Before the

**Federal Communications Commission**

# Washington, D.C. 20554

+-----------------------------------+---+------------------------------+
| In the Matter of Application of   | * | File No. 181-SAT-P/LA-97(46) |
|                                   | * |                              |
| **Constellation Communications    | ) | IBFS Nos.                    |
| Holdings, Inc**.                  | * | SAT-LOA-19970926-00148       |
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| Concerning Use of the             |   | SAT-AMD-19991230-00134       |
| 1990-2025/2165-2200 MHz and       | * |                              |
| Associated Frequency Bands for a  | * | SAT-AMD-20001103-00152       |
| Mobile- Satellite System          | ) |                              |
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# 

# ORDER AND AUTHORIZATION

**Adopted:** July 17, 2001 **Released:** July 17, 2001

By the Chief, International Bureau and the Acting Chief, Office of
Engineering and Technology:

# I. INTRODUCTION

1.  By this *Order*, we grant the request of Constellation
    Communications Holdings, Inc. (Constellation) for the use of
    spectrum in the 2 GHz band for provision of Mobile-Satellite Service
    (MSS).[^1] This action is a significant step in assigning this
    spectrum for use by MSS providers, and facilitates implementation of
    Constellation's proposed system's technology and service offerings
    in the marketplace.

**II. BACKGROUND**

2.  Constellation proposes to construct and launch a mobile-satellite
    system comprised of 46 operational satellites in non-geostationary
    satellite orbit (NGSO), using service links[^2] in the 2 GHz MSS
    band and feeder links[^3] in the 5, 7, and 15 GHz bands.[^4]
    Constellation is designing its system to serve the United States
    from the 1990-2025 MHz and 2165-2200 MHz bands, as well as being
    able to utilize the worldwide MSS allocation at 1980-1990 MHz
    outside the United States.[^5] Constellation's 2 GHz MSS system will
    operate in eight circular orbital planes.[^6]

3.  Constellation's predecessor-in-interest, Constellation
    Communications, Inc. (CCI) submitted a 2 GHz MSS application on
    September 26, 1997.[^7] On March 19, 1998, we sought comment on
    CCI's application, along with other 2 GHz MSS applications.[^8] On
    September 14, 1999, the Bureau authorized the *pro forma* assignment
    of a license to launch and operate a satellite system in the 1.6/2.4
    GHz bands,[^9] from CCI to CCI International N.V. (CCINV), a
    corporation organized under the laws of the Netherlands
    Antilles.[^10] On December 22, 1999, the Bureau authorized the *pro
    forma* assignment of the same license from CCINV to Constellation, a
    wholly-owned subsidiary of CCINV.[^11] On December 30, 1999,
    Constellation amended its 2 GHz MSS application to report these *pro
    forma* changes to the applicant's ownership.[^12] The Commission
    subsequently adopted service rules for 2 GHz MSS systems,[^13] and
    Constellation amended its application once more to address the
    requirements adopted in the *2 GHz MSS Order*.[^14]

# III. DISCUSSION

4.  Under rules adopted in the Commission's *2 GHz MSS Order*,
    Constellation must demonstrate that its system meets certain
    technical requirements. We address these requirements first. We then
    turn to Constellation's requests for service links in the 2 GHz MSS
    band and feeder links in the 5 GHz, 7 GHz, and 15 GHz frequencies,
    followed by a review of Constellation's licensing conditions,
    implementation milestones, and orbital debris mitigation strategy.
    Finally, we address Constellation's alien ownership disclosure and
    dispose of various parties' arguments against granting
    Constellation's application.

###### A. Threshold Technical Requirements

**1. Frequency Agility**

5.  Under the Commission's service rules and policies, 2 GHz MSS systems
    must be capable of operating across at least seventy percent of the
    United States' 2 GHz MSS allocation in the 1990-2025 MHz and
    2165-2200 MHz bands.[^15] The Commission also requires that 2 GHz
    MSS systems be capable of operating without fixed frequency
    translations between the uplink and downlink frequencies.[^16]
    Constellation's proposed 2 GHz MSS system meets these
    requirements.[^17]

**2. NGSO Coverage Requirements**

6.  Section 25.143(b)(2) of the Commission's rules requires NGSO 2 GHz
    MSS systems to provide continuous coverage throughout all 50 states,
    Puerto Rico and the U.S. Virgin Islands, *i.e.*, that at least one
    satellite is visible at an elevation angle of at least five degrees
    at all times within this geographic area.[^18] In addition, at
    locations as far north as 70 degrees North Latitude and as far south
    as 55 degrees South Latitude, NGSO MSS systems must operate such
    that at least one satellite is visible at an elevation angle of at
    least five degrees for eighteen hours of every day.[^19]
    Constellation's proposed system meets these requirements.[^20] To
    the extent that Mobile Communications Holdings, Inc. (MCHI)
    questions Constellation's intent and ability to establish a system
    that would provide the requisite global coverage,[^21] we find that
    Constellation's affirmation that its proposed 2 GHz MSS system is
    compliant with the Commission's global build-out requirements is
    sufficient to meet our licensing criteria.[^22] Therefore, we deny
    MCHI's Petition to Deny Constellation's application.

###### B. Service-Link Spectrum

7.  The *2 GHz MSS Order* adopted a hybrid band arrangement that divided
    the 2 GHz MSS uplink (1990-2025 MHz) and downlink (2165-2200 MHz)
    bands into segments of equal bandwidth based on the number of
    systems seeking assignments.[^23] The Commission determined that
    providing 3.5 megahertz in each direction for the nine then-pending
    system proponents would be sufficient to commence operations.[^24]
    The Commission provided that, in the event not all system proponents
    proceed toward authorization, the remaining system proponents would
    receive more than 3.5 megahertz of spectrum in each direction upon
    authorization.[^25] In addition, the Commission reserved one
    additional spectrum segment in each direction for expansion of
    system(s) by operator(s) meeting certain criteria for service to
    unserved areas.[^26] The following formula expresses the amount of
    spectrum available for each system in each direction of
    transmission:

35 megahertz ÷ (Number of System Proponents + One) = Size of Each
Spectrum Segment[^27]

There are currently eight 2 GHz MSS system proponents participating in
this processing round.[^28] We will not at this time, however, implement
that portion of the Commission's *2 GHz MSS Order* that would give each
system proponent access to more than 3.5 megahertz of spectrum in each
direction on a primary basis. Subsequent to release of the *2 GHz MSS
Order*, the Commission has received new proposals for use of the 2 GHz
MSS bands.[^29] Delaying the designation of additional spectrum will
give the Commission the opportunity to consider these proposals.
Therefore, in this *Order*, Constellation will receive access to a
spectrum segment of 3.5 megahertz, in each direction of transmission, on
a primary basis, *i.e.*, a "Selected Assignment."[^30] Constellation
will choose its Selected Assignment such that the band edge of the
assignment is an integer multiple of 3.88 megahertz from the band edge
of the 2 GHz MSS band, which will allow the Commission to address the
proposals before it.

