# Before the

# Federal Communications Commission

# Washington, D.C. 20554

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| In the Matter of                 | * | File No. 200-SAT-P/LA-95     |
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| VisionStar, Inc.                 | ) |                              |
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| Application for Authority to     | * |                              |
| Construct, Launch, and Operate a |   |                              |
| Ka-band Satellite System in the  | * |                              |
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| Request for Extension of         | * |                              |
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# ORDER

**Adopted:** May 24, 2001 **Released:** May 25, 2001

By the Chief, International Bureau:

# INTRODUCTION

1.  By this Order, we deny VisionStar, Inc.'s ("VisionStar's") request
    to toll the remaining implementation milestones for its licensed
    Ka-band satellite system.[^1] VisionStar's request to delay
    construction completion and launch is not due to circumstances
    beyond its control, nor to any other factor that would justify
    providing it with more time to hold these scarce orbital resources
    to the exclusion of others.

###### BACKGROUND

2.  In May 1997, as part of the first Ka-band processing round, the
    International Bureau authorized VisionStar to launch and operate a
    geostationary-orbit (GSO) satellite to provide fixed--satellite
    service (FSS) in the Ka-band.[^2] VisonStar is authorized to operate
    this satellite at 113° W.L.[^3] In its initial application,
    VisionStar had requested to operate on 1000 megahertz of spectrum
    for its satellite-to-user (downlink) transmissions in the 18 GHz
    frequency range. Consistent with the 18 GHz band arrangement then in
    effect, we authorized VisionStar to operate its service downlinks on
    500 megahertz of spectrum at 19.7-20.2 GHz. We also stated that
    VisionStar could make up the remaining 500 megahertz by operating in
    a portion of the 17.7-18.8 GHz frequency band, subject to
    coordination with terrestrial fixed services also authorized to
    operate in this band. The license contained a condition requiring
    VisionStar to begin construction of its satellite by May 1998,
    complete construction by April 2002, and launch its satellite by
    May 2002. In January 2001, after the Commission issued a revised
    band arrangement for the 18 GHz band, we authorized VisionStar to
    operate on 500 megahertz of downlink spectrum at 18.3-18.8 GHz.[^4]

3.  On May 17, 1999, one year after it was required to begin
    construction, VisionStar requested us to toll the milestone
    deadlines for its satellite. VisionStar contended that it could not
    proceed with construction until it knew what additional downlink
    frequencies would be granted for Ka-band systems.[^5] VisionStar
    argued that it would need to redesign its satellite to comport with
    the Commission's then-pending redesignation of the 17.7-20.2 GHz
    band in the "18 GHz band" redesignation proceeding.[^6] In March
    2000, in response to a request by the Commission, VisionStar filed a
    copy of its satellite construction contract to demonstrate that it
    had met the construction commencement milestone contained in its
    license.[^7]

# DISCUSSION

4.  We deny VisionStar's request for an extension of the remaining
    milestone deadlines. The milestone schedule, included as a condition
    of all space station authorizations, is designed to ensure that
    licensees are moving forward with the construction and launch of
    their systems in a timely manner. Requiring licensees to make and
    fulfill realistic construction and launch commitments prevents
    increasingly scarce orbital resources from being warehoused by
    licensees. Such warehousing could hinder the availability of
    services to the public at the earliest possible date by blocking
    entry by other entities willing and able to proceed immediately with
    the construction and launch of their satellite systems.[^8]
    Accordingly, extensions of the milestone schedule are granted only
    when delay in implementation is due to circumstances beyond the
    control of the licensee.[^9]

5.  VisionStar requests us to extend the construction completion and
    launch milestones associated with its license because of uncertainty
    regarding its downlink frequencies. We will not do so. As
    VisionStar's authorization clearly sets out, the additional 500
    megahertz of downlink spectrum requested would be within the
    17.7-18.8 GHz band. Given this limited range of spectrum, we imposed
    implementation milestones on VisionStar and all other first-round
    Ka-band licensees where the requested spectrum ranges were available
    for assignment. Moreover, the subsequent 18 GHz Redesignation Notice
    proposed to redesignate GSO FSS systems, such as VisionStar's, to
    spectrum within this 17.7-18.8 GHz band.[^10] The Commission
    ultimately redesignated 500 megahertz of spectrum at 18.3-18.8 GHz
    for GSO FSS systems: 280 megahertz for co-primary use by GSO FSS and
    the fixed terrestrial service in the 18.3-18.58 GHz band, and 220
    megahertz to GSO FSS for primary use in the 18.58-18.8 GHz
    band.[^11]

6.  VisionStar does not explain how the choice of 500 megahertz within a
    1100 megahertz bandwith would require it to "redesign" its satellite
    or why it could not "retune" its transponders to operate on the
    designated frequencies. Indeed, other similarly-situated first-round
    licensees began construction of their systems in compliance with
    their milestones.[^12] Moreover, no other licensee has requested
    additional time because of uncertainty regarding 18 GHz downlink
    spectrum. Thus, any delay in VisionStar's implementation of its
    satellite relating to the downlink spectrum issue was and is
    completely within VisionStar's control. Finally, VisionStar accepted
    its conditional license, which included implementation milestones,
    knowing there was uncertainty regarding specific downlink
    frequencies within the 17.7-18.8 GHz range. It did not request an
    extension of time until one year after its first milestone date had
    passed. We therefore deny VisonStar's request for extension of its
    milestones.

