**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In re )

)

**AirTouch Satellite Services US, Inc.** ) File No. 1367-DSE-P/L-97

)

Application for Blanket Authorization to Construct )

and Operate up to 500,000 Mobile Satellite Earth )

Terminals Through the GLOBALSTAR Mobile )

Satellite System

**ORDER AND AUTHORIZATION**

**Adopted: September 30, 1999 Released: October 4, 1999**

By the Chief, International Bureau:

**I. Introduction**

1\. By this order, we grant the application of AirTouch Satellite
Services U.S., Inc. (\"AirTouch\")[^1] for a license to construct and
operate mobile earth terminals for use in conjunction with the
GLOBALSTAR satellite system.

**II. Background**

2\. The International Bureau issued a license in 1995 for launch and
operation of the GLOBALSTAR \"Big LEO\" satellites.[^2] In 1996 the
Bureau assigned additional spectrum to the GLOBALSTAR space-segment
licensee for transmission to gateway earth stations[^3] and set
deadlines for commencement of construction and operation.[^4] In 1998
the Bureau issued a license to AirTouch for operation of a gateway earth
station in Clifton, Texas, for use in conjunction with the GLOBALSTAR
system.[^5]

3\. Under the Commission\'s blanket-licensing policy for Big LEO mobile
earth terminals, set forth in Sections 25.115 and 25.136 of its rules,
authorizations are issued to Big LEO service providers, rather than to
end users. End users operate the mobile terminals under derivative
authority from the blanket licensees and may not transmit via Big LEO
satellites without prior permission from the satellite licensee or
authorized service vendor. AirTouch is the GLOBALSTAR systems'
authorized U.S. service provider.

4\. AirTouch requests authority to construct and operate up to 500,000
user terminals in the United States. The user terminals will transmit in
the 1610-1621.35 MHz band and receive in the 2483.5-2500 MHz band, using
code-division/multiple-access (\"CDMA\") technology.[^6] Terminals will
place and receive calls through the public switched telephone network
and other terrestrial networks via interconnection at GLOBALSTAR
gateways. Some terminals will be \"multi-mode,\" *i.e.*, capable of
providing access to both terrestrial cellular services and the
GLOBALSTAR system. In addition to basic telephony, AirTouch intends to
offer call waiting and forwarding, conferencing, advanced billing
support, electronic mail, FAX, paging, and other services.

5\. Three parties filed pleadings in response to the application,
raising concerns about potential interference. The U.S. GPS Industry
Council (\"USGPS\") filed a petition to deny, arguing that the proposed
mobile terminals would cause harmful interference to reception of
satellite radionavigation signals. Mobile Communications Holdings, Inc.
(\"MCHI\") filed comments, recommending that we dismiss the application
without prejudice or withhold disposition until the Commission completes
a pending rulemaking concerning limits on out-of-band emissions from MSS
terminals. ARINC recommended that any grant of AirTouch\'s application
be made contingent on the outcome of that rulemaking. In addition to
AirTouch, AMSC Subsidiary Corporation ("AMSC") and Globalstar, L.P.,
responded to these filings. In a filing after the close of the normal
pleading cycle, USGPS requested that certain conditions be adopted in
connection with any grant of AirTouch's application.

**III. Discussion**

**A. *Protection of Satellite Radionavigation***

6\. *Overview:* AirTouch requests authority to transmit in the
1610-1621.35 MHz band. In the adjacent 1559-1610 MHz frequency band,
there are two satellite radionavigation systems currently operating: the
GPS system, maintained by the U.S. Department of Defense, and the
GLONASS system, maintained by the Russian Federation. The Federal
Aviation Administration is planning a future aeronautical
radionavigation system that would use the GPS or both systems in the
United States, and the International Civil Aviation Organization is
developing standards for similar use of these two systems on a global
basis.

