*Pages 1--12 from  Microsoft Word - 43236.doc*
 Federal  Communications  Commission  DA  04-  3164 
 3 
 to  a  previously  licensed  satellite.  Pursuant  to  Section  25.156(  a),  the  Commission  will  grant  GSO-  like  applications  if  the  Commission  finds  that  the  applicant  is  legally,  technically  and  otherwise  qualified,  that 
 the  proposed  facilities  and  operations  comply  with  all  applicable  rules,  regulations,  and  policies,  and  that  grant  of  the  application  will  serve  the  public  interest,  convenience  and  necessity.  13  Accordingly  we 
 review  EchoStars  application  to  determine  whether  EchoStar  is  legally  and  technically  qualified  to  hold  a  satellite  license.  For  reasons  discussed  below,  we  find  that  EchoStar  is  legally  qualified.  We  also  find 
 that  EchoStar  is  technically  qualified,  in  part  because  it  has  provided  adequate  justification  for  waivers  of  several  technical  requirements. 

 a.  INTERNATIONAL  COORDINATION 
 6.  In  the  First  Space  Station  Reform  Report  and  Order,  the  Commission  explained  that  U.  S.  licenses  assigned  to  a  particular  orbit  location  in  a  first-  come,  first-  served  approach  take  their  licenses 
 subject  to  the  outcome  of  the  international  coordination  process  and  that  the  Commission  does  not  guarantee  the  success  of  this  coordination.  14  The  Commission  specifically  noted  that  this  may  mean  that 
 the  U.  S.-  licensee  may  not  be  able  to  operate  its  system  if  the  coordination  cannot  be  appropriately  completed.  Indeed,  with  the  first-  come,  first-  served  approach,  we  assign  applicants  to  the  orbit  location 
 that  is  requested.  Consequently,  the  applicant  assumed  the  coordination  risk  when  choosing  the  particular  orbit  location  at  the  time  it  submitted  its  application.  15  As  a  general  practice,  U.  S.  licenses,  including  the 
 Echostars  authorization  here,  are  conditioned  to  reflect  this  Commission  policy.  16  Therefore,  we  find  that  the  conditions  proposed  by  New  Skies  are  partially  redundant  with  our  standard  condition  and 
 otherwise  unnecessary  in  this  instance.  17 

 B.  Legal  Qualifications 
 7.  EchoStar  states  that  it  holds  numerous  Commission  satellite  licenses,  and  that  its  legal  qualifications  are  a  matter  of  record  before  the  Commission.  18  We  agree  with  EchoStar  on  this  issue. 

 Moreover,  no  one  has  questioned  EchoStars  legal  qualifications  to  acquire  a  new  satellite  license.  Accordingly,  we  find  that  EchoStar  is  legally  qualified  to  hold  a  satellite  license. 

 13  47  C.  F.  R.    25.  156(  a). 
 14  See  First  Space  Station  Reform  Order,  18  FCC  Rcd  at  10797  (para.  96).  See  also  Pegasus  Development 
 Corporation,  Application  for  Authority  to  Construct,  Launch,  and  Operate  a  Ka-  Band  Satellite  System  in  the  Fixed-Satellite  Service,  Order  and  Authorization,  16  FCC  Rcd  14378,  14386  (para.  24)  (Intl  Bur.,  2001). 

 15  Id. 
 16  See  para.  37,  infra. 
 17  New  Skies  requests  us  to  add  conditions  similar  to  the  ones  it  requested,  and  which  we  imposed  upon 
 Papua  New  Guineas  Telstar  13,  when  we  added  that  satellite  to  the  Permitted  Space  Station  List.  See  Loral  SpaceCom  Corp.,  Petition  for  Declaratory  Ruling  to  Add  Telstar  13  to  the  Permitted  Space  Station  List,  Order,  18 

