**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No.                     |
|                                  | *) | SAT-MOD-20040728-00151       |
| DigitalGlobe, Inc.               | ** |                              |
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| Modification of Authorization to | *  |                              |
| Construct, Launch and Operate a  | *) |                              |
| Remote-Sensing Satellite System  | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted: September 30, 2005 Released: September 30, 2005**

By the Acting Chief, Satellite Division, International Bureau:

# Introduction

1.  In this Order, we grant DigitalGlobe, Inc.'s (DigitalGlobe)
    application to modify its authorization for its Earth Exploration
    Satellite Service (EESS), nongeostationary orbit (NGSO) satellite
    system.[^1] Specifically, we authorize DigitalGlobe to add three
    NGSO remote-sensing satellites, which will operate in the 8025-8400
    MHz frequency bands, to its EESS system.[^2] We also grant
    DigitalGlobe's request for a waiver of the modified processing round
    procedure for considering NGSO applications,[^3] and consider
    DigitalGlobe's application pursuant to the first-come, first-served
    procedure adopted in the *First Space Station Licensing Reform
    Order*.[^4] Grant of this application will allow for the delivery of
    enhanced next-generation imaging services to government and
    commercial users. This in turn will enhance national security,
    environmental monitoring and forecasting functions.

# BackgrounD

## Original License

2.  In 1995, the International Bureau (Bureau) initially authorized
    DigtalGlobe[^5] to construct, launch and operate a remote-sensing
    satellite system in the EESS.[^6] This system consisted of two
    satellites, EarlyBird-1 and EarlyBird-2, which were authorized to
    operate in the 8305-8340 MHz frequency bands for EESS service, and
    in the 401.47-401.53 MHz (downlink) and 402.70-402.74 (uplink) MHz
    bands for tracking, telemetry and control (TT & C) operations.[^7]
    In December 1997, EarlyBird-1 was lost due to an in-orbit
    failure.[^8] DigitalGlobe decided not to proceed with the launch of
    EarlyBird-2.[^9]

3.  In April 1997, the Bureau granted DigitalGlobe a modification of its
    license to add two satellites, QuickBird-1 and QuickBird-2, to its
    EESS system. QuickBird-1 and QuickBird-2 were authorized to operate
    in the 8025-8345 MHz (downlink) frequency bands for EESS
    service.[^10] The Bureau also authorized DigitalGlobe to perform
    downlink TT & C operations for these two satellites in a 4.2
    megahertz channel centered at 8030 MHz, and uplink TT & C operations
    in a 30 kilohertz channel in the 2025-2110 MHz band.[^11] In
    November 1997, the Bureau granted DigitalGlobe authority to add a
    300 kHz channel at each of the 2085.6875 MHz and 2094.896 MHz center
    frequencies.[^12] In November 2000, QuickBird-1 was lost, due to a
    launch failure.[^13] Subsequently, DigitalGlobe launched QuickBird-2
    successfully, renaming the satellite QuickBird-1.[^14]
    DigitalGlobe's current EESS system authorization consists of one
    in-orbit satellite, QuickBird-1.[^15]

## Modification Application 

4.  On July 28, 2004, DigitalGlobe filed an application to add three new
    NGSO satellites - WorldView 110A, WorldView 110B and WorldView 60 -
    and two on-ground spares to its EESS system. In its application,
    DigitalGlobe requests authority to operate these new satellites
    throughout the entire 375 megahertz of spectrum in the 8025-8400 MHz
    frequency band allocated for EESS space-to-Earth transmission.[^16]
    DigitalGlobe states that it can operate in this spectrum without
    causing interference to users in adjacent bands due to advances in
    sensor technology and satellite transmitting equipment.[^17]
    DigitalGlobe also requests a waiver of the modified processing round
    procedure for considering NGSO-like applications and requests that
    we consider its application pursuant to the first-come first-served
    procedure adopted in the *First Space Station Licensing Reform
    Order.*[^18]

5.  DigitalGlobe also seeks authority to update its EESS system by
    incorporating certain technical modifications to its remote-sensing
    operations.[^19] According to DigitalGlobe, such modifications are
    necessary to accommodate advances in remote-sensing satellite
    technology that have occurred since DigitalGlobe was first
    authorized to operate an NGSO EESS system. Specifically,
    DigitalGlobe seeks authority to: (1) modify its TT&C narrowband
    uplink in the S-band to 128 kilohertz of bandwidth at 2085.6875
    MHz[^20] and its TT & C downlink to a 2 megahertz channel at 8030
    MHz; (2) operate its WorldView 60 satellite in an orbital altitude
    (*i.e.*, apogee and perigee) within 475-449 kilometers and with an
    inclination of 97.2 degrees; (3) operate its WorldView 110A and
    WorldView 110B satellites in an orbital altitude within 795-769
    kilometers and with inclination of 98.5 degrees; (4) place the
    WorldView 110A satellite in orbit at an initial phase angle of 0º;
    and (5) place the WorldView 110B satellite in orbit at an initial
    phase angle of 180º.[^21] We placed DigitalGlobe's application on
    public notice. No comments were filed.

