Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Nos. 101-SAT-P/LA-98    |
|                                  | *) |                              |
| **KaStarCom. World Satellite,    | ** | 102-SAT-P/LA-98              |
| LLC**                            |    |                              |
|                                  | *  | IBFS Nos.                    |
| Application for Authority to     | *) | SAT-LOA-19980312-00019       |
| Construct,                       | ** |                              |
|                                  |    | SAT-LOA-19980312-00018       |
| Launch, and Operate a Ka-Band    | *  |                              |
| Satellite                        | *) | SAT-AMD-20010607-0050        |
|                                  | ** |                              |
| System in the Fixed-Satellite    |    | Call Sign S2355              |
| Service                          | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *  |                              |
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted: August 2, 2001 Released: August 3, 2001**

By the Chief, International Bureau:

**I. INTRODUCTION**

1.  By this Order, we authorize KaStarCom. World Satellite, LLC
    ("KaStarCom") to launch and operate a satellite in
    geostationary-satellite orbit to provide fixed-satellite services
    ("FSS") in the Ka-band.[^1] In a companion order, issued today, we
    assign KaStarCom's satellite to the 111 W.L. orbital location.[^2]
    This will allow KaStarCom an opportunity to provide consumers access
    to a variety of competitive satellite communications services in a
    frequency band suitable for advanced broadband, interactive
    services. We defer action on KaStarCom's other applications, as
    recently amended, requesting authority to share two other orbital
    locations with the existing Ka-band licensee, WB Holdings 1 LLC ("WB
    Holdings").[^3]

# Background

2.  KaStarCom is one of 12 applicants seeking authority to operate
    geostationary-satellite orbit ("GSO") satellites in the second
    Ka-band processing round. In May 1997, the International Bureau
    licensed 13 applicants to launch and operate GSO satellite systems
    as part of the first Ka-band processing round ("First Round").[^4]
    In October 1997, the Bureau established a second processing round
    ("Second Round"), inviting interested parties to file applications
    on or before December 22, 1997 for consideration in this round. The
    Second Round GSO licenses satellite systems, and in one case,
    reservation of orbit locations for a non-U.S. licensed satellite
    system, will enable new entrants to offer services competitive with
    those licensed in the First Round and will allow First Round
    licensees an opportunity to expand and improve the capabilities and
    service offerings of their licensed systems.

3.  KaStarCom is a Delaware limited liability company. In its
    application, KaStarCom requested authority to launch and operate two
    satellites at the 175° W.L. and 52° E.L. orbital locations.[^5] On
    June 7, 2001, KaStarCom filed an amendment requesting a change of
    orbital assignments and a change in the manner in which it will
    operate its system.[^6] KaStarCom now proposes to launch and operate
    one Ka-band satellite at the 111º W.L. orbit location.[^7] In
    addition, KaStarCom requests authority to share the 73º W.L. and
    109.2º W.L. orbital locations with WB Holdings, a First Round
    licensee authorized to launch and operate satellites using 500
    megahertz of Ka-band spectrum at these orbital locations. [^8]
    Specifically, KaStarCom and WB Holdings jointly propose to construct
    and own a single satellite at each location with each licensee
    operating on 500 megahertz of spectrum.[^9] KaStarCom proposes to
    provide high-speed, switched data, video, and video telephone
    satellite communications services to individual and business users
    on a non-common carrier basis.[^10]

4.  We act here on KaStarCom's application to launch and operate one
    satellite using 1000 megahertz of Ka-band spectrum. We defer action
    on its request to share two satellites with WB Holdings until we
    have had an opportunity to review the pleadings filed with respect
    to this request.[^11]

5.  For its proposed satellite at 111° W.L., KaStarCom proposes to
    operate in 1000 megahertz of spectrum in the 28.35-28.6 GHz and
    29.25-29.5 GHz and 29.5-30.0 GHz frequency bands for uplink
    (Earth-to-space) communications and 1000 megahertz of spectrum the
    18.3-18.8 GHz and 19.7-20.2 GHz frequency bands for service downlink
    (space-to-Earth) operations.[^12] KaStarCom also requests authority
    to conduct its tracking, telemetry and command functions during
    transfer orbit operations in the C-band frequencies.[^13] Finally,
    it requests authority to operate intersatellite links ("ISLs") in
    the 69.0-70.0 GHz frequency bands. [^14]

