band") and 27.5-30.0 GHz (the "28 GHz band") frequency bands for
    several services, including the GSO FSS service, the
    non-geostationary-satellite orbit ("NGSO") FSS service, Local
    Multipoint Distribution Service, and feeder links for certain NGSO
    mobile satellite systems ("MSS"). Recently, the Commission modified
    the rules for the deployment of services in the 18 GHz band.[^3] As
    revised, the Ka-band arrangement designates the following
    frequencies for U.S. commercial GSO FSS systems:

**GSO FSS-Designated Band Segment Other Co-Primary Designations**[^4]

  ----------------------------------- -----------------------------------
  18.3-18.58 GHz (downlink)           Fixed Services

  18.58-18.8 GHz (downlink)           

  19.7-20.2 GHz (downlink)            

  28.35-28.6 GHz (uplink)             

  29.25-29.5 GHz (uplink)             NGSO MSS feeder links

  29.5-30.0 GHz (uplink)              
  ----------------------------------- -----------------------------------

3.  The applications at issue were originally filed separately by
    Loral's predecessors in interest, Orion Network Systems, Inc.
    ("Orion Network") and its wholly owned subsidiary, Orion Asia
    Pacific Corporation ("Orion Asia").[^5] These applications were
    filed by the cut-off date established for consideration in the first
    processing group of Ka-band applications.[^6] Orion Network's
    application requested authorization to add a Ka-band payload to a
    pending Ku-band application, and to operate this hybrid satellite at
    the 127° W.L. orbit location.[^7] Similarly, Orion Asia asked for
    authority to add Ka‑band capacity to a pending Ku-band application,
    and to operate this hybrid satellite at the 126° E.L. orbit
    location. During the pendency of these applications, discrepancies
    arose between the requested Ku‑band orbit locations and the
    requested Ka-band orbit locations. As a result, the International
    Bureau ("Bureau") deferred action on these applications until Orion
    Network and Orion Asia resolved the discrepancies.[^8] Both Orion
    Network and Orion Asia subsequently notified the Bureau that they
    intended to construct, launch and operate stand-alone Ka-band
    satellites, rather than the hybrid satellites proposed. Orion
    Network sought to operate Ka-band satellite Orion F11 at the 127°
    W.L. orbit location,[^9] and Orion Asia sought to operate Ka-band
    satellite Orion F12 at the 126.5° E.L. orbit location.[^10]

4.  In May 1997, the Bureau adopted an orbital assignment plan
    implementing an agreement among the Ka-band GSO FSS applicants that
    successfully resolved their conflicts over worldwide satellite orbit
    locations.[^11] The *May 1997 Assignment Order* listed Orion Asia at
    the 126.5° E.L. orbit location and reserved the 127° W.L. orbit
    location for Orion Network.[^12] The *May 1997 Assignment Order*
    also provided that any licensees could present alternative
    arrangements provided that any affected parties agreed.[^13] Several
    licensees, including Orion Network, requested new locations, and
    reached an agreement among themselves with respect to this
    reassignment.[^14] As a result, the Bureau issued a revised orbital
    assignment plan, reserving the 67° W.L. orbit location for Orion
    Network.[^15]

5.  In February 1998, the Bureau authorized Orion Network and Orion Asia
    to transfer control of their authorizations and applications to
    Loral Space & Communications Ltd. ("Loral Ltd.").[^16] Initially,
    Loral Ltd. structured the transaction so that the authorizations and
    applications were separately held by its subsidiaries. Thereafter,
    as the result of an internal restructuring process, Loral Ltd.
    requested and was granted authority for a *pro forma* assignment of
    these authorizations and applications, including the instant
    applications, to Loral CyberStar, Inc.[^17]

6.  Loral proposes to operate its Orion F11 and Orion F12 satellites in
    the 28.35-28.6 GHz and 29.25-30.0 GHz bands for uplink
    transmissions, and the 18.55-18.8 GHz, 19.45-19.7 GHz and 19.7‑20.20
    GHz bands for downlink transmissions. Loral proposes to offer a
    variety of digital services on a non-common carrier basis, including
    video for teleconferencing and entertainment, and computer data
    networks. Each satellite will have 32 active transponders, each
    having a usable bandwidth of 114 megahertz. The satellites will
    support primarily high speed digital transmissions using 25 fixed
    and two steerable spot beams. Loral states that both satellites will
    be an integral part of its global satellite network, with Orion F11
    providing transcontinental services and intra-regional services in
    the United States, and Orion F12 providing high speed digital
    transmissions and intra-regional services throughout the Asia
    Pacific region.[^18]

