# Before the

# Federal Communications Commission

# Washington, D.C. 20554

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| In the Matter of                 | * | File Nos. 182 through        |
|                                  | * | 186-SAT-P/LA-95              |
| Astrolink International LLC      | ) |                              |
|                                  | * | & SAT-MOD-19971222-00200     |
| Application for Authority to     | * |                              |
| Construct, Launch, and Operate a |   |                              |
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# ORDER AND AUTHORIZATION

**Adopted: January 30, 2001 Released: January 31, 2001**

By the Chief, International Bureau:

# INTRODUCTION

1.  With this *Order and Authorization*, we modify Astrolink
    International LLC's ("Astrolink") license to launch and operate a
    satellite system in the geostationary-satellite orbit ("GSO") to
    provide fixed-satellite service ("FSS") in a portion of the
    Ka-band.[^1] In particular, we authorize Astrolink to operate
    inter-satellite links ("ISLs") and specify additional downlink
    operating frequencies for satellite-to-user transmissions.[^2] In
    addition, we assign milestone requirements for construction, launch,
    and operation of the satellite system. This will ensure that
    Astrolink will make timely progress toward launching its satellites
    and making its advanced broadband communication services available
    to businesses and consumers around the world. Failure by Astrolink
    to meet its milestones will render this authorization null and void.

###### BACKGROUND

######## The Astrolink License

2.  In May 1997, as part of the first Ka-band processing round, the
    International Bureau ("Bureau") authorized Lockheed Martin
    Corporation, Astrolink's predecessor-in-intererst, to launch and
    operate a GSO satellite system to provide FSS in the Ka-band.[^3]
    Astrolink, the current license-holder, intends to use this system to
    provide global internet service, video conferencing, distance
    learning, telemedicine, high-speed data networks and "bandwith on
    demand." The system consists of nine interconnected GSO FSS
    satellites assigned to five orbit locations.[^4] The Authorization
    Order permits Astrolink to operate its service links\--satellite
    transmission links to and from user units\--in the 28.35-28.6 GHz
    and the 29.25-30.0 GHz bands for uplink transmissions and the
    19.7-20.2 GHz band for downlink transmissions.[^5] The Authorization
    Order did not include operating authority for inter-satellite link
    service, nor did it include additional downlink spectrum requested
    by Astrolink.

######## Inter-Satellite Links

3.  In its original application, Astrolink proposed to use ISLs in
    portions of the 54.25-58.2 GHz and 59-64 GHz frequency bands. When
    we awarded Astrolink its license, we deferred assigning ISL
    frequencies because none of these bands were suitable at that time
    for inter-satellite link service.[^6]

4.  Specifically, these bands are shared on a co-equal basis with U.S.
    Government operations, including ongoing operations in the
    inter-satellite and Earth exploration-satellite service. The
    National Telecommunications and Information Administration (NTIA)
    expressed concern regarding potential harmful interference between
    commercial ISL operations and these government services. In 1997,
    the United States presented proposals to the then-upcoming World
    Radiocommunication Conference (WRC-97) concerning ISL operations in
    the 54.25-59.3 GHz and 64-71 GHz bands.[^7] These proposals were
    designed to allow us to assign ISLs to all first-round Ka-band
    system applicants requesting them, while addressing NTIA's
    interference concerns. In view of the uncertainty surrounding this
    issue, we deferred awarding ISL frequencies pending the outcome of
    WRC-97.

5.  Among other actions relating to ISLs, WRC-97 limited the 54.25-59.3
    GHz band to communications between GSO satellites.[^8] Additionally,
    ITU Radio Regulation S5.556A states that satellites operating in the
    54.25-56.9 GHz, 57-58.2 GHz and 59-59.3 GHz bands shall meet the
    specified power flux-density limit at all altitudes from 0 km to
    1000 km above the Earth\'s surface.[^9] In June 1998, the
    International Bureau requested that each Ka-band FSS licensee update
    its ISL request in light of the actions taken at WRC-97.[^10] In
    addition, the Bureau asked each applicant to provide the Bureau with
    the specific frequency bands on which it proposes to operate its ISL
    service and to coordinate its proposed frequency bands with the
    other Ka-band licensees before it presented its proposal to the
    Commission. In response, the GSO FSS Ka-band licensees requesting
    ISL spectrum submitted a report in October 1998 (hereinafter the
    "*GSO FSS Sharing Report*"),[^11] concluding that ISLs of the
    licensed GSO FSS systems could share the same frequencies with few
    constraints.

