Before the

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+----+------------------------------+
| In the Matter of                 | )  | File No.                     |
|                                  |    | SAT-LOA-19990427-00046       |
| Lockheed Martin Corporation      | )  |                              |
|                                  |    | File No.                     |
| Application To Launch and        | )  | SAT-AMD-20030730-00150       |
| Operate a Geostationary Orbit    |    |                              |
| Space Station in the             | )  | File No.                     |
| Radionavigation-Satellite        |    | SAT-AMD-20040130-00008       |
| Service at 107.3° W.L.           | )  |                              |
|                                  |    | File No.                     |
|                                  | )  | SAT-AMD-20040205-00012       |
|                                  |    |                              |
|                                  | )  | File No.                     |
|                                  |    | SAT-AMD-20040524-00106       |
|                                  |    |                              |
|                                  |    | File No.                     |
|                                  |    | SAT-AMD-20041012-00197       |
|                                  |    |                              |
|                                  |    | File No.                     |
|                                  |    | SAT-AMD-20050210-00036       |
|                                  |    |                              |
|                                  |    | Call Sign: S2371             |
+----------------------------------+----+------------------------------+
|                                  |    |                              |
+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

Adopted: September 8, 2005 Released: September 8, 2005

By the Acting Chief, Satellite Division, International Bureau:

# INTRODUCTION

1.  In Number range level0Number range level1Number range level2Number
    range level3Number range level4Number range level5Number range
    level6Number range level7this Order, we grant authority to Lockheed
    Martin Corporation (Lockheed) to operate and launch a
    Radionavigation-Satellite Service (RNSS) space station[^1] aboard
    Telesat Canada Corporation's (Telesat) ANIK-F1R satellite,
    separately licensed by the Canadian Administration to be located at
    107.3° W.L. Lockheed's proposed space station is a part of its
    Regional Positioning System (RPS). Grant of this application will
    allow Lockheed to provide valuable augmentation services to the
    existing US Global Positioning System.

# Background

2\. In April 1999, Lockheed filed applications with the Commission for
authority to launch and operate a global RNSS system, known as the
Lockheed Martin Regional Positioning System ("LM-RPS") with satellites
operating at several orbital locations, including 109° W.L.[^2]
Lockheed's April 1999 Applications were placed on public notice on May
27, 1999.[^3] A number of parties, listed in Appendix A, filed comments
in response to this application.[^4]

3\. In January and February 2004, Lockheed amended its application for
the satellite at 109° W.L., revising the location to 107.3° W.L.[^5]
With these amendments, Lockheed seeks authority to construct and operate
an RNSS payload located on board Telesat's ANIK-F1R satellite. Telesat
is licensed by the Canadian Administration to operate the communications
payload of ANIK-F1R in the C- and Ku-bands at 107.3° W.L., in addition
to a tracking, telemetry and control (TT&C) payload. In its February
2004 amendment, Lockheed revised its frequency request to the
6615.17-6635.67 MHz and 6666.20-6686.70 MHz frequency bands for data
uplinks from its feeder link earth stations. Additionally, Lockheed
confirmed that Telesat would be performing the TT&C functions for the
maneuvering and maintenance of the ANIK-F1R satellite, including the
Lockheed space station, and therefore, Lockheed is not requesting any
spectrum for TT&C.[^6] These amendments were placed on Public
Notice,[^7] and no comments were received. Lockheed subsequently amended
its application in May 2004,[^8] in October 2004,[^9] and in February
2005,[^10] to provide additional information requested by the
Commission.

4\. Lockheed indicates that its proposed space station at the 107.3°
W.L. orbital location (referred to as LM-RPS2) will operate in
conjunction with and in full compatibility with the United States Global
Positioning System (GPS), as part of the Federal Aviation Administration
(FAA) Wide Area Augmentation System (WAAS), to provide more accurate
navigation information with high integrity, in particular for the
aviation community.[^11] The FAA WAAS system will provide GPS
augmentation messages to two of Lockheed's uplink earth stations, to be
located within the United States.[^12] These two earth stations will
uplink the augmentation messages to the LM-RPS2 space station using the
6615.17-6635.67 MHz and 6666.20-6686.70 MHz frequency bands.[^13] The
received augmentation messages will then be transmitted in the downlink
in the L-band, specifically in the 1166.20-1186.70 MHz and the
1565.17-1585.67 MHz frequency bands[^14] to receive earth stations.
These augmentation messages contain error correction information that
provides for differential correction of the GPS receive signals,
resulting in more accurate GPS navigation information. This enhanced
information will be used to improve aircraft navigation, automated
farming, mining operations, and other applications that rely on precise
position and navigation information.[^15] In addition, Lockheed requests
a waiver of the bond requirement contained in Section 25.165 of the
Commission's rules.[^16]

**III. DISCUSSION**

**A. Processing Procedure**

5\. In the *First Space Station Reform Order*, the Commission adopted
various procedural reforms to expedite the satellite licensing
process.[^17] In revising the satellite licensing rules, the Commission
adopted two different licensing frameworks -- a modified processing
round approach for non-geostationary satellite orbit (NGSO)-like systems
and a "first-come, first-served" procedure for geostationary satellite
orbit (GSO)-like systems.[^18] The Commission defined GSO-like satellite
systems as GSO satellites designed to operate with directional
antennas.[^19] Examples of the GSO-like satellite systems are those that
use earth station antennas with directivity towards the satellites, such
as fixed-satellite service (FSS) space stations, and mobile-satellite
service (MSS) feeder links that use GSO satellites.[^20] The Commission
defined NGSO-like satellite systems as NGSO satellite constellations and
GSO satellites communicating with omni-directional earth station
antennas.[^21] The Commission also noted that NGSO-like satellite
systems, unlike GSO-like satellite systems, generally cannot operate on
the same spectrum without causing unacceptable interference to each
other.[^22] Accordingly, the Commission concluded that a band
segmentation approach would be preferable for such applications because
it would facilitate additional market entry.[^23]

6\. In its original 1999 application and subsequent amendments, Lockheed
requests authority to utilize frequencies in the L-band and C-band
spectrum for its proposed radionavigation satellite service.
Specifically, Lockheed requests FSS spectrum, the 6615.17-6635.67 MHz
and 6666.20-6686.70 MHz frequency bands for its feeder uplinks.[^24] In
the *First Space Station Reform Order,* the Commission adopted a
first-come, first-served procedure for applications for feeder links to
GSO spacecrafts.[^25] Therefore, we conclude that this portion of
Lockheed's application will be considered a GSO-like satellite
application and will be processed under the first-come, first-served
rules.

