# Before the

# Federal Communications Commission

# Washington, D.C. 20554

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| In the Matter of                 | * | File No. 200-SAT-P/LA-95     |
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| Application for Authority to     | * |                              |
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# ORDER AND AUTHORIZATION

**Adopted:** January 30, 2001 **Released:** January 31, 2001

By the Chief, International Bureau:

# INTRODUCTION

1.  By this Order, we modify VisionStar, Inc.'s ("VisionStar's") license
    to launch and operate a satellite system in the
    geostationary-satellite orbit ("GSO") to provide fixed-satellite
    service ("FSS") in a portion of the Ka-band.[^1] In particular, we
    specify additional downlink operating frequencies for
    satellite-to-user transmissions.

###### BACKGROUND

2.  In May 1997, as part of the first Ka-band processing round, the
    International Bureau authorized VisionStar to launch and operate a
    GSO satellite to provide FSS in the Ka-band.[^2] VisionStar intends
    to use this system to provide a video distribution service with
    interactive capability intended to serve consumers, primarily in
    urban areas, in conjunction with CellularVision's Local Multipoint
    Distribution Service. VisionStar also proposes a broadband
    infrastructure offering distance learning, high-speed Internet
    services, interactive data, e-mail and video conferencing abilities.
    VisonStar is authorized to operate one satellite at 113° W.L.[^3]
    The *VisionStar Authorization Order* permits VisionStar to operate
    its service links -- satellite transmission links to and from user
    units -- in the 28.35‑28.6 GHz and the 29.25-30.0 GHz bands for
    uplink transmissions and the 19.7-20.2 GHz band for downlink
    transmissions.[^4] The *VisionStar Authorization Order* did not
    include additional downlink spectrum requested by VisionStar.[^5]

*Service Downlink Bands*

3.  In its original application, VisionStar requested 1000 megahertz of
    spectrum at 18.55-18.8 GHz and 19.45-20.2 GHz for its service
    downlink bands.[^6] The Ka-band arrangement in effect at that time,
    however, designated only the 17.7-18.8 GHz and 19.7-20.2 GHz bands
    for GSO FSS downlink operations.[^7] Consistent with the band
    arrangement, we authorized VisionStar to operate on 500 megahertz at
    19.7-20.2 GHz for its service downlinks. We stated that VisionStar
    could make up the remaining 500 megahertz by operating in a portion
    of the 17.7-18.8 GHz frequency band. Nevertheless, because
    VisionStar had not applied for specific operating frequencies in
    this band, and because the Ka‑band arrangement in effect at the time
    required GSO FSS operations in this band to be conducted on a
    co-primary basis with other services, we found it was premature to
    grant VisionStar operating authority in any portion of this
    band.[^8] Rather, we directed VisionStar to file a license
    modification application when it determined which 500 megahertz it
    wished to use in the 17.7-18.8 GHz band.[^9] Since that time, the
    Commission has released the *18 GHz Report and Order*, which
    designated the 18.3-18.8 GHz portion of the 17.7-18.8 GHz band for
    GSO FSS downlink operations.[^10]

    *Compliance With Frequency Re-use Requirements*

4.  In the *VisionStar Authorization Order*, we indicated that
    VisionStar did not plan to employ frequency re-use.[^11] In a letter
    dated April 1, 1998, VisionStar disputed this, referring to the
    technical discussion contained in its original application, and
    requested confirmation that it is fully in compliance with the
    Commission's Ka-band rules concerning frequency re-use.[^12]

