Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Nos. 192-SAT-AMEND-97   |
|                                  | *) |                              |
| **Celsat America, Inc.**         | ** | 88-SAT-AMEND-98              |
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| Modification of License to       | *  | IBFS Nos.                    |
| Authorize                        | *) | SAT-AMD-19970925-00124       |
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| Geostationary-Satellite Orbit    |    | SAT‑AMD‑19980123‑00009       |
| Mobile-Satellite Service Feeder  | *  |                              |
| Link Operations in the Ka-Band   | *) | SAT-AMD-20001103-00153       |
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|                                  |    | Call Sign S 2139             |
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**ORDER AND AUTHORIZATION**

**Adopted: August 2, 2001 Released: August 3, 2001**

By the Chief, International Bureau:

1.  By this Order, we modify Celsat America, Inc.'s ("Celsat's") license
    to construct and launch a two-satellite mobile-satellite system to
    serve the United States operating in the geostationary-satellite
    orbit ("GSO"), using service links[^1] in the 2 GHz Mobile-Satellite
    Service ("MSS") band.[^2] In particular, we modify Celsat's 2 GHz
    MSS License to allow it to operate its system's feeder links[^3] in
    a portion of the Ka-band.[^4] In a companion order issued today, we
    assign Celsat's satellites to the 121 W.L and 83 W.L. orbital
    locations.[^5] These authorizations facilitate implementation of
    Celsat's proposed system's technology and service offerings in the
    marketplace.

# Background

2.  Celsat America, Inc. is a Delaware corporation[^6] owned by Celsat,
    Inc. (80.2% of the issued and outstanding stock), a California
    corporation, and Echostar DBS Corporation (17.6% of the issued and
    outstanding stock), a Colorado corporation.[^7] Celsat is one of 12
    applicants seeking authority to operate GSO satellites in the second
    Ka-band processing round. In May 1997, the International Bureau
    licensed 13 applicants to launch and operate GSO Fixed-Satellite
    Service ("FSS") systems as part of the first Ka-band processing
    round ("First Round").[^8] In October 1997, the Bureau established a
    second processing round ("Second Round"), inviting interested
    parties to file applications on or before December 22, 1997 for
    consideration in this round.

3.  In designing its 2 GHz MSS system, Celsat sought to operate its
    feeder links in the GSO FSS portions of the Ka-band,[^9] and amended
    its 2 GHz MSS application so that its request to use Ka-band
    spectrum for feeder links could be considered in the Ka-band Second
    Round.[^10] The International Bureau recently issued an Order
    granting Celsat's request to operate its service links in 2 GHz MSS
    spectrum.[^11]

4.  Celsat proposes to use spectrum anywhere in the Ka-band uplink
    frequency bands for uplink (Earth-to-space) feeder link
    communications.[^12] Celsat proposes to use spectrum anywhere in the
    Ka-band downlink frequency bands for downlink (space-to-Earth)
    feeder link communications.[^13] Celsat also requests authority to
    conduct its tracking, telemetry and command operations in the
    Ka-band frequencies.[^14]

5.  The Boeing Company and Mobile Communications Holdings, Inc. filed
    petitions to deny Celsat's 2 GHz MSS application on the ground that
    Celsat seeks to use globally allocated spectrum for regional
    operations. The International Bureau denied both petitions to deny
    in the *Celsat 2 GHz MSS License*, because the Commission's *2 GHz
    MSS Order* addressed that concern.[^15] A number of other comments
    on Celsat's 2 GHz MSS application requested a deferral of action on
    Celsat's Ka-band feeder link request until the resolution of the 18
    GHz band plan and a resolution of this Second Round.[^16] Since the
    18 GHz band plan has been resolved and these Second Round orbit
    location assignments have been made, those comments are now
    moot.[^17] PanAmSat Corporation filed a petition to deny the 2000
    Celsat Amendment, stating that Celsat's use of Ka-band spectrum for
    feeder links depended upon its ability to obtain an appropriate
    orbital location in the domestic arc.[^18] Since we assign two such
    locations to Celsat today, we deny that portion of PanAmSat
    Corporation's petition to deny directed to Celsat's application.