7\. Lockheed also requests authority to operate in the L-band (the
1166.20-1186.70 MHz and the 1565.17-1585.67 MHz frequency bands) for its
service downlinks.[^26] Generally, applications for service links in GSO
MSS systems are classified as "NGSO-like" and considered in modified
processing rounds.[^27] However, in our Order authorizing Lockheed to
operate an RNSS payload on a satellite at the 133° W.L. orbital
location, we recently found that Lockheed\'s proposed NGSO-like L-band
operations warranted a waiver of the Commission\'s rules to allow us to
consider that portion of the application on a first-come, first-served
basis.[^28] This is because Lockheed proposed to operate in the same
portion of the L-band as the U.S. GPS system, and all such satellite
systems must coordinate with and be compatible with the U.S. GPS system.
Thus, band segmentation is not necessary to ensure that future
applicants are able to operate in these frequency bands.[^29] For the
same reasons, we conclude that Lockheed\'s proposed L-band operations at
the 107.3° W.L. orbit location also warrant a waiver of the
Commission\'s rules to allow us to consider that application on a
first-come, first-served basis.[^30]

**B. Legal Qualifications**

**1. General**

8\. In considering an application to launch and operate a new satellite
system, we must determine whether a grant will serve the public
interest. In making this determination, we consider whether the
applicant is legally, technically, and otherwise qualified to operate
the satellite. Since Lockheed's legal qualifications are a matter of
record with the Commission,[^31] and no commenter questioned these
qualifications, we find that Lockheed is legally qualified to hold a
satellite license.

**2. Hosted Payload Arrangement**

9\. LM-RPS2 will operate as a payload on Telesat's ANIK-F1R satellite,
which is licensed by Canada. Such arrangements, although infrequently
used, are not without precedent.[^32] We have exchanged letters with
Industry Canada, the licensing administration for Telesat's ANIK F1R
satellite, in order to ensure that there is a mutual understanding
regarding the operations of the LM-RPS2 payload aboard Telesat's ANIK
F1R satellite. The understandings, and the factual background for these
understandings, are provided as Appendix B, and are material
considerations for the authorization contained in this Order. We note
that, pursuant to the understandings, the FCC will be the licensing
administration for the L-band and the extended C-band facilities (the
LM-RPS2 payload) on board the ANIK-F1R satellite. Therefore, we will
hold Lockheed responsible for all its operations pursuant to this
authorization.

## *(a) Telemetry, Tracking and Command (TT&C) Arrangements* {#a-telemetry-tracking-and-command-ttc-arrangements .unnumbered}

10\. In its February 2004 amendment, Lockheed states that it is not
seeking authority to operate TT&C frequencies. Lockheed further explains
that Telesat will control the ANIK-F1R satellite via TT&C earth station
facilities located in Canada, and will also provide certain services for
the LM-RPS2 payload under the direction and control of Lockheed, under
contract with Lockheed.[^33] Therefore, we are not granting Lockheed
authority to operate on any TT&C spectrum. All TT&C transmissions shall
be conducted by Telesat pursuant to its Canadian license. Lockheed,
however, remains responsible as a licensee for ensuring compliance with
the terms and conditions of this license, and the Commission rules,
including the Commission's station-keeping requirements.

11\. Although Telesat will be performing the TT&C operations of the
LM-RPS2 space station, we require licensees to have the ability to cease
operations, should they be required to do so.[^34] Based on Lockheed's
February 2005 amendment, in which it describes the measures it will take
to control its proposed RNSS payload aboard Telesat's ANIK-F1R
satellite, we find that Lockheed will meet this requirement.[^35]
Specifically, Lockheed will have the capability of "turning off" the
LM-RPS2 payload so that no radio emissions are generated by that
payload. Lockheed and Telesat plan to design and implement a
computer-based system to allow a "deactivation" command to be sent from
Lockheed's U.S. facility to Telesat's Canadian facilities. This will
force the automated deactivation of the LM-RPS2 payload, without any
individual intervention at Telesat's facilities. Both parties have also
agreed that, in the event that the LM-RPS2 payload has been deactivated
through the use of this capability, Telesat will not reactivate the
LM-RPS2 payload until Telesat receives formal written direction from
Lockheed. Accordingly, we condition this authorization on Lockheed's
ability to send a deactivation command from its U.S. facility to
Telesat's Canadian facility.

##  *(b) Orbital Debris Mitigation* {#b-orbital-debris-mitigation .unnumbered}

12\. As indicated in the exchange of letters between the FCC and
Industry Canada, Telesat shall dispose of the LM-RPS2 space station
pursuant to its Canadian authorization and ITU-R Recommendation
S.1003-1.[^36] We find that the requirements of Recommendation S.1003-1
are identical to the Commission\'s orbital debris requirements.
Accordingly, we conclude that Lockheed will comply with the Commission's
end-of-life disposal requirements.

C.  **Technical Qualifications**

    **1. Feeder Uplinks**

    13\. Lockheed proposes to uplink augmentation messages[^37] in the
    6615.17--6635.67 MHz and 6666.20-6686.70 MHz frequency bands to the
    LM-RPS2 space station from two feeder uplink earth stations within
    the United States.[^38] We consider Lockheed's proposed feeder
    uplinks as a Fixed Satellite Service (FSS), due to the fact that the
    uplink earth stations will be communicating with the LM-RPS2 space
    station from fixed points.[^39] Lockheed's proposed frequencies are
    allocated to the Fixed Service (FS) and FSS (Earth-to-space) on a
    primary basis and subject to footnotes 5.458 and US342 of the Table
    of Frequency Allocations.[^40] Below, we address these footnotes and
    other issues for these frequency bands.

