**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  | File No. 188-SAT-LOI-97      |
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| **ICO Satellite Services G.P.**  | ** | IBFS Nos.                    |
|                                  |    | SAT-LOI-19970926-00163       |
| Letter of Intent to Provide      | *  |                              |
|                                  | *) | SAT-AMD-20000612-00107       |
| Mobile-Satellite Service in the  | ** |                              |
| 2 GHz Bands                      |    | SAT-AMD-20001103-00155       |
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**ORDER**

**Adopted: June 24, 2003 Released: June 24, 2003**

By the Chief, International Bureau:

1.  By this *Order*, we modify the authorization currently held by ICO
    Satellite Services G.P. (ICO), a non-U.S. licensed space-station
    licensee, to access spectrum in the 2 GHz band to provide
    Mobile-Satellite Service (MSS) in the United States.[^1]
    Specifically, we modify ICO's service-link authorization pursuant to
    an instruction from the Commission in the *AWS Third Report and
    Order*.[^2]

2.  Each entity authorized to provide 2 GHz MSS in the United States,
    including ICO, received authority to use a pair of "Selected
    Assignments" in the 1990-2025 MHz service-uplink band and the
    2165-2200 MHz service-downlink band.[^3] The selection is to be made
    on a first-come, first-served basis; each entity authorized to
    provide 2 GHz MSS in the United States is to choose its Selected
    Assignments from previously-unassigned portions of the service-link
    bands after having launched the first of its satellites and placed
    it into its intended orbit.[^4] On October 15, 2002, ICO chose the
    1990-1993.88 MHz and 2172.76-2176.64 MHz bands as its Selected
    Assignments to serve the United States in the 2 GHz MSS band.[^5]

3.  In the *AWS Third Report and Order*, the Commission reallocated the
    1990-2000 MHz, 2020-2025 MHz, and 2165-2180 MHz bands from MSS to
    terrestrial wireless services, reducing the 2 GHz MSS service-link
    allocations to the 2000-2020 MHz (uplink) and 2180-2200 MHz
    (downlink) bands.[^6] The Commission decided that the remaining 2
    GHz MSS service-link spectrum, 20 megahertz in each direction,
    should be divided equally among those authorized systems found in
    compliance with the first milestone requirement, and delegated
    authority to the International Bureau to modify those authorizations
    accordingly.[^7] In doing so, the Commission acknowledged that ICO's
    Selected Assignment spectrum was no longer available, and stated,
    "\[w\]hen the authorizations are modified, the MSS entities,
    *including ICO*, can follow current procedures for notifying the
    Commission of their Selected Assignments . . . ."[^8] We have
    determined that four authorized 2 GHz MSS systems, including ICO,
    have met the first milestone requirement.[^9] We therefore modify
    ICO's authorization to indicate that it may choose Selected
    Assignments of 5 megahertz bandwidth within the 2000-2020 MHz uplink
    and 2180-2200 MHz downlink bands.[^10]

4.  Accordingly, IT IS ORDERED that paragraph 32 of *Order*, 16 FCC Rcd
    13762 (Int'l Bur./OET 2001) IS MODIFIED to read as follows:

    \* \* \* ICO Satellite Services G.P. IS RESERVED radio-frequency
    spectrum for its twelve-satellite non-geostationary satellite system
    in the 2000-2020/2180-2200 MHz frequency bands in the United States,
    in accordance with the technical specifications set forth in its
    Letter of Intent, as amended, and the terms and conditions set forth
    in the *Order*, 16 FCC Rcd 13762 (Int'l Bur./OET 2001), and
    consistent with our rules, unless specifically waived, and subject
    to the following conditions:

> a\. ICO Satellite Services G.P. may choose a Selected Assignment in
> each of the 2000-2020 MHz and 2180-2200 MHz frequency bands as soon as
> practicable after release of this *Order*;
>
> b\. The Selected Assignment shall give ICO Satellite Services G.P.
> access to 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 5 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.

