*Pages 1--11 from Microsoft Word - 10691.doc* Federal Communications Commission DA 01- 1694 Before the Federal Communications Commission Washington, D. C. 20554 In the matter of TRW Inc. Application for Authority to Construct, Launch, and Operate a Ka- Band Satellite System in the Fixed- Satellite Service ) ) ) ) ) ) ) ) ) ) ) File Nos. 113- 116- SAT- P/ LA- 97 IBFS No. SAT- LOA- 19970904- 00081- 00084 and IBFS No. SAT- LOA- 19971222- 00229 Call Signs S2255- S 2258 ORDER AND AUTHORIZATION Adopted: August 2, 2001 Released: August 3, 2001 By the Chief, International Bureau: I. INTRODUCTION 1. By this Order, we authorize TRW Inc. (“ TRW”) to launch and operate a satellite system in geostationary- satellite orbit to provide fixed- satellite services in the Ka- band. 1 In a companion order issued today, we assign TRW’s satellites to the 119° W. L., 79° W. L., 15° E. L. and 116.5 q E. L. orbital locations. 2 These operations are intended to supplement TRW’s proposed V- band system, which is being considered in another proceeding. 3 This Ka- band authorization provides TRW with an opportunity to begin providing advanced broadband communication services to businesses and consumers around the globe while its V- band application is pending. II. BACKGROUND 2. TRW 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 1 For purposes of this order, the terms “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. 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 Application of TRW Inc. for Authority to Launch and Operate TRW Global EHF Satellite Network, A Global System Employing Geostationary and Nongeostationary Satellites in the Fixed- Satellite Service, File Nos. 112- SAT- P/ LA- 97, 113- SAT- P/ LA- 97, 114- SAT- P/ LA- 97, 115- SAT- P/ LA- 97, 116- SAT- P/ LA- 97 (collectively, the “TRW Application”). The TRW Application requested authority to provide fixed- satellite service in the 47. 2- 50. 2 GHz (uplink) and 37. 5- 40. 5 GHz (downlink) frequency spectrum bands, referred to alternatively as “V- band” or “Extra High Frequency” bands. 1 Federal Communications Commission DA 01- 1694 2 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, 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. TRW is a global company providing space and electronics products and services from its headquarters in Redondo Beach, California. 5 In this second Ka- band processing round, TRW filed an amendment by which it seeks authority to use Ka- band frequencies to supplement its proposed V- band satellite system, which is pending in another proceeding. 6 In its application, TRW proposes Ka- band communications to and from four geostationary orbit satellites at the following four orbital positions: 113° W. L., 83° W. L., 15° E. L., and 116.5° E. L. 7 It also proposes to operate a constellation of non-geostationary orbit (“ NGSO”) Ka- band satellites. The authorizations we release today are limited to GSO Ka- band satellites; NGSO Ka- band satellites and V- band satellites will be considered separately in future orders. 4. TRW proposes to use spectrum in the 28.6- 29.1 GHz and 29.25- 30.0 GHz frequency bands for uplink (Earth- to- space) communications. 8 TRW proposes to use spectrum in the 17.7- 20.2 GHz frequency bands for downlink (space- to- Earth) communications. 9 TRW also requests authority to conduct its tracking, telemetry and command during transfer orbit operations in the Ka- band frequencies. 10 TRW informs the Commission that it also intends to operate optical inter- satellite links. 11 5. Several Second- Round Ka- band applicants filed petitions to deny the TRW Amendment. Pegasus Development Corporation asks us to deny TRW’s application because all of its requested orbital assignments were assigned in the First Round. 12 Hughes Communications Galaxy, Inc. and Hughes 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, 12 FCC Rcd 3154 (Int'l Bur. 1997). 5 TRW Application at pp. 7, 63. 6 Amendment to Application of TRW Inc. for Authority to Launch and Operate a Global Satellite System Employing Geostationary and Non- geostationary Satellites in the Fixed- Satellite Service, File No. SAT- AMD-19971222- 00229 (filed December 22, 1997) (“ TRW Amendment”). 7 TRW Amendment at p. 4, Technical Annex to TRW Amendment at p. 3. TRW subsequently modified its request for orbit locations, to request that its two full- CONUS orbital locations be assigned somewhere in the arc between the 79º W. L. and 117º W. L. orbit locations. Letter from Norman P. Leventhal and Stephen D. Baruch, Counsel to TRW Inc., to Magalie R. Salas, Secretary, Federal Communications Commission (July 10, 2001). 8 TRW Amendment at p. 7. 9 Id. 10 Id. 11 TRW Application at p. 29, TRW Amendment at p. 7. 