    *(a) Protection of Passive Services in the 6425-7025 MHz Frequency
    Band*

    14\. Footnote 5.458 indicates that, in the 6425-7075 MHz frequency
    band, passive sensors measurements are carried out over the ocean
    and that administrations should bear in mind the needs of the Earth
    exploration-satellite (passive) and space research (passive)
    services in their future planning of the bands 6425-7025 MHz.[^41]
    Lockheed states that it will comply with all applicable domestic and
    international requirements in coordination of its system.[^42]
    Therefore, we remind Lockheed to bear in mind the needs of these
    services when designing and operating its LM-RPS2 system.

    *(b) Protection of Radio Astronomy Service*

    15\. Footnote US342 of the U.S. Table of Allocations states that
    anyone operating a station in the 6650-6675.2 MHz frequency band
    shall take all practicable steps to protect radio astronomy service
    from harmful interference.[^43] We note that portions of Lockheed's
    proposed feeder uplink operations, specifically, the 6666.20-6675.20
    MHz frequency band, fall within the band specified in this footnote.
    Lockheed states that it will comply with all applicable domestic and
    international requirements in coordinating its system.[^44]
    Therefore, we will require Lockheed to take all practicable steps to
    avoid causing harmful interference to the radio astronomy service in
    the 6650-6675.2 MHz frequency band.

    *(c) Compliance with Commission Technical Requirements---Two Degree
    Spacing*

16\. The Commission's licensing policy for GSO satellites is predicated
upon two-degree orbital spacing between satellites.[^45] This policy
permits the maximum use of the geostationary-satellite orbit. On June
16, 2004, the Commission issued a Public Notice in which the Commission
provided clarification of Section 25.140(b)(2) of the Commission's
Rules, concerning space station application interference analysis
requirements.[^46] In the Public Notice, the Commission expressly stated
that Section 25.140(b)(2) of the Commission's Rules applies to "\[a\]ny
geostationary satellite orbit space station application for operation in
any FSS frequency band." Since Lockheed requested FSS allocated spectrum
for its feeder uplinks, we found that this request rendered this rule
applicable to Lockheed's LM-RPS2application. On January 26, 2005, we
requested that Lockheed provide an interference analysis pursuant to the
Public Notice.[^47]

17\. On February 10, 2005, Lockheed amended its application to provide
the requested interference analysis.[^48] We find that this analysis
conforms to the interference analysis rule and that Lockheed's proposed
feeder link operations comply with our two-degree spacing requirements.
We also conclude that granting Lockheed's LM-RPS2 application will not
result in harmful interference to any previously licensed satellite.

**2. Radionavigation-Satellite Service Downlinks**

18 Lockheed requests authority to operate its service downlinks in the
1166.20-1186.70 MHz and the 1565.17-1585.67 MHz frequency bands. These
frequency bands are allocated to both the Aeronautical Radionavigation
service and the Radionavigation-Satellite (space-to-Earth) service on a
primary basis. However, the 1166.20-1186.70 MHz frequency band is
subject to footnote US385[^49] and ITU-R Resolution 609 (Resolution
609).[^50] Below, we address this footnote, Resolution 609, and
protection of the Global Positioning System (GPS).[^51]

*(a) Protection of Aeronautical Radionavigation Service in the 1164-1215
MHz Frequency Band*

19\. Within the United States, footnote US385 of the U.S. Table of
Frequency Allocations requires that radionavigation-satellite services
operating in the 1164-1215 MHz frequency band shall not cause harmful
interference to, nor claim protection from, stations of the aeronautical
radionavigation service.[^52] Therefore, Lockheed may not to cause
harmful interference to, nor claim protection from, stations operating
in the aeronautical radionavigation service.

20\. Internationally, the 1164-1215 MHz frequency band is allocated to
both the radionavigation-satellite service (RNSS) and the aeronautical
radionavigation service (ARNS), on a primary basis, subject to
Resolution 609. Resolution 609 requires that the equivalent power flux
density (epfd) produced by all RNSS space stations operating in the
1164-1215 MHz frequency band, shall not exceed the aggregate epfd level
of -121.5 dB(W/m^2^) in any 1 megahertz band for all angles of
elevation. The resolution further states that, in order to achieve this
objective, administrations operating or planning to operate RNSS systems
shall agree cooperatively, through consultation meetings, to equitable
shared aggregate epfd.

21\. We note that to date, there have been three such consultation
meetings and Lockheed has participated in all three of these meetings
for its RNSS system operating in the 1164-1215 MHz band on behalf of the
U.S. Administration. In the Report of the Third Resolution 609
Consultation Meeting, it was concluded that, to date, all systems
operating or planning to operate in the 1164-1215 MHz frequency band,
including the LM-RPS2 space station, collectively have not exceeded the
-121.5 dB(W/m^2^) in any 1 megahertz bandwidth.[^53] Lockheed states
that it will comply with all applicable domestic and international
requirements required for coordination of its system, as well as comply
fully, to the extent applicable, with the consultation requirements of
Resolution 609.[^54] Therefore, as part of its consultation requirements
under Resolution 609, we will require Lockheed to continue to
participate in these consultation meetings and coordinate with other
RNSS operators. Additionally, we will require Lockheed to report the
results of these consultation meetings to the Commission within thirty
days after the conclusion of the meetings.

