**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File No.                     |
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| Request for Special Temporary    | ** | SAT-STA-20031010-00313       |
| Authority                        |    |                              |
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| Iridium Constellation, LLC       | *) |                              |
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**ORDER**

**Adopted: December 11, 2003 Released: December 11, 2003**

By the Chief, Satellite Division, International Bureau:

# Introduction

1\. In this Order, we grant Iridium Constellation, LLC (Iridium) special
temporary authority (STA) to operate satellites in the "Big LEO"
mobile-satellite service (MSS) system in the 1620.10-1621.35 MHz
frequency band (Globalstar Channel 9) until May 12, 2004 or until levels
of usage and U.S. Government requirements no longer justify the need for
additional spectrum, whichever occurs first. We also grant a STA for
Iridium's U.S. earth station license. Globalstar LP and Globalstar USA,
LLC (Globalstar) oppose Iridium's request for STA. We find, however,
that these actions will further important public interest requirements
by supporting stated communications needs of U.S. Forces in Iraq and the
Middle East region.

> **II. BACKGROUND**

2\. Iridium holds a license for a Big LEO MSS system that is authorized
to operate both uplink and downlink transmissions in the 1621.35-1626.5
MHz frequency band.[^1] It also holds a license for the U.S. operations
of mobile user terminals that operate in the same band.[^2] Iridium
contracts with the U.S. Department of Defense (DOD) to provide
communications services. Globalstar, another MSS system, is licensed to
operate uplinks in the 1610-1621.35 MHz band. Commencing in April 2003,
the International Bureau, Satellite Division, granted Iridium a series
of STA's and modifications to Iridium's license, to allow Iridium to use
additional spectrum outside of its initial authorization.[^3] These
decisions were made, in large measure, to allow Iridium to support the
stated communications needs of U.S. and Coalition Forces in Iraq and the
Middle East region. Further, there was no evidence that Iridium
operations in the 1620.10-1621.35 MHz frequency band would degrade
Globalstar's MSS operations. In April and May 2003, Iridium was
authorized to expand its operations into the 1618.85-1621.35 MHz
frequency band (Globalstar Channels 8 and 9) to provide communications
services to U.S. Government and Coalition Forces.[^4] In June 2003,
Iridium filed an extension of its STA stating that although the demand
for service in the Middle East region continued at extraordinarily high
levels, demand had subsided somewhat and as a result indicated that it
would cease operations in the 1618.85-1621.10 MHz frequency band
(Channel 8). This request was granted, authorizing Iridium to use
1620.10-1621.35 MHz (Channel 9) only.[^5] In October 2003, the Satellite
Division authorized Iridium to use the 1620.10-1621.35 MHz band for a
four month period to November 14, 2003, or until the levels of usage and
U.S. Government requirements no longer justified the need for additional
spectrum, whichever occurred first.[^6] The Satellite Division also
directed Iridium to file monthly status reports demonstrating its
continued need for the use of the 1620.10-1621.35 MHz frequency
band.[^7] Globalstar objected, asserting that Iridium failed to justify
its need for the additional spectrum, and questioning the Commission's
authority to modify Iridium's license.

3\. On October 10, 2003, Iridium requested a further extension for a
period of 180 days commencing November 15, 2003 to May 12, 2004 to
provide MSS service in the 1620.10-1621.35 MHz band. [^8] In its
request, Iridium states that it continues to experience a high demand
for communications services by Coalition Forces in the Middle East
Region. According to Iridium, traffic levels at peak times exceed the
system capacity as originally authorized.[^9] Iridium states that use of
its system remains higher than levels experienced prior to its first STA
in April 2003, but acknowledges the levels are somewhat lower than the
highest levels experienced to date.[^10] Iridium also states, however,
that it has received no indication from U.S. Government and Coalition
Forces that the use of Iridium's service in the Middle East region will
decrease substantially within the next six months.[^11] In its STA
request, Iridium notes that it will apprise the International Bureau if
the levels of usage no longer necessitate access to Channel 9. Finally,
Iridium asserts that there has been no interference between its system
and Globalstar's system.