6.  Several Second Round Ka-band applicants filed petitions to deny the
    KaStarCom application.[^15] Petitioners assert that KaStarCom should
    not be awarded any satellite licenses because KaStarCom has not
    demonstrated that it has met the Commission's financial
    qualification rules.[^16] Pegasus argues that KaStarCom's ownership
    interest in Directcom, another Second Round applicant, should be
    considered when assigning orbital locations. In addition, Pegasus
    argues that KaStarCom should not be treated as a new entrant because
    of its ownership interest in WB Holdings, a First Round
    licensee.[^17] Accordingly, Pegasus contends that KaStarCom should
    not be assigned any orbital locations within that portion of the
    geostationary arc that is capable of serving the contiguous United
    States ("CONUS").[^18]

# DISCUSSION

## Qualifications

7.  All applicants requesting authority to launch and operate satellite
    space stations must present information sufficient to establish
    their legal, technical, and financial qualifications to hold a
    Commission license. The rules set forth in Part 25 of the
    Commission's rules govern FSS applicants and licensees, including
    this application for GSO FSS in the Ka-band frequencies. The
    Commission modified the Part 25 FSS rules in 1997 to incorporate the
    particular technical requirements for operations in the Ka-band
    frequencies.[^19] In this and other licenses issued to Second Round
    FSS applicants in the Ka-band, we will generally apply all Part 25
    FSS rules, specifically noting, however, where we decide not to
    apply existing rules.

### Number of Orbit Locations

8.  The Commission's Part 25 FSS rules include a limit on the number of
    orbit locations that may initially be assigned to a qualified GSO
    FSS applicant.[^20] The rules also limit the number of additional,
    expansion orbit locations that may be assigned to applicants with
    previously licensed systems using the same frequency bands.[^21]
    Generally, the Commission may grant a waiver of its rules in a
    particular case only if the relief requested would not undermine the
    policy objective of the rule in question, and would otherwise serve
    the public interest.[^22] The Commission waived the assignment limit
    rules in the first Ka-Band GSO FSS round because the applicants had
    agreed to an arrangement that accommodated all pending applications
    for space stations and left room for additional assignments.[^23] In
    this Second Round, we have determined that we can also accommodate
    all pending requests for space stations, with room for additional
    entry. We therefore again waive application of the Commission rule
    limiting GSO FSS orbit locations.[^24] Consequently, we will not, as
    some applicants request, limit the number of assignments to Second
    Round applicants.

### Technical Qualifications

9.  Applicants for FSS space station authorizations must meet the
    technical qualification requirements set forth in the Commission's
    Part 25 rules. These requirements are designed primarily to
    implement two-degree orbital spacing between GSO FSS satellites. The
    Commission's two-degree spacing policy, which was established in
    1983, was designed to maximize the number of satellites in orbit by
    ensuring that satellites in geostationary-satellite orbit can
    operate without causing harmful interference to other GSO satellites
    located as close as two degrees. [^25]

10. In the *Ka-Band FSS Rules Order*, the Commission adopted its
    proposal to extend its two-degree spacing policy between in-orbit
    satellites to space stations in the Ka-band.[^26] We believe that it
    remains in the public interest to maximize the number of satellites
    that can be accommodated in orbit by extending the Commission's
    existing two-degree GSO spacing policy to Ka-band orbital
    assignments in the Second Round. All GSO FSS licensees in the Second
    Round will therefore be required to be two-degree GSO spacing
    compliant.

11. KaStarCom indicates that its system design is consistent with
    operation in a two-degree spacing environment.[^27] Our review of
    KaStarCom's finds nothing to preclude operation in a two-degree
    spacing environment. The Second Round Ka-band applications were
    received subsequent to the *Ka-Band FSS Rules Order* but prior to
    the *18 GHz Band Report and Order*.[^28] In both orders, rules
    affecting two-degree orbital spacing were adopted. We remind
    KaStarCom of its continuing obligation to meet all Part 25 rules
    governing system operations, including Sections 25.202 (frequencies,
    frequency tolerances, and emission limitations) and Section 25.210
    (technical requirements for space stations in the Fixed-Satellite
    service).[^29] Further, KaStarCom must meet the current Ka-band
    power flux-density ("pfd") limits of Section 25.208 which were
    adopted after KaStarCom filed its application.[^30] As a condition
    of this authorization, KaStarCom must meet thee revised pfd limits.