*(b) Protection of U.S. Global Positioning System (GPS)*

22\. We note that the U.S. GPS system uses the same frequencies that
Lockheed is requesting for its LM-RPS2 space station downlinks.
Specifically, these frequencies include the 1166.20-1186.70 MHz and the
1565.17-1585.67 MHz frequency bands. We recognize that the U.S. GPS
system provides service of national importance to the U.S. Government,
including the military, businesses and civilians. Therefore, we find
that it is critical that Lockheed's space station operations do not
cause harmful interference to the operations of the U.S. GPS system. In
its application, Lockheed assured the Commission that it would not cause
harmful interference to the U.S. GPS system. Specifically, Lockheed
maintained that its LM-RPS2 space station will operate in conjunction
with and in full compatibility with the U.S. GPS system.[^55] Lockheed
further assured that it will utilize similar signal structure and
architecture to the U.S. GPS system (*i.e.* Code Division Multiple
Access (CDMA)) in order to achieve maximum compatibility. Previously,
the Commission has acknowledged that systems using CDMA architecture may
be able to share the same spectrum, through coordination, without
causing harmful interference to each other.[^56]

23\. Based on the results of the Third Resolution 609 Consultation
Meeting, which include the LM-RPS2 space station and the U.S. GPS
system, we find that both of these systems have complied with this
resolution.[^57] Therefore we conclude that the Lockheed LM-RPS2 space
station operations will be compatible with and therefore will be able to
share the L-band spectrum with the U.S. GPS system without causing
harmful interference.[^58] Nevertheless, we will require Lockheed to
coordinate with the operator(s) of the U.S. GPS system in order to
ensure maximum compatibility and to avoid causing any harmful
interference to the aeronautical radionavigation service and the U.S.
GPS system. In the event of any interference, either from complaints
received or its own observation, we will require Lockheed to immediately
cease all operations and remedy the interference. Lockheed will also be
required to inform the Commission within three days of such
occurrence(s) explaining the specific measures taken to mitigate the
interference.

## D. Milestones  {#d.-milestones .unnumbered}

24\. 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 do not warehouse
scarce orbit and spectrum resources, codified its milestone policy in
Section 25.164 of its rules.[^59] Consistent with this, we require that
Lockheed execute a binding contract for construction of its LM-RPS2
space station within one year of this grant, complete the Critical
Design Review within two years, commence physical construction within
three years, and launch and begin operations within five years.

**E. Bond Requirement**

**1. Background**

25\. In its *First Space Station Licensing Reform Order*, the Commission
eliminated the financial requirements then in place and replaced them
with a bond requirement.[^60] Under this bond requirement, any entity
awarded a license for a GSO satellite must execute a payment 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 implementation
milestone in the license, where adequate justification for extending
that milestone is not provided.[^61] Licensees may reduce the amount of
the bond upon meeting each milestone.[^62]

**2. Timing of Application**

26\. Lockheed requests a waiver of the bond requirement. Lockheed
asserts that this requirement is intended to deter the filing of
speculative applications by establishing significant financial
consequences for licensees that fail to proceed with their applicants in
a timely manner.[^63] Lockheed further claims that its RPS applications
were filed more than four years before this requirement became effective
and it is not clear whether it is appropriate for the Commission to
enforce this cost upon applicants that submitted applications without
notice that such additional financial requirements might be
imposed.[^64]

27\. We disagree with Lockheed. In the *First Space Station Reform
Order*, the Commission clearly stated its intention to apply the new
rules to pending applications.[^65] The Commission noted that "applying
new procedures to pending satellite applications would not impair the
rights that any applicant possessed when it filed its application, nor
impose any new duty with respect to a transaction already
completed."[^66] Additionally, in the *Fifth Space Station Reform
Order,* the Commission reaffirmed that the "bond requirement applies to
all licenses granted after the requirement took effect, regardless of
when the application for each of those licenses was filed."[^67]

**3, Public Safety**

28\. Lockheed also requests a waiver of the bond requirement based on
its intention to provide "public safety services." In its *First Space
Station Licensing Reform Order,* the Commission stated that it would
entertain requests for complete or partial waivers of this bond
requirement, "for satellite operators proposing satellites designed to
provide public safety services."[^68] Lockheed argues that its RPS space
station will provide critical air navigation information through
augmentation of the U.S. GPS system, enhancing the safety of the U.S.
air traffic control system.[^69]

29\. In the *First Space Station Licensing Reform Order,* the Commission
noted that it would consider things such as public safety intent in
deciding whether to waive the bond requirement.[^70] Later, in the *MSV
Order*, the Bureau defined \"public safety services\" for these purposes
as services in which "the sole or principal purpose . . . is to protect
the safety of life, health, or property, that are provided by . .
governmental entities or by nongovernmental organizations that are
authorized by a governmental entity whose primary mission is the
provision of such services and that are not made commercially available
to the public by the provider."[^71] The Bureau further explained that,
in assessing \"public safety intent,\" it would determine whether the
proposed satellite is wholly or partially designed for the specific
purpose of providing public safety services.[^72]

30\. In the *MSV Order*, the applicant requested a bond waiver,
asserting that a \"push to talk\" feature on its handsets had proven
useful in coordinating rescue efforts.[^73] The Bureau found MSV had
fallen short of the public safety intent needed for a bond waiver
because MSV\'s application revealed that the primary purpose for the
\"push to talk\" feature was to allow MSV to compete in the marketplace
better.[^74] The Bureau also noted that all MSS systems are inherently
useful in providing public safety service because the user terminals are
small and transportable, and so applicants must provide more to
demonstrate a \"public interest intent\" that would warrant a bond
waiver.[^75]

31\. In making a public interest benefit assessment, we look to see if
Lockheed in its application expressed the requisite "public safety
intent" for its proposed service. We find here that Lockheed\'s bond
waiver request is substantially similar to the request that was denied
in the *MSV Order*. Lockheed explains that, while its proposed LM-RPS
system will be used to ensure the transmission of more precise
information for aircraft navigation, it will also be used to provide
automated farming, mining operations and other applications that rely on
navigation and positional precision.[^76] Thus, although Lockheed's RNSS
service will be inherently useful for aircraft navigation, it will also
be used to provide other commercial services that are not primarily for
public safety. Therefore, though we find that these commercial services
would further the public interest, we do not conclude that they fall
under the limited category of "public safety services" that would
justify a waiver of the bond requirement. Therefore, we deny Lockheed's
waiver request and require Lockheed to post a \$3 million bond within 30
days of the release of this Order. If Lockheed does not submit this bond
by the required date, this authorization shall be null and void.

