**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | IB Docket No. 07-253         |
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| Spectrum and Service Rules for   | ** | Call Sign S2115              |
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| Terrestrial Components in the    | *) |                              |
| 1.6/2.4 GHz                      | ** |                              |
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| Big LEO Bands                    | *  |                              |
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| Globalstar Licensee LLC,         | ** |                              |
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| Authority to Implement an        | *  |                              |
| Ancillary Terrestrial Component  | *) |                              |
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**REPORT AND ORDER AND ORDER PROPOSING MODIFICATION**

**Adopted: April 9, 2008 Released: April 10, 2008**

By the Commission:

# INTRODUCTION

1.  By this action, the Commission increases the amount of spectrum in
    which code division multiple access (CDMA) operators of
    Mobile-Satellite Service (MSS) low-earth orbit satellite systems in
    the 1.6/2.4 GHz bands (the Big LEO bands) may provide ancillary
    terrestrial component (ATC) service.[^1] We increase the spectrum
    available for ATC in the Big LEO L-band from 1610-1615.5 MHz to
    1610-1617.775 MHz, and in the Big LEO S-band from 2487.5-2493 MHz to
    2483.5-2495 MHz. At the same time, we adopt rules to ensure that ATC
    operations will not cause harmful interference to other services in
    these or adjacent bands. To implement this decision, we propose to
    modify the ATC authority of Globalstar, Inc. (Globalstar) pursuant
    to Section 316 of the Communications Act of 1934, as amended.[^2]
    This action will allow greater capacity and flexibility for MSS/ATC,
    and will allow CDMA Big LEO MSS/ATC systems to provide improved
    service to customers, particularly in urban and underserved rural
    areas of the United States.

# BACKGROUND

2.  In November 2007, the Commission adopted a bandplan for the Big LEO
    L-band at 1610-1626.5 MHz that assigned CDMA MSS systems 7.775
    megahertz of L-band spectrum at 1610-1617.775 MHz for uplink
    transmission, time division multiple access (TDMA) MSS systems 7.775
    megahertz of L-band MSS spectrum at 1618.725-1626.5 MHz for
    transmission in both directions, and a small segment of 0.95
    megahertz at 1617.775-1618.725 MHz for sharing between the two
    protocols.[^3] Currently, the Big LEO bands are occupied by one CDMA
    MSS system, Globalstar, and one TDMA MSS system, Iridium Satellite
    LLC (Iridium).[^4] In the Big LEO S-band, CDMA systems are assigned
    the 2483.5-2500 MHz for downlink transmission. CDMA MSS systems
    share the band with industrial, scientific, and medical
    applications, grandfathered broadcast auxiliary service (BAS) and
    private radio services, and in the 2495-2500 MHz band, the fixed and
    mobile (except aeronautical mobile) services, including the portion
    of Broadband Radio Service (BRS) Channel 1 that lies in the
    2496-2500 MHz segment.[^5]

3.  In 2003, the Commission adopted the *ATC Report and Order*,
    permitting MSS licensees to seek authority to implement ATC in MSS
    bands, including the Big LEO bands.[^6] In the Big LEO bands, the
    Commission limited ATC operations to the 1610-1615.5 MHz and
    2492.5-2498 MHz bands for CDMA MSS operators, and 1621.35-1626.5 MHz
    for TDMA MSS operators, and to the specific frequencies authorized
    for use by the MSS licensee that seeks ATC authority.[^7] In 2004,
    the Commission reallocated five megahertz of Big LEO S-band
    spectrum, at 2495-2500 MHz, for sharing between Big LEOs and the
    fixed and mobile (except aeronautical mobile) services, in order to
    accommodate relocation of BRS channel 1 licensees from the 2150-2156
    MHz band to the 2496-2502 MHz band.[^8] To avoid overlap between Big
    LEO ATC and BRS Channel 1 operations, the Commission shifted the 5.5
    megahertz S-band ATC block to 2487.5-2493 MHz.[^9] In 2006, the
    Commission affirmed that spectrum sharing between co-primary fixed
    and mobile (except aeronautical mobile) services and CDMA MSS
    operations in the 2495-2500 MHz band was possible.[^10]

4.  In 2006, the Commission granted the Globalstar CDMA Big LEO MSS
    system authority to operate ATC in 11 megahertz of spectrum at
    1610-1615.5 MHz in the L-band and 2487.5-2493 MHz in the
    S-band.[^11] On June 20, 2006, Globalstar filed a *Petition for
    Expedited Rulemaking* requesting that the Commission authorize
    Globalstar to provide ATC using its entire assigned MSS
    spectrum.[^12] Globalstar's request included shared spectrum with
    Iridium in the L-band and shared spectrum with the fixed and mobile
    (except aeronautical mobile) services, including the BRS, in the
    S-band.[^13]

5.  After receiving oppositions and comments to Globalstar's petition,
    the Commission in November 2007, released the *Globalstar ATC*
    *Notice* in which it sought comment on increasing the amount of
    spectrum in which Globalstar is authorized to operate ATC, to
    include Globalstar's 25.225 megahertz of assigned spectrum, at
    1610-1618.725 MHz in the L-band and 2483.5-2500 MHz in the
    S-band.[^14] At the same time, the Commission tentatively concluded
    that ATC is not feasible in the 0.95 megahertz portion of the L-band
    that Globalstar would share with Iridium at 1617.775-1618.725 MHz,
    because of the likelihood of interference to Iridium's system. We
    also tentatively concluded that ATC is not feasible in the 2495-2500
    MHz segment of the S-band, allocated to the Fixed and Mobile Service
    on a shared, co-primary basis, and licensed to BRS from 2496-2500
    MHz. In addition, we sought comment on a concern raised by BRS
    licensee Sprint Nextel regarding the appropriate upper limit for ATC
    operations to prevent interference to BRS stations in the S-band.
    Finally, we sought comment on the interference implications of
    expanding Globalstar's ATC in the S-band on co-channel BAS Channel
    A10.[^15] We received nine comments and seven reply comments to the
    proposals in the *Globalstar ATC Notice*.[^16]

# discussion

6.  In its comments, Globalstar states that it has entered into an
    MSS/ATC partnership with Open Range Communications, Inc. (Open
    Range), and describes in some detail its ATC concept.[^17] Open
    Range plans to build "an advanced wireless network that will close
    the broadband gap between rural and urban areas of the
    country."[^18] Globalstar states that it intends to offer broadband
    service to rural areas using Globalstar's satellite network and Open
    Range's terrestrial network to provide mobile broadband
    service.[^19] Globalstar's MSS/ATC business concept entails offering
    ubiquitous voice, broadband, and multimedia services; large
    footprint wireless network services; interactive multimedia
    services, including complements to broadcasting satellite and cable
    broadcasting services; and an Internet Protocol (IP) overlay network
    for voice services.[^20] Globalstar further contends that deployment
    of ATC in urban areas will enable it to overcome structure blockage,
    and that transportable base stations, combined with Globalstar's
    satellite network, will enable it to provide communications when
    terrestrial-only communications services are disabled or
    overloaded.[^21] Globalstar also states its intention to provide
    expanded service to military and civilian customers in the Middle
    East and Southwest Asia using its MSS/ATC network.[^22]

7.  Open Range comments that Globalstar's license is nationwide and
    would allow services to be provided to rural areas scattered
    throughout the United States.[^23] Open Range comments that it plans
    to deploy the Globalstar ATC network in rural communities using the
    ATC component to connect mobile terminals to the network via ATC
    base stations, and using the MSS portion of Globalstar's network to
    connect mobile terminals to the network when the mobile terminals
    are outside the coverage areas of ATC base stations.[^24] Open Range
    states that it expects that the Globalstar ATC network will use
    WiMAX technology,[^25] and states that this will require access to
    the entire 11.5 megahertz of spectrum in the S-band that is not
    shared with the fixed and mobile (except aeronautical mobile)
    services, including BRS, in order to deploy three WiMAX channels of
    3.5 megahertz each.[^26]

8.  Globalstar contends that the Commission limited the spectrum
    available for ATC because of ongoing proceedings that had the
    potential to change the allocations in the Big LEO bands, including
    the *Big LEO Spectrum Sharing* proceeding and the *BRS/EBS
    Allocation* proceeding.[^27] Globalstar notes that these proceedings
    have been concluded, and states that there is no further
    justification for denying Globalstar access to its full unshared
    spectrum for ATC operations.[^28] Further, Globalstar asserts that
    it is the only MSS provider that does not have access to its full
    MSS spectrum for ATC, and that such disparate treatment is
    unjustified.[^29]

