Subject: [NEXTEL-1] Irid-a-bomb Gets a Special Temporary Authority

From: [email-masked]
Date: Fri, 12 Dec 2003 00:02:33 -0500

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Request for Special Temporary Authority

Iridium Constellation, LLC

For a Mobile Satellite System in the 1.6 GHz
Frequency Band
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File No.
SAT-STA-20031010-00313

ORDER

   Adopted:  December 11, 2003 Released:  December 11, 2003

By the Chief, Satellite Division, International Bureau:

I. INTRODUCTION
1. In this Order, we grant Iridium Constellation, LLC (Iridium) special
temporary authority (STA) to operate satellites in the “Big LEO”
mobile-satellite service (MSS) system in the 1620.10-1621.35 MHz frequency band
(Globalstar Channel 9) until May 12, 2004 or until levels of usage and U.S.
Government requirements no longer justify the need for additional spectrum,
whichever occurs first.  We also grant a STA for Iridium’s U.S. earth station
license.  Globalstar LP and Globalstar USA, LLC (Globalstar) oppose Iridium’s
request for STA.  We find, however, that these actions will further important
public interest requirements by supporting stated communications needs of U.S.
Forces in Iraq and the Middle East region.

II.  BACKGROUND

 2. Iridium holds a license for a Big LEO MSS system that is authorized to
operate both uplink and downlink transmissions in the 1621.35-1626.5 MHz
frequency band.   It also holds a license for the U.S. operations of mobile user
terminals that operate in the same band.    Iridium contracts with the U.S.
Department of Defense (DOD) to provide communications services.  Globalstar,
another MSS system, is licensed to operate uplinks in the 1610-1621.35 MHz
band.   Commencing in April 2003, the International Bureau, Satellite Division,
granted Iridium a series of STA’s and modifications to Iridium’s license, to
allow Iridium to use additional spectrum outside of its initial
authorization.     These decisions were made, in large measure, to allow Iridium
to support the stated communications needs of U.S. and Coalition Forces in Iraq
and the Middle East region.  Further, there was no evidence that Iridium
operations in the 1620.10-1621.35 MHz frequency band would degrade Globalstar’s
MSS operations.   In April and May 2003, Iridium was authorized to expand its
operations into the 1618.85-1621.35 MHz frequency band (Globalstar Channels 8
and 9) to provide communications services to U.S. Government and Coalition
Forces.   In June 2003, Iridium filed an extension of its STA stating that
although the demand for service in the Middle East region continued at
extraordinarily high levels, demand had subsided somewhat and as a result
indicated that it would cease operations in the 1618.85-1621.10 MHz frequency
band (Channel 8).  This request was granted, authorizing Iridium to use
1620.10-1621.35 MHz (Channel 9) only.    In October 2003, the Satellite Division
authorized Iridium to use the 1620.10-1621.35 MHz band for a four month period
to November 14, 2003, or until the levels of usage and U.S. Government
requirements no longer justified the need for additional spectrum, whichever
occurred first.   The Satellite Division also directed Iridium to file monthly
status reports demonstrating its continued need for the use of the
1620.10-1621.35 MHz frequency band.   Globalstar objected, asserting that
Iridium failed to justify its need for the additional spectrum, and questioning
the Commission’s authority to modify Iridium’s license.

 3. On October 10, 2003, Iridium requested a further extension for a period of
180 days commencing November 15, 2003 to May 12, 2004 to provide MSS service in
the 1620.10-1621.35 MHz band.     In its request, Iridium states that it
continues to experience a high demand for communications services by Coalition
Forces in the Middle East Region.  According to Iridium, traffic levels at peak
times exceed the system capacity as originally authorized.    Iridium states
that use of its system remains higher than levels experienced prior to its first
STA in April 2003, but acknowledges the levels are somewhat lower than the
highest levels experienced to date.   Iridium also states, however, that it has
received no indication from U.S. Government and Coalition Forces that the use of
Iridium’s service in the Middle East region will decrease substantially within
the next six months.    In its STA request, Iridium notes that it will apprise
the International Bureau if the levels of usage no longer necessitate access to
Channel 9.  Finally, Iridium asserts that there has been no interference between
its system and Globalstar’s system.