# III. DISCUSSION

##### A. Qualifications

7.  The Commission's goal is to license satellites in a manner that
    promotes open entry, competition, maximum flexibility, technical
    innovation, and seamless networks. When possible, we seek to afford
    all applicants an opportunity to compete in the marketplace. Before
    the Commission authorizes any space station applicant, however, we
    first determine whether an applicant is legally, technically and
    financially qualified to hold a Commission license.

8.  *Financial Qualifications*. Historically, the Commission has
    fashioned financial requirements for satellite services on the basis
    of entry opportunities in the particular service being
    licensed.[^19] Under Commission precedent, the purpose of financial
    qualification rules is to prevent warehousing and ensure quick
    deployment of service where there may be more applicants than
    available licenses.[^20] In cases where we can accommodate all
    pending applications and future entry is possible, however, we have
    not looked to financial ability as a prerequisite to a license
    grant.[^21] Because all of the first round applicants agreed to
    orbit locations, and other orbit locations remain available for GSO
    FSS satellites, the Commission waived the FSS financial requirements
    for Ka-band first round applicants.[^22] To ensure licensees do not
    hold valuable orbit and spectrum resources, we intend to enforce the
    milestone schedule strictly.

9.  *Technical Qualifications*. Applicants for space station
    authorizations also must meet certain technical qualification
    requirements. After review of Loral's applications, we find that,
    based on the proposed system designs, Loral can will operate under
    the Commission's technical rules for FSS licensees in Part 25. We
    condition Loral's authorization on complying with our rules
    concerning technical qualifications for the FSS in the Ka-bands.

##### 

##### B. Spectrum Issues

10. *Service Uplinks*. The 28 GHz band arrangement designates 1000 MHz
    of spectrum in the 28.35-28.6 GHz band and the 29.25-30.0 GHz band
    for GSO FSS uplink operations. Two-hundred fifty megahertz of this
    spectrum at 29.25-29.5 GHz is to be shared on a co-primary basis
    with NGSO MSS feeder links. In its applications, Loral proposes to
    use spectrum at the 28.35-28.6 GHz and 29.25-30.0 GHz bands for its
    service uplinks to each of its orbit locations. We grant Loral's
    proposal, as it is consistent with the band arrangement. Operations
    in the shared 250 megahertz at 29.25-29.5 GHz are, of course,
    subject to the sharing rules adopted in the *Ka-Band First Report
    and Order*. [^23]

11. *Service Downlinks*. The revised 18 GHz band arrangement designates
    1000 MHz of spectrum in the 18.3-18.8 GHz band and the 19.7-20.2 GHz
    band for GSO FSS downlink operations. Two-hundred eighty megahertz
    of this spectrum at 18.3-18.58 GHz is to be shared on a co-primary
    basis with the fixed services. In adopting this band arrangement,
    the Commission stated that the total 720 megahertz of unshared
    downlink spectrum at 18.58-18.8 GHz and 19.7-20.2 GHz, plus the
    flexible rules that permit sharing of 280 megahertz at 18.3-18.58
    GHz, will enable each system to have ample spectrum and allow
    multiple systems to operate. As mentioned in the *18 GHz Report and
    Order,* the Commission recognizes that some GSO FSS systems have
    already been designed, and that we expect that current system
    designs of the GSO FSS can proceed with some modification, or that
    sharing agreements can be reached to permit the use of these
    designs.[^24]