6.  At the same time, Teledesic LLC ("Teledesic"), the only NGSO
    licensee employing ISLs in the same frequency bands, also submitted
    a sharing report (hereinafter the "*Teledesic Sharing
    Report*").[^12] The *Teledesic Sharing Report* concluded that its
    ISLs could operate on the same frequencies as the GSO system ISLs,
    except for possible mutual interference in the limited case of GSO
    networks using ISL links among satellites that are separated by 157
    to 162 longitudinal degrees.

7.  After reviewing the *GSO FSS Sharing Report,* the Bureau concluded
    that it needed additional information to support the report's
    findings. Accordingly, the Bureau sent a letter to each of the
    parties, including Astrolink, requesting a description of the ISL
    arrangement, including which satellites at which licensed orbital
    locations will communicate with each other through the ISLs, the
    amount of ISL spectrum required by each satellite, and the
    justification for the amount of the ISL spectrum requested.[^13] In
    its letter, the Bureau noted that there are additional requests from
    applicants requesting ISL spectrum in the 40 GHz band, and that
    several of the applicants in the second Ka-band processing round
    also proposed systems using ISLs.[^14] To maximize the number of
    systems that could operate in the bands available for ISLs, the
    Bureau said it would only authorize first round Ka-band licensees
    for the specific amount of ISL spectrum actually required for ISL
    operations.[^15]

8.  In response, Astrolink requested three 600 megahertz channels in the
    54.25-54.85 GHz, 55.925-56.525 GHz, and 57.6-58.2 GHz frequency
    bands for ISLs.[^16] Astrolink represented that it intends to use
    ISLs in its five licensed GSO orbital locations.[^17]

######## Service Downlink Bands

9.  In addition to the remaining issue regarding its ISL frequencies,
    there is also an outstanding issue regarding Astrolink's
    satellite-to-user frequencies. In its original application,
    Astrolink requested 1000 megahertz of spectrum at 18.55-18.8 GHz and
    19.45-20.2 GHz for its service downlink bands. [^18] The Ka-band
    arrangement in effect at that time, designated only a portion of
    these bands \-- specifically the 17.7-18.8 GHz and 19.7-20.2 GHz
    bands \-- for GSO/FSS downlink operations.[^19] Consistent with the
    plan, we authorized Astrolink to operate on 500 megahertz at
    19.7-20.2 GHz for its service downlinks. We stated, however, that
    Astrolink could make up the remaining 500 megahertz by operating in
    a portion of the 17.7-18.8 GHz frequency band. Nevertheless, because
    Astrolink had not applied for 500 megahertz of spectrum in this
    band, and because the Ka-band arrangement requires GSO/FSS
    operations in this band to be conducted on a co-primary basis with
    other services, we found it was premature to grant Astrolink
    operating authority in any portion of this band.[^20] Rather, we
    directed Astrolink to file a license modification application when
    it determined which 500 megahertz it wished to use in the 17.7-18.8
    GHz band.[^21] Since that time, the Commission has released the *18
    GHz Report and Order*, which allows GSO/FSS operators to use the
    18.3-18.8 GHz band and 19.7-20.2 GHz band for downlink

    operations, subject to coordination with other co-primary
    services.[^22] Consequently, we are now in a position to assign
    additional downlink spectrum to Astrolink.[^23]

