Before the

Federal Communications Commission

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the matter of                 | *  | File No.                     |
|                                  | *) | SAT-MOD-19990318-00029       |
| **ORBITAL COMMUNICATIONS**       | ** |                              |
|                                  |    | File No.                     |
| **CORPORATION**                  | *  | SAT-AMD-19990927-00092       |
|                                  | *) |                              |
| For Modification of Its          | ** | File No.                     |
|                                  |    | SAT-AMD-20000120-00001       |
| Authorization to Construct,      | *  |                              |
| Launch and                       | *) |                              |
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| Operate a Non-Voice,             |    |                              |
| Non-Geostationary                | *  |                              |
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| Mobile-Satellite System in the   | ** |                              |
| 137-138 and                      |    |                              |
|                                  | *  |                              |
| 148-150.05 MHz Frequency Bands   | *) |                              |
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+----------------------------------+----+------------------------------+

**ORDER AND AUTHORIZATION**

**Adopted:** April 8, 2002 **Released:** April 9, 2002

By the Chief, International Bureau:

# introduction

1.  With this Order, we authorize Orbital Communications Corporation
    ("Orbcomm") to modify its low-Earth orbit non-voice,
    non-geostationary mobile-satellite service system ("Little LEO"
    system) by decreasing the number of satellites in its two
    highly-inclined orbital planes, operating the fourth plane of
    satellites at 45° inclination, and increasing the altitude of the
    satellites in the equatorial plane of its system under certain
    conditions. This modified authority will allow Orbcomm to meet its
    customer requirements without increasing the potential for
    interference to other Little LEO systems.

# BACKGROUND

2.  The International Bureau granted a system license to Orbcomm in 1994
    as part of the first processing round of Little LEO
    applications.[^1] In 1998, as part of the second processing round
    ("Second Round"), the Bureau modified Orbcomm's system license to
    expand its constellation to 48 satellites, consisting of four
    orbital planes at 45° inclination, a fifth plane at 70° inclination,
    and a sixth plane at 108° inclination, with eight satellites
    orbiting in each of the six planes.[^2]

3.  Soon after it received its Second Round license, Orbcomm requested
    authority to substitute one of the four orbital planes at 45°
    inclination for an equatorial plane (a plane at zero degree
    inclination). Orbcomm stated that the equatorial plane would allow
    it to reduce outage times in areas below 50 degrees latitude while
    maintaining approximately the same degree of near-continuous
    coverage authorized in its license for other areas.[^3] It sought to
    operate the equatorial plane at 825 kilometers, the altitude
    authorized for the other satellites in its systems.[^4] The
    Satellite and Radiocommunication Division granted this unopposed
    application on July 17, 1998.

4.  Orbcomm then filed this modification application on March 18, 1999
    ("March 1999 Modification Application").[^5] In this request,
    Orbcomm seeks authority to reduce the number of satellites in the
    equatorial plane from eight to seven, and to increase the altitude
    of that plane from 825 kilometers above the Earth's surface to 1000
    kilometers. Two Little LEO licensees, Leo One Worldwide ("Leo One")
    and Final Analysis Communications Services ("Final Analysis"), filed
    comments on this application.[^6] Orbcomm amended the March 1999
    Modification Application in September 1999 ("September 1999
    Amendment"), requesting authority to implement a fourth inclined
    plane (at 45° inclination) of eight satellites, and to reduce the
    number of satellites in the 70º and 108º high inclination planes
    from eight to four satellites each.[^7] Orbcomm noted that there
    would be no increase in the number of satellites in orbit, but that
    the satellites would be redistributed toward the lower inclination
    orbital planes. Orbcomm amended the March 1999 Modification
    Application a second time in February 2000 ("February 2000
    Amendment") to respond to objections from Leo One and Final Analysis
    regarding the altitude of the satellites in the equatorial plane. In
    the February 2000 Amendment, Orbcomm revised the requested altitude
    to 975 kilometers. Leo One then withdrew its opposing comments.[^8]