12. In its applications, Loral requests 1000 megahertz of spectrum in
    the 18.55-18.8 GHz, 19.45-19.7 GHz and 19.7-20.2 GHz bands for
    downlink transmissions from each of its assigned orbit locations. We
    grant that portion of its request that is consistent with the 18 GHz
    band arrangement. Consequently, we authorize Loral to operate its
    satellites with service downlinks in the 18.55-18.8 GHz and
    19.7-20.2 GHz bands. We cannot give Loral operating authority in its
    other proposed downlink band, 19.45-19.7 GHz, as that request is
    inconsistent with the 18 GHz band arrangement. On our own motion,
    however, we are in a position to grant Loral's original request for
    a full 1000 megahertz of downlink spectrum by authorizing Loral to
    operate in the 18.3-18.55 GHz band, which is available for GSO FSS
    downlink operations, shared on a co-primary basis with the fixed
    services. Operations in the shared 280 megahertz at 18.3‑18.58 GHz
    are, of course, subject to the sharing rules adopted in the *18 GHz
    Report and Order*.[^25] In addition, Loral must coordinate with the
    U.S. Government systems operating in the 17.7‑18.8 GHz and 19.7-20.2
    GHz bands in accordance with footnote US 334 to the Table of
    Frequency Allocations.[^26]

##### 

##### C. Regulatory Treatment

13. In the *DISCO I Report and Order*, the Commission determined that
    all fixed-satellite operators in the C-band and Ku-band could elect
    to operate on a common carrier or non-common carrier basis.[^27] In
    the *Ka-band Third Report and Order*, the Commission stated there
    was no reason to treat satellite operators in the Ka-band any
    differently.[^28] Loral proposes to operate its proposed FSS
    services on a non-common carrier basis.[^29] The Commission
    traditionally has evaluated requests to operate on a non-common
    carrier basis using the analysis set forth in *National Association
    of Regulatory Utility Commissioners v. FCC* ("*NARUC I*").[^30]
    Under *NARUC I*, we may regulate an entity as a non-common carrier
    unless: (1) there is or should be any legal compulsion to serve the
    public indifferently; or (2) there are reasons implicit in the
    nature of the service to expect that the entity will in fact hold
    itself out indifferently to the eligible user public.[^31] Dozens of
    FSS satellites are now operating in the C- and Ku-band, and at least
    nine FSS operators other than Loral and its subsidiaries are
    authorized in the Ka-band. Thus, with respect to the first prong of
    *NARUC I*, sufficient competitive capacity is, and will continue to
    be, available to assure the U.S. public access to FSS without
    compelling Loral to serve the public indifferently. With regard to
    the second prong of *NARUC I*, based on Loral's proposed services,
    we see no reasons why Loral would hold itself out indifferently to
    the public. We will therefore allow Loral to operate as a non-common
    carrier.

##### 

##### D. Implementation Milestones

14. As in all other satellite services, Ka-band licensees are required
    to adhere to a strict timetable for system implementation. Requiring
    licensees to adhere to implementation deadlines prevents the
    valuable orbit-spectrum resource from being held indefinitely by
    licensees who are unable or unwilling to proceed with their plans.
    Specifically, Section 25.145(f) of the Commission's rules requires
    Ka-band GSO FSS licensees "\[1\] to begin construction of its first
    satellite within one year of grant, \[2\] to begin construction of
    the remainder within two years of grant, \[3\] to launch at least
    one satellite into each of its assigned orbit locations within five
    years of grant, and \[4\] to launch the remainder of its satellites
    by the date required by the International Telecommunication Union
    \[ITU\] to assure international recognition and protection of those
    satellites."[^32] Failure to meet any of these construction
    milestones will render those satellite authorizations null and void.

15. We are now in a position to impose system implementation milestones
    as a condition of Loral's licenses at the 67° W.L. and 126.5° E.L.
    orbit locations. The dates by which Loral's satellites must be
    "brought into use" to protect the date priority of the U.S. ITU
    filings for its orbital locations are in July 2005.[^33] We
    recognize that, in this case, applying these ITU "bringing into use"
    dates to the last implementation milestone has the incongruous
    result of our rules requiring Loral to launch its satellites into
    each of its assigned orbit locations by December 2005, *i.e.*, after
    the date Loral is required to bring its satellite locations into use
    to protect the date priority of the U.S. ITU filings for its orbital
    locations. To address this misalignment, we require Loral to launch
    its satellites into each licensed orbit location which "brings into
    use" all of the frequency assignments it plans to operate at that
    orbit location by the appropriate July 2005 ITU "bringing into use"
    date. This will protect the United States' and thus, Loral's ability
    to coordinate and gain international recognition for the satellites
    at each of its assigned orbit locations. Moreover, we do not
    anticipate that meeting this milestone will be difficult, as the
    difference between the ITU "bringing into use" date and December
    2005 is *de minimis*.