12 Pegasus Development Corporation, Consolidated Petition To Deny (filed May 21, 1999). All issues pertaining to the assignment of orbit locations are addressed in the orbital assignment order released today. We note, however, that because TRW’s requested orbit locations are already assigned to First Round licensees, we assign TRW to other available locations. 2 Federal Communications Commission DA 01- 1694 3 Communications, Inc. requests us to deny TRW’s requested secondary operations in GSO- primary or NGSO- primary bands, or, alternatively, defer authority for such operations until a technical demonstration of non- interference is made. 13 III. DISCUSSION A. Qualifications 6. 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 fixed- satellite service (“ 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. 14 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. 1. Number of Orbit Locations 7. 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. 15 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. 16 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. 17 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. 18 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. 19 Consequently, we will not, as some applicants request, limit the number of assignments to Second Round applicants. 13 Consolidated Petitions To Dismiss, Deny Or Defer Of Hughes Communications Galaxy, Inc. and Hughes Communications, Inc. (filed May 21, 1999). 14 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, 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). 15 47 C. F. R. § 25.140( e). 16 47 C. F. R. § 25.140( f). 17 WAIT Radio v. FCC, 418 F. 2d 1153, 1157 (D. C. Cir. 1969). 18 Ka- Band FSS Rules Order, 12 FCC Rcd at 22320 ¶ 24. 19 For a more detailed discussion, see Second Round GSO Assignment Order, at ¶ 17. 3 Federal Communications Commission DA 01- 1694 4 2. Technical Qualifications 8. As initially filed, TRW requested authority to operate on a non- interference basis at three orbit locations at or near assignments made in the First Round. 20 TRW indicated that it would operate its GSO FSS satellites on an non- interference basis to the previously licensed satellites but further noted that this commitment would “dissolve” if the licenses for the First Round space stations lapse or are declared null and void. 21 TRW later requested assignment to locations not assigned to First Round licensees. 22 Hughes argues that we should not allow TRW to operate on a non- interference basis to First Round licensees until it demonstrates that it can do so and that, in any event, we should not allow TRW to upgrade its “status” by authorizing it to operate on anything other than a non- interference basis to co-located or closely- located licensees. 23 9. We will assign TRW to orbit locations available for assignment to Second Round applicants. These assignments will serve the public interest by ensuring that TRW can promptly initiate competitive Ka- band services to U. S. Customer. We will not, as Hughes suggests, require TRW to operate on a non-interference basis indefinitely. Doing so would be contrary to TRW’s intention, as stated in its initial application, and would stifle the growth of competitive Ka- band services in the United States. 10. We next evaluate whether TRW’s proposed system is consistent with the Commission’s technical requirements. 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. 24 11. 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. 25 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. 12. TRW indicates that its system design is consistent with operation in a two- degree spacing environment. 26 Our review of TRW’s application finds nothing to preclude operation in a two- degree spacing environment. The Second Round Ka- band applications were received subsequent to the Ka- Band 20 These were the 113° W. L., 83° W. L., and 112° E. L. orbit locations. 21 See TRW Application at 8- 9. 22 See Letter from Stephen D. Baruch, Counsel for TRW to Magalie Roman Salas, Secretary, FCC dated August 11, 2000. 23 See note 13, supra, and Letter from Joslyn Read, Hughes Network Systems to Fern Jarmulnek, FCC (July 30, 2001). 24 Licensing of Space Stations in the Domestic Fixed- Satellite Service, 54 Rad. Reg. 2d (P& F) 577, 589 (1983) (“ Two- Degree Spacing Order”). 25 Ka- Band FSS Rules Order, 12 FCC Rcd at 22320 ¶ 23. 26 TRW Amendment p. 8. 4 Federal Communications Commission DA 01- 1694 5 FSS Rules Order but prior to the 18 GHz Band Report and Order. 27 In both orders, rules affecting two-degree orbital spacing were adopted. We remind TRW of its continuing obligation to meet all Part 25 rules governing system operations, including Sections 25.202 (frequencies, frequency tolerances, and emission limitations) and 25.210 (technical requirements for space stations in the Fixed- Satellite Service). 28 Further, TRW must meet the current Ka- band power flux- density (“ PFD”) levels of Sections 2.106 US255 and 25.208. 