# DISCUSSION

####### A. Service Downlink Bands

5.  Recently, the Commission adopted rules for the deployment of
    services in the 17.7-20.2 GHz band ("18 GHz band").[^13] These rules
    are designed to reduce potential interference among the terrestrial
    and satellite services allocated in the band. The new band
    arrangement redesignates much of the spectrum that had been
    designated for co-primary satellite and terrestrial use as exclusive
    spectrum for either service. This should reduce the need to
    coordinate with other services. Under the band arrangement adopted
    in the *18 GHz Report and Order*, the Commission retained the
    19.7-20.2 GHz band for GSO FSS primary use, and split the 17.7-18.8
    GHz band, originally shared on a co-primary basis by GSO FSS and the
    terrestrial fixed-service ("FS"), into three designations.
    Specifically, the Commission designated 500 megahertz to FS for
    primary use in the 17.7-18.3 GHz band, 280 megahertz for co-primary
    use by GSO FSS and FS in the 18.3-18.58 GHz band, and 220 megahertz
    to GSO FSS for primary use in the 18.58-18.8 GHz band.[^14] In
    adopting this band arrangement, the Commission stated that a total
    720 megahertz of unshared GSO FSS downlink spectrum (the 18.58-18.8
    GHz band along with the 19.7-20.2 GHz band), plus the flexible rules
    that permit sharing of 280 megahertz at 18.3-18.58 GHz, will enable
    each system to have ample spectrum and allow multiple systems to
    operate.[^15]

6.  VisionStar has applied for 1000 megahertz of downlink spectrum.[^16]
    In 1997, we authorized VisionStar to operate on 500 megahertz at
    19.7-20.2 GHz.[^17] We stated, however, that we were not in a
    position, at that time, to grant its request for the remaining 500
    megahertz of downlink spectrum given the 18 GHz band arrangement
    then in effect. The Commission, however, recently designated 500
    megahertz of spectrum at 18.3-18.8 GHz for downlink GSO FSS
    operations.[^18] Consequently, on our own motion we authorize
    VisionStar to operate its satellite downlinks in the 18.3-18.8 GHz
    band in accordance with the *18 GHz Report and Order*.[^19]

7.  In addition, VisionStar must coordinate with the U.S. Government
    systems operating in the 17.7-18.8 GHz band in accordance with
    footnote US 334 to the Table of Frequency Allocations.[^20] We note
    that Government GSO and NGSO FSS networks are presently operating in
    the 18.3-18.6 GHz and 19.7-20.2 GHz bands, and plan to operate in
    accordance with the power flux-density limits contained in the
    current ITU Radio Regulations.[^21] Additionally, we note that
    VisionStar must also comply with footnote US 255 to the Table of
    Frequency Allocations which contains power flux-density limits to
    protect the Earth exploration-satellite service (passive) for the
    18.6-18.8 GHz band.[^22]

####### B. Compliance With Frequency Re-use Requirements

8.  Upon further examination of VisionStar's original application, we
    conclude that VisionStar intends to employ orthogonal polarization
    as a means of frequency re-use for its Ka-band satellite, and
    therefore it is in full compliance with Section 25.210(e) of our
    rules.[^23]

# CONCLUSION

9.  Accordingly, upon review, we modify VisionStar's Ka-band system
    license to assign additional downlink frequencies. This will allow
    VisionStar to provide a variety of advanced broadband communication
    services to businesses and consumers.

# V. ORDERING CLAUSES

10. Accordingly, IT IS ORDERED that the license granted to VisionStar,
    Inc. by Order and Authorization, 13 FCC Rcd 1428 (1997) IS MODIFIED
    to assign an additional 500 MHz of spectrum for its downlink
    operations in the 18.3-18.8 GHz band in accordance with the Report
    and Order, *In the Matter of 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 Use*, Report
    and Order, 15 FCC Rcd 13430 (2000).

11. IT IS FURTHER ORDERED that VisionStar, Inc. must coordinate all of
    its Ka-band downlink operations with the U.S. government systems in
    accordance with footnote US 334 to the Table of Frequency
    Allocations, 47 C.F.R. § 2.106.

12. IT IS FURTHER ORDERED that VisionStar, Inc. is subject to all terms
    and conditions in its original Authorization Order, 13 FCC Rcd 1428
    (1997), including the implementation milestones.

13. IT IS FURTHER ORDERED that VisionStar, Inc. is afforded thirty 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.

14. This Order is issued pursuant to Section 0.261 of the Commission's
    rule 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]: The term "Ka-band" generally refers to the space-to-earth
    (downlink) frequencies at 17.7-20.2 GHz and the corresponding
    earth-to-space (uplink) frequencies at 27.5-30.0 GHz.