 FCC  Rcd  16374,  16380-  81  (para.  17)  (Satellite  Div.,  2003).  (Telstar  13  Order)  As  a  preliminary  matter,  we  note  that  the  Telstar  13  conditions  are  similar  to  the  conditions  generally  imposed  on  U.  S.  licensees.  However,  because 
 Telestar  13s  authorization  was  issued  by  Papua  New  Guinea,  we  added  certain  additional  conditions  to  ensure  that  transmissions  to  or  from  earth  stations  in  the  United  States  did  not  cause  harmful  interference  to  a  satellite  with 
 higher  ITU  priority  or  otherwise  conflict  with  coordination  agreements  between  Papua  New  Guinea  and  the  Netherlands.  Because  under  normal  circumstances,  the  United  States  does  not  have  access  to  coordination 
 agreements  where  the  United  States  is  not  a  party  to  the  agreement,  and  because  the  United  States  does  not  have  jurisdiction  to  terminate  operations  over  foreign  satellites,  such  as  Telstar  13,  it  was  necessary  to  specify  the 
 conditions  of  Telstar  13s  access  to  the  U.  S.  market.  That  is  not  the  case  here. 
 18  121W  Application  at  p.  6. 
3
 Federal  Communications  Commission  DA  04-  3164 
 5 
 and  footnote  2  of  Section  25.202(  a)(  1)  26  of  the  Commissions  rules  limit  FSS  operations  in  these  bands  to  international  service  only.  27  The  Commission  found  that  restricting  FSS  use  of  these  bands  to 
 international  systems  would  limit  the  number  of  FSS  earth  stations  with  which  the  co-  primary  terrestrial  wireless  fixed-  service  (FS)  would  need  to  coordinate.  28  The  Commission  subsequently  declined  to  amend 
 Footnote  NG104  to  exempt  NGSO  FSS  user  terminals  because  that  would  permit  a  ubiquitous  deployment  of  earth  stations  that  would  hamper  development  of  terrestrial  services.  29  Accordingly,  a 
 satellite  may  provide  downlink  service  into  the  United  States  and  its  Possessions  (US&  P)  in  the  10.95-  11.2  GHz  and  11.45-  11.7  GHz  only  if  the  uplink  originates  outside  the  US&  P. 

 11.  EchoStar  requests  waivers  of  footnote  NG104  of  the  U.  S.  Table  of  Allocations  and  footnote  2  of  Section  25.202(  a)(  1)  to  the  extent  necessary,  to  provide  both  domestic  and  international 
 service  from  the  proposed  satellite.  30  EchoStar  claims  that  operation  of  consumer  receive-  only  antennas  on  an  uncoordinated  basis  will  not  inhibit  or  otherwise  negatively  impact  the  operations  of  authorized  FS 
 stations  in  the  band.  31  Specifically,  EchoStar  contends  that  FS  operations  will  be  protected  from  interference  because  the  satellite  downlink  will  comply  with  the  power  flux  density  limits  set  out  in  the 
 Commissions  rules.  32  With  respect  to  potential  interference  from  FS  transmissions,  EchoStar  expects  that  its  receive-  only  earth  stations  can  co-  exist  with  FS  stations  in  most  geographic  areas  of  the  United 
 States  while  maintaining  an  acceptable  quality  of  service.  33  EchoStar  contends  that  certain  mitigating  factors,  such  as  buildings,  foliage  and  terrain  will  naturally  block  FS  signals.  34  EchoStar  also  proposes  to 
 employ  interference  mitigation  techniques,  including  careful  placement  of  the  receiver  and/  or  additional  shielding  of  the  receive-  only  earth  stations,  in  areas  where  interference  from  FS  transmitting  stations  is 
 high.  35  Finally,  EchoStar  states  its  willingness  to  accept  any  level  of  interference  from  FS  stations  into  its  earth  stations  in  the  extended  Ku-  band.  36  Thus,  according  to  EchoStar,  this  would  not  undermine  the 
 underlying  policy  of  footnote  NG104,  because  FS  operations  will  not  be  negatively  impacted  by  EchoStars  operations. 

