**[Federal Communications Commission DA 99-2519]{.underline}**

**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Assignment of Orbital Locations )

to Space Stations in the Domestic )

Fixed-Satellite Service )

)

and the Applications of )

)

GE AMERICAN COMMUNICATIONS, INC. ) File Nos.: SAT-MOD-19981023-0075

) SAT-MOD-19981023-0076

For Modification of Authorizations to ) SAT-STA-19990525-00056

Construct, Launch, and Operate Space )

Stations in the Fixed Satellite Service )

And for Special Temporary Authority )

To Test Space Station at 72° W.L. )

**ORDER AND AUTHORIZATION**

Adopted: November 12, 1999 Released: November 12,1999

By the Chief, Satellite and Radiocommunication Division:

# i. introduction

1.  By this Order, we address applications filed by GE American
    Communications, Inc. ("GE Americom") in connection with the launch
    of the GE-4 satellite. Specifically, we grant GE Americom's request
    to reassign a C-/Ku-band hybrid from 72° W.L. to the 101° W.L. orbit
    location and to make certain technical changes to the
    spacecraft**.**[^1] We also grant GE Americom's request to relocate
    Satcom SN-4 from 101° W.L. to the 72° W.L. orbit location once GE-4
    is operational at 101° W.L. We further grant GE Americom special
    temporary authority ("STA") to test GE-4 at the 72° W.L. orbit
    location. We dismiss GE Americom's request for authority to use the
    11.45-11.7 GHz "extended" Ku-band for domestic service, without
    prejudice, but grant GE Americom's request to use this band for
    international purposes as well as add the use of the 13.75-14.0 GHz
    "extended" Ku-band. Today's action permits GE Americom to proceed
    with launch of the GE-4 satellite, and thereby enhance service to
    its customers currently being served from the 101° W.L. orbit
    location, while initiating additional satellite service from the 72°
    W.L. orbit location.

# ii. background {#ii.-background .unnumbered}

2.  In May 1996, we authorized six applicants to construct, launch, and
    operate eleven C-band and/or Ku-band domestic fixed-satellites and
    assigned them to specific orbit locations.[^2] The Order included an
    assignment to GE Americom for a C-/Ku-band[^3] hybrid satellite at
    the 67° W.L. orbit location. GE Americom petitioned for
    reconsideration of the *1996 Assignment Order* and the *1996 Domsat
    Opinions* requesting, among other things, an alternative orbit
    location for GE-4.[^4] The Commission partially granted
    GE Americom\'s Petition for Reconsideration in June 1998 by
    assigning GE-4 the orbit location of 81° W.L.[^5] That decision was
    challenged by the Comision Nacional de Comunicaciones of Argentina
    (\"CNC\")[^6] and PanAmSat Licensee Corp. (\"PanAmSat\"). The United
    States and Argentina, thereafter, conducted coordination meetings in
    order to resolve the conflict. This led to an agreement among the
    interested parties pursuant to which GE Americom filed a request for
    reassignment of its authorization to the 72° W.L. orbit location and
    the CNC and PanAmSat withdrew their challenges to the Commission's
    decision. The Commission granted reassignment to the 72° W.L. orbit
    location in October 1998.[^7]

3.  GE Americom now requests a further modification of its
    authorization. Specifically, GE Americom seeks to reassign GE-4 to
    the 101° W.L. orbit location.[^8] It also proposes to modify certain
    technical characteristics of its spacecraft, which include adding
    the use of extended Ku-band frequencies for both domestic and
    international service and expansion of the spacecraft's coverage
    area for both standard and extended Ku-Band to include South
    America.[^9] GE Americom requests a waiver of our requirement in 47
    C.F.R. § 25.202(a)(1), n. 2 that the 11.45-11.7 GHz band be used
    only by international systems, arguing that its proposed use does
    not pose an interference threat to terrestrial fixed wireless
    services.[^10]

4.  GE Americom simultaneously requests a modification of its Satcom
    SN-4 authorization. Satcom SN-4, which currently occupies the 101°
    W.L. orbit location,[^11] became operational in April 1991 and has
    an expected end of life of December 2004.[^12] GE Americom proposes
    to relocate Satcom SN-4 to the 72° W.L. orbit location once GE-4 is
    operating at the 101° W.L. orbit location.