# DISCUSSION

## Qualifications

6.  All applicants requesting authority to launch and operate satellite
    space stations must present information sufficient to establish
    their legal, technical, and financial qualifications to hold a
    Commission license. The rules set forth in Part 25 of the
    Commission's rules govern space station applicants and licensees,
    including this application for GSO MSS feeder links in the GSO FSS
    Ka-band frequencies. The Commission modified the Part 25 FSS rules
    in 1997 to incorporate the particular technical requirements for
    operations in the Ka-band frequencies.[^19] In this and other
    licenses issued to Second Round applicants in the Ka-band, we will
    generally apply all Part 25 FSS rules, specifically noting, however,
    where we decide not to apply existing rules.

### Number of Orbit Locations

7.  The Commission's Part 25 FSS rules include a limit on the number of
    orbit locations that initially may be assigned to a qualified GSO
    FSS applicant.[^20] The rules also limit the number of additional,
    expansion orbit locations that may be assigned to applicants with
    previously licensed systems using the same frequency bands.[^21]
    Generally, the Commission may grant a waiver of its rules in a
    particular case only if the relief requested would not undermine the
    policy objective of the rule in question, and would otherwise serve
    the public interest.[^22] The Commission waived the assignment limit
    rules in the first Ka-Band GSO FSS round because the applicants had
    agreed to an arrangement that accommodated all pending applications
    for space stations and left room for additional assignments.[^23] In
    this Second Round, we have determined that we can also accommodate
    all pending requests for space stations with room for additional
    entry. We therefore again waive application of the Commission rule
    limiting GSO FSS orbit locations.[^24] Consequently, we will not, as
    some applicants request, limit the number of assignments to Second
    Round applicants.

### Technical Qualifications

8.  Applicants for FSS space station authorizations must meet the
    technical qualification requirements set forth in the Commission's
    Part 25 rules. These requirements are designed primarily to
    implement two-degree orbital spacing between GSO FSS satellites. The
    Commission's two-degree spacing policy, which was established in
    1983, was designed to maximize the number of satellites in orbit by
    ensuring that satellites in geostationary-satellite orbit can
    operate without causing harmful interference to other GSO satellites
    located as close as two degrees.[^25]

9.  In the *Ka-Band FSS Rules Order*, the Commission adopted its
    proposal to extend its two-degree spacing policy between in-orbit
    satellites to space stations in the Ka-band.[^26] We believe that it
    remains in the public interest to maximize the number of satellites
    that can be accommodated in orbit by extending the Commission's
    existing two-degree GSO spacing policy to Ka-band orbital
    assignments in the Second Round. All GSO FSS licensees in the Second
    Round will therefore be required to be two-degree GSO spacing
    compliant.

10. Celsat indicates that its system design is consistent with operation
    in a two-degree spacing environment.[^27] Our review of Celsat's
    application finds nothing to preclude operation in a two-degree
    spacing environment. The Second Round Ka-band applications were
    received subsequent to the *Ka-Band FSS Rules Order* but prior to
    the *18 GHz Band Report and Order*.[^28] In both Orders, rules
    affecting two-degree orbital spacing were adopted. We remind Celsat
    of its continuing obligation to meet all Part 25 rules governing
    system operations, including Sections 25.202 (frequencies, frequency
    tolerances, and emission limitations) and 25.210 (technical
    requirements for space stations in the Fixed-Satellite
    Service).[^29] Further, Celsat must meet the current Ka-band power
    flux-density ("PFD") levels of Section 25.208.[^30] As a condition
    of this authorization, Celsat must meet these revised PFD limits,
    which were adopted after Celsat filed its application.

### Financial Qualifications

11. The Commission's FSS rules require that an applicant for a new
    fixed-satellite system possess sufficient financial resources to
    cover the construction, launch, and first-year operating costs of
    each proposed satellite.[^31] We have waived these rules, however,
    in those cases where we can accommodate all pending applications.
    The Commission's financial qualification rules are designed to
    prevent under-capitalized licensees from holding valuable orbit
    spectrum resources to the exclusion of others while they attempt to
    arrange financing to construct and launch the licensed system.[^32]
    Where all applicants can be accommodated, however, granting a
    license to an under-capitalized applicant will not prevent another
    applicant from going forward.[^33] In addition, there is a
    pro-competition public interest benefit in licensing all applicants,
    if possible. We waived the financial qualifications rules for the
    First Round applicants because all of those applicants could be
    accommodated in the available orbital locations and there were
    additional orbital locations available for future entrants.[^34] In
    the accompanying *Second Round GSO Assignment Order*, we also
    determine that we can accommodate all pending Second Round
    applicants' requests for FSS space stations in the Ka-band, and
    still have some orbital locations available for future entrants. We
    therefore waive the financial qualification requirements for Second
    Round applicants. Consequently, it is unnecessary to rule on
    Celsat's financial qualifications.