7\. In 1994, the Commission adopted out-of-band emission limits for
protection of GPS as part of its rules for the Big LEO service,[^7] and
indicated that additional requirements might be imposed on completion of
further studies regarding protection required for aeronautical
radionavigation. Following further studies, the National
Telecommunications and Information Administration (\"NTIA\") recommended
in 1997 that the Commission adopt modified requirements.[^8] Soon after
the NTIA presented its recommendations, the International
Telecommunication Union\'s Radiocommunication Sector (\"ITU-R\") and the
European Conference of Postal and Telecommunications Administrations
(\"CEPT\") developed similar requirements. Specifically, the ITU-R
recommended that MSS terminals licensed for TDMA transmission to
non-geostationary satellites in frequency bands between 1 and 3 GHz
suppress the e.i.r.p. density of emissions in the 1559-1605 MHz band to
-70 dBW/MHz and that such terminals transmitting with CDMA modulation
suppress emissions to the same extent in the 1559-1580.42 MHz band.[^9]
Pending further study, the ITU-R refrained from issuing a specific
recommendation for suppression of CDMA emissions in the 1580.42-1610 MHz
band. However, the ITU did recognize that a satellite earth terminal
that meets a value of --70 dBW/MHz, prior to the completion of further
study, will be considered to have met the final values in the band
1580.42-1605 MHz. CEPT subsequently adopted a -70 dBW/MHz limit on
e.i.r.p. density of emissions in the 1559-1605 MHz band for all MSS
terminals transmitting on assigned frequencies in the 1610-1626.5 MHz
band.[^10]

8\. Consistent with this emerging global standard, in December 1998 the
Commission adopted provisional out-of-band emissions limits in
connection with the voluntary interim certification of MSS terminals
operating in the 1610-1626.5 MHz band, pending final action on the
NTIA\'s proposal on out-of-band emission limits.[^11] The interim
certification enables manufacturers to register terminal equipment
promptly with the ITU and thereby secure the \"GMPCS-MoU ITU Registry\"
mark, in order to facilitate roaming and transportation of subscriber
terminals across national borders. To minimize the possibility that such
terminals might have to be recalled, the Commission adopted as its
provisional out-of-band emissions limit the most rigorous limits then
under consideration for permanent application: suppression of wideband
emissions to -70 dBW/MHz and narrowband emissions to -80 dBW/700 Hz
throughout the 1559-1605 MHz band.

9\. In March of this year, the Commission issued its *GMPCS NPRM,* in
which it proposed emissions limits in accordance with the NTIA\'s
recommendations.[^12] The Commission is currently considering public
comments filed in response to that rulemaking proposal.

10\. *Impact on Ground-Based GPS Receivers.* AirTouch indicates it will
meet NTIA's recommended emissions standard. In particular, AirTouch
represents that the e.i.r.p. density (averaged over 20 ms) of emissions
from GLOBALSTAR terminals commissioned before January 1, 2002 will not
exceed -70 dBW/MHz in the 1559-1580.42 MHz band and -64 dBW/MHz in the
1580.42-1605 MHz band and that the e.i.r.p. of any discrete spurious
emissions of less than 700 Hz bandwidth will not exceed -80 dBW in the
1559-1585.42 MHz band and -74 dBW in the 1585.42-1605 MHz band.[^13]
These specifications are identical to the out-of-band emissions limits
that the Commission recently proposed to adopt in the *GMPCS NPRM* for
terminals placed in service before 2002. AirTouch also indicates that it
will comply with the post-2002 requirements proposed by NTIA.
AirTouch\'s emission specifications meet the requirements of Section
25.213(b), the Commission\'s current limit on out-of-band emissions from
Big LEO mobile terminals into GPS frequencies. Section 25.213(b)
requires suppression of wideband and narrowband (i.e., bandwidth less
than 600 Hz) emissions from Big LEO mobile earth stations to -70 dBW/MHz
and -80 dBW, respectively, in frequencies between 1574.397 MHz and
1576.443 MHz.