# DISCUSSION

####### Inter-Satellite Links

10. Given the sharing studies done by the licensees and the actions
    taken at WRC-97, we can now assign specific ISL spectrum to
    Astrolink's system. First, the ISL sharing analyses performed by the
    GSO FSS licensees and Teledesic reasonably accommodate all of the
    first round licensees that requested ISLs. Second, the technical
    issues with respect to Astrolink's requested
    54.25-54.85/55.925-56.525/57.6-58.2 GHz bands have been resolved.
    Specifically, the WRC-97 adopted a provision to limit these bands to
    GSO satellite transmissions and to establish a p.f.d. limit for ISL
    operations in these bands.[^24] These p.f.d. limits are to protect
    Government and non-Government NGSO satellites operating in the space
    research (passive) and Earth exploration-satellite (passive)
    services. Any non-Government systems requesting to operate ISLs in
    these bands will be required to coordinate with U.S. Government
    systems through NTIA's Interdepartment Radio Advisory Committee's
    Frequency Assignment Subcommittee ("FAS").

11. Astrolink proposes to conduct ISL operations in the 54.25-54.85 GHz,
    55.925-56.525 GHz and 57.6-58.2 GHz bands based on its constellation
    deployment scenario. Astrolink's Ka-band satellite constellation
    will consist of nine satellites located at five different orbital
    locations, with a single satellite operating at 175.25 E.L., and two
    co-located satellites operating at each of the following locations:
    97 W.L., 21.5 W.L., 2 E.L., and 130 E.L. Each satellite will require
    two 300 megahertz ISL transmit channels to transmit to the adjacent
    spacecraft, one channel for the antenna facing east, and one channel
    for the antenna facing west. In addition to these two transmit
    channels, the co-located satellites at 97 W.L., 21.5 W.L., 2 E.L.,
    and 130 E.L. will each require a third 300 megahertz transmit
    channel, which implies that each satellite at these locations will
    require three 300 megahertz transmit channels and three 300
    megahertz receive channels, for a total of six 300 megahertz
    channels, or 1800 megahertz of ISL spectrum. Each 300 megahertz ISL
    channel will be required to support a data rate of 310 Mbps. With
    the use of dual polarization by the Astrolink system, each satellite
    will be able to re-use the same spectrum at different orbital
    locations. According to Astrolink, the requested 1800 megahertz of
    ISL spectrum will allow better coordination among its satellites,
    improving the efficiency of the system and the quality of
    transmissions.

12. Based on the Ka-band service link reuse factor and the constellation
    deployment scenario, we agree that Astrolink's ISL request is
    reasonable. We will therefore authorize Astrolink to conduct ISL
    operations in the 54.25-54.85 GHz, 55.925-56.525 GHz, and 57.6-58.2
    GHz bands, subject to the relevant ITU Radio Regulations[^25] and
    coordination among the licensees pursuant to the *GSO FSS Sharing
    Report* and the *Teledesic Sharing Report*.

####### Service Downlink Bands

13. Recently, the Commission adopted rules for the deployment of
    services in the 17.7-20.2 GHz band ("18 GHz band").[^26] These rules
    are designed to reduce potential interference among the terrestrial
    and satellite services allocated in the band. The new band
    arrangement redesignates much of the spectrum that had been
    designated for co-primary satellite and terrestrial use as exclusive
    spectrum for either service. This should reduce the need to
    coordinate with other services. Under the band arrangement adopted
    in the *18 GHz Report and Order*, the Commission retained the
    19.7-20.2 GHz band for GSO FSS primary use, and split the 17.7-18.8
    GHz band, originally shared on a co-primary basis by GSO FSS and the
    Fixed Service ("FS"), into three designations. Specifically, the
    Commission designated 500 megahertz to FS for primary use in the
    17.7-18.3 GHz band, 280 megahertz for co-primary use by GSO FSS and
    FS in the 18.3-18.58 GHz band, and 220 megahertz to GSO FSS for
    primary use in the 18.58-18.8 GHz band.[^27] In adopting this band
    arrangement, the Commission stated that a total 720 megahertz of
    unshared GSO FSS downlink spectrum (the 18.58-18.8 GHz band along
    with the 19.7-20.2 GHz band), plus the flexible rules that permit
    sharing of 280 megahertz at 18.3-18.58 GHz, will enable each system
    to have ample spectrum and allow multiple systems to operate.[^28]

