Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No. 39-SAT-P/LA-98;     |
|                                  | *) | Call Sign S2332              |
| **Lockheed Martin Corporation**  | ** |                              |
|                                  |    | IBFS File No.                |
| Application for Authority to     | *  | SAT-LOA-1997122-0208         |
| Construct,                       | *) |                              |
|                                  | ** | File No. 40-SAT-P/LA-98;     |
| Launch, and Operate a Ka-Band    |    | Call Sign S2333              |
| Satellite                        | *  |                              |
|                                  | *) | IBFS File No.                |
| System in the Fixed-Satellite    | ** | SAT-LOA-1997122-0206         |
| Service                          |    |                              |
|                                  | *  | File No. 41-SAT-P/LA-98;     |
|                                  | *) | Call Sign S2334              |
|                                  | ** |                              |
|                                  |    | IBFS File No.                |
|                                  | *  | SAT-LOA-1997122-0212         |
|                                  | *) |                              |
|                                  | ** | File No. 42-SAT-P/LA-98;     |
|                                  |    | Call Sign S2335              |
|                                  | *  |                              |
|                                  | *) | IBFS File No.                |
|                                  | ** | SAT-LOA-1997122-0211         |
|                                  |    |                              |
|                                  | *  | File No. 43-SAT-P/LA-98;     |
|                                  | *) | Call Sign S2336              |
|                                  | ** |                              |
|                                  |    | IBFS File No.                |
|                                  | *  | SAT-LOA-1997122-0213         |
|                                  | *) |                              |
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

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

# introduction

By the Chief, International Bureau:

1.  By this Order, we authorize Lockheed Martin Corporation ("LMC") to
    launch and operate a satellite system in geostationary-satellite
    orbit to provide fixed-satellite services in the Ka-band.[^1] In a
    companion order issued today, we assign LMC's satellites to the 129°
    W.L, 51° W.L., 52° E.L., 99° E.L. and 151.5° E.L. orbital
    locations.[^2] This will allow LMC to provide businesses and
    consumers access to a variety of competitive satellite
    communications services in a frequency band suitable for advanced
    broadband interactive services.

# Background

2.  LMC is one of 12 applicants seeking authority to operate
    geostationary satellite orbit (GSO) satellites in the second Ka-band
    processing round. In May 1997, the International Bureau licensed 13
    applicants to launch and operate GSO satellite systems as part of
    the first Ka-band processing round ("First Round").[^3] 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. The Second
    Round GSO licenses and, in one case, reservation of orbit locations
    for a non-U.S. licensed satellite system, will enable new entrants
    to offer competitive services to those licensed in the First Round
    and will allow First Round licensees an opportunity to expand and
    improve the capabilities and service offerings of their licensed
    systems.

3.  LMC is a publicly held corporation.[^4] Its system is intended to
    provide a wide range of very high data rate circuit-switched
    services, worldwide, on a non-common carrier basis. In its
    application LMC proposes five technically identical satellites at
    five inter-linked orbital positions. LMC proposes one satellite at
    each of the following orbital positions: 127° W.L., 79° W.L., 52°
    E.L., 99° E.L. and 151.5° E.L.

4.  LMC proposes to use spectrum in the 27.85-29.1 GHz and 29.25-30.0
    GHz frequency bands for uplink (Earth-to-space) communications.[^5]
    LMC proposes to use spectrum in the 17.8-19.3 GHz and 19.7-20.2 GHz
    frequency bands for downlink (space-to-Earth) communications. LMC
    also requests authority to conduct its tracking, telemetry, and
    command ("TT&C") operations during transfer orbit and on-orbit
    operations in the extended C-band frequencies.[^6]

5.  Three second-round Ka-band applicants filed petitions to deny the
    Second-Round LMC application.[^7] The gravamen of two of these
    petitions is that LMC should not be assigned any further orbital
    locations within that portion of the geostationary satellite orbit
    arc that can serve the contiguous United States (full-CONUS). Hughes
    raises technical objections to LMC's proposed operation in portions
    of the Ka-band designated for other services on a primary basis,
    questions LMC's compliance with the Commission's two-degree orbit
    spacing policy so as not to interfere with Hughes' satellites, and
    asserts that LMC's system will not meet the requirement that earth
    stations utilize uplink adaptive power control pursuant to Section
    25.204(g)[^8] of the Commission's rules.[^9]

# 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 fixed-satellite service ("FSS") applicants
    and licensees, including this application for geostationary
    satellite orbit GSO FSS in the 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.[^10] In this and other licenses issued to Second Round
    FSS 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 may initially be assigned to a qualified GSO
    FSS applicant.[^11] 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.[^12]
    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.[^13] The Commission waived the assignment limit
    rules in the First Round because the applicants had agreed to an
    arrangement that accommodated all pending applications for space
    stations and left room for additional assignments.[^14] 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.[^15] 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.[^16]

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.[^17] 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. LMC indicates that its system design is consistent with operation in
    a two-degree spacing environment.[^18] Our review of LMC'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*.[^19] In both orders, rules
    affecting two-degree orbital spacing were adopted. We remind LMC 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).[^20] Further, LMC must meet the current Ka-band power
    flux-density ("pfd") limits of Sections 2.106 US255 and 25.208,[^21]
    which were adopted after LMC filed its application. As a condition
    of authorization, LMC must meet these revised pfd limits. Hughes'
    arguments that LMC's satellites do not comply with our two-degree
    spacing policy are thus rendered moot.