4\. The Defense Information Systems Agency (DISA) filed a letter in
support of Iridium's recent STA request.[^12] DISA states that the
temporary allocation of channels to Iridium continues to have a positive
effect on the services Iridium provides to DOD in the Southwest Asia
region (SWA). Prior to Iridium's use of the additional spectrum in April
2003, DISA represents that the "call drop" rate due to satellite
acquisition failure was unacceptable, and that DOD's SWA users were
experiencing "no-call" conditions and overloaded systems as they
conducted operations in Iraq.[^13] Since being authorized to use
additional spectrum, DISA states that Iridium's call success rates have
"remained steady at approximately 96%."[^14] DISA notes that U.S.
military forces continue to have a significant presence in Iraq and the
surrounding region for the support of peace enforcement operations.[^15]
DISA states that use of the Iridium system in September and October is
at a level not sustainable prior to the allocation of the additional
1.25 MHz of spectrum, and that there was an increase in usage in early
November. Thus, DISA projects that the DOD will require the additional
1.25 MHz through the first half of 2004. As a result of acts of sabotage
and terrorism, commercial non-satellite communications in the SWA region
have not stabilized sufficiently for DOD use.[^16] According to DISA,
the continued threat to U.S. Forces has hindered DOD's ability to
install and activate regional communication alternatives to using the
Iridium system.[^17] DISA also indicates that it will continue to
monitor its use of Iridium's system, as well as the use by other key
government entities, and will advise the National Telecommunications and
Information Administration when levels of usage allow Iridium to
relinquish the spectrum without degrading service to U.S. Forces.
Finally, DISA notes that its statement in support of Iridium's STA is
made with the understanding that the temporary allocation will not have
a negative impact on Globalstar's system.[^18]

5\. Globalstar opposed Iridium's STA request.[^19] As with its previous
oppositions, Globalstar's protest is premised on two assertions. First,
Globalstar claims that Iridium has failed to present sufficient facts
demonstrating its alleged capacity constraints and need for additional
spectrum. Second, Globalstar claims that the Communications Act does not
authorize the Commission to grant Iridium's STA request. Globalstar
states that Iridium's call congestion is due to flaws and inefficiencies
in the Iridium system design and operation.[^20] According to
Globalstar's calculations, Iridium's spectrum allocation allows it to
serve over 500,000 subscribers in the continental U.S., which is more
than enough spectrum needed to serve the 20,000 mobile phones used by
the DOD in the Middle East region.[^21] Rather than award Iridium
additional spectrum, Globalstar states that Iridium should be required
to improve its use of spectrum. Further, Globalstar asserts that the
additional allocation of spectrum has not improved Iridium's actual
system performance. Globalstar claims Iridium's data shows no increase
in call capacity on the satellites as a result of increased
spectrum.[^22] Globalstar also states that, contrary to the DISA letter,
there is no correlation between the call acquisition failure rates to
the bandwidth available to Iridium. Contrary to Iridium's assertion,
Globalstar maintains that there are alternative explanations as to why
Iridium may experience capacity constraints unrelated to increased call
traffic, including problems with design and spectrum usage that have not
been adjusted to support Iridium's needs.[^23] Globalstar further
explains that there are other interferors in the Middle East region that
have affected its own system.[^24]

6\. Globalstar also questions information contained in Iridium's status
reports. Globalstar states that Iridium has failed to adequately explain
or support the data contained in the reports. According to Globalstar,
the bar graphs submitted with Iridium's November report demonstrating
system loading and capacity are inconsistent based on the amount of
spectrum accessible to Iridium. Globalstar also claims that the
September and November monthly reports are inconsistent with each other.
These inconsistencies, according to Globalstar, make it impossible for
the Commission to rely on Iridium's data to conclude that Iridium needs
additional spectrum to support service to the Middle East region.[^25]