### Financial Qualifications

12. The Commission's FSS rules require that an applicant for a new
    fixed-satellite system possess sufficient financial resources to
    cover the construction, launch, and first-year operating costs of
    each proposed satellite.[^31] We have waived these rules, however,
    in those cases where we can accommodate all pending applications.
    The Commission's financial qualification rules are designed to
    prevent under-capitalized licensees from holding valuable orbit
    spectrum resources to the exclusion of others while they attempt to
    arrange financing to construct and launch the licensed system. Where
    all applicants can be accommodated, however, granting a license to
    an under-capitalized applicant will not prevent another applicant
    from going forward. [^32] In addition, there is a pro-competition
    public interest benefit in licensing all applicants, if possible. We
    waived the financial qualifications rules for the First Round
    applicants because all of those applicants could be accommodated in
    the available orbital locations and there were additional orbital
    locations available for future entrants.[^33] In the accompanying
    *Second Round GSO Assignment Order*, we also determine that we can
    accommodate all pending Second Round applicants' requests for FSS
    space stations in the Ka-band, and still have orbital locations
    available for future entrants. We therefore waive the financial
    qualification requirements for Second Round applicants.
    Consequently, it is unnecessary to rule on KaStarCom's financial
    qualifications. The petitions to deny filed by Motorola, Inc. and
    Hughes Communications Galaxy, Inc. raising issues regarding
    KaStarCom's financial qualifications are therefore rendered moot.

## Spectrum Assignments

### Service Links

13. In the *28 GHz Band First Report and Order*, the Commission adopted
    a band segmentation plan that designated one gigahertz of spectrum
    in each transmission direction for GSO FSS Ka-band systems.[^34] For
    uplink (Earth-to-space) transmissions, the Commission designated 250
    megahertz of spectrum between 28.35 and 28.6 GHz, 250 megahertz of
    spectrum between 29.25 and 29.5 GHz (shared on a co-primary basis
    with non-geostationary satellite orbit, mobile satellite service
    feeder links), and 500 megahertz of spectrum between 29.5 and 30.0
    GHz for GSO FSS operations. For downlink (space-to-Earth)
    communications, the Commission designated 1100 megahertz of spectrum
    between 17.7 and 18.8 GHz for GSO FSS operations (shared on a
    co-primary basis with terrestrial fixed-service) and 500 megahertz
    of spectrum between 19.7 and 20.2 GHz for primary GSO FSS
    operations. The Commission later refined the downlink plan for the
    frequency band between 17.7 and 18.8 GHz, by designating 280
    megahertz of spectrum between 18.3 and 18.58 GHz for co-primary GSO
    FSS and terrestrial fixed service operations and 220 megahertz of
    spectrum between 18.58 and 18.8 GHz for primary GSO FSS
    operations.[^35]

14. In its amended application, KaStarCom proposes to use 1000 megahertz
    of spectrum in the 28.35-28.6 GHz and 29.25-29.5 GHz and 29.5-30.0
    GHz frequency bands for its service uplinks at the 111º W.L. orbital
    location. This request is consistent with the 28 GHz band plan, and
    we will therefore authorize KaStarCom to operate in these
    frequencies, subject to the sharing rules adopted in the *28 GHz
    Band First Report and Order*.

15. In its amended application, KaStarCom proposes to use 1000 megahertz
    of spectrum in the 18.3-18.8 GHz and 19.7-20.2 GHz frequency bands
    for its service downlink bands. We grant this request consistent
    with the 18 GHz band plan.[^36] Specifically, we authorize KaStarCom
    to operate its service downlinks in 1000 megahertz of spectrum in
    the 18.3-18.8 GHz and 19.7-20.2 GHz frequency bands. Because the 280
    megahertz of spectrum at 18.3-18.58 GHz is to be shared on a
    co-primary basis with terrestrial-fixed services, GSO FSS operations
    in this band must be coordinated with these terrestrial operations.

16. In addition, KaStarCom must coordinate with U.S. Government systems
    operating in accordance with footnote US334 to the Table of
    Frequency Allocations.[^37] This footnote requires coordination of
    commercial systems with U.S. Government GSO and NGSO FSS systems
    that are presently operating throughout the 17.8-20.2 GHz frequency
    band. These Government systems operate in accordance with the power
    flux-density limits contained in the current International
    Telecommunication Union ("ITU") Radio Regulations.[^38] KaStarCom
    must also comply with footnote US255 to the Table of Frequency
    Allocations that contains power flux-density limits to protect the
    Earth exploration satellite service (passive) for the 18.6-18.8 GHz
    band.[^39]

### Inter-Satellite Links

17. KaStarCom plans to use ISLs between adjacent satellites to provide
    connectivity between the coverage regions of different satellite
    orbit locations. KaStarCom proposes to link the satellites licensed
    to WB Holdings in the first processing round at the 73º W.L. and
    109.2 º W.L. orbital locations with the 111º W.L. orbit location.
    Because we are deferring action on issues concerning its joint
    venture with WB Holdings and because we are licensing KaStarCom for
    only one satellite in this Order, we find that it is premature to
    act on its ISL request at this time.

### Tracking, Telemetry and Command

18. Under the Commission's rules, tracking, telemetry and command
    ("TT&C") operations may be provided at the edges of the frequency
    bands in which the particular satellite will be providing
    service.[^40] KaStarCom proposes to conduct TT&C functions in the
    system service band. We authorize KaStarCom to conduct TT&C
    operations in these service bands.