# III. DISCUSSION

A.  **Reassignment of GE-4 and Satcom SN-4**

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5.  The GE Americom modification requests propose, in part, to alter its
    current authorizations by exchanging orbit locations between the
    GE-4 and Satcom SN-4 satellite and add coverage to South America for
    the GE-4 satellite. The Commission has historically recognized that
    licensees may for a variety of reasons reasonably request changes to
    a current authorization and has provided for such changes in our
    rules.[^13] Our expressed policy regarding the licensing of
    satellites is to carry out this process in a manner that promotes
    competition, flexibility, and technical innovation.[^14] To this
    end, the Commission attempts, when possible, to leave spacecraft
    design decisions to the space station licensee because the licensee
    is in a better position to determine how to tailor its system to
    meet the particular needs of its customers.[^15] Consequently, the
    Commission will generally grant a licensee's request to modify its
    system provided there are no compelling countervailing public
    interest considerations.[^16]

6.  GE Americom asserts that its proposed exchange of orbital locations
    of GE-4 and Satcom SN-4 will allow GE Americom to better manage its
    fleet in response to customer demand. It further states that no
    party will be adversely affected by its proposals because grant of
    the modification applications will not change the number or identity
    of the orbital locations assigned to GE Americom or result in
    coordination difficulties.[^17]

7.  PanAmSat Corporation ("PanAmSat") states that it does not oppose
    either modification application "*per se*". [^18] However, it
    expresses concern about potential coordination issues between GE-4
    and PanAmSat's proposed replacement for Galaxy IV at 99° W.L.,[^19]
    and between Satcom SN-4 and PanAmSat's SBS-6 satellite located at
    74° W.L.[^20] PanAmSat further notes that GE Americom failed to
    provide an adjacent satellite analysis of Satcom SN-4 with respect
    to PanAmSat's SBS-6 spacecraft.[^21]

8.  GE Americom states that coordination negotiations with PanAmSat
    regarding concerns about the 99° W.L. and 101° W.L orbit locations
    have been on-going and that many of the technical issues concerning
    GE-4 have been successfully resolved. It asserts that it does not
    anticipate any difficulty in successfully completing a coordination
    agreement.[^22] As for SN-4, GE Americom indicates that it will be a
    less powerful, and therefore less interfering, satellite than the
    spacecraft GE Americom was authorized to launch into the 72° W.L.
    orbit location.[^23] It has now submitted an interference analysis
    seeking to demonstrate that SN-4 will not unduly interfere with
    SBS-6 at 74°W.L.[^24]

9.  We conclude that a grant of GE Americom's request to modify orbit
    locations and expand coverage would serve the public interest. The
    modifications will permit GE Americom to enhance service to
    customers from the 101° W.L. orbit location, while expediting the
    initiation of service from the 72° W.L. orbit location. In regard to
    GE Americom's request to include coverage of South America from the
    GE-4 spacecraft, we note that *DISCO I* changed the policy that
    previously limited domestic fixed-satellites from providing
    international service. [^25] The new policy, instead, eliminated the
    distinction between U.S.-licensed domestic fixed-satellites and
    international separate system satellites.[^26] Therefore, GE-4 may
    serve South America in this situation, subject to international
    coordination**.**

10. As for coordination issues raised by PanAmSat, we note that we have
    repeatedly stated that we expect licensees to bear the
    responsibility of coordinating adjacent satellites pursuant to the
    two-degree orbital spacing requirement because they are in the best
    position to determine the technical and economic tradeoffs inherent
    in reaching a coordination agreement.[^27] We will not become
    involved in these coordination efforts unless the parties are unable
    to reach an agreement and request that we participate. In any event,
    the record here presents no potential problems that appear
    insurmountable. To the contrary, it appears that most coordination
    concerns have been addressed. It is reasonable to expect that with
    good faith efforts, the affected operators will be able to reach a
    final coordination agreement.

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B.  **Request for Authorization to Use the 13.75-14.0 GHz Frequency
    Band**