# DiscussioN

## Processing Procedure

6.  DigitalGlobe seeks a waiver of the modified processing round
    requirement, set forth in Sections 25.156 and 25.157 of the
    Commission's rules,[^22] 47 C.F.R. § 25.156 and 25.157, and requests
    that we process its application pursuant to the first-come first
    serve, procedure adopted for GSO-like satellite systems.[^23] To
    accommodate multiple NGSO systems, which generally cannot operate on
    shared spectrum, the modified processing round procedure employs
    frequency band segmentation to assign spectrum among operators.
    DigitalGlobe argues that band segmentation is not necessary here
    because EESS NGSO systems can share the same frequency bands.[^24]
    DigitalGlobe asserts that EESS systems use tracking earth stations
    that provide discrimination between the target EESS satellite and
    potentially interfering satellites.[^25] This means that EESS
    operators can operate on the same spectrum by downloading data from
    the satellites at different times or by downloading to earth
    stations in different geographic areas. In this regard, DigitalGlobe
    maintains EESS NGSO applications are more akin to GSO applications
    because NGSO EESS systems do not preclude additional EESS systems
    from operating in the same spectrum.[^26] DigitalGlobe also notes
    that the Commission has currently authorized a number of competing
    EESS systems to use overlapping spectrum based on the ability of
    such licensees to coordinate their operations.[^27]

7.  The Commission's rules may be waived when good cause is
    demonstrated.[^28] The Commission may exercise its discretion to
    waive a rule where the particular facts make strict compliance
    inconsistent with the public interest.[^29] In doing so, the
    Commission may take into account considerations of hardship, equity,
    or more effective implementation of overall policy on an individual
    basis.[^30] Commission rules are presumed valid, however, and an
    applicant for waiver bears a heavy burden.[^31] Waiver of the
    Commission's rules is therefore appropriate only if special
    circumstances warrant a deviation from the general rule, and such a
    deviation will serve the public interest.[^32]

8.  We conclude that there are special circumstances warranting a waiver
    of the modified processing round requirements. The Commission
    previously granted an NGSO-like EESS operator a waiver of the
    modified processing round rules in the *Space Imaging Order.*[^33]
    In that Order, the Bureau determined that authorizing an EESS
    licensee to operate in a particular frequency band does not preclude
    other EESS licensees from operating in that band.[^34] Moreover,
    such an authorization does not cause harmful interference to other
    EESS systems currently operating in band.[^35] As a result, the
    Commission found there was no need to conduct a modified processing
    round for the requested spectrum and granted Space Imaging a waiver
    of the processing round requirement. Based on our review of
    DigitalGlobe's application, which presents similar circumstances, we
    conclude that DigitalGlobe's application warrants GSO-like
    treatment. We therefore waive Sections 25.156 and 25.157 of the
    Commission\'s rules[^36] and consider DigitalGlobe's application
    under the first-come, first-served licensing procedure.

## Legal Issues

### Standard for Modifications

9.  The Commission has traditionally designed its satellite licensing
    policies to be flexible enough to allow satellite operators to
    respond to changing technological, market, and regulatory
    conditions.[^37] In particular, the Commission has determined that
    spacecraft design decisions should be left to each space station
    licensee, because the licensee is in a better position to determine
    how to tailor its system to meet the particular needs of its
    customer base.[^38] If a proposal will not cause interference to
    other licensed operations, the Commission generally authorizes it if
    it is otherwise in the public interest.[^39]

10. DigitalGlobe maintains that its proposed modification will promote
    the development of a next-generation remote-sensing system capable
    of meeting future imagery needs of the United States for homeland
    security and civil uses.[^40] DigitalGlobe further maintains that
    its proposal is expressly supported by the United States government
    as evidenced by the contract between DigitalGlobe and the National
    Geospatial-Intelligence Agency (NGA) for the construction of a
    satellite system and the provision of data for national security
    purposes.[^41] We agree with DigitalGlobe that its proposed
    modification will enhance competition in the market for commercial
    remote-sensing data and contribute to national security efforts
    without creating additional interference. Accordingly, we grant this
    modification request, subject to the conditions set forth below.