11\. The U.S. GPS Industry Council (\"USGPS\")[^14] argues that
AirTouch\'s out-of-band emissions specifications are not sufficient to
prevent harmful interference to ground-based GPS receivers. According to
USGPS, ground-based GPS receivers are used in an ever-increasing number
of civilian applications, many of which involve safety. For instance,
USGPS asserts, GPS receivers are used for maritime navigation, search
and rescue, buoy positioning, supertanker docking, mining, train control
and collision avoidance, and ambulance, police-car, and fire-engine
dispatch. USGPS contends that the Commission should take \"strenuous
measures\" to ensure that GPS service to ground-based receivers will not
be disrupted before approving introduction of new services in adjacent
bands. USGPS raises three main arguments to support its petition to
deny.

12\. First, USGPS asserts that the NTIA proposed limits AirTouch plans
to meet were developed to protect aeronautical radionavigation, and are
inadequate for ground-based GPS receivers. Second, USGPS asserts that
since 1994, when the Big LEO out-of-band emission standard was adopted,
some GPS receivers have begun using the technique of semi-codeless
carrier phase tracking, which is more sensitive to interference.[^15]
Third, USGPS maintains that the pre-2002 specifications for AirTouch's
terminals are inadequate because they are inconsistent with
international standards. USGPS maintains that we should, therefore, deny
AirTouch's request unless it proves with actual test data that its
terminals will not interfere with ground-based GPS reception. We address
these arguments *seriatim*.

13\. We reject USGPS's argument that the standards we are applying to
AirTouch's request are inadequate because they are based on protection
criteria developed for aeronautical radionavigation. USGPS is correct
that the out-of-band emission limits NTIA has proposed, and that
AirTouch indicates it will meet, were developed specifically to protect
aeronautical radionavigation. Those limits were developed assuming a
worst case scenario in which a transmitting earth terminal was located
100 feet directly below an airplane as it landed. The 100-foot
separation and the interposition of the plane's fuselage both provide
for greater signal attenuation than one would expect from co-located MSS
terminals and GPS terminals. On the other hand, because of the speeds
typically involved, and the consequent need to update position
information at extremely short time intervals, the requirements for
reliable aeronautical radionavigation are generally time critical and
thus more rigorous than for other uses. USGPS has not established that
non-aeronautical services involving safety of life require the same type
of time-critical position location information as needed for precision
approach and landing by aircraft. Thus, it has not justified the need
for the same standard as for aeronautical radionavigation, much less a
more stringent standard. Nor has USGPS presented any evidence that any
land-mobile GPS application would be critically affected, with
consequent loss of safety, by MSS terminals. This is particularly true
since such applications would be susceptible, unlike an aeronautical
radionavigation receiver, to masking by terrain, tall buildings,
overpasses, and tunnels, and would need to be designed to operate
effectively with temporary signal interruptions, from whatever source.
[^16] Thus, USGPS has not presented specific allegations of fact
comprising a prima facie showing that operation of AirTouch mobile
terminals is contrary to the public interest.

14\. This is not the first time the Commission has considered this
question. The FCC out-of band emissions rule was adopted after
exhaustive opportunities for public participation and comment, and with
an explicit goal of protection of non-aeronautical GPS receivers.
Specifically, the Commission adopted Section 25.213(b) in 1994 based on
the unanimous recommendation from a Negotiated Rulemaking Committee. The
Committee, comprised of regulatory officials and industry
representatives, included a representative from the Rockwell
International Corporation, a USGPS member. The Committee acknowledged
that the separation between Big LEO terminals and GPS receivers carried
in motor vehicles could be as little as the width of a highway lane. The
Committee observed, however, that because of relative vehicle motion,
GPS receivers aboard motor vehicles would only briefly be within
interference range of a Big LEO terminal and that such interference
could therefore be minimized through solution-averaging in the GPS
receiver.[^17] The Committee concluded that a limit of --70dBW/MHz over
any 20 ms period, and a narrowband (i.e., less than 600 Hz) limit of
--80dBW, applied in the 1574.397-1576.443 MHz GPS C/A band, would
suffice for protection of ground-based GPS receivers.[^18] The
Commission adopted the recommendation for protection of GPS in the *Big
LEO Report and Order,* concluding that the limits were "appropriate to
protect GPS operations near 1575 MHz."[^19]