14. In its original application, Astrolink requested 1000 megahertz of
    downlink spectrum.[^29] We authorized Astrolink to operate using 500
    megahertz of spectrum in the 19.7-20.2 GHz range.[^30] At that time,
    however, we were not in a position to grant Astrolink's request for
    the remaining 500 megahertz of downlink spectrum given the 18 GHz
    arrangement then in effect. [^31] The Commission recently designated
    500 megahertz of spectrum at 18.3-18.8 GHz for downlink GSO FSS
    operations. Consequently, on our own motion, we grant Astrolink's
    request for an additional 500 megahertz of downlink spectrum by
    authorizing it to operate in the 18.3-18.8 GHz band in accordance
    with the *18 GHz Report and Order*.[^32]

15. In addition, Astrolink must coordinate with the U.S. Government
    systems operating in the 17.7-18.8 GHz band in accordance with
    footnote US 334 to the Table of Frequency Allocations.[^33] We note
    that Government GSO and NGSO networks are presently operating in the
    18.3-18.6 GHz and 19.7-20.2 GHz bands, and plan to operate in
    accordance with the power flux-density limits contained in the
    current ITU Radio Regulations.[^34] Additionally, we note that
    Astrolink must also comply with footnote US 255 to the Table of
    Frequency Allocations which contains power flux-density limits to
    protect the Earth exploration-satellite service (passive) for the
    18.6-18.8 GHz band.[^35]

    *C. Milestones*

16. When we granted Astrolink its license in 1997, we were not in a
    position to assign to it a specific range of ISL frequencies.
    Consequently, we did not require Astrolink to begin building its
    satellite system by including implementation milestones in its
    license. We did, however, state that we would impose a strict
    milestone schedule once ISL frequencies were authorized.

17. In authorizing ISL frequencies, we are now in a position to impose
    system implementation milestones as a condition of Astrolink's
    modified license. Requiring licensees to adhere to implementation
    deadlines prevents the valuable orbit-spectrum resource from being
    held indefinitely by licensees who are unable or unwilling to
    proceed with their plans. Specifically, Section 25.145(f) of the
    Commission's rules requires Ka-band GSO FSS licensees "\[1\] to
    begin construction of its first satellite within one year of grant,
    \[2\] to begin construction of the remainder within two years of
    grant, \[3\] to launch at least one satellite into each of its
    assigned orbit locations within five years of grant, and \[4\] to
    launch the remainder of its satellites by the date required by the
    International Telecommunication Union \[ITU\] to assure
    international recognition and protection of those satellites."[^36]
    Failure to meet any of these construction milestones will render
    those satellite authorizations null and void.

18. The dates by which the Astrolink licensed satellites must be
    "brought into use" to protect the date priority of the ITU filings
    for its service links generally are in June and July 2005, except
    for the satellite licensed at 175.25° E.L., which must be "brought
    into use" in October 2004.[^37] We recognize that, in this case,
    applying the ITU "bringing into use" dates to the last
    implementation milestone has the incongruous result of our rules
    requiring Astrolink to launch one satellite into each of its
    assigned orbit locations by January 2006, *i.e.*, after the date
    Astrolink is required to bring *all* of its satellite locations
    "into use" to protect the date priority of the U.S. ITU filings for
    its orbital locations. To address this misalignment, we require
    Astrolink to launch a satellite to each licensed orbit location
    which "brings into use" all of the frequency assignments it plans to
    operate at that orbit location by the appropriate October 2004/June
    and July 2005 date. At those orbit locations where more than one
    satellite is authorized to operate, the second co-located satellite,
    if not launched by the appropriate ITU "bringing into use" date,
    would be required to operate on the same frequencies that are used
    by the first satellite that met the ITU deadline. This will protect
    the United States' and thus, Astrolink's ability to coordinate and
    gain international recognition for satellites at each of its
    assigned orbit locations. Moreover, we do not anticipate that
    meeting this milestone will be difficult. First, it is consistent
    with Astrolink's business plan.[^38] Second, Astrolink has had
    almost four years since we granted its license in May 1997 to refine
    its system design for everything except its ISLs. Third, the launch
    milestone imposed here still provides Astrolink with over four years
    to incorporate ISLs into its system and launch the satellites.[^39]
    Further, in light of the actions taken at WRC-97 regarding ISLs and
    the licensees' 1998 studies demonstrating that they can share ISL
    spectrum, we expect that Astrolink will have already made
    significant progress incorporating its requested ISL frequencies
    into its system.[^40]