9.  Commenting parties generally do not oppose an expansion of ATC
    authority in all portions of the Big LEO bands, though several
    parties object to expansion of such ATC authority in the 2493-2495
    MHz segment of the Big LEO S-band.[^30] In opposing the expansion of
    ATC authority into the 2493-2495 MHz segment, however, CTIA --The
    Wireless Association (CTIA) raises objections that are applicable to
    any expansion of Big LEO ATC spectrum. CTIA states that Globalstar
    has not established a need for additional spectrum to provide
    wireless broadband via ATC.[^31] Further, CTIA points out that
    implementation of Globalstar's planned ATC would require more than
    simply an expansion of Globalstar's authorized ATC spectrum.
    Specifically, CTIA notes that our ATC rules for the CDMA Big LEO
    bands were promulgated for CDMA technology.[^32] CTIA acknowledges
    that our rules allow the use of technologies other than CDMA to
    deliver ATC services, but notes that our rules require Globalstar to
    make an affirmative showing that another technology, such as WiMAX,
    will cause no more interference than CDMA.[^33] Thus, CTIA asserts
    that we would have to begin a new rulemaking proceeding to examine
    the technical feasibility of any modifications to Globalstar's ATC
    authority.[^34] CTIA claims that Commercial Mobile Radio Service
    (CMRS) licensees are already deploying and improving broadband
    wireless services in rural areas, using spectrum licensed for
    terrestrial services, and that Globalstar's entry into the rural
    broadband wireless market is not necessary to bring these services
    to rural areas. CTIA concludes that Globalstar entered into a
    business arrangement that would require changes in its ATC
    authority, and is now asking the Commission to endorse its business
    deal *post hoc* by changing Globalstar's ATC authority. CTIA asserts
    that we "should not reward Globalstar's attempts to 'game the
    system' by validating its improper and premature private business
    arrangement through Commission regulation."[^35] For these reasons,
    CTIA recommends that we should not consider an expansion of
    Globalstar's ATC spectrum.[^36]

10. We disagree with CTIA's arguments. Based on the record, we find that
    it is in the public interest to make more spectrum available for ATC
    operations in the Big LEO bands to the extent it is technically
    feasible. In the *ATC Report and Order*, the Commission found that
    the integration of an ATC into authorized and existing MSS systems
    would provide several benefits. ATC would allow more intensive and
    efficient reuse of MSS spectrum.[^37] By filling gaps in MSS
    coverage, ATC would allow MSS customers in unserved or underserved
    areas to use ATC-enabled MSS communications systems when inside
    buildings or traveling in urban areas.[^38] ATC would allow MSS
    licensees to introduce new services, "including ubiquitous digital
    telecommunications and broadband services, interoperable nationwide
    public-safety systems, and other services that take advantage of the
    unique coverage and capacity characteristics of ATC-enabled
    MSS."[^39] ATC could also enhance competition in several
    telecommunications market segments, "including the maritime,
    aeronautical, commercial-transportation and public-safety markets
    that rely on MSS for service to more remote and underserved
    locations."[^40] The improvement of MSS coverage in urban areas
    would increase the potential market for MSS, which in turn could
    lead to economies of scale in production of mobile terminals,
    reducing the cost of terminals to consumers.[^41] And an integrated
    MSS/ATC system would be able to provide customers with service via a
    single number, eliminating the frustrating and time-consuming
    process of using MSS and CMRS separately, as well as associated
    difficulties in arranging roaming agreements with CMRS
    providers.[^42] We find all of these benefits provide sound reasons
    for allowing ATC operations on additional spectrum in the Big LEO
    bands.

11. Allocations and assignments in the Big LEO bands generally are
    sufficiently advanced that we now have additional certainty as to
    what services and licensees will operate in or share the Big LEO
    bands to consider expanding the spectrum available for ATC
    operations. In the *ATC Report and Order*, the Commission limited
    Big LEO MSS licensees to no more than 5.5 megahertz of ATC spectrum
    in each of the uplink and downlink directions in order to avoid the
    possibility of prejudicing reallocation and reassignment decisions
    it was considering in the *BRS/EBS Allocation* proceeding and the
    *Big LEO Spectrum Sharing* proceeding.[^43] Because those
    proceedings have now largely been resolved, we are in a better
    position to evaluate the technical feasibility of making more
    spectrum for ATC available to CDMA Big LEO MSS licensees in the Big
    LEO L- and S-bands. Given adequate technical safeguards for
    co-channel and adjacent band services, we see no reason to deny
    Globalstar the opportunity to use its assigned spectrum more
    efficiently.

12. In so doing, we do not address Globalstar's ATC business plans. In
    the *Globalstar ATC Notice*, the Commission raised two questions.
    The first was whether and to what extent we should make more
    spectrum available for ATC in the Big LEO bands.[^44] The second was
    what measures we should adopt to protect other services in the same
    and adjacent bands from harmful interference from ATC, should we
    decide to expand ATC spectrum in the Big LEO bands.[^45] Those two
    questions both define and limit the scope of this proceeding.
    Whether Globalstar's business concept is permitted by the
    Commission's rules, in the public interest, or technically feasible
    is beyond the scope of these questions, and is unnecessary to
    address the issues before us. Accordingly, our decision is limited
    to the two questions raised in the *Globalstar ATC Notice* pursuant
    to the Commission's current rules.

## The L-band.

13. Based on the record, we will increase the L-band spectrum that a Big
    LEO CDMA MSS operator may use for ATC by 2.275 megahertz, from
    1610-1615.5 MHz to 1610-1617.775 MHz. In the *Globalstar ATC
    Notice*, the Commission sought comment on whether it should increase
    the L-band spectrum in which Globalstar is authorized to provide
    ATC, stating that such an increase would allow Globalstar to offer a
    higher-capacity ATC than would be possible with its currently
    authorized 5.5 megahertz of L-band ATC spectrum.[^46] At the same
    time, the Commission tentatively concluded that the risk of harmful
    interference to TDMA Big LEO MSS systems "could render Globalstar
    ATC infeasible in the shared spectrum at 1617.775-1618.725
    MHz."[^47]

14. In its comments in response to the *Notice*, Globalstar has
    addressed only the portion of the L-band it does not share with the
    TDMA MSS licensee. Globalstar maintains that the public interest
    requires us to allow it to provide ATC "in all portions of its
    unshared spectrum assignments between 1610-1617.775 MHz"[^48]
    Globalstar also asserts that, due to the resolution of spectrum
    sharing issues in the *Spectrum Sharing Reconsideration Order*
    portion of the *Globalstar ATC Notice*, "there remains no
    justification for retaining the limitation in the ATC rules that
    prevents Globalstar from deploying ATC in its full unshared L-band
    spectrum assignment from 1610-1617.775 MHz."[^49] Globalstar also
    contends that its deployment of ATC in its unshared L-band spectrum
    will not cause harmful interference to Iridium's MSS
    operations.[^50]

15. Main Street Broadband, LLC (MSB) supports Globalstar's position,
    stating that expansion of Globalstar's ATC authorization will
    facilitate the provision of wireless broadband access in rural
    areas.[^51] Open Range also supports increasing Globalstar's
    authorization to include all non-shared spectrum in the L-band.[^52]

16. Iridium is the only commenter that shares spectrum with Globalstar
    in the L-band. Iridium agrees with the Commission's tentative
    conclusion that allowing Globalstar to operate ATC in the shared
    L-band spectrum at 1617.775-1618.725 MHz would result in a high
    likelihood of harmful interference to Iridium's MSS operations.[^53]
    Iridium therefore requests that we adhere to the tentative
    conclusion in the *Globalstar ATC Notice* and deny Globalstar
    authority to operate ATC in the shared L-band spectrum at
    1617.775-1618.725 MHz.[^54] Iridium does not address whether we
    should expand Globalstar's authority to operate ATC in the remainder
    of the L-band, but does raise three concerns relative to Globalstar
    ATC. Iridium requests that it reserve the right to comment on any
    application for modification of ATC authority Globalstar may
    file,[^55] insists that the 1621.35-1626.5 MHz band must remain open
    for ATC operations,[^56] and contends that Globalstar must protect
    Iridium from interference from Globalstar's ATC mobile
    terminals.[^57]

17. First, Iridium notes that Globalstar and its partners state their
    intention to offer broadband service in Globalstar's ATC spectrum
    using WiMAX technology.[^58] Iridium accurately points out that the
    Commission's rules do not currently authorize use of any air
    interface protocol other than CDMA for ATC operations in the CDMA
    Big LEO L-band.[^59] Iridium stresses that in order to use WiMAX
    technology in its ATC, Globalstar will need to apply for and receive
    a modification of its ATC authority. Iridium states that it
    "reserves the right to provide engineering comments on the
    interference effects of any proposed shift to WiMAX on Iridium when
    Globalstar files its application to modify its ATC
    authorization."[^60] We agree that Iridium will be provided with the
    opportunity to comment on any modification to Globalstar's ATC
    authority beyond the limited modification we authorize here. In
    addition to the limitation of Globalstar's ATC authority pointed out
    by Iridium, we note that Globalstar is constrained by a rule that
    requires ATC to be implemented in the forward-band mode.[^61] The
    WiMAX technology to which Globalstar and Open Range refer in their
    comments is a time-division duplex (TDD) mode, and is therefore not
    forward-band, but rather a combination of forward- and reverse-band
    operation. For Globalstar to use TDD WiMAX in its ATC, the
    Commission would need to change its current ATC rules through
    another rulemaking proceeding or modify Globalstar's ATC authority
    by waiving the relevant rule.[^62] In either event, the Commission
    will publish a public notice to which interested parties may
    respond.[^63]

18. Second, Iridium notes that Globalstar proposed in its comments that
    our current rule authorizing ATC in the 1610-1615.5 MHz,
    1621.35-1626.5 MHz, and 2487.5-2493 MHz bands should be modified to
    limit ATC in the 1610-1626.5 MHz band to the 1610-1617.775 MHz band.
    Iridium contends that Globalstar is proposing, in effect, to
    eliminate the possibility that Iridium could seek ATC
    authority.[^64] Iridium states that there is neither discussion of,
    nor a basis for, such a change, and further recommends that its
    exclusive spectrum at 1618.725-1621.35 MHz be added to our rules as
    a band in which ATC may be authorized.[^65] We decline to take
    either action. We have not sought comment on an elimination or
    expansion of the spectrum in which Iridium may apply for ATC
    authorization, and there is insufficient discussion in the record to
    justify either action. We will not amend our rules to eliminate the
    spectrum at 1621.35-1626.5 MHz from eligibility for ATC authority,
    nor will we increase that ATC allotment in the Big LEO TDMA band
    without a formal request from Iridium (similar to Globalstar's
    *Petition for Expedited Rulemaking*) and a more thorough discussion
    of the implications of such an expansion.

