**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| AirTouch Satellite Services US,  | *  | File No. 1367-DSE-P/L-97     |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: June 17, 2002 Released: June 18, 2002**

By the Chief, International Bureau:

# 

**I. Introduction**

1.  In this order we deny a petition by the U.S. GPS Industry Council
    ("USGPS") for reconsideration of an order that granted blanket
    authority to Globalstar USA, Inc. for operation of up to 500,000
    mobile earth stations for use with the GLOBALSTAR Mobile Satellite
    Service system ("*Blanket License Order*").[^1] Mobile terminals
    operating under the blanket license transmit on assigned frequencies
    between 1610 MHz and 1621.35 MHz.

    **II. Background**

2.  Globalstar USA indicated in its license application that the
    e.i.r.p.[^2] spectral density of out-of-band emissions from
    GLOBALSTAR mobile terminals placed in service after January 1, 2002
    would not exceed --70 dBW/MHz anywhere in the 1559-1605 MHz band, a
    band allocated domestically and internationally for aeronautical and
    satellite radionavigation. The applicant also represented that the
    e.i.r.p. spectral density of emissions from GLOBALSTAR mobile
    terminals placed in service *before* January 1, 2002 would not
    exceed --70 dBW/MHz in the 1559-1580.42 MHz band or --64 dBW/MHz in
    the 1580.42-1605 MHz band and that any such terminals kept in
    service after January 1, 2005 would meet the --70 dBW/MHz limit
    throughout the 1559-1605 MHz band. Those specifications were
    consistent with limits that the Commission had proposed to adopt in
    a pending rulemaking proceeding in order to prevent interference
    with aircraft reception of satellite radionavigation signals.[^3]

3.  USGPS argued in a petition to deny, however, that the emission
    limits specified in the application would not suffice to prevent
    interference with reception of GPS satellite radionavigation signals
    by ground-based receivers. USGPS also contended that Globalstar's
    proposed interim limit of --64 dBW/MHz on emissions in frequencies
    above 1580.42 MHz, for terminals placed in service before 2002, was
    inconsistent with a recommendation of the International
    Telecommunication Union ("ITU"), Rec. M.1343.[^4] According to
    USGPS, Rec. M.1343 called for immediate adoption of a --70 dBW/MHz
    limit on emissions everywhere within the 1559-1605 MHz band, not
    just in frequencies below 1580.42 MHz.

4.  The International Bureau overruled those objections in the *Blanket
    License Order*. The Bureau held that USGPS had not shown that
    GLOBALSTAR terminals operating within the limits specified in the
    application would crucially interfere with ground-based GPS
    reception, particularly in a way that would impair public
    safety.[^5] Regarding the alleged inconsistency with the ITU
    standard, the Bureau pointed out that, on the contrary, the
    applicant's proposed interim specifications were in accordance with
    M.1343's recommendation that mobile earth terminals using a signal
    modulation technique of the type used by Globalstar should meet a
    limit of --70 dBW/MHz in frequencies from 1559 MHz to 1580.42
    MHz.[^6] The Bureau accordingly granted the application, subject to
    conditions requiring compliance with the emission limits that the
    application specified. The Bureau stressed, however, that if the
    Commission were to adopt stricter emission limits in the pending
    rulemaking proceeding in Docket No. 97-67 the blanket licensee would
    be obliged to comply with them.[^7]

5.  In its petition for reconsideration, USGPS contends that the Bureau
    erred in granting authority for terminals placed in service before
    2002 to operate temporarily with out-of-band emission levels higher
    than --70 dBW/MHz in frequencies above 1580.42 MHz. USGPS maintains
    that it presented an "irrefutable" showing in Docket No. 99-67 that
    out-of-band emissions from mobile terminals at any e.i.r.p. level
    above --70 dBW/MHz can harmfully interfere with operation of
    non-aeronautical GPS receivers.[^8] According to USGPS, GLOBALSTAR
    mobile terminals producing emissions up to 6 dB stronger than --70
    dBW/MHz in frequencies above 1580.42 MHz, as temporarily permitted
    by the *Blanket License Order*, would have a "devastating impact,"
    because many terrestrial and maritime GPS receivers have a reception
    bandwidth extending from 1565.19 MHz up to 1585.65 MHz.[^9] USGPS
    still maintains, moreover, that the interim limit specified in the
    *Blanket License Order* is inconsistent with ITU Rec. M.1343. USGPS
    therefore argues that the Bureau's acceptance of the interim limit
    could be prejudicial to future U.S. efforts to promote international
    agreement on technical standards for global satellite services. For
    these reasons, USGPS asks us to revise the license terms so as to
    require all GLOBALSTAR mobile terminals, regardless of when placed
    in service, to meet immediately the --70 dBW/MHz limit in all
    frequencies from 1559 MHz to 1605 MHz.