### Milestones

11. In the *First Space Station Licensing Reform Order*, the Commission,
    noting that milestones are intended to ensure that licensees provide
    service to the public in a timely manner and to prevent warehousing
    of scarce orbit and spectrum resources, codified its generic
    milestone policy in Section 25.164 of its rules.[^42] The Commission
    has previously imposed milestone schedules on EESS licensees that
    have applied for modifications to add new satellites to their
    existing remote-sensing system authorizations.[^43] Consistent with
    this precedent, we require DigitalGlobe to construct, launch and
    place its authorized satellites into operation in accordance with
    the technical parameters and terms and conditions of this
    authorization by the specified time periods prescribed in Section
    25.164(b) for NGSO-like systems. Failure to meet any of those dates
    shall render this authorization null and void.

### Bond

12. In the *Space Station Licensing Reform Order*, the Commission
    eliminated the financial requirements then in place and replaced
    them with a bond requirement. The bond requirement is intended to
    ensure that licensees are financially able and committed to
    implementing their licensed systems in a timely manner. Under this
    requirement, any entity awarded a satellite license must execute a
    performance bond, payable to the U.S. Treasury, within 30 days of
    the date of the license grant. The bond is payable upon failure to
    meet any of the implementation milestones included in every license,
    where adequate justification for extending that milestone is not
    provided. Licensees may reduce the amount of the bond upon meeting
    each milestone.

13. We find that DigitalGlobe must file a bond for its next-generation
    satellite system, for two reasons. First, in the *Space Station
    Licensing Reform First Reconsideration Order*[^44] the Commission
    clarified that satellite operators are not exempt from the bond
    requirement in circumstances where they propose to operate a
    next-generation satellite system using additional frequencies for
    which they are not currently authorized.[^45] This is to ensure that
    licensees are committed to implementing all the spectrum on the
    next-generation system.[^46] By posting a bond payable if the
    licensee does not implement the additional spectrum, we ensure that
    it is not "warehousing" the spectrum to use in the unlikely event
    "best case" demand scenarios materialize or to delay competitors
    from using it. Here, although properly filed as a modification to
    add additional NGSO satellites to a licensed NGSO constellation,
    DigitalGlobe is in fact requesting authority to launch and operate
    three new satellites in frequency bands that are not part of its
    current system authorization. Therefore, DigitalGlobe is required to
    post a bond.[^47]

## Technical Issues

### Default Service Rules 

14. In the *First Space Station Licensing Reform Order*, the Commission
    determined that it would consider applications for satellite service
    after a particular domestic frequency allocation had been adopted,
    but prior to the adoption of frequency-band-specific service rules
    for that allocation. As part of this policy, the Commission
    established a set of "default service rules," which apply to
    satellite facilities that operate in frequency bands in which the
    Commission has yet to adopt service-specific rules. In adopting the
    default rules, the Commission stated that where the default rules
    are not appropriate in a particular case, they would be superceded
    by subsequently adopted service rules.[^48]

15. Although the Commission has not adopted band specific service rules
    for EESS NGSO operations in the X-band, the Commission has
    previously granted a waiver of the default service rules in Section
    25.217(b) to an NGSO EESS system licensee. Specifically, in the
    *Space Imaging Order*, the Commission concluded that EESS in the
    X-band operators are required to comply with technical requirements
    in Part 2 of the Commission's rules,[^49] and the applicable ITU
    rules. Based on its determination that these requirements have been
    sufficient in the past to prevent harmful interference in the
    X-band, the Bureau declined to impose additional technical
    requirements on X-band operations and granted Space Imaging a waiver
    of Section 25.217(b) of the Commission rules.[^50] For the same
    reasons, we grant DigitalGlobe a waiver of the default service rules
    contained in Section 25.217(b) of the Commission's rules.

### QuickBird-1 Frequency Assignment

16. In the narrative section of its application, DigitalGlobe requests
    authority to increase the spectrum currently authorized to
    QuickBird-1 from 320 megahertz to 375 megahertz. DigitalGlobe failed
    to provide the supporting technical information necessary to allow
    us to act on this request. In particular, we note that DigitalGlobe
    provided specific technical information for its spectrum assignment
    requests for WorldView 110B, WorldView 110A, and WorldView 60, but
    omitted similar information specific to QuickBird-1. We require
    specific technical information such as the emission designator,
    assigned bandwidth and signal modulation parameters so that we may
    begin the interagency coordination process that ensures commercial
    and government operations in the X-band do not interfere with each
    other. Without this technical information, we cannot authorize
    DigitalGlobe's request to operate QuickBird-1 in the 8345-8400 MHz
    band and dismiss that portion of its application without prejudice
    to refilling.