8.  Constellation must identify the specific frequencies of its Selected
    Assignment when the first satellite in its system reaches its
    intended orbit, and notify the Commission in writing of its
    selection.[^31] Consistent with the *2 GHz MSS Order*, Constellation
    may also elect to operate outside its Selected Assignment on a
    secondary basis with respect to other 2 GHz MSS operators, subject
    to certain conditions.[^32]

###### C. Feeder Links

9.  Constellation proposes feeder link operations in the 5091-5250 MHz
    (5 GHz) and 15.43-15.63 GHz bands (15 GHz) (Earth-to-space) and the
    6700-7075 MHz band (7 GHz) (space-to-Earth).[^33] In the United
    States, the frequency bands for which Constellation seeks authority
    are not currently allocated for commercial NGSO satellite service,
    and the 6700-7075 MHz band is not allocated in the direction that
    Constellation proposes. However, the International Telecommunication
    Union (ITU) has allocated each of these frequencies for feeder link
    transmissions between earth stations and NGSO MSS satellites.[^34]
    Moreover, the Commission has initiated a rulemaking proposing to
    amend the domestic Table of Frequency Allocations consistent with
    the international allocation with regard to the 5 GHz, 7 GHz and 15
    GHz frequency bands (the "*5, 7, 15 GHz Allocation
    Rulemaking*").[^35] In the interim, we have granted waivers of
    Section 2.102(a) of the Commission's rules, which prohibits
    frequency assignments that differ from the Table of Frequency
    Allocations,[^36] to allow NGSO MSS licensees to use portions of
    these internationally-allocated bands for NGSO MSS feeder
    links.[^37]

10. Consistent with these actions, we waive Section 2.102(a) of the
    Commission's Rules to permit the proposed operation, pending
    completion of the *5, 7, 15 GHz Allocation Rulemaking*.[^38] For
    Constellation's proposed feeder uplinks, we waive Section 2.102(a)
    to permit Constellation to operate its feeder uplink transmissions
    in the 5091‑5250 MHz and 15.43-15.63 GHz bands, consistent with the
    international allocation. Similarly, we waive Section 2.102(a) to
    permit Constellation to operate its feeder downlink transmissions in
    the 6700-7075 MHz band, consistent with the international
    allocation. We encourage Constellation to operate in the lower
    portions of the 6700-7075 MHz band to minimize coordination
    requirements with the broadcast auxiliary service (BAS). In that
    regard, Constellation's feeder link operations in the 7025-7075 MHz
    portion of the band will be on an unprotected, non-harmful
    interference basis relative to BAS pending the outcome of the
    Commission's domestic allocation proceeding. This will permit
    broadcasters and cable operators to continue operating on two
    additional BAS channels while coordination issues are addressed in
    the pending allocation proceeding.

11. This authorization of feeder link spectrum is subject to any
    applicable restrictions or modifications that may be promulgated in
    the *5, 7, 15 GHz Allocation Rulemaking*. In addition, this
    authorization should not be construed as a license for
    Earth-to-space transmission in the 5091‑5250 MHz and 15.43-15.63 GHz
    bands. Such authority must be requested in the context of an earth
    station application filed pursuant to Section 25.130 of the
    Commission's rules.[^39] As stated in the *2 GHz MSS Order*,
    Constellation must coordinate with any other licensees authorized to
    use the same spectrum for feeder links.[^40] Constellation must also
    coordinate its proposed NGSO satellite system operations with
    respect to licensed non-government and authorized Federal Government
    terrestrial systems, as necessary, in accordance with Section 25.272
    of the Commission's rules.[^41]

12. The 5091-5250 MHz and 15.43-15.63 GHz bands also are allocated to
    the aeronautical radionavigation services (ARNS) on a primary basis
    in the United States,[^42] and throughout the world. In particular,
    the 5091-5150 MHz band is allocated to the Microwave Landing System
    (MLS).[^43] To facilitate sharing of the 5091-5250 MHz band between
    ARNS/MLS stations and gateways transmitting to NGSO MSS satellites
    worldwide, ITU Recommendation ITU-R S.1342 provides a methodology to
    determine the coordination distance between ARNS/MLS stations and
    NGSO MSS gateways.[^44] To facilitate sharing of the 15.43-15.63 GHz
    band between ARNS stations and gateways transmitting to NGSO MSS
    satellites worldwide, ITU Recommendation ITU-R S.1340 limits ARNS
    and gateway earth station equivalent isotropically radiated power
    (e.i.r.p.) and establishes minimum coordination distances between
    ARNS and gateway stations.[^45] We expect Constellation's operations
    to comply with the limits set forth in ITU Recommendations ITU-R
    S.1342 and ITU-R S.1340. Prior to authorization of an earth station,
    Constellation's feeder link operations in the 5091‑5250 MHz and
    15.43-15.63 GHz bands must be coordinated through the Frequency
    Assignment Subcommittee of the Interdepartment Radio Advisory
    Committee of the National Telecommunication and Information
    Administration (NTIA). In that regard, NTIA recommends that, to the
    extent practicable, any 2 GHz MSS operator using the 5091‑5250 MHz
    band for feeder links locate its tracking, telemetry, and command
    (TT&C) signal in the middle or at the upper end of the 5091-5250 MHz
    band, to reduce the likelihood of interference to the adjacent
    Microwave Landing System operations in the adjacent 5030-5091 MHz
    band.[^46] NTIA also has stated its concern about protecting
    Government passive service operations in the 6650-6675.2 MHz band
    from NGSO MSS space station transmissions in the 6700-7075 MHz
    band.[^47] As this is an active issue in the *5, 7, 15 GHz
    Allocation Rulemaking*, Constellation will be subject to any
    applicable rules that may be promulgated on this issue. Until such
    time, we expect the Executive Branch and NGSO MSS entities to work
    together to address the needs of both services.[^48]