 12.  EchoStar  expresses  its  willingness  to  comply  with  footnote  NG104  and  footnote  2  of  Section  25.202(  a)(  1)  in  the  event  that  the  Commission  does  not  grant  the  requisite  waiver  requests.  37  In 
 this  event,  EchoStar  states  it  is  prepared  to  conduct  uplink  transmissions  exclusively  from  other  countries, 
 26  47  C.  F.  R.  25.202(  a)(  1)  footnote  2  states  [  u]  se  of  this  by  geostationary  satellite  orbit  satellite  systems  in 
 the  fixed-  satellite  service  is  limited  to  international  systems;  i.  e.,  other  than  domestic  systems.  27 
 See  Satellite  Services,  26  RR  2d  1257,  1263-  65  (1973),  and  GWARC  Inquiry,  70  FCC  2d  1193,  1252  (1978).  See  also  Assignment  of  Orbital  Locations  to  Space  Stations  in  the  Domestic  Fixed  Satellite  Service  and  the 

 Applications  of  GE  American  Communications,  Inc.,  Order  and  Authorization,  15  FCC  Rcd  3385  (Sat.  &  Radiocomm.  Div.  1999). 
 28  Id. 
 29  Amendments  of  Parts  2  and  25  of  the  Commissions  Rules  to  Permit  Operation  of  NGSO  FSS  Systems  Co-Frequency 
 with  GSO  and  Terrestrial  Systems  in  the  Ku-  Band  Frequency  Range  (First  Report  and  Order  and  Further  NPRM),  FCC  00-  418,  16  FCC  Rcd  4096,  4111-  12  (paras.  29  and  31)  (2000)  (Ku-  band  NGSO  FSS  Order). 

 30  121W  Application  at  p.  8. 
 31  121W  Application  at  p.  9. 
 32  Id. 
 33  Id. 
 34  Id. 
 35  Id. 
 36  Id. 
 37  121W  Application  at  p.  10. 
5
 Federal  Communications  Commission  DA  04-  3164 
 6 
 thereby  operating  the  system  in  a  manner  that  would  qualify  as  international  service.  38 
 13.  Section  1.3  of  the  Commissions  rules  authorizes  the  Commission  to  waive  its  rules  for  good  cause  shown.  39  Waiver  is  appropriate  only  if  special  circumstances  warrant  a  deviation  from  the 

 general  rule,  and  such  deviation  would  better  serve  the  public  interest  than  would  strict  adherence  to  the  general  rule.  40  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.  41  In  considering  requests  for  non-  conforming  spectrum  uses,  the  Commission 
 has  indicated  that  it  would  generally  grant  such  waivers  when  there  is  little  potential  for  interference  into  any  service  authorized  under  the  Table  of  Frequency  Allocations  and  when  the  non-  conforming  operator 
 accepts  any  interference  from  authorized  services.  42 
 14.  In  this  instance,  a  waiver  of  footnote  NG  104  would  not  undermine  the  rules  purpose  because  it  involves  only  passive  receive-  only  earth  stations  that  are  not  capable  of  causing  interference  into 

 FS  stations  operating  in  this  band.  Further,  because,  EchoStar  has  agreed  to  accept  any  level  of  interference  from  FS  stations  into  its  receive-  only  earth  stations  operations  in  the  extended  Ku-  bands,  FS 
 operators  will  not  be  required  to  coordinate  their  station  operations  with  the  EchoStar  receive-  only  earth  stations  operations.  Under  these  circumstances,  we  determine  that  additional  coordination  burden  would 
 not  be  placed  upon  FS  operators  and  that  their  ability  to  expand  service  in  the  future  would  not  in  any  manner  be  restricted.  However,  we  remind  EchoStar  that  it  is  agreeing  to  operate  its  receive  antennas  in 
 the  downlink  extended  Ku-  bands  on  a  non-  interference  basis  relative  to  FS  earth  stations.  Accordingly,  EchoStar  shall  not  claim  protection  from  harmful  interference  from  authorized  FS  stations  to  which 
 frequencies  are  either  already  assigned,  or  may  be  assigned  in  the  future.  In  addition,  we  require  EchoStar  to  inform  its  customers  in  writing,  including  any  customers  receiving  end-  use  service  from  resellers 
 accessing  capacity  on  EchoStar-  121W,  of  the  potential  for  interference  from  FS  operations  in  the  11.45-  11.7  GHz  frequency  band. 

