**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of Applications by | *  | File No.                     |
|                                  | *) | SAT-MOD-20070531-00076       |
| Orbcomm License Corp.            | ** |                              |
|                                  |    | File No.                     |
| For Authority to Modify its      | *  | SAT-AMD-20071116-00161       |
| Non-Voice, Non-Geostationary     | *) |                              |
| Satellite System                 | ** | Call Sign: S2103             |
|                                  |    |                              |
| For Modification of System       | *  | File No.                     |
| License to                       | *) | SAT-MOD-20070302-00041       |
|                                  | ** |                              |
| Extend the License Term          |    | File No.                     |
|                                  | *  | SAT-MOD-20020329-00246       |
| For Milestone Extension and      | *) |                              |
| Extension of                     | ** | File No.                     |
|                                  |    | SAT-AMD-20020930-00247       |
| Launch Authority                 | *  |                              |
|                                  | *) | File No.                     |
| For Special Temporary Authority  | ** | SAT-STA-20070919-00127       |
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted: March 21, 2008 Released: March 21, 2008**

By the Chief, International Bureau and the Chief, Office of Engineering
and Technology:

# INTRODUCTION

1.  With this Order, we authorize Orbcomm License Corp. (Orbcomm) to
    construct, launch, and operate 24 new satellites to replenish and
    enhance its non-voice, non-geostationary satellite orbit mobile
    satellite system. This authorization will allow Orbcomm to continue
    providing two-way messaging and asset tracking and monitoring
    services, and will permit Orbcomm to augment its service with
    additional radiofrequency capacity. We also grant Orbcomm an
    extension of the term of its license, to permit continued operations
    of both its on-orbit and yet-to-be-launched satellites.

# BACKGROUND

2.  Orbcomm is currently the only authorized Little LEO[^1] system
    operator. The Commission first granted a Little LEO license to
    Orbcomm in 1994, initially authorizing a constellation of 36
    satellites, consisting of four lower-inclination orbital planes with
    eight satellites each, and two high-inclination orbital planes with
    two satellites each.

3.  In the 1998 *Additional Satellites Authorization*, the International
    Bureau modified the Orbcomm system license to expand the
    constellation by 12 satellites, to an authorized constellation of 48
    satellites.[^2] Specifically, Orbcomm was authorized to operate with
    four orbital planes, each at a 45-degree inclination, with eight
    evenly spaced satellites in each of those planes. The altitude of
    satellites in those planes is based on an immediate post-launch
    altitude of 825 kilometers. In addition, Orbcomm was authorized to
    operate eight evenly spaced satellites in each of two additional
    planes, one plane with a 70-degree inclination and one with a
    108-degree inclination. The altitude of satellites in these
    high-inclination planes was based on an immediate post-launch
    altitude of 775 kilometers. Subsequently, the Bureau authorized
    further modifications to some of the orbital parameters and to the
    configuration of the constellation.[^3] Orbcomm eventually launched
    36 satellites.[^4]

4.  As a condition of the *Additional Satellites Authorization,* Orbcomm
    was required to launch the first two of the additional satellites by
    September 2002, and to launch the remaining 10 satellites by
    March 2004. In March 2002, Orbcomm requested a six-month extension
    of the milestone for launch of the first two additional
    satellites.[^5] In September 2002, Orbcomm requested a three-year
    extension of launch authority for all 12 of the additional
    satellites.[^6] In addition, in March 2007, Orbcomm filed a
    modification application requesting to extend the term of its system
    license for 15 years.[^7]

5.  Orbcomm filed a further modification application on May 31, 2007,
    seeking authority to construct, launch, and operate 25 new
    satellites to be launched in two phases.[^8] In its May 31
    application, Orbcomm indicated that the first phase of deployment
    for the 25 new satellites would consist of a single plane of seven
    satellites to be launched into a circular orbit at an altitude of
    690 kilometers, which would then be gradually raised to a final
    circular operational orbit inclined at 48.5 degrees at an altitude
    of 750 kilometers. The second phase of deployment would consist of
    18 satellites to be later deployed to operate in three planes of six
    satellites each, inclined in circular orbits at 48.5 degrees at an
    altitude of 750 kilometers.

6.  In addition to proposed changes to its constellation design,
    Orbcomm's modification application requested authority to operate
    using additional radio frequencies. Orbcomm requested authority for
    all 25 new satellites to receive Automatic Identification System
    (AIS) signals in the 161.9625-161.9875 MHz and 162.0125-162.0375 MHz
    frequency bands (AIS bands). AIS is a shipboard broadcast system
    that transmits a marine vessel's identification and position to aid
    in navigation and maritime safety.[^9] Orbcomm also seeks assignment
    of additional downlink Little LEO frequencies for operation by
    satellites in its second phase.[^10] On October 5, 2007, the
    Commission dismissed, without prejudice to re-filing, a portion of
    Orbcomm's Modification Application requesting authority to operate
    tracking, telemetry, and control (TT&C) in the 435 MHz frequency
    band.[^11] The Modification Application was placed on public notice
    on October 5, 2007. In an amendment filed in November 2007, Orbcomm
    also seeks waiver of Commission rules to operate bi-directional TT&C
    in the 435 MHz frequency band with satellites in its first phase, on
    a limited short-term basis immediately after launch.[^12] The
    amendment was placed on public notice on November 30, 2007. No
    comments were filed on either the modification application or the
    amendment. On February 29, 2008, Orbcomm filed a letter indicating
    that the first phase of deployment of new satellites would consist
    of a single plane of six satellites, rather than seven.[^13]

