Federal Communications Commission DA-99-1125 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) MCI Telecommunications Corporation ) File No. 84-SAT-ML-97 For Modification of Direct Broadcast ) New IBSF No. SAT-MOD- Satellite Authorization ) 19970505-00039 MEMORANDUM OPINION AND ORDER Adopted: June 8, 1999 Released: June 8, 1999 By the Acting Chief, International Bureau: I. INTRODUCTION 1. By this Order, we grant in part, MCI Telecommunications Corporation's ("MCI") Application for Modification of its Direct Broadcast Satellite ("DBS") Authorization, as supplemented.1 This Order also grants MCI's request for minor clarifications of several conditions placed on its original authorization.2 In addition, this Order authorizes MCI to conduct limited transfer orbit and contingency telemetry, tracking and control ("TT&C") functions in the lower end of the 14.0-14.5 GHz fixed-satellite service ("FSS") uplink band. Grant of this modification request will provide MCI with the flexibility to maximize its service capacity and quality to its customers. II. BACKGROUND 2. On December 20, 1996, MCI received an authorization to construct, launch, and operate two satellites in the DBS service at the 110 W.L. orbital location.3 The first satellite, MCI- 1 Subsequent to the filing of this application, the Commission has authorized assignment of MCI's DBS authorizations to EchoStar 110 Corporation. MCI Telecommunications Corporation, For Consent to Assignment of Authorization to Construct, Launch, and Operate a Direct Broadcast Satellite System Using 28 Frequency Channels at the 110 W.L Orbital Location, Order and Authorization, FCC 99-109 (rel. May 19, 1999) ("MCI Assignment Order"). Although the modifications and conditions to MCI's DBS authorization addressed in this Order will be transferred, the assignment transaction has not been consumated. Consequently, this Order is addressed to MCI. 2 MCI Telecommunications Corporation For Authority to Construct, Launch, and Operate a Direct Broadcast System at 110 W.L., 12 FCC Red 12538 (1996) ("MCI Authorization Order"). 3 Id. at 12538. 9966 Federal Communications Commission DA-99-1125 Fl, was authorized to operate on even-numbered channels (2-22, and 26) at 109.8 W.L. The second satellite, MCI-F2, was authorized to operate on odd numbered channels (1-31) at 110.2 W.L. This authorization was subject to several conditions, as discussed below. The same Order dismissed without prejudice MCI's request to conduct telemetry, tracking and control in the lower end of the 14.0-14.5 GHz band, pending MCI's submission of additional technical information regarding its TT&C functions, including International Telecommunication Union ("ITU") Appendices 3 and 4 notice forms. 3. MCI filed an application to modify its DBS authorization, requesting permission to operate the two spacecraft anywhere within the portion of the geostationary orbital arc between 109.8 to 110.2 W.L. using any combination of transponder frequencies. MCI claims the requested flexibility will permit it to provide maximum channel capacity and availability over the life of the satellites.4 MCI also requested clarification of several conditions in its initial authorization. On April 22, 1999, MCI filed a supplement to its modification application. Although it is not withdrawing its broader request for additional flexibility. MCI states that it will accept a license condition that requires it to operate channels, 27, 29, and 31 only at the 110.2 W.L. orbital position. MCI states it will submit a further technical showing demonstrating that its flexible proposal for these three channels will not cause harmful interference to other operators, and thus, any license condition limiting operation of these channels should be lifted. in: DISCUSSION 4. Modification request. In the 12.2-12.7 GHz band, the ITU Radio Regulations assign channels to administrations at certain orbital locations to provide broadcasting-satellite service ("BSS") to their countries under specified conditions.5 In the U.S., DBS operates within this BSS allocation. Each nominal orbital location (i.e., 110 W.L.) is subdivided into two locations, 0.2 degrees East and West of the nominal location (i.e., 109.8 W.L. and 110.2 W.L). All orbital positions within these two locations define a "cluster." The United States is the only administration assigned channels at the 110 W.L. cluster in the Region 2 BSS and Feeder Link Plans. In addition to MCI, DIRECTV Enterprises, Inc. ("DIRECTV") is assigned channels 28, 30 and 326 and EchoStar Satellite Corporation MCI Telecommunications Corporation Application for Minor Modification and Clarification of License Conditions, p. 2, Filed May 5, 1997, File No. 84-SAT-ML-97; New IBSF No. SAT-MOD-19970505-00039. With the use of any combination of transponder frequencies MCI will have the flexibility, within the design limitations of its satellites, to operate at higher power and maximize its channel capacity and signal quality, thereby maximizing service to its customers. 