11. Hughes also asserts that LMC's Astrolink II™ system does not comply
    with Section 25.204(g)'s requirement for FSS earth stations to
    employ uplink adaptive power control.[^22] This rule requires uplink
    adaptive power control "or other methods of fade compensation..." In
    its Consolidated Opposition, LMC states that it plans to employ
    adaptive coding to compensate for rain fades, on both uplink and
    downlink, and that, in addition, on the uplink the transmit power
    level will be controlled to ensure that the minimum transmit power
    is used to maintain the required link performance, depending on the
    location of the terminal within the beam, the elevation angle to the
    satellite, and a variety of other factors that are
    link-dependent.[^23] If implemented, these methods would constitute
    an acceptable alternative to uplink adaptive power control under
    Section 25.204(g). We therefore find that LMC's satellite system
    design as represented comports with rule 25.204(g). Hughes' petition
    as it pertains to this issue is therefore moot.

### Financial Qualifications

12. 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.[^24] 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.[^25]
    Where all applicants can be accommodated, however, granting a
    license to an under-capitalized applicant will not prevent another
    applicant from going forward.[^26] In addition, there is a
    pro-competition public interest benefit in licensing all applicants,
    if possible. We waived the financial qualification 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.[^27] In
    the accompanying *Second Round GSO Assignment* *Order*, we also
    determine that we can accommodate all pending Second Round
    applicants' requests for GSO 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 LMC's
    financial qualifications.

## Spectrum Assignments

### Service Links

13. 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.[^28] For
    uplink (Earth-to-space) transmissions, the Commission designated 250
    megahertz of spectrum between 28.35 and 28.6 GHz, 250 megahertz of
    spectrum between 29.25 and 29.5 GHz (shared on a co-primary basis
    with non-geostationary satellite orbit, mobile satellite service
    feeder links), and 500 megahertz of spectrum between 29.5 and 30.0
    GHz for GSO FSS operations. For downlink (space-to-Earth)
    communications, the Commission designated 1100 megahertz of spectrum
    between 17.7 and 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 and 20.2 GHz for primary GSO FSS
    operations. The Commission later refined the downlink plan for the
    frequency band between 17.7 and 18.8 GHz, by designating 280
    megahertz of spectrum between 18.3 and 18.58 GHz for co-primary GSO
    FSS and terrestrial-fixed operations and 220 megahertz of spectrum
    between 18.58 and 18.8 GHz for primary GSO FSS operations.[^29]

#### Uplink Transmissions

14. In its application, LMC proposes to use two gigahertz of spectrum at
    the 27.85-29.1 GHz and 29.25-30.0 GHz frequency bands for its
    service uplinks. We will authorize LMC to operate its service
    uplinks consistent with the 28 GHz band plan in 1 gigahertz of
    spectrum in the 28.35-28.6 GHz, 29.25-29.5 GHz, and 29.5-30.0 GHz
    bands designated for GSO FSS on a primary or co-primary basis,
    subject to the sharing rules adopted in the *28 GHz Band First
    Report and Order*.

15. LMC also proposes to use additional uplink spectrum for domestic use
    in the 27.85-28.35 GHz and 28.6-29.1 GHz bands. The spectrum at
    27.85-28.35 GHz is designated for GSO FSS operations on a secondary
    basis to the primary Local Multipoint Distribution Service (LMDS), a
    terrestrial-fixed service. LMC's requested spectrum at 28.6-29.1 GHz
    is designated on a primary basis to non-geostationary satellite
    orbit ("NGSO") FSS, while GSO FSS operations have secondary status.
    Therefore, LMC will be required to demonstrate that it can operate
    domestically on a secondary or "non-harmful interference" basis both
    to the LMDS and NGSO FSS services To facilitate such a sharing
    arrangement, LMC proposes to cease transmissions to and from its GSO
    satellites whenever interference alignment situations with respect
    to an operational NGSO FSS satellite occur. LMC explains that it is
    prepared to either tolerate communications link outages or rely on
    GSO satellite diversity in order to mitigate expected disruptions of
    its transmission links.[^30] LMC acknowledges, however, that it has
    not provided an adequate technical showing in its application that
    it can operate on a secondary basis to NGSO FSS, but states that it
    will do so when the specific implementation of mitigation principles
    and associated criteria are better quantified through the work of
    international study groups.[^31]