# DISCUSSION

## Constellation Modifications

7.  Orbcomm seeks authority to construct, launch, and operate 24 new
    satellites. Because the proposed new satellites are not technically
    identical to the authorized "first-generation" satellites,
    application filing requirements apply.[^14] In its application,
    Orbcomm seeks authority to modify its license by adding
    newly-designed satellites to the existing Orbcomm Little LEO system,
    with additional radiofrequency capacities. Describing public
    interest considerations in support of its application for new
    satellites, Orbcomm states that all of its proposed satellites are
    designed to be "backwards compatible," so that current customers may
    continue to use their subscriber communicators, ensuring continuity
    of service to hundreds of thousands of customers.[^15] Orbcomm
    asserts that its proposed new satellites will take advantage of
    advances in small satellite technology, and increase the amount of
    data that can be transmitted by subscriber transceivers. Orbcomm
    also states that its proposed new satellites and orbital
    configuration will provide improved coverage and capacity in its
    system. In light of these considerations, we find that it is in the
    public interest to authorize Orbcomm to construct, launch, and
    operate 24 new satellites, with orbital parameters as specified in
    its Modification Application. These new satellites will enhance the
    valuable service that Orbcomm's Little LEO system has been providing
    for more than a decade, and will allow growth and expansion of the
    Orbcomm system.

## Radiofrequency Modifications

8.  In addition to its request for new satellites, Orbcomm requests
    modification of its authorization to add frequencies and bandwidth
    capacity, and to make other changes that reflect improvements in
    technology since its satellites were first designed more than a
    decade ago.[^16] Specifically, Orbcomm requests assignment to the
    "System 1" frequencies, as described in the *Second Processing Round
    Report and Order.*[^17] Orbcomm also seeks waiver of Commission
    rules and authority for all 24 of its proposed new satellites to
    receive signals in the AIS bands, as well as waiver of Commission
    rules so that its six first phase satellites can conduct TT&C
    operations in the 435 MHz frequency band for a limited time.

9.  Orbcomm's on-orbit satellites operate with technical parameters
    designed to prevent interference to other operations, including
    Federal government operations. Orbcomm proposes to operate the new
    satellites consistent with such technical parameters. Specifically,
    Orbcomm indicates that the power flux-density at the Earth's surface
    of its downlink transmissions in the 137-138 MHz frequency band will
    not exceed -125 dB (W/m^2^/4 kHz).[^18] Orbcomm states that it will
    continue to use its Dynamic Channel Activity Assignment System
    (DCAAS) to prevent interference to terrestrial operations in the
    148-150.05 MHz frequency band.[^19] Orbcomm's satellites are or will
    be designed and constructed to limit out of band emissions,
    providing protection for radio astronomy operations in adjacent
    bands.[^20] In addition, Orbcomm's operations, including the new
    satellites, will continue to be subject to the agreement between
    Orbcomm and the National Oceanic and Atmospheric Administration,
    required as part of the *Additional Satellites Authorization.*[^21]
    In addition, Orbcomm's fixed and mobile earth stations will continue
    to be subject to requirements of Footnote US323 of the United States
    Table of Frequency Allocations.[^22]

10. ***Little LEO Frequencies.*** We grant Orbcomm's request for
    assignment of the "System 1" Little LEO frequency bands. In the
    *Second Processing Round Report and Order*, the Commission concluded
    that there was sufficient spectrum available for five Little LEO
    licensees: three licenses to second-round applicants not previously
    authorized, and two licenses to existing Little LEO licensees,
    Orbcomm and Volunteers in Technical Assistance (VITA), for
    modifications to their systems.[^23] In subsequent years, all the
    Little LEO licensees except Orbcomm have either surrendered their
    authorization or have failed to meet system construction
    milestones.[^24] With the license surrenders and terminations, the
    Commission has announced that the spectrum segments assigned to
    systems other than Orbcomm are available[^25] under the first-come,
    first-served procedure described in the Commission's *First Space
    Station Reform Order*.[^26] As the first applicant for the spectrum,
    we assign Orbcomm the spectrum previously identified for System
    1.[^27] As Orbcomm observes in its application, sufficient Little
    LEO spectrum remains available to license three other Little LEO
    systems after assigning System 1 frequencies to Orbcomm.[^28] This
    action is subject to Orbcomm not commencing operations until
    coordination is completed under footnote US 324 of the Table of
    Frequency Allocations.[^29]

11. We also grant Orbcomm's request, and permit it to operate in other
    available Little LEO spectrum until such time as another
    U.S.-licensed Little LEO system begins operations.[^30] Orbcomm must
    operate jointly in the Little LEO spectrum with any other licensees
    operating in the System 2, System 3, and VITA system segments under
    the plan adopted in the *Second Processing Round Report and Order*
    if and when an applicant is authorized to operate in any of those
    designated system segments. In the interim, however, we find it in
    the public interest to allow the one operating Little LEO system to
    put allocated Little LEO spectrum to productive use, rather than
    holding the spectrum sub-bands vacant in reserve for future
    applicants. This means that Orbcomm operations using frequencies
    other than its primary assigned frequencies are on a non-harmful
    interference basis with respect to any other lawfully operating
    radiofrequency operations.[^31] Upon commencement of operations by
    another U.S.-licensed Little LEO system, Orbcomm may operate only in
    its primary assigned frequency bands, consistent with the plan
    adopted by the Commission in the *Second Processing Round Report and
    Order*.

