Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In re application of             | *  | File No. 423-DSE-P/L-96      |
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| U.S. Leo Services, Inc.          | ** |                              |
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| For blanket authority to         | *  |                              |
| construct and operate up         | *) |                              |
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| to 200,000 portable handheld     |    |                              |
| earth stations for               | *  |                              |
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| use with the IRIDIUM System in   | ** |                              |
| the 1616-1626.5 MHz band         |    |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: April 12, 2002 Released: April 12, 2002**

By the Chief, International Bureau:

# 

1.  TRW Inc. filed a "Petition for Clarification and/or Reconsideration"
    of the grant of authority to U.S. Leo Services, Inc. ("U.S. Leo")
    for operation of the Iridium mobile satellite system's handheld
    earth terminals. [^1] The Iridium system provides two-way voice
    communication via non-geostationary satellites. The Iridium handset
    license authorizes transmission on assigned frequencies in the
    1621.35-1626.5 MHz band. At the time it filed the petition for
    reconsideration, TRW was one of four companies licensed to operate
    in the adjacent 1610-1621.35 MHz band.[^2] For the reasons that
    follow, we deny TRW's petition.

2.  *Out-of-band emissions limit*. U.S. Leo represented in its
    application that the Iridium handsets' out-of-band emissions in the
    adjacent 1610-1621.35 MHz band would not exceed limits specified in
    a draft standard published by the European Telecommunications
    Standards Institute (\"ETSI\") in April, 1996.[^3] The International
    Bureau expressly conditioned the license grant on adherence to the
    limits identified by U.S. Leo.[^4]

3.  TRW points out that ETSI published a revised version of the draft
    standard shortly before the Bureau issued the *Handset Order*. TRW
    asks the Bureau to resolve an alleged ambiguity in the license terms
    by ruling that the lridium handsets must meet the limits specified
    in the later publication. In opposition, U.S. Leo argues that there
    is no justification for the requested ruling, as TRW admits that the
    difference between the successively-published draft standards has no
    material bearing on the sufficiency of protection for mobile
    satellite systems in the 1610-1621.35 MHz band.[^5]

4.  The license condition requiring adherence to out-of-band emission
    limits pertains to the limits detailed in the April 1996
    publication, which U.S. Leo reproduced in a May 20, 1996 application
    amendment. By the terms of its amended application, U.S. Leo simply
    proposed to meet those particular limits, regardless of their
    subsequent status in ETSI proceedings. We find that there is no
    ambiguity as to the limits that U.S. Leo must meet, and TRW has not
    shown that there is any justification for changing the required
    limits on reconsideration.

5.  *Prevention of violations*. The *Handset Order* authorized U.S. Leo
    to construct handsets capable of operating in the 1616-1626.5 MHz
    band, but limited domestic operation of those terminals to the
    1621.35-1626.5 MHz band.[^6] TRW urges the Bureau to declare that if
    improper Iridium handset operation is detected U.S. Leo will be
    immediately required to take any step necessary to prevent further
    violations, even if that would necessitate shutting down the Iridium
    system. In the alternative, TRW asks the Bureau to reconsider its
    decision to allow Iridium handsets to be constructed with the
    capability of transmitting on frequencies below 1621.35 MHz.

6.  The Commission will take appropriate actions in response to any
    complaint that Iridium handsets are operating in violation of FCC
    rules or the terms of the license. We see no need to further address
    at this point potential remedies for hypothetical violations.

7.  TRW's alternative request for reconsideration of the *Handset
    Order*'s authorization to construct handsets with the capability of
    operating in the 1616-1621.35 MHz band is untimely. In the Big LEO
    rulemaking, the Commission declared that licensees would be
    permitted to construct systems "capable of operating across the
    entire band allocated for \[the\] system architecture, that is, . .
    . 1616-1626.5 MHz for \[a system with the Iridium system's
    characteristics\]."[^7] TRW did not seek reconsideration concerning
    this issue, and has not presented any argument to justify departing
    from that policy.

8.  Accordingly, IT IS ORDERED that the Petition of TRW, Inc. for
    Clarification and/or Reconsideration in Part IS DENIED.

    FEDERAL COMMUNICATIONS COMMISSION

    Donald Abelson

    Chief, International Bureau

[^1]: *U.S. Leo Services. Inc.* (Order and Authorization), 11 FCC Rcd
    20474 (1996) ("*Handset Order*"). U.S. Leo later assigned the
    handset license to an affiliated company, *see* File No.
    1044-DSE-AL-98, granted July 31, 1998. The Commission subsequently
    approved a further assignment of the license to new owners pursuant
    to a bankruptcy sale. *Space Station System Licensee, Inc., et al.*
    (Memorandum Opinion, Order and Authorization), DA 02-307 (rel. Feb.
    8, 2002).

[^2]: *TRW Inc.* (Order and Authorization), 10 FCC Rcd 2263 (1995). TRW
    has since surrendered its authorization.

[^3]: *See* letter amendment to 423-DSE-P/L-96 filed May 20, 1996.

[^4]: *Handset Order* at 20479 ¶13 and 20481 ¶18.

[^5]: TRW stated that the later publication "is not believed to be
    materially different from the earlier ... document." Petition of TRW
    Inc. for Clarification and/or Reconsideration in Part, filed Dec.
    26, 1996, at p.2.

[^6]: *Handset Order* at 20481 ¶¶ 17 and 18.

[^7]: *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* (Report and Order), 9
    FCC Rcd 5936 at 5958 ¶52 (1994). *See also TRW, Inc.*, *supra*, 10
    FCC Rcd at 2266 ¶¶ 23-24 (authorizing TRW to construct a system
    capable of operating uplinks throughout the 1610-1626.5 MHz band,
    but limiting uplink operations to the 1610-1621.35 MHz band).