16. LMC and other concerned parties acknowledge that before GSO FSS
    systems can be permitted to operate on secondary basis to NGSO FSS
    systems, at a minimum, an appropriate interference protection level
    must be established to protect NGSO FSS operations.[^32] At this
    time however, technical studies analyzing the protection of NGSO FSS
    systems from GSO FSS systems' interference have not been completed.
    We recognize that in the absence of established NGSO FSS protection
    interference criteria, satellite operators cannot fully assess the
    impact proposed GSO and NGSO FSS sharing would have on NGSO FSS
    operations. We further note that without such criteria LMC cannot
    make the required technical showing that its system can operate on a
    non-harmful interference basis in the designated NGSO FSS-primary
    bands. We, therefore, do not have sufficient evidence on the record
    to consider LMC's request to operate its GSO FSS system in the
    28.6-29.1GHz frequency band. Therefore, we dismiss LMC's request for
    this GSO FSS /NGSO FSS shared spectrum without prejudice pending the
    establishment of sharing criteria for GSO FSS and NGSO FSS in these
    bands. Once such criteria are established, LMC may file an
    application to modify its license to operate on this additional
    spectrum, together with a showing that its proposed secondary
    operations meet the established measures and criteria for
    non-interfering GSO FSS operations.

17. Similarly, LMC's request to use spectrum 27.85-28.35 GHz on a
    secondary basis to the primary LMDS service is also dismissed
    without prejudice as sharing criteria between FSS and LMDS
    operations have not been established. LMC may file a license
    modification application requesting this spectrum once sharing
    criteria for GSO FSS and LMDS operations have been established.
    Hughes' petition to deny LMC's application as it pertains to LMC's
    request to share both the NGSO FSS and LMDS spectrum bands is
    therefore moot.

18. LMC also requests authority to use the 27.85-28.35 GHz frequency
    band for uplink transmissions outside of the United States.[^33]
    Unlike the domestic allocation, which contains a primary designation
    for LMDS, the band is allocated internationally for FSS, on a
    primary basis. The Commission recently clarified its policy for use
    of the 27.5-28.35 GHz band by U.S.-licensed FSS operators.[^34] We
    will authorize LMC's operations in the 27.5-28.35 GHz band in
    accordance with the conditions specified in the *Reconsideration of
    Ka-Band FSS Rules Order*.

#### Downlink Transmissions

19. In its application, LMC also proposes to use two gigahertz of
    spectrum at the 17.8-19.3 GHz and 19.7-20.2 GHz frequency bands for
    its service downlink bands. We grant this request consistent with
    the *18 GHz* band plan.[^35] Specifically, we authorize LMC to
    operate its service downlinks in a total of one gigahertz of
    spectrum in the 18.3-18.8 GHz and 19.7-20.2 GHz frequency bands.
    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, GSO
    FSS operations in this band must be coordinated with these
    terrestrial operations.

20. LMC also requests authority to use the 17.8-18.3 GHz frequency band
    for downlink transmissions outside of the United States. As with the
    companion uplink spectrum at 27.85-28.35 GHz, the 17.8-18.3 GHz band
    is allocated internationally for FSS. These additional downlink
    frequencies were also addressed in the *Reconsideration of Ka-Band
    FSS Rules Order*.[^36] We will therefore authorize LMC's operations
    in these bands in accordance with the conditions specified in that
    Order.

21. In addition, LMC must coordinate with U.S. Government systems in
    accordance with footnote US334 to the Table of Frequency
    Allocations.[^37] 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 plan to operate in accordance with the
    power flux-density limits contained in the current International
    Telecommunication Union ("ITU") Radio Regulations.[^38] LMC must
    also comply with footnote US255 to the Table of Frequency
    Allocations that contains power flux-density limits to protect the
    Earth exploration satellite service (passive) for the 18.6-18.8 GHz
    band.[^39]

22. LMC also proposes to operate downlinks in the 17.8-18.3 GHz and
    18.8-19.3 GHz bands. In the 17.8-18.3 GHz band, LMC proposes to
    operate on a co-primary basis with U.S.-licensed terrestrial fixed
    services.[^40] This spectrum is allocated domestically exclusively
    for terrestrial fixed service operations.[^41] We therefore deny
    LMC's request for domestic use of this spectrum.

23. Similarly, the downlink spectrum that LMC requests in the 18.8-19.3
    GHz band is currently allocated domestically for NGSO FSS use
    only.[^42] Further, as noted above, LMC has not demonstrated that it
    can operate its GSO FSS system on a non-interference basis to NGSO
    FSS in these bands. We therefore deny LMC's request for domestic use
    of this spectrum without prejudice to refiling. In any future
    filing, LMC must also demonstrate that a waiver of the Table of
    Frequency Allocations is warranted.

24. LMC also requested authorization to use the 17.8-18.3 GHz band
    outside of the United States. These additional downlink frequencies
    were also addressed in the recent Commission clarification.[^43] We
    will authorize LMC's operations in these bands in accordance with
    the conditions specified in the *Reconsideration of Ka-Band FSS
    Rules Order*.