12. ***Automatic Identification System Frequencies.*** Orbcomm requests
    modification of its authorization to incorporate an AIS receiver
    payload onboard all of its proposed new satellites.[^32] In 2006,
    the Commission added footnote US399 to the Table of Frequency
    Allocations, to reflect designation of AIS channels by the
    Commission and the National Telecommunications and Information
    Administration (NTIA).[^33] Orbcomm seeks authority to receive AIS
    signals from ships. The frequency bands in which these signals are
    transmitted are not, however, allocated in the United States for
    satellite services.[^34]

13. Orbcomm seeks waiver of Commission rules to the extent necessary to
    permit its proposed AIS operations.[^35] Orbcomm was awarded a
    contract by the U.S. Coast Guard to develop and demonstrate the
    ability to receive, collect, and forward AIS data over the Orbcomm
    satellite system.[^36] Orbcomm proposes to forward AIS information
    gathered by its satellites through its Little LEO system feeder
    links to an Orbcomm gateway, and then through the Orbcomm Network
    Control Center to the Coast Guard, in support of the Coast Guard's
    maritime domain awareness program.[^37] Orbcomm hopes to demonstrate
    that its satellites can collect and forward AIS data from ships
    located well beyond the coasts of the United States in a cost
    effective and timely fashion.[^38]

14. Section 1.3 of the Commission\'s rules authorizes the Commission to
    waive its rules for "good cause shown."[^39] Waiver is appropriate
    only if special circumstances warrant a deviation from the general
    rule and such deviation would better serve the public interest than
    would strict adherence to the general rule.[^40] Generally, the
    Commission may grant a waiver of its rules in a particular case only
    if the relief requested would not undermine the policy objective of
    the rule in question and would otherwise serve the public
    interest.[^41]

15. The Commission may grant a waiver of the Table of Allocations for
    non-conforming uses of spectrum when there is little potential for
    interference into any service authorized under the Table of
    Allocations.[^42] Because Orbcomm will only receive existing AIS
    signals transmitted by maritime vessels, there is no risk of
    additional interference. We find that it is in the public interest
    to waive the Table of Frequency Allocations to the extent necessary
    to permit Orbcomm to launch and operate satellites capable of
    receiving the requested AIS frequencies.[^43] Further, we condition
    the authorization to require that Orbcomm not claim protection from
    interference caused to it by any other lawfully operating
    radiofrequency operations in these bands.

16. ***Telemetry, Tracking, and Control in the 435 MHz Frequency
    Band.*** Orbcomm requests authorization to launch its first phase of
    six satellites in early 2008 with the capacity to operate TT&C links
    for initial deployment operations and possible future emergency
    restoration capability in the 435 MHz frequency band. Specifically,
    Orbcomm requests authority to operate two half-duplex,
    bi-directional 15 kHz channels at the 435.465 MHz and 435.515 MHz
    center frequencies. The international allocation for these
    frequencies is to radiolocation on a primary basis in all regions,
    and to amateur service on a secondary basis in Regions 2 and 3 and
    on a primary basis in Region 1.[^44] The 2003 World
    Radiocommunication Conference in Geneva (WRC-03) allocated the 435
    MHz band to the Earth Exploration Satellite Service (EESS) on a
    secondary basis throughout the world, and adopted an international
    footnote (5.279A) that effectively limits the operational use of the
    band to areas outside the United States.[^45] At WRC-03, this EESS
    allocation was limited to areas outside the United States, based on
    Department of Defense concerns about the protection of its
    radiolocation systems. Orbcomm requests satellite transmissions only
    when within line-of-sight of three earth stations authorized by the
    Administrations of Germany or Russia (at Kaluga and Omsk), except
    for an initial 435 MHz beacon signal transmitted immediately after
    launch, until acquired by an earth station that commands the
    satellite to cease beacon transmissions. In the United States, the
    band is allocated to the radiolocation service on a primary basis
    for Federal use, and to the amateur service on a secondary
    basis.[^46] In addition, the band is allocated for amateur satellite
    service both in the United States and internationally.[^47]

17. The proposed Orbcomm TT&C links will communicate with two existing
    earth stations in Russia and possibly a third in Germany. Orbcomm
    plans to transfer all TT&C operations to its regular in-band Little
    LEO gateway links on the communications payloads once the initial
    deployment and testing phase for the spacecraft is complete,
    anticipating that this process will be complete within four weeks
    after launch.[^48] At that point, transmissions over the 435 MHz
    frequency band will be disabled, not to be used again except in the
    case of emergency restoration operations in the event of a gateway
    link failure, in which case restoration TT&C operations would be
    very limited in time, perhaps involving a single pass of the
    affected satellite over Earth while the satellite communications
    payload is "rebooted." Orbcomm also observes that amateur radio
    satellites have operated successfully in this frequency band without
    causing harmful interference, and Orbcomm notes that the EESS was
    permitted to conduct short duration pre-operational testing in this
    band.[^49] Orbcomm asserts that its limited use of this band for
    pre-operational testing of satellites with earth stations in Russia
    and Germany is similar to the limited duration permissible use of
    the band by NASA for pre-operational testing.[^50]