 b.  Tracking,  Telemetry  &  Control  Operations 
 15.  In  addition  to  the  waiver  of  footnote  NG104  for  its  receive-  only  earth  stations  discussed  above,  EchoStar  seeks  a  waiver  of  footnote  NG104  and  footnote  2  of  Section  25.202(  a)(  1)  for  its 

 Tracking,  Telemetry,  and  Control  (TT&  C)  operations.  EchoStar  plans  to  locate  its  TT&  C  earth  stations  in  the  United  States,  and  to  operate  its  TT&  C  links  at  the  edges  of  the  extended  Ku-  bands.  43  Because  a 
 single  earth  station  within  the  United  States  would  both  transmit  uplink  and  receive  downlink  TT&  C  transmissions  in  extended  Ku-  bands,  EchoStars  proposed  TT&  C  operations  do  not  comply  with  footnote 
 NG104.  Therefore,  EchoStar  requests  waivers  of  footnote  NG104  and  footnote  2  of  Section  25.  202(  a)(  1)  of  the  Commissions  rules. 

 38  121W  Application  at  p.  10. 
 39  See  Section  1.  3  of  the  Commissions  rules,  47  C.  F.  R.  1.  3.  See  also  WAIT  Radio  v.  FCC,  418  F.  2d  1153 
 (D.  C.  Cir.  1969)  (WAIT  Radio);  Northeast  Cellular  Tel.  Co.  v.  FCC,  897  F.  2d  1166  (D.  C.  Cir.  1990)  (Northeast  Cellular). 

 40  See  Northeast  Cellular,  897  F.  2d  at  1166. 
 41  See  WAIT  Radio,  418  F.  2d  at  1157. 
 42  See  Fugro-  Chance,  Inc.,  Order  and  Authorization,  10  FCC  Rcd  2860  (para.  2)  (Intl  Bur.,  1995) 
 (authorizing  non-  conforming  MSS  in  the  C-  band);  See  also  Motorola  Satellite  Communications,  Inc.,  Application  for  Modification  of  License,  Order  and  Authorization,  11FCC  Rcd  13952,  13956  (para.  11)  (Intl  Bur.  1996) 

 (authorizing  service  to  fixed  terminals  in  bands  allocated  to  the  mobile-  satellite  service).  43 
 121W  Application  at  Attachment  A,  p.  17. 
6
 Federal  Communications  Commission  DA  04-  3164 
 7 
 16.  EchoStar  argues  that  the  nature  of  TT&  C  operations  is  such  that  TT&  C  transmissions  must  inevitably  uplink  and  downlink  from  the  same  earth  station.  Additionally  EchoStar  contends  that 
 for  reliability  and  cost  reasons,  the  earth  station  should  be  located  in  the  United  States.  EchoStar,  further  argues  that  the  underlying  policy  for  the  rules  will  not  be  undermined  by  granting  this  request,  because 
 the  TT&  C  operations  will  be  primarily  be  conducted  from  one  (or  perhaps  a  small  number  of)  earth  station(  s).  44 

 17.  As  noted  above,  the  Commission  adopted  the  footnote  NG104  restriction  in  order  to  limit  the  number  of  earth  stations  with  which  the  FS  applicants  would  have  to  coordinate.  The  Commission 
 has  waived  this  requirement  where  the  number  of  potential  earth  stations  in  a  particular  service  is  inherently  small.  For  example,  the  Commission  allowed  NGSO  FSS  gateway  stations  to  provide 
 domestic  service  in  the  extended  Ku-  band  because  the  total  number  of  gateway  stations  would  be  relatively  small.  45  Additionally,  the  Commission  waived  footnote  NG104  in  order  to  allow  a  GSO 
 Mobile  Satellite  Service  (MSS)  licensee  to  use  segments  of  the  band  for  domestic  feeder-  link  transmissions,  having  concluded  that  the  waiver  would  not  undermine  the  purpose  of  the  restriction 
 because  it  merely  applied  to  feeder  links  for  one  satellite.  46  The  International  Bureau  also  recently  granted  a  waiver  of  NG104  to  an  applicant  seeking  to  operate  feeder-  links  for  a  single  satellite  with  no 
 more  than  two  feeder-  link  earth  stations.  47  The  Bureau  found  that  the  incremental  impact  of  the  licensees  proposed  use  of  the  extended  Ku-  band  for  feeder-  links  would  not  increase  the  frequency  coordination 
 burden  on  terrestrial  wireless  services  significantly  more  than  the  existing  permitted  use  of  those  bands  by  an  international  system.  48 