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11. As part of its request to modify the GE-4 authorization, GE Americom
    proposes to add the use of the 13.75-14.0 GHz "extended" Ku-band.
    This frequency band is allocated domestically and internationally to
    the fixed-satellite service (FSS) in the Earth to space direction,
    subject to restrictions embodied in certain footnotes to the
    international regulations and the domestic Table of Allocations. In
    particular, footnote S5.503A to the ITU Radio Regulations requires
    that, prior to January 1, 2000, the FSS shall not cause harmful
    interference to non-geostationary space stations in the space
    research and earth exploration satellite services.[^28] There are
    further restrictions placed on the FSS earth stations in footnotes
    S5.502 and S5.503.[^29] In addition, concerning domestic
    allocations, footnote US337 to 47 C.F.R. § 2.106 requires that
    coordination of FSS earth stations operating in the 13.75-13.80 GHz
    band be coordinated through the National Telecommunications and
    Information Administration (NTIA) Interdepartment Radio Advisory
    Committee (IRAC) Frequency Assignment Subcommittee in order to
    minimize interference to the forward space-to-space link of the
    National Aeronautics and Space Administration (NASA) Tracking and
    Data Relay Satellite System (TDRSS).[^30] In this regard, we have
    received a letter from the NTIA[^31] requesting that we identify
    these requirements in any grant of authority to operate a satellite
    in the 13.75-14.0 GHz band. We, therefore, will require that the
    operations of the GE-4 network in the band 13.75-14.0 GHz be
    consistent with these various international and domestic regulatory
    footnotes.

**C. Request for Waiver to Allow Use of the 11.45-11.7 GHz Frequency
Band**

12. The 11.45-11.7 GHz band is allocated domestically to the FSS on a
    co-primary basis with the terrestrial fixed service (FS) and
    allocated internationally to the FSS, FS, and mobile services.[^32]
    The GE Americom modification application states that it intends to
    provide both domestic and international service consistent with
    Commission policies but proposes use of the (downlink) 11.45-11.7
    GHz "extended" Ku-band domestically even though Commission rules
    permit FSS use of this portion of the "extended" Ku-band on an
    international basis only.[^33] GE Americom, therefore, requests a
    waiver to the extent that our rules and policy prohibit use of the
    11.45-11.7 GHz frequency band for FSS domestic service use.[^34] It
    argues that its planned use of the 11.45-11.7 GHz band would not
    constitute a threat to terrestrial wireless services and that any
    interference concerns that arise can be dealt with through the
    coordination process. GE Americom asserts that coordination between
    domestic FSS and terrestrial fixed-satellite services is
    successfully accomplished in other bands, such as the 4/6 GHz band,
    and can be successfully accomplished in this band segment as
    well.[^35] It further contends that flexibility to use this band for
    both international and domestic service is necessary in order to
    make optimum use of its investment in new satellite capacity. GE
    Americom, moreover, asserts that this prohibition on domestic use is
    facially inconsistent with *DISCO I* where the Commission eliminated
    the distinctions between U.S.-licensed domestic fixed-satellites and
    international separate system satellites.[^36] No party opposes GE
    Americom's request.

13. Footnote NG104 to section 2.106 of our rules states that "\[t\]he
    use of the bands 10.7-11.7 and 12.75-13.25 GHz in the
    fixed-satellite service is limited to international systems, i.e.,
    other than domestic systems."[^37] The Commission limits the use of
    these bands to international satellite service and prohibits purely
    domestic use.[^38] This policy was implemented because even though
    the ITU Radio Regulations allocate the 10.7-11.7 GHz "extended"
    Ku-band frequencies to the fixed-satellite service, in the United
    States the terrestrial wireless service is also allocated the use of
    these frequencies. The fixed-satellite service was prohibited from
    using these frequencies domestically in order to limit the number of
    FSS earth stations with which the terrestrial fixed service would be
    required to coordinate.[^39] Therefore, any use of these frequencies
    by an FSS system to provide both domestic and international service
    would require a waiver, which GE Americom has requested.[^40]

14. Commission rules allow for waiver where good cause is shown.[^41] In
    particular, a waiver may be appropriate where a grant would not
    undermine the underlying policy objectives of the rule in question
    and unique circumstances support a finding that strict adherence
    would not be in the public interest.[^42] The United States Court of
    Appeals has stated that "an agency may discharge its
    responsibilities by promulgating rules of general application which,
    in the overall perspective, establish the 'public interest' for a
    broad range of situations, \[however, this\] does not relieve it of
    an obligation to seek out the 'public interest' in particular,
    individualized cases."[^43]