15\. We also do not agree with USGPS's second argument concerning the
need to apply more stringent requirements in order to protect the
"semi-codeless" GPS receivers introduced since 1994. Assuming that these
receivers are in fact susceptible in any critical respect to
interference from MSS terminals, they appear to have been introduced to
the market without any reasonable expectation, based on FCC rules, that
they would be protected from interference. MSS providers have been on
notice since the *Big LEO Report and Order* that further emissions
restrictions might be imposed for protection of aeronautical
radionavigation and have accepted the risk of regulatory uncertainty in
that respect. They have had no reason to anticipate, however, that
additional restrictions would be imposed for protection of ground-based
GPS.[^20]

16\. We also reject USGPS's third argument, that AirTouch\'s
specifications for pre-2002 terminals are inconsistent with relevant
international recommendations. First, ITU-R Recommendation M.1343
requires that GMPCS terminals using CDMA suppress emissions to -70
dBW/MHz up to 1580.42 MHz. AirTouch's terminals meet this requirement.
Second, our *GMPCS Interim Procedures* provide a strong incentive for
AirTouch to field mobile terminals that suppress out-of-band emissions
to at least --70 dBW/MHz in the 1559-1605 MHz band, consistent with
international standards.[^21]

17\. *Conforming First-Generation Terminals to Final Requirements.*
Several parties raise concerns because AirTouch is seeking an
authorization that would take advantage of the NTIA's proposed
time-phased approach to implementation of out-of-band emissions limits.
In its application, AirTouch declares that terminals commissioned prior
to 2002 that do not meet the NTIA\'s recommended post-2002 emissions
standard \"can be brought into conformance through hardware
modification, or through software implementation methods such as \...
frequency assignment \... or power control, implemented by the
corresponding gateway earth station.\"[^22] USGPS and MCHI object that
the assertion that pre-2002 terminals *can* be conformed to the
post-2002 standard is not a commitment. MCHI maintains that AirTouch's
declaration is dubious and unsupported, and argues that in the interest
of protecting consumers from purchasing GLOBALSTAR terminals that will
become obsolete, we should delay licensing GLOBALSTAR mobile terminals
until the *GMPCS* rulemaking is completed. In the alternative, MCHI
recommends that we condition AirTouch's authorization to require
AirTouch and/or GLOBALSTAR to absorb the cost of bringing terminals into
compliance.

18\. The application unequivocally states that \"GLOBALSTAR terminals
commissioned after January 1, 2002, or in operation after January 1,
2005, will not exceed -70 dBW/MHz for EIRP \... and -80 dBW in the band
1559-1605 MHz for the EIRP of any discrete spurious emission (i.e.,
bandwidth less than 700 Hz).\"[^23] This would fully comply with the
requirements that the Commission has proposed in the *GMPCS NPRM.* In
the event that the Commission adopts stricter requirements, AirTouch
will, of course, be obliged to comply with them, including requirements
covering operation of previously-manufactured terminals. If it cannot
conform the operation of previously-manufactured terminals to rule
requirements, AirTouch will have to recall, disable or otherwise modify
them or their operations, as appropriate. Furthermore, and regardless of
what rules are ultimately adopted in the GMPCS proceeding, we are
adopting specific conditions concerning out-of-band emissions for
terminals. Those conditions will explicitly incorporate the
specifications for out-of-band emissions stated in AirTouch's
application, and require that terminals not meeting the post-January 1,
2002, limits be deactivated, physically modified, or otherwise modified
(through hardware/software implementation such as limitation of
operations to frequencies at the upper end of the operating band, or
power control). For the third method, after receiving concurrence from
NTIA and FAA, the FCC will approve continuation of service past January
1, 2005, using the specific hardware/software implementation. We
therefore will make it a condition of the authorization that, to the
extent AirTouch intends to use this method, it submit, following
consultations with the FAA and NTIA, a showing detailing the
hardware/software methods it will use. This showing should be submitted
well prior to January 1, 2002.