29 As a condition of this authorization, TRW must meet these revised PFD limits. 3. Financial Qualifications 13. 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. 30 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. 31 Where all applicants can be accommodated, however, granting a license to an under- capitalized applicant will not prevent another applicant from going forward. 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. 32 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 some orbital locations available for future entrants. We therefore waive the financial qualification requirements for Second Round applicants. Consequently, it is unnecessary to rule on TRW’s financial qualifications. B. Spectrum Assignments 1. Service Links 14. 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. 33 For uplink (Earth- to- space) transmissions, the Commission designated 250 megahertz of 27 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, 15 FCC Rcd 13430 (2000) (“ 18 GHz Band Report and Order”). 28 47 C. F. R. §§ 25. 202 and 25. 210. 29 47 C. F. R. § 25.208. 30 47 C. F. R. § 25.140( b)-( e). 31 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”). 32 See Ka- Band FSS Rules Order, 12 FCC Rcd at 22318 ¶ 18. 33 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, 11 FCC Rcd 19005 (1996) (“ 28 GHz Band First Report and Order”). 5 Federal Communications Commission DA 01- 1694 6 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 operations and 220 megahertz of spectrum between 18.58 and 18.8 GHz for primary GSO FSS operations. 34 15. In its amendment, TRW proposes to use 1.25 gigahertz of spectrum at the 28.6- 29.1 GHz and 29.25- 30.0 GHz frequency bands for its service uplinks. We grant this request, but consistent with the 28 GHz band plan. 35 Specifically, we authorize TRW to operate service uplinks in 750 megahertz of spectrum between 29.25 and 30.0 GHz, with the 250 megahertz between 29.25 and 29.5 GHz shared on a co- primary basis with NGSO mobile satellite service feeder links. 16. In the 28 GHz Band First Report and Order, the Commission concluded that co- frequency sharing between GSO and NGSO systems was not possible and therefore adopted a plan designating different parts of the band for primary NGSO and GSO operations. 36 The Commission has designated the 18.8- 19.3 GHz and 28.6- 29.1 GHz portions of the band for NGSO satellite operations on a primary basis. TRW seeks authority to operate a GSO system in these bands. The Commission designated GSO systems “secondary” users in these bands, and as such, directed them not to cause harmful interference to NGSO systems. 37 Further, they cannot claim protection from harmful interference of NGSO systems. 38 17. TRW’s amendment is subject to current Commission rules, which require secondary operators to submit to the Commission a technical demonstration that they can operate on a non- harmful interference basis to the systems with operating priority. 39 This demonstration is then subject to public comment before any secondary operations will be authorized in the band. 40 TRW did not submit a technical showing but represented that technical data would be provided when additional information about sharing possibilities is available. 41 Absent a technical showing, the Commission is not in a position to rule on TRW’s amendment. Consequently, we dismiss this portion of TRW’s application without 34 18 GHz Band Report and Order, 15 FCC Rcd 13430. 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). 35 See 28 GHz Band First Report and Order, 11 FCC Rcd at 19023- 31. 36 28 GHz Band First Report and Order, 11 FCC Rcd at 19030. 37 Ka- Band FSS Rules Order, 12 FCC Rcd at 22327. 38 Id. 39 Ka- band FSS Rules Order, 12 FCC Rcd at 22326. 40 Id. 41 Technical Annex to TRW Amendment at pp. 1, 6- 7. 6 Federal Communications Commission DA 01- 1694 7 prejudice. TRW may re- file when it is able to demonstrate that it can operate in the requested spectrum without interfering with NGSO operations. 18. In its amendment, TRW proposes to use one gigahertz of spectrum in the 17.7- 20.2 GHz frequency bands for its service downlink bands. 42 We grant this request consistent with the 18 GHz band plan. 43 Specifically, we authorize TRW to operate its service downlinks in one gigaghertz 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 the terrestrial- fixed service, GSO FSS operations in this band must be coordinated with these terrestrial operations. 19. In addition, TRW must coordinate with the U. S. Government systems in accordance with footnote US334 to the Table of Frequency Allocations. 44 This footnote requires coordination of commercial systems with U. S. Government GSO and NGSO 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. 45 TRW 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. 