15. In this case, GE Americom's proposed FSS domestic services use of
    this band would undermine the policy objective of limiting use to
    international systems. There is no indication in GE Americom's
    showing that domestic use would involve a very limited number of FSS
    earth stations. In fact, GE Americom appears to advocate much more
    extensive use of the band. While GE Americom is correct that some
    potential problems can be addressed through the coordination
    process, deployment of earth stations can preclude further
    deployment of fixed services in the significantly sized areas
    surrounding earth stations. This has an impact regardless of whether
    interference to currently operating fixed services can be addressed
    through the coordination process. Thus, GE Americom's proposal could
    potentially undermine the purpose of the rule, namely to minimize
    the overall number of earth stations in order to limit the areas in
    which future terrestrial fixed service would be precluded. In
    addition, GE Americom fails to specifically show how adherence to
    this policy is unnecessary or counter to the public interest. At the
    very least, GE Americom would have to provide an analysis that
    demonstrates how additional domestic use of the 11.45-11.7 GHz band
    would serve the pubic interest, bearing in mind these
    considerations. We conclude, therefore, that it would not be in the
    public interest to grant a waiver where the objective of the policy
    would be so directly undermined. To the contrary, the public
    interest is served by a policy that minimizes potential interference
    and coordination difficulties with terrestrial fixed services.

16. Furthermore, we note, as the Commission has previously,[^44] that
    the issue of whether or not the 11.45-11.7 GHz band should be more
    readily available for FSS use is better addressed in a notice and
    comment rulemaking. The incumbent and potential fixed microwave
    licensees in these bands may be unaware of GE Americom's request and
    thus may not have had a reasonable opportunity to file comments in
    this proceeding in order to address the issue. The issue of whether
    to allow more extensive satellite use of this band is currently
    under consideration in a rule making proceeding.[^45] Accordingly,
    we dismiss GE Americom's request regarding domestic use, without
    prejudice. Consistent with precedent, however, we believe that GE
    Americom can use the 11.45-11.7 GHz band for international service,
    subject to international and domestic coordination
    requirements.[^46]

**D. Request for STA to Test GE-4**

17. GE Americom has requested special temporary authority to test GE-4
    for a period of 90 days after launch, prior to implementation of
    service.[^47] It explains that the STA is needed to permit testing
    of GE-4 without disrupting the services being provided by Satcom
    SN-4 at 101° W.L. No comments were filed in regard to GE Americom's
    request.

18. Testing is necessary in order to insure proper operation of a
    satellite. The Commission routinely grants requests to test newly
    launched satellites, so long as satellites currently operating are
    not subject to any harmful interference. GE Americom's brief use of
    the 72 ° W.L orbit location does not appear to conflict with any
    currently operating or planned satellite. Therefore, grant of GE
    Americom's request to test GE-4 at 72° W.L. for a period of 90 days
    following launch will serve the public interest since it will allow
    GE Americom to establish the health of its satellite prior to
    implementing full service to its customers. Our grant of this STA,
    however, is conditioned on the GE-4 spacecraft not conflicting with
    the operations of authorized users of the spectrum and/or not
    causing harmful interference to any authorized user, particularly
    those operating in adjacent orbit locations.

**IV. CONCLUSION AND ORDERING CLAUSES**

19. GE Americom has demonstrated its compliance with our technical
    requirements, including the two degree orbital spacing policy with
    respect to geostationary satellite orbit space stations. The grant
    of GE Americom's requests to modify space station authorizations is
    in the public interest as it will promote efficient use of the
    orbital arc by providing GE Americom with the flexibility needed to
    manage its fleet to meet customer requirements. However, its request
    for domestic use of the 11.45-11.7 GHz frequency band is not
    consistent with Commission rules. GE Americom's use of these
    frequencies shall be limited to international service, subject to
    international and domestic coordination, as required.

20. Accordingly, IT IS ORDERED that the GE American Communications, Inc.
    Application for Modification, File No. SAT-MOD-19981023-0076, IS
    GRANTED, to the extent indicated herein, and *Assignment of Orbital
    Locations to Space Stations in the Domestic Fixed-Satellite
    Service,*11 FCC Rcd 13788 (1996), *GE American Communications,
    Inc.*, 11 FCC Rcd 15030 (Int'l Bur. 1996), as modified, *Assignment
    of Orbital Locations to Space Stations in the Domestic
    Fixed-Satellite Service*, 13 FCC Rcd 23684 (1998), and 13 FCC Rcd
    23684 (1998), ARE MODIFIED and the GE American Communications, Inc.
    GE-4 satellite is reassigned from the 72° W.L. orbit location to
    101° W.L.

21. IT IS FURTHER ORDERED that the operation of the GE-4 satellite
    network in the 13.75-14.00 GHz band shall be in accordance with
    footnotes S5.502 and S5.503 to the International Radio Regulations
    and footnote US337 to 47 C.F.R. § 2.106.