19\. MCHI also argues that AirTouch's pre-2002 terminals would not meet
the provisional out-of-band emission limits adopted in *GMPCS Interim
Procedures*, which uses NTIA's proposed post-2002 limits,
[i.e.]{.underline}, -70 dBW/MHz and -80 dBW/700Hz on emissions anywhere
between 1559 MHz and 1605 MHz. Thus, MCHI asserts, \"the Commission
itself has \... advanced a standard for \[out-of-band\] emissions that
AirTouch has not demonstrated an ability to meet.\" We reject MCHI's
contention. The Commission did not predicate its adoption of the
provisional out-of-band emissions limits on a finding that immediate
suppression to -70 dBW/MHz and -80 dBW/700 Hz throughout the satellite
radionavigation band below 1605 MHz is necessary to avert harmful
interference. Rather, it adopted those limits because they were the most
rigorous that had been proposed for permanent application, in order to
minimize the likelihood that terminals voluntarily certified and
designed specifically to be capable of roaming outside the United States
would have to be recalled. Thus, while AirTouch's pre-2002 terminals
will not qualify for certification if their emissions performance does
not meet post-2002 requirements, this does not warrant denial of
AirTouch's application, since interim certification is not compulsory.

20\. *USGPS's Request for Conditions.* In a letter filed on August 4,
1999, USGPS states conditions it would prefer to see on any grant of
AirTouch's authorization. First, USGPS asks that we prohibit the
operation of any terminals at any time that do not meet a broadband
out-of-band emission limit of --70 dBW/MHz. USGPS argues that it has
conclusively demonstrated in its comments on the *GMPCS NPRM* that any
lesser limit would result in destructive interference to GPS receivers.
For reasons set forth above, we conclude that USGPS has not demonstrated
that authorization of terminals meeting NTIA's proposed time-phased
limits would disserve the public interest.[^24] Second, USGPS asks that
we require AirTouch to work with USGPS to identify operational
guidelines for MSS terminals co-located with GPS receivers, require a
status report to the Commission in six months, and require AirTouch to
make a production model of the its MSS terminal available to USGPS for
purposes of evaluating any such operational guidelines. We are not
adopting any specific conditions. We see no need to limit industry
discussions to the development of operational guidelines for MSS
terminals, nor to specify a specific time frame for completion of
discussions. However, we remind all parties of the need to work
cooperatively to maximize the benefits the public derives from both MSS
terminals and GPS receivers. Finally, USGPS asks that the Commission
expressly state that the --70 dBW/MHz out-of-band emission level up to
1605 MHz is not a "protection criterion" for GPS receivers, but is
instead an emission level designed solely for MSS transmitters in the 1
to 3 GHz bands. USGPS is correct. As our discussion above makes clear,
the level to which USGPS refers is not a "protection criterion" for all
GPS receivers and all classes of emitters. Instead, it represents an
out-of-band emission limitation on operations of mobile satellite earth
stations transmitting in the 1610-1660.5 MHz band, so as to protect
operation of GPS and GLONASS receivers used for aeronautical
radionavigation.

**B. *Protection of Radio Astronomy***

21\. AirTouch declares in Exhibit C of the application that \"Globalstar
intends to abide by the radioastronomy coordination guidelines set forth
in \... Section 25.213(a)\" of the Commission\'s rules. Section
25.213(a) sets forth requirements for protection by Big LEO terminals of
radio astronomy sites, both for operations in the 1610.6-1613.8 MHz
band, [^25] and for out-of-band emissions caused by operations in
adjacent bands.[^26] MCHI contends that the application is deficient,
however, because it does not explain how AirTouch would comply with the
out-of-band emission requirements. Although AirTouch's application does
not address the precise method by which it will comply with the
out-of-band emission limits, AirTouch's uncontradicted statements, under
penalty of perjury, establish that the system will have sufficient
technical ability to determine the position of mobile terminals so as to
comply with our rules. Furthermore, MCHI has provided no factual basis
for calling into question AirTouch's ability to discharge its
obligations as a licensee to insure conformance of the actual operations
of GLOBALSTAR terminals with this rule. We remind AirTouch, however, of
its obligation to work cooperatively with radio astronomy services to
avoid unacceptable interference.