5 Appendices S30 and S30A of the ITU Radio Regulations contain the BSS assignment Plans and the associated Feeder Link Plans, respectively, for the three ITU Regions. ITU Region 2 encompasses the Americas, and therefore, includes the United States. The Plans for Region 2 are referred to as the "Region 2 BSS and associated Feeder Link Plans." Appendices S30 and S30A also contain the associated procedures to modify the Plans, and to bring them into use. 6 United States Satellite Broadcasting Co., Inc., Consent to Transfer of Control, DA 99-633 (rel. April 1, 1999). 9967 Federal Communications Commission DA-99-1125 ("EchoStar") is assigned channel 24 at 110 W.L.7 Neither DIRECTV or Echostar have begun providing DBS service from these assigned locations. 5. MCI's request to operate its spacecraft anywhere between 109.8 W.L. and 110.2 W.L. is consistent with ITU Radio Regulations, which allow an administration to locate its satellites anywhere within a cluster at its assigned nominal orbital position, provided it obtains the agreement of administrations having assignments to space stations in the same cluster.8 Because the United States is the only administration using channels at this location, we have authority under the ITU Radio Regulations to allow each of the three systems assigned to 110 W.L. to locate anywhere within the cluster. While most operations at the same orbital location do not raise concerns about mutual interference, operations on adjacent channels contain overlapping frequencies that must be coordinated with each other to prevent harmful interference. The only adjacent channels assigned to different entities, to date, at the 110 W.L. location are channels 27 through 32, with MCI assigned to channels 27, 29, and 31, and DIRECTV assigned channels 28, 30, and 32.9 Consequently, these are the only channels that pose a potential for harmful mutual interference. MCI has not indicated it has coordinated operation of these channels with DIRECTV. 6. Accordingly, we grant MCI's request to operate its satellites anywhere within the 109.8 W.L. and 110.2 W.L cluster with respect to all of its assigned channels except channels 27, 29 and 31. With respect to channels 27, 29, and 31, we grant MCI's supplemental request to operate these channels at the 110.2 W.L. orbital location only. This is the assigned position for these channels in the Region 2 BSS and Feeder Link Plans and was designed to mitigate adjacent channel interference by placing odd-numbered channels at a maximum orbital separation from even-numbered channels within an orbital cluster. MCI's request for additional flexibility for these three channels will be addressed upon MCI's submission of a technical showing which demonstrates that operation at any point within the 109.8 W.L. and 110.2 W.L. orbital cluster will not cause harmful interference to other U.S. DBS licensees assigned within that cluster. 7. In addition, MCI represents in its modification application that it will operate its odd- numbered channels using right-hand circular polarization and even channels using left-hand circular polarization in accordance with the Region 2 BSS and Feeder Link Plans. Previously, MCI had been granted authority to use channel polarizations that were in opposite sense to those assigned by the Region 2 BSS and Feeder Link Plans, conditioned on MCI coordinating these non-conforming 7 DirectSat Corporation, Application to Transfer Control of Direct Broadcast Satellite, 10 FCC Red 88 (1995); February 25, 1999, letter from Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, to Messrs. Malet, Michalopolous, and Paul (granting pro forma assignment of DBS authorizations from DirectSat to EchoStar Satellite Corporation). 8 See Section B of Annex 7 to Appendix S30 of the ITU Radio Regulations. 9 We need not address the potential interference between MCI's channels 23 and 25 with EchoStar's channel 24 due to the recent assignment of MCI's DBS authorizations to EchoStar 110 Corporation. Among other assets, EchoStar will acquire the two satellites MCI intended to use in its DBS system. See MCI Assignment Order. See also EchoStar Satellite Corporation, Application for Modification to Direct Broadcast Satellite Authorization and Operation Authority, Filed April 19, 1999, requesting authorization to modify its authorization to operate Channel 24 at the 110 W.L. orbital position in accordance with the authorizations granted to MCI and assigned to EchoStar 110. 9968 Federal Communications Commission DA-99-1125 operations with other licensed systems.10 MCI's request to modify its license to operate in accordance with the Region 2 BSS and Feeder Link Plans will mitigate the potential for interference to other U.S. licensees in the cluster. Therefore, we grant this modification request. 