## Spectrum Assignments

### Feeder Links

12. In the *28 GHz Band First Report and Order*, the Commission adopted
    a band segmentation plan that designated one gigahertz of spectrum
    in each transmission direction for GSO FSS Ka-band systems.[^35] For
    uplink (Earth-to-space) transmissions, the Commission designated 250
    megahertz of spectrum between 28.35-28.6 GHz, 250 megahertz of
    spectrum between 29.25-29.5 GHz (shared on a co-primary basis with
    non-geostationary-satellite orbit ("NGSO") MSS feeder links), and
    500 megahertz of spectrum between 29.5-30.0 GHz for GSO FSS
    operations. For downlink (space-to-Earth) communications, the
    Commission designated 1100 megahertz of spectrum between 17.7-18.8
    GHz for GSO FSS operations (shared on a co-primary basis with
    terrestrial fixed-service) and 500 megahertz of spectrum between
    19.7-20.2 GHz for primary GSO FSS operations. The Commission later
    refined the downlink plan for the frequency band between 17.7-18.8
    GHz, by designating 280 megahertz of spectrum between 18.3-18.58 GHz
    for co-primary GSO FSS and terrestrial-fixed operations and 220
    megahertz of spectrum between 18.58-18.8 GHz for primary GSO FSS
    operations.[^36]

13. In its 1998 Amendment, Celsat proposed to use 850 megahertz of
    spectrum at the 27.5-28.35 GHz frequency bands for its feeder
    uplinks.[^37] Celsat later amended its application to request either
    850 megahertz of spectrum at one orbit location or, alternatively,
    500 megahertz of spectrum at each of two orbit locations, anywhere
    in the allocated Ka frequency bands.[^38] Because this alternative
    request does not increase the potential for interference among
    Second Round applicants,[^39] and is otherwise consistent with the
    service rules order in the 2 GHz MSS proceeding,[^40] we consider
    the request in the Second Round. We therefore authorize Celsat to
    operate 500 megahertz of uplink spectrum at each of the 121 W.L. and
    83 W.L. orbit locations in the 28.35-28.6 GHz and 29.25-29.5 GHz
    frequency bands, consistent with the 28 GHz band plan, and subject
    to the sharing rules adopted in the *28 GHz Band First Report and
    Order*. Because the 250 megahertz of spectrum at 29.25-29.50 GHz is
    to be shared on a co-primary basis with NGSO MSS feeder links,
    Celsat's GSO FSS operations in this band must comply with the
    spectrum sharing and coordination rules set forth at Section 25.258
    of the Commission's rules.[^41]

14. In its 1998 Amendment, Celsat proposed to use 850 megahertz of
    spectrum in the 17.7-18.55 GHz frequency bands for its feeder
    downlink bands.[^42] Celsat later amended its application to request
    either 850 megahertz of spectrum at one orbit location or,
    alternatively, 500 megahertz of spectrum at each of two orbit
    locations, anywhere in the allocated Ka frequency bands.[^43] As
    with the feeder uplink assignment above, we authorize Celsat to
    operate 500 megahertz of downlink spectrum at each of the 121 W.L.
    and 83 W.L. orbit locations. Consistent with the 18 GHz band plan,
    we authorize Celsat to operate its feeder downlinks in 500 megahertz
    of downlink spectrum in the 18.3-18.8 GHz frequency band.[^44]
    Because the 280 megahertz of spectrum at 18.3-18.58 GHz is to be
    shared on a co-primary basis with terrestrial-fixed services,
    Celsat's GSO FSS operations in this band must be coordinated with
    these terrestrial operations.