##### 

##### E. International Coordination

16. In general, we follow the applicable advance-publication,
    coordination, and notification procedures set forth in the ITU Radio
    Regulations in coordinating Loral's satellites with other affected
    administrations. Additional information concerning coordination
    between U.S. licensed satellite systems and non-U.S. licensed
    systems is set forth in the *Ka-band Third Report and* *Order*.[^34]

##### F. Exclusionary Arrangements

17. Exclusionary arrangements can take the form of concessions,
    contracts, understandings, or working arrangements that offer a
    particular satellite system as the only permissible facility through
    which to obtain a particular satellite service between the United
    States and another country. Prohibiting these type of arrangements
    facilitates competition by encouraging the use of multiple satellite
    systems in other countries, and ensures that all parties have an
    opportunity to provide truly global service, which also facilitates
    competition in the U.S. market.[^35] Congress recently enacted a
    statutory bar to exclusionary arrangements.[^36] Loral must comply
    with these restrictions.

# IV. CONCLUSION

18. Accordingly, upon review of Loral's applications to implement
    Ka-band GSO satellites to provide FSS, we find that Loral is
    qualified to be a Commission licensee and that, pursuant to Section
    309 of the Communications Act of 1934, as amended, 47 U.S.C. § 309,
    grant of these applications will serve the public interest. We have
    assigned Loral to the 67° W.L. orbit location for Orion F11 and the
    126.5° E.L. orbit location for Orion F12.

# V. ORDERING CLAUSES

19. IT IS ORDERED that Application File Nos. 205/206-SAT-AMEND-95, IBFS
    File Nos. SAT-AMD-19950929-00157/158 ARE GRANTED and Loral
    CyberStar, Inc. IS AUTHORIZED to launch and operate one satellite at
    the 67° W.L. orbit location and one satellite at the 126.5° E.L.
    orbit location.

20. IT IS FURTHER ORDERED that Loral CyberStar, Inc. IS AUTHORIZED to
    use service uplinks in the 28.35-28.6 GHz and 29.25-30.0 GHz bands
    and service downlinks in the 18.3-18.8 GHz and 19.7-20.2 GHz bands,
    in accordance with the technical specifications set forth in its
    applications and consistent with our rules.

21. IT IS FURTHER ORDERED that Loral CyberStar, Inc. must coordinate all
    of its Ka-band downlink operations with the U.S. Government systems
    in accordance with footnote US334 to the Table of Frequency
    Allocation, 47 C.F.R. § 2.106.

22. IT IS FURTHER ORDERED that each of the authorizations shall be
    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 authorizations by the
    following dates:

[Orbit Location]{.underline} [Construction Commenced]{.underline}
[Launch and Operate]{.underline}

ORION F11 67° W.L. December 2001 July 2, 2005

ORION F12 126.5° E.L. December 2001 July 23, 2005

23. IT IS FURTHER ORDERED that the license term for a space station is
    ten years and will begin to run on the date Loral CyberStar, Inc.
    certifies to the Commission that the satellites have been
    successfully placed into orbit and the operations fully conform to
    the terms and conditions of this authorization.

24. IT IS FURTHER ORDERED that Loral CyberStar, Inc. will prepare any
    necessary submissions to the International Telecommunication Union
    ("ITU") and to affected administrations for the completion of the
    appropriate coordination and notification of obligations for these
    space stations 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).

25. IT IS FURTHER ORDERED that the temporary assignment of any orbital
    location to Loral CyberStar, Inc. is subject to change by summary
    order of the Commission on 30 days notice and does not confer any
    permanent right to use the orbit and spectrum. Neither this
    authorization nor any right granted by the authorization shall be
    transferred, assigned, or disposed of in any manner, voluntarily or
    involuntarily, or by transfer of control of any corporation holding
    this authorization to any person except upon application to the
    Commission and upon a finding by the Commission that the public
    interest, convenience and necessity will be served thereby.