# CONCLUSION AND ORDERING CLAUSES

32\. We have reviewed Lockheed Martin Corporation's application and all
associated amendments, comments, pleadings, and other documents of
record. Based on that review, we conclude that Lockheed is legally,
technically, and otherwise qualified to operate its LM-RPS2 satellite
space station at the 107.3° W.L. orbital location and that grant of the
application, subject to the limitations and conditions specified herein,
will serve the public interest, convenience, and necessity.

33\. Accordingly, IT IS ORDERED, pursuant to Sections 301 and 309 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 301, 309, and
Section 25.113(g) of the Commission's rules, 47 C.F.R. § 25.113(g), that
Lockheed Martin Corporation's Application File No.
SAT-LOA-19990427-00046, as amended by SAT-AMD-20030730-00150,
SAT-AMD-20040130-00008, SAT-AMD-20040205-00012, SAT-AMD-20040524-00106,
SAT-AMD-20041012-00197 and SAT-AMD-20050210-00036, Call Sign S2371, IS
GRANTED and Lockheed Martin Corporation is authorized to construct,
launch, and operate its LM-RPS2 space station aboard Telesat Canada
Corporation's ANIK F1R satellite at the 107.3 W.L. orbital location in
the 6615.17--6635.67 MHz (Earth-to-space) and 6666.20-6686.70 MHz
(Earth-to-space) frequency bands for feeder uplinks and in the
1166.20-1186.70 MHz (space-to-Earth) and the 1565.17-1585.67 MHz
(space-to-Earth) frequency bands for RNSS service downlinks, in
accordance with the terms, conditions, and technical specifications set
forth in its application, as amended, and this *Order* and
*Authorization*.

34\. IT IS FURTHER ORDERED that Lockheed Martin Corporation's request to
waive Section 25.116(b)(1) of the Commission's rules IS DENIED.

35\. IT IS FURTHER ORDERED that Lockheed Martin Corporation's request to
waive Section 25.165 of the Commission's rules IS DENIED.

36\. IT IS FURTHER ORDERED that the Boeing Company's 1999 Petition to
Deny and PanAmSat Satellite Corporation's 1999 Petition to Deny in Part
are DISMISSED AS MOOT.

37\. IT IS FURTHER ORDERED that the LM-RPS2 space station must be
constructed, launched, and placed into operation in accordance with the
technical parameters set forth in its application and amendments and
terms and conditions of this authorization by the time periods specified
in Section 25.164(a) of the Commission's Rules, 47 C.F.R. § 25.164(a).
In addition, Lockheed Martin Corporation must post a \$3 million bond
with the Commission, pursuant to the procedures set forth in Public
Notice, DA 03-2603, 18 FCC Rcd 16283 (2003), within 30 days of the
release date of this Order. Failure to meet any of these dates shall
render this authorization null and void without any further action by
the Commission. *See* 47 C.F.R. §§ 25.161 and 25.164. IT IS FURTHER
ORDERED that this condition will not apply if the LM-RPS2 space station
is launched before the bond is due.

38\. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall
prepare the necessary information, as may be required, for submission to
the ITU to initiate and complete the advance publication, international
coordination, due diligence, and notification process of this space
station, in accordance with the ITU Radio Regulations. Lockheed Martin
Corporation 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).

39\. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall inform
the Commission in writing of any disruption in service(s) lasting more
than thirty minutes. *See* 47 C.F.R. § 25.210(k)(1)(2).

40\. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall not
cause harmful interference to, nor claim protection from, stations of
the aeronautical radionavigation service in the 1164-1215 MHz frequency
band.

41\. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall comply
with all requirements of ITU-R Resolution 609 regarding its use of the
1164-1215 MHz frequency band. Specifically, Lockheed is required to
continue participating in the ITU-R Resolution 609 consultation meetings
and coordinate in good faith with other RNSS operators at the meetings.
Additionally, Lockheed is required to report the results of these
consultation meetings to the Commission within thirty days after the
conclusion of the meetings.

42\. IT IS FURTHER ORDERED that Lockheed Martin Corporation is required
to coordinate with the operator(s) of the U.S. GPS system in order to
ensure maximum compatibility and to avoid causing any harmful
interference to the GPS systems from it operations. In the event of any
interference, either from complaints received or its own observation,
Lockheed Martin Corporation is required to cease all operations and
remedy the interference. Lockheed Martin Corporation is also required to
inform the Commission within three days of such occurrence(s) explaining
measures taken to mitigate the interference.

43\. IT IS FURTHER ORDERED that Lockheed Martin Corporation's
operational authority is conditioned on its ability to send a
deactivation command from a U.S. facility to Telesat Canada's facility,
without any individual intervention at Telesat Canada's facility, that
can terminate transmissions from the LM-RPS2 payload.

44\. IT IS FURTHER ORDERED that the license term for the LM-RPS2 space
station, Call Sign S2371, is fifteen years and will begin to run on the
date that Lockheed Martin Corporation certifies to the Commission that
the satellite has been successfully placed into orbit and its operation
fully conforms to the terms and conditions of this authorization.

45\. Lockheed Martin Corporation is afforded thirty days from the date
of adoption of this grant and authorization to decline this
authorization as conditioned. Failure to respond within this period will
constitute formal acceptance of the authorization as conditioned.

46\. This grant 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
release. Petitions for reconsideration under Section 1.106 or
applications for review under Section 1.115 of the Commission\'s rules,
47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of
the public notice indicating that this action was taken.

FEDERAL COMMUNICATIONS COMMISSION

Cassandra C. Thomas

Acting Chief

Satellite Division

**Appendix A**

I.  **Pleadings related to Lockheed Original 1999 Application (File No.
    SAT-LOA-19990427-00046)**

    -   Comments of Globalstar LP (filed June 28, 1999).

    -   Comments of Motorola, Inc. (filed June 28, 1999).

    -   Comments of GE American Communications, Inc. (filed June 28,
        1999).

    -   PanAmSat Corporation Petition to Deny in Part (filed June 28,
        1999).

    -   Boeing Petition to Deny (filed June 29, 1999).

    -   Lockheed Martin Corporation Consolidated Opposition to Petition
        to Deny and Reply to Comments (filed July 13, 1999).