**C. *Authority for Fixed Terminals***

22\. The application requests authority for operation of some of the
earth terminals as fixed stations. The frequency bands in which
AirTouch's terminals will operate are allocated to mobile satellite
services, not fixed satellite services. However, we will grant the
request on an ancillary basis, consistent with a general policy of
flexibility reflected in precedent, with the usual stipulation that the
nonconforming service may only be provided on a no-harmful-interference
basis vis-à-vis any licensed service provided in conformance with the
Table of Allocations.[^27]

**IV. Conclusion**

23\. We find that AirTouch is qualified to receive the requested
authorization for construction and operation of mobile earth-station
terminals and that grant of its application will serve the public
interest by enabling AirTouch to provide a new mobile-satellite
communication service, thereby enhancing competition among service
providers and adding to the range of available service options for end
users.[^28]

**V. Ordering Clauses**

24\. Accordingly, pursuant to authority delegated in 47 C.F.R. §0.261,
IT IS ORDERED that Application No. 1367-DSE-P/L-97 IS GRANTED, and
AirTouch Communications, Inc. IS AUTHORIZED to construct as many as
500,000 mobile earth-station transceivers capable of transmitting in the
1610-1626.5 MHz band but with an assigned frequency band of 1610-1621.35
MHz for transmission to GLOBALSTAR satellites from points in the United
States, in accordance with the specifications set forth in its
application, as amended, and consistently with the FCC\'s rules.

25\. IT IS FURTHER ORDERED that this license shall be coterminous with
the license for GLOBALSTAR satellites.[^29]

26\. IT IS FURTHER ORDERED that this authorization will be subject to
any applicable out-of-band emission restrictions adopted in IB Docket
No. 99-67 for protection of aeronautical radionavigation.

27\. IT IS FURTHER ORDERED that mobile earth-station transceivers
activated and brought into service after January 1, 2002, and all mobile
earth-station transceivers operating after January 1, 2005, will limit
out-of-band emissions in the frequency band 1559-1605 MHz, to no more
than -70 dBW/MHz EIRP density level (averaged over any 20 ms period) and
--80 dBW for the EIRP of any discrete spurious emission (i.e. bandwidth
less than 700 Hz). Mobile earth-station transceivers activated and
brought into service prior to January 1, 2002, not meeting the
requirements for mobile earth-station transceivers activated and brought
into service after January 1, 2002, shall be, prior to January 1, 2005:

i.  permanently deactivated, or

ii. physically modified such that they suppress emissions to the
    specified levels, or

iii. otherwise modified in their operations (through hardware/software
     implementation such as limitation of operations to frequencies at
     the upper end of the operating band).

28\. IT IS FURTHER ORDERED that, in the event AirTouch seeks to comply
with the requirements in Paragraph 27 using the methods specified in
subparagraph iii.), AirTouch, following consultations with the FAA and
NTIA, SHALL SUBMIT, prior to January 1, 2002, a showing detailing the
hardware/software methods it will use.

29\. This license shall not vest in the licensee any right to operate
earth stations or use the assigned frequencies beyond the term thereof
or in any manner other than authorized herein, and neither the license
nor the rights granted thereunder shall be assigned or transferred in
violation of the Communications Act. The rights granted herein are
subject to the rights of use or control conferred by 47 U.S.C. §706.

FEDERAL COMMUNICATIONS COMMISSION

Donald Abelson

Chief, International Bureau

[^1]: Since the filing of this application, AirTouch has changed its
    name to Globalstar USA, Inc. *See* Letter to the Secretary, FCC,
    dated August 4, 1999, in connection with AirTouch's Application for
    Authority Pursuant to Section 214 of the Communications Act of 1934,
    as Amended, to Provide Facilities-Based and Resold International
    Services to All International Points. For ease of reference to
    materials in the file of this proceeding, this *Order* will refer to
    the applicant as "AirTouch." The term "GLOBALSTAR" will be used to
    refer to the satellite communications network in connection with
    which AirTouch is seeking an authorization.