### Tracking, Telemetry & Control 

17. DigitalGlobe proposes to operate a 128 kilohertz channel at the
    2085.6875 MHz center frequency for its uplink TT & C operations. In
    the U.S. Table of Frequency Allocations, this band is allocated to
    authorized non-government systems operating in the EESS for
    Earth-to-space transmission.[^51] Specifically, US Footnote 347
    allows EESS operations in this band on a non-interference basis with
    other allocated services. We note that DigitalGlobe's proposed use
    of the 128 kHz channel at 2085.6875 MHz for uplink TT & C is similar
    to the authorized uplink TT & C for QuickBird-1, except that the
    proposed 128 kilohertz bandwidth is smaller than the bandwidth for
    which QuickBird-1 is currently authorized (300 kilohertz). Thus, we
    apply the same conditions imposed on QuickBird-1's S-band operations
    to the WorldView-110A, WorldView-110B and WorldView-60 satellites.
    Specifically, DigitalGlobe will be required to conduct its TT & C
    operation in the 2085.6235-2085.7515 MHz frequency band on a
    non-harmful interference basis with respect to all other systems
    operating on a primary or secondary basis, in accordance with the
    U.S. Table of Frequency Allocations.

18. DigitalGlobe also proposes to use a 2 megahertz channel at the 8380
    MHz center frequency for its downlink TT & C for WorldView-60,
    WorldView-110A, and WorldView-110B. This proposed 2 megahertz
    bandwidth channel is smaller than the bandwidth for which
    DigitalGlobe is currently authorized for downlink TT & C operations
    with QuickBird-1, *i.e.,* a 4.2 megahertz channel at the 8030 MHz
    center frequency. As such, DigitalGlobe's proposed operations will
    not increase the potential for interference with other operators in
    these bands. Accordingly, we grant DigitalGlobe authority to conduct
    its downlink TT & C operations for its WorldView-60, WorldView-110A,
    and WorldView-100B on a 2 megahertz channel at the 8380 MHz
    frequency.

### Orbital Parameters

19. DigitalGlobe proposes to operate its three new satellites at the
    following orbital parameters: (1) WorldView 60 at an orbital
    altitude of 475-449 km, an inclination[^52] of 97.2º degrees, and an
    initial phase angle[^53] of 0º, (2) WorldView 110A at an orbital
    altitude of 795-769 km, an inclination of 98.5º degrees, and an
    initial phase angle of 0º; (3) WorldView 110B at an orbital altitude
    of 795-769 km, an inclination of 98.5º degrees, and an initial phase
    angle of 180º.[^54]

20. We find that these proposed technical modifications do not present
    an increased risk of harmful interference to other operators in the
    X-band and are not otherwise inconsistent with the public interest.
    We therefore grant DigitalGlobe authority to operate its new
    satellites it accordance with its proposed orbit parameters.

### Sharing Issues in the 8025-8400 MHz Band 

21. As noted above, DigitalGlobe proposes to operate in the 8025-8400
    MHz frequency band to transmit data collected from its satellites
    for transmission to its receiving earth stations. In the U.S. Table
    of Frequency Allocations, the 8025-8400 MHz frequency band is
    allocated by footnote on a primary basis to non-government EESS in
    the United States, subject to a case-by-case electromagnetic
    analysis of compatibility with United States government and other
    authorized operations in the band.[^55] This frequency band also is
    allocated on a co-primary basis to government Fixed, Fixed-Satellite
    (FSS), and EESS, and on a secondary basis to government
    Mobile-Satellite Service (MSS). In addition, the 8175-8215 MHz band
    is allocated on a co-primary basis to government
    Meteorological-Satellite (Earth-to-space) service (MetSat). We
    address the sharing criteria as it relates to each of these services
    below.

22. *Sharing with Government Operations.* We have coordinated
    DigitalGlobe's proposed operations with NTIA through the frequency
    assignment and coordination practices established by NTIA and the
    Interdepartment Radio Advisory Committee (IRAC). NTIA has approved
    DigitalGlobe's proposed operations with WorldView-110A,
    WorldView-110B, and WorldView-60.[^56]

23. *Sharing with Fixed Service Systems*. Generally, sharing between
    satellite downlinks and the fixed service is accomplished through
    power flux density (PFD) limits. The Commission's rules do not
    contain power flux-density limits for non-geostationary EEES
    satellite systems in the 8025-8400 MHz band. However, Table 21-4 of
    the ITU Radio Regulations states that the PFD at the Earth's surface
    produced by emissions from an EESS space station in this band,
    including emissions from a reflecting satellite, for all conditions
    and for all methods of modulation, shall not exceed the following
    values:

```{=html}
<!-- -->
```
1)  --150 dB(W/m^2^) in any 4 kHz band for angles of arrival between 0
    and 5 degrees above the horizontal plane;