19. Third, Iridium contends that Globalstar must fully protect Iridium
    from interference caused by out-of-band emissions from Globalstar's
    ATC mobile terminals.[^66] Iridium notes that Globalstar stated in
    its comments that its ATC terminals would use the same emission
    masks as Globalstar's MSS terminals.[^67] Iridium points out that
    the out-of-band emissions limits for MSS terminals[^68] require less
    attenuation of signal than the out-of-channel emissions limits for
    ATC terminals.[^69] Iridium contends that the out-of-channel
    emissions limits for ATC mobile terminals of -57.1 dBW measured over
    a 30 kilohertz bandwidth[^70] are necessary to prevent out-of-band
    emissions interference from Globalstar's ATC mobile terminals, and
    that the less restrictive general out-of-band emissions limits for
    satellite earth stations will not suffice for that purpose. In
    reply, Globalstar declares that it intends to abide by the stricter
    limit.[^71] We agree and conclude that operation of Globalstar's ATC
    mobile terminals will be governed by the emission limits for ATC
    mobile terminals, rather than the less stringent requirements for
    MSS mobile earth terminals.

20. Expanding Globalstar's authority to operate ATC in Globalstar's
    entire unshared L-band assignment at 1610-1617.775 MHz will allow
    Globalstar to offer a more capable, higher-capacity ATC. We have
    been presented with no compelling reason against such an expansion,
    and the party most affected by such an expansion, Iridium, has
    advocated only that we deny Globalstar authority to operate ATC in
    the shared segment of the L-band. We will therefore modify the rules
    to authorize ATC in the 1610-1617.775 MHz portion of the L-band.

## The S-band.

21. Based on the record, we will increase the S-band spectrum in which
    ATC may operate by six megahertz, from 2487.5-2493 MHz to
    2483.5-2495 MHz. In the *Globalstar ATC Notice*, the Commission
    sought comment on whether it should increase the S-band spectrum in
    which Globalstar is authorized to provide ATC.[^72] At the same
    time, the Commission tentatively concluded that it was neither
    feasible nor in the public interest to increase the spectrum in
    which Globalstar could operate an ATC into the portion of the S-band
    which Globalstar shares with the fixed and mobile (except
    aeronautical mobile) services at 2495-2500 MHz, including the
    portion licensed to BRS from 2496-2500 MHz. We also sought comment
    on a concern raised by BRS licensee Sprint Nextel regarding the
    appropriate upper band edge for ATC operations to prevent
    interference to BRS stations in the S-band. Furthermore, we sought
    comment on the interference implications of increasing Globalstar's
    ATC in the S-band on co-channel BAS Channel A10.

22. Globalstar asserts that there is no technical impediment to
    increasing its ATC authority to include the unshared portions of the
    S-band, at 2483.5-2495 MHz.[^73] Globalstar states that it intends
    to design its ATC base stations and mobile terminals to protect both
    BAS and other grandfathered licensees in the S-band.[^74] Globalstar
    does not seek ATC authority in the shared segment at 2495-2500 MHz
    at this time.[^75] Globalstar acknowledges that the onus will be
    upon it to ensure that its ATC operation causes no harmful
    interference in BRS Channel 1 at 2496-2502 MHz. Globalstar asserts
    that it will design its equipment for compatibility with existing
    BRS out-of-band emissions limits, and that the current rules provide
    a process for resolving any interference complaints that may
    arise.[^76] Globalstar also contends that the Commission considered
    the possibility of MSS/ATC interference to BAS when it adopted rules
    for ATC in the S-band, and concluded that ATC would be required to
    protect previously licensed operators from interference.[^77]
    Globalstar points out that the Commission has concluded in four
    separate documents that Globalstar ATC and BAS licensees can resolve
    interference concerns through coordination.[^78]

23. We note that the only portion of the S-band that is in dispute is
    2493-2495 MHz. No commenter has objected to expanding Globalstar's
    S-band ATC authority to cover the entire 2483.5-2493 MHz segment.
    Because no licensee is licensed in the 2483.5-2487.5 MHz segment
    that is not also authorized to use the 2487.5-2493 MHz segment, we
    find that expansion of Globalstar's S-band ATC authority to include
    the 2483.5-2487.5 MHz segment on the same terms and with the same
    limitations as those that currently pertain to the 2487.5-2493 MHz
    segment raises no new issues or requirements.

24. Because Globalstar has limited its request for additional ATC
    spectrum in the S-band to encompass only the 2483.5-2495 MHz
    segment, excluding the 2495-2500 MHz segment,[^79] we do not extend
    Globalstar's S-band ATC authority into the 2495-2500 MHz segment.
    Accordingly, the oppositions of CTIA, Motorola, Inc. (Motorola),
    Sprint Nextel, the WiMAX Forum, and the Wireless Communications
    Association International, Inc. (WCA) to granting Globalstar ATC
    authority in the 2495-2500 MHz band are moot.[^80]

25. Commenters disagree, however, on whether we should expand
    Globalstar's S-band ATC authority to include the 2493-2495 MHz
    segment. Globalstar provides a technical analysis which purports to
    demonstrate that ATC operation in the 2483.5-2495 MHz band, using
    cdma2000 technology, would require a geographical separation of
    approximately ten kilometers from a BRS Channel 1 station using
    WiMAX technology in order to avoid harmful interference to BRS
    Channel 1. For stations with smaller separations, Globalstar
    maintains that techniques such as antenna tilting, sectorization,
    and transmitter filtering could be used to prevent
    interference.[^81] Globalstar also analyzes potential interference
    from its planned ATC system using WiMAX technology to BRS Channel 1.
    This analysis concludes that the potential for interference would be
    similar to the potential for interference from a cdma2000 system,
    requiring a geographical separation of ten kilometers between ATC
    base stations and BRS Channel 1 stations, or use of other
    techniques, such as filtering, to prevent interference to stations
    where separations are less than ten kilometers.[^82] Globalstar also
    concludes that synchronization between ATC base stations and BRS
    Channel 1 stations both using WiMAX technology would virtually
    eliminate the potential for interference.[^83] Globalstar's analysis
    assumes ATC operating in the 2483.5-2495 MHz band and BRS Channel 1
    at 2496-2502 MHz, which provides one megahertz of separation between
    Globalstar's ATC band and BRS Channel 1.

26. MSB concurs with Globalstar that one megahertz of frequency
    separation, at 2495-2496 MHz, is sufficient to protect BRS Channel 1
    from interference.[^84] Open Range agrees that there is no need for
    more than one megahertz of frequency separation between ATC and BRS
    Channel 1, stating that synchronization of WiMAX systems can avoid
    interference, and can be achieved through coordination between
    licensees.[^85] Open Range claims that application of the BRS
    service rules can minimize or eliminate the potential for
    interference.[^86] Nortel supports this claim, but points out that a
    "guard band" is necessary when operators use different duplexing
    schemes.[^87]

27. CTIA notes that in 2003 the Commission decided in favor of a
    separation of two megahertz between the spectrum authorized for ATC
    at the time (2492.5-2498 MHz) and the spectrum then allocated to BRS
    (2500-2690 MHz), which Globalstar itself advocated.[^88] CTIA states
    that, in establishing an allocation for the fixed and mobile (except
    aeronautical mobile) services in the 2495-2500 MHz segment to
    support BRS Channel 1 relocation, the Commission shifted the
    Globalstar ATC authorization to 2487.5-2493 MHz, providing "even
    greater frequency separation (*i.e.*, 2 megahertz plus 1 megahertz
    guard band from 2495-2496 MHz) to protect BRS."[^89] CTIA also
    contends that ATC is not entitled to coordination rights with BRS
    licensees, and that any such coordination would be an unjustified
    financial burden on BRS.[^90] CTIA recommends maintaining this
    separation of three megahertz to prevent interference between ATC
    and BRS Channel 1, and to provide certainty in the BRS Channel 1
    relocation process.[^91] The WiMAX Forum concurs with CTIA, and
    asserts that Globalstar has not presented a compelling reason to
    reduce what the WiMAX Forum calls the three megahertz "guard band"
    between ATC and BRS Channel 1.[^92] The WiMAX Forum states that our
    rules protecting BRS Channel 1 from harmful interference from ATC
    are important for curing harmful interference after it occurs, but
    that the rules do not prevent interference in the first place, and
    that such interference would cause harm to consumers and BRS Channel
    1 licensees until remedial measures were taken. To minimize the
    possibility of such interference and harm to consumers and licensees
    from occurring, the WiMAX Forum urges us to maintain a frequency
    separation of three megahertz between ATC and BRS Channel 1.[^93]