26. IT IS FURTHER ORDERED that Loral CyberStar, Inc. has 30 days from
    the date of the release of this *Order and Authorization* to decline
    this authorization as conditioned. Failure to respond within that
    period will constitute formal acceptance of the authorization as
    conditioned.

27. 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. 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 public notice of this *Order and
    Authorization* (*see* 47 C.F.R. § 1.4(b)(2)).

    FEDERAL COMMUNICATIONS COMMISSION

    Donald Abelson

Chief, International Bureau

[^1]: 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. We authorize Loral to operate in a
    portion of these frequencies as indicated herein.

[^2]: *See Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules
    and Policies for Local Multipoint Distribution Service and for Fixed
    Satellite Services*, CC Docket No. 92-297, First Report and Order
    and Fourth Notice of Proposed Rulemaking, 11 FCC Rcd 19005 (1996)
    ("*Ka-band First Report and Order*").

[^3]: *See Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket
    Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and
    27.5-30.0 GHz Frequency Bands, and the Allocation of Additional
    Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands
    for Broadcast Satellite-Service Use*, IB Docket No. 98-172, Report
    and Order, 15 FCC Rcd 13430 (2000) ("*18 GHz Report and Order*"),
    *petition for review pending*, *Teledesic LLC v. FCC*, D.C. Cir. No.
    00-1466 (filed November 6, 2000).

[^4]: The services designated as co-primary share the band on an equal
    basis with GSO FSS systems. The U.S. Table of Frequency Allocations,
    47 C.F.R. § 2.106, also contains allocations for other services in
    several of these bands.

[^5]: Application of Orion Network Systems, Inc., File Nos.
    205-SAT-AMEND-95, SAT-AMD-19950929-00157 (filed September 29, 1995);
    Application of Orion Asia Pacific Corporation, File No.
    206-SAT-AMEND-95, SAT-AMD-19950929-00158 (filed September 29, 1995).

[^6]: *See Public Notice*, Report No. SPB-29, 10 FCC Rcd 13753 (Int'l
    Bur. 1995). Several other first-round applicants proposing GSO
    satellite systems filed petitions to deny and other pleadings in
    response to Orion Network's and Orion Asia's initial applications.
    As a result of a subsequent agreement among the GSO applicants,
    these filings were withdrawn. Motorola Satellite Communications,
    Inc. also filed a petition to deny all of the GSO FSS Ka-band
    applications arguing that authorizing these proposals would conflict
    with its requested frequencies for feeder links for its Big LEO
    system. These concerns were resolved by the 28 GHz band arrangement,
    *supra* footnote 2.

[^7]: The "Ku-band" refers to the Earth-to-space (uplink) frequencies at
    14.0‑14.5 GHz and the corresponding space-to-Earth (downlink)
    frequencies at 11.7-12.2 GHz.

[^8]: *See Assignment of Orbital Locations to Space Stations in the
    Ka-Band*, Order, 13 FCC Rcd 1030, 1030 n.2 (Int'l Bur. 1997) ("*May
    1997 Assignment Order*") (deferring action on Orion Asia's
    application); *Orion Network Systems, Inc.*, Order and
    Authorization, 12 FCC Rcd 23027, 23028 n.2 (Int'l Bur. 1997)
    (deferring action on Orion Network's application). At the same time,
    the Bureau granted seven first round Ka-band authorizations to
    various Loral predecessors in interest. *See id.* (authorizing Orion
    Network to operate Ka-band satellites at the 89° W.L., 81° W.L. and
    78° E.L. orbit locations); *Orion Atlantic, L.P.*, Order and
    Authorization, 13 FCC Rcd 1416 (Int'l Bur. 1997) (authorizing Orion
    Atlantic to add Ka-band capacity to its Ku-band satellite at 47°
    W.L.); *Loral Space & Communications Ltd.*, Order and Authorization,
    13 FCC Rcd 1379 (Int'l Bur. 1997) (authorizing Loral Space &
    Communications Ltd. ("Loral Ltd.") to operate Ka-band satellites at
    the 115° W.L., 28° E.L., and 105.5° E.L. orbit locations). Loral
    Ltd.'s satellite at 28° E.L. was later reassigned to 93° W.L. in a
    revised orbital assignment plan. *See Assignment of Orbital
    Locations to Space Stations in the Ka-Band*, Order, 12 FCC Rcd 22004
    (Int'l Bur. 1997) ("*December 1997 Reassignment Order*").