7\. Second, Globalstar contends that the Communications Act does not
authorize the Commission to grant Iridium's STA request. Specifically,
Globalstar claims that the Commission can not dictate the terms and
conditions of Iridium operations in non-U.S. territories, such as the
Middle East, because MSS systems must obtain specific "landing rights"
from each country for which they wish to provide service.[^26] While
Globalstar states that it agrees that the Commission has the authority
to authorize space stations to operate internationally on certain
frequencies, the Communications Act does not confer on the Commission
the authority to dictate how various foreign countries implement the Big
LEO frequency plan. In support of this argument, Globalstar refers to
the Big LEO Report and Order which states that the "decisions relating
to the implementation of Big LEO service within a country's territory
will remain within that country's jurisdiction and control."[^27] Thus,
Globalstar concludes that while the Commission may authorize the
operation of a satellite to provide international service in a certain
frequency band, it cannot dictate whether service will be provided in a
particular country or on what frequencies the system will be authorized
to operate within a particular country's borders.

8\. Iridium filed an opposition to Globalstar's petition.[^28] Iridium
notes that DISA has again indicated its support for Iridium's continued
access to Channel 9. As a result, Iridium states that a grant of
additional time to use Channel 9 will further the U.S. national interest
and the public interest by ensuring that Coalition Forces continue to
have access to critical communication services.[^29] Iridium also
contests Globalstar's assertions that Iridium has failed to provide data
justifying its need for the additional spectrum. Rather, Iridium states
that it has provided the Commission with data showing that use of the
additional spectrum has alleviated the demands on its system and nearly
eliminated acquisition failures.[^30] Globalstar, Iridium states, has
overlooked or ignored the fact that Iridium's spreading the number of
calls over an increased amount of spectrum has the effect of making the
traffic density appear lower than it really is.[^31] Iridium also
responds that, contrary to Globalstar's assertions, it has been an
efficient and judicious user of the spectrum as evidenced by its
voluntarily discontinuing the use of one of the two 1.25 MHz channels
then authorized in its STA when, in early June, traffic density
decreased.[^32] The use of one channel, however, remains necessary to
meet the level of demand that has remained constant since that
time.[^33]

9\. Iridium also responds that the Commission's authority to regulate
Iridium's operations is well established. Contrary to Globalstar's
claim, the Commission is not, Iridium states, "dictating" to other
countries what types of services will be provided to those countries or
on what frequencies the Iridium system will be authorized to operate on
within other countries borders.[^34]

10\. Globalstar filed a reply to Iridium's opposition.[^35] Globalstar
states that Iridium failed to rebut its analysis concerning Iridium's
need for the addition spectrum.[^36] Globalstar also states that Iridium
did not adequately refute Globalstar's analysis that the Commission
cannot authorize the frequencies Iridium may use for service to the
Middle East region.[^37]

**III. DISCUSSION**

11\. *Information Supporting Iridium's Request*. We find that Iridium
has provided sufficient data demonstrating its continued need for the
additional spectrum to handle the increase in system traffic it has been
experiencing in the Middle East region as a result of U.S. military
operations in that area. If as Globalstar asserts, there are other
factors causing congestion to Iridium's system then these factors may
support Iridium's need for additional spectrum to meet its traffic
requirements. Radio link failures potentially attributable to
interference from military radar and other "interferors" in the region
cannot be avoided and does not diminish Iridium's need for additional
spectrum to provide communications services to our military and
Coalition Forces. Further, although Globalstar questions the efficiency
of Iridium's system, we find that there are pressing national and public
interest concerns warranting a grant of temporary authority to Iridium
to operate in the 1610.21-1621.35 MHz frequency band to provide
communications services to U.S. and Coalition Forces in the Middle East
region.