### Inter-Satellite Links

25. LMC proposes to use inter-satellite links (ISLs) between adjacent
    satellites to provide connectivity between coverage regions of
    different satellite orbit locations.[^44] LMC's Ka-band satellite
    system will consist of five satellites located at five different
    orbital locations. Each of the five satellites will be
    inter-connected to other satellites within its system. Therefore,
    each satellite will require a maximum of five ISL channels in each
    direction. To support a data rate of 500 Mbps (net circuit capacity
    after removal of ATM cell header overhead) each channel will require
    a bandwidth of 600 megahertz.[^45] With the use of dual
    polarization, each satellite within the system will be capable of
    re-using the same spectrum at different orbital locations. According
    to LMC, the ISLs will provide direct satellite-to-satellite
    communication, thereby avoiding the need for double-hop
    connectivity, increase system level reliability, and provide
    seamless global connectivity.

26. LMC proposes to use 1800 megahertz (600 megahertz x 3) of spectrum
    within the 54.25-58.2 GHz band for its long-range ISLs.[^46] It also
    proposes use of spectrum for local inter-satellite links
    ("LISLs").[^47] Based on LMC's representations, we find that it has
    demonstrated a need for 1800 megahertz of ISL spectrum. Sharing
    studies done by the first-round Ka-band licensees concluded that
    those applicants could share the ISL spectrum with minimal
    constraints. We expect the same conclusion to be reached by Second
    Round applicants.[^48] Consequently, we will authorize LMC to
    conduct ISL operations in 1800 megahertz of spectrum within the
    54.25-58.2 GHz band, subject to coordination among the First and
    Second Round ISL licensees, and with U.S. Government (non-ISL)
    operations through NTIA's Interdepartment Radio Advisory Committee's
    Frequency Assignment Subcommittee. Additionally, within 30 days
    after the release of this Order, LMC must inform the Commission
    which specific spectrum within the 54.25-58.2 GHz band it has chosen
    for its ISL operations.

### Tracking, Telemetry and Command

27. Under the Commission's rules, tracking, telemetry, and command
    ("TT&C")operations may be provided at the edges of the frequency
    bands in which the particular satellite will be providing
    service.[^49] LMC proposes to conduct its TT&C operations during
    transfer-orbit maneuvers and on-orbit in extended C-band
    frequencies. Specifically, LMC proposes to conduct its command
    functions in the 6425-6525 MHz band and its telemetry functions in
    the 3650-3700 MHz band.[^50] All of these requested operations are
    within the C-band frequencies, which are not the system's service
    band. Thus, the request is not consistent with Section 25.202 of the
    rules.[^51] As the Commission recently indicated, this rule serves
    the valid purpose of simplifying coordination among satellites at
    adjacent orbital locations, and promoting efficient spectrum
    use.[^52] Although LMC has provided a showing seeking to demonstrate
    that a waiver of Section 25.202(g) for TT&C operations outside its
    service band is warranted,[^53] that showing only addressed
    potential coordination concerns with respect to other U.S.
    licensees, and therefore does not fully address the underlying
    purpose of the rule, nor did it demonstrate that the public interest
    otherwise requires a waiver. Thus we deny LMC's request.

## Regulatory Treatment

28. In the *DISCO I Order*, the Commission determined that all
    fixed-satellite service operators in the C-band and Ku-band could
    elect to operate on a common carrier or non-common carrier
    basis.[^54] The Commission extended this treatment to satellite
    operators in the Ka-band in the *Ka-Band FSS Rules Order*.[^55]
    Consequently, Second Round Ka-band applicants may elect their
    regulatory status. LMC has elected to operate on a non-common
    carrier basis,[^56] and we authorize it to do so.

## License Conditions

### Milestone Schedule

29. 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.

30. 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."[^57] Failure to
    meet any of these construction milestones will render those
    satellite authorizations null and void without further action by the
    Commission.

31. The dates by which LMC's satellites must be "brought into use" to
    protect the date priority of the U.S. ITU filings for its service
    links at these orbital locations are March 9, 2003 -- with a
    two-year extension available under certain circumstances, July 9,
    2005, July 16, 2005, and July 23, 2005.[^58] We recognize that, in
    this case, comparing these ITU "bringing into use" dates to our
    launch milestones has the incongruous result of our rules requiring
    LMC to launch its satellites into each of its assigned orbit
    locations by August 2006, *i.e.*, after the dates by which LMC is
    required to bring 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 LMC to launch its satellites
    into each licensed orbit location and "bring into use" all of the
    frequency assignments it plans to operate at that orbit location by
    the ITU "bringing into use" date. At present, that date at the 129º
    W.L. and 51º W.L. orbital location is March 9, 2003. Should the ITU
    grant a two-year extension of that date, the launch milestone for
    that licensed orbit location will automatically change to the new
    ITU "bringing into use" date without further Commission action. This
    will protect the United States filings at these locations and thus,
    LMC's ability to coordinate and gain international recognition for
    the satellite 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.[^59] LMC will
    have nearly four years in which to launch its satellites into their
    assigned locations by the ITU "bringing into use" dates, assuming it
    has received the extension.