[^9]: Additional Information for Separate Ka-band Satellite System of
    Orion Network Systems, Inc., File Nos. 205-SAT-AMEND-95,
    SAT-AMD-19950929-00157 (June 4, 1997) ("Orion Network Additional
    Information"); Letter from Julian L. Shepard, Counsel for Orion
    Network Systems, Inc. to William F. Caton, Acting Secretary, FCC,
    File Nos. 205-SAT-AMEND-95, SAT-AMD-19950929-00157 (May 9, 1997).

[^10]: Additional Information for Separate Ka-band Satellite System of
    Orion Asia Pacific Corporation, File Nos. 206-SAT-AMEND-95,
    SAT-AMD-19950929-00158 (June 4, 1997) ("Orion Asia Additional
    Information"); Letter from Julian L. Shepard, Counsel for Orion Asia
    Pacific Corporation to William F. Caton, Acting Secretary, FCC, File
    Nos. 206-SAT-AMEND-95, SAT-AMD-19950929-00158 (May 9, 1997). Orion
    F12's move from 126° E.L. to 126.5° E.L. comports with the Bureau's
    initial assignment of orbit locations to Ka-band GSO FSS applicants
    in the first processing round seeking satellites in the 62° W.L. to
    175.25° E.L. region of the orbital arc. *See Assignment of Orbital
    Locations to Space Stations in the Ka-Band*, Order, 11 FCC Rcd
    13737, 13741 (Int'l Bur. 1996).

[^11]: *See May 1997 Assignment Order*, 13 FCC Rcd 1030.

[^12]: *Id.* at 1032-33 (Appendix A).

[^13]: *Id.* at 1031 ¶ 6.

[^14]: Letter from Philip L. Verveer (Counsel for Loral Space &
    Communications Ltd.), Thomas J. Keller (Counsel for Orion Network
    Systems, Inc.), John P. Janka (Counsel for Hughes Communications
    Galaxy, Inc.), and Joseph Godles (Counsel for PanAmSat Licensee
    Corp.) to Thomas S. Tycz, Chief, Satellite and Radiocommunication
    Division, FCC (October 23, 1997).

[^15]: *December 1997 Reassignment Order*, 12 FCC Rcd 22004.

[^16]: *Loral Space & Communication Ltd. and Orion Network Systems,
    Inc., et al.*, Order and Authorization, 13 FCC Rcd 4592 (Int'l Bur.
    1998) ("*Loral/Orion Merger Order*"). Section 25.116(c) of the
    Commission's rules provides generally that if a major amendment to a
    processing round application, such as a transfer of control, is
    submitted after a cut-off date, the application will be considered
    to be newly filed, and will lose its status in the processing group.
    47 C.F.R. § 25.116(c). In granting the merger of Loral Ltd. and
    Orion Network, the Bureau exempted the parties' respective satellite
    applications pending in space station processing groups from Section
    25.116(c), in part because the pending applications were part of the
    larger transaction involving satellites already licensed.
    *Loral/Orion Merger Order*, 13 FCC Rcd at 4598-99 ¶¶ 14-19.

[^17]: *See* Letters from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division, FCC to Jennifer D. McCarthy, Counsel
    for Loral Orion Services, Inc. (December 22, 1999) (File Nos.
    SAT-T/C-19991124-00113, SAT-ASG-19991124-00114) (granting
    consolidation of companies into Loral Orion Services, Inc.) *and*
    Letter from Jennifer D. McCarthy, Counsel for Loral CyberStar, Inc.
    to Magalie Roman Salas, Secretary FCC (January 4, 2000) (confirming
    consummation of the transaction and notifying the Commission that
    Loral Orion Services, Inc. has assumed the name Loral CyberStar,
    Inc.).