12\. Nonetheless, we find that Globalstar has not presented sufficient
information demonstrating Iridium's failure to support its request for
temporary authority. Globalstar states that the graph in the November
2003 report titled "Middle East Erlangs/MHz" shows a 22 percent drop in
traffic load from July through September. As a result, Globalstar claims
that the second graph, titled "% Regional Capacity" should also reflect
a 22 percent drop in capacity between the April, and July through
September values.[^38] Our review shows that Globalstar's analysis does
not take into consideration the fact that in April, Iridium was
operating on 7.65 MHz of spectrum (5.15 MHz as originally authorized and
2.5 MHz pursuant to the STA). Further, in July, Iridium was operating on
only 6.4 MHz of spectrum (5.15 MHz as originally authorized and 1.25 MHz
pursuant to the STA). This difference accounts for the capacity depicted
in Iridium's graph of Regional Capacity. Globalstar also questions the
accuracy of Iridium's September status report. In its analysis of the
report, Globalstar uses an unsupported assumption with respect to the
percentage of calls that are allowed to be blocked. Consequently, we
cannot rely on Globalstar's assumption to determine whether its analysis
of Iridium's information is accurate. Rather, we find that data
submitted by Iridium shows that acquisition failures have declined
significantly with the use of the additional spectrum, enabling Iridium
to provide vital communications services with significant success rates
under heavy use.

13\. *Commission's Authority to Grant Iridium STA*. We also find that
Globalstar is incorrect in asserting that the Commission lacks authority
to grant Iridium this temporary authorization. We responded to this
argument in the October Modification Order, in which we distinguished
between the earth station and space station segments of a satellite
authorization and stated that the Administration having jurisdiction
with respect to the earth stations is typically the one in which earth
stations are physically located.[^39] We also noted that various
sections of the Communications Act and International Telecommunication
Union treaty obligations authorize the Commission to grant temporary
authority or to modify Iridium's space station authorization.[^40]
Globalstar, however, asserts that the Communications Act does not
authorize the Commission to mandate what frequencies Iridium uses for
service to the Middle East. As Iridium explained in its initial STA
request, "\[b\]ecause the Iridium system is not currently able to assign
frequencies based on geographic location, Iridium seeks to use the
additional 1.25 MHz of spectrum globally, not only in the Middle East
region."[^41] Consequently, as with Iridium's prior temporary
authorizations, we grant Iridium's request to operate in the
1620.10-1621.35 MHz frequency band on a global basis, not just in the
Middle East region, and to operate on a non-harmful interference basis
with respect to any other allocated radio service in that band outside
of the Middle East region.[^42] Because Globalstar is the only other
system licensed by the Commission to operate in that band, we require
Iridium to operate with Globalstar on a co-equal status with Globalstar
in the Middle East region. We impose this condition after serious
consideration of the national interests at stake and the critical
communications support Iridium provides to U.S. and Coalition Forces. We
also consider that Globalstar has not demonstrated harmful interference
to its system or any significant disruption to its service as a result
of Iridium's operations. We expect both parties to cooperate to resolve
any interference problems that may arise in the Middle East region.
Globalstar has again failed to offer a compelling reason as to why the
temporary grant of additional spectrum to Iridium, in order to provide
vital communication services to U.S. and Coalition Forces, does not
serve the public interest.

14\. Globalstar's references to the Commission's Big LEO Report and
Order, in which the Commission stated that "decisions relating to the
implementation of Big LEO service within a country's territory will
remain within that country's jurisdiction and control" does not alter
our conclusion that we have authority to grant Iridium this temporary
authorization.[^43] The issue Globalstar raises pertains to landing
rights, or earth station authorizations, which we previously
acknowledged typically lies within the jurisdiction of the territory in
which the earth stations are located.[^44] Globalstar also refers to the
Commission's statement in the Big LEO order that it will not "mandate a
band sharing scheme to be followed beyond U.S. borders."[^45] In this
instance however, we are merely specifying frequencies pursuant to which
Iridium may offer services on a temporary basis. In granting Iridium's
request, we are not specifying a "global band plan." Other countries
continue to retain the discretion as to whether to allow services within
their borders in accordance with the frequencies we are authorizing
Iridium to use on a temporary basis.