18. Orbcomm seeks a waiver of the Commission's rules to the extent
    necessary to conduct TT&C operations in the band for a short term
    after launch of its first phase of six satellites.[^51] Orbcomm
    explains that expedited construction of the first phase satellites
    was made possible by installing main communications payload
    components, already constructed by its original satellite
    manufacturer, in satellite buses already constructed by Polyot, a
    leading Russian satellite manufacturer.[^52] Consequently, Orbcomm
    stresses that its satellites are prepared for launch in the very
    near future. The requested 435 MHz TT&C links are an embedded
    component of the Polyot satellite bus design, providing the only
    TT&C connectivity available during the initial spacecraft deployment
    phase, and are required to command deployment of the buses and the
    Orbcomm communications payload, including the communications payload
    antenna.[^53]

19. Orbcomm's proposed short-term space station TT&C operations are
    consistent with operating on a non-harmful interference basis.
    Accordingly we condition Orbcomm's authority in this band to provide
    that Orbcomm shall not cause, and cannot claim protection from,
    harmful interference. We note that Orbcomm relates that Polyot, the
    Russian manufacturer of the satellite buses for these six
    satellites, has employed these frequencies and the two Russian earth
    stations for a number of prior successful launches, reportedly
    without causing any harmful interference.[^54] We also note that
    existing allocations in this frequency band have provided for
    similar short-duration, pre-operational testing.

20. We find that waiver of two rules to grant Orbcomm's request is in
    the public interest. The first rule, Section 25.202(g), effectively
    limits operators to TT&C links in the same frequency bands as their
    primary service operations.[^55] The purpose of this rule is to
    simplify the coordination process for satellite systems, to provide
    an incentive for an operator to maximize the efficiency of its
    system's TT&C operations, and to minimize the constraints placed on
    other satellite operations.[^56] We waive this rule based upon the
    extremely limited scope and duration of frequency use on a
    non-harmful interference basis and the limited nature of other
    satellite use of this band. The second rule, Section 25.112(a)(3),
    requires dismissal of applications seeking authority to operate in a
    frequency band not allocated under the International
    Telecommunication Union Radio Regulations.[^57] In adopting that
    rule, the Commission sought to avoid delays in the initiation of
    service caused by applications being filed years before necessary
    allocations were adopted.[^58] Because Orbcomm is not seeking to
    operate in the 435 MHz frequency band pursuant to an allocation, but
    will operate on a non-harmful interference basis with respect to any
    allocated services in the band, that concern is not relevant in this
    case. Accordingly, we also waive Section 25.112(a)(3).

## Procedural Matters

21. In its modification application, Orbcomm indicates that
    authorization of the proposed new satellites will effectively render
    moot its pending milestone extension requests relating to the 12
    satellites authorized in the *Additional Satellites
    Authorization*.[^59] As a result, we dismiss the milestone extension
    applications. Orbcomm is no longer authorized to launch and operate
    12 additional satellites under prior grants, and its future
    operations will be governed by the authority granted in this Order.

# ORDERING CLAUSES

22. Accordingly, IT IS ORDERED that the application of Orbcomm License
    Corp. to modify its license (Call Sign S2103) for a non-voice,
    non-geostationary satellite orbit mobile satellite system, File No.
    SAT-MOD-20070531-00076, and SAT-AMD-20071116-00161, IS GRANTED, and
    Orbcomm License Corp. IS AUTHORIZED to construct, launch, and
    operate six satellites capable of operating in the 137-138 MHz and
    148-150.05 MHz frequency bands, receiving in the 161-163 MHz
    frequency band, and operating with bi-directional tracking,
    telemetry and control links on two half-duplex, bi-directional 15
    kHz channels operating at 435.465 MHz and 435.515 MHz center
    frequencies, in accordance with the technical specifications set
    forth in its application and in compliance with Commission Rules,
    unless expressly waived, and subject to the following conditions:

    a\. Operations in the frequency bands designated for Orbital
    Communications Corporation in the spectrum sharing plan adopted in
    the *Report and Order* in "Amendment of Part 25 of the Commission's
    Rules to Establish Rules and Policies Pertaining to the Second
    Processing Round of the Non-Voice, Non-Geostationary Mobile
    Satellite Service," FCC 97-370, 13 FCC Rcd 9111, generally including
    the 148-148.25 MHz, 148.75-148.855 MHz, and 148.905-149.9 MHz uplink
    frequency bands, and the 137.175-137.3275 MHz, 137.4225-137.4725
    MHz, 137.535-137.585 MHz, 137.650-137.750 MHz and 137.7875-137.8125
    MHz downlink frequency bands shall be on a primary basis. Operations
    on other frequencies in the 137-138 MHz and 148-150.05 MHz frequency
    bands are authorized, subject to Orbcomm License Corp. operating
    using only frequency bands assigned to it on a primary basis,
    consistent with the spectrum sharing plan adopted by the Commission
    in that *Report and Order*, upon commencement of operations by
    another U.S.-licensed non-voice, non-geostationary mobile satellite
    system.