    -   PanAmSat Corporation Reply to Lockheed Martin Consolidated
        Opposition to Petition to Deny (filed July 30, 1999).

    -   Boeing Reply Comments (filed July 30, 1999).

> **II. Pleadings related to Lockheed 2003 Amendment (File No.
> SAT-AMD-20030730-00150)**

-   Comments of PanAmSat Corporation (filed September 17, 2003).

-   Reply Comments of Lockheed Martin Corporation (filed October 1,
    2003).

> **III. Pleadings related to Lockheed January 2004 Amendment (File No.
> SAT-AMD-20040130-00008)**

-   No comments filed

> **IV. Pleadings related to Lockheed February 2004 Amendment (File No.
> SAT-AMD-20040205-00012)**

-   No comments filed

**Appendix B: Exchange of Letters**

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[^1]: As used in this Order and Authorization, the term "space station"
    has the meaning given in the International Telecommunication Union
    (ITU) Radio Regulations, *i.e.* one or more transmitters, or
    receivers or a combination of transmitters and receivers necessary
    for carrying on a radiocommunication service, and located on an
    object which is beyond, or is intended to go beyond, the major
    portion of the Earth's atmosphere. *See* ITU Radio Regulations
    Articles 1.61 and 1.64.

[^2]: *See Lockheed Martin Corp., Application for Authority to Launch
    and Operate a Global System of Geostationary Orbit Satellites in the
    Radionavigation-Satellite Service*, File No. SAT-LOA-19990427-00046,
    filed April 27, 1999 (Lockheed Original April 1999 Application).
    This system as originally proposed consisted of twelve geostationary
    satellites that would provide navigation services from six orbital
    locations: 79° W.L., 71° E.L., 131.8° E.L., 109° W.L., 129° W.L. and
    11° E.L. In 2003, Lockheed amended its request to relocate one of
    its proposed satellites from 129° W.L. to 133° W.L. The
    International Bureau (Bureau) recently granted that application.
    *See* Lockheed Martin Corp., Application to Launch and Operate a
    Geostationary Orbit Space Station in the Radionavigation-Satellite
    Service at 133° W.L., *Order and Authorization*, DA 05-1747 (Int'l.
    Bur., released June 23, 2005) (*Lockheed 133*° *W.L. Order)*.
    Lockheed also withdrew its request for 11° E.L. in 2003, and
    withdrew its three applications for the 79° W.L., 71° E.L., 131.8°
    E.L orbital locations in 2005. *See* Letter from Stephen D. Baruch,
    Counsel to Lockheed Martin Corp., to Marlene Dortch, Secretary, FCC
    (dated July 6, 2005) *(Lockheed 79*° *W.L. Letter);* Letter from
    Stephen D. Baruch, Counsel to Lockheed Martin Corp., to Marlene
    Dortch, Secretary, FCC (dated July 6, 2005) *(Lockheed 71*° *E.L.
    Letter);* Letter from Stephen D. Baruch, Counsel to Lockheed Martin
    Corp., to Marlene Dortch, Secretary, FCC (dated July 6, 2005)
    *(Lockheed 131.8*° *E.L. Letter).*

[^3]: *See* Public Notice, Report No. SAT-00018, released May 27, 1999.

[^4]: On July 30, 2003, Lockheed amended its application to (1) revise
    its requested radio frequencies, (2) clarify its Tracking, Telemetry
    and Command (TT&C) functions, and (3) provide additional or revised
    technical information. *See* Public Notice, Report No. SAT-00018,
    released May 27, 1999. Lockheed's July 2003 Amendment was also
    placed on Public Notice, and the comments filed in response are also
    listed in Appendix A. *See* Public Notice, Report No. SAT-00160, in
    reference to Lockheed's July 2003 Amendment, File No.
    SAT-AMD-20030730-00150, released August 18, 2003.

[^5]: *See Lockheed Martin Corp., Amendment to Application for Authority
    to Launch and Operate a Global System of Geostationary Orbit
    Satellites in the Radionavigation-Satellite Service*, File No.
    SAT-AMD-20040130-00008, filed January 30, 2004, (Lockheed January
    2004 Amendment). Subsequently, Lockheed further amended its
    application on February 5, 2004. *See also Lockheed Martin Corp.,
    Amendment* Application *for Authority to Launch and Operate a Global
    System of Geostationary Orbit Satellites in the
    Radionavigation-Satellite Service*, File No. SAT-AMD-20040205-00012,
    filed February 5, 2004 (Lockheed February 2004 Amendment). Lockheed
    February 2004 Amendment basically replaced in its entirety
    Lockheed's previous January 2004 Application.

[^6]: GE Americom and Panamsat criticize Lockheed\'s original plans to
    perform TT&C functions in the extended C-band. *See* GE Americom
    Comments at 2. *See also* Panamsat Comments at 2. Because Lockheed
    later withdrew its request for TT&C authority, we dismiss GE
    Americom\'s and Panamsat\'s contentions as moot.

[^7]: *See* Public Notice, Report No. SAT-00202, in reference to
    Lockheed's January 2004 and February 2004 Amendments, File Nos.
    SAT-AMD-20040130-00008 and SAT-AMD-20040205-00012, released March
    19, 2004.

[^8]: *See Lockheed Martin Corp., Amendment to Application for Authority
    to Launch and Operate a Global System of Geostationary Orbit
    Satellites in the Radionavigation-Satellite Service*, File No.
    SAT-AMD-20040524-00106, filed May 24, 2004 (Lockheed May 2004
    Amendment).

[^9]: *See Lockheed Martin Corp., Amendment to Application for Authority
    to Launch and Operate a Global System of Geostationary Orbit
    Satellites in the Radionavigation-Satellite Service*, File No.
    SAT-AMD-20041012-00197, filed October 12, 2004 (Lockheed October
    2004 Supplemental Amendment).

[^10]: *See Lockheed Martin Corp., Amendment to Application for
    Authority to Launch and Operate a Global System of Geostationary
    Orbit Satellites in the Radionavigation-Satellite Service,* File No.
    SAT-AMD-20050210-00036, filed February 10, 2005 (Lockheed February
    2005 Interference Analysis Amendment).