 18.  For  similar  reasons,  we  grant  EchoStars  request  for  waiver  of  Footnote  NG104  and  footnote  2  of  Section  25.202(  a)(  1)  for  its  TT&  C  operations.  We  are  authorizing  EchoStar  to  operate  at 
 most,  only  one  TT&  C  earth  station.  49  This  should  not  significantly  increase  the  coordination  burden  on  FS  applicants.  Further,  TT&  C  operations  will  be  conducted  only  at  the  edges  of  the  service  bands.  50 
 Moreover,  we  agree  with  EchoStar  that  TT&  C  signals  must  be  transmitted  from  and  received  at  the  same  earth  station  51  and  forcing  EchoStar  to  locate  its  TT&  C  earth  station  outside  of  the  United  States  would 

 44  121W  Application  at  p.  11. 
 45  Specifically,  the  Commission  noted  that  most  of  the  parties  applying  for  NGSO  FSS  authorization  in  the 
 extended  Ku-  band  were  proposing  to  deploy  fewer  than  five  such  gateway  stations  in  the  United  States.  See  Ku-band  NGSO  FSS  Order,  16  FCC  Rcd  at  4112  (para.  31  and  n.  65). 

 46  See  Amendment  of  Parts  2,  22,  and  25  of  the  Commissions  Rules  to  Allocate  Spectrum  for  and  to 
 Establish  Other  Rules  and  Policies  Pertaining  to  the  Use  of  Radio  Frequencies  in  a  Land  Mobile  Satellite  Service  for  the  Provision  of  Various  Common  Carrier  Services,  Memorandum  Opinion,  Order,  and  Authorization,  4  FCC  Rcd 

 6041,  6081  (para.  70)  (1989).  47 
 See  Boeing  Company,  Applications  For  Modification  of  Authority  For  Use  of  the  1990-  2025/  2165-  2200  MHz  and  Associated  Frequency  Bands  for  a  Mobile-  Satellite  System  and  Applications  For  Authority  to  Launch  and 

 Operate  a  Non-  Geosynchronous  Medium  Earth  Orbit  Satellite  System  in  the  2  GHz  Band  Mobile-  Satellite  Service  and  in  the  Aeronautical  Radionavigation-  Satellite  Service,  Order  and  Authorization,  18  FCC  Rcd  12317,  12322-  24 
 (paras.  14-  18)  (Intl  Bur.  and  OET  2003)  (Boeing  Order). 
 48  See  Boeing  Order,  18  FCC  Rcd  at  12323  (para.  15). 
 49  In  the  Application,  EchoStar  is  not  specific  regarding  the  precise  number  of  TT&  C  earth  stations  it  might 
 require,  beyond  the  one.  Accordingly,  because  EchoStar  has  not  indicated  a  definite  need  for  more  than  one  TT&  C  earth  station  to  be  located  within  the  United  States,  this  waiver  pertains  only  to  a  single  TT&  C  earth  station.  See 