    b\. Operations in the 161.9625-161.9875 MHz and 162.0125-162.0375
    MHz frequency bands are on a non-harmful interference basis, meaning
    that Orbcomm License Corp. shall not claim protection from
    interference caused to it by any other lawfully operating
    radiofrequency operations.

    c\. Tracking, Telemetry & Control operations at 435 MHz, after
    initial acquisition of the beacon signal transmitted immediately
    after launch, shall be limited to transmissions within line-of-sight
    with up to three earth stations authorized by the Administrations of
    Germany or Russia (at Kaluga and Omsk) for a period of four weeks
    following launch, and for emergency restoration thereafter, and are
    on a non-harmful interference basis, meaning that Orbcomm License
    Corp. shall not claim protection from interference caused to it by
    any other lawfully operating radiofrequency operations.

    d\. Launch of these six satellites shall be completed no later than
    March 21, 2009.

23. IT IS FURTHER ORDERED that Orbcomm License Corp. IS AUTHORIZED to
    construct, launch, and operate 18 satellites capable of operating in
    the 137-138 MHz and 148-150.05 MHz, and 400.15-401 MHz frequency
    bands, and of receiving in the 161-163 MHz frequency band, in
    accordance with the technical specifications set forth in its
    application and in compliance with the Commission\'s Rules, unless
    expressly waived, and subject to the following conditions:

    a\. Operations in the frequency bands designated for Orbital
    Communications Corporation in the spectrum sharing plan adopted in
    the *Report and Order* in "Amendment of Part 25 of the Commission's
    Rules to Establish Rules and Policies Pertaining to the Second
    Processing Round of the Non-Voice, Non-Geostationary Mobile
    Satellite Service," FCC 97-370, 13 FCC Rcd 9111, generally including
    the 148-148.25 MHz, 148.75-148.855 MHz, and 148.905-149.9 MHz uplink
    frequency bands, and the 137.175-137.3275 MHz, 137.4225-137.4725
    MHz, 137.535-137.585 MHz, 137.650-137.750 MHz and 137.7875-137.8125
    MHz downlink frequency bands, and in the frequency bands described
    as "System 1" in that same *Report and Order,* generally including
    the 148-148.25 MHz, 148.75-148.855 MHz, 148.905-149.81, and 150.05
    MHz uplink frequency bands, and the 137-137.025 MHz, and
    400.15-400.505, and 400.645-401 MHz downlink frequency bands, shall
    be on a primary basis. Operations on other frequencies in the
    137-138 MHz and 148-150.05 MHz frequency bands are authorized,
    subject to Orbcomm License Corp. operating using only frequency
    bands assigned to it on a primary basis, consistent with the
    spectrum sharing plan adopted by the Commission in that *Report and
    Order*, upon commencement of operations by another U.S.-licensed
    non-voice, non-geostationary mobile satellite system.

    b\. Operations in the 161.9625-161.9875 MHz and 162.0125-162.0375
    MHz frequency bands are on a non-harmful interference basis, meaning
    that Orbcomm License Corp. shall not claim protection from
    interference caused to it by any other lawfully operating
    radiofrequency operations.

    c\. Operations in the 400.15-401 MHz frequency band will not
    commence until coordination is completed under footnote US324 of the
    U.S. Table of Frequency Allocations.

    d\. The authorization for these 18 satellites shall become null and
    void with no further action required on the Commission's part in the
    event that Orbcomm License Corp.'s space stations are not
    constructed, launched and placed into operation in accordance with
    the technical parameters and terms and conditions of this
    authorization by the following dates:

+----------------------------------------------------+-----------------+
| **Milestone**                                      | # De            |
|                                                    | adline {#deadli |
|                                                    | ne .unnumbered} |
+----------------------------------------------------+-----------------+
| Enter Non-contingent Satellite Manufacturing       | March 21, 2009  |
| Contract                                           |                 |
+----------------------------------------------------+-----------------+
| Complete Critical Design Review                    | March 21, 2010  |
+----------------------------------------------------+-----------------+
| Begin Physical Construction of All Satellites      | September 21,   |
|                                                    | 2011            |
+----------------------------------------------------+-----------------+
| Complete Construction and Launch First Two         | September 21,   |
| Satellites in System                               | 2012            |
+----------------------------------------------------+-----------------+
| Certify Entire System Operational                  | March 21, 2014  |
+----------------------------------------------------+-----------------+

Orbcomm License Corp. must file a performance bond with the Commission
in the amount of \$5 million, pursuant to the procedures set forth in
Public Notice, DA 03-2602, 18 FCC Rcd 16283 (2003), within 30 days of
the date of this grant, by April 21, 2008.

24. IT IS FURTHER ORDERED that Sections 25.112(a)(3) and 25.202(g) of
    the Commission's Rules, 47 C.F.R. §§ 25.112(a)(3) and 25.202(g), ARE
    WAIVED, to permit operations of bi-directional tracking, telemetry
    and control links for testing on two half-duplex, bi-directional 15
    kHz channels operating at 435.465 MHz and 435.515 MHz center
    frequencies, on the first six additional satellites launched,
    immediately after launch, and for a period of up to four weeks
    following launch, and for emergency restoration operations.