###### D. Pre-operational Authority

13. Under Commission rules, the fifteen-year license term for a 2 GHz
    MSS system begins upon a certification by the system operator that
    the first satellite in its system has begun operations consistent
    with the terms and conditions specified in its authorization.[^49]
    The Commission indicated in the *2 GHz MSS Order* that it would
    "authorize system operators to conduct pre-operational testing in
    the license grant, to the extent that applicants include such
    information in their applications."[^50] Constellation did not
    request such authority. Accordingly, this authorization does not
    include authority for operations except at the orbits and on the
    frequencies specified in the application, as amended. Authority for
    any other radio transmissions in any frequency or satellite orbit
    will need to be obtained by filing a request for a license
    modification or special temporary authorization, as appropriate.

###### E. Regulatory Classification

14. Constellation states that it will operate its 2 GHz MSS system on a
    non-common carrier basis.[^51] Under the Communications Act,
    Commission Rules, and consistent with our *2 GHz MSS Order*, we
    treat Constellation's space station operations as non-common
    carrier.[^52] We will address the regulatory classification of earth
    stations operating as part of Constellation's system in connection
    with earth station licensing.[^53]

###### F. Implementation Milestones

15. The *2 GHz MSS Order* adopted milestones for implementation that
    apply to 2 GHz MSS systems.[^54] Consistent with the *2 GHz MSS
    Order*, therefore, Constellation must observe the following
    milestone requirements:

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

  Enter Non-contingent Satellite           12 months after authorization
  Manufacturing Contract                   

  Complete Critical Design Review (CDR)    24 months after authorization

  Begin Physical Construction of All       30 months after authorization
  Satellites                               

  Complete Construction and Launch First   42 months after authorization
  Two Satellites in System                 

  Certify Entire System Operational        72 months after authorization
  ---------------------------------------- ------------------------------

16. Constellation must describe the status of system construction and
    operation in its annual reports, and file a certification with the
    Commission within ten days following each of the milestones
    specified above.[^55]

###### G. Orbital Debris Mitigation

17. Currently, the FCC addresses issues regarding orbital debris and
    satellite systems on a case-by-case basis, under the general "public
    interest, convenience and necessity" standard in the Communications
    Act.[^56] To facilitate our orbital debris analysis, under Section
    25.143(b)(1) of our rules, 2 GHz MSS system proponents are required
    to "describe the design and operational strategies that they will
    use, if any, to mitigate orbital debris."[^57] This rule also
    requires 2 GHz MSS system proponents to "submit a casualty risk
    assessment if planned post-mission disposal involves atmospheric
    re-entry of the spacecraft."[^58]

18. In adopting this requirement, the Commission indicated that
    applicants may wish to consult the National Aeronautics & Space
    Administration (NASA)/Department of Defense (DoD) Guidelines on
    Debris Mitigation, as well as the ITU Recommendation on disposal of
    geostationary satellites.[^59] The NASA/DoD Guidelines identify four
    main objectives: 1) controlling debris released during normal
    operations; 2) minimizing debris generated by accidental
    explosions; 3) selecting safe flight profiles and operational
    configurations; and 4) providing for post-mission disposal of space
    structures.

19. Under the NASA/DoD Guidelines, these objectives are accomplished by
    a number of means.[^60] The first objective -- controlling debris
    released during normal operations -- is addressed by minimizing the
    amount of debris released in a planned manner during normal
    operations. The second objective -- minimizing debris generated by
    accidental explosions -- is addressed by limiting the risk to other
    space systems from accidental explosions both during mission
    operations and after completion of mission operations. For mission
    operations, this is accomplished through analysis of credible
    failure modes and development of methods to limit the probability
    they will occur. Post-mission, this is accomplished through
    depletion of all sources of stored energy on board the spacecraft
    when they are no longer required for mission operations or
    post-mission disposal. The third objective -- selecting a safe
    flight profile and operational configuration -- is addressed through
    estimating and limiting the probability of collision with large
    objects during orbital lifetime, and the probability of disabling
    collisions with small debris during mission operations.

20. The fourth objective in the NASA/DoD Guidelines -- providing for
    post-mission disposal of space structures -- is met by planning for
    disposal of a spacecraft at the end of mission life to minimize
    impact on future space operations. This is accomplished through one
    of two options relevant here. The first option is atmospheric
    reentry, *i.e.*, leaving the structure in an orbit in which it will
    remain in orbit for no longer than 25 years after mission
    completion. Under this option, it is also necessary to address the
    casualty risk from any portions of the spacecraft that may survive
    atmospheric reentry. The second option is maneuvering to a storage
    orbit. There are three suggested storage orbits. The first is
    between low and middle Earth orbit, *i.e.*, satellite perigee
    altitude above 2,000 kilometers and apogee altitude below 19,700
    kilometers. The second is between middle and geosynchronous Earth
    orbit, *i.e.*, perigee altitude above 20,700 kilometers and apogee
    altitude below 35,300 kilometers. The third is above geosynchronous
    Earth orbit, *i.e.*, perigee altitude above 36,100 kilometers (or
    approximately 300 kilometers above geosynchronous altitude). In
    addition to the NASA/DoD guidelines, and as the Commission observed
    in the *2 GHz MSS Order*,[^61] the ITU has developed a
    recommendation concerning operations in the GSO.[^62]