IV. **CONCLUSION AND ORDERING CLAUSES**

15\. Based on the foregoing, we find that Iridium has presented
extraordinary

circumstances warranting a grant of temporary authorization for
operations in the 1620.10-1621.35 MHz band. We find that this
authorization will serve the public interest by allowing Iridium to
provide essential communications services to support vital U.S.
Government operations in the Middle East region. This action is taken
without prejudice to the Commission's action in the ongoing rulemaking
proceeding in IB Docket No. 02-364, Review of Spectrum Sharing Plan
Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems
in the 1.6/2.4 GHz. Bands.

16\. Accordingly, IT IS ORDERED, that the request for special temporary
authorization filed by Iridium Constellation, LLC, File No.
SAT-STA-20031010-00313 is GRANTED. Iridium is authorized to operate in
the 1620.10-1621.35 MHz frequency band up to May 12, 2004 or until the
use of the additional frequencies is not required, whichever occurs
first.

17\. IT IS FURTHER ORDERED, that the Iridium satellite system shall
operate on a co-equal status with the Globalstar satellite system in the
1620.10-1621.35 MHz band within the Middle East region.

18\. IT IS FURTHER ORDERED, that in areas outside of the Middle East
region the Iridium satellite system must operate in the 1620.10-1621.35
MHz frequency band on a non-harmful interference basis with respect to
any other allocated radio service in that band.

19\. IT IS FURTHER ORDERED, that Iridium must file a report with the
Commission on the first day of each month, commencing January 1, 2004,
demonstrating its continued need and use of the 1620.10-1621.35 MHz
frequency band. This report must include information regarding system
loading and system capacity over the Middle East region, from April 1,
2003 to the date of the report.

20\. IT IS FURTHER ORDERED, that Iridium shall maintain the capability
of suspending operations in the 1620.10-1621.35 MHz band, upon notice
from the Commission, within no more than 24 hours.

21\. This action is taken pursuant to 47 C.F.R. § 0.261; 47 U.S.C. §§
309(f), 316(a) and 47 U.S.C. § 4(i).

> FEDERAL COMMUNICATIONS COMMISSION
>
> Thomas S. Tycz
>
> Chief
>
> Satellite Division

International Bureau

[^1]: *Motorola Satellite Communications, Inc*., 10 FCC Rcd 2268 (1995),
    *corrected* 10 FCC Rcd 3925 (1995), *affirmed in part and modified*,
    11 FCC Rcd 18502 (1996). "Big LEO" refers to low-Earth orbit (LEO)
    mobile satellite services above 1 GHz.

[^2]: *U.S. Leo Services, Inc*., 11 FCC Rcd 20474 (Int. Bur. 1996).

[^3]: *See* File Nos. SAT-STA-20030414 (grant dated April 11, 2003 and
    April 14, 2003); SAT-STA-20030425-00074 (granted on April 25, 2003);
    and SAT-STA-20030502-00077 (granted on May 13, 2003). *See also*
    Letter from William F. Adler, Vice President, Legal and Regulatory
    Affairs, Globalstar, LP, to Thomas S. Tycz, Chief, Satellite
    Division, FCC (May 1, 2003).

[^4]: *Id*.

[^5]: Iridium Constellation LLC and Iridium US LP, Request for Special
    Temporary Authorization, *Order,* DA 03-1949 (June 16, 2003).

[^6]: Modification of Licenses held by Iridium Constellation, LLC and
    Iridium US LP, *Order*, DA 03-2906 (rel. October 7, 2003) (*October
    Modification Order*). On November 14, 2003, the Satellite Division,
    Policy Branch, granted Iridium an additional 30 days, to December
    15, 2003, to operate on Channel 9 pending the Division's decision on
    its pending STA request, File No. SAT-STA-20031113-00327.