25. IT IS FURTHER ORDERED that Sections 2.102(a) and 2.106 of the
    Commission's Rules, 47 C.F.R. §§ 2.102(a) and 2.106, ARE WAIVED, for
    the purpose of permitting reception by satellites in the Orbcomm
    satellite system of maritime automatic identification system signals
    in the 161.9625-161.9875 MHz and 162.0125-162.0375 MHz frequency
    bands.

26. IT IS FURTHER ORDERED that Orbcomm License Corp.'s application, File
    No. SAT-MOD-20070302-00041, to modify the term of its license (Call
    Sign S2103), IS GRANTED, and Orbcomm License Corp. IS AUTHORIZED to
    continue the operations of its currently operational satellites, and
    to operate the additional satellites authorized by this *Order and
    Authorization*, for a term ending April 2025, provided that prior to
    launching any satellites as replacements for satellites in operation
    as of the date of this *Order and Authorization,* Orbcomm must seek
    and obtain prior FCC approval, through the filing of a license
    modification application demonstrating that the end-of-life disposal
    plans for such replacement satellites are consistent with
    appropriate limits.

27. IT IS FURTHER ORDERED that the applications of Orbcomm License Corp.
    to extend milestones, File No. SAT-MOD-20020329-00246 and File No.
    SAT-AMD-20020930-00247, are DISMISSED.

28. IT IS FURTHER ORDERED that the application of Orbcomm License Corp.
    for special temporary authority, File No SAT-STA-20070919-00127, IS
    DISMISSED.

29. IT IS FURTHER ORDERED that Orbcomm License Corp. is granted 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.

30. This *Order and Authorization* is issued pursuant to Sections 0.241
    and 0.261 of the Commission's rules on delegated authority, 47
    C.F.R. §§ 0.241 and 0.261, and is effective upon release.

> FEDERAL COMMUNICATIONS COMMISSION

Helen Domenici

Chief, International Bureau

> Julius Knapp
>
> Chief, Office of Engineering and Technology

[^1]: "Little LEO" commonly refers to a non-voice, non-geostationary
    satellite orbit mobile-satellite service system, operating in
    low-Earth orbit using the 137-138 MHz, 148-150.05 MHz, and
    400.15-401 MHz frequency bands.

[^2]: Orbital Communications Corp., *Order and Authorization*, 13 FCC
    Rcd 10828 (Int'l Bur. 1998) (*Additional Satellites Authorization*).

[^3]: *See* Orbital Communications Corp., *Order and Authorization*, 13
    FCC Rcd 17525 (Int'l Bur. Sat. and Radiocomm. Div. 1998) (Orbcomm
    was authorized to substitute one of the four orbital planes at 45°
    inclination for an equatorial plane (a plane at zero-degree
    inclination)). In 2002, Orbcomm was authorized to decrease the
    number of satellites in its two highly-inclined orbital planes, to
    operate a fourth plane of satellites at 45° inclination, and to
    increase the altitude of the satellites in the equatorial plane.
    Orbital Communications Corp. Application for Modification of its
    Authorization to Construct, Launch and Operate a Non-Voice,
    Non-Geostationary Mobile-Satellite System in the 137-138 and
    148-150.05 MHz Frequency Bands, *Order and Authorization*, 17 FCC
    Rcd 6337-38 ¶¶ 3-5 (Int'l Bur. 2002).

[^4]: Through space station failure and attrition in subsequent years,
    Orbcomm currently maintains a constellation of 30 operational
    satellites. *See* Orbcomm License Corp., IBFS File No.
    20070302-00041 at 3 (filed March 2, 2007) (Orbcomm License Extension
    Application).

[^5]: Orbcomm License Corp., IBFS File No. SAT-MOD-20020329-00246 (filed
    March 29, 2002) (March 2002 Extension Request). The International
    Bureau granted authority to assign the assets of the Orbcomm system
    to Orbcomm License Corp. and Orbcomm LLC, in connection with the
    licensee's bankruptcy reorganization. Application of Orbital
    Communications Corp. and Orbcomm Global, L.P. (Assignors) for
    Consent to Assign Non-Common Carrier Earth and Space Station
    Authorizations, Experimental Licenses, and VSAT Network to Orbcomm
    License Corp. and Orbcomm LLC (Assignees), *Order and
    Authorization*, 17 FCC Rcd 4496 (Int'l Bur. 2002).

[^6]: Orbcomm, LLC and Orbcomm License Corp., Request for Extension of
    Launch Authority, IBFS File No. SAT-AMD-20020930-00247 (filed Sept.
    30, 2002).

[^7]: Orbcomm License Extension Application.

[^8]: Modification Application of Orbcomm License Corp., IBFS File No.
    SAT-MOD-20070531-00076 (Modification Application). Orbcomm indicates
    that authorization of the proposed new satellites will effectively
    render moot its pending milestone extension requests relating to the
    12 satellites authorized in the *Additional Satellites
    Authorization.* Modification Application at 4, n. 8.

[^9]: Modification Application at 20 n. 32.