2)  --150 + 0.5(δ-5) dB(W/m^2^) in any 4 kHz band for angles of arrival
    δ (in degrees) between 5 and 25 degrees above the horizontal plane;

3)  --140 dB(W/m^2^) in any 4 kHz band for angles of arrival between 25
    and 90 degrees above the horizontal plane;

    These limits relate to the power flux-density that would be obtained
    under assumed free-space propagation conditions. We have reviewed
    the PFD information provided by DigitalGlobe's in its application,
    and conclude that DigitalGlobe's proposed operations with
    WorldView-60, WorldView 110B, and WorldView 110A meet the ITU PFD
    limits.

```{=html}
<!-- -->
```
24. *Sharing with Earth-to-space FSS and MetSat Systems.* There is a
    potential for interference from the downlinks of DigitalGlobe's
    satellites into the uplinks of FSS and MetSat geostationary
    satellites in the 8025-8400 MHz band. To provide adequate protection
    to the FSS and MetSat uplinks Article 22.5 Section 4 of the ITU
    Radio Regulations contains a PFD limit at the geostationary
    orbit.[^57] Based on our review of the technical information
    DigitalGlobe provided in its application,[^58] we find that
    DigitalGlobe's proposed operations comply with the ITU limits.

25. *Sharing with other EESS systems*. Interference between EESS systems
    operating in this band occurs very infrequently, if at all, due to
    the characteristics of the systems and their earth stations
    operating in the band. In cases where the potential for interference
    exists due to the orbits of the EESS space stations being such that
    they will pass through the earth station antenna beamwidth
    simultaneously, operational coordination can be pursued to ensure
    that there is no harmful interference between the systems. As the
    EESS satellite is programmed to transmit only to the Earth stations
    to which it is downloading data, the satellite can be programmed to
    avoid transmissions in the unlikely case that there is the potential
    for interference to another EESS downlink at a certain point in
    time. In the past, we have conditioned EESS licenses on the
    completion of this coordination.[^59] We grant this authorization
    subject to the same condition.

### Orbital Debris Mitigation

26. As part of its default service rules, the Commission adopted
    standards for end-of-life satellite disposal, designed to mitigate
    orbital debris.[^60] DigitalGlobe states that, as part of its
    authorization to operate a remote sensing satellite system under the
    Land Remote Sensing Policy Act,[^61] it filed a plan for
    post-mission disposal of its satellite system with the National
    Oceanic and Atmospheric Administration (NOAA). DigitalGlobe confirms
    that NOAA has already accepted its post-mission disposal plan and
    approved its operation of the next generation remote sensing
    satellite system covered by the instant application. Because is has
    previously filed a plan for mission disposal plan which has been
    approved by NOAA, DigitalGlobe requests a waiver of Section
    25.217(d) of the Commission's rules, which requires certain
    licensees to submit orbital debris mitigation disclosure with their
    applications.[^62]

27. We conclude that DigitalGlobe has demonstrated good cause for a
    waiver of the Commission's orbital debris disclosure
    requirements.[^63] In adopting the orbital debris disclosure
    requirements, the Commission specifically found that there was no
    additional benefit to reviewing the post‑mission disposal plans of
    commercial remote sensing satellite applicants when such plans are
    already subject to effective regulatory review by NOAA.[^64] Thus,
    the Commission concluded that, to the extent that a remote sensing
    satellite applicant has submitted its post‑mission disposal plans to
    NOAA for review and approval, the Commission would not require
    submission of such information.[^65] The Commission further stated,
    however, that with respect to elements of debris mitigation other
    than post‑mission disposal for which NOAA has not received
    information necessary for review and approval, it would require
    remote sensing satellite applicants to submit such information as
    part of an application for a Commission license, and would review
    any such aspects of a remote sensing applicant\'s debris mitigation
    plans that are outside the scope of NOAA review.[^66]

28. In this instance, DigitalGlobe has already submitted a post-mission
    disposal plan to NOAA as part of its licensing process.[^67] Thus,
    DigitalGlobe is not required to provide a full disclosure plan to
    the Commission. Moreover, based on our review of the supplemental
    Orbital Debris Mitigation statement provided in DigitalGlobe's
    application, we find that DigitalGlobe need not further supplement
    its NOAA post-mission disclosure plans at this time. Accordingly, we
    grant DigitalGlobe's request for waiver of Section 25.217(d) of the
    Commission's rules.

# Ordering clauses

29. Accordingly, IT IS ORDERED that, subject to the conditions set forth
    in this Order, Application File No. SAT-MOD-20040728-00151 IS
    GRANTED and DigitalGlobe, Inc. IS AUTHORIZED to construct, launch,
    and operate three additional space stations in the Earth Exploration
    Satellite Service to operate in the 8025-8400 MHz frequency band,
    and to conduct uplink tracking, telemetry and control (TT & C) in a
    128 kilohertz channel at 2085.6875 MHz center frequency and downlink
    TT & C in a 2 megahertz channel at 8380 MHz center frequency, in
    accordance with the technical parameters set forth in the its
    Application and the terms and conditions set forth in this Order.