21. Each of the 2 GHz MSS systems submitted a narrative statement
    concerning orbital debris mitigation. We note that, to the extent
    that the statements address debris mitigation issues involving
    launch vehicle operations, we have neither reviewed nor concluded
    the plans disclosed are appropriate.[^63] We also note that, to the
    extent debris mitigation plans for MSS systems change, the system
    proponents should evaluate those changes to determine whether
    disclosure and/or prior approval is required.[^64]

22. In its Conforming Amendment, Constellation addressed orbital debris
    mitigation issues pertinent to operations, including debris release,
    accidental explosions, and collision with large objects.[^65]
    Specifically, Constellation indicates it will minimize the
    probability of accidental explosions by requiring "its spacecraft
    vendor to examine its design to identify subsystems that might have
    failure modes involving accidental explosions, such as the satellite
    on-board propulsion system and fuel tanks and battery subsystem, and
    to adopt design approaches that minimize the risk of accidental
    explosions over the design lifetime of the satellites."[^66]
    Constellation also specifically addressed the potential for
    collisions with large objects by stating that "Constellation system
    operators will monitor tracking data provided by the government on
    orbital objects ... that might approach the Constellation satellites
    during their normal operations, and, if necessary, will use
    stationkeeping maneuvers to avoid any potential collisions that
    might be identified."[^67] These statements are consistent with our
    expectation that Constellation and other 2 GHz MSS systems will
    develop appropriate operational plans and procedures to minimize the
    possibility of collision with large, known objects.[^68]

23. Constellation also defined a system disposal strategy addressing
    end-of-mission orbital debris mitigation issues. Constellation
    states that it will "maneuver its satellites into storage orbits
    with perigees significantly above the 2,000 km storage orbit
    specified in the draft U.S. Government/Industry
    recommendation."[^69] However, in order to permit assessment of
    Constellation's disposal plan and provide adequate information for
    potentially effected parties, we require Constellation to supplement
    its narrative statement by providing greater specificity regarding
    the range of storage orbit parameters selected for satellite
    disposal. Constellation also did not address the depletion of stored
    energy sources as part of system disposal. We require Constellation
    to supplement its narrative statement by stating its intent in this
    regard. Each of these required supplements to Constellation's
    orbital debris narrative statement are to be submitted no later than
    six months prior to the CDR milestone. We also note that this
    *Order* does not authorize the relocation of operational satellites
    to storage orbits at end-of-life. Such authorization will need to be
    obtained through a request for modification of Constellation's
    license.

###### H. Other Issues

24. *Timing of Licensing*. AT&T Wireless Services, Inc., Cingular
    Wireless LLC, Sprint PCS, and Verizon Wireless (Wireless Carriers)
    in a recent joint letter requested the Commission to defer grant of
    the pending 2 GHz MSS applications until (1) public comment is
    sought and received on the implications of New ICO Global
    Communications (Holdings) Ltd.'s (ICO's) March 8, 2001 *ex parte*
    letter proposing amendment of the 2 GHz MSS service rules to permit
    licensees to incorporate an "ancillary terrestrial component" into
    their 2 GHz MSS networks; and (2) the Commission considers a
    petition for rule making submitted by the Cellular
    Telecommunications & Internet Association (CTIA) requesting that the
    2 GHz MSS bands be reallocated for other uses, such as terrestrial
    wireless services.[^70] For the reasons set forth in the ICO *Order*
    issued contemporaneously with this *Order and Authorization*, we
    deny the Wireless Carriers' request to defer action on the 2 GHz MSS
    applications.[^71]

25. *Alien Ownership*. One hundred percent of Constellation's capital
    stock is held by CCINV, a private Netherlands Antilles
    corporation.[^72] Section 310 of the Communications Act contains
    restrictions on non-United States ownership of certain types of
    licenses.[^73] According to the Constellation Ownership Amendment,
    U.S. citizens hold 100% of the shares of CCINV capital stock and
    constitute one hundred percent of CCINV's officers and
    directors.[^74] Because there is no foreign government ownership in
    CCIVN, and because Constellation proposes to operate the satellites
    authorized herein on a non-common carrier basis, further inquiry
    into alien ownership issues is unnecessary.

26. *Financial Qualifications*. The Boeing Company (Boeing) and Iridium
    LLC (Iridium) filed Petitions to Hold in Abeyance or Deny
    Constellation's application, stating that we should require
    Constellation to demonstrate financial qualifications to hold a 2
    GHz MSS license.[^75] The Commission decided not to impose financial
    qualifications for the current 2 GHz MSS processing round,[^76] and
    therefore, we deny Boeing's and Iridium's Petitions against
    Constellation's application.

# IV. ORDERING CLAUSES

27. Accordingly, IT IS ORDERED that the Application File No.
    181-SAT-P/LA-97(46); IBFS Nos. SAT-LOA-19970926-00148,
    SAT-AMD-19991230-00134 and SAT-AMD-20001103-00152 IS GRANTED to the
    extent indicated herein and Constellation Communications Holdings,
    Inc. IS AUTHORIZED to construct, launch and operate its proposed
    mobile-satellite system to provide service in the United States in
    the 1990‑2025 MHz and 2165-2200 MHz frequency bands, in accordance
    with the technical specifications set forth in its application, as
    amended, and consistent with our rules unless specifically waived
    herein, and subject to the following conditions:

    a.  Constellation Communications Holdings, Inc. must choose a
        Selected Assignment in the 1990-2025 MHz and 2165‑2200 MHz
        frequency bands upon launch of one satellite into its authorized
        satellite orbit, and commencement of operations by that
        satellite;

    b.  The Selected Assignment shall give Constellation Communications
        Holdings, Inc. access to 3.5 megahertz in each direction of
        transmission on a primary basis;

    c.  The Selected Assignment shall be chosen such that the band edge
        of the assignment is an integer multiple of 3.88 megahertz from
        the band edge of the 2 GHz MSS band; and

    d.  Operations in frequencies in these bands outside the Selected
        Assignment shall be on a secondary basis to operations of other
        2 GHz MSS systems.