6.  Globalstar USA and an affiliated company, Globalstar L.P., filed
    oppositions to the petition for reconsideration, contending that it
    fails to demonstrate that the *Blanket License Order* was materially
    erroneous or that grant of the application as conditioned disserves
    the public interest.

7.  After the filing of the pleadings at issue here, the Commission
    issued a report and order in Docket No. 99-67, adopting a new rule
    section[^10] that prescribes out-of-band emission limits for mobile
    earth stations, such as Globalstar's, with assigned uplink
    frequencies between 1610 and 1660.5 MHz.[^11] Among other things,
    Section 25.216 requires terminals placed in service after July 21,
    2002 to suppress emissions in the 1559-1605 MHz band to e.i.r.p.
    levels of --70 dBW/MHz or less and requires terminals placed in
    service before that date to suppress emissions to levels of --70
    dBW/MHz or less in frequencies from 1559 to 1587.42 MHz.[^12]

    **III. Discussion**

8.  The Commission's adoption of the new emission rule renders the USGPS
    petition for reconsideration largely moot. By its terms, the blanket
    license for GLOBALSTAR mobile terminals is subject to any applicable
    out-of-band emission restriction adopted in the Docket 99-67
    rulemaking for the purpose of protecting aeronautical
    radionavigation.[^13] The Commission adopted Section 25.216 in that
    proceeding for that purpose.[^14] Hence the blanket license now
    incorporates the applicable out-of-band emission limits in Section
    25.216. As of its effective date,[^15] Section 25.216 prohibits
    further operation of any mobile earth station with assigned uplink
    frequencies between 1610 and 1660.5 MHz placed in service prior to
    July 21, 2002 if the earth station's e.i.r.p. exceeds ‑70 dBW/MHz in
    frequencies between 1559 MHz and 1587.42 MHz. The petitioner's
    request for modification of the GLOBALSTAR blanket license to
    require terminals placed in service before January 1, 2002 to meet
    immediately a limit of --70 dBW/MHz throughout the 1559-1605 MHz
    band is therefore moot insofar as it pertains to emissions in
    frequencies below 1587.42 MHz.

9.  It remains to consider the portion of the petitioner's
    reconsideration request that is *not* moot -- *i.e.*, its request
    that we alter the terms of the GLOBALSTAR blanket license to require
    terminals placed in service before 2002 to meet immediately a limit
    of --70 dBW/MHz in frequencies from 1587.42 MHz to 1605 MHz. USGPS
    has not presented any valid reason for granting such relief. It has
    argued that reconsideration is warranted on two grounds: 1) that
    there is a need to provide immediate protection for GPS reception in
    frequencies from 1565.19 MHz through 1585.65 MHz, and 2) that there
    is a discrepancy between the terms of Globalstar's blanket license
    and ITU Rec. M.1343. The adoption of the new out-of-band emissions
    rule has effectively mooted the contention regarding protection in
    the 1565.19-1585.65 MHz band, as we have already explained. The
    second asserted reason for granting relief is baseless. Contrary to
    the petitioner's assertions, ITU Rec. M.1343 neither says nor
    implies that mobile terminals using the type of signal modulation
    used by the GLOBALSTAR system should be subject to a limit of --70
    dBW/MHz on emissions between 1580.42 MHz and 1605 MHz. Rather, the
    Recommendation simply does not specify a limit for emissions from
    such terminals in that frequency range.[^16] Thus, the assertion
    that the interim limits prescribed in the *Blanket License Order*
    are inconsistent with ITU REC. M.1343 is incorrect.

    **IV. Conclusion**

10. The petition for reconsideration is moot insofar as it pertains to
    emissions in frequencies below 1587.42 MHz and unsupported insofar
    as it pertains to emissions in frequencies above 1587.42 MHz. We
    therefore deny the petition.