[^2]: ^?^ *Loral/Qualcomm Partnership, L.P.,* 10 FCC Rcd 2333 (Int\'l
    Bur. 1995). Big LEO systems are Mobile-Satellite Service ("MSS")
    systems licensed to provide voice and data communications via
    non-geostationary satellites, using spectrum in the 1610-1626.5 MHz
    band for transmission from mobile terminals to satellites and, for
    some systems, using the 2483.5-2500 MHz band for transmission from
    satellites to mobile terminals. *See Amendment of the Commission's
    Rules to Establish Rules and Policies Pertaining to a Mobile
    Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency
    Bands*, 9 FCC Rcd 5936 (1994) ("*Big LEO Report and Order"*).

[^3]: ^?^ A gateway station is a fixed earth station through which MSS
    transmissions are directed for purposes of billing, traffic routing,
    control, and interconnection with terrestrial or other satellite
    networks.

[^4]: ^?^ *L/Q Licensee, Inc.*, 11 FCC Rcd 16410 (Int\'l Bur. 1996).

[^5]: ^?^ *Radio Station Authorization for AirTouch Satellite Services
    US, Inc.*, SES-LIC-19970310-00343.

[^6]: ^?^ CDMA is a digital transmission technique in which the signal
    occupies a bandwidth larger than that needed to contain the
    information being transmitted. Because the signal is spread over a
    wide bandwidth, the power is dispersed and interference potential is
    reduced because the E.I.R.P. density is lower. The spreading is
    accomplished by modulating the signal by a code that is independent
    of the information data. A synchronized code in the receiver is used
    to de-spread the signal and recover the information.

[^7]: ^?^ *See* 47 C.F.R. § 25.231(b). Radio transmitters are typically
    designed to concentrate their signals in specific frequency bands
    but cannot completely eliminate emissions at other frequencies. The
    signals generated by a transmitter in frequencies outside of the
    band in which communications are authorized are referred to as
    "out-of-band emissions."

[^8]: ^?^ Specifically, the NTIA recommended adoption of the following
    requirements for MSS terminals transmitting on assigned frequencies
    between 1610 and 1660.5 MHz: (1) suppression of wideband e.i.r.p.
    density to

    -70 dBW/MHz or less in the 1559-1580.42 MHz band and suppression of
    narrowband emissions to -80 dBW/700 Hz or less in the 1559-1585.42
    MHz band; (2) for terminals placed in service before January 1, 2002
    with assigned transmission frequencies in the 1610-1626.5 MHz band:
    suppression of wideband emissions in the 1580.42-1605 MHz band to
    -64 dBW/MHz and suppression of narrowband emissions in the
    1585.42-1605 MHz band to -74 dBW/700 Hz; (3) for terminals placed in
    service after January 1, 2002 and all terminals in operation after
    January 1, 2005: suppression of wideband emissions to -70 dBW/MHz
    and narrowband emissions to -80 dBW/MHz throughout the 1559-1605 MHz
    band.

[^9]: ^?^ Recommendation ITU-R M.1343, *Essential Technical Requirements
    of Mobile Earth Stations for Global Non-Geostationary
    Mobile-Satellite Service Systems in the Bands 1-3 GHz.*

[^10]: ^?^ European Testing and Standards Institute TBR-041 and TBR-042.

[^11]: ^?^ *1998 Biennial Regulatory Review \-- Amendment of Parts 2,
    25, and 68 of the Commission\'s Rules to Further Streamline the
    Equipment Authorization Process for Radio Frequency Equipment,
    Modify the Equipment Authorization Process for Telephone Terminal
    Equipment, Implement Mutual Recognition Agreements and Begin
    Implementation of the Global Mobile Personal Communications by
    Satellite (GMPCS) Arrangements*, 13 FCC Rcd 24687 (1998) (*\"GMPCS
    Interim Procedures\"*).