# CONCLUSION

19. Accordingly, upon review, we modify Astrolink's Ka-band system
    license to include ISL frequencies and additional downlink
    frequencies. In addition, we assign milestone requirements for
    construction, launch and operation of the satellite system. These
    actions provide Astrolink with the opportunity to provide a variety
    of advanced broadband communication services to businesses and
    consumers around the world.

# V. ORDERING CLAUSES

20. Accordingly, IT IS ORDERED that the license granted to Astrolink
    International LLC by Order and Authorization, 12 FCC Rcd. 23014
    (Int'l Bureau 1997) IS MODIFIED to add the 54.25-54.85 GHz,
    55.925-56.525 GHz, and 57.6-58.2 GHz bands for inter-satellite link
    operations, in accordance with *In the Matter of Amendment of Part 2
    of the Commission's Rules to Allocate Additional Spectrum to the
    Inter-Satellite, Fixed, and Mobile Services and to Permit Unlicensed
    Devices to Use Certain Segments in the 50.2-50.4 GHz and 51.4-71.0
    GHz Bands*, ET Docket No. 99-261, Report and Order, FCC 00-442 (rel.
    December 22, 2000).

21. IT IS FURTHER ORDERED that Astrolink International LLC must
    coordinate its inter-satellite link operations in accordance with
    the report submitted to the Commission entitled, "Sharing of Various
    Frequency Bands Allocated to the Inter-Satellite Service," (dated
    October 9, 1998) and "Interference Between Teledesic and GSO
    Inter-Satellite Links" (dated October 9, 1998), with the other
    Ka-band licensees that are included in the referenced reports.

22. IT IS FURTHER ORDERED that Astrolink International LLC shall
    coordinate its inter-satellite link operations in the 54.25-54.85
    GHz, 55.925-56.525 GHz and 57.6-58.2 GHz bands through NTIA's
    Interdepartment Radio Advisory Committee's Frequency Assignment
    Subcommittee.

23. IT IS FURTHER ORDERED that Astrolink International LLC is authorized
    for an additional 500 megahertz for its downlink operations in the
    18.3-18.8 GHz band in accordance with *Redesignation of the
    17.7-19.7 GHz Frequency Band, Blanket Licensing of* *Satellite Earth
    Stations in the 17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and
    the Allocation of Additional Spectrum in the 17.3-17.8 GHz and
    24.75-25.25 GHz Frequency Bands for Broadcast Satellite Use,* Report
    and Order, 15 FCC Rcd 13430 (2000) ("*18 GHz Report and Order"*).

24. IT IS FURTHER ORDERED that Astrolink International LLC. must
    coordinate all of its Ka-band downlink operations with the U.S.
    government systems in accordance with footnote US334 to the Table of
    Frequency Allocations, 47 C.F.R. § 2.106.