22. IT IS FURTHER ORDERED that the operation of the GE-4 satellite
    network in the 13.75-14.0 GHz band shall be in accordance with
    S5.503A to the International Radio Regulations. In particular, until
    January 1, 2000, this satellite network shall not cause harmful
    interference to non-geostationary space stations in the space
    research and Earth exploration satellite services.

23. IT IS FURTHER ORDERED that the GE American Communications, Inc.
    request for waiver of Section 25.202(a) n.2 of our rules, 47 C.F.R.
    § 25.202(a), n. 2, and footnote NG104 of our rules, 47 C.F.R. §
    2.106, NG104, to permit domestic service in addition to
    international service in the 11.45-11.7 GHz band IS DISMISSED.

24. IT IS FURTHER ORDERED that the GE Americom Communications, Inc.
    request to include the use of the 11.45-11.7 GHz band in the GE-4
    authorization IS GRANTED to the extent it is limited to
    international service, subject to international and domestic
    coordination, as required.

25. IT IS FURTHER ORDERED that unless extended by the Commission for
    good cause shown, this authorization shall become NULL AND VOID in
    the event the space station is not launched and successfully placed
    into operation in accordance with the technical parameters and terms
    and conditions of its authorization, as modified, by July 31, 2000.

26. IT IS FURTHER ORDERED that the GE American Communications, Inc.
    Request for Special Temporary Authority to test the GE-4 spacecraft
    at 72° W.L., File No. SAT-STA-19990525-00056, as amended July 12,
    1999, IS GRANTED to the extent indicated herein, with the following
    conditions:

> \(a\) GE Americom, Inc. shall coordinate its test operations with all
> potentially affected operating satellite networks;
>
> \(b\) No harmful interference shall be caused to any lawfully
> operating satellite network or radio communication system and GE
> Americom operations shall cease immediately upon notification of
> harmful interference. Further, GE Americom shall notify us in writing
> that it has received such a notification within 14 days of receipt;
>
> \(c\) Testing authority is limited to the bands for which the GE-4
> satellite is authorized;
>
> \(d\) This authorization is subject to change in any of its terms or
> cancellation in its entirety at any time upon reasonable notice, but
> without hearing, if in the opinion of the Commission, circumstances
> require;
>
> \(e\) This temporary authority shall commence on the date GE Americom
> launches GE-4, currently scheduled for November 13, 1999, and
> terminate 90 days from that date.
>
> \(f\) GE Americom shall notify the Commission in writing no later than
> seven days after testing of GE-4 is completed; and
>
> \(g\) This temporary authority is for testing purposes and shall not
> be used for the provision of commercial service.

27. IT IS FURTHER ORDERED that the GE American Communications, Inc.
    Request for Modification, File No. SAT-MOD-19981023-0075, IS
    GRANTED, to the extent indicated herein, and the GE American
    Communications, Inc. Satcom SN-4 satellite is reassigned to the 72°
    W.L. orbit location once GE-4 is launched and operational at 101°
    W.L.

28. IT IS FURTHER ORDERED, with respect to this entire proceeding, that
    GE American Communications, Inc. shall prepare any further
    information required to be submitted to the International
    Telecommunication Union (ITU) to complete the advance publication,
    international coordination, and notification process in accordance
    with the ITU Radio Regulations. We also remind all licensees 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).

29. IT IS FURTHER ORDERED that the assignment of any orbit location to
    GE American Communications, Inc. is subject to change by summary
    order of the Commission on 30 days notice and does not confer any
    permanent right to use the orbit and spectrum.

30. IT IS FURTHER ORDERED that GE American Communications, Inc. is
    obliged to comply with the applicable laws, regulations, rules, and
    licensing procedures in those countries it proposes to serve.

31. GE American Communications, Inc. is afforded thirty days from the
    date of release of this order to decline this authorization. Failure
    to respond within this period will constitute formal acceptance of
    the authorization as conditioned.

32. 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 the release of this order (see 47 C.F.R.
    § 1.4(b)(2)).