19. KaStarCom also requests authority to conduct TT&C operations outside
    its Ka-band service frequencies. Specifically, KaStarCom proposes to
    conduct its command functions in the 5856.5-5860 MHz and 6420.5-6424
    MHz bands and its telemetry functions in the 3700-3703.5 MHz and
    4196-4199.5 MHz bands. All of these requested operations are within
    the C-band frequencies, which are not the system's service band.
    Thus, the request is not consistent with Section 25.202 of the
    rules.[^41] As the Commission recently indicated, this rule serves
    the valid purpose of simplifying coordination among satellites at
    adjacent orbital locations, and promoting efficient spectrum
    use.[^42] KaStarCom has not provided a showing to demonstrate that a
    waiver of Section 25.202(g) for TT&C operations outside its service
    band would be consistent with the basic purpose of the rule, or that
    the public interest otherwise requires a waiver. Thus, we deny
    KaStarCom's request. KaStarCom should be aware that there are
    potential allocation and electromagnetic compatibility issues in the
    5850-5925 MHz band, therefore, the band may not be available to
    support its TT&C requirements.[^43]

## Regulatory Treatment

20. In the *DISCO I Order*, the Commission determined that all
    fixed-satellite service operators in the C-band and Ku-band could
    elect to operate on a common carrier or non-common carrier
    basis.[^44] The Commission extended this treatment to satellite
    operators in the Ka-band in the *Ka-Band FSS Rules Order*.[^45]
    Consequently, Second Round Ka-band applicants may elect their
    regulatory status. KaStarCom has elected to operate on a non-common
    carrier basis, and we authorize it to do so.[^46]

## License Conditions

### Milestone Schedule

21. As in all other satellite services, all Second Round Ka-band
    licensees will be required to adhere to a strict timetable for
    system implementation. This ensures that licensees are building
    their systems in a timely manner and that the orbit-spectrum
    resource is not being held by licensees unable or unwilling to
    proceed with their plans. The implementation schedules for GSO FSS
    systems in the Ka-band generally track the schedules imposed in
    other satellite services.

22. Specifically, Section 25.145(f) of the Commission's rules requires
    Ka-band GSO FSS licensees "\[1\] to begin construction of \[their\]
    first satellite within one year of grant, \[2\] to begin
    construction of the remainder within two years of grant, \[3\] to
    launch at least one satellite into each of \[their\] assigned orbit
    locations within five years of grant, and \[4\] to launch the
    remainder of \[their\] satellites by the date required by the
    International Telecommunication Union to assure international
    recognition and protection of those satellites."[^47] Failure to
    meet any of these construction milestones will render those
    satellite authorizations null and void without further action by the
    Commission.

23. The date by which KaStarCom's satellite must be "brought into use"
    to protect the date priority of the U.S. ITU filings for its service
    links at this orbital location is March 9, 2003, with a two-year
    extension available under certain circumstances.[^48] We recognize
    that, in this case, comparing this ITU "bringing into use" date to
    our launch milestone has the incongruous result of our rules
    requiring KaStarCom to launch its satellite into its assigned orbit
    location by August 2006, *i.e.*, after both the earliest and latest
    dates by which KaStarCom is required to bring its satellite location
    into use to protect the date priority of the U.S. ITU filings for
    its orbital location. To address this misalignment, we require
    KaStarCom to launch its satellite into its licensed orbit location
    and "bring into use" all of the frequency assignments it plans to
    operate at that orbit location by the ITU "bringing into use" date.
    Should the ITU grant a two-year extension of the 2003 "bringing into
    use date," the launch milestone in this license will automatically
    change to the new ITU "bringing into use" date without further
    Commission action. This will protect the United States filings at
    these locations and thus, KaStarCom's ability to coordinate and gain
    international recognition for the satellite at its assigned orbit
    location. Moreover, we do not anticipate that meeting this milestone
    will be unduly difficult. Under standard industry practice, it
    generally takes two to three years to construct and launch a
    satellite.[^49] KaStarCom will have nearly four years in which to
    launch its satellites into their assigned location by the ITU
    "bringing into use" date, assuming it receives an extension.

### Reporting Requirements

24. We will follow the Part 25 rules for reporting requirements for FSS
    systems, including an annual report describing the status of
    satellite construction and anticipated launch date, and a detailed
    description of the use made of each transponder on its in-orbit
    satellite.[^50] KaStarCom must file this report on June 30 of each
    year, containing information current as of May 31 of that year.