28. IT IS FURTHER ORDERED that Constellation Communications Holdings,
    Inc. IS AUTHORIZED to operate its proposed mobile-satellite system
    in the 1980-2025 MHz and 2165-2200 MHz frequency bands outside the
    United States subject to the following conditions:

    a.  In International Telecommunication Union (ITU) Regions 1 and 3,
        operations shall be limited to the 1980-2010 MHz and 2170-2200
        MHz bands and shall comply with footnote S5.389F of the ITU
        Radio Regulations.[^77]

    b.  In ITU Region 2, operations shall comply with footnotes S5.389A,
        S5.389B, S5.389C, S5.389D, S5.389E, and S5.390 of the ITU Radio
        Regulations.[^78]

    c.  Constellation Communications Holdings, Inc. is obligated to
        comply with the applicable laws, regulations, rules, and
        licensing procedures for those countries it proposes to serve.

29. IT IS FURTHER ORDERED that Constellation Communications Holdings,
    Inc. IS AUTHORIZED to construct, launch and operate its proposed
    mobile-satellite system capable of operating in the 5091-5250 MHz
    and the 15.43-15.63 GHz bands (Earth-to-space) and the 6700-7075 MHz
    band (space-to-Earth) for feeder link operations, in accordance with
    the technical specifications set forth in its application, as
    amended, and consistent with our rules unless specifically waived
    herein, and subject to the following conditions:

    a.  Section 2.102(a) of the Commission's rules, 47 C.F.R. §
        2.102(a), IS WAIVED to permit Constellation Communications
        Holdings, Inc. to operate its feeder uplink transmissions in the
        5091-5250 MHz and the 15.43-15.63 GHz bands, and its feeder
        downlink transmissions in the 6700-7075 MHz band, in accordance
        with the terms of this *Order*, and subject to any applicable
        rules that may be promulgated in ET Docket No. 98-142,
        *Amendment of Parts 2, 25 and 97 of the Commission's Rules with
        Regard to the Mobile-Satellite Service Above 1 GHz*.

    b.  Constellation Communications Holdings, Inc. shall coordinate its
        feeder uplink operations in the 5091-5150 MHz and 15.43-15.63
        GHz bands through the Frequency Assignment Subcommittee of the
        Interdepartment Radio Advisory Committee of the National
        Telecommunication and Information Administration.

30. IT IS FURTHER ORDERED that this authorization shall be become NULL
    and VOID with no further action required on the Commission's part in
    the event the space stations are not constructed, launched and
    placed into operation in accordance with the technical parameters
    and terms and conditions of the authorization by the following
    dates:

+----------------------------------------------------+-----------------+
| **Milestone**                                      | # Deadline      |
+----------------------------------------------------+-----------------+
| Enter Non-contingent Satellite Manufacturing       | July 17, 2002   |
| Contract                                           |                 |
+----------------------------------------------------+-----------------+
| Complete Critical Design Review                    | July 17, 2003   |
+----------------------------------------------------+-----------------+
| Begin Physical Construction of All Satellites      | January 17,     |
|                                                    | 2004            |
+----------------------------------------------------+-----------------+
| Complete Construction and Launch First Two         | January 17,     |
| Satellites in System                               | 2005            |
+----------------------------------------------------+-----------------+
| Certify Entire System Operational                  | July 17, 2007   |
+----------------------------------------------------+-----------------+

31. IT IS FURTHER ORDERED that the Petition to Hold in Abeyance of The
    Boeing Company, the Petition to Deny of Iridium LLC, and the
    Petition to Deny of Mobile Communications Holdings, Inc. (each filed
    May 4, 1998) ARE DENIED.

32. IT IS FURTHER ORDERED that Constellation Communications Holdings,
    Inc. will prepare any necessary submissions to the ITU to initiate
    and complete the advance publication, international coordination,
    and notification process for the space stations authorized by this
    *Order*, in accordance with the ITU Radio Regulations. 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
    the subject of additional terms and conditions as required to effect
    coordination of the frequency assignments of other Administrations.
    47 C.F.R. § 25.111(b).

33. IT IS FURTHER ORDERED that this *Order* 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.

34. IT IS FURTHER ORDERED that Constellation Communications Holdings,
    Inc. may decline this authorization as conditioned within 30 days of
    the date of the release of this *Order and Authorization*. Failure
    to respond within that period will constitute formal acceptance of
    the authorization as conditioned.

35. This *Order and Authorization* is issued pursuant to Sections 0.241
    and 0.261 of the Commission's rules on delegations of authority, 47
    C.F.R. §§ 0.241, 0.261, and is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

######  Donald Abelson

Chief, International Bureau

######  Bruce A. Franca

Acting Chief, Office of Engineering and Technology

**APPENDIX A**

####### LIST OF PLEADINGS ADDRESSING 

####### CONSTELLATION COMMUNICATIONS HOLDINGS, INC.'S APPLICATION 

**[Filed May 4, 1998]{.underline}**

Petition to Hold in Abeyance of The Boeing Company

Comments of Celsat America, Inc.

Comments of Constellation Communications, Inc.

Consolidated Comments of ICO Services Limited at 10-11

Consolidated Comments and Petition to Deny of Iridium LLC at 10-11

Petitions to Deny of Mobile Communications Holdings, Inc.

Comments of Wireless Communications Association International, Inc.

**[Filed June 3, 1998]{.underline}**

Consolidated Opposition and Reply Comments of Constellation
Communications, Inc.

**[Filed June 18, 1998]{.underline}**

Reply of Constellation Communications, Inc.

Consolidated Reply of Iridium LLC at 11-12

Response of Wireless Communications Association International, Inc. at 2
n.4

[^1]: ^?^ The term "2 GHz MSS Band" is used in this *Order* to refer to
    the 1990-2025 MHz (uplink) and 2165-2200 MHz (downlink) frequencies.
    These frequencies are allocated to the Mobile-Satellite Service
    (MSS) in the United States. *See Amendment of Section 2.106 of the
    Commission\'s Rules to Allocate Spectrum at 2 GHz for Use by the
    Mobile-Satellite Service*, ET Docket No. 95-18, First Report and
    Order and Further Notice of Proposed Rule Making, 12 FCC Rcd 7388
    (1997), *aff'd on recon*., Memorandum Opinion and Order and Third
    Notice of Proposed Rule Making and Order, 13 FCC Rcd 23949 (1998),
    *further proceedings*, Second Report And Order and Second Memorandum
    Opinion and Order, 15 FCC Rcd 12315 (2000) (*2 GHz Allocation &
    Relocation Proceeding*).