 4. The Defense Information Systems Agency (DISA) filed a letter in support of
Iridium’s recent STA request.    DISA states that the temporary allocation of
channels to Iridium continues to have a positive effect on the services Iridium
provides to DOD in the Southwest Asia region (SWA).  Prior to Iridium’s use of
the additional spectrum in April 2003, DISA represents that the “call drop” rate
due to satellite acquisition failure was unacceptable, and that DOD’s SWA users
were experiencing “no-call” conditions and overloaded systems as they conducted
operations in Iraq.   Since being authorized to use additional spectrum, DISA
states that Iridium’s call success rates have “remained steady at approximately
96%.”   DISA notes that U.S. military forces continue to have a significant
presence in Iraq and the surrounding region for the support of peace enforcement
operations.    DISA states that use of the Iridium system in September and
October is at a level not sustainable prior to the allocation of the additional
1.25 MHz of spectrum, and that there was an increase in usage in early
November.  Thus, DISA projects that the DOD will require the additional 1.25 MHz
through the first half of 2004.   As a result of acts of sabotage and terrorism,
commercial non-satellite communications in the SWA region have not stabilized
sufficiently for DOD use.     According to DISA, the continued threat to U.S.
Forces  has hindered DOD’s ability to install and activate regional
communication alternatives to using the Iridium system.   DISA also indicates
that it will continue to monitor its use of Iridium’s system, as well as the use
by other key government entities, and will advise the National
Telecommunications and Information Administration when levels of usage allow
Iridium to relinquish the spectrum without degrading service to U.S. Forces.
Finally, DISA notes that its statement in support of Iridium’s STA is made with
the understanding that the temporary allocation will not have a negative impact
on Globalstar’s system.

5. Globalstar opposed Iridium’s STA request.   As with its previous oppositions,
Globalstar’s protest is premised on two assertions.  First, Globalstar claims
that Iridium has failed to present sufficient facts demonstrating its alleged
capacity constraints and need for additional spectrum.  Second, Globalstar
claims that the Communications Act does not authorize the Commission to grant
Iridium’s STA request.  Globalstar states that Iridium’s call congestion is due
to flaws and inefficiencies in the Iridium system design and operation.
According to Globalstar’s calculations, Iridium’s spectrum allocation allows it
to serve over 500,000 subscribers in the continental U.S., which is more than
enough spectrum needed to serve the 20,000 mobile phones used by the DOD in the
Middle East region.   Rather than award Iridium additional spectrum, Globalstar
states that Iridium should be required to improve its use of spectrum.  Further,
Globalstar asserts that the additional allocation of spectrum has not improved
Iridium’s actual system performance.  Globalstar claims Iridium’s data shows no
increase in call capacity on the satellites as a result of increased spectrum.
Globalstar also states that, contrary to the DISA letter, there is no
correlation between the call acquisition failure rates to the bandwidth
available to Iridium.  Contrary to Iridium’s assertion, Globalstar maintains
that there are alternative explanations as to why Iridium may experience
capacity constraints unrelated to increased call traffic, including problems
with design and spectrum usage that have not been adjusted to support Iridium’s
needs.   Globalstar further explains that there are other interferors in the
Middle East region that have affected its own system.

6. Globalstar also questions information contained in Iridium’s status reports.
Globalstar states that Iridium has failed to adequately explain or support the
data contained in the reports.  According to Globalstar, the bar graphs
submitted with Iridium’s November report demonstrating system loading and
capacity are inconsistent based on the amount of spectrum accessible to
Iridium.  Globalstar also claims that the September and November monthly reports
are inconsistent with each other.  These inconsistencies, according to
Globalstar, make it impossible for the Commission to rely on Iridium’s data to
conclude that Iridium needs additional spectrum to support service to the Middle
East region.

7.  Second, Globalstar contends that the Communications Act does not authorize
the Commission to grant Iridium’s STA request.  Specifically, Globalstar claims
that the Commission can not dictate the terms and conditions of Iridium
operations in non-U.S. territories, such as the Middle East, because MSS systems
must obtain specific “landing rights” from each country for which they wish to
provide service.   While Globalstar states that it agrees that the Commission
has the authority to authorize space stations to operate internationally on
certain frequencies, the Communications Act does not confer on the Commission
the authority to dictate how various foreign countries implement the Big LEO
frequency plan.  In support of this argument, Globalstar refers to the Big LEO
Report and Order which states that the “decisions relating to the implementation
of Big LEO service within a country’s territory will remain within that
country’s jurisdiction and control.”   Thus, Globalstar concludes that while the
Commission may authorize the operation of a satellite to provide international
service in a certain frequency band, it cannot dictate whether service will be
provided in a particular country or on what frequencies the system will be
authorized to operate within a particular country’s borders.