[^11]: *See* Lockheed February 2004 Amendment at 11.

[^12]: *Id.* at 12.

[^13]: For purposes of this *Order,* the term "extended C-band" refers
    to the 6425-6725 MHz frequency band.

[^14]: For purposes of this *Order,* the term "L-band" refers to the
    1559-1610 MHz (L1 frequency band) and the 960-1215 MHz (L5 frequency
    band).

[^15]: *See* Lockheed February 2004 Amendment at 12*.*

[^16]: *See* 47 C.F.R. § 25.165.

[^17]: *See* Amendment of the Commission's Space Station Licensing Rules
    and Policies, *First Report and Order and Further Notice of Proposed
    Rulemaking*, IB Docket No. 02-34, 18 FCC Rcd 10760, 10776-77 (para.
    7) (2003) (*First Space Station Licensing Reform Order)*.

[^18]: *Id*. at 10773 (para. 21).

[^19]: 47 C.F.R. § 25.158(a).

[^20]: 47 C.F.R. § 25.158(a); *First Space Station Licensing Reform
    Order*, 18 FCC Rcd at 10773 (para. 21).

[^21]: *First Space Station Licensing Reform Order*, 18 FCC Rcd at 10773
    (para. 21).

[^22]: *See First Space Station Licensing Reform Order*, 18 FCC Rcd at
    10773 (para. 21).

[^23]: *See First Space Station Licensing Reform Order*, 18 FCC Rcd at
    10773 (para. 22).

[^24]: *See* Lockheed February 2004 Amendment at 11.

[^25]: *See First Space Station Reform Order*, 18 FCC Rcd at 10810-10811
    (paras. 125-130).

[^26]: *See* Lockheed February 2004 Amendment at 12.

[^27]: *See* 47 C.F.R. § 25.158(a). *See also First Space Station Reform
    Order,* 18 FCC Rcd at 10773-74 (para. 21-22).

[^28]: *See Lockheed 133*° *W.L. Order* at para. 15.

[^29]: *See Lockheed 133*° *W.L. Order* at para. 15.

[^30]: Lockheed also requests a waiver of Section 25.116(b)(1) of the
    Commission's rules. Under this rule Lockheed's amendment is
    classified as "major" and is subject to public notice. In addition,
    major amendments to GSO-like applications cause the application to
    be moved to the end of the queue. Lockheed argues that a waiver is
    warranted because relocating the satellite resolves a frequency
    conflict. We conclude that Lockheed has not provided good cause for
    a waiver of Section 25.116(b)(1), because it has not shown that
    placing its amendment application on public notice or moving its
    underlying application to the end of the queue would cause hardship
    or be inequitable.

[^31]: *See Lockheed 133*° *W.L. Order* at para. 17.

[^32]: *See, e.g.,* GTE Spacenet Corporation/Geostar Corporation,
    *Memorandum Opinion, Order and Authorization,* 2 FCC Rcd 5312 Com.
    Car. Bur. (1987) (RDSS payload aboard FSS satellite).

[^33]: *See* Lockheed February 2004 Amendment at 5 and 13. *See also*
    Lockheed May 2004 Amendment at 2-3.

[^34]: *See e.g.* Section 706(c) of the Communications Act of 1934, as
    amended, 47 U.S.C. §606(c); 2000 Biennial Regulatory Review \--
    Streamlining and Other Revisions of Part 25 of the Commission\'s
    Rules Governing the Licensing of, and Spectrum Usage By, Satellite
    Network Earth Stations and Space Stations, [*Fifth Report and Order
    in IB Docket No. 00-248 and Third Report and Order in CC Docket No.
    86-496,* IB Docket No. 00-248, CC Docket No. 86-496, 20 FCC Rcd
    5666, 5716-17 (para. 139)
    (2005)](http://web2.westlaw.com/find/default.wl?DB=1016&SerialNum=2006350643&FindType=Y&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.06)
    (*Part 25 Fifth Report and Order*).

[^35]: On July 7, 2005, Lockheed filed, under a request for
    confidentiality, a copy of the Subcontract Agreement for Payload
    Deactivation Capability, it executed with Telesat Canada on June 29,
    2005.

[^36]: *See* Appendix B.

[^37]: Augmentation messages referred to here are messages that contain
    error correction information that provide for differential
    corrections to the GPS receive signals, resulting in more accurate
    GPS navigation information. *See* Lockheed February 2004 Amendment
    at 11*.*

[^38]: *See* Lockheed February 2004 Amendment, Revised Table 4.1-1.

[^39]: FSS is a radiocommunication service between earth stations at
    given points and one or more satellites. *See* Amendment of Parts 2,
    25 and 97 of the Commission\'s Rules with Regard to the
    Mobile-Satellite Service Above 1 GHz, *Report and Order,* ET Docket
    No. 98-142, [17 FCC Rcd 2658, 2659 n. 1
    (2002)](http://web2.westlaw.com/find/default.wl?DB=4493&SerialNum=2002114701&FindType=Y&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.08).
    *See also* 47 C.F.R. §2.1.

[^40]: *See* 47 C.F.R. § 2.106 footnote 5.458 and footnote US342. In
    addition, Section 25.203(c) of the Commission's rules requires that
    an Earth station applicant, prior to filing its application, shall
    coordinate its proposed frequency usage with existing terrestrial
    users and with applicants for terrestrial station authorizations.
    Therefore, we remind Lockheed that it is required to coordinate its
    two feeder uplink earth stations operations with all existing
    terrestrial users and all applicants for terrestrial station
    authorization prior to filing its earth station application. *See
    also* 47 C.F.R. § 25.203(c). *See also Lockheed 133*° *W.L. Order*
    at para. 25.

[^41]: *See* 47 C.F.R. § 2.106 footnote 5.458.

[^42]: *See* Lockheed February 2004 Amendment, Appendix J at 1.

[^43]: *See* 47 C.F.R. § 2.106 footnote US342.