### Reporting Requirements

32. We will follow the Part 25 rules for reporting requirements for FSS
    systems, including an annual report describing the status of
    satellite construction and anticipated launch dates, and a detailed
    description of the use made of each transponder on each of the
    in-orbit satellites.[^60] LMC must file this report on June 30 of
    each year, containing information current as of May 31 of that year.

### International Coordination. 

33. In general, we will follow the applicable advance-publication,
    coordination, and notification procedures as set forth in the ITU
    Radio Regulations in coordinating LMC's satellites with other
    affected administrations. We will also require that LMC provide the
    Commission with the international coordination information required
    by our rules.[^61] The orbit locations assigned today may be
    co-located or within two degrees of a non-U.S. licensed satellite
    filing having ITU 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. In addition, the Commission has reached coordination
    agreement with the administration of Malaysia for two of the orbital
    locations assigned to Lockheed Martin in this proceeding.[^62]
    Lockheed Martin is required to operate its satellites at these
    locations in a manner consistent with this agreement.

# CONCLUSION

34. Upon review of LMC**'**s application, we find that LMC 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 LMC to the 129° W.L, 51° W.L., 52° E.L.,
    99° E.L. and 151.5° E.L. orbital locations.

# ORDERING CLAUSES

35. IT IS ORDERED that Applications File Nos. 39-SAT-P/LA-98,
    40-SAT-P/LA-98, 41-SAT-P/LA-98, 42-SAT-P/LA-98,and 43-SAT-P/LA-98
    ARE GRANTED IN PART, as discussed above, and Lockheed Martin
    Corporation IS AUTHORIZED to launch and operate five GSO FSS
    satellites to provide fixed-satellite service in the 18.3-18.8 GHz,
    19.7-20.2 GHz, 28.35-28.6 GHz, 29.25-29.5 GHz, and 29.5-30.0 GHz
    frequency bands at the 129° W.L, 51° W.L., 52° E.L., 99° E.L. and
    151.5° E.L. orbital locations.

36. IT IS FURTHER ORDERED that Lockheed Martin Corporation is authorized
    to transmit in the 17.8-18.3 GHz frequency bands to earth stations
    in foreign countries, and receive transmissions from such earth
    stations in the 27.85-28.35 GHz frequency bands, in accordance with
    the technical specifications set forth in its application and the
    pertinent provisions of Part 25 of the Commissions rules.

37. IT IS FURTHER ORDERED that when requesting international
    coordination of proposed use of frequencies in the 17.8-18.3 GHz
    band for downlinks to earth stations in foreign countries, Lockheed
    Martin Corporation shall certify in an affidavit filed with the
    Satellite and Radiocommunication Division of the Commission's
    International Bureau, that it has coordinated the proposed operation
    with other licensees with authority from this Commission for
    non-U.S. geostationary or non-geostationary satellite operation in
    that band. When requesting international coordination of proposed
    use of frequencies in the 27.5-28.35 GHz band for links with earth
    stations in foreign countries, Lockheed Martin Corporation shall
    certify that it has coordinated the proposed operation with other
    licensees with authority from the Commission for non-U.S.
    geostationary satellite operation in that band. The filing shall
    include certification of service on the licensees with whom such
    coordination is required.

38. IT IS FURTHER ORDERED that Lockheed Martin Corporation'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 this
    authorization by the following dates:

[Construction Commenced]{.underline} [Launch and Operate]{.underline}

First satellite August 2002 129 **°** W.L**.** Orbit Location March 9,
2003[^63]

Remaining satellites August 2003 51 **°** W.L**.** Orbit Location March
9, 2003[^64]

52 **°** E.L**.** Orbit Location July 9, 2005

99 **°** E.L. Orbit Location July 16, 2005

151.5 **°**E.L. Orbit Location July 23, 2005

39. IT IS FURTHER ORDERED that Lockheed Martin Corporation must
    coordinate its Ka-band 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 Report and Order*, 15 FCC Rcd at 13473 ¶ 90.

40. IT IS FURTHER ORDERED that Lockheed Martin Corporation, within 30
    days from the date of the release of this Order and Authorization,
    must inform the Commission which specific spectrum in the 54.25-58.2
    GHz band it has chosen for its inter-satellite link operations, and
    must coordinate its FSS inter-satellite link operations in this
    chosen spectrum through the National Telecommunications and
    Information Administration's Interdepartmental Radio Advisory
    Committee's Frequency Assignment Subcommittee. Lockheed Martin
    Corporation must also coordinate its FSS inter-satellite operations
    with all other non-government inter-satellite link operations in its
    chosen spectrum.

41. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall conduct
    its operations pursuant to this authorization in a manner consistent
    with the power flux-density requirements of footnote US255 to the
    Table of Frequency Allocations, 47 C.F.R. § 2.106, and 47 C.F.R. §
    25.208, of the Commission's Rules.

42. IT IS FURTHER ORDERED that the license term for each space station
    is ten years and will begin to run on the date Lockheed Martin
    Corporation certifies to the Commission that the authorized
    satellite has been successfully placed into orbit and the operations
    fully conform to the terms and conditions of this authorization.