5.  In October 1999, Orbcomm requested authority to launch the
    satellites in its proposed fourth 45° inclination plane in order to
    meet a launch scheduled for December 1999.[^9] The Satellite and
    Radiocommunication Division granted this unopposed application
    because it did not change the overall spectrum utilization
    characteristics established in Orbcomm's second round license as
    modified in July 1998.[^10] After it launched this plane of
    satellites, Orbcomm requested special temporary authority to operate
    the satellites because no other Little LEO licensees were scheduled
    to become operational during the six months of authority
    requested.[^11] The Division granted special temporary authority,
    but conditioned it on Orbcomm ceasing operations over the fourth
    45°-inclination plane if and when another Little LEO licensee
    commenced commercial operations.[^12]

# DISCUSSION

6.  Orbcomm's March 1999 Modification Application, as amended, requests
    authority to make four changes to four of the seven planes that make
    up Orbcomm's Little LEO system. First, Orbcomm seeks to reduce the
    number of satellites in its equatorial plane, from eight to seven
    satellites. Second, it seeks to increase the altitude of the
    equatorial plane from 825 to 975 kilometers. Third, Orbcomm asks for
    unconditional authority to operate a fourth plane at 45°
    inclination.[^13] Fourth, Orbcomm proposes to cut in half the number
    of satellites in each of its two highly inclined planes at 70° and
    108°, from eight to four.

7.  Orbcomm shares its uplink spectrum in the 148.0-149.9 MHz frequency
    band with Leo One, Final Analysis, and E-SAT, Inc.[^14] Final
    Analysis asserts that there is a significant uncertainty as to the
    appropriate measure of potential interference among NVNG MSS
    licensees in dynamically shared uplink frequencies, so the
    Commission must establish an interference standard before it acts
    upon the Orbcomm application.[^15] In the downlink direction,
    Orbcomm shares its spectrum in the 137.0-138.0 MHz frequency band
    with E-SAT.[^16] Final Analysis, which does not share downlink
    spectrum with Orbcomm, nevertheless argues that we should deny
    Orbcomm's proposed change in altitude. Final Analysis argues that
    Orbcomm has not provided sufficient information to support a finding
    that its requested increase in altitude for the equatorial plane
    will not cause interference to other Little LEO systems operating in
    the shared downlink band.[^17] Final Analysis also argues that
    Orbcomm's out-of-band emissions in its downlinks at a higher
    altitude could affect Final Analysis's system.[^18] Final Analysis
    also notes that its constellation is licensed at an altitude of 1000
    kilometers, and fears that Orbcomm satellites operating at the same
    altitude, as Orbcomm initially proposed, would crowd its
    constellation.[^19] Final Analysis did not, however, comment on
    Orbcomm's revised proposal to operate the equatorial plane at 975
    kilometers.

8.  As an initial matter, we will not prescribe an appropriate measure
    of potential interference for the Little LEO licensees, as Final
    Analysis requests. As the Commission noted in a decision on Final
    Analysis's system, such a measure is necessarily based upon a set of
    subjective assumptions about worst-case scenarios.[^20] The spectrum
    available for Second Round Little LEO systems could not accommodate
    all proposed systems. To resolve a potential mutually exclusive
    situation, the five applicants presented the Commission with a
    frequency sharing agreement that they asserted would accommodate
    them all. The agreement required Little LEO systems to share the
    identified spectrum, including the uplink frequencies whose use is
    in dispute here.[^21] The Commission relied upon the applicants'
    Joint Proposal, and the assumptions about acceptable interference
    inherent in the Joint Proposal, in adopting its Second Round *Report
    and Order* and the five individual second round licenses.[^22] If
    the applicants had not agreed to a plan that accommodated them all,
    the Commission would have adopted another selection mechanism to
    choose among the mutually exclusive applications. As before, we are
    not in a position to dictate an appropriate measure of potential
    interference among the Little LEO licensees sharing uplink spectrum.