30. IT IS FURTHER ORDERED that, unless extended by the Commission for
    good cause shown, this authorization will become null and void in
    the event the space stations are not constructed and launched in
    accordance with this application by the dates set forth in Section
    25.164(b) of the Commission's rules.

> A: Enter into a binding non-contingent contract to construct the
> licensed satellite system by October 2, 2006.
>
> B: Complete the Critical Design Review of the licensed satellite
> system by September October 1, 2007.
>
> C: Begin the construction of the first satellite by March 30, 2008.
>
> D: Launch and begin operations of the first satellite by March 30,
> 2009.
>
> E: Bring all the satellites in the licensed satellite system into
> operation by September 30, 2011.

31. IT IS FURTHER ORDERED that, DigitalGlobe Inc. must file a bond the
    Commission in the amount of \$5,000,000.00 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.

32. IT IS FURTHER ORDERED that, DigitalGlobe Inc.'s request to operate
    QuickBird-1 in the 8345-8400 MHz band is DISMISSED.

33. IT IS FURTHER ORDERED that, pursuant to Section 1.3 of the
    Commission's rules, 47 C.F.R. § 1.3 that DigitalGlobe, Inc. IS
    GRANTED a waiver of Sections 25.156 and 25.157 of the Commission's
    rules, 47 C.F.R. §§ 25.156, 25.157, to the extent necessary to
    enable the Bureau to consider its EESS application on a first-come,
    first-served basis as set forth in Section 25.158 of the
    Commission's rules, 47 C.F.R. § 25.158.

34. IT IS FURTHER ORDERED that, DigitalGlobe, Inc. is afforded 30 days
    from release of this Order to decline this authorization as
    conditioned. Failure to respond within that period will constitute
    formal acceptance of the authorization as conditioned.

35. IT IS FURTHER ORDERED that, DigitalGlobe shall prepare the necessary
    information, as may be required, for submission to the International
    Telecommunications Union (ITU) to initiate and complete the advance
    publication, international coordination, due diligence, and
    notification process of these space stations, in accordance with the
    ITU Radio Regulations. DigitalGlobe shall be held responsible for
    all cost-recovery fees associated with these ITU filings. We also
    note that no protection from interference caused by radio stations
    authorized by other administrations is guaranteed unless
    coordination and notification 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 subject to
    additional terms and conditions as required to effect coordination
    of the frequency assignments of other administrations. *See* 47
    C.F.R. § 25.111(b).

36. This Order is issued pursuant to Section 0.261 of the Commission\'s
    rules on delegated authority, 47 C.F.R. § 0.261, and is effective
    upon adoption. 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 the Public Notice announcing that this action was taken.

    FEDERAL COMMUNICATIONS COMMISSION

Cassandra C. Thomas

Acting Chief

Satellite Division

[^1]: DigitalGlobe Inc., Application to Modify Authorization, File No.
    SAT-MOD-20040728-00151 (DigitalGlobe Application).

[^2]: In this Order, we will occasionally refer to the 8025-8400 MHz
    band as the "X-band."

[^3]: 47 C.F.R. §§ 25.156, 25.157.

[^4]: Amendment of the Commission\'s Space Station Licensing Rules and
    Policies, *First Report and Order*, IB Docket No. 02-34, 18 FCC Rcd
    10760 (2003) (*First Space Station Licensing Reform Order*).

[^5]: DigitalGlobe's predecessor, EarthWatch, Incorporated, changed its
    name to DigitalGlobe in September 2001. For purposes of clarity we
    refer to the applicant as DigitalGlobe throughout this order.

[^6]: *See* Application of EarthWatch Incorporated For Authority to
    Construct, Launch, and Operate a Remote-Sensing Satellite System,
    *Order and Authorization*, 10 FCC Rcd 10467 (1995) (*EarthWatch
    Authorization Order*).

[^7]: *EarthWatch Authorization Order,* 10 FCC Rcd at 10468 (paras.
    7-8).

[^8]: *See* Letter to Shawn Thompson, Director, Legal Services,
    DigitalGlobe, Inc. 19 FCC Rcd 20415 (2004) (dismissing DigitalGlobe
    Application without prejudice to refilling) (*DigitalGlobe Letter*).

[^9]: *DigitalGlobe Letter*, 19 FCC Rcd at 20417. See also DigitalGlobe
    Application at 2.