[^7]: *October Modification Order,* ¶ 9.

[^8]: Request for Special Temporary Authority for Iridium Constellation
    to Provide MSS Service in the 1620.10-1621.35 MHz frequency band
    (Channel 9) from November 15, 2003 to May 12, 2004, Filed October
    10, 2003 (*Iridium STA*).

[^9]: *Iridium STA*, p. 3.

[^10]: *Id.*

[^11]: *Id*.

[^12]: Letter to Fredrick R. Wentland, Associate Administrator, Office
    of Spectrum Management, National Telecommunications and Information
    Administration, from Carl Wayne Smith, General Counsel, Defense
    Information Systems Agency (November 12, 2003) (*DISA Letter*).

[^13]: *DISA Letter*, p. 2.

[^14]: *DISA Letter,* p. 2.

[^15]: *DISA Letter,* p. 2.

[^16]: *Id*.

[^17]: *Id.*

[^18]: *Id.* pp*.*2-3.

[^19]: Petition to Deny of Globalstar, L.P. and Globalstar USA, L.L.C.,
    Filed November 17, 2003 (*Globalstar Petition*).

[^20]: *Globalstar Petition,* p. 4.

[^21]: *Globalstar Petition,* p. 4.

[^22]: *Id.,* p. 5.

[^23]: *Id*., p. 7.

[^24]: *Globalstar Petition,* p. 8.

[^25]: *Globalstar Petition,* pp.10-11.

[^26]: *Globalstar Petition,* p.13.

[^27]: *GlobalStar Petition* at p.15, citing Amendment to the
    Commission's Rules to Establish Rules and Policies Pertaining to a
    Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz
    Frequency Bands, *Report and Order*, 9 FCC Rcd 5936, 6018 (1994)
    (*Big LEO Report and Order*).

[^28]: Iridium Constellation LLC, Opposition to Petition to Deny, filed
    December 2, 2003 (*Iridium Opposition*).

[^29]: *Iridium Opposition,* p. 4.

[^30]: *Iridium Opposition,* p. 5.

[^31]: *Iridium Opposition,* p. 6.

[^32]: *Iridium Opposition,* p. 6.

[^33]: *Iridium Opposition,* p. 7.

[^34]: *Iridium Opposition*, p.9.

[^35]: Reply of Globalstar L.P. and Globalstar USA LLC, filed December
    9, 2003 (*Globalstar Reply*).

[^36]: *Globalstar Reply*, p. 2.

[^37]: *Globalstar Reply*, p. 4.

[^38]: *Globalstar Petition*, Technical Appendix, p. 1.

[^39]: *October Modification Order,* ¶ 11, citing 47 U.S.C. §§ 151, 152,
    301, and 303(r). The Communications Act gives the Commission the
    authority to regulate "communication by wire and radio so as to make
    available \[a\] ... Nation-wide, and world-wide wire and radio
    communication service with adequate facilities ... for the purpose
    of the national defense \[and\] promoting safety of life and
    property...." *Id*. *See also*, Cable & Wireless, P.L.C. v. FCC, 166
    F.3d 1224, 1230 (D.C. Cir. 1999) (in addressing challenge to an FCC
    order mandating maximum settlement rates that U.S.
    telecommunications carriers may pay to their foreign counterparts,
    the Court noted that "the Commission does not exceed its authority
    simply because a regulatory action has extraterritorial
    consequences").

[^40]: *October Modification Order,* ¶ 12.

[^41]: Iridium Constellation LLC, Request for Special Temporary
    Authority to Provide Mobile Satellite Service in the 1618.85-1620.10
    MHz Frequency Band, filed April 25, 2003.

[^42]: *See* *October Modification Order,* ¶ 16.

[^43]: *Globalstar Petition,* p. 15.

[^44]: *October Modification Order,* ¶11.

[^45]: *Globalstar Petition* at 15-16 citing *Big Leo Order*, 9 FCC Rcd
    at 6019.