 121W  Application  at  Section  VIIB,  p.  11.  EchoStar  will  be  required  to  coordinate  its  proposed  TT&  C  earth  station  with  terrestrial  stations  pursuant  to  Section  25.  203  of  the  Commissions  rules.  See  also  47  C.  F.  R.  Section  25.  203 
 50  121W  Application  at  Attachment  A,  p.  14.  See  47  C.  F.  R.  25.202(  g) 
 51  121W  Application  at  p.  4. 
7
 Federal  Communications  Commission  DA  04-  3164 
 8 
 adversely  affect  EchoStars  ability  to  maintain  control  of  the  spacecraft.  Thus,  we  grant  EchoStar  a  waiver  of  NG104  to  allow  it  to  provide  TT&  C  to  EchoStar-  121W  from  one  earth  station  located  in  the 
 United  States. 
 19.  Additionally,  based  on  our  review  of  the  technical  information  EchoStars  submitted,  we  conclude  that  EchoStar  complies  with  Section  25.202(  g)  of  the  Commissions  rules  which  requires  the 

 frequencies  selected  for  TT&  C  functions  to  be  at  either  or  both  edges  of  the  allocated  bands. 
 4.  Coordination  with  NTIA 
 20.  The  13.75-  14.  0  GHz  band  has  been  allocated  domestically  and  internationally  to  the  fixed-  satellite  service,  subject  to  restrictions  embodied  in  footnotes  to  the  domestic  and  international  tables 

 of  allocations.  The  13.75-  14.0  GHz  band  is  shared  on  a  primary  basis  with  the  Government  radiolocation  service  and  with  the  forward  space-  to-  space  and  space-  to-  Earth  links  of  the  NASA  Tracking  and  Data 
 Relay  Satellite  (TDRS)  System  in  the  space  research  service.  Consequently,  earth  stations  in  the  US&  P  operating  with  EchoStar-  121W  will  require  coordination  through  the  National  Telecommunications  and 
 Information  Administration  (NTIA)  Interdepartment  Radio  Advisory  Committees  (IRAC)  Frequency  Assignment  Subcommittee  (FAS).  52  We  have  received  a  letter  from  the  NTIA  requesting  that  we  identify 
 this  requirement  in  any  grant  of  authority  to  operate  a  satellite  in  the  13.75-  14.0  GHz  band.  53 
 21.  Domestically,  footnotes  US337,  US356,  and  US357  are  applicable.  54  These  footnotes  place  certain  restrictions  on  FSS  operations  in  order  to  protect  government  operations  in  the  band, 

 including  manned  space  flight.  55  Internationally,  footnotes  5.  502  and  5.503  to  the  International  Telecommunication  Union  (ITU)  Radio  Regulations  place  certain  similar  restrictions  on  FSS  operations.  56 
 The  fundamental  difference  between  the  domestic  and  international  footnotes  is  that  the  international  footnotes  permit  operation  of  antennas  with  diameters  as  small  as  1.2  meters  for  earth  stations  of  a 
 geostationary  FSS  network,  whereas,  the  U.  S.  footnotes  require  a  minimum  earth  station  diameter  of  4.5  meters.  We  require  that  earth  stations  in  the  US&  P  operate  in  accordance  with  the  U.  S.  footnotes  US356 
 and  US357.  For  non-  US&  P  earth  stations  accessing  the  EchoStar-  121W  satellite,  we  require  operation  to 
 52  See  Amendment  of  Parts  2,  25,  and  90  of  the  Commission's  Rules  to  Allocate  the  13.  75-  14.  0  GHz  Band  to 
 the  Fixed-  Satellite  Service,  Report  and  Order,  ET  Docket  No.  96-  20,  11  FCC  Rcd  11951,  11960-  61  (para.  20)  (1996). 

 53  See  Letter  from  William  Hatch,  Acting  Associate  Administrator,  Office  of  Spectrum  Management,  NTIA, 
 to  Roderick  Porter,  Acting  Chief,  International  Bureau,  FCC  (dated  May  11,  1999).  54 
 Footnote  US337  requires  that  earth  stations  operating  in  the  13.  75-  13.  8  GHz  band  be  coordinated  through  the  National  Telecommunications  and  Information  Administration  (NTIA)  Interdepartment  Radio  Advisory 