###  3. International Coordination {#international-coordination .unnumbered}

25. In general, we will follow the applicable advance-publication,
    coordination, and notification procedures as set forth in the ITU
    Radio Regulations in coordinating KaStarCom's satellite with other
    affected administrations. We will also require that KaStarCom
    provide the Commission with the international coordination
    information required by our rules.[^51] The orbit location assigned
    today may be co-located or within two degrees of a non-U.S. licensed
    satellite filing having date priority in its ITU filings. Under
    these circumstances, U.S. licensees assigned to these locations are
    reminded that they take these licenses subject to the outcome of the
    international coordination process, and that the Commission is not
    responsible for the success or failure of the required international
    coordination.

# CONCLUSION

26. Upon review of KaStarCom's application, we find that KaStarCom is
    qualified to be a Commission licensee and that, pursuant to Section
    309 of the Communications Act of 1934, as amended, 47 U.S.C. § 309,
    grant of this application will serve the public interest,
    convenience, and necessity. As specified in the *Second Round GSO*
    *Assignment Order*, we have assigned KaStarCom to the 111° W.L.
    orbital location.

# ORDERING CLAUSES

27. IT IS ORDERED that Application File Nos. 101-SAT-P/LA-98 and
    102-SAT-P/LA-98; IBFS Nos. SAT-LOA-19980312-00019,
    SAT-LOA-19980312-00018 and SAT-AMD-20010607-0050 ARE GRANTED IN
    PART, as discussed above, and KaStarCom. World Satellite, LLC IS
    AUTHORIZED to launch and operate one GSO FSS satellite, to provide
    fixed-satellite service in the 18.3-18.8 GHz and 19.7-20.2 GHz,
    28.35-28.60 GHz and 29.25- 30.0 GHz frequency bands and frequency
    bands at the 111° W.L. orbital location.

28. IT IS FURTHER ORDERED that KaStarCom. World Satellite, LLC's
    authorization shall become NULL and VOID with no further action on
    the Commission's part in the event the space station is not
    constructed, launched, and placed into operation in accordance with
    the technical parameters and terms and conditions of this
    authorization by the following dates:

> [Construction Commenced]{.underline} [Launch and Operate]{.underline}

Satellite at 111° W.L. August 2002 March 9, 2003[^52]

29. IT IS FURTHER ORDERED that KaStarCom. World Satellite, LLC must
    coordinate its Ka-band downlink operations with U.S. Government
    systems, including Government operations to earth stations in
    foreign countries, in accordance with footnote US334 to the Table of
    Frequency Allocations, 47 C.F.R. §2.106, and in accordance with the
    *18 GHz Report and Order*, 15 FCC Rcd at 13473 at ¶ 90.

30. IT IS FURTHER ORDERED THAT KaStarCom. World Satellite, LLC shall
    conduct its operations pursuant to this authorization in a manner
    consistent with the power flux-density requirements of 47 C.F.R. §
    2.106 US255 and §25.208 of the Commission's Rules.

31. IT IS FURTHER ORDERED that the license term for the space station is
    ten years and will begin to run on the date KaStarCom. World
    Satellite, LLC, Inc. certifies to the authorized Commission that the
    authorized satellite has been successfully placed into orbit and the
    operations fully conform to the terms and conditions of this
    authorization.

32. IT IS FURTHER ORDERED that KaStarCom. World Satellite, LLC will
    prepare any necessary submissions to the International
    Telecommunication Union and to affected administrations for the
    completion of the appropriate coordination and notification
    obligations for these space stations in accordance with the
    International Telecommunication Union Radio Regulations. We also
    remind KaStarCom. World Satellite, LLC that no protection from
    interference caused by radio stations authorized by other
    administrations is guaranteed unless coordination procedures are
    timely completed or, with respect to individual administrations, by
    successfully completing coordination agreements. Any radio station
    authorization for which coordination has not been completed may be
    subject to additional terms and conditions as required to effect
    coordination of the frequency assignments of other administrations,
    47 C.F.R. § 25.111(b).

33. IT IS FURTHER ORDERED that the temporary assignment of any orbital
    location to KaStarCom. World Satellite, LLC is subject to change by
    summary order of the Commission on 30 days notice and does not
    confer any permanent right to use the orbit and spectrum. Neither
    this authorization nor any right granted by this authorization,
    shall be transferred, assigned or disposed of in any manner,
    voluntarily or involuntarily, or by transfer of control of any
    corporation holding this authorization, to any person except upon
    application to the Commission and upon a finding by the Commission
    that the public interest, convenience and necessity will be served
    thereby.

34. IT IS FURTHER ORDERED that KaStarCom. World Satellite, LLC is
    afforded 30 days from the date of the release of this Order and
    Authorization to decline this authorization as conditioned. Failure
    to respond within that period will constitute formal acceptance of
    the authorization as conditioned.