28. Sprint Nextel likewise argues that we should maintain a
    three-megahertz separation between ATC and BRS Channel 1 for three
    reasons. First, Sprint Nextel claims that the Commission adopted and
    later affirmed the need for frequency separation between ATC and BRS
    Channel 1 by establishing 2498 MHz as the upper boundary of ATC
    spectrum in 2003,[^94] by shifting the upper boundary of ATC
    spectrum to 2493 MHz when it allocated the 2495-2500 MHz segment for
    sharing between MSS and the fixed and mobile (except aeronautical
    mobile) services, including BRS, in 2004,[^95] and by noting in 2006
    that it had adopted the three-megahertz separation to ensure
    adequate separation between ATC and BRS Channel 1 to prevent harmful
    interference.[^96] Second, Sprint Nextel asserts that Globalstar has
    stated that two megahertz of separation between ATC and BRS Channel
    1 is necessary to prevent harmful interference, and that technology
    has not changed since Globalstar made that statement.[^97] Third,
    Sprint Nextel states that BRS licensees use three-megahertz
    frequency separations between incompatible operations within their
    assigned spectrum.[^98] Sprint Nextel also asserts that equipment
    manufacturers have stated that a three-megahertz separation is
    necessary to avoid harmful interference between ATC and BRS Channel
    1.[^99] WCA supports the arguments of the WiMAX Forum and Sprint
    Nextel, and concludes that three megahertz of separation between ATC
    and BRS Channel 1 is necessary to prevent interference even with the
    best filtering available.[^100]

29. Sprint Nextel also disputes several of Globalstar's technical
    claims, and contends that Globalstar's analysis provides 74.5 dB
    less protection than what is required for BRS Channel 1 operations
    100 meters from an ATC base station.[^101] Sprint Nextel states that
    avoiding interference requires ATC base stations to be beyond the
    line of sight from BRS Channel 1 stations.[^102] Sprint Nextel also
    reasserts that three megahertz of separation between ATC and BRS
    Channel 1 is necessary even if Globalstar's ATC adheres to the more
    stringent out-of-band emissions limits of BRS.[^103] Further, Sprint
    Nextel claims that, absent a three-megahertz frequency separation,
    ATC base stations would generate blocking interference to any BRS
    Channel 1 base station within line of sight.[^104] Finally, Sprint
    Nextel states that Globalstar's assertion that it will deploy
    BRS-compatible WiMAX technology as its ATC protocol does not resolve
    interference concerns, because there is no certainty that Globalstar
    will be able to receive permission to use WiMAX in its ATC, and
    because BRS Channel 1 operators are under no obligation to use WiMAX
    in their own systems.[^105]

30. We find that, given adequate technical standards to protect BRS
    Channel 1 operations in the 2496-2502 MHz segment, Globalstar's ATC
    should be authorized to operate in the 2493-2495 MHz segment of the
    S-band. This increase in S-band ATC spectrum will allow more
    efficient use of the S-band Big LEO MSS spectrum.[^106] The
    competing technical arguments tendered by ATC proponents and BRS
    proponents illuminate some of the problems that may arise at the
    ATC/BRS Channel 1 interface. Although there may be difficulties in
    deploying ATC in the 2493-2495 MHz segment, we find that, with
    appropriate technical standards to prevent harmful interference to
    BRS Channel 1 from ATC, the 2493-2495 MHz segment can be used for
    ATC services, at least in some areas. We reject the assertion that
    it was the Commission's intention to establish a three megahertz
    "guard band" when it shifted Globalstar's ATC authorization from
    2492.5-2498 MHz to 2487.5-2493 MHz in the *Big LEO Spectrum Sharing
    Order*. The Commission stated there that moving Globalstar's
    authorized ATC spectrum to 2487.5-2493 MHz gave us "even greater
    frequency separation (i.e., 2 megahertz plus 1 megahertz guard band
    from 2495-2496 MHz) to protect BRS..."[^107] The Commission
    specified two megahertz of frequency separation plus a guard band of
    one megahertz, not a guard band of three megahertz. We conclude
    that, with adequate technical rules to protect BRS Channel 1 from
    harmful interference from ATC, there is no need to expand the one
    megahertz guard band at 2495-2496 MHz.

31. It is likely that the technical standards we adopt *infra*, as well
    as Globalstar's choices in designing its ATC system and the choices
    made by BRS licensees in deploying their systems, will have the
    practical effect of rendering it infeasible for Globalstar to use
    the 2493-2495 MHz segment of the S-band for ATC in some geographical
    areas. Careful engineering, cooperation between Globalstar and BRS
    Channel 1 licensees, and improvements in technology, however, may
    allow Globalstar to operate ATC in the 2493-2495 MHz segment in all
    or some parts of the United States, either immediately or in the
    future. For these reasons, we will allow ATC deployment in the
    2493-2495 MHz segment, provided that ATC operations cause no harmful
    interference to BRS Channel 1 operations in the 2496-2502 MHz band.

## Interference prevention in the S-band.

32. To ensure that ATC operations in the S-band do not cause harmful
    interference to BRS Channel 1 operations in the 2496-2502 MHz band,
    we require that Globalstar adhere to the out-of-band emission
    standards applicable to BRS/EBS licensees,[^108] measured from the
    upper edge of Globalstar's ATC authorization at 2495 MHz, as
    described below. We also make clear that none of these limits will
    relieve ATC of its absolute obligation to eliminate any harmful
    interference to BRS that may nevertheless occur, including its
    obligation to reduce the power of operations in its upper channel or
    channels, or cease operations entirely in its upper channel or
    channels, to eliminate harmful interference to BRS Channel 1
    operations. We also reaffirm our rule that the ATC operator must
    resolve any complaints of harmful interference to other authorized
    services in and adjacent to the S-band, including grandfathered BAS
    and private radio operations.[^109]

33. The Commission's rules pertaining to ATC operation in the Big LEO
    MSS band currently impose an out-of-channel emissions limit at the
    edge of the ATC frequency assignment of -44.1 dBW over a 30
    kilohertz resolution bandwidth.[^110] BRS/EBS, however, has stricter
    out-of-band emissions limits.[^111] The ordinary requirement for
    BRS/EBS operations is signal attenuation of 43 + 10 log (P) dB
    measured in either one megahertz or in one percent of the emission
    bandwidth.[^112] Further, in the case of a documented interference
    complaint that cannot be mutually resolved, both licensees of
    existing and new systems must reduce their out-of-band emissions by
    at least 67 + 10 log (P) dB, measured at three megahertz from their
    channels' edges, when the stations are separated by more than 1.5
    km, and by at least 67 + 10 log (P) -- 20 log(D~km~/1.5) dB when the
    stations are separated by less than 1.5 km, or when the stations are
    collocated, limit the undesired signal level at the affected
    licensee's base station receiver(s) at the collocation site to no
    more than -107 dBm.[^113] When the interference is caused by a new
    or modified BRS/EBS base station to a pre-existing base station,
    when the interference complaint cannot be mutually resolved, the new
    or modified station must take these measures within 24 hours of
    receipt of the documented interference complaint, and the
    pre-existing base station must take these measures within 60 days of
    making the complaint.[^114] In the *Globalstar ATC Notice*, the
    Commission inquired whether we should impose the stricter BRS/EBS
    out-of-band emissions limits on ATC at the upper edge of the S-band
    MSS/ATC frequency assignment.

34. Sprint Nextel and WCA state that ATC should be required to adhere to
    the stricter BRS/EBS out-of-band emissions standards in order to
    protect BRS Channel 1 at 2496-2502 MHz.[^115] Globalstar agrees to
    abide by these limits.[^116] Given the unanimity among the
    commenting parties, we will apply the stricter BRS/EBS out-of-band
    emissions limits to the upper edge of Globalstar's ATC assignment,
    at 2495 MHz. This will provide greater protection to BRS Channel 1
    operations at 2496-2502 MHz than BRS Channel 1 receives from the
    adjacent EBS Channel A1 operations at 2502-2507.5.[^117] Where there
    is a documented complaint of interference between a BRS Channel 1
    station and an EBS Channel A1 stations, and the stations cannot come
    to a voluntary accommodation, both stations must attenuate their
    signals. The point at which the signal attenuation is measured is
    three megahertz from the edge of the channel. Thus, in the case of
    BRS Channel 1 and EBS Channel A1, the point at which attenuation is
    measured (three megahertz from the edge of EBS Channel A1) is three
    megahertz into BRS Channel 1 from the edge of EBS Channel A1, or the
    center frequency of BRS Channel 1. In the case of S-band ATC, there
    is a frequency separation of one megahertz between the upper edge of
    the ATC authorization and BRS Channel 1. Therefore, the point at
    which ATC attenuation is measured is only two megahertz into BRS
    Channel 1. Because attenuation continues into BRS Channel 1, the
    attenuation of the ATC signal at the center frequency of BRS Channel
    1 would be greater than the attenuation of an EBS Channel A1 signal
    at the center frequency of BRS Channel 1.

35. We apply these out-of-band emissions limits to ATC at the upper edge
    of the S-band ATC authorization -- *i.e.*, 2495 MHz -- because all
    parties agree that they are reasonable for protecting BRS Channel 1.
    At the same time, our ATC interference rules will remain in full
    force. Our rules impose an absolute obligation on the MSS/ATC
    operator to resolve any harmful interference to other
    services.[^118] Our adoption of out-of-band emissions limits for the
    upper edge of Globalstar's ATC authorization raises no presumption
    that Globalstar's ATC is not causing harmful interference if it
    meets these limits. ATC enjoys no rights *vis-à-vis* other primary
    services in the same or adjacent bands.

