1. By this Order, we grant OuterLink1 special temporary authority (STA) to operate 1,500 Mobile Earth Terminals (METs). This will enable OuterLink to continue market testing in a portion of the lower L-band frequencies via the AMSC-1 satellite.2 BACKGROUND 2. OuterLink was granted STA on September 11, 1998, by which it was authorized to operate 500 METs on 3.5 MHz of lower L-band spectrum on a frequency band extending from 1638.5 MHz to 1642 MHz and to receive transmissions in a single 5 kHz channel selected by Motient (formerly AMSC) with assigned and coordinated spectrum in the upper L-band (1530 MHz −1559 MHz).3 3. In its current request for STA, OuterLink indicates that the METs are to operate with the U.S.-licensed AMSC-1 satellite, which is licensed to Motient and provides a variety of mobile voice and data satellite services. OuterLink further indicates that Motient has reached an agreement with Inmarsat regarding use of the frequencies, including the determination that OuterLink will not cause harmful interference to Inmarsat satellites also operating in lower L-band frequencies and located at 15.5 degrees, 1 Formerly Newcomb Communications, Inc. (Newcomb). See Letter to Magalie Roman Salas, Secretary, FCC from Robert H. Marlette, Chief Financial Officer, OuterLink, notifying the Commission that Newcomb had changed its name to OuterLink, dated March 9, 2000. 2 The lower L-band is comprised of the 1525-1544 MHz, and 1626.5-1645.5 MHz frequency bands. 3 OuterLink's original request was for STA to operate 20,000 METs. OuterLink subsequently amended its request, however, stating that it would accept a more limited authorization covering 500 METs. See File No. SES-STA19980415-01097. 55 degrees, and 98 degrees West Longitude.4 4. Prior to its expiration, on March 5, 1999, OuterLink filed a request to amend and extend the STA. In this request, OuterLink asked that the number of authorized METs be increased to 10,000. On May 27, 1999, following oppositions filed by Space Systems License, Inc. (Space Systems) and by Globalstar, L.P. (Globalstar), OuterLink reduced the proposed increase in authorized METs to 1,000, for a total of 1,500.6 Action has not been taken on this request nor on identical requests filed subsequently.7 We consider all of OuterLink's outstanding STA requests in this order. DISCUSSION 5. As we have mentioned, Space Systems and Globalstar contested the renewal request that OuterLink filed on March 5, 1999. The two opponents contended that STA must be denied because OuterLink's request to operate 10,000 METs was inconsistent with its professed desire to conduct commercial trials. They envisioned the request as a back door attempt to secure full commercial service under the guise of STA. Moreover, they submitted that granting the request would be inconsistent with the Commission's "freeze" on new applications to use the lower L-band frequencies.8 Space Systems also pointed out that OuterLink's request has not appeared on public notice. Consequently, Space Systems contended that it would be inappropriate to grant STA without first seeking comment from interested parties. Faced with these allegations, OuterLink amended its request, thereby reducing the number of METs for which it was seeking STA, from 10,000 to a total of 1,500 terminals. Neither opponent was appeased, however. Both stated that their objections remain valid. 6. We view the situation differently. Understandably, granting OuterLink STA to operate 10,000 METs could plausibly be construed as affording it de facto commercial authority, and thus in violation of the freeze. We are not persuaded, however, that it holds true if the grant were for 1,500 METS. Indeed, neither opponent has provided any evidence that OuterLink does not require these METS to accommodate the needs of additional users that may seek to participate in market trials of OuterLink's 4 Inmarsat has informed the Commission that it has concluded that Outerlink's operations using the Motient space segment will not cause harmful interference with Inmarsat's uplink operations. See Letter from Donald M. Kennedy, Director of International Regulatory Affairs, Inmarsat to Tom Tycz. Chief, Satellite Radiocommunication Division, International Bureau, FCC, dated December 19, 2000. 5 Space Systems is the wholly owned subsidiary of Motorola, Inc. and Iridium LLC. 7 8 See File Nos. SES-STA-19990909-01556, 20000310-00373, and 20000919-01746. See, e.g., Amendment of Part 2 of the Commission's Rules to Allocate Spectrum for Mobile-Satellite Services in the 1530-1544 MHz and 1626.5-1645.5 MHz Bands, 5 FCC Rcd 1255, 1258 & n.23 (1990). mobile satellite service. OuterLink is not seeking authority to provide its services via its own satellite system, but rather Motient's, which has been authorized by the Commission.9 We do not, therefore, find that granting OuterLink's amended request would either be tantamount to granting it commercial authority or in violation of the current freeze on new applications in the lower L-band. Moreover, OuterLink has shown that its METs comply with all Commission technical requirements and the Memorandum of Understanding (MOU) reached among the Commission, National Telecommunications and Information Administration (NTIA), and the Federal Aviation Administration (FAA), which permits mobile satellite service (MSS) use of these frequencies under certain specified parameters designed to provide protection for the Global Navigation Satellite System (GNSS). 