35. 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. Petitions for reconsideration under Section
    1.106 or applications for review under Section 1.115 of the
    Commission\'s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within
    30 days of the date of public notice of this Order (*see* 47 C.F.R.
    § 1.4(b)(2)).

FEDERAL COMMUNICATIONS COMMISSION

> Donald Abelson
>
> Chief, International Bureau

[^1]: For purposes of this order, the term "Ka-band" or "28 GHz band"
    refer to the space-to-Earth communications (downlink) in radio
    frequencies at 17.7-20.2 GHz and the corresponding Earth-to space
    communications (uplink) in frequencies at 27.5-30.0 GHz. We
    authorize KaStarCom to operate in a portion of these frequency bands
    indicated in this order.

[^2]: *Second Round Assignment of Geostationary Satellite Orbit
    Locations to Fixed Satellite Service Space Stations in the Ka-Band,
    Order*, DA 01-1693 (Int'l Bur. rel. August 3, 2001) ("*Second Round
    GSO Assignment Order"*).

[^3]: *See* Public Notice, Satellite Policy Branch Information,
    Applications Accepted for Filing, KaStarCom. World Satellite, LLC,
    SAT-AMD-20010607-0050 (June 19, 2001).

[^4]: The Bureau also licensed one non-geostationary-satellite orbit
    ("NGSO") Ka-band system. See Teledesic Corporation, Application for
    Authority to Construct, Launch and Operate a Low Earth Orbit
    Satellite System in the Domestic and International Fixed Satellite
    Service, Order and Authorization, 12 FCC Rcd 3154 (Int\'l Bur.
    1997).

[^5]: *See* Application of KaStarCom. World Satellite, LLC, File Nos.
    101-SAT-P/LA-98 and 102-SAT-P/LA-98; IBFS Nos.
    SAT-LOA-19980312-00019 and SAT-LOA-19980312-00018 (December 22,
    1997)("*KaStarCom Application*").

[^6]: *See* Letter from Stephen E. Coran, Counsel to KaStarCom World
    Satellite, LLC to Magalie Roman Salas, Secretary, Federal
    Communications Commission (June 1, 2001). *See also* Letter from
    Stephen E. Coran, Counsel to KaStarCom World Satellite, LLC to
    Magalie Roman Salas, Secretary, Federal Communications Commission
    (June 7, 2001). *See also* Public Notice, Satellite Policy Branch
    Information, Applications Accepted for Filing, KaStarCom. World
    Satellite, LLC, SAT-AMD-20010607-0050 (June 19, 2001).

[^7]: *Id.*

[^8]: *See In the Matter of KaStar Satellite Communications Corporation
    Application for Authority to Construct, Launch, and Operate a
    Ka-band Satellite System in the Fixed-Satellite Service*, 13 FCC Rcd
    1366 (1997) ("*WB Authorization Order*"). In a series of name
    changes and pro forma transfers of control and assignments, Ka-Star
    became iSky, which in turn, became Wildblue Communications, Inc.
    Wildblue Communications, Inc. is the parent company of WB Holdings 1
    LLC. *See* letter from William M. Wiltshire, Counsel, WB Holdings 1
    LLC, to Magalie Roman Salas, Secretary, Federal Communications
    Commission (November 3, 2000). *See also* letter from William M.
    Wiltshire, Counsel, WB Holdings 1 LLC, to Magalie Roman Salas,
    Secretary, Federal Communications Commission (January 8, 2001).
    Request for Pro Forma Assignment of License of KaStar 73
    Acquisition, LLC to WB l LLC (File No. SAT-ASG-20010108-00004).

[^9]: *See* Letter from Stephen E. Coran, Counsel to KaStarCom World
    Satellite, LLC to Magalie Roman Salas, Secretary, Federal
    Communications Commission (June 7, 2001). *See also* Public Notice,
    Satellite Policy Branch Information, Applications Accepted for
    Filing, KaStarCom. World Satellite, LLC, SAT-AMD-20010607-0050 (June
    19, 2001).

[^10]: KaStarCom Application at p. 8.

[^11]: The pleading cycle closed on July 13, 2001. We expect to issue an
    order acting upon the proposed WB Holdings/KaStarCom satellites
    shortly.

[^12]: *See* Letter from Stephen E. Coran, Counsel to KaStarCom World
    Satellite, LLC to Magalie Roman Salas, Secretary, Federal
    Communications Commission (June 1, 2001). *See also* Letter from
    Stephen E. Coran, Counsel to KaStarCom World Satellite, LLC to
    Magalie Roman Salas, Secretary, Federal Communications Commission
    (June 7, 2001).