8. Iridium filed an opposition to Globalstar’s petition.   Iridium notes that
DISA has again indicated its support for Iridium’s continued access to Channel
9.  As a result, Iridium states that a grant of additional time to use Channel 9
will further the U.S. national interest and the public interest by ensuring that
Coalition Forces continue to have access to critical communication services.
Iridium also contests Globalstar’s assertions that Iridium has failed to provide
data justifying its need for the additional spectrum.  Rather, Iridium states
that it has provided the Commission with data showing that use of the additional
spectrum has alleviated the demands on its system and nearly eliminated
acquisition failures.   Globalstar, Iridium states, has overlooked or ignored
the fact that Iridium’s spreading the number of calls over an increased amount
of spectrum has the effect of making the traffic density appear lower than it
really is.   Iridium also responds that, contrary to Globalstar’s assertions, it
has been an efficient and judicious user of the spectrum as evidenced by its
voluntarily discontinuing the use of one of the two 1.25 MHz channels then
authorized in its STA when, in early June,  traffic density decreased.   The use
of one channel, however, remains necessary to meet the level of demand that has
remained constant since that time.

9. Iridium also responds that the Commission’s authority to regulate Iridium’s
operations is well established.   Contrary to Globalstar’s claim, the Commission
is not, Iridium states, “dictating” to other countries what types of services
will be provided to those countries or on what frequencies the Iridium system
will be authorized to operate on within other countries borders.

10. Globalstar filed a reply to Iridium’s opposition.   Globalstar states that
Iridium failed to rebut its analysis concerning Iridium’s need for the addition
spectrum.   Globalstar also states that Iridium did not adequately refute
Globalstar’s analysis that the Commission cannot authorize the frequencies
Iridium may use for service to the Middle East region.

III. DISCUSSION

11. Information Supporting Iridium’s Request.  We find that Iridium has provided
sufficient data demonstrating its continued need for the additional spectrum to
handle the increase in  system traffic it has been experiencing in the Middle
East region as a result of U.S. military operations in that area.   If as
Globalstar asserts, there are other factors causing congestion to Iridium’s
system then these factors may support Iridium’s need for additional spectrum to
meet its traffic requirements.  Radio link failures potentially attributable to
interference from military radar and other “interferors” in the region cannot be
avoided and does not diminish Iridium’s need for additional spectrum to provide
communications services to our military and Coalition Forces.  Further, although
Globalstar questions the efficiency of Iridium’s system, we find that there are
pressing national and public interest concerns warranting a grant of temporary
authority to Iridium to operate in the 1610.21-1621.35 MHz frequency band to
provide communications services to U.S. and Coalition Forces in the Middle East
region.

12. Nonetheless, we find that Globalstar has not presented sufficient
information demonstrating Iridium’s failure to support its request for temporary
authority.  Globalstar states that the graph in the November 2003 report titled
“Middle East Erlangs/MHz” shows a 22 percent drop in traffic load from July
through September.  As a result, Globalstar claims that the second graph, titled
“% Regional Capacity” should also reflect a 22 percent drop in capacity between
the April, and July through September values.    Our review shows that
Globalstar’s analysis does not take into consideration the fact that in April,
Iridium was operating on 7.65 MHz of spectrum (5.15 MHz as originally authorized
and 2.5 MHz pursuant to the STA).  Further, in July, Iridium was operating on
only 6.4 MHz of spectrum (5.15 MHz as originally authorized and 1.25 MHz
pursuant to the STA).   This difference accounts for the capacity depicted in
Iridium’s graph of Regional Capacity.  Globalstar also questions the accuracy of
Iridium’s September status report.  In its analysis of the report, Globalstar
uses an unsupported assumption with respect to the percentage of calls that are
allowed to be blocked.  Consequently, we cannot rely on Globalstar’s assumption
to determine whether its analysis of Iridium’s information is accurate.  Rather,
we find that data submitted by Iridium shows that acquisition failures have
declined significantly with the use of the additional spectrum, enabling Iridium
to provide vital communications services with significant success rates under
heavy use.