5.  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.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Donald Abelson
>
> Chief, International Bureau

[^1]: *ICO Services Limited*, Order, DA 01-1635, 16 FCC Rcd 13762 (Int'l
    Bur./OET 2001) (*ICO Order*), *app. for review denied*, FCC 03-12,
    18 FCC Rcd 1405 (2003), *appeal pending*, AT&T Wireless Services,
    Inc. v. FCC, No. 03-1042 (D.C. Cir. filed Feb. 26, 2003); Letter
    from Fern J. Jarmulnek, Deputy Chief, Satellite and
    Radiocommunication Division, International Bureau, FCC to Cheryl A.
    Tritt, Counsel for ICO Satellite Services G.P. (March 21, 2002)
    (granting the *pro forma* assignment of the 2 GHz MSS authorization
    held by ICO Services Limited to ICO Satellite Services G.P.).

[^2]: *Amendment of Part 2 of the Commission's Rules to Allocate
    Spectrum Below 3 GHz for Mobile and Fixed Services to Support the
    Introduction of New Advanced Wireless Services, including Third
    Generation Wireless Systems*, ET Docket No. 00-258, Third Report and
    Order, Third Notice of Proposed Rulemaking and Second Memorandum
    Opinion and Order, FCC 03-16, 18 FCC Rcd 2223 (2003) (*AWS Third
    Report and Order*), *recon. pending*.

[^3]: *See, e.g.*, *ICO Order*, 16 FCC Rcd at 13774-75 ¶ 32.

[^4]: *See, e.g.*, *id.* at 13765-66 ¶¶ 8-9.

[^5]: *See AWS Third Report and Order*, 18 FCC Rcd at 2230 ¶ 12.
    Although each entity authorized to provide 2 GHz MSS in the United
    States received access to spectrum segments of 3.5 megahertz on a
    primary basis, their authorizations preserved the Commission's
    ability to expand the Selected Assignments up to an additional .38
    megahertz each, depending on the outcome of matters then being
    considered in ET Docket No. 00-258. *See, e.g.*, *ICO Order*, 16 FCC
    Rcd at 13765-66 ¶¶ 8-9. Therefore, ICO was able to choose Selected
    Assignments of 3.88 megahertz in each direction.

[^6]: *Id.* at 2238 ¶ 28.

[^7]: *Id.* at 2240 ¶ 33.

[^8]: *Id.* (emphasis added).

[^9]: *See* Public Notice Report No. SAT-00135, DA 03-386, 18 FCC Rcd
    1732 (Sat. Div., Int'l Bur. 2003) (announcing that Celsat America,
    Inc., Iridium LLC, and ICO met the first milestone requirement);
    *The Boeing Company*, Order and Authorization, DA 03-2073 (rel. June
    24, 2003) (holding that Boeing met the first milestone requirement).
    *See also Globalstar, L.P.*, Memorandum Opinion and Order, DA
    03-328, 18 FCC Rcd 1249 (Int'l Bur. 2003), *request for stay and
    emergency app. for review pending* (holding that Globalstar's 2 GHz
    MSS license is null and void for failure to meet the first milestone
    requirement); *Mobile Communications Holdings, Inc. and ICO Global
    Communications (Holdings) Limited, et al.*, Memorandum Opinion and
    Order, DA 03-285, 18 FCC Rcd 1094 (Int'l Bur. 2003), *joint app. for
    review pending* (holding that the 2 GHz MSS licenses issued to
    Mobile Communications Holdings, Inc. and Constellation
    Communications Holdings, Inc. are null and void for failure to meet
    the first milestone requirement); *TMI Communications and Company,
    Limited Partnership*, Memorandum Opinion and Order, DA 03-385, 18
    FCC Rcd 1725 (Int'l Bur. 2003), *request for stay and app. for
    review pending* (holding that the *Order* reserving 2 GHz MSS
    spectrum for TMI is null and void for failure to meet the first
    milestone requirement).

[^10]: This assignment of additional service-link spectrum may be
    subject to adjustment in the event of Commission or Court action
    arising from petitions for reconsideration, applications for review,
    or appeals filed in connection with the cancelled authorizations
    cited in the preceding footnote, or the *AWS Third Report and
    Order*.