15. In addition, Celsat must coordinate with the U.S. Government systems
    in accordance with footnote US334 to the Table of Frequency
    Allocations.[^45] This footnote requires coordination of commercial
    systems with U.S. Government GSO and NGSO FSS systems that are
    presently operating throughout the 17.8-20.2 GHz frequency band.
    These Government systems operate in accordance with the PFD limits
    contained in the current International Telecommunication Union
    ("ITU") Radio Regulations.[^46] Celsat also must comply with
    footnote US255 to the Table of Frequency Allocations that contains
    PFD limits to protect the Earth exploration satellite service
    (passive) for the 18.6-18.8 GHz band.[^47]

### Tracking, Telemetry and Command

16. Under the Commission's rules, tracking, telemetry and command
    ("TT&C") operations may be "conducted at either or both edges of the
    allocated band(s)," *i.e.*, at either or both edges of a frequency
    band assigned to a satellite licensee for communication.[^48] Celsat
    proposes to insert normal on-orbit command and telemetry data into
    its wideband data in the Ka-band.[^49] Celsat also proposes to
    operate transmit and receive beacons in 100 kilohertz of spectrum
    near the upper edge of Ka-band allocations, at 18.8 GHz and 28.6
    GHz. We authorize Celsat to conduct TT&C operations in these
    assigned bands.

## License Conditions

### Milestone Schedule

17. As in all other satellite services, all Second Round Ka-band
    licensees will be required to adhere to a strict timetable for
    system implementation. This ensures that licensees are building
    their systems in a timely manner and that the orbit-spectrum
    resource is not being held by licensees unable or unwilling to
    proceed with their plans. The implementation schedules for GSO FSS
    systems in the Ka-band generally track the schedules imposed in
    other satellite services.

18. Specifically, Section 25.145(f) of the Commission's rules requires
    Ka-band GSO FSS licensees "\[1\] to begin construction of \[their\]
    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 \[their\] assigned orbit
    locations within five years of grant, and \[4\] to launch the
    remainder of \[their\] satellites by the date required by the
    International Telecommunication Union to assure international
    recognition and protection of those satellites."[^50] Failure to
    meet any of these construction milestones will render those
    satellite authorizations null and void without further action by the
    Commission.

19. In the *Celsat 2 GHz MSS License*, the International Bureau set out
    implementation milestones for Celsat consistent with the schedule
    adopted for 2 GHz MSS systems in the *2 GHz MSS Order*.[^51] The
    International Bureau also anticipated that the milestone schedule
    for Ka-band licenses might differ from Celsat's 2 GHz
    milestones.[^52] The Ka-band milestones do indeed differ, and we
    therefore modify Celsat's milestones schedule in order to preserve
    the status of the United States' ITU filings at Celsat's two
    assigned orbit locations.

20. The date by which Celsat's satellites must be "brought into use" to
    protect the date priority of the U.S. ITU filings for its feeder
    links at these orbital locations is in June 2005.[^53] Celsat's 2
    GHz milestones require it to launch its satellites into their
    assigned orbit locations by July 17, 2006. To address this
    misalignment, we require Celsat to launch its satellites into each
    licensed orbit location and "bring into use" all of the frequency
    assignments it plans to operate at those orbit locations by the ITU
    "bringing into use" date. This will protect the United States
    filings at these locations and thus, Celsat's ability to coordinate
    and gain international recognition for the satellites at each of its
    assigned orbit locations. Moreover, we do not anticipate that
    meeting this milestone will be unduly difficult. Under standard
    industry practice, it generally takes two to three years to
    construct and launch a satellite.[^54] Celsat will have nearly four
    years in which to launch its satellites into their assigned
    locations by the ITU "bringing into use" dates.

### International Coordination

21. In general, we will follow the applicable advance-publication,
    coordination, and notification procedures as set forth in the ITU
    Radio Regulations in coordinating Celsat's satellites with other
    affected administrations. We require that Celsat provide the
    Commission with the international coordination information required
    by our rules.[^55] The orbit locations assigned today may be
    co-located or within two degrees of a non-U.S. licensed satellite
    filing having date priority in its ITU filings. Under these
    circumstances, U.S. licensees assigned to these locations are
    reminded that they take these licenses subject to the outcome of the
    international coordination process, and that the Commission is not
    responsible for the success or failure of the required international
    coordination.

# CONCLUSION

22. Upon review of Celsat's application, we find that Celsat is
    qualified to be a Commission licensee and that, pursuant to Section
    309 of the Communications Act of 1934, as amended, 47 U.S.C. § 309,
    grant of this application will serve the public interest,
    convenience, and necessity. As specified in the *Second Round GSO
    Assignment Order*, we have assigned Celsat to the 121 W.L. and
    83**°** W.L. orbital locations.