FEDERAL COMMUNICATIONS COMMISSION

Thomas S. Tycz

Chief, Satellite and Radiocommunication Division

[^1]: The satellite originally designated as GE-3 was authorized for
    service at the 67° W.L. orbit location in May 1996. *Assignment of
    Orbital Locations to Space Stations in the Domestic Fixed-Satellite
    Service*, 11 FCC Rcd 13788 (1996) (\"*1996 Assignment Order*\"). In
    June 1998 it was reassigned to the 81° W.L. orbit location*. In the
    Matter of Assignment of Orbital Locations to Space Stations in the
    Domestic Fixed-Satellite Service*, 13 FCC Rcd 13863 (1998) (\"*81°
    W.L. Reassignment Order*\"). The satellite was later reassigned to
    72° W.L. in order to facilitate an international coordination
    agreement. *In the Matter of Assignment of Orbital Locations to
    Space Stations in the Domestic Fixed-Satellite Service*, 13 FCC Rcd
    23684 (1998) ("*72° W.L. Reassignment Order*"). GE Americom had
    referred to the spacecraft originally assigned to 67° W.L. as
    "GE-3". It was later renamed "GE-4". This Order will also refer to
    this satellite as GE-4.

[^2]: *1996 Assignment Order*. The opinions for these authorizations
    were released in November 1996. *See GE American Communications,
    Inc.*, 11 FCC Rcd 15030 (Int'l Bur. 1996)*; AT&T Corp.,* 11 FCC Rcd
    15038 (1996); *EchoStar Satellite Corporation,* 11 FCC Rcd 20446
    (1996); *Hughes Communications Galaxy, Inc.,* 11 FCC Rcd 116425
    (1996); *Loral Space & Communications, Ltd.,* 11 FCC Rcd 20441
    (1996); and *Orion Network Systems, Inc.,* 11 FCC Rcd 20434 (1996)
    ("*1996 Domsat Opinions*").

[^3]: The term C-band as used here refers to the 3700-4200/5925-6425 MHz
    frequency bands. The Ku-band referred to in the *1996 Assignment
    Order* concerned the 11.7-12.2/14-14.5 GHz Ku-band. In the United
    States these bands are commonly referred to as the standard Ku-band.
    GE Americom also proposes to operate GE-4 in the 11.45-11.7 GHz and
    13.75-14.0 GHz bands as well. These portions of the Ku-band are
    referred to as the "extended" Ku-bands.

[^4]: GE Americom Petition for Reconsideration (filed December 23,
    1996); GE Americom Reply (filed Jan. 28, 1997).

[^5]: *81° W.L. Reassignment Order.*

[^6]: The CNC is the Argentine Republic\'s regulatory agency for
    communications. The agency is part of Argentina\'s Executive Branch,
    subordinate to its Secretary of Communications.

[^7]: *72° W.L. Reassignment Order.*

[^8]: Application for Modification of GE American Communications, Inc.,
    File No. SAT-MOD-19981023-0076 (filed October 23, 1998) ("GE-4
    Modification Application").

[^9]: *Id.* at Exhibit A. *See also Amendment to the Commission's
    Regulatory Policies Governing Domestic Fixed-Satellites and Separate
    International Satellite Systems*, Report and Order, 11 FCC Rcd 2429
    (1996) ("*DISCO I*"). *DISCO I* removed the distinctions between
    domestic fixed-satellites and international separate system
    satellites. Therefore, international coverage, including South
    American coverage, by a domestic fixed-satellite licensee is now
    routinely available, subject to appropriate coordination. *Id.*, 11
    FCC Rcd at 2430-2434. In particular, coordination with domestic and
    foreign-licensed systems is required, including the requirement that
    U.S-licensed systems coordinate with domestic systems that may want
    to serve international markets, such as South America. In addition,
    International Telecommunication Union ("ITU") coordination is
    necessary.

[^10]: *See also* GE-4 Modification Application, FCC Form 312 at Exhibit
    D.

[^11]: *See* Application for Modification of GE American Communications,
    Inc., File No. SAT-MOD-19981023-0075 (filed October 23, 1998) ("SN-4
    Modification Application").

[^12]: GE Americom acquired Satcom SN-4, formerly known as Spacenet 4,
    when it purchased GTE Spacenet Corporation on October 21, 1994. *See
    Contel Corp., GE American Communications, Inc. and GTE Spacenet
    Corp.*, 9 FCC Rcd 5775 (1994).

[^13]: *See* 47 C.F.R. § 117.

[^14]: *See Ka-Band Satellite Service Licensing Order*, 12 FCC Rcd 22310
    (1997) at ¶ 14.

[^15]: *Big LEO Notice of Proposed Rulemaking,* 9 FCC Rcd 1094 (1994) at
    ¶ 11.

