**DA 07-4160**

October 5, 2007

Stephen L. Goodman, Esq.

Tighe Patton Armstrong Teasdale, PLLC

1747 Pennsylvania Ave., NW, Suite 300

Washington, DC 20006

Walter H. Sonnenfeldt

Orbcomm, Inc.

2115 Linwood Avenue, Suite 100

Fort Lee, NJ 07024

Re: Modification Application of Orbcomm License Corp.

> IBFS File No. SAT-MOD-20070531-00076
>
> IBFS File No. SAT-STA-20070919-00127
>
> Call Sign: S2103

Dear Mr. Goodman and Mr. Sonnenfeldt:

On May 31, 2007, you filed, on behalf of Orbcomm License Corp., a
modification application to construct, launch, and operate 25 new
non-voice, non-geostationary (Little LEO) satellites to replenish,
augment and enhance Orbcomm's Little LEO mobile-satellite service
constellation. We dismiss a portion of the application seeking launch
authority for space stations capable of operating in the 435 MHz band,
without prejudice to re-filing.

In its Modification Application, Orbcomm states that seven of the
satellites for which it seeks authorization incorporate two 15 kilohertz
half-duplex up- and down-link channels in the 435 MHz band that could be
used for tracking, telemetry and control (TT&C) functions. Orbcomm
indicates that these space stations could be used in conjunction with
earth stations in Germany and Russia during the initial testing phase of
these satellites.[^1] The Commission's rules require that TT&C functions
be conducted at the edges of the bands allocated for the satellite
service,[^2] but the 435 MHz frequency band is not allocated to any
service in which Orbcomm proposes to operate,[^3] or to the space
operation service.[^4] We therefore dismiss this portion of the
Modification Application, without prejudice to re-filing.

We note that on September 19, 2007, Orbcomm indicated that it has
secured a firm launch date of December 20, 2007, for launch of these
satellites.[^5] In light of the imminent launch, and the fact that
Orbcomm contemplates using the 435 MHz band for immediate post launch
activities,[^6] we request that any amendment of Orbcomm's application
concerning this frequency band request both launch and operating
authority.[^7] Any such request should include justification for a
waiver to operate in a manner not in compliance with the Commission's
rules.[^8]

We also note that Orbcomm states that it is considering implementing
uplink capabilities in the 400 MHz band in the other 18 satellites
proposed in its modification application.[^9] As Orbcomm notes in the
application, this frequency band is allocated for space-to-Earth
downlink transmissions only. We do not construe Orbcomm's statement to
constitute a request for construction, launch, or operating authority
for uplink capacity in this band. If Orbcomm proposes to launch space
stations incorporating uplink capacity in the 400 MHz band, it must file
a request to launch that capacity, and must be granted authority to do
so, before any such space station may be launched.[^10] If uplink
operations in that band are not allocated when Orbcomm requests launch
and operational authority, Orbcomm must justify a waiver of the
Commission's rules to operate in a non-compliant manner.[^11]

We find that the request for launch authority incorporating TT&C
capacity in the 435 MHz frequency band is defective. Accordingly,
pursuant to the Commission's rules on delegated authority, 47 C.F.R. §
0.261(a)(4), we dismiss this portion of the application, without
prejudice to re-filing.[^12]

Sincerely,

Robert G. Nelson

> Chief, Satellite Division
>
> International Bureau

[^1]: Modification Application of Orbcomm License Corp. (Modification
    Application), Narrative Description at 3 n.6.

[^2]: 47 C.F.R. § 25.202(g). This rule serves the purposes of
    simplifying the coordination process among co-frequency systems, and
    promoting efficient spectrum use, because it effectively limits
    satellite operators to operating TT&C links in the same frequency
    bands in which they provide service. *See* Wireless Operations in
    the 3650-3700 MHz Band, *Report and Order and Memorandum Opinion and
    Order*, 20 FCC Rcd 6502, 6533 ¶ 87 (2005) (*Extended C-Band Order*);
    Amendment of the Commission's Rules with Regard to the 3650-3700 MHz
    Government Transfer Band, *First Report and Order and Second Notice
    of Proposed Rulemaking*, 15 FCC Rcd 20488, 20538 ¶ 129 (2000).

[^3]: *See* 47 C.F.R. § 2.106. We note that amateur satellite and earth
    exploration satellite services (active) are permitted in this band
    under some circumstances and conditions. 47 C.F.R. § 2.106, notes
    5.282, US397.

[^4]: *See* 47 C.F.R. §2.1(c), definition of Space Operation Service.

[^5]: Orbcomm License Corp. Request for Special Temporary Authority,
    File No. SAT-STA-20070919-00127, Narrative at 1.

[^6]: Modification Application at Narrative Description at 3-4 n.6.

[^7]: 47 C.F.R. § 25.113(g). *See also* ITU Radio Regulation 18.1
    (requiring a license for a transmitting station "established or
    operated by a private person or enterprise") and 47 U.S.C. § 303(r).

[^8]: 47 C.F.R. § 25.112(a). Alternatively, Orbcomm may commit to no
    space station TT&C transmissions in this frequency band, or provide
    information concerning the licensing administration for space
    station operations in the 435 MHz band.

[^9]: Modification Application at Narrative Description at 4 n.7.

[^10]: 47 C.F.R. § 25.113(g).

[^11]: *See, e.g.,* 47 C.F.R. § 25.112(a)(3).

[^12]: If Orbcomm re-files this portion of its application, it need not
    pay a further application fee. *See* 47 C.F.R. § 1.1109(d).