9.  With respect to Orbcomm's specific modification requests, we note
    that we have authorized several modifications to Orbcomm's system
    subsequent to the issuance of the second round licenses, including a
    request to substitute the equatorial plane for one authorized plane
    at a 45º inclination. We approved these requests because none of the
    Little LEO licensees sharing the affected frequency bands objected
    to the proposed changes. To the contrary, where another Little LEO
    licensee objects to a proposed change, we compare the applicant's
    proposed system with its second round license to determine whether
    the modification increases the potential for interference with
    co-frequency Little LEO systems. We now evaluate each of Orbcomm's
    proposed modifications in that manner.

10. Orbcomm first proposes to decrease the number of satellites in its
    two highly inclined planes, from eight to four. No other Little LEO
    licensee opposes this modification. Further, fewer in-orbit
    satellites in these planes will result in a decrease in potential
    interference to any other Little LEO systems. We therefore grant
    this request.

11. Second, to maintain the number of satellites licensed to its
    constellation in the second round, Orbcomm proposes to shift the
    eight satellites taken from its two highly inclined planes to
    re-create a fourth plane at 45° inclination. No other Little LEO
    licensee opposes this request. Further, the proposed modification
    returns Orbcomm's system to the number of 45° inclination planes
    initially authorized in its second round license. Accordingly, we
    grant Orbcomm's request for regular authority to operate four planes
    at 45° inclination.

12. Orbcomm's final two proposed changes relate to its equatorial plane.
    Orbcomm seeks to increase the altitude of the plane from 825
    kilometers to 975 kilometers, and to reduce the number of satellites
    in the plane from eight to seven. Because we find that a reduced
    number of satellites in a plane results in a decrease in potential
    interference, we grant the request to reduce the number of
    satellites in the equatorial plane. The proposed increase in
    altitude raises concerns regarding orbital debris, however, and it
    has the potential to increase electrical interference to other
    Little LEO systems. We address the orbital debris issues first.

13. The Commission has addressed issues regarding orbital debris and
    satellite systems on a case-by-case basis.[^23] Such concerns
    regarding Orbcomm's Little LEO system have been addressed twice
    previously. In 1997, Orbcomm proposed an increase in altitude of its
    constellation to avoid potential collision between its satellites
    and those in the Iridium constellation.[^24] In 1997, the Commission
    sought, and in 1998 received, advice from the National Aeronautics
    and Space Administration ("NASA") on orbital debris issues relating
    to Orbcomm's satellite constellation, particularly the orbital
    lifetime of its satellites.[^25]

14. Both the Commission's request and NASA's response focused on an
    optimal post-mission lifetime for LEO systems of 25 years.[^26] U.S.
    Government Standard Practices recommend that LEO system operators
    dispose of their spacecraft at the end of their mission lifetime
    through atmospheric reentry.[^27] For LEO systems, this may be
    accomplished either by using the spacecraft's propulsion system to
    propel the spacecraft out of orbit and into the Earth's atmosphere,
    or by leaving the spacecraft in an orbit in which it will remain for
    no longer than 25 years after mission completion.[^28] NASA advised
    the Commission that Orbcomm's satellites at 825 kilometers would
    have a post-mission lifetime greater than 25 years, but that their
    "slightly longer-than-desired projected orbital lifetime might be
    viewed as an acceptable variance for an established system."[^29]

15. Because Orbcomm's proposed increase in altitude for satellites in
    the equatorial plane from 825 to 975 kilometers is likely to
    increase substantially their orbital lifetime, we cannot conclude on
    the record before us today that this increased altitude would be
    consistent with the public interest, unless steps are taken to
    reduce the orbital lifetime of those satellites. Consequently, if
    Orbcomm wishes to implement this change in altitude, we will require
    it to adopt measures to address the orbital lifetime of satellites
    in its proposed equatorial plane through a revised propulsion
    system, or through other measures to reduce their orbital
    lifetime.[^30] If Orbcomm chooses not to or is unable to meet this
    condition, it will be required to deploy the satellites in the
    equatorial plane at an altitude of 825 kilometers.