[^10]: *See* EarthWatch Incorporated, *Order and Authorization*, 12 FCC
    Rcd 21637 (Int'l Bur., 1997) (*EarthWatch First Modification
    Order*).

[^11]: *EarthWatch First Modification Order,* 12 FCC Rcd at 21641 (para.
    14).

[^12]: *See* EarthWatch Incorporated, Order and Authorization, 12 FCC
    Rcd 19556, 19558 (para. 6) (Int'l Bur. 1997) (*EarthWatch Second
    Modification Order*).

[^13]: *See* EarthWatch Incorporated, *Order and Authorization*, 16 FCC
    Rcd 15985, 15985 (para. 3) (Int'l Bur., 2001) (*EarthWatch Fifth
    Modification Order*).

[^14]: DigitalGlobe Application at 4.

[^15]: *DigitalGlobe Letter*, 19 FCC Rcd at 20417.

[^16]: DigitalGlobe Application at 6.

[^17]: DigitalGlobe Application at 6.

[^18]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at
    10804-18 (paras. 108-50).

[^19]: As required by Section 25.117(d), 47 C.F.R. § 25.117(d), of the
    Commission's rules, DigitalGlobe certifies that the physical,
    operational and orbital parameters of the three new, proposed NGSO
    satellites and two on-ground spare satellites are substantially
    similar to the parameters of DigitalGlobe's current NGSO satellite,
    QuickBird-1, with the exception of the technical changes detailed in
    FCC Form 312 S ("Schedule S"), attachment A to DigitalGlobe's
    application.

[^20]: DigitalGlobe asserts that modification of its downlink TT&C
    frequencies is needed to conform with current international
    standards set forth by the Consultative Committee for Space Data
    Systems (CCSDS). *See* DigitalGlobe Application at 7. The CCSDS is
    an organization of world space agencies, including the National
    Aeronautics and Space Administration (NASA), and develops standards
    and protocols for transmitting data in space. The Federal
    Communications Commission does not participate in the CCSDS
    standards development process, and generally does not require
    licensees to meet those standards. Therefore, we do not place any
    weight on whether DigitalGlobe meets CCSDS standards.

[^21]: DigitalGlobe also seeks authority to construct two ground spares.
    DigitalGlobe Application at 2 and 4. The Commission no longer
    requires satellite operators to obtain authority to construct
    satellites. Streamlining the Commission's Rules and Regulations for
    Satellite Application and Licensing Procedures, *Report and Order*,
    IB Docket No. 95-117, 11 FCC Rcd 21581 (1996). Therefore, we dismiss
    this request as moot.

[^22]: DigitalGlobe Application at 11.

[^23]: DigitalGlobe Application at 11.

[^24]: DigitalGlobe Application at 12.

[^25]: DigitalGlobe Application at 12.

[^26]: DigitalGlobe Application at 13.

[^27]: DigitalGlobe Application at 12.

[^28]: 47 C.F.R. § 1.3; *see also WAIT Radio v. FCC*, 418 F.2d 1153,
    1159 (D.C. Cir. 1969), *cert. denied*, 409 U.S. 1027 (1972) (*WAIT
    Radio*).

[^29]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (*Northeast Cellular*).

[^30]: *WAIT Radio*, 418 F.2d at 1159; *Northeast Cellular*, 897 F.2d at
    1166.

[^31]: *WAIT Radio*, 418 F.2d at 1157.

[^32]: *Id.* at 1159.

[^33]: Space Imaging, LLC, *Declaratory Order and Order and
    Authorization,* DA 05-1940 (Int'l. Bur., released July 6, 2005)
    (*Space Imaging Order*).

[^34]: *Space Imaging* *Order* at para. 10.

[^35]: *Id.*

[^36]: 47 C.F.R. §§ 25.156, 25.157.

[^37]: *See* Assignment of Orbital Locations to Space Stations in the
    Domestic Fixed-Satellite Service, *Memorandum Opinion and Order*, 3
    FCC Rcd 6972, 6972 (para. 2) (1988).

[^38]: *EarthWatch Authorization Order*, 10 FCC Rcd at 10469 (para. 10).

[^39]: *EarthWatch Authorization Order*, 10 FCC Rcd at 10469 (para. 10),
    *citing* Amendment of the Commission\'s Rules to Establish Rules and
    Policies Pertaining to a Non-Voice, Non-Geostationary
    Mobile-Satellite Service, *Report and Order*, CC Docket No. 92-76, 8
    FCC Rcd 8450 (1993). *See also* 47 C.F.R. § 25.117 (d)(2) (codifying
    legal standard for satellite license modifications).

[^40]: DigitalGlobe Application at 4.

[^41]: DigitalGlobe Application at 4.

[^42]: 47 C.F.R. § 25.164.