[^44]: *See* Lockheed February 2004 Amendment, Appendix J at 1.

[^45]: *See* Licensing Space Stations in the Domestic Fixed-Satellite
    Service*, Report and Order*, 48 F.R. 40233 (1983).

[^46]: For more on the Commission's two-degree spacing information
    requirements, see *Public Notice*, International Bureau Satellite
    Division Information: Clarification of 47 C.F.R. § 25.140(b)(2),
    Space Station Application Interference Analysis, No. SPB-195, 18 FCC
    Rcd 25099 (2003) as clarified by International Bureau Satellite
    Division Information: Clarification of 47 C.F.R. §25.140(b)(2),
    Space Station Interference Analysis, *Public Notice*, SPB-207, DA
    04-1708 (rel. June 16, 2004) (*June 16^th^ Public Notice*).

[^47]: *See* letter to Ms. Jennifer Warren, Counsel to Lockheed Martin,
    from Thomas Tycz, Chief, Satellite Division, FCC, dated January 26,
    2005 (*Lockheed January 26, 2005 Letter).*

[^48]: *See also Lockheed Martin Corp., Amendment to Application for
    Authority to Launch and Operate a Global System of Geostationary
    Orbit Satellites in the Radionavigation Satellite Service,* File No.
    SAT-AMD-20050210-00036, filed February 10, 2005 (Lockheed February
    2005 Amendment).

[^49]: *See* 47 C.F.R. § 2.106, US Table of Frequency Allocations,
    footnote US385.

[^50]: *See* ITU-R Radio Regulation, Resolution 609 (Resolution 609).

[^51]: A number of commenters took issue with Lockheed\'s original
    L-band frequency band requests. *See* Globalstar Comments at 2;
    Boeing Petition at 2; PanAmSat Petition at 2. Similarly, Motorola
    raises concerns regarding possible out-of-band interference from the
    Lockheed system. *See* Motorola Comments at 1. These concerns were
    addressed by subsequent amendments to the Commission\'s rules. *See*
    Amendment of Parts 2 and 25 to Implement the Global Mobile Personal
    Communications by Satellite (GMPCS) Memorandum of Understanding and
    Arrangements, *Second Report and Order*, IB Docket No. 99-67, 18 FCC
    Rcd 24423, 24520-25 (paras. 94-99) (2003). *See also* 47 C.F.R. §
    25.216.

[^52]: *See* 47 C.F.R. § 2.106, footnote US385.

[^53]: *See* Letter regarding Report of the Third Resolution 609 (WRC)
    Consultation Meeting to Director, Radiocommunication Bureau, ITU,
    from Kathryn O'Brien, Chief, Strategic Analysis and Negotiations
    Division, FCC (dated June 27, 2004) (800C2/SEB05204) (Report of the
    Third Resolution 609 Consultation Meeting).

[^54]: *See* Lockheed February 2004 Amendment, Appendix J at 1.

[^55]: *See* Lockheed February 2004 Amendment at 11.

[^56]: *See* [Amendment of the Commission\'s Rules to Establish Rules
    and Policies Pertaining to a Mobile Satellite Service in the
    1610-1626/2483.5- 2500 MHz Frequency Bands, *Report and Order*, CC
    Docket No. 92-166, 9 FCC Rcd 5936, 5948 (para. 26)
    (1994)](http://web2.westlaw.com/find/default.wl?DB=4493&SerialNum=1994265373&FindType=Y&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.02)
    *(B**ig LEO Report and Order*).

[^57]: *See* Report of the Third Resolution 609 Consultation Meeting.

[^58]: *Id.* at 3-4.

[^59]: *See* 47 C.F.R. § 25.164. *See also First Space Station Licensing
    Reform Order,* 18 FCC Rcd at 10828 (para. 173).

[^60]: *Id* at 10826 (para. 170).

[^61]: *Id*.

[^62]: *Id*. at 10826-27 (para. 172).

[^63]: *See* Lockheed February 2004 Amendment at 17.

[^64]: *Id.*

[^65]: *See First Space Station Licensing Reform Order,* 18 FCC Rcd at
    10820 (para. 275).

[^66]: *Id.* at 10821 (para. 277-78).

[^67]: *See* 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, 12663-64 (paras.
    71-72) (2003) (*Fifth Space Station Reform Order).* In this *Report
    and Order,* the Commission also addressed arguments similar to the
    ones Lockheed raised in its February 2004 Amendment. Specifically,
    the Commission rejected Northrop Grumman's argument that some
    parties that have prosecuted their application for years would now
    be "penalized" by a bond requirement. *Fifth Space Station Licensing
    Reform Order*, 19 FCC Rcd at 12663 (para. 72).

[^68]:
    > *See First Space Station Licensing Reform Order,* 18 FCC Rcd at
    > 10825 (para. 169). *See also* Mobile Satellite Ventures
    > Subsidiary, LLC, Application for Authority Launch and Operate an
    > L-band Mobile Satellite Service Satellite at 63.5° W.L., *Order
    > and Authorization*, 20 FCC Rcd 479 (Int'l Bur., 2005) (*MSV
    > Order).*

[^69]: *See* Lockheed February 2004 Amendment at 18.

[^70]: *First Space Station Licensing Reform Order,* 18 FCC Rcd at 10825
    (para. 169).

[^71]: *MSV Order,* 20 FCC Rcd at 491 n.72. The Bureau based this
    definition on Section 338(f)(1) of the Communications Act, 47 U.S.C.
    § 338(f)(1).

[^72]: *MSV Order*, 20 FCC Rcd at 491-92 (paras. 34-35).

[^73]: The \"push-to-talk\" feature allowed users to transmit to several
    other individuals simultaneously. *MSV Order*, 20 FCC Rcd at 491
    (para. 33).

[^74]: *MSV Order*, 20 FCC Rcd at 491-92 (para. 35).

[^75]: *MSV Order*, 20 FCC Rcd at 491-92 (para. 35).

[^76]: Lockheed February 2004 Amendment at 12. *See also Lockheed 133*°
    *W.L. Order* at para. 42.