16. Further, we note that in Final Analysis' comments on Orbcomm's
    modification, it claims that the change in altitude will cause a
    potential increase in usage of shared uplink bands.[^31] This is
    because the higher altitude will expand the "footprint" or coverage
    area of the satellites into Hawaii and the extreme southern reaches
    of the continental United States. The expansion of Orbcomm's
    potential customer base into parts of the United States not
    previously covered by the equatorial plane will affect potential
    usage by the other Little LEO systems in these areas because a
    limited number of users can operate in the shared uplink
    frequencies. Consequently, an increase in the number of customers
    using the Orbcomm system at any one time will decrease the number of
    available channels for other Little LEO systems. We consider Final
    Analysis's comments an objection to Orbcomm's proposed change in
    altitude, on the basis that it will cause a potential increase in
    usage of shared uplink bands. We find that an increase in altitude
    of the equatorial plane has the potential to increase interference
    to other Little LEO systems sharing uplink frequency bands in Hawaii
    and the extreme southern reaches of the continental United
    States.[^32] Because of this increase in potential interference to
    other Little LEO systems, we will not permit Orbcomm to serve the
    United States from the equatorial plane at the higher altitude in
    the absence of agreement among all potentially affected Little LEO
    licensees.

17. Nevertheless, we recognize that Orbcomm may wish to provide
    international service from its system. We will not condition
    international operations on agreement among all potentially affected
    Little LEO licensees. While the change in altitude of Orbcomm's
    equatorial plane also has the potential to affect its coordination
    with other Little LEO systems in areas outside the United States, we
    believe it is premature to attempt to resolve international sharing
    difficulties between U.S.-licensed Little LEO systems before they
    arise.[^33] We will, instead, retain our flexibility to implement
    coordination methods that are most appropriate to the given set of
    circumstances that might arise from co-frequency Commission
    licensees operating outside the United States.

# CONCLUSION

18. We allow Orbcomm to reduce the number of satellites in its
    equatorial plane, from eight to seven satellites. We also allow
    Orbcomm to increase the altitude of that equatorial plane from 825
    to 975 kilometers subject to Orbcomm developing debris mitigation
    measures. We also condition Orbcomm's operation of its equatorial
    plane by prohibiting service to the United States from that plane at
    the higher altitude absent agreement from all potentially affected
    Little LEO licensees sharing uplink frequency bands with Orbcomm. We
    allow Orbcomm permanent authority to operate its fourth plane of
    satellites at 45º inclination, and we allow Orbcomm to cut in half
    the number of satellites in each of its two highly inclined planes
    at 70° inclination and 108° inclination, from eight to four.

# ordering clauses

19. Accordingly, IT IS ORDERED, subject to the conditions set forth in
    this Order and Authorization, that Application File No.
    SAT-MOD-19990318-00029 for modification of Orbital Communications
    Corporation's non-voice, non-geostationary mobile-satellite system,
    as amended, File No. SAT-AMD-19990927-00092 and File No.
    SAT-AMD-20000120-00001, IS GRANTED in accordance with the technical
    specifications set forth in the application, consistent with the
    Commission's rules, and as conditioned by this Order.

20. IT IS FURTHER ORDERED that Orbital Communications Corporation IS
    AUTHORIZED to operate its equatorial plane of satellites at an
    altitude of 975 kilometers on the condition that Orbital
    Communications Corporation either lowers the satellites in the
    equatorial plane at the end of their operating lifetime to an orbit
    from which they can be reasonably expected to re-enter the Earth's
    atmosphere within 25 years, , or through other measures to reduce
    their orbital lifetime. IT IS FURTHER ORDERED that Orbital
    Communications Corporation may not serve the United States from
    satellites operating in the equatorial plane at an altitude of 975
    kilometers absent agreement from all potentially affected Little LEO
    licensees sharing its uplink frequency bands.