[^43]: *EarthWatch First Modification Order*, 12 FCC Rcd at 21643 (para.
    19).

[^44]: 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, 12658 (para.57)
    (2004) (*Space Station Reform First Reconsideration Order*).

[^45]: *Space Station Reform First Reconsideration Order*, 19 FCC Rcd at
    12658-59 (para 58).

[^46]: *Space Station Reform First Reconsideration Order*, 19 FCC Rcd at
    12658-59 (para 58).

[^47]: DigitalGlobe is currently authorized to operate in 320 MHz, for
    data downlink operations in the 8025-8345 MHz band, *see*
    *EarthWatch First Modification Order*, 12 FCC Rcd at 21641 (para.
    11) and requests authority to operate in 375 MHz, in the 8025-8400
    MHz band. DigitalGlobe Application at 6.

[^48]: *First Space Station Licensing Reform Order,* 18 FCC Rcd at 10786
    (para. 55).

[^49]: 47 C.F.R. § 2.106, footnote 258.

[^50]: *Space Imaging Order* at para. 25.

[^51]: 47 C.F.R. § 2.106, US Footnote 347.

[^52]: The inclination of an orbit is the angle between the orbital
    plane and the Earth's equatorial plane, measured counter-clockwise.
    A zero inclination orbit would mean the satellite is orbiting
    directly over the equator; an inclination of 90 degrees is a
    perfectly polar orbit.

[^53]: The "phase angle" is defined as the angle between the two lines
    connecting, respectively, the satellite with the sun and the
    satellite with the observer. If this angle is 0°, the satellite will
    be \"fully lit\", and just like the full Moon, will show the largest
    illuminated area to the observer. A satellite will be brighter for
    smaller phase angles (generally, less than 90°), and becomes fainter
    as the angle approaches 180°. At large phase angles, as with a new
    Moon, much less light is reflected, thus making the satellite
    fainter.

[^54]: *See* DigitalGlobe Application, Technical Appendix, Schedule S,
    page 2.

[^55]: *See* 47 C.F.R. § 2.106; Footnote US 258.

[^56]: DigitalGlobe states it can safely use the entire 375 megahertz
    (8025 to 8400 MHz) allocated for EESS space-to-Earth operations
    without causing interference to users in the adjacent bands due to
    advances in satellite transmitting equipment. In this regard,
    DigitalGlobe states that, although the center frequency at 8185 MHz
    is not the arithmetic mean, DigitalGlobe has implemented an output
    filter to ensure that its use of the spectrum is limited to the band
    from 8025 MHz to 8400 MHz and that emissions are within acceptable
    levels. Specifically, the output filter will ensure that the
    emissions at the outer bands of the frequency are within the limits
    provided in the Commission's regulations. *See* DigitalGlobe
    Application at 9.

[^57]: Article 22.5 § 4 of ITU Radio Regulations states that "in the
    frequency band 8 025-8 400 MHz, which the Earth
    exploration-satellite service using non-geostationary satellites
    shares with the fixed-satellite service (Earth-to-space) or the
    meteorological-satellite service (Earth-to-space), the maximum power
    flux-density produced at the geostationary-satellite orbit by any
    Earth exploration-satellite service space station shall not exceed
    --174 dB(W/m^2^) in any 4 kHz band." It is assumed that this same
    PFD limit will also protect the secondary MSS (earth-to-space)
    systems in the band.

[^58]: DigitalGlobe Application, Attachment B, Appendix 2 Power Flux
    Density; Wideband Downlink and Appendix 5 Flux Density; Narrowband
    Downlink.

[^59]: *See* *EarthWatch First Modification Order*, 12 FCC Rcd at 21641
    (para. 11).

[^60]: 47 C.F.R. § 25.217(d). Under this requirement, satellite
    applicants must submit a narrative statement describing the orbital
    debris design and mitigation strategies they plan to use, and to
    submit a casualty risk assessment if their planned post-mission
    disposal involves atmospheric reentry of the spacecraft. Later, in
    2004, the Commission adopted more detailed orbital debris
    requirements. *See* 47 C.F.R. § 25.283. *See also* Mitigation of
    Orbital Debris, *Second Report and Order,* IB Docket No. 02-54, 19
    FCC Rcd 11567 (2004) (*Orbital Debris Mitigation Order*).

[^61]: 15 U.S.C. §5601 *et seq.*

[^62]: DigitalGlobe Application at 10.

[^63]: 47 C.F.R. § 1.3.

[^64]: *Orbital Debris Mitigation Order,* 19 FCC Rcd at 11609 (paras.
    102-104).

[^65]: *Id.*

[^66]: *Id.*

[^67]: *See* DigitalGlobe Application at 4.