36. Thus, we will require ATC to attenuate its signal by at least 43 +
    10 log (P) dB measured in either one megahertz or in one percent of
    the emission bandwidth. Subsequently, if any BRS Channel 1 licensee
    presents a documented complaint of interference, we will require the
    ATC operator to attenuate its signal by at least 67 + 10 log (P) dB,
    measured at three megahertz from their channels' edges, when the
    stations are separated by more than 1.5 km, and by at least 67 + 10
    log (P) -- 20 log(D~km~/1.5) dB when the stations are separated by
    less than 1.5 km, or when the stations are collocated, limit the
    undesired signal level at the affected licensee's base station
    receiver(s) at the collocation site to no more than -107 dBm. When
    the interference is caused by a new or modified ATC station to a
    pre-existing BRS Channel 1 base station, when the interference
    complaint cannot be mutually resolved, the new or modified station
    must take these measures within 24 hours of receipt of the
    documented interference complaint. Finally, if the BRS Channel 1
    licensee continues to experience harmful interference from the ATC
    base station, we will require the ATC operator to take all measures
    necessary, including reducing power or ceasing operations in the
    channel or channels nearest the upper edge of the S-band ATC
    authorization, to eliminate the harmful interference. We expect ATC
    operators to take all measures necessary in designing and operating
    their systems to avoid causing harmful interference to other
    services. [^119] We also note that ATC can significantly reduce the
    risk of harmful interference to BRS Channel 1 operations by siting
    its base stations using physical separation or terrain blocking to
    minimize their impact on BRS Channel 1 operations.

## ATC Operations.

37. CTIA characterizes Globalstar's described plans as an "attempt to
    establish its \[MSS\] operation as a terrestrial service with an
    ancillary satellite component."[^120] It appears that Globalstar
    plans to use its MSS system for access to Open Range's network only
    when no ATC base station is within range of the customer's mobile
    terminal. Given CTIA's concerns, and Globalstar's and Open Range's
    stated plans, we reiterate that there are several technical and
    operational requirements to which Globalstar must adhere to operate
    ATC under the Commission's rules.[^121]

38. The Commission's rules currently permit ATC operation in the Big LEO
    bands only in forward-band mode.[^122] Globalstar's comments clearly
    evince an intention to operate its ATC in a non-forward band
    mode.[^123] As noted above, for Globalstar to use TDD WiMAX in its
    ATC, the Commission would need to change its current ATC rules
    through another rulemaking proceeding or modify Globalstar's ATC
    authority by waiving the relevant rule. Our action in this item and
    our citation of Globalstar's comments in this decision do not
    constitute approval of Globalstar's business or technical plans for
    ATC, nor do they provide any indication of whether the Commission
    will modify or waive its rules to accommodate Globalstar's plans.

# ORDER PROPOSING Modification

39. To implement our revisions to the spectrum in which CDMA Big LEO
    licensees may operate ATC, we propose to modify Globalstar's MSS
    license pursuant to our authority under Section 316 of the
    Communications Act.[^124] In particular, we propose to modify
    Globalstar's license to reflect that Globalstar will have authority
    to operate ATC in the bands 1610-1617.775 MHz and 2483.5-2495 MHz.
    This license modification will serve the public interest by
    providing more capable and flexible MSS/ATC service offerings in the
    Big LEO bands. Copies of this *Report and Order and Order Proposing
    Modification* will be served on Globalstar. Consistent with Section
    316, Globalstar may protest the proposed modification of its license
    within 30 days of publication of this *Report and Order and Order
    Proposing Modification* in the Federal Register. We delegate
    authority to the International Bureau to modify Globalstar's license
    as set forth in this *Order Proposing Modification* in the event no
    new or novel issues are raised in response to this proposal.

# Conclusion

40. The rule amendments we adopt here provide more spectrum for Big LEO
    MSS/ATC while ensuring that such ATC operation does not cause
    harmful interference to other services in the same or adjacent
    spectrum bands. This action will serve the public interest by
    providing more capable and flexible MSS/ATC service offerings in the
    Big LEO bands.

# procedural matters

41. *Final Regulatory Flexibility Certification*. The Regulatory
    Flexibility Act of 1980, as amended (RFA),[^125] requires that a
    regulatory flexibility analysis be prepared for notice-and-comment
    rulemaking proceedings, unless the agency certifies that "the rule
    will not, if promulgated, have a significant economic impact on a
    substantial number of small entities."[^126] The RFA generally
    defines the term "small entity" as having the same meaning as the
    terms "small business," "small organization," and "small
    governmental jurisdiction."[^127] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^128] A "small business concern" is
    one which: (1) is independently owned and operated; (2) is not
    dominant in its field of operation; and (3) satisfies any additional
    criteria established by the U.S. Small Business Administration
    (SBA).[^129]

42. Pursuant to the RFA, the Commission incorporated an Initial
    Regulatory Flexibility Analysis (IRFA) into the *Globalstar ATC
    Notice*.[^130] We received no comments in response to the IRFA. For
    the reasons described below, we now certify that the policies and
    rules adopted in this *Report and Order* will not have a significant
    economic impact on a substantial number of small entities.

43. In this *Report and Order*, we expand the spectrum in which Big LEO
    Mobile-Satellite Service (MSS) operators may provide ancillary
    terrestrial component (ATC) service in the L-band and the S-band.
    Previously, ATC was only authorized to operate in the 1610-1615.5
    MHz portion of the L-band, and the 2487.5-2493 portion of the
    S-band. As a result of this *Report and Order*, ATC will be
    authorized in the 1610-1617.775 MHz portion of the L-band and in the
    2483.5-2495 MHz portion of the S-band. We find that our actions will
    not affect a substantial number of small entities because only one
    MSS operator will be affected. We find that this licensee is not a
    small business. Small businesses often do not have the financial
    ability to become MSS system operators due to high implementation
    costs associated with launching and operating satellite systems and
    services. Therefore, we certify that the requirements of this
    *Report and Order* will not have a significant economic impact on a
    substantial number of small entities. The Commission will send a
    copy of the *Report and Order*, including a copy of this Final
    Regulatory Flexibility Certification, in a report to Congress
    pursuant to the Congressional Review Act, *see* 5 U.S.C.
    § 801(a)(1)(A). In addition, this *Report and Order* and this Final
    Regulatory Flexibility Certification will be sent to the Chief
    Counsel for Advocacy of the Small Business Administration, and will
    be published in the Federal Register. *See* 5 U.S.C. § 605(b).

44. *Paperwork Reduction Act of 1995 Analysis:* This *Report and Order*
    does not contain proposed information collection requirements
    subject to the Paperwork Reduction Act of 1995, Public Law 104-13.  
    In addition, therefore, it does not contain any proposed information
    collection burden "for small business concerns with fewer than 25
    employees," pursuant to the Small Business Paperwork Relief Act of
    2002, Public Law 107-198, *see* 44 U.S.C. 3506(c)(4).

45. *Availability of Documents*. Comments, reply comments, and *ex
    parte* submissions in this proceeding are available for public
    inspection during regular business hours in the FCC Reference
    Center, Federal Communications Commission, 445 12^th^ Street, S.W.,
    CY-A257, Washington, D.C., 20554. These documents are also available
    via ECFS. Documents are available electronically in ASCII, Word 97,
    and/or Adobe Acrobat.

46. *Accessibility Information*. To request information in accessible
    formats (computer diskettes, large print, audio recording, and
    Braille), send an e-mail to <fcc504@fcc.gov> or call the FCC's
    Consumer and Governmental Affairs Bureau at (202) 418-0530
    (voice), (202) 418-0432 (TTY). This document can also be downloaded
    in Word and Portable Document Format (PDF) at:
    [http://www.fcc.gov](http://www.fcc.gov/).

# ORDERING CLAUSES

47. IT IS ORDERED that, pursuant to Sections 4(i), 7, 302, 303(c),
    303(e), 303(f) and 303(r) of the Communications Act of 1934, as
    amended, [47 U.S.C. Sections
    154(i)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw),
    [157](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS157&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw),
    [302](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS302&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw),
    [303(c)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw),
    [303(e)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw),
    [303(f)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw)
    and
    [303(r)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&RS=WLW4.10&VR=2.0&FN=_top&SV=Split&MT=Westlaw),
    this *Report and Order* IS ADOPTED. Part 25 of the Commission's
    Rules IS AMENDED, as specified in Appendix A, effective 30 days
    after publication in the Federal Register.

48. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this *Report and Order and Order Proposing
    Modification*, including the Final Regulatory Flexibility
    Certification, to the Chief Counsel for Advocacy of the Small
    Business Administration.

49. WE HEREBY PROPOSE, pursuant to Section 316 of the Communications
    Act, 47 U.S.C. § 316, that the space station license of Globalstar
    Licensee LLC (Call Sign S2115) BE MODIFIED to specify that ATC
    operations may be conducted in the 1610-1617.775 MHz and 2483.5-2495
    MHz bands.

50. IT IS FURTHER ORDERED that, pursuant to section 1.87(a) of the
    Commission's rules, 47 C.F.R. § 1.87(a), Globalstar Licensee LLC may
    file, no later than thirty (30) days from the date of Federal
    Register publication of this *Report and Order and Order Proposing
    Modification*, a written statement showing with particularity why
    its license should not be modified as proposed in this Order
    Proposing Modification.