21. If Orbital Communications Corporation cannot meet the debris
    mitigation measures condition in Paragraph 20 of this Order and
    Authorization, IT IS FURTHER ORDERED that the authorized initial
    altitude of the equatorial plane shall remain 825 kilometers.
    Orbital Communications Corporation may serve the United States from
    satellites operating in the equatorial plane at this altitude.

22. IT IS FURTHER ORDERED that in the event Orbital Communications
    Corporation chooses to launch satellites in its equatorial plane to
    an altitude of 975 kilometers, it shall submit an application for
    modification of its authorization to include authority for an
    end-of-life disposal, at least 180 days prior to launch of any
    satellite in its equatorial plane.

23. IT IS FURTHER ORDERED that Orbital Communications Corporation will
    prepare the necessary submissions to the International
    Telecommunication Union (ITU) and to affected administrations for
    the completion of the appropriate advance publication, coordination,
    and notification obligations for these space stations and their
    modifications in accordance with the ITU Radio Regulations. 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).

24. IT IS FURTHER ORDERED that Orbital Communications Corporation is
    afforded thirty days from the release of this Order and
    Authorization to decline this authorization. Failure to respond
    within that period will constitute formal acceptance of the
    authorization.

25. IT IS FURTHER ORDERED that this Order and Authorization is issued
    pursuant to Section 0.261 of the Commission's Rules, 47 C.F.R. §
    0.261. 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 and 1.115, may be filed within 30 days of
    the date of public notice of this Order and Authorization (see 47
    C.F.R. § 1.4(b)(2)).

> FEDERAL COMMUNICATIONS COMMISSION

Donald Abelson

Chief, International Bureau

[^1]: *Orbital Communications Corp.*, Order and Authorization, 9 FCC
    Rcd. 6476 (1994) ("*First Round Orbcomm License*"), *recon. denied*,
    10 FCC Rcd. 7801 (1995).

[^2]: *Orbital Communications Corp.*, Order and Authorization, 13 FCC
    Rcd. 10828 (1998) ("*Orbcomm License*").

[^3]: Orbital Communications Corporation Modification Application, File
    No. 109-SAT-ML-98 (filed April 15, 1998).

[^4]: *Id.* at Technical Attachment p. 3.

[^5]: Orbital Communications Corporation Modification Application, File
    No. SAT-MOD-19990318-00029 (filed March 18, 1999).

[^6]: Final Analysis Communication Services, Inc., Comments (filed May
    27, 1999); Leo One Worldwide, Inc., Comments (filed May 27, 1999).

[^7]: Orbital Communications Corporation Amendment to Modification
    Application, File No. SAT-AMD-19990927-00092 (filed September 27,
    1999).

[^8]: Letter from Robert A. Mazer, counsel to Leo One Worldwide, Inc.,
    to Magalie R. Salas, Secretary, Federal Communications Commission
    (June 6, 2000). *See also* Letter from Aileen A. Pisciotta, Counsel
    for Final Analysis Communication Services, Inc. and Stephen L.
    Goodman, Counsel for Orbital Communications Corporation, to Donald
    Abelson, Chief, International Bureau (March 3, 2000) which says that
    "\[a\]ssuming acceptance by the Commission of Final Analysis's
    proposals on the record, and without prejudice to Orbcomm's right to
    maintain its position under Section 25.142(a)(1), to the extent that
    the parties have objected to the proposed constellation
    modifications of the other, those objections are hereby withdrawn."
    While the Commission encourages applicants to settle their
    differences, it is not clear whether Final Analysis's conditional
    withdrawal was ever effected. Consequently, we continue to consider
    Final Analysis's comments in acting upon Orbcomm's application.

[^9]: Orbital Communications Corporation Modification Application, File
    No. SAT-MOD-19991021-00099 (filed October 21, 1999).

[^10]: *Orbital Communications Corp.,* Order and Authorization, 15 FCC
    Rcd. 1340 (Satellite and Radiocommunciation Div., rel. December 2,
    1999)*.*

[^11]: Orbital Communications Corporation, Request for Special Temporary
    Authority, File No. SAT-STA-20000202-00055 (filed February 2, 2000).