# ORDERING CLAUSES

23. Accordingly, IT IS ORDERED that Application File Nos.
    192-SAT-AMEND-97 and 88-SAT-AMEND-98; IBFS Nos.
    SAT-AMD-19970925-00124, SAT‑AMD‑19980113‑00009, and
    SAT-AMD-20001103-00153 ARE GRANTED IN PART, as indicated herein.

24. IT IS FURTHER ORDERED that the Consolidated Petition to Deny of
    PanAmSat Corporation IS DENIED IN PART, as indicated herein.

25. IT IS FURTHER ORDERED that the license granted to Celsat America,
    Inc. in Order and Authorization, DA 01-1632 (Int'l Bur., rel. July
    17, 2001) ("*Celsat 2 GHz MSS License*") IS MODIFIED to authorize
    Celsat America, Inc. to launch and operate one
    geostationary-satellite orbit satellite at each of the 121 W.L. and
    83**°** W.L. orbit locations for provision of 2 GHz MSS service in
    the United States in accordance with the terms and conditions of the
    *Celsat 2 GHz MSS License*, and to assign 500 megahertz of bandwidth
    in the 18.3-18.8 GHz frequency band, and 500 megahertz of bandwidth
    in the 28.35-28.6 GHz and 29.25-29.5 GHz frequency bands for feeder
    link operations.

26. IT IS FURTHER ORDERED that the *Celsat 2 GHz MSS License*, as
    modified herein, 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, which supersede the milestone
    schedule set forth at Paragraph 27 of the *Celsat 2 GHz MSS
    License*:

  -------------------------------------------------------- --------------
  **Milestone**                                            **Deadline**

  Enter Non-contingent Satellite Manufacturing Contract    July 17, 2002

  Complete Critical Design Review                          July 17, 2003

  Begin Physical Construction of All Satellites            July 17, 2004

  Complete Construction of All Satellites, Launch Them     June 25, 2005
  Into Their Assigned Orbital Location, and Bring          
  Frequencies Into Use                                     

  Certify Entire System Operational                        July 17, 2007
  -------------------------------------------------------- --------------

27. IT IS FURTHER ORDERED that Celsat America, Inc. is subject to all
    terms and conditions in the *Celsat 2 GHz MSS License*, unless
    modified herein.

28. IT IS FURTHER ORDERED that Celsat America, Inc. must coordinate its
    Ka-band feeder downlink operations with U.S. Government systems,
    including Government operations to earth stations in foreign
    countries, in accordance with footnote US334 to the Table of
    Frequency Allocations, 47 C.F.R. § 2.106, and in accordance with the
    *18 GHz Band Report and Order*, 15 FCC Rcd at 13473 ¶ 90.

29. IT IS FURTHER ORDERED that Celsat America, Inc. shall conduct its
    operations pursuant to this authorization in a manner consistent
    with the power flux-density requirements of 47 C.F.R. §2.106 US255
    and 47 C.F.R. §25.208.

30. IT IS FURTHER ORDERED that Celsat America, Inc. will coordinate all
    transfer-orbit tracking, telemetry and command operations with all
    potentially affected in-orbit U.S. licensees and foreign-licensed
    satellite systems, and that these tracking, telemetry and command
    operations will not cause harmful interference to or receive
    protection from other services or satellite systems operating in
    accordance with the International Telecommunication Union Radio
    Regulations.

31. IT IS FURTHER ORDERED that the temporary assignment of any orbital
    location to Celsat America, Inc. is subject to change by summary
    order of the Commission on 30 days notice and does not confer any
    permanent right to use the orbit and spectrum. Neither this
    authorization nor any right granted by this authorization, shall be
    transferred, assigned or disposed of in any manner, voluntarily or
    involuntarily, or by transfer of control of any corporation holding
    this authorization, to any person except upon application to the
    Commission and upon a finding by the Commission that the public
    interest, convenience and necessity will be served thereby.

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

33. This Order is issued pursuant to Section 0.261 of the Commission's
    rule 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 (see 47 C.F.R. §
    1.4(b)(2)).

> FEDERAL COMMUNICATIONS COMMISSION

Donald Abelson

Chief, International Bureau

[^1]: "Service links" are the radio links that transmit a user's
    messages in both directions between a user's earth terminal and the
    system's satellite(s).