7. We also find no basis for Space Systems' contention that STA should not be granted because OuterLink's request has not been placed on public notice. Neither the Communications Act nor the Commission's rules requires that requests for STA be publicly noticed before action may be taken on them. Moreover, Space Systems has failed to show how it has been harmed by OuterLink's request not being placed on public notice. OuterLink duly served both Space Systems and Globalstar with copies of its requests, and we have considered the concerns raised by Space Systems and Globalstar. CONCLUSION AND ORDERING CLAUSES 8. In sum, we find that the opponents have not demonstrated that granting OuterLink STA to operate 1,500 METS in the lower L-band would either violate the Commission's rules or policies or that the grant would be contrary to the public interest. 9. Accordingly, IT IS ORDERED that OuterLink's request for Special Temporary Authority, File No. SES-STA-20000919-01746 IS GRANTED and OuterLink is authorized to operate up to 1,500 METS for a 180 day period, commencing April 13, 2001 and ending October 13, 2001, provided it abides by the following conditions: 9 1) OuterLink's system must not cause harmful interference to any other licensed 2) OuterLink must maintain a current listing of platform users on which terminals are 3) OuterLink may not claim protection from any harmful interference to its operations 4) OuterLink is limited to operating a maximum of 1,500 METs with short See Amendment of Parts 2, 22 and 25 of the Commission's Rules to Allocate Spectrum for, and to Establish Rules Pertaining to the Use of Radio Frequencies in a Mobile Satellite Service, 4 FCC Rcd 6041 (1989); see also AMSC Subsidiary Corporation, 10 FCC Rcd 10458 (International Bureau 1995) (authorizing AMSC to operate its existing data mobile terminals in the lower L-band on a temporary basis). transmission bursts. These bursts or packets are typically 30 milliseconds in duration. The maximum packet length shall be no longer than 275 milliseconds in duration. OuterLink must monitor its traffic loading to ensure that the total power transmitted in the OuterLink 3.5 MHz channel at any given time does not exceed 22 dBW EIRP. The maximum EIRP and EIRP density of each MET shall be limited to 14.76 dBW and -14.6 dBW/4kHz, respectively. 5) Each MET must be tunable over the entire range of frequencies authorized for Motient downlink transmissions, such that the integrity of AMS(R)S spectrum is maintained as a contiguous block of spectrum. Motient/OuterLink must provide test data, which demonstrates the ability and performance characteristics, e.g., preemption time, prioritization scheme, of the downlink channel to implement priority and preemption of their normal traffic to accommodate aeronautical safety service requirements. 6) MES emissions must be no greater than -70 dBW/MHz, averaged over any 20 ms interval, in the band 1559-1587.42 MHz. The EIRP of discrete emissions of less than 700 Hz bandwidth generated by such stations shall not exceed -80 dBW, averaged over 20 ms, in that band. Nor shall MES emissions exceed -64 dBW/MHz, averaged over 20 ms, in the band 1587.42-1605 MHz. The EIRP of discrete emissions of less than 700 Hz bandwidth generated by such stations shall not exceed -74 dBW, averaged over 20 ms, in that band. Furthermore, MET operations must conform to any regulations subsequently adopted in Amendment of Parts 2 and 25 to Implement the Global Mobile Personal Communications by Satellite (GMPC) Memorandum of Understanding and Arrangements; Petition of the National Telecommunications and Information Administration to Amend Part 25 of the Commission's Rules to Establish Emissions Limits for Mobile and Portable Earth Stations Operating in the 1610-1660.5 MHz Band, 14 FCC Rcd 5871 (1999). 7) OuterLink's system must not inhibit future changes or expansions of GMDSS communications capabilities, including the use of different modulation and multiple access schemes or the relocation or the use of other Inmarsat satellites for GMDSS. 8) OuterLink must notify its customers in writing that service is being provided on a 10. IT IS FURTHER ORDERED that OuterLink's pending extension for Special Temporary Authority, File Nos. SES-STA-19990305-00265, 19990909-01556, 20000310-00373, and 2000091901746, to operate METS on spectrum of the lower L-band ARE GRANTED. |