[^2]: ^?^ "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).

[^3]: ^?^ "Feeder links" are the 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.

[^4]: ^?^ The 5, 7, 15 GHz band refers to the Earth-to-space (uplink)
    frequencies at 5091-5250 GHz (the "5 GHz band") and the 15.43-15.63
    GHz band (the "15 GHz band"), and the corresponding space-to-Earth
    (downlink) frequencies at 6700-7075 MHz (the "7 GHz band").

[^5]: ^?^ Amendment to Application of Constellation Communications
    Holdings, Inc., File No. SAT-AMD-20001103-00152, at 5 (Conforming
    Amendment). The Members of the International Telecommunication Union
    (ITU) have divided the world into three Regions. Generally, Region 1
    includes Africa, Europe, Northern and Western portions of Asia;
    Region 2 includes the Americas and Greenland; and Region 3 includes
    Southern portions of Asia, Australia and the South Pacific. *See*
    ITU Radio Regulations Article S5, Section I. In accordance with ITU
    Regulations, the 1980-2010 MHz and 2170‑2200 MHz bands are allocated
    to MSS worldwide. *Id.* Article S5, Section IV. Region 2
    allocations, however, vary slightly from those of the other regions.
    In Region 2, the 1980‑1990 MHz band does not become available for
    MSS until January 1, 2005. *Id.* S5.389A. In addition, the 2010-2025
    MHz and the 2165-2170 MHz bands, which the ITU already has made
    available for MSS use in Canada and the United States, will become
    available for MSS in the rest of Region 2 on January 1, 2002. *Id.*
    S5.389C & S5.389D.

[^6]: ^?^ One orbital plane is an equatorial ring (zero degree
    inclination) comprised of 11 operational satellites at an altitude
    of 1965 kilometers with a period of 126.4 minutes. The other seven
    orbital planes are comprised of five satellites each, with an
    inclination angle of 62 degrees, altitude of 2035 kilometers, and
    period of 128 minutes. Application of Constellation Communications,
    Inc., File No. 181-SAT-P/LA-97(46), IBFS Nos.
    SAT-LOA-19970926-00148, at 12 (Constellation Application).

[^7]: ^?^ *Id.* In this document, the term "applicant" and "application"
    refers to all parties, and their submissions, seeking to operate 2
    GHz MSS systems, whether they are applicants for U.S.-licensed
    systems or letter of intent filers from non-U.S. licensed systems
    seeking to serve the U.S. market using 2 GHz MSS spectrum.

[^8]: ^?^ *See* Public Notice, Report No. SPB-119 (rel., March 19,
    1998). In response to this Public Notice, 7 comments, 1 reply
    comment, and 3 responses were filed specifically addressing
    Constellation's Application. A list of pleadings is attached in
    Appendix A.

[^9]: ^?^ *Constellation Communications, Inc.*, Order and Authorization,
    12 FCC Rcd 9651 (Int'l Bur./OET 1997).

[^10]: ^?^ *See* Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division, FCC to Robert A. Mazer, Counsel for
    Constellation Communications, Inc. (September 14, 1999) (File No.
    SAT-ASG-19990222-00023).

[^11]: ^?^ *See* Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division, FCC to Robert A. Mazer, Counsel for
    Constellation Communications Holdings, Inc. (December 22, 1999)
    (File No. SAT-ASG-19991028-00105).

[^12]: ^?^ FCC Form 312 of Constellation Communications, Inc., File No.
    SAT-AMD-19991230-00134 (Constellation Ownership Amendment).

[^13]: ^?^ *The Establishment of Policies and Service Rules for the
    Mobile Satellite Service in the 2 GHz Band*, IB Docket No. 99-81,
    Report and Order, 15 FCC Rcd 16127 (2000) (*2 GHz MSS Order*).

[^14]: ^?^ Conforming Amendment, footnote 5, *supra*. *See* Public
    Notice, Report No. SAT-00061 (rel. November 29, 2000) (*2 GHz MSS
    Amendment PN*). No petitions to deny or other objections or comments
    were filed on Constellation's Conforming Amendment in response to
    this Public Notice.

[^15]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16152 ¶ 52.

[^16]: ^?^ *Id.* at ¶ 53.

[^17]: ^?^ Conforming Amendment at 5.

[^18]: ^?^ 47 C.F.R. § 25.143(b)(2)(iii).

[^19]: ^?^ 47 C.F.R. § 25.143(b)(2)(ii).

[^20]: ^?^ Conforming Amendment at 4.

[^21]: ^?^ *See* Petition to Deny of Mobile Communications Holdings,
    Inc.

[^22]: ^?^ *See* Conforming Amendment at 4; Consolidated Opposition and
    Reply Comments of Constellation Communications, Inc. at 3 n.4.

[^23]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16138 ¶ 16.

[^24]: ^?^ *Id.* at 16139 ¶ 17.

[^25]: ^?^ *Id.*

[^26]: ^?^ *Id.* at 16146-47 ¶¶ 35-39.

[^27]: ^?^ *Id.* at 16138 ¶ 16.

[^28]: ^?^ *See 2 GHz MSS Amendment PN*, Report No. SAT-00061.

[^29]: ^?^ *See Ex parte* Letter of New ICO Global Communications
    (Holdings) Ltd., IB Docket No. 99-81 (dated March 8, 2001) (ICO *Ex
    Parte* Letter); Petition for Rulemaking of the Cellular
    Telecommunications & Internet Association (filed May 18, 2001) (CTIA
    Petition).

[^30]: ^?^ Systems must be implemented consistent with the plans for
    incumbent relocation adopted in the *2 GHz Allocation & Relocation
    Proceeding*, Second Report And Order and Second Memorandum Opinion
    and Order, 15 FCC Rcd 12315, including the phased plan for
    relocation in the 1990‑2025 MHz band.