    **V. Ordering Clauses**

11. Accordingly, IT IS ORDERED that the Petition for Reconsideration
    filed by the U.S. GPS Industry Council on November 3, 1999 IS
    DENIED.

    FEDERAL COMMUNICATIONS COMMISSION

    Donald Abelson

    Chief, International Bureau

[^1]: *AirTouch Satellite Services US, Inc.* (Order and Authorization),
    DA 99-2010, 14 FCC Rcd 17328 (Int'l Bur. 1999). Licenses for mobile
    terminals used with Big LEO systems, such as the GLOBALSTAR system,
    are issued to service providers, rather than to end users. End users
    operate the mobile terminals under derivative authority from the
    blanket licensees and may not transmit without prior permission from
    the satellite licensee or authorized service provider. *See* 47
    C.F.R. §§ 25.115(d) and 25.136 (2001).

[^2]: "E.i.r.p." is a conventional abbreviation for Equivalent
    Isotropically Radiated Power, which is the product of the power
    supplied to a transmitting antenna and its gain in a given direction
    relative to that of an isotropic antenna. *See* 47 C.F.R. § 2.1
    (2001).

[^3]: *See* *Amendment of Parts 2 and 25 to Implement the Global Mobile
    Personal Communications by Satellite (GMPCS) Memorandum of
    Understanding and Arrangements and Petition of the National
    Telecommunications and Information Administration to Amend Part 25
    of the Commission\'s Rules to Establish Emissions Limits for Mobile
    and Portable Earth Stations Operating in the 1610-1660.5 MHz Band*
    (Notice of Proposed Rulemaking), FCC 99-37, IB Docket No. 99-67, 14
    FCC Rcd 5871 (1999).

[^4]: RECOMMENDATION ITU-R M.1343, *Essential Technical Requirements of
    Mobile Earth Stations for Global Non-Geostationary Mobile-Satellite
    Service Systems in the Bands 1-3 GHz* (1997).

[^5]: *Blanket License Order* at ¶13.

[^6]: *Id.* at ¶16.

[^7]: *Id*. at ¶18.

[^8]: *See* Comments of the U.S. GPS Industry Council in IB Docket No.
    99-67, at 11-17 and Attachment 1 (filed June 21, 1999).

[^9]: Although the "C/A" code sequence typically processed by civilian
    GPS receivers occupies only 2 MHz of spectrum centered on the "L1"
    carrier frequency of 1575.42 MHz, USGPS maintains that many GPS
    receivers in civilian use also process the GPS "Y" code signal,
    which occupies a bandwidth of 20.46 MHz centered on the L1 carrier,
    to achieve greater accuracy.

[^10]: 47 C.F.R. § 25.216.

[^11]: *Amendment of Parts 2 and 25 to Implement the Global Mobile
    Personal Communications by Satellite (GMPCS) Memorandum of
    Understanding and Arrangements and Petition of the National
    Telecommunications and Information Administration to Amend part 25
    of the Commission\'s Rules to Establish Emissions Limits for Mobile
    and Portable Earth Stations Operating in the 1610-1660.5 MHz Band*
    (Report and Order and Further Notice of Proposed Rulemaking), FCC
    02-134, released May 14, 2002 ("*Out-of-Band Emissions Order*").

[^12]: *Id*., Appendix A.

[^13]: *Blanket License Order* at ¶26.

[^14]: *See Out-of-Band Emissions Order* at ¶1.

[^15]: The rule will take effect thirty days after publication of the
    *Out-of-Band Emissions Order* in the Federal Register.

[^16]: The ITU Radiocommunication Assembly explained in a footnote that
    determination of an appropriate limit, or limits, for CDMA terminals
    (such as Globalstar's) in frequencies between 1580.42 MHz and 1610
    MHz is a matter requiring further study. ITU Rec. M.1343, Table 7,
    n.4. The Assembly recommended that the study be carried out
    expeditiously, but to date there is no ITU recommendation for limits
    on emissions from CDMA terminals in the 1580.42-1610 MHz frequency
    range. In the same footnote, the Assembly said that it would not
    recommend a limit *lower* than (*i.e.*, more strict than) --70
    dBW/MHz for emissions from such terminals in that frequency range,
    leaving open the possibility that the recommendation might be more
    lenient.