[^12]: ^?^ *Amendment of Parts 2 and 25 to Implement the Global Mobile
    Personal Communications by Satellite (GMPCS) Memorandum of
    Understanding and Arrangements; Petition of the National
    Telecommunications and Information Administration to Amend part 25
    of the Commission\'s Rules to Establish Emissions Limits for Mobile
    and Portable Earth Stations Operating in the 1610-1660.5 MHz Band*,
    FCC 99-37 (released March 5, 1999) (*GMPCS NPRM).*

[^13]: ^?^ AirTouch Application, Exhibit C, p.11, as amended May 13,
    1998.

[^14]: ^?^ USGPS describes itself as an industry trade association,
    formed for the purpose of promoting sound policies for commercial
    development of GPS without impairing its military usefulness. Its
    current membership includes the principal U.S. manufacturers of GPS
    equipment.

[^15]: ^?^ *See* USGPS Petition to Deny, at 6 (the earliest type of GPS
    receiver to enter civilian use, the C/A code receiver, is less
    sensitive to interference than the newer semi-codeless carrier phase
    GPS receiver). The C/A (Coarse/Acquisition) Code, sometimes referred
    to as the civilian GPS signal, is available for civilian use, but is
    intentionally degraded so as to limit its accuracy.

[^16]: ^?^ The availability of cheaper alternative means of mobile
    communication via terrestrial facilities will presumably tend to
    inhibit use of GLOBALSTAR mobile terminals in urban areas thereby
    reducing the frequency of close-hand encounters with GPS-equipped
    vehicles.

[^17]: ^?^ *Report of the MSS Above 1 GHz Negotiated Rulemaking
    Committee*, § 3.3.7.2 (April 6, 1993). Although the Negotiated
    Rulemaking Committee did not define "solution averaging," it appears
    that the term refers to methods for improving accuracy through use
    of multiple readings over time.

[^18]: ^?^ *Id.* at § 5.2.2.7.

[^19]: ^?^ *Id.* at ¶ 133.

[^20]: ^?^ *See* Comments of AMSC, at 3 ("\[I\]t is not fair to \[MSS\]
    operators to perpetually reassess the necessary limits on MSS
    emissions with the arrival of each successive GPS marketing plan.")

[^21]: ^?^ *See supra., ¶* 7.

[^22]: ^?^ AirTouch Application, Exhibit C, p.12 (rev 4). Commissioned
    terminals are those which have been activated and brought into
    service.

[^23]: ^?^ *Id.*

[^24]: ^?^ See also comments of GLOBALSTAR, L.P., on the GMPCS NPRM
    (examining in detail potential interference scenarios).

[^25]: ^?^ *See* 47 C.F.R. § 25.213(a)(1)(I), (ii) (requiring "keep-out"
    zones around specific radioastronomy sites).

[^26]: ^?^ *See* 47 C.F.R. § 25.213(a)(1)(iii)(specifying protection to
    radio astronomy sites).

[^27]: ^?^ *See Motorola Satellite Communications, Inc.*, 11 FCC Rcd
    13952 (1996), and precedents cited in n.14 therein.

[^28]: ^?^ While we will not adopt conditions in this licensing
    proceeding, we strongly encourage all MSS providers to begin taking
    steps now to provide routing for emergency communications to
    appropriate public safety answering points. *See, e.g., The
    Establishment of Policies and Service Rules for the Mobile Satellite
    Service in the 2 GHz Band,* Notice of Proposed Rulemaking, FCC 99-50
    at ¶¶ 93-94 (released March 25, 1999).

[^29]: ^?^ The term of the GLOBALSTAR satellite license is ten years
    from certification of initial operation, subject to compliance with
    progress deadlines. *See Loral/Qualcomm Partnership, L.P.*, 10 FCC
    Rcd 2333 ¶29 (1995), and *L/Q Licensee, Inc.*, 11 FCC Rcd 16410 ¶16
    (1996).