46 2. Inter- Satellite Links 20. TRW plans to use optical inter- satellite links (“ ISLs”) between adjacent satellites to provide connectivity between the coverage regions of different satellite orbit locations. 47 Optical beam communications are not considered a type of radio communication since they operate at frequencies above 300 GHz, and they are not within the jurisdiction of the Communications Act. 48 42 Technical Annex to TRW Amendment at p. 7. 43 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. 44 See 47 C. F. R. § 2. 106 US334. 45 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). 46 47 C. F. R § 2. 106 US 255 (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. 47 ISLs are communication links between in- orbit satellites. 48 See 47 U. S. C. §§ 152, 153( 33). 7 Federal Communications Commission DA 01- 1694 8 3. Tracking, Telemetry and Command 21. Under the Commission’s rules, tracking, telemetry and command (“ TT& C”) operations may be provided in the frequency bands in which the particular satellite will be providing service. 49 TRW proposes to conduct on- orbit command and telemetry data in the Ka- band. 50 TRW also proposes to operate transmit and receive beacons in 3.0 MHz of spectrum near the upper edges of the 29.5- 30.0 GHz and 19. 7- 20. 2 GHz Ka- band allocations. We authorize TRW to conduct TT& C operations in these service bands. C. Regulatory Treatment 22. 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. 51 The Commission extended this treatment to satellite operators in the Ka- band in the Ka- Band FSS Rules Order. 52 Consequently, Second Round Ka- band applicants may elect their regulatory status. TRW has elected to offer its system on a non- common carrier basis, and we authorize it to do so. 53 D. License Conditions 1. Milestone Schedule 23. 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. 24. 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.” 54 Failure to meet any of these construction milestones will render those satellite authorizations null and void without further action by the Commission. 25. The dates by which TRW’s satellites must be “brought into use” to protect the date priority of the U. S. ITU filings for its service links at these orbital locations are March 9, 2003 – with a two- year 49 47 C. F. R § 25. 202( g). 50 Technical Annex to TRW Amendment at p. 7. 51 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”). 52 Ka- Band FSS Rules Order, 12 FCC Rcd at 22333 ¶¶ 58- 60. 53 TRW Application at p. 63. 54 47 C. F. R. § 25.145( f). See also Ka- Band FSS Rules Order, 12 FCC Rcd at 22334- 35 ¶ 61 & n. 77. 8 Federal Communications Commission DA 01- 1694 9 extension available under certain circumstances, June 25, 2005 and July 16, 2005. 55 We recognize that, in this case, comparing these ITU “bringing into use” dates to our launch milestones has the incongruous result of our rules requiring TRW to launch its satellites into each of its assigned orbit locations by August 2006, i. e., after both the earliest and latest dates by which TRW is required to bring its satellite locations into use to protect the date priority of the U. S. ITU filings for its orbital locations. To address this misalignment, we require TRW to launch its satellites into each licensed orbit location and “bring into use” all of the frequency assignments it plans to operate at its orbit locations by the ITU “bringing into use” dates. 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, TRW’s ability to coordinate and gain international recognition for the satellites at each of its assigned orbit locations. 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. 56 TRW will have nearly four years in which to launch its satellites into their assigned locations by the ITU “bringing into use” dates, assuming it receives an extension. 2. Reporting Requirements 26. 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 dates, and a detailed description of the use made of each transponder on each of the in- orbit satellites. 57 TRW must file this report on June 30 of each year, containing information current as of May 31 of that year. 3. International Coordination 27. In general, we will follow the applicable advance- publication, coordination, and notification 55 Specifically, the satellites at 119° W. L. and 79° W. L. must be brought into use by June 25, 2005; the satellite at 15° E. L. must be brought into use by March 9, 2003; and the satellite at 116. 5° E. L. must be brought into use by July 16, 2005. With regard to the 15° E. L. orbital location, ITU Radio Regulations require that the satellite be "brought- into- use" (BIU) no later than five years after ITU receipt of 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 TRW indeed wish to extend its milestone at the 15° E. 