51. If the licensee raises a substantial and material question of fact,
    a hearing may be required to resolve such question of fact pursuant
    to section 1.87 of the Commission's rules.[^131] Upon review of the
    statements and/or additional information furnished, the Commission
    may modify the subject license as proposed herein, deny the
    modification, or set the matter of modification for hearing. If no
    written statements are filed by thirty (30) days from the Federal
    Register publication of this *Report and Order and Order Proposing
    Modification*, the licensee will be deemed to have consented to a
    modification as proposed in this Order Proposing Modification, and a
    final order will be issued.

52. IT IS FURTHER ORDERED that a copy of this *Report and Order and
    Order Proposing Modification* SHALL BE SENT BY CERTIFIED MAIL,
    RETURN RECEIPT REQUESTED, to: Mr. Anthony J. Navarra, Globalstar
    Licensee LLC, 461 S. Milpitas Boulevard , Milpitas CA 95035.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX A**

    **Final Rules**

    For the reasons discussed in the preamble, the Federal
    Communications Commission amends 47 C.F.R. part 25 as follows:

### **1. The authority citation for part 25 continues to read:** {#the-authority-citation-for-part-25-continues-to-read .unnumbered}

Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 301,
302, 303, 307, 309 and 332 of the Communications Act, as amended, 47
U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise
noted.

2\. Revise paragraph (a)(2)(iii) of § 25.149 to read as follows:

[§ 25.149 Application requirements for ancillary terrestrial components
in the mobile-satellite service networks operating in the 1.5/1.6 GHz,
1.6/2.4 GHz and 2 GHz mobile-satellite service.]{.underline}

\(a\) \* \* \*

\(2\) \* \* \*

\(iii\) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO bands),
ATC operations are limited to the 1610-1617.775 MHz, 1621.35-1626.5 MHz,
and 2483.5-2495 MHz bands and to the specific frequencies authorized for
use by the MSS licensee that seeks ATC authority.

3\. Revise paragraph (b)(5)(ii) of § 25.149 to read as follows:

[§ 25.149 Application requirements for ancillary terrestrial components
in the mobile-satellite service networks operating in the 1.5/1.6 GHz,
1.6/2.4 GHz and 2 GHz mobile-satellite service.]{.underline}

\* \* \* \* \*

\(b\) \* \* \*

\(5\) \* \* \*

\(ii\) In the Big LEO bands, MSS ATC is limited to no more than 7.775
MHz of spectrum in the L-band and 11.5 MHz of spectrum in the S-band.
Licensees in these bands may implement ATC only on those channels on
which MSS is authorized, consistent with the Big LEO band-sharing
arrangement.

\* \* \* \* \*

4\. Add paragraph (d) to § 25.254 to read as follows:

[§ 25.254 Special requirements for ancillary terrestrial components
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.]{.underline}

\* \* \* \* \*

\(d\) To avoid interference to an adjacent channel licensee in the
Broadband Radio Service (BRS), the power of any ATC base station
emission above 2495 MHz shall be attenuated below the transmitter power
(P) measured in watts in accordance with the standards below. If these
measures do not resolve a documented interference complaint received
from the adjacent channel BRS licensee, the provisions of Section 25.255
shall apply.

\(1\) For base stations, the attenuation shall be not less than 43 + 10
log (P) dB at the upper edge of the authorized ATC band, unless a
documented interference complaint is received from an adjacent channel
licensee in the BRS. Provided that a documented interference complaint
cannot be mutually resolved between the parties, the following
additional attenuation requirements set forth in subsections (2)-(5)
shall apply:

\(2\) If a pre-existing BRS base station suffers harmful interference
from emissions caused by a new or modified ATC base station located 1.5
km or more away, within 24 hours of the receipt of a documented
interference complaint the ATC licensee must attenuate its emissions by
at least 67 + 10 log (P) dB measured at 3 megahertz above the edge of
the authorized ATC band, and shall immediately notify the complaining
licensee upon implementation of the additional attenuation.

\(3\) If a pre-existing BRS base station suffers harmful interference
from emissions caused by a new or modified ATC base station located less
than 1.5 km away, within 24 hours of the receipt of a documented
interference complaint the ATC licensee must attenuate its emissions by
at least 67 + 10 log (P) -- 20 log(D~km~/1.5) dB measured at 3 megahertz
above the edge of the authorized ATC band, or if both base stations are
co-located, limit its undesired signal level at the pre-existing BRS
base station receiver(s) to no more than -107 dBm measured in a 5.5
megahertz bandwidth and shall immediately notify the complaining
licensee upon such reduction in the undesired signal level.

\(4\) If a new or modified BRS base station suffers harmful interference
from emissions caused by a pre-existing ATC base station located 1.5 km
or more away, within 60 days of receipt of a documented interference
complaint the licensee of the ATC base station must attenuate its base
station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz
above the edge of the authorized ATC band.

\(5\) If a new or modified BRS base station suffers harmful interference
from emissions caused by a pre-existing ATC base station located less
than 1.5 km away, within 60 days of receipt of a documented interference
complaint: (a) the ATC licensee must attenuate its base station
emissions by at least 67 + 10 log (P) -- 20 log(D~km~/1.5) dB measured 3
megahertz above the edge of the authorized ATC band, or (b) if both base
stations are co-located, the ATC licensee must limit its undesired
signal level at the  new or modified BRS base station receiver(s) to no
more than -107 dBm measured in a 5.5 megahertz bandwidth**.**

\(6\) Compliance with these rules is based on the use of measurement
instrumentation employing a resolution bandwidth of 1 MHz or greater.
However, in the 1 MHz bands immediately above and adjacent to the 2495
MHz a resolution bandwidth of at least one percent of the emission
bandwidth of the fundamental emission of the transmitter may be
employed. A narrower resolution bandwidth is permitted in all cases to
improve measurement accuracy, provided the measured power is integrated
over the full required measurement bandwidth (*i.e.*, 1 MHz or 1 percent
of emission bandwidth, as specified). The emission bandwidth is defined
as the width of the signal between two points, one below the carrier
center frequency and one above the carrier center frequency, outside of
which all emissions are attenuated at least 26 dB below the transmitter
power. When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in this section.

**APPENDIX B**

**List of Filers**

**[Comments]{.underline} [Reply Comments]{.underline} [Ex Parte
Filings]{.underline}**

CTIA -- The Wireless Association (CTIA) CTIA Globalstar

Globalstar Inc. (Globalstar) Globalstar Open Range

Iridium Satellite LLC (Iridium) Iridium Sprint Nextel/WCA

Main Street Broadband LLC (MSB) MSB

Motorola Corporation (Motorola) Open Range

Nortel Sprint Nextel

Open Range Communications, Inc. (Open Range) WCA

Sprint Nextel Corporation (Sprint Nextel)

WiMAX Forum

Wireless Communications Association

International, Inc. (WCA)

[^1]: Big LEO MSS systems provide voice and data communication to users
    with handheld mobile terminals via non-geostationary satellites in
    Low Earth Orbit (LEO), *i.e.*, at orbital altitudes below the Van
    Allen Radiation Belt. The term "Big LEO" was coined to distinguish
    such systems, operating in frequency bands above 1 GHz, from the
    so-called "Little LEO" systems that provide data communications via
    non-geostationary satellites in frequency bands below 1 GHz. *See
    Spectrum and Service Rules for Ancillary Terrestrial Components in
    the 1.6/2.4 GHz Big LEO Bands; Review of the Spectrum Sharing Plan
    Among Non-Geostationary Satellite Orbit Mobile Satellite Service
    Systems in the 1.6/2.4 GHz Bands*, IB Docket No. 07-254, IB Docket
    No. 02-364, Second Order on Reconsideration, Second Report and
    Order, and Notice of Proposed Rulemaking, FCC 07-194, 22 FCC Rcd
    19733, 19734, n.2 (2007) (*Globalstar ATC Notice*) (review pending
    in *Globalstar, Inc. v. FCC*, No. 08-1046 (D.C. Cir. filed Feb. 5,
    2008)).

[^2]: *See* 47 U.S.C. § 316.

[^3]: *See Globalstar ATC Notice*, 22 FCC Rcd at 19741-42, ¶¶ 17-20.

[^4]: *See Globalstar ATC Notice*, 22 FCC Rcd at 19735, ¶ 4.

[^5]: *See* 47 C.F.R. § 2.106.

[^6]: *See Flexibility for Delivery of Communications by Mobile
    Satellite Service Providers in the 2 GHz Band, the L-Band, and the
    1.6/2.4 GHz Bands*, IB Docket No. 01-185, Report and Order and
    Notice of Proposed Rulemaking, IB Docket No. 01-185, FCC 03-15, [18
    FCC Rcd 1962, 1964-2087, ¶¶ 1-4,
    6-260](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1016&FindType=Y&SerialNum=2003148235)
    (*ATC Report and Order*). MSS systems can provide communications in
    areas where it is difficult or impossible to provide communications
    coverage via terrestrial systems, such as remote or rural areas and
    non-coastal maritime regions. A disadvantage of MSS is the fact that
    the satellite link is susceptible to blocking by structural
    attenuation, particularly in urban areas and inside buildings. ATC
    allows MSS operators to operate a terrestrial service on the same
    frequencies as their satellite networks to overcome blocking. *See
    Flexibility for Delivery of Communications by Mobile Satellite
    Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz
    Bands*, Memorandum Opinion and Order and Second Order on
    Reconsideration, IB Docket No. 01-185, [FCC 05-30, 20 FCC Rcd 4616,
    4818, ¶¶ 7-8
    (2005)](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=4493&FindType=Y&ReferencePositionType=S&SerialNum=2006274499&ReferencePosition=4818)
    (*ATC MO&O*).