 Committees  Frequency  Assignment  Subcommittee  to  minimize  interference  to  the  forward  space-  to-  space  link  of  the  National  Aeronautics  and  Space  Administration  Tracking  and  Data  Relay  Satellite  System.  47  C.  F.  R.    2.106 
 US337.  55 
 Footnote  US356  places  a  restriction  on  minimum  antenna  size  of  4.5  meters  for  earth  stations  operating  in  the  13.  75-  14.  0  GHz  band  and  indicates  a  minimum  equivalent  isotropically  radiated  power  (e.  i.  r.  p.)  that  should  be 

 used.  Footnote  US357  limits  FSS  earth  station  e.  i.  r.  p.  spectral  density  in  the  13.77-  13.78  GHz  band  until  those  geostationary  space  stations  in  the  space  research  service  for  which  advance  publication  information  was  received 
 by  the  ITU  prior  to  31  January  1992  cease  to  operate  in  this  band.  56 
 Footnote  5.502  to  the  ITU  Radio  Regulations  establishes  minimum  antenna  diameters  for  earth  stations  of  geostationary  and  non-  geostationary  satellite  networks,  and  places  certain  restrictions  on  either  the  minimum 

 equivalent  isotropically  radiated  power  (e.  i.  r.  p.)  or  the  power  flux  density  (p.  f.  d.)  levels  produced  by  earth  stations  operating  in  the  13.75-  14.0  GHz  band.  Footnote  5.503  limits  FSS  earth  station  e.  i.  r.  p.  spectral  density  in  the  13.770- 
 13.  780  GHz  band  for  earth  stations  in  the  FSS  operating  with  geostationary-  orbit  space  stations,  until  those  geostationary  space  stations  in  the  space  research  service  for  which  advance  publication  information  was  received 
 by  the  ITU  prior  to  31  January  1992  cease  to  operate  in  this  band. 
8
 Federal  Communications  Commission  DA  04-  3164 
 11 
 NG104  of  the  U.  S.  Table  of  Allocations  and  footnote  2  of  Section  25.202(  a)(  1),  in  order  to  permit  TT&  C  from  the  US&  P  in  the  11.45-  11.7  GHz  frequency  bands  ARE  GRANTED. 
 32.  IT  IS  FURTHER  ORDERED  that  the  waiver  to  permit  TT&  C  operations  in  the  11.45-  11.7  GHz  frequency  bands  conditionally  granted  herein,  pertains  only  to  TT&  C  transmissions  between  a 
 single  GSO  satellite  at  121  W.  L.  and  a  maximum  of  one  fixed  earth  station  within  the  continental  US&  P. 
 33.  IT  IS  FURTHER  ORDERED  that  EchoStar  KuX  Corporation  shall  coordinate  its  potential  TT&  C  earth  station  operations  with  terrestrial  FS  stations  in  accordance  with  Section  25.203  of 

 the  Commissions  rules. 
 34.  IT  IS  FURTHER  ORDERED  that  in  the  13.75-  14.  0  GHz  band,  all  earth  stations  in  the  US&  P  are  required  to  coordinate  through  NTIAs  Interdepartment  Radio  Advisory  Committees 

 Frequency  Assignment  Subcommittee. 
 35.  IT  IS  FURTHER  ORDERED  that  the  operation  of  the  EchoStar-  121W  satellite  network  in  the  13.75-  14.0  GHz  band  shall  be  in  accordance  with  footnotes  US356  and  US357  to  47  C.  F.  R.    2.106 

 in  the  US&  P,  and  with  footnotes  5.502  and  5.503  to  the  ITU  Radio  Regulations  outside  of  the  US&  P. 
 36.  IT  IS  FURTHER  ORDERED  that  EchoStar-  121W  must  be  constructed,  launched,  and  placed  into  operation  in  accordance  with  the  technical  parameters  and  terms  and  conditions  of  this 

 authorization  by  these  specified  time  periods  following  the  date  of  authorization: 
 a.  Execute  a  binding  contract  for  construction  by  9/  30/  2005;  b.  Complete  the  Critical  Design  Review  by  9/  30/  2006; 

 c.  Commence  construction  by  9/  30/  2007;  d.  Launch  and  begin  operations  by  9/  30/  2009; 
 e.  EchoStar  KuX  Corporation  must  post  a  $3  million  bond  with  the  Commission,  pursuant  to  the  procedures  set  forth  in  Public  Notice,  DA  03-  2603,  18  FCC  Rcd 
 16283  (2003),  by  10/  30/  04. 
 Failure  to  meet  any  of  these  dates  shall  render  this  authorization  null  and  void.  See  47  C.  F.  R.    25.161  and  25.  164. 