[^13]: *Id.* KaStarCom requests authority to conduct transfer orbit
    command functions in the 5.8565-5.8600 GHz and 6.4205-6.4240 GHz
    band and its telemetry functions in the 3.7000-3.7035 GHz bands and
    4.1960-4.1995 GHz bands.

[^14]: ISLs are communication links between in-orbit satellites. ISLs
    operate in spectrum allocated to the inter-satellite service. *See*
    International Telecommunication Union Radio Regulation S1.22.

[^15]: Consolidated Reply to Oppositions of Pegasus, July 2, 1999,
    Consolidated Petition to Deny filed by Pegasus Development
    Corporation, filed May 25, 1999, Motorola\'s Consolidated Petition
    To Deny And Comments, filed May 21, 1999 and Consolidated Petitions
    to Dismiss, Deny or Defer of Hughes Communications Galaxy, Inc. and
    Hughes Communications Inc., filed May 21, 1999. Hughes contends that
    KaStarCom's proposed satellites do not comply with the Commission's
    two-spacing requirement and requests us to defer processing
    KaStarCom's application until KaStarCom can demonstrate that
    operation of its proposed satellite at 52° E.L. will not cause
    harmful interference to Hughes' licensed Ka-band satellite located
    at 54º E.L. Because KaStarCom no longer seeks assignment to the 52°
    E.L. orbit location, Hughes' objection is moot.

[^16]: Motorola\'s Consolidated Petition to Deny and Comments, filed May
    21, 1999 and Consolidated Petitions to Dismiss, Deny or Defer of
    Hughes Communications Galaxy, Inc. and Hughes Communications Inc.,
    filed May 21, 1999.

[^17]: Consolidated Reply to Oppositions of Pegasus, July 2, 1999, and
    Consolidated Petition to Deny filed by Pegasus Development
    Corporation., filed May 25, 1999,

[^18]: All issues pertaining to the assignment of orbit locations are
    addressed in the *Second Round GSO Orbital Assignment Order*
    released today.

[^19]: Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's
    Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate
    the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies
    for Local Multipoint Distribution Service and for Fixed Satellite
    Services, Third Report and Order, FCC 97-378, 12 FCC Rcd 22310
    (1997)("Ka-Band FSS Rules Order"); Memorandum Opinion and Order, FCC
    01-172 (rel. May 25, 2001) (order on petitions for clarification or
    reconsideration).

[^20]: 47 C.F.R. § 25.140(e).

[^21]: 47 C.F.R. § 25.140(f).

[^22]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).

[^23]: *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22320 ¶ 24.

[^24]: For a more detailed discussion, *see Second Round GSO Assignment
    Order*, at ¶17.

[^25]: *Licensing of Space Stations in the Domestic Fixed-Satellite
    Service*, 54 Rad. Reg. 2d (P&F) 577, 589 (1983) ("*Two-Degree
    Spacing Order"*).

[^26]: *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22320 ¶ 23.

[^27]: KaStarCom Application at. 117.

[^28]: *Redesignation of the 17.7-19.7 GHz Frequency Band, Blanket
    Licensing of Satellite Earth Stations in the 17.7-20.2 GHz and
    27.5-30.0 GHz Frequency Bands, and the Allocation of Additional
    Spectrum in the 17.3-17.8 GHz and 24.75-25.25 GHz Frequency Bands
    for Broadcast Satellite-Service Use*, FCC 00-212, 15 FCC Rcd 13,430
    (2000) *("18 GHz Band Report and Order")*.

[^29]: 47 C.F.R. §§ 25.202 and 25.210.

[^30]: 47 C.F.R. §25.208.

[^31]: 47 C.F.R. § 25.140(b)-(e).

[^32]: *See generally Amendment of the Commission's Rules to Establish
    Rules and Policies Pertaining to a Mobile Satellite Service in the
    1610-1626/2483.5-2500 MHz Frequency Bands, Report and Order*, 9 FCC
    Rcd 5936 at ¶ 26 (1994) ("*Big LEO Report and Order"*).

[^33]: *See* *Ka-Band FSS Rules Order*, 12 FCC Rcd at 22318 ¶ 18.

[^34]: *Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's
    Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate
    the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies
    for Local Multipoint Distribution Service and for Fixed Satellite
    Services, First Report and Order and Fourth Notice of Proposed
    Rulemaking*, FCC 96-311, 11 FCC Rcd 19005 (1996) *("28 GHz Band
    First Report and Order")*.

[^35]: *See 18 GHz Band Report and Order.* Stations operating in primary
    services are protected against interference from stations of
    "secondary" services. Moreover, stations operating in a secondary
    service cannot claim protection from harmful interference from
    stations of a primary service. "Co-Primary" services have equal
    rights to operate in particular frequencies. *See* 47 C.F.R §§
    2.104(d) and 2.105(c).