[^2]: *Celsat America, Inc.*, Order and Authorization, DA 01-1632 (Int'l
    Bur., rel. July 17, 2001) (*Celsat 2 GHz MSS License*). The term "2
    GHz MSS Band" is used in this Order to refer to mobile satellite
    service ("MSS") in the 1990-2025 MHz (uplink) and 2165-2200 MHz
    (downlink) frequencies.

[^3]: "Feeder links" are the fixed-radio links that transmit a user's
    messages in both directions between the system's satellite(s) and
    its gateway earth station(s), connecting the MSS network with the
    public switched telephone network. Feeder links operate in frequency
    bands allocated to the fixed-satellite service.

[^4]: In this Order, the term "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.

[^5]: *Second Round Assignment of Geostationary Satellite Orbit
    Locations to Fixed Satellite Service Space Stations in the Ka-Band*,
    DA 01-1693 (Int'l Bur., rel. August 3, 2001) ("*Second Round GSO
    Assignment Order*").

[^6]: Amendment to Application of Celsat America, Inc., File No.
    192-SAT-AMEND-97, IBFS No. SAT-AMD-19970925-00124 at Amended
    Appendix C ("1997 Celsat Amendment").

[^7]: Amendment to Application of Celsat America, Inc., File No.
    SAT-AMD-20001103-00153 at Exhibit C ("2000 Celsat Amendment")

[^8]: The Bureau also licensed one non-geostationary-satellite orbit
    ("NGSO") FSS Ka-Band system. *See Teledesic Corporation*, Order and
    Authorization, 12 FCC Rcd 3154 (Int'l Bur. 1997), *modified*,
    *Teledesic LLC*, Order and Authorization, 14 FCC Rcd 2261 (Int'l
    Bur. 1999).

[^9]: 1997 Celsat Amendment; 2000 Celsat Amendment. MSS feeder links are
    by definition a type of FSS. *See* 47 C.F.R. § 2.1. As a general
    rule, because MSS feeder links operate with gateway stations at
    fixed locations, feeder links use frequencies allocated to the FSS.
    *See* *The Establishment of Policies and Service Rules for the
    Mobile Satellite Service in the 2 GHz Band*, 15 FCC Rcd 16127, 16158
    ¶ 72 (2000) (*2 GHz MSS Order*).

[^10]: Amendment of Celsat America, Inc., File No. 88-SAT-AMEND-98, IBFS
    No. SAT-AMD-19980123-00009 (filed December 19, 1997) ("1998 Celsat
    Amendment").

[^11]: *Celsat 2 GHz MSS License*, DA 01-1632.

[^12]: 2000 Celsat Amendment at 2 n. 6.

[^13]: *Id.*

[^14]: *Id.* at 5.

[^15]: *Celsat 2 GHz MSS License*, DA 01-1632 at ¶ 23.

[^16]: Comments of Bell Atlantic (filed May 4, 1998); Consolidated
    Petition To Deny, Petition To Defer and Comments of GE American
    Communications, Inc. (filed May 4, 1998); Comments of the Fixed
    Point-To-Point Communications Section, Wireless Communications
    Division, Telecommunications Industry Association (filed May 4,
    1998).

[^17]: *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-Service Use*, 15 FCC Rcd 13430 (2000) ("*18
    GHz Band Report and Order*").

[^18]: Consolidated Petition to Deny of PanAmSat Corporation (filed
    December 14, 2000).

[^19]: *Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's
    Rules to Redesignate the 27.5-29.5 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* ("*Ka-Band FSS Rules Order*"), 12 FCC Rcd 22310 (1997);
    Memorandum Opinion and Order, FCC 01-172 (rel. May 25, 2001) (order
    on petitions for clarification or reconsideration).

[^20]: 47 C.F.R. § 25.140(e).

[^21]: 47 C.F.R. § 25.140(f).

[^22]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).

[^23]: *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22320 ¶ 24.

[^24]: For a more detailed discussion, *see Second Round GSO Assignment
    Order* at ¶ 17.

[^25]: *Licensing of Space Stations in the Domestic Fixed-Satellite
    Service*, 54 Rad. Reg. 2d (P&F) 577, 589 (1983) ("*Two-Degree
    Spacing Order*").

[^26]: *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22320 ¶ 23.