[^7]: *See* [47 C.F.R. §
    25.149(a)](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000547&DocName=47CFRS25.149&FindType=L)(2)(iii).

[^8]:
    > *See* *Review of the Spectrum Sharing Plan Among Non-Geostationary
    > Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4
    > GHz Bands,* Report and Order, Fourth Report and Order and Further
    > Notice of Proposed Rulemaking, IB Docket No. 02-364, 19 FCC Rcd
    > 13356, 13385-86, ¶ 66 (2004) (*Big LEO [Spectrum Sharing
    > Order](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=4493&FindType=Y&ReferencePositionType=S&SerialNum=2004710915&ReferencePosition=13389)*).

[^9]: *See Big LEO [Spectrum Sharing
    Order](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=4493&FindType=Y&ReferencePositionType=S&SerialNum=2004710915&ReferencePosition=13389)*[,
    19 FCC Rcd at 13389, ¶
    75](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=4493&FindType=Y&ReferencePositionType=S&SerialNum=2004710915&ReferencePosition=13389).

[^10]: *See Amendment of Parts 1, 21, 73, 74, and 101 of the
    Commission's Rules to Facilitate the Provision of Fixed and Mobile
    Broadband Access, Educational and Other Advanced Services in the
    2150-2162 and 2500-2690 MHz Bands; Review of the Spectrum Sharing
    Plan Among Non-Geostationary Satellite Orbit Mobile Satellite
    Service Systems in the 1.6/2.4 GHz Bands*, Order on Reconsideration
    and Fifth Memorandum Opinion and Order and Third Memorandum Opinion
    and Order and Second Report and Order, WT Docket No. 03-66, IB
    Docket No. 02-364, 21 FCC Rcd 5606, 5628-29, ¶ 28 (2006) *(Big LEO
    Spectrum Sharing Order on Reconsideration*) (review pending in
    *Sprint Nextel Corporation v. FCC*, No. 06-1278 (D.C. Cir. filed
    Jul. 21, 2006)). The Society of Broadcast Engineers, Inc. (SBE)
    currently has a separate request pending before the Commission to
    relocate and convert Broadcast Auxiliary Service (BAS) Channels
    A8-A10 from the current three analog channels at 2450-2500 MHz to
    three digital channels at 2450-2486 MHz. *See* Society of Broadcast
    Engineers, Inc. Petition for Reconsideration, IB Docket No. 02-364
    (filed May 22, 2006); *see also* Sprint Nextel Corporation and
    Society of Broadcast Engineers, Inc. *Ex Parte*, IB Docket No.
    02-364, ET Docket No. 00-258 (filed June 4, 2007) (supporting SBE's
    petition). We emphasize that our actions here are not intended to
    prejudice or otherwise affect the outcome of our consideration of
    SBE's petition.

[^11]: *See Globalstar LLC Request for authority to implement an
    ancillary terrestrial component for the Globalstar Big LEO Mobile
    Satellite Service (MSS) system (Call Sign ES2115)*, Order and
    Authorization, File No. SAT-MOD-20050301-00054, DA 06-121, 21 FCC
    Rcd 398, 401, ¶ 9 (2006) (*Globalstar ATC Authorization*).

[^12]: *See Consumer and Governmental Affairs Bureau Reference
    Information Center Petition for Rulemakings Filed*, Public Notice,
    Report No. 2785, RM-11339, released July 27, 2006.

[^13]:
    > At the time Globalstar filed its *Petition for Expedited
    > Rulemaking*, the 1618.25-1621.35 MHz portion of the L-band was
    > assigned for sharing between Globalstar and Iridium, and the
    > 2495-2500 MHz portion of the S-band was assigned for sharing
    > between Globalstar and the fixed and mobile (except aeronautical
    > mobile) services. *See* *Big LEO Spectrum Sharing Order*, 19 FCC
    > Rcd 13356, 13357, ¶ 1. The L-band spectrum sharing plan has since
    > changed to the one described *supra*, paragraph 2.

[^14]: *See* *Globalstar ATC Notice*, 22 FCC Rcd at 19745-52, ¶¶ 27-42.

[^15]: *See* *Globalstar ATC Notice*, 22 FCC Rcd at 19749-50, ¶¶ 37-40.

[^16]: For commenters, *see* Appendix B.

[^17]: *See* Globalstar Comments at 5.

[^18]: Open Range Comments at 1.

[^19]: *See* Globalstar Comments at 6-7.

[^20]: *See* Globalstar Comments at 9.

[^21]: *See* Globalstar Comments at 9-10.

[^22]: *See* Globalstar Comments at 11.

[^23]: *See* Open Range Comments at 4-5.

[^24]: *See* Open Range Comments at 4.

[^25]: WiMAX (Worldwide Interoperability for Microwave Access) is a
    broadband wireless access protocol that is based on the Institute of
    Electrical and Electronic Engineers' 802.16 standard.

[^26]: *See* Open Range Comments at 5-6.

[^27]: *See* Globalstar Comments at 13 (citing *ATC Report and Order*,
    18 FCC Rcd at 2057, ¶ 192; *Big LEO Spectrum Sharing Order*, 19 FCC
    Rcd at 13389-90, ¶ 75). *See also* *Amendment of Parts 1, 21, 73, 74
    and 101 of the Commission's Rules to Facilitate the Provision of
    Fixed and Mobile Broadband Access, Educational and Other Advanced
    Services in the 2150-2162 and 2500-2690 MHz Bands*, Report and Order
    and Further Notice of Proposed Rulemaking, WT Docket No. 03-66, 19
    FCC Rcd 14165 (2004) (*BRS/EBS Allocation Report and Order)*.

[^28]: *See* Globalstar Comments at 13-15.

[^29]: *See* Globalstar Comments at 16-17.

[^30]: *See generally* CTIA Comments and Reply, Sprint Nextel
    Corporation (Sprint Nextel) Comments and Reply, the WiMAX Forum
    (WiMAX Forum) Comments, Wireless Communications Association
    International, Inc. (WCA) Comments and Reply.

[^31]: *See* CTIA Reply at 3.

[^32]: *See* CTIA Reply at 3. *See also* 47 C.F.R. § 25.254 (note).

[^33]: *See* CTIA Reply at 3 (citing 47 C.F.R. § 25.254 (note)).

[^34]: *See* CTIA Reply at 3-4.

[^35]: *See* CTIA Reply at 4-5.

[^36]: *See* CTIA Reply at 5.

[^37]: *See ATC Report and Order*, 18 FCC Rcd at 1975, ¶ 23.

[^38]: *See ATC Report and Order*, 18 FCC Rcd at 1975, ¶ 23.

[^39]: *ATC Report and Order*, 18 FCC Rcd at 1975, ¶ 23.

[^40]: *ATC Report and Order*, 18 FCC Rcd at 1975, ¶ 23.

[^41]: *See ATC Report and Order*, 18 FCC Rcd at 1975, ¶ 24.

[^42]: *See ATC Report and Order*, 18 FCC Rcd at 1976, ¶¶ 25-26.

[^43]: *See ATC Report and Order*, 18 FCC Rcd at 2011, ¶ 93.

[^44]: *See Globalstar ATC Notice*, 22 FCC Rcd at 19749, ¶ 37.

[^45]: *See* *Globalstar ATC Notice*, 22 FCC Rcd at 19751, ¶¶ 41-42.

[^46]: *See* *Globalstar ATC Notice*, 22 FCC Rcd at 19749, ¶ 37.

[^47]: *See* *Globalstar ATC Notice*, 22 FCC Rcd at 19749-50, ¶ 38.

[^48]: *See* Globalstar Comments at 2.

[^49]: *See* Globalstar Comments at 14.

[^50]: *See* Globalstar Comments at 19-21.

[^51]: MSB is a company that was created to provide broadband wireless
    access in rural markets. *See* MSB Comments at 2.

[^52]: *See* Open Range Comments at 2.

[^53]: *See* Iridium Comments at 2.

[^54]: *See* Iridium Comments at 5.

[^55]: *See* Iridium Reply at 2.

[^56]: *See* Iridium Reply at 4.

[^57]: *See* Iridium Reply at 4.

[^58]: *See* Iridium Reply at 2.

[^59]: *See* Iridium Reply at 3 (quoting *Globalstar ATC Authorization*,
    21 FCC Rcd at 401, ¶ 10).

[^60]: Iridium Reply at 3.

[^61]: *See* 47 C.F.R. § 25.149(a)(1).

[^62]: *See* 47 C.F.R. §§ 25.149(a)(1), 25.254 (note).

[^63]: *See* 47 C.F.R. §§ 25.151, 25.154.

[^64]: *See* Iridium Reply at 4 (citing Globalstar Comments at Atch 1).

[^65]: *See* Iridium Reply at 4.

[^66]: *See* Iridium Reply at 4.

[^67]: *See* Iridium Reply at 5 (citing Globalstar Comments at 20).

[^68]: *See* 47 C.F.R. § 25.202(f).

[^69]: *See* 47 C.F.R. § 25.254(b)(3).