25. IT IS FURTHER ORDERED that Astrolink International LLC's
    authorization shall become NULL and VOID with no further action on
    the Commission's part in the event the space station is not
    constructed, launched, and placed into operation in accordance with
    the technical parameters and terms and conditions of the
    authorization by the following dates:

> [Commence Construction]{.underline}

First Satellite January 2002

Remaining Satellites January 2003

> [Launch and Operate]{.underline}

Satellite licensed at 97° W.L June 25, 2005

Satellite licensed at 21.5° W.L. July 9, 2005

Satellite licensed at 2° E.L. July 9, 2005

Satellite licensed at 130° E.L. July 23, 2005

Satellite licensed at 175.25° E.L. October 10, 2004

At those orbit locations where more than one satellite is authorized to
operate, the second co-located satellite, if not launched by the
appropriate ITU "bringing into use" date, would be required to operate
on the same frequencies that are used by the first satellite that met
the ITU deadline.

26. IT IS FURTHER ORDERED that Astrolink International LLC is subject to
    all terms and conditions in its original Authorization Order, 12 FCC
    Rcd 23014 (Int'l Bur 1997).

27. IT IS FURTHER ORDERED that the license term for a space station is
    ten years and will begin to run on the date Astrolink International
    LLC certifies to the Commission that the satellites have been
    successfully placed into orbit and the operations fully conform to
    the terms and conditions of this authorization.

28. IT IS FURTHER ORDERED that Astrolink International LLC. is afforded
    thirty days from the date of the release of this *Order and
    Authorization* to decline this authorization as conditioned. Failure
    to respond within that period will constitute formal acceptance of
    the authorization as conditioned.

29. This *Order and Authorization* is issued pursuant to Section 0.261
    of the Commission's rules on delegations of 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 public notice of this *Order and
    Authorization* (*see* 47 C.F.R. § 1.4(b)(2)).

######### FEDERAL COMMUNICATIONS COMMISSION

> Donald Abelson
>
> Chief, International Bureau

[^1]: The Ka-band refers to the Earth-to-space (uplink) frequencies at
    27.5-30.0 GHz and the corresponding space-to-Earth (downlink)
    frequencies at 17.7-20.2 GHz.

[^2]: ISLs are communication links between in-orbit satellites. ISLs
    operate in spectrum allocated to the inter-satellite service.
    International Telecommunication Union ("ITU") Radio Regulation
    S1.22.

[^3]: *See* In the Matter of Lockheed Martin Corporation Application for
    Authority to Construct, Launch, and Operate a Ka-band Satellite
    System in the Fixed Satellite Service and a Ku-band Broadcast
    Communications Satellite System, 12 FCC Rcd 23014 (Int'l Bur. 1997)
    ("Astrolink Authorization Order"). On November 18, 1999, Lockheed
    amended its application to reflect a change in ownership of the
    licensee. *See File No.* SAT-AMD-19991118-00111. That change in
    ownership had been previously authorized by the Commission. *See
    Astrolink International LLC*, DA 99-2049 (Int\'l. Bur., Sat. Div.
    released October 1, 1999).

[^4]: The five orbital locations are 97º W.L., 21.5º W.L., 2º E.L., 130º
    E.L, and 175.25º E.L. In our recent order*, In the Matter of
    Astrolink International, LLC, Application to Modify the Astrolink
    System Authorization*, Order and Authorization, DA 00-2671 (Int\'l
    Bur., rel. Nov. 29, 2000) *("Astrolink TT&C Order"*), we modified
    Astrolink\'s license to substitute the 2º E.L. location for the 38º
    E.L. orbital position currently specified consistent with our
    separate order regarding the orbital assignment plan for
    geostationary Ka-Band satellites. *See Assignment of Orbital
    Locations to Space Stations in the Ka-Band*, 12 FCC Rcd 22004 (Int'l
    Bur. 1997). This action was taken without prejudice to any further
    decision we may make regarding the Ka-Band orbital assignment plan.

[^5]: *Astrolink Authorization Order* at 23019-20, ¶¶ 17, 20.

[^6]: *Id*. at 23020, ¶20.

