FCC LAYS DOWN LAW FOR 10 KA-BAND SATELLITE COMPANIES
As expected, FCC issued decisions Wed. modifying licenses of 10 companies to launch and operate geostationary (GEO) satellites to provide fixed satellite services (FSS) with intersatellite links (ISLs) in Ka-band (CD Jan 31 p1). Companies also received downlink operating frequencies for satellite-to-user transmissions. Holders of 10-year licenses also are required to coordinate service with U.S. govt., NTIA, ITU and each other. Motorola, EchoStar, CyberStar, GE Americom, Hughes, Loral Space, PanAmSat, Teledesic, VisionStar and WB Holdings were recipients of modified licenses. In wide-reaching orders from International Bureau, Commission set stage for companies to offer broad range of advanced broadband services, including telephony, video, high- speed Internet, data. Each of licensees received additional 250- 500 MHz of spectrum.
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However, FCC imposed stringent milestones on each with firm deadlines for construction, launch and operation (L&O) of entire fleet that ranged from Jan. 2002 to Jan. 2007. Perhaps responding to charges throughout industry of widespread warehousing and responding to growing demand for spectrum (CD July 31 p1), Commission told companies failure to meet any of milestones would require automatic forfeiture of license. Industry source said order offered some of strongest language yet on “importance of meeting milestones… It looks like they finally mean business. Before, I don’t really think people took milestones seriously. You knew you could always get an extension.”
Motorola must begin construction of first satellite by Jan. 2002 and remaining 3 by Jan. 2003, FCC said. It also must begin L&O 4 satellites by June 25, 2005. First construction milestone for Hughes is Jan. 2002, 7 others at Jan. 2003. For L&O, milestones are Oct. 2004 for 2 satellites, June, 2005 for 2 satellites and July 2005 for 4 satellites. In addition, Commission ruled petition by Norris Satellite Communication license to operate GSO FSS Ka-band satellite at 90 degrees W slot allocated to Motorola “moot.”
EchoStar received construction deadline for 2 interconnected satellites of Jan. 2002 for first and Jan. 2003 for 2nd, with dates for L&O June 2005. EchoStar received additional bonus because of planned takeover of VisionStar (CD Jan 9 p8). New EchoStarVisionStar Corp. has filed application with Commission for transfer of control from VisionStar. Meanwhile, Commission is considering request from VisionStar to hold milestone deadlines until order is issued. Current deadline for construction of satellite is April 2002 with L&O milestone at May, 2002.
Teledesic, which will operate 288 satellites, including 24 active satellites, in 12 orbital planes must construct first 2 by Jan. 2002 and remaining ones by Jan. 2004. Company received longest L&O milestone among licensees with first deadline set at Sept. 2004 and rest Jan. 2007. WB Holdings received construction milestone of Jan. 2002 for first satellite and Jan. 2003 for other. L&O dates are June 2005 and Oct. 2006 respectively. PanAmSat, which lost 2 Ka-band licenses it received in first round for failure to meet milestones, received authority for 7 orbital locations for satellites it obtained from Hughes as part of merger. Construction deadlines are Jan. 2002 for first satellite and Jan. 2003 for rest. L&O milestones range from June-July 2005. Commission said reconsideration petition by PanAmSat will be considered in future. GE Americom received authority for ISLs for 9 satellites. Milestones will be considered later by Commission.
Despite license, Commission deferred action on request by CyberStar to perform its spacecraft tracking, telemetry and command (TT&C) operations in extended C-band. FCC said proposed TT&C operations would constitute nonconforming action in band. FCC promised to reconsider if CyberStar could prove its system wouldn’t interfere or if it were successfully coordinated with other operators in band. Commission changed CyberStar orbit location for one satellite from 28 degrees E to 93 degrees W. Milestones were set as follows: Construction of first satellite Jan. 2002, other 2 by Jan. 2003. L&O dates range June-July 2005.