[^70]: *See* 47 C.F.R. § 25.254(b)(3).

[^71]: *See* Globalstar Reply at 16.

[^72]: *See* *Globalstar ATC Notice*, 22 FCC Rcd at 19749, ¶ 37.

[^73]: *See* Globalstar Comments at 22.

[^74]: *See* Globalstar Comments at 23.

[^75]: *See* Globalstar Comments at 24.

[^76]: *See* Globalstar Comments at 25.

[^77]: *See* Globalstar Comments at 31.

[^78]: *See* Globalstar Comments at 31-32 (citing *ATC Report and
    Order*, 18 FCC Rcd at 2061, ¶ 202; *ATC MO&O*, 20 FCC Rcd at
    2650-51, ¶ 93-94; *Big LEO Spectrum Sharing Order*, 19 FCC Rcd at
    13390, ¶ 75; *Big LEO Spectrum Sharing Order on Reconsideration,* 21
    FCC Rcd at 5630, ¶ 41.

[^79]: *See* Globalstar Comments at 24.

[^80]: *See* CTIA Comments at 3-4; Motorola Comments at 2; Sprint Nextel
    Comments at 4; WiMAX Forum Comments at 2; WCA Comments at 4-5.

[^81]: *See* Globalstar Comments, Technical Appx. at 12-14.

[^82]: *See* Globalstar Comments, Technical Appx. at 15.

[^83]: Synchronization is a technique whereby TDD base stations adjust
    the timing of their transmission and reception frames to ensure that
    no base station is transmitting while another needs to receive.
    *See* Globalstar Comments, Technical Appx. at 16-17.

[^84]: *See* MSB Comments at 3.

[^85]: *See* Open Range Comments at 6.

[^86]: *See* Open Range Comments at 7.

[^87]: *See* Nortel Comments at 2-3.

[^88]: *See* CTIA Comments at 7-8 (citing *ATC Report and Order*, 18 FCC
    Rcd at 2062, ¶ 204).

[^89]: *See* CTIA Comments at 8 (citing *Big LEO Spectrum Sharing
    Order*, 19 FCC Rcd at 13388-89, ¶ 72).

[^90]: *See* CTIA Reply at 5-6.

[^91]: *See* CTIA Comments at 8-9.

[^92]: *See* WiMAX Forum Comments at 3-4.

[^93]: *See* WiMAX Forum Comments at 4-5. *See also* WCA Comments at 7.

[^94]: *See* Sprint Nextel Comments at 7 (citing *ATC Report and Order*,
    18 FCC Rcd at 2062, ¶ 204). *See also* WCA Comments at 5-6.

[^95]: *See* Sprint Nextel Comments at 7 (citing *Big LEO Spectrum
    Sharing Order*, 19 FCC Rcd at 13388-89, ¶ 72). *See also* WCA
    Comments at 6.

[^96]: *See* Sprint Nextel Comments at 8 (citing *Big LEO Spectrum
    Sharing Order on Reconsideration*, 21 FCC Rcd at 5614, ¶ 7).

[^97]: *See* Sprint Nextel Comments at 8.

[^98]: *See* Sprint Nextel Reply at 7-8.

[^99]: *See* Sprint Nextel Comments at 9 (citing letters from KMW
    Communications, Andrew Corporation and CSS Antenna).

[^100]: *See* Sprint Nextel Reply at 6-7; WCA Comments at 7.

[^101]: The value calculated by Sprint assumes that the ATC band edge
    emission limit in 47 C.F.R. § 25.254(a)(2) does not take into
    account the gain of the ATC base station antenna. In fact, the
    emission limit is intended to be an EIRP limit and does take antenna
    gain into account.

[^102]: *See* Sprint Nextel Reply at 9-10.

[^103]: *See* Sprint Nextel Reply at 11-13.

[^104]: *See* Sprint Nextel Reply at 13-15.

[^105]: *See* Sprint Nextel Reply at 18-19; WCA Reply at 7-10.

[^106]: *See ATC Report and Order*, 18 FCC Rcd at 1975-76, ¶¶ 23-26.

[^107]: *Big LEO Spectrum Sharing Order*, 19 FCC Rcd at 13389, ¶ 72.

[^108]: BRS and the Educational Broadband Service (EBS) operate in the
    same bands and follow the same technical rules. *See, e.g.*, 47
    C.F.R. §§ 27.1220-27.1222.

[^109]: *See* 47 C.F.R. § 25.255.

[^110]: *See* 47 C.F.R. § 25.254(a)(2).

[^111]: *See* 47 C.F.R. § 27.53 (as revised by *Amendment of Parts 1,
    21, 73, 74 and 101 of the Commission's Rules to Facilitate the
    Provision of Fixed and Mobile Broadband Access, Educational and
    Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands;
    Part 1 of the Commission\'s Rules - Further Competitive Bidding
    Procedures; Amendment of Parts 21 and 74 of the Commission\'s Rules
    With Regard to Licensing in the Multipoint Distribution Service and
    in the Instructional Television Fixed Service for the Gulf of
    Mexico; Review of the Spectrum Sharing Plan Among Non-Geostationary
    Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz
    Bands; 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*, Third Order on Reconsideration and
    Sixth Memorandum Opinion and Order and Fourth Memorandum Opinion and
    Order and Second Further Notice of Proposed Rulemaking and
    Declaratory Ruling, WT Docket No. 03-66, RM-10586, WT Docket No.
    03-67, WT Docket No. 02-68, RM-9718, IB Docket No. 02-364, ET Docket
    No. 00-258, FCC 08-83, released Mar. 20, 2008 *(BRS/EBS 4^th^
    MO&O)*).

[^112]: *See* 47 C.F.R. §§ 27.53(m)(2) (as revised by the *BRS/EBS 4^th^
    MO&O*), 27.53(m)(6). *See also* Sprint Nextel Comments at 10-11.

[^113]: *See* 47 C.F.R. § 27.53(m)(2) (as revised by the *BRS/EBS 4^th^
    MO&O*).

[^114]: *See* 47 C.F.R. § 27.53(m)(2)(ii) (as revised by the *BRS/EBS
    4^th^ MO&O*).

[^115]: *See* Sprint Nextel Comments at 12; WCA Comments at 8; Sprint
    Nextel Reply at 3-6; WCA Reply at 3.

[^116]: *See* Globalstar Reply at 21-22.

[^117]: *See* 47 C.F.R. § 27.5(i).

[^118]: *See* 47 C.F.R. § 25.255.

[^119]: With respect to Sprint Nextel's concerns regarding receiver
    overload interference (Sprint Nextel Reply at 13-17), we note that
    this is among the problems that ATC must take into account in
    avoiding harmful interference to other services.

[^120]: CTIA Comments at 1.

[^121]: We reiterate that the Commission's rules prescribe "gating
    criteria" that must be met before an MSS operator may operate ATC,
    and must be met throughout the period of MSS/ATC operation. As
    applied to Globalstar, these gating criteria are:

    > • *Geographic and temporal coverage*: Globalstar must demonstrate
    > that it can provide MSS service to all locations as far north as
    > 70 degrees North latitude and as far south as 55 degrees South
    > latitude for at least 75 percent of every 24-hour period. *See* 47
    > C.F.R. § 25.149(b)(1)(iii).
    >
    > • *Replacement satellites*: Globalstar must maintain an in-orbit
    > spare satellite, and must report any satellite failures,
    > malfunctions, or outages that may require satellite replacement
    > within ten days of their occurrence. *See* 47 C.F.R. §
    > 25.149(b)(2). *But see Globalstar ATC Authorization*, 21 FCC Rcd
    > at 411, ¶ 35 (until Globalstar launches a spare satellite or
    > receives a waiver of this requirement, it will not meet this
    > gating criterion).
    >
    > • *Commercial availability*: Globalstar's MSS must be available to
    > customers for a fee in accordance with its coverage requirements.
    > *See* 47 C.F.R. § 25.149(b)(3).
    >
    > • *Integrated services*: Globalstar must offer an integrated
    > service of MSS and ATC. Specifically, Globalstar must use handsets
    > or other mobile terminals that can communicate with both the
    > satellite component and the ATC, or must provide other evidence of
    > integrated service. *See* 47 C.F.R. § 25.149(b)(4).
    >
    > • *In-band operation*: Globalstar may offer ATC only in its
    > authorized MSS spectrum, as limited by the ATC spectrum
    > authorization we establish herein. *See* 47 C.F.R. § 25.149(b)(5).

[^122]: *See* 47 C.F.R. § 25.149(a)(1).

[^123]: *See* Globalstar Comments at 7-8; Open Range Comments at 3.

[^124]: *See* 47 U.S.C. § 316; *see also* 47 C.F.R. § 1.87. Globalstar's
    MSS license is currently held by its subsidiary, Globalstar Licensee
    LLC. *See* Public Notice, Report No. SAT-00379, DA 06-1622, 21 FCC
    Rcd 9133 (Int'l Bur. 2006).

[^125]: The RFA, *see* 5 U.S.C. §§ 601-612, has been amended by the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
    Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).

[^126]: 5 U.S.C. § 605(b).

[^127]: 5 U.S.C. § 601(6).

[^128]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^129]: 15 U.S.C. § 632.

[^130]: *Globalstar ATC Notice*, 22 FCC Rcd at 19754-56, ¶¶ 50-62.

[^131]: 47 C.F.R. § 1.87.