[^7]: *See United States Proposals for the Work of the \[WRC-97\]
    Conference*, Document USWRC-97.10-E, dated July 24, 1997, Proposals
    for Agenda Item 1.9.4.3, entitled "The Existing Frequency
    Allocations Near 60 GHz and, if Necessary, Their Respective
    Allocation, with a View to Protecting the Earth
    Exploration-Satellite (passive) Service Systems Operating in the
    Unique Oxygen Absorption Frequency Band from About 50 GHz to About
    70 GHz. (A Consequential Allocation to the Inter-Satellite Service
    in the 65-71 GHz Bands) (JPDP 12)."

[^8]: *Id*.

[^9]: ITU Radio Regulation S5.556A reads: \"Use of the bands 54.25-56.9
    GHz, 57-58.2 GHz and 59-59.3 GHz by the inter-satellite service is
    limited to satellites in geostationary-satellite orbit. The
    single-entry power flux-density at all altitudes from 0 km to 1000
    km above the Earth\'s surface produced by a station in the
    inter-satellite service, for all conditions and for all methods of
    modulation, shall not exceed -147 dB (W/m^2^/100 MHz) for all angles
    of arrival.\"

[^10]: *See, e.g.,* Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division, International Bureau, to Raymond G.
    Bender, Astrolink LLC (June 10, 1998).

[^11]: *Sharing of Various Frequency Bands Allocated to the
    Inter-Satellite Service* (October 9, 1998). The study did not
    examine sharing between GSO and non-GSO systems sharing the same ISL
    frequencies.

[^12]: *Interference* *between* *Teledesic* *and* *GSO*
    *Inter*-*Satellite* *Links* (dated October 8, 1998).

[^13]: *See, e.g.,* Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division, International Bureau, to Raymond G.
    Bender, Astrolink LLC (December 9, 1999).

[^14]: *Id*. These parties include four from the second Ka-band
    processing round and five from the 40 GHz processing round. The 40
    GHz service links are in segments contained in the 36-51.4 GHz band.

[^15]: *Id*.

[^16]: *See* Letter from Richard L. Gobbi to Thomas S. Tycz, Chief,
    Satellite and Radiocommunication Division, International Bureau
    (January 19, 2000).

[^17]: *Id*.

[^18]: *Astrolink Authorization Order* at 23020, ¶19.

[^19]: *Rulemaking to Amend Parts 1,2, 21 and 25 of the Commission's
    Rules to Redesignate the 27.5 GHz Frequency Band, to Reallocate the
    29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for
    Local Multipoint Distribution Service and for Fixed Satellite
    Services*, First Report and Order and Fourth Notice of Proposed
    Rulemaking, 11 FCC Rcd. 19005 (1996).

[^20]: *Astrolink Authorization Order* at 23020, ¶20.

[^21]: *Id*.

[^22]: *See Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket
    Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and
    27.5-30.0 GHz Frequency Bands, and the Allocation of Additional
    Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands
    for Broadcast Satellite Use*, Report and Order, 15 FCC Rcd 13430,
    13443-44, ¶28 (2000) ("*18 GHz Report and Order*").

[^23]: We note that Astrolink has filed an application in the second
    Ka-band processing round to add additional spectrum to its licensed
    first-round system. *See* *Application to Modify the Astrolink
    System Authorization*, SAT-MOD 19971222-0200, (December 22, 1997).
    In this application, Astrolink also sought authority to perform
    telemetry, tracking and control functions ("TT&C") for its
    first-round system in extended C-band frequencies*.* We granted the
    TT&C request in *Astrolink TT&C Order*, DA 00-2671 (rel. Nov. 29,
    2000).

[^24]: ITU-RR 5.556A establishes a single entry p.f.d. at an altitude
    between 0 km to 1000 km above the Earth's surface produced by a
    space station in the inter-satellite service.