8. Clarification of Conditions. MCI's initial authorization to construct, launch, and operate two DBS satellites is subject to four conditions, three of which MCI seeks to have clarified. The first condition requires the ITU to confirm that "the operation of MCI's satellites, MCI-F1 and F2, are in conformance with Appendices 30 and 30A of the ITU Radio Regulations."" MCI claims that this condition cannot be satisfied because the ITU does not perform a verification function with respect to compliance with the ITU Radio Regulations. MCI asks that it not be required to obtain confirmation, but simply be required to bring its satellites, with associated feeder links, into service in accordance with the BSS Region 2 Plan set forth in Appendices 30 and 30A.12 9. We disagree with MCI that the ITU does not "confirm" that proposed operations are in conformance with its regulations. The ITU does determine whether other administrations are affected by a modification proposal,13 and the ITU will examine the proposed system with respect to its conformity with the ITU Radio Regulations and the appropriate regional Plans. 14 The administration responsible for the proposed modification to the Region 2 BSS and Feeder Link Plans must coordinate and reach agreements with affected administrations before the modification can become part of the Region 2 BSS and Feeder Link Plans. However, our principal concerns about the potential interference to other systems operating in accordance with the ITU Radio Regulations are taken into account in the second condition as modified, and therefore, we remove the first condition on MCI's original authorization. 10. The second condition on MCI's authorization requires it to protect existing systems operating in accordance with the Region 2 BSS and Feeder Link Plans. Specifically, until the Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of MCI-F1 and MCI-F2 and their associated feeder links, these satellite systems must not cause harmful interference to, and may not receive protection from, other BSS or feeder link assignments in Appendices S30 and S30A of the ITU Radio Regulations. MCI requests that this condition be deemed satisfied based on information already submitted to the Commission for inclusion in the Region 2 BSS Plan and Feeder Link Plan. According to MCI, the modification of the Region 2 BSS and Feeder Link Plans is an administrative function subject to a two-year backlog. 11. The purpose of this condition is to ensure that the MCI DBS system does not cause unacceptable or harmful interference to radiocommunication systems of other administrations, as well as to emphasize the importance of completing the Appendices S30 and S30A modification procedures 10 MCI Authorization Order, 12 FCC Red at 12542, authorizing MCI to operate even-numbered channels using right-hand circular polarization, and odd numbered channels using left-hand circular polarization. 11 Id. at 12543. 12 Appendices S30 and S30A to the ITU Radio Regulations supersede Appendix 30 and 30A. 13 In the event that a system will operate beyond the terms and conditions of the Plan, an Administration may initiate the Plan "modification procedures" of Appendices S30 and S30A to include a modified frequency assignment in the Plans. See Article 4 of Appendices S30 and S30A of the ITU Radio Regulations. 14 See Article 5 of Appendices S30 and S30A. 9969 Federal Communications Commission DA-99-1125 to the protection of MCl's system. Contrary to MCI's assertion, modification of the Region 2 BSS and Feeder Link Plans is not solely an administrative function. This condition is intended to convey that until the Plan modifications are finalized, the licensee is obligated to protect other radiocommunication systems both satellite and terrestrial operating in accordance with the ITU Radio Regulations. Further, there is an inherent risk involved in attempting to obtain agreements with affected administrations. Simply filing the necessary information to initiate the Plan modification procedure does not address concerns relating to potential interference. 12. The United States already has channel assignments irt the Region 2 BSS and Feeder Link Plans at 110 W.L. 15 These assignments define the amount of interference other administrations must accept from these U.S. BSS assignments. Consequently, we will modify the second condition of MCI's authorization to permit MCI to operate its satellites within the constraints of the current assignments instead of stipulating that no interference can be caused to other systems. Until the Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of MCI-F1 and MCI-F2 and their associated feeder links, MCI's satellite systems may not cause greater interference to other BSS or feeder link assignments, or other services or satellite systems, operating in accordance with the ITU Radio Regulations, than that which would occur from the current USA Plan assignments at 110 W.L. No protection from interference caused by radio stations authorized by other administrations is guaranteed unless and until Appendices S30 and S30A Plan modification procedures are successfully and timely completed. 