[^10]: Modification Application at 1 (requesting assignment of the
    "System 1" frequencies, as described in Amendment of Part 25 of the
    Commission's Rules to Establish Rules and Policies Pertaining to the
    Second Processing Round of the Non-Voice, Non-Geostationary Mobile
    Satellite Service, *Report and Order*, 13 FCC Rcd 9111, 9123-24 ¶¶
    28-30 (1997) (*Second Processing Round Report and Order*)).

[^11]: Letter from Robert G. Nelson, Chief, Satellite Division, to
    Stephen L. Goodman and Walter H. Sonnenfeldt, counsel for Orbcomm
    License Corp., DA 07-4160 (Oct. 5, 2007). The Commission noted
    Orbcomm's indication that it was considering uplink capabilities in
    the 400 MHz band, but this frequency band is allocated for
    space-to-Earth downlink transmissions only. *Id.* at 2.

[^12]: Orbcomm License Corp. Supplemental Authorization Request, File
    No. SAT-AMD-20071116-00161 (Amendment).

[^13]: Letter from Walter H. Sonnenfeldt, counsel for Orbcomm License
    Corp., to Robert Nelson, Chief, Satellite Division (Feb. 29, 2008).

[^14]: *See* 47 C.F.R. § 25.142(a)(5). Because the six non-geostationary
    satellites in the first phase of launch involve the same Little LEO
    frequencies and service areas as authorized, the bond requirements
    do not apply. 47 C.F.R. § 25.165(e).

[^15]: Modification Application at 11.

[^16]: Modification Application at 8-9.

[^17]: 13 FCC Rcd at 9123-24 ¶¶ 28-30.

[^18]: Modification Application at 33.

[^19]: Orbcomm's existing and new satellites will continue to operate
    with one 50 kHz feeder link in each direction, centered at 148.61
    MHz (uplink) and 137.56 MHz (downlink). Orbcomm does not request
    authority to operate feeder links in any other frequencies.
    Modification Application at 10-12.

[^20]: Modification Application at 34-37.

[^21]: 13 FCC Rcd at 10836 ¶ 19, 10844 ¶ 42.

[^22]: Footnote US 323 provides that: "In the 148-149.9 MHz band, no
    individual mobile earth station shall transmit, on the same
    frequency being actively used by fixed and mobile stations and shall
    transmit no more than 1% of the time during any 15 minute period;
    except, individual mobile earth stations in this band that do not
    avoid frequencies actively being used by the fixed and mobile
    services shall not exceed a power density of -16 dBW/4kHz and shall
    transmit no more than 0.25% of the time during any 15 minute period.
    Any single transmission from any individual mobile earth station
    operating in this band shall not exceed 450 ms in duration and
    consecutive transmissions from a single mobile earth station on the
    same frequency shall be separated by at least 15 seconds. Land earth
    stations in this band shall be subject to electromagnetic
    compatibility analysis and coordination with terrestrial fixed and
    mobile stations."

[^23]: *Second Processing Round Report and Order*, 13 FCC Rcd at 9122 ¶
    25.

[^24]: E-Sat, Inc., *Memorandum Opinion and Order*, 18 FCC Rcd 7662
    (Int'l Bur. 2003); Final Analysis Communication Services, Inc.,
    *Memorandum Opinion and Order*, 19 FCC Rcd 4768 (Int'l Bur. 2004);
    Leo One Worldwide, Inc., *Memorandum Opinion and Order*, 19 FCC Rcd
    5369 (Int'l Bur. 2004).

[^25]: *See* Policy Branch Information, Spectrum Available, *Public
    Notice*, Report No. SPB-202, DA 04-732, 19 FCC Rcd 4804 (Int'l Bur.
    Sat. Policy Br. 2004) (Final Analysis spectrum); Policy Branch
    Information, Spectrum Available, *Public Notice*, Report No.
    SPB-205, DA 04-791, 19 FCC Rcd 5368 (Int'l Bur. Sat. Policy Br.
    2004) (Leo One spectrum); Policy Branch Information, *Public
    Notice*, Report No. SPB-00334, DA 05-3278, 20 FCC Rcd 20273 (Int'l
    Bur. Sat. Policy Br. 2005) (VITA spectrum).

[^26]: Amendment of the Commission's Space Station Licensing Rules and
    Policies and Mitigation of Orbital Debris, *First Report and Order
    and Further Notice of Proposed Rulemaking*, IB Docket No. 02-34, 18
    FCC Rcd 10760, 10792 (2003) (*First Space Station Reform Order*).

[^27]: Because Orbcomm is assigned additional spectrum, we impose a
    satellite bond. This is consistent with our policy of imposing a
    bond on next generation satellites that are authorized to operate in
    additional satellite frequency bands. Amendment of the Commission's
    Space Station Licensing Rules and Policies, *First Order on
    Reconsideration and Fifth Report and Order*, IB Docket No. 02-34, 19
    FCC Rcd 12637, 12659 ¶59 (2004).

[^28]: Modification Application at 24-25.

[^29]: Footnote US 324 provides that: "Federal and non-Federal satellite
    systems in the 400.15-401 MHz band shall be subject to
    electromagnetic compatibility analysis and coordination."

[^30]: Modification Application at Form 312, Schedule S, block S2:
    Operating Frequency Bands.

[^31]: *See* ¶¶ 22(a), 23(a), infra.