[^31]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16138 ¶ 16. A satellite's
    intended orbit is the final orbit it will occupy to provide
    commercial service. *Id.* n.75.

[^32]: ^?^ *Id.* at 16139-40 ¶ 19. The 1990-2025 MHz (Earth-to-space)
    and 2165-2200 MHz (space-to-Earth) bands are immediately adjacent to
    the 2025-2110 MHz (Earth-to-space, space-to-space) and 2200-2290 MHz
    (space-to-Earth, space-to-space) bands, respectively, where the
    Federal Government has extensive satellite network operations. To
    avoid the possibility of adjacent band interference, this potential
    interference situation needs to be considered by both non-Government
    and Government satellite operators when implementing their
    respective satellite systems near the band edges.

[^33]: ^?^ Conforming Amendment at n.12; Constellation Application at
    8-12.

[^34]: ^?^ ITU Radio Regulations Footnotes S5.444A (among other things,
    allocating the 5091-5150 MHz band for assignment to NGSO MSS feeder
    uplinks until January 1, 2008, subject to coordination); S5.447A
    (allocating the 5150-5250 MHz band to NGSO MSS feeder uplinks,
    subject to coordination); S5.458B (allocating the 6700-7075 MHz band
    to NGSO MSS feeder downlinks, subject to coordination); and S5.511A
    (among other things, allocating the 15.43-15.63 GHz band to NGSO MSS
    feeder uplinks, subject to coordination).

[^35]: ^?^ *See Amendment of Parts 2, 25 and 97 of the Commission's
    Rules with Regard to the Mobile-Satellite Service Above 1 GHz*, ET
    Docket No. 98-142, Notice of Proposed Rule Making, 13 FCC Rcd 17107
    (1998).

[^36]: ^?^ 47 C.F.R. § 2.102(a).

[^37]: ^?^ *See, e.g.*, *L/Q Licensee, Inc.*, Order and Authorization,
    11 FCC Rcd 16410, 16413-14 ¶ 8 (Int'l Bur. 1996).

[^38]: ^?^ *See WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969).

[^39]: ^?^ 47 C.F.R. § 25.130.

[^40]: ^?^ *See 2 GHz MSS Order*, 15 FCC Rcd at 16159 ¶ 72 (citing 47
    C.F.R. § 25.203(k)).

[^41]: ^?^ 47 C.F.R. § 25.272.

[^42]: ^?^ 47 C.F.R. § 2.106, footnote US260.

[^43]: ^?^ 47 C.F.R. § 2.106, footnote S5.444. MLS currently operates in
    the 5030-5091 MHz band. However, prior to January 1, 2010, MLS
    requirements that can not be met in the 5030-5091 MHz band can be
    met in the 5091-5150 MHz band. *See* *ITU Radio Regulations*,
    Resolution 114 (WRC-95) (Use of the band 5091-5150 MHz by the
    fixed-satellite service (Earth-to-space) (limited to feeder links of
    the non-geostationary mobile-satellite service)).

[^44]: ^?^ *See* ITU Recommendation ITU-R S.1342 (Method for determining
    coordination distances, in the 5 GHz band, between the international
    standard microwave landing system in the aeronautical
    radionavigation service and non-geostationary mobile satellite
    service stations providing feeder uplink services).

[^45]: ^?^ *See* ITU Recommendation ITU-R S.1340 (Sharing between feeder
    links for the mobile-satellite service and the aeronautical
    radionavigation service in the Earth-to-space direction in the band
    15.4-15.7 GHz).

[^46]: ^?^ *See 2 GHz MSS Order*, 15 FCC Rcd at 16162-63 ¶ 77. Section
    25.202(g) of the Commission's rules states that TT&C functions for
    U.S. domestic satellites "shall 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.
    47 C.F.R. § 25.202(g).

[^47]: ^?^ *See* Letter from Associate Administrator, Office of Spectrum
    Management, NTIA, to Acting Chief, Office of Engineering and
    Technology, FCC (May 7, 2001).

[^48]: ^?^ *See* 47 C.F.R. § 2.106, footnote S5.458A ("In making
    assignments in the band 6700-7075 MHz to space stations of the
    fixed-satellite service, administrations are urged to take all
    practicable steps to protect spectral line observations of the radio
    astronomy service in the band 6650-6675.2 MHz from harmful
    interference from unwanted emissions.").

[^49]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16175-76 ¶ 103; 47 C.F.R. §
    25.121(a) ("Licenses for facilities governed by this part will be
    issued for a period of 10 years, except that licenses and
    authorizations in the 2 GHz Mobile-Satellite Service will be issued
    for a period of 15 years.").

[^50]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16176 ¶ 103.

[^51]: ^?^ Constellation Application, Exhibit 1 at 7.

[^52]: ^?^ 47 U.S.C. §§ 153(44), 332(c)(5); 47 C.F.R. § 20.9(a)(10); *2
    GHz MSS Order*, 15 FCC Rcd at 16173 ¶ 95.

[^53]: ^?^ We also note that the Commission will address issues
    concerning protection for aeronautical radionavigation in the
    1559-1610 MHz band from the out-of-band emissions of 2 GHz MSS
    mobile earth terminals (METs) in the pending Global Mobile Personal
    Communications by Satellite (GMPCS) rulemaking, and the 2 GHz MSS
    METs will be subject to applicable rules and policies the Commission
    will adopt in that proceeding. *2 GHz MSS Order*, 15 FCC Rcd at
    16196-97 ¶ 163 (citing *Amendment of Parts 2 and 25 to Implement the
    Global Mobile Personal Communications by Satellite (GMPCS)
    Memorandum of Understanding and Arrangements*, IB Docket No. 99-67,
    Notice of Proposed Rule Making, 14 FCC Rcd 5871 (1999)).

[^54]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16177-78 ¶ 106.

[^55]: ^?^ *See* 47 C.F.R. § 25.143(e)(1) (requiring satellite
    space-station operators to file annual reports with the Commission
    every October 15); *Id.* § 25.143(e)(3) (requiring satellite
    space-station operators to file a certification with the Commission
    within 10 days of a system implementation milestone).

[^56]: ^?^ 47 U.S.C. § 303.