13. The third condition on MCI's authorization requires it to "complete international coordination of its TT&C [tracking, telemetry, and control] functions through the ITU." According to MCI, this condition is confusing because coordinations do not take place "through" the ITU, but are accomplished directly between the operators of facilities pursuant to procedures established by the ITU. MCI suggests that this condition be recast to require that MCI "coordinate its TT&C functions, as necessary, pursuant to the procedures established in the ITU Radio Regulations, Recommendations and/or Resolutions, as applicable." We agree that coordination is conducted between Administrations and that Administrations coordinate by using the procedures provided by the ITU Radio Regulations. The ITU Radio Regulations, however, do not contain specific coordination procedures for the frequencies MCI proposes to use for on-station TT&C operations. According to ITU Rules of Procedure, 16 it is necessary to submit advance publication information to the ITU, in accordance with Article S9, and to subsequently notify use of these frequencies in accordance with Article Sll. Consequently, we modify the third condition of MCI's December 1996 Authorization Order to require MCI to submit the appropriate information to the Commission to complete the ITU process for the use of its on-station TT&C frequencies in accordance with the appropriate procedures in the ITU Radio Regulations. 14. Frequencies for transfer orbit and contingency operation TT&C. In its application for initial authorization to construct, launch, and operate a DBS satellite, MCI requested a waiver of the Commission's rules to conduct TT&C functions in the lower end of the 14.0-14.5 GHz ("14 GHz") fixed-satellite service ("FSS") uplink band for transfer orbit operations and contingency operations. In the December 20, 1996 Authorization Order, the Bureau dismissed MCI's waiver request without prejudice, pending MCI's submission of a complete description of its TT&C functions, including completed Appendices 3 and 4 for submission to the ITU. MCI filed this information in a timely and 15 Region 2 BSS and Feeder Link Plans, Article 9 of Appendix S30 and Article 10 of Appendix S30A to the ITU Radio Regulations. 16 The ITU Rules of Procedure (Edition, 1994) for Annex 5 to Appendix S30. 9970 Federal Communications Commission DA-99-1125 complete manner and maintained that use of the 14 GHz frequencies would only be used for transfer orbit operations or in contingency situations while in its final orbit and not for normal on-orbit TT&C operations.17 MCI states that the 14 GHz frequencies are required for orbit raising operations, since the only available worldwide tracking networks are either at 14 GHz or C-band frequencies. 18 MCI adds that when on-orbit, the 14 GHz frequencies would only be used, for example, if the space station lost attitude orientation and only for the duration of the contingency. 15. The Bureau dismissed MCI's original waiver request to use the 14 GHz frequency band for transfer orbit and contingency operation TT&C because it was not in conformity with our rules and there existed a potential for harmful interference to adjacent satellite operations. In particular, we indicated that the proposed use of these frequencies for TT&C operations was not in conformity with the U.S. Table of Frequency Allocations.19 TT&C functions for BSS satellites are commonly operated in the band edges of the frequency bands being used to provide BSS service and BSS feeder links.20 BSS feeder links are operated in FSS allocations.21 Although the 14 GHz band is not specifically designated for BSS feeder links, it is allocated to the FSS according to the U.S. Table of Frequency Allocations.22 In the MCI Authorization Order, we also stated that we believed that the ITU would make an unfavorable finding regarding conformity of the proposed TT&C functions with the International Table of Frequency Allocations.23 However, we note that the ITU has made a favorable finding in a similar situation regarding use of C-band FSS frequencies for TT&C for a BSS system.24 Based on these considerations and re-devaluation of our prior assessment, we now find that use of the 14 GHz band for TT&C for a BSS system is in conformity with the international and domestic Tables of Frequency Allocations. However, Section 25.202(g) of the Commission's rules requires that TT&C functions for U.S. satellites be conducted at the edges of the bands in which service is being provided."5 As MCI is not providing feeder uplink service within the 14 GHz band, grant of MCI's request will require a waiver of Section 25.202(g). 17 Attachment 4 to information filed by MCI's on January 21, 1997, as requested in the December 1996 Authorization Order. The specific TT&C frequencies identified are 14000.4 MHz and 14004.6 MHz. 18 C-band frequencies generally refer to the FSS allocations at 3700-4200 MHz (space-to-Earth) and 5925- 6425 MHz (Earth-to-space). 19 MCI Authorization Order, paragraph 5. 20 That is, the band edges of the 12.2-12.7 GHz band and the 17.3-17.8 GHz band. 21 Pursuant to Section 25.201 of the Commission's rules., FSS allocations may be used for feeder links in other services. See also ITU Radio Regulation S1.21. 22 47 C.F.R. § 2.106. 23 MCI Authorization Order, paragraph 5. 24 ITU Special Section AR1 l/C/2687 dated April 22, 1997. 25 47 C.F.R. § 25.202(g). 