13.  Commission’s Authority to Grant Iridium STA.   We also find that Globalstar
is incorrect in asserting that the Commission lacks authority to grant Iridium
this temporary authorization.   We responded to this argument in the October
Modification Order, in which we distinguished between the earth station and
space station segments of a satellite authorization and stated that the
Administration having jurisdiction with respect to the earth stations is
typically the one in which earth stations are physically located.    We also
noted that various sections of the Communications Act and International
Telecommunication Union treaty obligations authorize the Commission to grant
temporary authority or to modify Iridium’s space station authorization.
Globalstar, however, asserts that the Communications Act does not authorize the
Commission to mandate what frequencies Iridium uses for service to the Middle
East.  As Iridium explained in its initial STA request, “[b]ecause the Iridium
system is not currently able to assign frequencies based on geographic location,
Iridium seeks to use the additional 1.25 MHz of spectrum globally, not only in
the Middle East region.”   Consequently, as with Iridium’s prior temporary
authorizations, we grant Iridium’s request to operate in the 1620.10-1621.35 MHz
frequency band on a global basis, not just in the Middle East region, and to
operate on a non-harmful interference basis with respect to any other allocated
radio service in that band outside of the Middle East region.   Because
Globalstar is the only other system licensed by the Commission to operate in
that band, we require Iridium to operate with Globalstar on a co-equal status
with Globalstar in the Middle East region.  We impose this condition after
serious consideration of the national interests at stake and the critical
communications support Iridium provides to U.S. and Coalition Forces.   We also
consider that Globalstar has not demonstrated harmful interference to its system
or any significant disruption to its service as a result of Iridium’s
operations.  We expect both parties to cooperate to resolve any interference
problems that may arise in the Middle East region.   Globalstar has again failed
to offer a compelling reason as to why the temporary grant of additional
spectrum to Iridium, in order to provide vital communication services to U.S.
and Coalition Forces, does not serve the public interest.

14.  Globalstar’s references to the Commission’s Big LEO Report and Order, in
which the Commission stated that “decisions relating to the implementation of
Big LEO service within a country’s territory will remain within that country’s
jurisdiction and control” does not alter our conclusion that we have authority
to grant Iridium this temporary authorization.    The issue Globalstar raises
pertains to landing rights, or earth station authorizations, which we previously
acknowledged typically lies within the jurisdiction of the territory in which
the earth stations are located.   Globalstar also refers to the Commission’s
statement in the Big LEO order that it will not “mandate a band sharing scheme
to be followed beyond U.S. borders.”   In this instance however, we are merely
specifying frequencies pursuant to which Iridium may offer services on a
temporary basis.  In granting Iridium’s request, we are not specifying a “global
band plan.”  Other countries continue to retain the discretion as to whether to
allow services within their borders in accordance with the frequencies we are
authorizing Iridium to use on a temporary basis.

IV. CONCLUSION AND ORDERING CLAUSES

15. Based on the foregoing, we find that Iridium has presented extraordinary
circumstances warranting a grant of  temporary authorization for operations in
the 1620.10-1621.35 MHz band.   We find that this authorization will serve the
public interest by allowing Iridium to provide essential communications services
to support vital U.S. Government operations in the Middle East region.  This
action is taken without prejudice to the Commission’s action in the ongoing
rulemaking proceeding in IB Docket No. 02-364, Review of Spectrum Sharing Plan
Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems in the
1.6/2.4 GHz. Bands.

 16. Accordingly, IT IS ORDERED, that the request for special temporary
authorization filed by Iridium Constellation, LLC, File No.
SAT-STA-20031010-00313 is GRANTED.  Iridium is authorized to operate in the
1620.10-1621.35 MHz frequency band up to May 12, 2004 or until the use of the
additional frequencies is not required, whichever occurs first.

  17. IT IS FURTHER ORDERED, that the Iridium satellite system shall operate on
a co-equal status with the Globalstar satellite system in the 1620.10-1621.35
MHz band within the Middle East region.

 18. IT IS FURTHER ORDERED, that in areas outside of the Middle East region the
Iridium satellite system must operate in the 1620.10-1621.35 MHz frequency band
on a non-harmful interference basis with respect to any other allocated radio
service in that band.

 19. IT IS FURTHER ORDERED, that Iridium must file a report with the Commission
on the first day of each month, commencing January 1, 2004, demonstrating its
continued need and use of the 1620.10-1621.35 MHz frequency band.  This report
must include information regarding system loading and system capacity over the
Middle East region, from April 1, 2003 to the date of the report.

20. IT IS FURTHER ORDERED, that Iridium shall maintain the capability of
suspending operations in the 1620.10-1621.35 MHz band, upon notice from the
Commission, within no more than 24 hours.

21. This action is taken pursuant to 47 C.F.R. § 0.261; 47 U.S.C. §§ 309(f),
316(a) and 47 U.S.C. § 4(i).

FEDERAL COMMUNICATIONS COMMISSION

Thomas  S. Tycz
Chief
Satellite Division
     International Bureau
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3926A1.doc

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