43. IT IS FURTHER ORDERED that Lockheed Martin Corporation will prepare
    any necessary submissions to the International Telecommunication
    Union and to affected administrations for the completion of the
    appropriate coordination and notification obligations for these
    space stations in accordance with the International
    Telecommunication Union Radio Regulations. We also remind Lockheed
    Martin Corporation that no protection from interference caused by
    radio stations authorized by other administrations is guaranteed
    unless coordination procedures are timely completed or, with respect
    to individual administrations, by successfully completing
    coordination agreements. Any radio station authorization for which
    coordination has not been completed may be subject to additional
    terms and conditions as required to effect coordination of the
    frequency assignments of other Administrations, 47 C.F.R. §
    25.111(b). Further Lockheed Martin Corporation must operate its
    satellites in accordance with any international coordination
    agreements already in existence.

44. IT IS FURTHER ORDERED that the temporary assignment of any orbital
    location to Lockheed Martin Corporation 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.

45. IT IS FURTHER ORDERED that Lockheed Martin Corporation is afforded
    30 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.

46. This Order 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 (see 47 C.F.R. §
    1.4(b)(2)).

    FEDERAL COMMUNICATIONS COMMISSION

    Donald Abelson

    Chief, International Bureau

[^1]: For purposes of this order, the terms "Ka-band" or "28 GHz band"
    refer to the space-to-Earth communications (downlink) in radio
    frequencies at 17.7-20.2 GHz and the corresponding Earth-to space
    communications (uplink) in frequencies at 27.5-30.0 GHz. We
    authorize LMC to operate in a portion of these frequency bands
    indicated in this order.

[^2]: *In the Matter of Second Round Assignment of Geostationary
    Satellite Orbit Locations to Fixed Satellite Service Space Stations
    in the Ka-Band,* Order, DA 01-1693 (Int'l Bur. rel. August 3, 2001)
    ("*Second Round GSO Assignment Order*").

[^3]: The Bureau also licensed one non-geostationary-satellite orbit
    ("NGSO") Ka-Band system. *See* *Teledesic Corporation, Application
    for Authority to Construct, Launch and Operate a Low Earth Orbit
    Satellite System in the Domestic and International Fixed Satellite
    Service*, Order and Authorization, 12 FCC Rcd 3154 (Int\'l Bur.
    1997).

[^4]: *Application of Lockheed Martin Corporation. for Authority to
    Launch and Operate Astrolink-Phase II™, an Expansion of the
    Astrolink™ Ka-band Satellite System* ("*LMC Application*"), filed
    December 22, 1997, at pp. 19-20. At the time this application was
    filed, LMC was the 100% owner of the Astrolink System, which had
    been licensed by the Commission in the First Round. The Astrolink
    system is now owned by Astrolink International, LLC ("AI"). LMC owns
    31.109% of AI through its wholly-owned subsidiary, Lockheed Martin
    Global Telecommunication, Inc. ("LMGT"). In that regard, AI recently
    filed an application to transfer control of AI to LMGT, TRW, Inc.,
    LSAT Astro LLC, and Telespazio Luxembourg S.A. As the 100% owner of
    the Ka-band system proposed in the second round application, LMC
    indicates that its system is no longer simply an extension of the
    Astrolink system. Therefore, LMC has requested that its Ka-band
    system be referred to as "LM-GEO" instead of Astrolink II. Letter to
    Magalie Roman Salas, Secretary, FCC, from Keith H. Fagan, Lockheed
    Martin Global Telecommunications, dated March 29, 2001.

[^5]: LMC Application at p. 35.

[^6]: LMC requests authority for TT&C links in the 3.65-3.7 GHz and
    6.425-6.525 GHz frequency bands. *LMC Application* at pp. 41-42,
    60-62.

[^7]: Pacific Century Group, Inc., Petition To Deny Or Condition Grant
    Of Authorizations, filed May 21, 1999 ("PCG Petition"); Pegasus
    Development Corporation, Consolidated Petition to Deny, filed May
    21, 1999 ("Pegasus Consolidated Petition"); Consolidated Petitions
    To Dismiss, Deny or defer Of Hughes Communications Galaxy, Inc. and
    Hughes Communications, Inc., filed May 21, 1999 ("Hughes
    Consolidated Petition"). We address all issues relating to the
    assignment of orbit locations, financial qualifications, and
    two-degree spacing in the *Second Round GSO Assignment Order*
    released today.

[^8]: 47 C.F.R. §25.204(g)

[^9]: *See* Section III.A.2.a. for a complete discussion of this issue.

[^10]: *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")*, Third Report and Order, FCC
    97-378, 12 FCC Rcd 22310 (1997). *Memorandum Opinion and Order*, FCC
    01-172 (rel May 25, 2001) (order on petitions for clarification or
    reconsideration).

[^11]: 47 C.F.R. § 25.140(e).

[^12]: 47 C.F.R. § 25.140(f).

[^13]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).

[^14]: *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22320 ¶ 24.

[^15]: For a more detailed discussion, *see Second Round GSO Assignment
    Order*, at ¶ 17.