[^36]: *See 28 GHz Band First Report and Order,* 11 FCC Rcd 19005, as
    modified in *18 GHz Band Report and Order* 15 FCC Rcd at 13443, ¶
    28.

[^37]: *See* 47 C.F.R. § 2.106 US334.

[^38]: *See* *18 GHz Report and Order*, 15 FCC Rcd at 13473 ¶ 90. The
    power flux-density limits in the 18.3-18.6 GHz band are -115/-105 dB
    (W/m^2^) in any one megahertz band, depending upon the angle of
    arrival. There are currently no power flux-density limits in the
    19.7-20.2 GHz band. *See* Letter from William T. Hatch, National
    Telecommunications and Information Administration, to Dale Hatfield,
    Chief, Office of Engineering and Technology, Federal Communications
    Commission (March 29, 2000).

[^39]: 47 C.F.R. § 2.106 US255 (as revised in the *18 GHz Band Report
    and Order*, 15 FCC Rcd at 13489) states: In addition to any other
    applicable limits, the power flux-density across the 200 MHz band
    18.6-18.8 GHz produced at the surface of the Earth by emissions from
    a space station under assumed free-space propagation conditions
    shall not exceed --95db(W/m2) for all angles of arrival. This limit
    may be exceeded by up to 3 dB for no more than 5% of the time.

[^40]: 47 C.F.R § 25.202(g).

[^41]: *See* *Amendment of the Commission\'s Rules With Regard to the
    3650-3700 MHz Government Transfer Band*, FCC 00-363, 15 FCC Rcd
    20488, 20538 ¶ 129 (the rule "effectively limits FSS operators to
    operating TT&C links in the same frequency bands as their FSS
    operations").

[^42]: *Id.* at ¶¶ 129-130.

[^43]: *See* 47 C.F.R. § 2.106 US245. *See also* NTIA Report-83-115,
    *Spectrum Resource Assessment in the 5650-5925 MHz Band*; and FCC
    77-349 (rel. May 23, 1977) (which includes discussion of the sharing
    issues between the radiolocation and fixed-satellite service
    operations in the band 5850-5925 MHz).

[^44]: ^?^ *See* *In the Matter of Amendment to the Commission\'s
    Regulatory Policies Governing Domestic Fixed Satellites and Separate
    International Satellite Systems and DBSC Petition for Declaratory
    Rulemaking Regarding the Use of Transponders to Provide
    International DBS Service*, 11 FCC Rcd 2429, 2436 (1996) ("*DISCO I
    Order")*.

[^45]: *Ka-band FSS Rules Order*, 12 FCC Rcd at 22333 at ¶¶ 58-60.

[^46]: *See* KaStarCom Application, FCC Form 312.

[^47]: 47 C.F.R. § 25.145(f). *See Ka-Band FSS Rules Order*, 12 FCC Rcd
    at 22334-35 ¶ 61 & n.77 (1997).

[^48]: ITU Radio Regulations require that the satellite at 111° W.L. be
    brought into use by March 9, 2003. ITU Radio Regulations require
    that the satellite be "brought-into-use" ("BIU") no later than five
    years from the date the ITU publishes the advance publication
    information. (ITU Radio Regulations Article S11.44). The ITU may
    extend the BIU date by two years under the conditions specified in
    ITU Radio Regulations Articles S11.44B through S11.44I (launch
    failure; launch delays due to circumstances outside the control of
    the administration or operator; delays caused by modifications of
    satellite design necessary to reach coordination agreements;
    problems in meeting the satellite design specifications; delays in
    reaching coordination after a request for ITU Radiocommunication
    Bureau assistance; financial circumstances outside the control of
    the administration or operator; and force majeure). In cases where
    the two year extension is necessary, the licensee must inform the
    Commission, in writing, six months before the end of the five-year
    period so that the Commission can timely inform the ITU of the
    extension request. Should KaStarCom, indeed wish to extend its
    milestone at the 111º W.L. orbital location to 2005, it must provide
    the Commission, six months before March 9, 2003, information
    demonstrating good cause to request an ITU extension on the grounds
    specified in the ITU Radio Regulations.

[^49]: *See*, *e.g.*, *In the Matter of the Application of Comsat
    Corporation*, 12 FCC Rcd 12059, 12075 ¶ 33 n. 68 (Int'l Bureau
    1997)("It has been our experience that it takes an average of two
    years to construct and launch a satellite....").

[^50]: *See* 47 C.F.R. § 25.210(l)(1)(2)(3).

[^51]: *See* 47 C.F.R. § 25.111(b).

[^52]: If the International Telecommunication Union grants a two-year
    extension of this date, this milestone will automatically change to
    March 9, 2005 without further Commission action.