[^2]: *See In the Matter of VisionStar, Inc. Application for Authority
    to Construct, Launch, and Operate a Ka‑band Satellite System in the
    Fixed-Satellite Service,* 13 FCC Rcd 1428 (Int'l Bur. 1997)
    ("*VisionStar* *Authorization Order*"). We note that on December 15,
    2000, an application for transfer of control of VisionStar to
    EchoStarVisionStar Corporation was filed with the Commission. We
    will consider this application in a separate proceeding.

[^3]: *VisionStar* *Authorization Order* at 1431, ¶ 9. Specifically,
    VisionStar is authorized to operate at a nominal orbit location of
    113.05° W.L., and with a station-keeping box of ±0.05°, thereby
    increasing the separation from the Canadian filing at 111.1° W.L. by
    0.1° relative to the worst case orbital spacing using the
    station-keeping assumed in the International Telecommunication Union
    ("ITU") publications (±0.1°). *Assignment of Orbital Locations to
    Space Stations in the Ka-Band*, Order, 13 FCC Rcd 1030, 1032 n.7
    (Int'l Bur. 1997).

[^4]: *VisionStar Authorization Order* at 1434, ¶ 19.

[^5]: *Id*.

[^6]: *Id*. at 1434, ¶ 18.

[^7]: *Rulemaking to Amend Parts 1, 2, 21 and 25 of the Commission's
    Rules to Redesignate the 27.5 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, 11 FCC Rcd 19005 (1996).

[^8]: *VisionStar Authorization Order* at 1434, ¶ 19.

[^9]: *Id.* VisionStar is required to complete construction of its
    satellite by April 2002 and launch and operate its satellite by May
    2002. *Id.* at 1438, ¶ 32. On May 17, 1999, VisionStar requested us
    to toll the milestone deadlines for its satellite, contending that
    it could not proceed with construction until it knew what additional
    downlink frequencies would be granted for Ka-band systems. *See*
    Letter from Michael R. Gardner to Cassandra Thomas, Deputy Chief,
    Satellite and Radiocommunication Division (December 14, 1999), that
    references and attaches an earlier letter from Shant Hovnanian to
    Thomas S. Tycz, Chief, Satellite and Radiocommunication Division
    (May 17, 1999). We will consider this request in a future Order.

[^10]: *See 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*, IB Docket No. 98-172, Report
    and Order, 15 FCC Rcd 13430 (2000) ("*18 GHz Report and Order*"),
    *petition for review pending*, *Teledesic LLC v. FCC*, D.C. Cir. No.
    00-1466 (filed November 6, 2000).

[^11]: *VisionStar Authorization Order* at 1432-33, ¶ 13.

[^12]: *See* Letter from Michael R. Gardner to Thomas S. Tycz, Chief,
    Satellite and Radiocommunication Division (April 1, 1998).

[^13]: *See* *18 GHz Report and Order*, 15 FCC Rcd 13430.

[^14]: *Id.* at 13443 ¶ 28.

[^15]: *Id.* at 13444 ¶ 30.

[^16]: *VisionStar Authorization Order* at 1434, ¶ 18.

[^17]: *See id.* at 1434, ¶ 19.

[^18]: *See* *18 GHz Report and Order*, 15 FCC Rcd 13430.

[^19]: *Id*.

[^20]: 47 C.F.R. § 2.106 US 334 (as revised in the *18 GHz Report and
    Order*, 15 FCC Rcd at 13489). This footnote requires coordination of
    non-Government systems with U.S. Government GSO and NGSO FSS systems
    in the 17.8-20.2 GHz band.

[^21]: *See* *18 GHz Report and Order*, 15 FCC Rcd at 13473, ¶ 90. These
    power flux-density limits are -115/-105 dB (W/m^2^) in any 1
    megahertz, depending upon the angle of arrival in the 18.3-18.6 GHz
    band. There are currently no power flux-density limits in the
    19.7-20.2 GHz band. *See* Letter from William T. Hatch, NTIA to Dale
    Hatfield, Chief, Office of Engineering and Technology, FCC (March
    29, 2000).

[^22]: 47 C.F.R. § 2.106 US 255 (as revised in the *18 GHz 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 -95 dB(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.

[^23]: 47 C.F.R. § 25.210 (e).