[^12]: Letter from Thomas S. Tycz, Chief, Satellite and
    Radiocommunication Division, to Paul Locke, Senior Director, Systems
    Engineering and Spectrum Management, Orbital Communications
    Corporation (May 16, 2000) ("*Orbcomm STA*"). This authority was
    extended by grant-stamp on January 9, 2001, and again on November
    28, 2001. This special temporary authority will expire on May 28,
    2002.

[^13]: Orbcomm was granted special temporary authority to operate this
    fourth plane in 2000. *Orbcomm STA.*

[^14]: *Orbcomm License*, 13 FCC Rcd at 10834.

[^15]: Final Analysis Comments at 6; Final Analysis, Reply to Opposition
    of Orbcomm, at 2 (filed June 17, 1999).

[^16]: *Orbcomm License*, 13 FCC Rcd at 10836.

[^17]: Final Analysis Comments at 2.

[^18]: *Id.* at 4.

[^19]: *Id.* at 6.

[^20]: *Final Analysis Communications Services, Inc.*, 16 FCC Rcd.
    21463, 21474 at ¶ 35 (2001).

[^21]: Joint Proposal of E-SAT, Inc., Final Analysis Communication
    Services, Inc., Leo One USA Corporation, Orbital Communications
    Corporation, and Volunteers in Technical Assistance (filed Sept. 22,
    1997) ("*Joint Proposal*").

[^22]: *Amendment of Part 25 of the Commission's Rules to Establish
    Rules and Policies Pertaining to the Second Processing Round of the
    Non-Voice, Non-Geostationary Mobile Satellite Service*, Report and
    Order, FCC 97-370, 13 FCC Rcd 9111 (1997) ("*Report and Order"*).

[^23]: *See* *Mitigation of Orbital Debris*, Notice of Proposed
    Rulemaking*,* FCC 02-80 (released March 18, 2002) ("*Mitigation of
    Orbital Debris Notice*") at ¶ 16.

[^24]: *See* Orbital Communications Corporation application to modify
    its non-voice, non-geostationary satellite service license, File No.
    194-SAT-ML-97 (filed Sept. 26, 1997), Technical Appendix.

[^25]: *See* Letter dated December 31, 1997 from William Kennard,
    Chairman, FCC, to Daniel S. Goldin, Administrator, NASA; Letter
    dated February 11, 1998 from Daniel S. Goldin, Administrator, NASA,
    to William Kennard, Chairman, FCC; Letter dated March 4, 1998 from
    Nicholas L. Johnson, NASA Chief Scientist for Orbital Debris, to
    Karl Kensinger, FCC International Bureau (the "*NASA Orbcomm
    Letter*").

[^26]: *NASA Orbcomm Letter* at 2.

[^27]: *See* *Mitigation of Orbital Debris Notice* at ¶¶ 52, 56.

[^28]: The altitude from which a spacecraft would reenter the Earth's
    atmosphere in 25 years is roughly 600 kilometers, depending on the
    characteristics of the spacecraft and variations in atmospheric drag
    due to solar activity. *Mitigation of Orbital Debris Notice* at ¶
    56.

[^29]: NASA Orbcomm letter at 3.

[^30]: *See Mitigation of Orbital Debris Notice* at ¶¶ 52-53.

[^31]: *See* ¶ 7, *supra*.

[^32]: We calculate this potential reach of Orbcomm's space stations
    from the equatorial plane using basic principles of orbital
    mechanics, including satellite range and angle of elevation. Taking
    a space station in Orbcomm's constellation at the proposed
    equatorial plane altitude of 975 kilometers, and an Earth station
    with an elevation angle of five degrees, the space station has the
    potential to communicate as far north as 25.2 degrees latitude.

[^33]: *First Round Orbcomm License*, 9 FCC Rcd at 6478.