[^16]: *AMSC Subsidiary Corporation,* 13 FCC Rcd 12316 (1998) at ¶ 8.

[^17]: GE-4 Modification Application at 5-6.

[^18]: Reply of PanAmSat Corporation, File No. SAT-MOD-19981023-0076
    (filed Jan. 12, 1999) at 1. PanAmSat is the only party that filed
    comments in the captioned proceedings.

[^19]: Comments of PanAmSat Corporation, File No. SAT-MOD-19981023-0076
    (filed Dec. 16, 1999) at 2.

[^20]: Comments of PanAmSat Corporation, File No. SAT-MOD-19981023-0075,
    at 1. PanAmSat also raised coordination issues with respect to
    Satcom SN-4 and PanAmSat's proposed Galaxy II(H) spacecraft, for
    which PanAmSat requested the 74° W.L. location. *Id.* PanAmSat
    subsequently amended the Galaxy II(H) application to request instead
    an orbit location of 91° W.L. *See* Amendment of PanAmSat
    Corporation*,* File No. SAT-AMD-19990615-00067. Accordingly,
    PanAmSat's concerns about coordination between Satcom SN-4 and
    Galaxy II(H), which PanAmSat has re-named Galaxy XI, have been
    rendered moot.

[^21]: Comments of PanAmSat Corporation, File No. SAT-MOD-19981023-0075
    (filed Dec. 16, 1998) at 1.

[^22]: Response of GE American Communications, Inc., File No.
    SAT-MOD-19981023-0076 (filed Dec. 30, 1998) at 3.

[^23]: GE Americom states that since the SN4 satellite is less powerful
    and less interfering, it did not originally include an analysis of
    interference to adjacent satellites. Nevertheless, it has since
    provided this information. Response of GE American Communications,
    Inc., File No. SAT-MOD-19981023-0075 (filed Dec. 30, 1998) at 1-2.
    *See also* Comments of PanAmSat Corporation, File No. SAT
    MOD-19981023-0075 (filed Dec. 16, 1998) at 1.

[^24]: Response of GE American Communications, Inc., File No.
    SAT-MOD-19981023-0075 (filed Dec. 30, 1998) at 1-2 & Exhibit 1.

[^25]: *See DISCO I*, 11 FCC Rcd at 2430-2432.

[^26]: *Id*. at 2440.

[^27]: *Assignment of Orbital Locations to Space Stations in the
    Domestic Fixed-Satellite Service*, 5 FCC Rcd 179, 181 (1990).

[^28]: Footnote S5.503A further states that: "\...when planning earth
    stations in the fixed-satellite service to be brought into service
    between 1 January 2000 and 1 January 2001, in order to accommodate
    the needs of spaceborne precipitation radars operating in the band
    13.793-13.805 GHz, advantage should be taken of the consultation
    process and the information given in Recommendation ITU-R SA.1071."

[^29]: In particular, Footnote S5.502 to the International Radio
    Regulations places certain restrictions on the minimum equivalent
    isotropically radiated power ("e.i.r.p."), and minimum antenna size
    for earth stations operating in the 13.75-14.0 GHz band. Footnote
    S5.503 places a limit on FSS earth station e.i.r.p. spectral density
    in the 13.772-13.778 GHz band until those geostationary space
    stations in the space research service for which advance publication
    information was received by the ITU prior to January 31, 1992 cease
    to operate in this band.

[^30]: 47 C.F.R. § 2.106 footnote US337 specifically states the
    following: "In the band 13.75-13.80 GHz, earth stations in the
    fixed-satellite service shall be coordinated on a case-by-case basis
    through the frequency assignment subcommittee in order to minimize
    harmful interference to the Tracking and Data Relay Satellite
    System's forward space-to-space link (TDRSS forward link-to-LEO)."

[^31]: *See* Letter from William Hatch, Acting Associate Administrator,
    Office of Spectrum Management, NTIA, to Roderick Porter, Acting
    Chief, International Bureau, FCC (May 11, 1999).