[^25]: *See supra* paragraph 5 (discussion of ITU Radio Regulation
    S5.556A). The Commission recently adopted S5.556A domestically. *See
    Amendment of Part 2 of the Commission's Rules to Allocate Additional
    Spectrum to the Inter-Satellite, Fixed, and Mobile Services and to
    Permit Unlicensed Devices to Use Certain Segments in the 50.2-50.4
    GHz and 51.4-71.0 GHz Bands*, ET Docket No. 99-261, Report and
    Order, FCC 00-442, at ¶ 50 (rel. December 22, 2000).

[^26]: *See* *18 GHz Report and Order*, 15 FCC Rcd 13430.

[^27]: *Id.* at 13443 ¶ 28.

[^28]: *Id.* at 13444 ¶ 30.

[^29]: *Astrolink Authorization Order* at 23020, ¶19.

[^30]: *Id*.

[^31]: *Id*.*, w*herein the Bureau requested Astrolink to determine
    exactly which 500 megahertz it wishes to use in the 17.7-18.8 GHz
    band and file a modification application to operate in these
    frequency bands.

[^32]: *18 GHz Report and Order* at 13443-44, ¶28.

[^33]: 47 C.F.R. § 2.106 US 334 (as revised in the *18 GHz Report and
    Order*, 15 FCC Rcd 13489). This footnote requires coordination of
    non-Government systems with U.S. Government GSO and NGSO FSS systems
    in the 17.8-20.2 GHz band.

[^34]: *See* *18 GHz Report and Order*, 15 FCC Rcd 13473 ¶ 90. These
    power flux-density limits are -115/-105 dB (W/m^2^) in any 1
    megahertz, depending upon the angle of arrival in the 18.3-18.6 GHz
    band. There are currently no power flux-density limits in the
    19.7-20.2 GHz band. *See* Letter from William T. Hatch, NTIA to Dale
    Hatfield, Chief, Office of Engineering and Technology, FCC (March
    29, 2000).

[^35]: 47 C.F.R. § 2.106 US 255 (as revised in the *18 GHz Report and
    Order*, 15 FCC Rcd 13489) states:

    > In addition to any other applicable limits, the power flux-density
    > across the 200 MHz band 18.6-18.8 GHz produced at the surface of
    > the Earth by emissions from a space station under assumed
    > free-space propagation conditions shall not exceed -95 dB(W/m2)
    > for all angles of arrival. This limit may be exceeded by up to 3
    > dB for no more than 5% of the time.

[^36]: 47 C.F.R. § 25.145(f). *See also* *Third Report and Order* at ¶
    61 and fn. 77.

[^37]: The exact date is nine years after the date the ITU publishes the
    Advanced Publication Information for the concerned frequency
    assignment at each orbit location. *See* ITU Radio Regulations
    S.11.44, as modified by Final Acts of the 2000 World
    Radiocommunication Conference, Istanbul (2000). Thus, the ITU Radio
    Regulations require that:

    the USA satellite network advanced published at 97° W.L. be brought
    into use by June 25, 2005;

    the USA satellite network advanced published at 21.5° W.L. be
    brought into use by July 9, 2005;

    the USA satellite network advanced published at 2° E.L. be brought
    into use by July 9, 2005;

    the USA satellite network advanced published at 130° E.L. be brought
    into use by July 23, 2005;

    > and the USA satellite network advanced published at 175.25° E.L.
    > be brought into use by October 10, 2004.

[^38]: *See* Astrolink International, LLC, Annual Statement from Raymond
    G. Bender, Jr., Counsel for Astrolink International, LLC (June 30,
    2000) (*"Annual Statement"*).

[^39]: *See id*. Astrolink indicates that in its initial stage of
    deployment its first satellites at the 97º W.L. 21.5° W.L., 2° E.L.,
    and 130º E.L orbital locations will not be equipped with ISLs.
    Astrolink states that it plans to use ISLs for the remaining five of
    the operating satellites in its constellation. We remind Astrolink
    that it must bring its ISL frequencies into use in order to protect
    the date priority of the U.S. ITU filings for these frequencies.
    *See* ITU RR S11.44.

[^40]: Astrolink represents that it has made significant progress in
    system implementation. *See Annual Statement.*