 37.  IT  IS  FURTHER  ORDERED  that  EchoStar  KuX  Corporation  shall  prepare  the  necessary  information,  as  may  be  required,  for  submission  to  the  ITU  to  initiate  and  complete  the  advance 
 publication,  international  coordination,  due  diligence,  and  notification  process  of  this  space  station,  in  accordance  with  the  ITU  Radio  Regulations.  EchoStar  KuX  Corporation  shall  be  held  responsible  for  all 
 cost  recovery  fees  associated  with  these  ITU  filings.  We  also  note  that  no  protection  from  interference  caused  by  radio  stations  authorized  by  other  administrations  is  guaranteed  unless  coordination  and 
 notification  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.  See  47  C.  F.  R.    25.  111(  b). 

 38.  IT  IS  FURTHER  ORDERED  that  the  license  term  for  the  EchoStar-  121W,  Call  Sign  S2609,  is  fifteen  years  and  will  begin  to  run  on  the  date  that  EchoStar  KuX  Corporation  certifies  to  the 
 Commission  that  the  satellite  has  been  successfully  placed  into  orbit  and  its  operation  fully  conforms  to  the  terms  and  conditions  of  this  authorization. 

 39.  IT  IS  FURTHER  ORDERED  that  EchoStar  KuX  Corporation  shall  provide  a  written  statement  to  the  Commission  within  60  days  of  the  date  of  this  grant  that  identifies  any  known  satellites 
 located  at,  or  planned  to  be  located  at,  EchoStar  KuX  Corporations  assigned  orbital  location,  or  assigned 
11
 Federal  Communications  Commission  DA  04-  3164 
 12 
 in  the  vicinity  of  that  location  such  that  the  station-  keeping  volume  of  the  respective  satellites  might  overlap,  and  that  states  the  measures  that  will  be  taken  to  prevent  in-  orbit  collisions  with  such  satellites. 
 This  statement  should  address  any  licensed  FCC  systems,  or  any  systems  applied  for  and  under  consideration  by  the  FCC.  The  statement  need  not  address  every  filing  with  the  ITU  that  meets  these 
 criteria,  but  should  assess  and  address  any  systems  reflected  in  ITU  filings  that  are  in  operation  or  that  EchoStar  KuX  Corporation  believes  may  be  progressing  toward  launch,  e.  g.,  by  the  appearance  of  the 
 system  on  a  launch  vehicle  manifest.  If  EchoStar  KuX  Corporation  elects  to  rely  on  coordination  with  other  operators  to  prevent  in-  orbit  collisions,  it  shall  provide  a  statement  as  to  the  manner  in  which  such 
 coordination  will  be  effected. 
 40.  This  grant  does  not  in  any  way  constitute  an  approval  of  EchoStar  KuX  Corporation's  post-  mission  disposal  plan  for  EchoStar-  121W. 

 41.  EchoStar  KuX  Corporation  is  afforded  thirty  days  from  the  date  of  adoption  of  this  grant  and  authorization  to  decline  this  authorization  as  conditioned.  Failure  to  respond  within  this  period  will 
 constitute  formal  acceptance  of  the  authorization  as  conditioned. 
 42.  This  grant  is  issued  pursuant  to  Section  0.261  of  the  Commission's  rules  on  delegated  authority,  47  C.  F.  R.    0.261,  and  is  effective  upon  adoption.  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  the  public  notice  indicating  that  this  action  was  taken. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Thomas  S.  Tycz  Chief, 
 Satellite  Division  International  Bureau 
12