[^27]: *See* Letter from Brian D. Weimer, Counsel for Celsat America,
    Inc. to Magalie Roman Salas, Secretary, FCC (July 16, 2001) at
    attached "Celsat Application Technical Information" item 21.

[^28]: *18 GHz Band Report and Order,* 15 FCC Rcd 13430.

[^29]: 47 C.F.R. §§ 25.202 and 25.210.

[^30]: 47 C.F.R. § 25.208.

[^31]: 47 C.F.R. § 25.140(b)-(e).

[^32]: *See generally 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*, 9 FCC
    Rcd 5936, 5948 ¶ 26 (1994).

[^33]: *Id.*

[^34]: *See* *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22318 ¶ 18.

[^35]: *Rulemaking to Amend parts 1, 2, 21, and 25 of the Commission's
    Rules to Redesignate the 27.5-29.5 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) ("*28 GHz Band First Report and
    Order*").

[^36]: *18 GHz Band Report and Order*, 15 FCC Rcd 13430. Stations
    operating in primary services are protected against interference
    from stations of "secondary" services. Moreover, stations operating
    in a secondary service cannot claim protection from harmful
    interference from stations of a primary service. "Co-Primary"
    services have equal rights to operate in particular frequencies.
    *See* 47 C.F.R §§ 2.104(d) and 2.105(c).

[^37]: 1998 Celsat Amendment at 2.

[^38]: 2000 Celsat Amendment at pp. 2-3.

[^39]: *See* 47 C.F.R. § 25.116

[^40]: *2 GHz MSS Order*, 15 FCC Rcd at 16157 ¶ 71.

[^41]: 47 C.F.R. § 25.258.

[^42]: 1998 Celsat Amendment at 2.

[^43]: 2000 Celsat Amendment at pp. 2-3.

[^44]: *See 28 GHz Band First Report and Order*, 11 FCC Rcd 19005, as
    modified in *18 GHz Band Report and Order*, 15 FCC Rcd at 13443 ¶
    28.

[^45]: *See* 47 C.F.R. § 2.106 US334.

[^46]: *See* *18 GHz Band Report and Order*, 15 FCC Rcd at 13473 ¶ 90.
    The power flux-density limits in the 18.3-18.6 GHz band are
    -115/-105 dB (W/m^2^) in any one megahertz, depending upon the angle
    of arrival. There are currently no PFD limits in the 19.7-20.2 GHz
    band. *See* Letter from William T. Hatch, National
    Telecommunications and Information Administration, to Dale Hatfield,
    Chief, Office of Engineering and Technology, Federal Communications
    Commission (March 29, 2000).

[^47]: 47 C.F.R § 2.106 US 255 (as revised in the *18 GHz Band Report
    and Order*, 15 FCC Rcd at 13489) states: In addition to any other
    applicable limits, the PFD 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 --95db(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.

[^48]: 47 C.F.R § 25.202(g).

[^49]: 2000 Celsat Amendment at p. 5.

[^50]: 47 C.F.R. § 25.145(f). *See Ka-Band FSS Rules Order*, 12 FCC Rcd
    at 22334-35 ¶ 61 & n.77 (1997).

[^51]: *Celsat 2 GHz MSS License*, DA 01-1632 at ¶¶ 13, 27.

[^52]: *Id.* at ¶ 13 n.38.

[^53]: Specifically, the satellites at both 121° W.L. and 83° W.L. must
    be brought into use by June 25, 2005. ITU Radio Regulations require
    that these satellites be brought into use no later than nine years
    from the date the ITU publishes the advance publication information.
    The ITU initially required that these locations be brought into use
    within six years after receipt of their advance publication
    information, with an option to extend that date by an additional
    three years upon request. Since WRC-2000, satellite networks at
    orbit locations whose advance publication information was received
    by the ITU before November 22, 1997 have been automatically granted
    the optional three-year extension. Because the two orbit locations
    assigned to Celsat fall in this category, their June 25, 2005 bring
    into use date cannot be further extended.

[^54]: *See*, *e.g.*, *In the Matter of the Application of Comsat
    Corp.*, 12 FCC Rcd 12059, 12075 ¶ 33 n. 68 (1997) ("It has been our
    experience that it takes an average of two years to construct and
    launch a satellite....").

[^55]: *See* 47 C.F.R. § 25.111(b). *See also Celsat 2 GHz MSS License*,
    DA 01-1632 at ¶ 30.