[^18]: In 1996, the Commission abolished all distinctions between U.S.
    domestic satellites and international separate system satellites.
    *See Amendment to the Commission's Regulatory Policies Governing
    Domestic Fixed Satellites and Separate International Satellite
    Systems*, IB Docket No. 95-41, Report and Order, 11 FCC Rcd 2429
    (1996) ("*DISCO I Report and Order*"). This allows all U.S. licensed
    satellites to provide any mix of domestic or international satellite
    services they choose, subject to the licensee obtaining applicable
    international approvals and authorizations by other administrations
    to provide service to, from, or within their respective territories.
    Therefore, all FSS licensees in the Ka-Band are permitted to provide
    any combination of domestic and international services without
    obtaining separate approval from the Commission for specific service
    areas.

[^19]: *See, e.g.*, 47 C.F.R. §§ 25.140(c), 25.142(a)(4).

[^20]: *See, e.g.*, *Amendment of the Commission\'s Rules to Establish
    Rules and Policies Pertaining to a Mobile Satellite Service in the
    1610-1626.5/2483.5-2500 MHz Frequency Bands*, CC Docket No. 92-166,
    Report and Order, 9 FCC Rcd 5936, 5948-50 ¶¶ 26-30 (1994), *on
    recon.*, Memorandum Opinion and Order, 11 FCC Rcd 12861 (1996).

[^21]: *Id.* at 5948 ¶ 26.

[^22]: *See Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,
    to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules
    and Policies for Local Multipoint Distribution Service and for Fixed
    Satellite Services*, CC Docket No. 92-297, Third Report and Order,
    12 FCC Rcd 22310, 22317-18 ¶¶ 16-18 (1997) ("*Ka-band Third Report
    and Order*").

[^23]: *See Ka-band First Report and Order*, 11 FCC Rcd at 19034-35 ¶¶
    72-74. *See also* 47 C.F.R. § 25.258.

[^24]: *18 GHz Report and Order*, 15 FCC Rcd at 13444 ¶ 30.

[^25]: *Id.* at 13446-54 ¶¶ 34-49.

[^26]: 47 C.F.R. § 2.106 US 334.

[^27]: *See DISCO I Report and Order*, 11 FCC Rcd at 2436 ¶¶ 45-50.

[^28]: *See Ka-band Third Report and Order*, 12 FCC Rcd at 22333 ¶
    58-60.

[^29]: "The non-common carrier transactions will consist, typically, of
    private sales of transponder capacity and related satellite
    communications services." Orion Network Additional Information at 5
    & Orion Asia Additional Information at 5.

[^30]: 525 F.2d 630 (D.C. Cir.), *cert. denied*, 425 U.S. 992 (1976).

[^31]: *Id.* at 642.

[^32]: 47 C.F.R. § 25.145(f). *See also* *Ka-band Third Report and
    Order*, 12 FCC Rcd at 22334-35 ¶ 61 & n.77.

[^33]: The exact date is nine years after the date of ITU publication of
    the Advanced Publication Information for each orbit location. *See*
    ITU Radio Regulations S11.44, as modified by Final Acts of the 2000
    World Radiocommunication Conference, Istanbul (2000). Thus, the ITU
    Radio Regulations require that the satellite at 67° W.L. be brought
    into use by July 2, 2005, and the satellite at 126.5° E.L. be
    brought into use by July 23, 2005.

[^34]: *See Ka-band Third Report and Order*, 12 FCC Rcd at 22335-39 ¶¶
    63-72.

[^35]: For example, if a provider were not able to provide service in a
    particular foreign country because another entity had an exclusive
    arrangement there, then the provider could not offer satellite
    service between the United States and that country.

[^36]: Open-Market Reorganization for the Betterment of International
    Telecommunications Act (ORBIT Act), Pub. L. No. 106-180, § 3, 114
    Stat. 48 (2000) (adding Section 648 to the Communications Satellite
    Act of 1962, 47 U.S.C. § 701 *et seq.*). *See also* 47 C.F.R. §
    25.145(e) (pre-ORBIT Act Commission rule limiting Ka-band licensees'
    ability to enter into exclusive arrangements with other countries
    concerning communications to or from the United States).