[^57]: ^?^ 47 C.F.R. § 25.143(b)(1), as amended by the *2 GHz MSS
    Order*, 15 FCC Rcd at 16205. The Commission also stated that it
    intends to commence a rulemaking proceeding proposing to explore
    orbital debris mitigation issues. *2 GHz MSS Order*, 15 FCC Rcd at
    16188 ¶ 138.

[^58]: ^?^ 47 C.F.R. § 25.143(b)(1), as amended by the *2 GHz MSS
    Order*, 15 FCC Rcd at 16205.

[^59]: ^?^ *See 2 GHz MSS Order*, 15 FCC Rcd at 16118 ¶ 138.

[^60]: ^?^ *See The Establishment of Policies and Service Rules for the
    Mobile Satellite Service in the 2 GHz Band*, IB Docket No. 99-81, 14
    FCC Rcd 4843, 4901-03 (1999) (Appendix C).

[^61]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16118 ¶ 138.

[^62]: ^?^ Recommendation ITU-R S.1003. The recommendation suggests, in
    pertinent part, that a geostationary satellite at the end of its
    life should be transferred before complete exhaustion of its
    propellant, to a "supersynchronous graveyard orbit that does not
    intersect the GSO," with GSO defined as the mean earth radius of
    42,164 kilometers plus or minus 300 kilometers. The recommendation
    also notes that what constitutes "an effective graveyard orbit"
    requires further studies. In this regard, we note that orbital
    perturbations due to solar and lunar gravitation, solar pressure, or
    other sources, may, over time, result in an inactive satellite's
    orbit intersecting the GSO, as defined by the ITU recommendation,
    even if the initial disposal altitude does not intersect the GSO.

[^63]: ^?^ The United States licensing authority for commercial launches
    is the Federal Aviation Administration. *See* 14 C.F.R. § 400 *et
    seq*.

[^64]: ^?^ *See* 47 C.F.R. §§ 1.65, 25.117(a). *See also 2 GHz MSS
    Order*, 15 FCC Rcd at 16179 ¶ 108 (system modifications requiring
    prior FCC approval should be identified well in advance of the CDR
    milestone).

[^65]: ^?^ Conforming Amendment at 6-7.

[^66]: ^?^ *Id.* at 7.

[^67]: ^?^ *Id.*

[^68]: ^?^ *See, e.g.*, Amendment to Pending Application of Iridium LLC,
    SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2.

[^69]: ^?^ Conforming Amendment at 7.

[^70]: ^?^ Letter to Michael K. Powell, Chairman, Federal Communications
    Commission from Douglas Brandon, AT&T Wireless Services, Inc., Brian
    F. Fontes, Cingular Wireless, LLC, Luisa L. Lancetti, Sprint
    Corporation, and John T. Scott, III, Verizon Wireless, IB Docket No.
    99-81 (dated June 13, 2001) (citing the ICO *Ex Parte* Letter and
    CTIA Petition). *Accord Ex parte* Letter of CTIA, IB Docket No.
    99-81 (dated July 12, 2001). *But see Ex parte* Letter of
    Globalstar, L.P., IB Docket No. 99-81 (dated July 2, 2001)
    (objecting to the Wireless Carriers' request); *Ex parte* Letter of
    Celsat America, Inc., IB Docket No. 99-81 (dated June 25, 2001)
    (same).

[^71]: ^?^ *See ICO Services Limited, Letter of Intent to Provide
    Mobile-Satellite Service in the 2 GHz Bands*, Order, DA 01-1635, at
    ¶¶ 29-31 (Int'l Bur./OET, rel. July 17, 2001).

[^72]: ^?^ Constellation Ownership Amendment, Exhibit 1 at 1.

[^73]: ^?^ 47 U.S.C. § 310(a)-(b). Section 310(a) provides that a
    license shall not be granted to or held by any foreign government or
    the representative thereof. *Id.* § 310(a). Section 310(b), which
    extends this prohibition to any corporation organized under the laws
    of any foreign government, applies only to common carrier, broadcast
    or certain aeronautical licenses. *Id.* § 310(b).

[^74]: ^?^ Constellation Ownership Amendment, Exhibit 1 at 1.

[^75]: ^?^ *See* Petition to Hold in Abeyance of the Boeing Company at
    5-11; Consolidated Comments and Petition to Deny of Iridium LLC at
    10-11; Consolidated Reply of Iridium LLC at 11-12. *Accord*
    Consolidated Comments of ICO Services Limited at 10-11.

[^76]: ^?^ *2 GHz MSS Order*, 15 FCC Rcd at 16150 ¶ 48.

[^77]: ^?^ ITU Radio Regulations Footnote S5.389F (placing limitations
    on MSS use of the 1980-2010 MHz and 2170-2200 MHz bands in Algeria,
    Benin, Cape Verde, Egypt, Mali, Syria and Tunisia).

[^78]: ^?^ ITU Radio Regulations Footnotes S5.389A (allocating the
    1980-2010 MHz and 2170-2200 MHz bands to MSS, subject to
    coordination, effective January 1, 2000, except for the use of the
    1980-1990 MHz band in Region 2, which is effective January 1, 2005);
    S5.389B (placing limitations on MSS use of the 1980-1990 MHz band in
    Argentina, Brazil, Canada, Chile, Ecuador, the United States,
    Honduras, Jamaica, Mexico, Peru, Suriname, Trinidad & Tabago,
    Uruguay and Venezuela); S5.389C (allocating the 2010-2025 MHz and
    2165-2170 MHz bands to MSS in Region 2, subject to coordination,
    effective January 1, 2002); S5.389D (permitting MSS use of the
    2010-2025 MHz and 2165-2170 MHz bands in the United States and
    Canada, effective January 1, 2000); S5.389E (placing limitations on
    MSS use of the 2010-2025 MHz and 2165-2170 MHz bands in Region 2
    with respect to other services' operations in these bands in Regions
    1 and 3); and S5.390 (placing limitations on MSS use of the
    2010-2025 MHz and 2165-2170 MHz bands in Argentina, Brazil, Chile,
    Columbia, Cuba, Ecuador and Suriname).