[^16]: *Licensing of Space Stations in the Domestic Fixed-Satellite
    Service*, 54 Rad. Reg. 2d (P&F) 577, 589 (1983) (*Two-Degree Spacing
    Order*).

[^17]: *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22320 ¶ 23.

[^18]: LMC Application at ¶4.11.2.1

[^19]: *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 ("18 GHz Band Report and
    Order")*, FCC 00-212, 15 FCC Rcd 13,430 (2000).

[^20]: 47 C.F.R. §§ 25.202 and 25.210.

[^21]: 47 C.F.R. §§ 2.106 US255 and 25.208.

[^22]: Hughes Consolidated Petition at 20-21.

[^23]: *See* Lockheed Martin Corporation's Consolidated Opposition,
    filed June 11, 1999, Technical Appendix at 3.

[^24]: 47 C.F.R. § 25.140(b)-(e).

[^25]: *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) ("*Big LEO Report and Order"*).

[^26]: *Id.*

[^27]: *See* *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22318 ¶ 18.

[^28]: *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*, FCC 96-311, 11 FCC Rcd 19005 (1996) *("28 GHz Band
    First Report and Order")*.

[^29]: *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).

[^30]: LMC Application at 99-101.

[^31]: LMC Consolidated Opposition at pp. 40-41.

[^32]: LMC Consolidated Opposition at pp. 39-40 and n. 109.

[^33]: LMC Application at p. 37.

[^34]: *Memorandum Opinion and Order*, *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,* FCC 01-172 (released May
    25, 2001 (*Reconsideration of Ka-Band FSS Rules Order.* In this
    Order, the Commission issued a clarifying statement that stated that
    U.S licensed Ka-band licensees may use the frequency bands 17.7-18.8
    GHz and 27.5-28.6 GHz to communicate with earth stations in foreign
    countries, subject to coordination with foreign administrations and
    certain U.S.-licensed operators as well as subject to the laws of
    the foreign countries in which these earth stations are located.

[^35]: *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.

[^36]: *Memorandum Opinion and Order*, *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,* FCC 01-172 (released May
    25, 2001) (*Reconsideration of Ka-Band FSS Rules Order).*

[^37]: ^?^ *See* 47 C.F.R. §2.106 US334.

[^38]: *See* *18 GHz 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 band, depending upon the angle of
    arrival. There are currently no power flux-density 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).

[^39]: 47 C.F.R Section 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 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 --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.

[^40]: LMC Application at pp. 37-38.

[^41]: *18 GHz Band Report and Order*, 15 FCC Rcd at 13445-46, ¶¶ 31-33.
    Prior to that rulemaking this segment of the 18 GHz band was
    designated for shared co-primary use between GSO/FSS and terrestrial
    fixed service operations. *Id*. at ¶ 31.

[^42]: *Id*. at 13454-56, ¶¶ 50-52. Prior to that rulemaking this
    segment of the 18 GHz band was designated for co-primary use by NGSO
    FSS and terrestrial fixed service operations, and for secondary use
    by GSO FSS. *Id*. at 13435 ¶ 10.

[^43]: *Reconsideration of Ka-Band FSS Rules Order*, FCC 01-172.

[^44]: ISLs are communication links between in-orbit satellites. ISLs
    operate in spectrum allocated to the inter-satellite service. *See*
    International Telecommunication Union Radio Regulation S1.22.

[^45]: LMC Application at p. 40.

[^46]: LMC also proposed using spectrum in the 59-64 GHz band for its
    long-range ISLs. *See* LMC Application at p. 40. This band, however,
    is not available for non-Government ISS use.

[^47]: LMC initially proposed to use 600 megahertz within the
    22.55-23.55 GHz band and 600 megahertz within the 32.0-33.0 GHz band
    for ISL communications, or in the alternative, 1200 megahertz in the
    65-71 GHz band for its local inter-satellite links ("LISLs"). LISLs
    are designed for short range communications only and are used to
    communicate with compatible satellites within 1° of longitude. *See*
    LMC Application at pp. 39-40. LMC subsequently withdrew this request
    for LISLs. *See* Written Ex Parte Presentation of Lockheed Martin
    Corporation by Raymond G. Bender, Jr., and Carlos M. Nalda, Counsel
    for LMC, submitted to Magalie R. Salas, Secretary, F.C.C. (filed
    July 16, 2001).

[^48]: For a detailed discussion of spectrum available for ISL
    operations, *see* *Amendment of Part 2 of the Commission's Rules to
    Allocate Additional Spectrum to the Inter-Satellite, Fixed, and
    Mobile Services*, ET Docket No. 99-261, *Report and Order*, FCC
    00-442, at ¶ 45 (rel. Dec. 22, 2000).

[^49]: 47 C.F.R § 25.202(g).