[^32]: See 47 C.F.R. § 2.106. *See also Amendment of Parts 2, 22 and 25
    of the Commission's Rules to Allocate Spectrum for and to Establish
    Other Rules and Policies Pertaining to the Use of Radio Frequencies
    in a Land Mobile Satellite Service for the Provision of Various
    Common Carrier Services,* Memorandum Opinion, Order, and
    Authorization, 4 FCC Rcd 6029 (1989). *See also In the Matter of
    Amendment of Parts 2, 25, and 90 of the Commission's Rules to
    Allocate the 13.75-14.0 GHz Band to the Fixed-Satellite Service*,
    Report and Order, 11 FCC Rcd 11951 (1996)

[^33]: 47 C.F.R. § 25.202(a)(1) at n. 2. Footnote 2 states that "\[u\]se
    of this band by the fixed-satellite service is limited to
    international systems, i.e., other than domestic systems." *Id*.
    Post-*DISCO I* the Commission has continued to limit the use of this
    band to international services, prohibiting use for purely domestic
    services. *See In the Matter of PanAmSat Licensee Corp.*, Order and
    Final Authorization, 13 FCC Rcd 4743 (1997).

[^34]: *See* 47 C.F.R. § 25.202(a) n. 2; *See also* 47 C.F.R. § 2.106,
    NG104.

[^35]: *Id*. at ¶ 70.

[^36]: GE Americom refers to paragraph 74 of *DISCO I*, 11 FCC Rcd at
    2440, but does not support its assertion further. The apparent
    pertinent part of GE Americom's reference states the following:
    "\[W\]e eliminate the outdated regulatory framework that
    distinguished domsats from separate systems and allow all
    U.S.-licensed satellites in the fixed satellite service to provide
    both domestic and international services." *Id*. GE Americom implies
    that this statement supports its request to use the 11.45-11.7 GHz
    bands domestically since the frequencies at issue are available for
    use internationally. We note, however, that the pre-*DISCO I* policy
    prohibiting separate systems from providing domestic service has no
    direct relationship to the policy that prohibits use of the
    11.45-11.7 GHz bands domestically. This policy addresses spectrum
    availability for the terrestrial fixed (wireless) service,
    specifically by limiting the number of FSS earth stations in this
    band. *DISCO II* did not purport to alter this policy.

[^37]: 47 C.F.R. § 2.106, NG 104.

[^38]: *See, e.g., In the Matter of PanAmSat Licensee Corp.*, Order and
    Final Authorization, 13 FCC Rcd 4743 (1997).

[^39]: *See GWARC Inquiry*, 70 FCC 2d 1193, 1252 (1978) (stating that
    "\[i\]t is envisioned that the number of fixed-satellite earth
    stations would be limited to about half a dozen stations, located in
    places far from population centers, so as not to restrict unduly the
    further development of terrestrial service."). *See also Frequency
    Allocations -- Satellite Services*, 26 RR 2d 1257, 1263-65 (1973).
    *See also, e.g,. In the Matter of The Establishment of Policies and
    Service Rules for the Mobile Satellite Service in the 2 GHz Band*,
    Notice of Proposed Rulemaking, 14 FCC Rcd 4843 (1999) (which notes
    that the purpose of footnote NG104 is to avoid ubiquitous deployment
    of FSS earth stations in these bands). *See also, Amendment of Parts
    2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS
    Systems Co-Frequency with GSO Terrestrial Systems in the Ku-band
    Frequency Range*, Notice of Proposed Rulemaking, 14 FCC Rcd 1131
    (1998) (proposing to amend NG104 to permit domestic NGSO FSS systems
    to operate in the10.7-11.7 GHz band).

[^40]: GE-4 Modification Application, FCC Form 312 at Exhibit D.

[^41]: 47 C.F.R. § 1.3.

[^42]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).

[^43]: *Id*.

[^44]: *See In the Matter of Amendment of Parts 2, 25, and 90 of the
    Commission's Rules to Allocate the 13.75-14.0 GHz Band to the
    Fixed-Satellite Service*, Report and Order, 11 FCC Rcd 11951 (1996)
    at ¶ 26.

[^45]: *See Amendment of Parts 2 and 25 of the Commission\'s Rules to
    Permit Operation of NGSO FSS Systems Co-Frequency with GSO and
    Terrestrial Systems in the Ku-Band Frequency Range*, Notice of
    Proposed Rule Making, 14 FCC Rcd 1131 (1999).

[^46]: *See* In the Matter of PanAmSat Licensee Corp., Order and Final
    Authorization, 13 FCC Rcd 4743 (1997).

[^47]: *See* Application for Special Temporary Authority of GE American
    Communications, Inc., filed May 25, 1999, File
    No.SAT-STA-19990525-00056 ("STA Request"). *See also* Letter of
    Karis Hastings to Fern Jarmulnek dated July 12, 1999.