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. As to TRW's remaining orbital location assignments, ITU Radio Regulations require that these satellites be brought into use no later than nine years from the date the ITU publishes the advance publication information. The ITU initially required that these locations be brought into use within six years after receipt of their advance publication information, with an option to extend that date by an additional three years upon request. Since WRC 2000, satellite networks at orbit locations whose advance publication information was received by the ITU before November 22, 1997 have been automatically granted the optional three- year extension. Because the remaining orbit locations assigned to TRW fall in this category, their June and July 2005 bring into use dates cannot be further extended. 56 See, e. g., In the Matter of the Application of Comsat Corp., 12 FCC Rcd 12059, 12075 ¶ 33 n. 68 (1997) (“ It has been our experience that it takes an average of two years to construct and launch a satellite….”). 57 See 47 C. F. R. § 25. 210( l)( 1)( 2)( 3). 9 Federal Communications Commission DA 01- 1694 10 procedures as set forth in the ITU Radio Regulations in coordinating TRW’s satellites with other affected administrations. We will also require that TRW provide the Commission with the international coordination information required by our rules. 58 The orbit locations 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. In addition, at Korea’s request, and considering the precedence of its network at the ITU and its imminent launch, the Commission has agreed that the Ka- band portion of Korea’s INFOSAT- C satellite network at the 116º E. L. orbit location is coordinated relative to United States non- government Ka- band satellite networks. This agreement does not relieve TRW of the burden of coordination its satellite at the 116.5º E. L. orbit location with the INFOSAT- C satellite network. IV. CONCLUSION 28. Upon review of TRW’s application, we find that TRW 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 TRW to the 119° W. L., 79° W. L., 15° E. L. and 116.5 q E. L. orbital locations. V. ORDERING CLAUSES 29. IT IS ORDERED that Amendment Application File No. SAT- AMD- 199971222- 00229 IS GRANTED IN PART, as discussed above, and TRW Communications, Inc. IS AUTHORIZED to launch and operate four GSO FSS satellites, to provide fixed- satellite service in the 18.3- 18.8, 19.7- 20.2, 29. 25- 29.5, and 29.5- 30.0 GHz frequency bands at the 119° W. L., 79° W. L., 15° E. L. and 116.5 q E. L. orbital locations. 30. IT IS FURTHER ORDERED that TRW Communications, Inc. ’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 Launch and Operate First satellite August 2002 119° W. L. Orbit Location June 25, 2005 Remaining satellites August 2003 79° W. L. Orbit Location June 25, 2005 15° E. L. Orbit Location March 9, 2003 59 116.5° E. L. Orbit Location July 16, 2005 31. IT IS FURTHER ORDERED that TRW Communications, Inc. 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 ¶ 90. 58 See 47 C. F. R. § 25. 111( b). 59 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. 10 Federal Communications Commission DA 01- 1694 11 32. IT IS FURTHER ORDERED that TRW Communications, Inc. shall conduct its operations pursuant to this authorization in a manner consistent with the power flux- density requirements 47 C. F. R. §2.106 US255 and 47 C. F. R. §25.208. 33. IT IS FURTHER ORDERED that TRW Communications, Inc. shall coordinate all transfer-orbit tracking, telemetry and command operations with all potentially affected in- orbit U. S. licensees and foreign- licensed satellite systems, and that these tracking, telemetry and command operations will not cause harmful interference to or receive protection from other services or satellite systems operating in accordance with the International Telecommunication Union Radio Regulations. 34. IT IS FURTHER ORDERED that the license term for each space station is ten years and will begin to run on the date TRW Communications, Inc. certifies to the Commission that the satellite has been successfully placed into orbit and the operations fully conform to the terms and conditions of this authorization. 35. IT IS FURTHER ORDERED that TRW Communications, Inc. 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 ITU Radio Regulations. We also remind TRW Communications, Inc. 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). Further, TRW must operate its satellites in accordance with all international coordination agreements already in existence. 36. IT IS FURTHER ORDERED that the temporary assignment of any orbital location to TRW Communications, Inc. 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. 37. IT IS FURTHER ORDERED that TRW Communications, Inc. 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. 38. 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 11