[^50]: Specifically, Command and Tracking operations would take place at
    6425.5 and 6427.5 MHz and Telemetry will be received at 3650.5 and
    3699.5 MHz. LMC Application at p. 60. The Commission has proposed to
    modify Section 25.202 to permit TT&C operations in the 3.65-3.7 GHz
    frequencies, if the applicant makes a "particularized showing of
    need." *Amendment of the Commission's Rules With Regard to the
    3650-3700 MHz Government Transfer Band*, FCC 00-363 15 FCC Rcd
    20488, 20539 at 130 (2000). The Commission specifically sought
    comment on the types of showings that would warrant such an
    authorization. *Id*. at 131. DirectCom made no such showing.
    Additionally, we note that the Government operates high-power radar
    within the 3600-3650 MHz band. Therefore, because proposed TT&C
    functions are crucial to satellite operations and do not appear to
    be compatible with the Government\'s radar operations, we will not
    consider any request to operate in the 3600-3650 GHz band. *See*
    Letter from William T. Hatch, Acting Associate Administrator, NTIA,
    to Dale, N. Hatfield, Chief, Office of Engineering and Technology,
    FCC, dated November 2, 1999.

[^51]: *See* *Amendment of the Commission\'s Rules With Regard to the
    3650-3700 MHz Government Transfer Band*, 15 FCC Rcd at 20538 ¶ 129
    (the rule "effectively limits FSS operators to operating TT&C links
    in the same frequency bands as their FSS operations").

[^52]: *Id.* at ¶¶ 129-130.

[^53]: *See* LMC Application, Exhibit D-1.

[^54]: ^?^ *See* *In the Matter of Amendment to the Commission\'s
    Regulatory Policies Governing Domestic Fixed Satellites and Separate
    International Satellite Systems and DBSC Petition for Declaratory
    Rulemaking Regarding the Use of Transponders to Provide
    International DBS Service*, 11 FCC Rcd 2429, 2436 (1996) ("*DISCO I
    Order")*.

[^55]: *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22333 ¶¶ 58-60.

[^56]: *See* LMC Application at p. I, 18-19.

[^57]: 47 C.F.R. § 25.145(f). *See also Ka-Band FSS Rules Order,* 12 FCC
    Rcd at 22334-35 ¶ 61 & n.77.

[^58]: Specifically, the satellites at 129° W.L. and 51° W.L. must be
    brought into use by March 9, 2003, the satellite at 52° E.L. must be
    brought into use by July 9, 2005, the satellite at 99° E.L. must be
    brought into use by July 16, 2005, and the satellite at 151.5° E.L.
    must be brought into use by July 23, 2005. With regard to the 129°
    W.L. and 51° W.L. orbital locations, ITU Radio Regulations require
    that the satellites be \"brought-into-use\" (BIU) no later than five
    years after ITU receipt of advance publication information (ITU
    Radio Regulations Article S11.44). The ITU may extend the BIU date
    by two years under the conditions specified in ITU Radio Regulations
    Articles S11.44B through S11.44I (launch failure; launch delays due
    to circumstances outside the control of the administration or
    operator; delays caused by modifications of satellite design
    necessary to reach coordination agreements; problems in meeting the
    satellite design specifications; delays in reaching coordination
    after a request for ITU Radiocommunication Bureau assistance;
    financial circumstances outside the control of the administration or
    operator; and force majeure). In cases where the two year extension
    is necessary, the licensee must inform the Commission, in writing,
    six months before the end of the five year period so that the
    Commission can timely inform the ITU of the extension request.
    Should LMC indeed wish to extend its milestone at the 129° W.L. and
    51° W.L. orbital locations to 2005, it must provide the Commission,
    six months before March 9, 2003, information demonstrating good
    cause to request an ITU extension on the grounds specified in the
    ITU Radio Regulations. As to LMC's remaining orbital location
    assignments, ITU Radio Regulations require that these satellites be
    brought into use at the ITU 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 remaining orbit locations assigned
    to LMC fall in this category, their July 2005 bringing into use
    dates cannot be further extended.

[^59]: *See*, *e.g.*, *In the Matter of the Application of Comsat
    Corporation*, 12 FCC Rcd 12059, 12075 ¶ 33 n. 68 (Int'l Bur. 1997)
    ("It has been our experience that it takes an average of two years
    to construct and launch a satellite....").

[^60]: *See* 47 C.F.R. § 25.210(l)(1)(2)(3).

[^61]: *See* 47 C.F.R. § 25.111(b).

[^62]: In particular, the U.S. Ka-band satellite network at 99° E.L. has
    been coordinated with the Ka-band portion of the MEASAT-3 and
    MEASAT-5 satellite networks at 91.5° E.L. and 95° E.L.,
    respectively; and the U.S. Ka-band satellite network at 151.5° E.L.
    has been coordinated with the Ka-band portion of the MEASAT-2
    satellite network at 148° E.L. A copy of the relevant portions of
    the agreement is available to the Licensee upon request.

[^63]: If the International Telecommunication Union grants a two-year
    extension of this date, this milestone will automatically change to
    March 9, 2005 without further Commission action.

[^64]: If the International Telecommunication Union grants a two-year
    extension of this date, this milestone will automatically change to
    March 9, 2005 without further Commission action.