9971 Federal Communications Commission DA-99-1125 16. The 14 GHz frequencies MCI proposes to use are assigned for use by Canadian and Mexican fixed satellites at orbital locations adjacent to MCI's DBS orbital location.26 MCI's original waiver request was not accompanied by a technical demonstration that harmful interference would not occur to adjacent satellite networks. We therefore dismissed this request pending the submission of such information. Subsequently, MCI notified us that it had reached agreements with the operators of nearby Canadian and Mexican satellites for the use of the 14 GHz frequencies for transfer orbit and emergency TT&C. We therefore find MCI's limited use of the 14 GHz frequencies for transfer orbit TT&C and, when in its final orbit, on a contingency (i.e. emergency) basis, will not cause interference to adjacent BSS systems. Accordingly, we reinstate MCI's original waiver request and grant it. We fully expect all on station TT&C to be conducted in the 17 GHz uplink band as set forth in MCI's original authorization. IV. CONCLUSION AND ORDERING CLAUSES 17. Based on the foregoing, we find that granting MCI's application, in part, will serve the public interest by providing MCI the flexibility to maximize service to its DBS customers. Accordingly, IT IS ORDERED, pursuant to Section 0.261 of the Commission's rules, 47 C.F.R. § 0.261, that MCI Telecommunications Corporation's Application for Minor Modification and Clarification of License Conditions as supplemented on April 22, 1999, is GRANTED in part, with the following conditions: (1) MCI is authorized to operate its assigned channels, except 27, 29, and 31, at any location within the 109.8 W.L. and 110.2 W.L. cluster; (2) MCI is authorized to operate channels 27, 29, and 31 only at the 110.2 W.L. orbital location; (3) The polarization used shall be in accordance with the Region 2 BSS Plans with odd numbered channels operating with right-hand circular polarization and even numbered channels operating with left-hand circular polarization. 18. IT IS FURTHER ORDERED, that MCI Telecommunications Corporation's December 20, 1996, authorization is subject to the following modified conditions: (1) MCI shall submit within 30 days of the release of this Order any updated technical information, as necessary and as specified in Annex 2 to Appendices S30 and S30A of the ITU Radio Regulations, required by Article 4 of Appendices S30 and S30A to initiate modification of the Region 2 BSS Plan and the associated Feeder Link Plan; (2a) until the ITU Region 2 BSS Plan and its associated Feeder Link Plan are modified to include the technical parameters of MCI-F1 and MCI-F2 and their associated feeder links, these satellite systems shall not cause greater interference than that which would occur from the current USA Plan assignments at 110 W.L. to other BSS or feeder link assignments, or other services or satellite systems, operating in accordance with the ITU Radio Regulations; (2b) No protection from interference caused by radio stations authorized by other administrations is guaranteed to MCI-F1 and MCI-F2 unless and until Appendices S30 and S30A Plan modification procedures are successfully and timely completed; (3) Within 30 days of the release of this Order, MCI shall submit any updated or additional information, as necessary, to complete the ITU process for the use of its normal, on-station TT&C frequencies (17/12 GHz) in accordance with the appropriate procedures in the ITU Radio Regulations; (4) detailed calculations shall be submitted to the Commission, as necessary, to demonstrate compliance with Annex 1 of Appendices S30 and S30A. 26 Pursuant to the 1988 Trilateral Agreement between the United States, Canada, and Mexico, Canada may use C band and Ku-band frequencies at 111.1 W.L. and Mexico may use C band and Ku-band frequencies at 109.2 W.L. Trilateral Agreement Regarding Use of The Geostationary Orbit Reached by Canada, Mexico and The United States. Public Notice dated September 2, 1988. 9972 Federal Communications Commission DA-99-1125 19. IT IS FURTHER ORDERED, that MCI's waiver request to use the 14 GHz band for transfer-orbit and contingency on-station TT&C operations, which was dismissed without prejudice in the December 20. 1996 Authorization Order, is hereby REINSTATED, and MCI's request to conduct tracking, telemetry and control functions in the lower end of the 14.0-14.5 GHz (K.u-band) fixed- satellite service uplink band (14000.4 MHz and 14004.6 MHz, specifically) for transfer-orbit operations and contingency operations while in its final orbit is GRANTED. Within 30 days of the release of this Order. MCI shall submit any updated or additional information, as necessary, to complete the ITU process for the use of the 14 GHz TT&C frequencies in accordance with the appropriate procedures in the ITU Radio Regulations. 20. IT IS FURTHER ORDERED, that this Order is without prejudice to any action the Commission may take with respect to MCI's request to modify its authorization to operate channels 27, 29 and 31 at any point within the 109.8 W.L. to 110.2 W.L. cluster. FEDERAL COMMUNICATIONS COMMISSION JencVK. Porter Actina Chief. International Bureau 9973