[^32]: Modification Application at 20. The two frequency bands requested
    are 161.9625-161.9875 MHz (AIS 1 with a center frequency at 161.975
    MHz), and 162.0125-162.0375 MHz (AIS 2 with a center frequency at
    162.025MHz).

[^33]: Amendment of the Commission's Rules Regarding Maritime Automatic
    Identification Systems, *Report and Order and Further Notice of
    Proposed Rulemaking and Fourth Memorandum Opinion and Order*, WT
    Docket No. 04-344, 21 FCC Rcd 8892 (2006) (*Maritime Automatic
    Identification Systems FNPRM*).

[^34]: The bands 161.9625-161.9875 MHz and 162.0125-162.0375 MHz were
    allocated at WRC-07 to the mobile-satellite service (Earth-to-space)
    on a secondary basis for the reception of AIS emissions. COM4/332/20
    (WRC‑07).

[^35]: Modification Application at 40.

[^36]: Modification Application at 20, Amendment at 6.

[^37]: Modification Application at 3 n.5.

[^38]: Amendment at 6.

[^39]: *See* Section 1.3 of the Commission\'s rules, 47 C.F.R § 1.3.
    *See also* WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969) (*WAIT
    Radio*); Northeast Cellular Telephone Co., 897 F.2d 1164 (D.C. Cir.
    1990) (*Northeast Cellular*).

[^40]: *Northeast Cellular*, 897 F.2d at 1166.

[^41]: *WAIT Radio*, 418 F.2d at 1157.

[^42]: Fugro-Chance, Inc., *Order and Authorization*, 10 FCC Rcd 2860
    (Int'l Bur. 1995) (authorizing operations of receive-only mobile
    earth terminals in the 11.7-12.2 GHz band on a non-interference
    basis).

[^43]: The Commission is currently considering in its pending AIS
    rulemaking proceeding whether satellite AIS operations are
    inconsistent with the Table of Allocations and, if so, whether the
    Table should be amended. *See Maritime Automatic Identification
    Systems NPRM**, ***21 FCC Rcd at 8934 n.291. Grant of Orbcomm\'s
    waiver request is without prejudice to, and conditioned on, the
    outcome of that proceeding.

[^44]: 47 C.F.R. § 2.106. For frequency allocation purposes, the
    International Telecommunication Union (ITU) has divided the world
    into three Regions. ITU Region 1 includes Europe, Africa,
    territories of the former U.S.S.R. in Asia, as well as portions of
    the Arctic, Atlantic and Pacific Oceans. ITU Region 2 includes North
    and South America. ITU Region 3 includes Southern Asia, Australia,
    New Zealand, and some Pacific Islands. Section 2.104 of the
    Commission\'s rules provides a detailed description of the ITU
    Regions along with a map of the world with designations of
    respective ITU Regions. 47 C.F.R. § 2.104.

[^45]: Amendment of Parts 2, 25, and 73 of the Commission's Rules to
    Implement Decisions from the World Radiocommunication Conference
    (Geneva, 2003) (WRC-03) Concerning Frequency Bands Between 5900 kHz
    and 27.5 GHz and to Otherwise Update the Rules in this Frequency
    Range, *Report and Order*, ET Docket No. 04-139, 20 FCC Rcd 6570,
    6614 (2005) (*WRC-03 Implementing Order*). At the request of the
    National Telecommunications and Information Administration (NTIA),
    the Commission also allocated the band to EESS on a secondary basis
    for Federal use, and required that space stations operating under
    the allocation not cause harmful interference to, nor claim
    protection from, the radiolocation, amateur, and amateur-satellite
    services in the United States. *WRC-03 Implementing Order*, 20 FCC
    Rcd at 6616. The Commission explained that this action would permit
    the National Aeronautics and Space Administration (NASA) to perform
    limited pre-operational testing of its systems within line-of-sight
    of its U.S. control stations. *Id.*

[^46]: 47 C.F.R. § 2.106, footnotes G2, US217, and US7. *See also*,
    *WRC-03 Implementing Order*, 20 FCC Rcd at 6614.

[^47]: 47 C.F.R. § 2.106 footnote 5.282; ITU Radio Regulations Note
    5.282.

[^48]: Amendment at 4. Orbcomm's current in-band TT&C operations are
    conducted on a 50 kHz uplink centered on 149.61 MHz, and a 50 kHz
    downlink centered on 137.67 MHz. Modification Application at 10.

[^49]: 47 C.F.R. § 2.106 US footnote 397.

[^50]: Amendment at 5. *See* WRC*-03 Implementing Order*, 20 FCC Rcd at
    6616.

[^51]: Modification Application at 3 n.6, Amendment at 4.

[^52]: Amendment at 3.

[^53]: Amendment at 3.

[^54]: Amendment at 3.

[^55]: Wireless Operations in the 3650-3700 MHz Band, *Report and Order
    and Memorandum Opinion and Order*, ET Docket No. 04-151, 20 FCC Rcd
    6502, 6533 ¶ 87 (2005) (*Extended C-Band Order*).

[^56]: *Id.*

[^57]: 47 C.F.R. § 25.112(a)(3).

[^58]: *First Space Station Reform Order*, 18 FCC Rcd at 10809 ¶ 124.

[^59]: Modification Application at 4 n.8.