# CONCLUSION

7.  Accordingly, upon review, we deny VisionStar's request to toll
    milestone requirements applicable to its license.

# ORDERING CLAUSES

8.  Accordingly, IT IS ORDERED that VisionStar, Inc.'s request to toll
    milestone requirements applicable to its license IS DENIED.

9.  IT IS FURTHER ORDERED that VisionStar, Inc. is subject to all terms
    and conditions in its original *Authorization Order*, 13 FCC Rcd
    1428 (1997), and in the subsequent *VisionStar Downlink Order*, 16
    FCC Rcd 2508 (Int'l Bur. 2001), including the implementation
    milestones.

10. This Order is issued pursuant to Section 0.261 of the Commission's
    rules on delegated 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

> Donald Abelson
>
> Chief, International Bureau

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

[^2]: *See In the Matter of VisionStar, Inc. Application for Authority
    to Construct, Launch, and Operate a Ka‑band Satellite System in the
    Fixed-Satellite Service,* Order and Authorization, 13 FCC Rcd 1428
    (Int'l Bur. 1997) ("*VisionStar* *Authorization Order*"). An
    application for transfer of control of VisionStar to EchoStar
    VisionStar Corporation, filed with the Commission on December 15,
    2000, is currently pending and will be considered in a separate
    proceeding.

[^3]: *VisionStar* *Authorization Order* at 1431, ¶ 9. Specifically,
    VisionStar is authorized to operate at a nominal orbit location of
    113.05° W.L., with a station-keeping tolerance of ±0.05° in the
    East-West and North-South inclinations, thereby increasing the
    separation from a planned Canadian satellite at 111.1° W.L.
    *Assignment of Orbital Locations to Space Stations in the Ka-Band*,
    Order, 13 FCC Rcd 1030, 1032 n.7 (Int'l Bur. 1997).

[^4]: *See In the Matter of VisionStar, Inc. Application for Authority
    to Construct, Launch, and Operate a Ka-band Satellite System in the
    Fixed-Satellite Service,* Order and Authorization, 16 FCC Rcd 2508
    (Int'l Bur. 2001) ("*VisionStar Downlink Order*").

[^5]: *See* Letter from Michael R. Gardner to Cassandra Thomas, Deputy
    Chief, Satellite and Radiocommunication Division, FCC, dated
    December 14, 1999, that references and attaches an earlier letter
    from Shant Hovnanian to Thomas Tycz, Chief, Satellite and
    Radiocommunication Division, FCC, dated May 17, 1999. This earlier
    letter was not filed with the Secretary's office. This letter was
    resubmitted on July 26, 1999 with a cover letter indicating that
    VisionStar was proceeding under the assumption that its request for
    extension had been granted. The latter communication also enclosed a
    letter from Motorola supporting VisionStar's request.

[^6]: The Commission adopted a Report and Order redesignating
    frequencies in the 18 GHz band between satellite and terrestrial
    services in June 2000. *See Redesignation of the 17.7-19.7 GHz
    Frequency Band, Blanket Licensing of Satellite Earth Stations in the
    17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and the Allocation
    of Additional Spectrum in the 17.3‑17.8 GHz and 24.75-25.25 GHz
    Frequency Bands for Broadcast Satellite-Service Use*, IB Docket No.
    98-172, Report and Order, 15 FCC Rcd 13430 (2000) ("*18 GHz Report
    and Order*"), *petition for review pending*, *Teledesic LLC v. FCC*,
    D.C. Cir. No. 00-1466 (filed November 6, 2000).

[^7]: *See* Letter from Michael R. Gardner to Gary Schonman, Assistant
    Chief, Investigations and Hearings Division, Enforcement Bureau,
    FCC, dated Mar 14, 2000, transmitting the satellite construction
    contract between VisionStar and Orbital Sciences Corporation that is
    dated May 26, 1998 and was executed on May 29, 1998.

[^8]: *National Exchange Satellite, Inc*., Memorandum Opinion and Order,
    7 FCC Rcd 1990, 1991 (para. 8) (Com. Car. Bur. 1992) (*Nexsat
    Order*) *citing* MCI Communications Corporation, Memorandum Opinion
    and Order, 2 FCC Rcd 233 (1987) (*MCI Order*).

[^9]: *Nexsat Order*, 7 FCC Rcd at 1991 (para. 8) *citing MCI Order*, 2
    FCC Rcd 233; *Hughes Communications Galaxy*, Order and
    Authorization, 5 FCC Rcd 3423, 3424 (Com. Car. Bur. 1990).

[^10]: *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*, IB Docket No. 98-172, Notice
    of Proposed Rulemaking, IB Docket No. 98-172, 13 FCC Rcd 19223
    (1998).

[^11]: *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*, IB Docket No. 98-172, Report
    and Order, 15 FCC Rcd 13430, 13443, ¶ 28 (2000).

[^12]: *See, e.g.,* *Loral Space & Communication,* Order, DA 01-1287
    (rel. May 25, 2001) at ¶ 4.