NOTE: An Erratum is attached to the end of this document.

Federal Communications Commission (F.C.C.)

Order and Authorization

IN THE MATTER OF ORBITAL IMAGING CORPORATION

For Authority to Launch, and Operate a Private Remote-Sensing Satellite System
in Low-Earth Orbit
Application File No. 83-SAT-P/LA-98(2)

DA 99-353
Adopted: February 12, 1999
Released: February 17, 1999

By the Chief, International Bureau:

I. INTRODUCTION

  1. By this Order, we grant Orbital Imaging Corporation ("Orbimage") authority to launch and operate a private commercial high-resolution imagery satellite system in low-Earth orbit (LEO). This global land remote-sensing [FN1] satellite system, to be known as the OrbView System, will use passive optical sensors on satellites to measure light reflected, refracted or transmitted from the Earth's surface. These data will then be digitized and transmitted to ground stations and processed into useable information about natural and man- made phenomena on Earth. Orbimage intends to use the data to provide commercial/consumer, scientific, environmental, and U.S. and foreign national security services. Granting this application will increase competition in the market for satellite imagery data, and will advance U.S. leadership in the field of remote sensing technology.

II. BACKGROUND

  2. In 1984, Congress enacted the Land Remote-Sensing Commercialization Act,  [FN2] which transferred the government-owned remote sensing satellite system, Landsat, to the private sector and allowed the licensing of other commercial remote-sensing satellite systems. In 1992, the Land Remote Sensing Policy Act was enacted, incorporating the 1984 Act. These Acts vested concurrent responsibility for licensing private systems with the Department of Commerce through the National Oceanic and Atmospheric Administration ("NOAA") and the Federal Communications Commission. [FN3] The Department of Commerce, in conjunction with the Departments of State and Defense, ensures that the collection of remote sensing data does not compromise national security or foreign policy. [FN4] The FCC is responsible for licensing radio transmitting facilities associated with the data collection and for coordinating the frequencies used for these transmissions. The Commission determines whether the proposed operations are electromagnetically compatible with other system operations and whether any other operational or technical requirements should be imposed. [FN5]

  3. Orbimage's proposed space segment consists of two satellites in low-Earth orbit. [FN6] Orbimage proposes two earth stations for data downlinks and telemetry, tracking, and command ("TT&C") [FN7] and one transportable fixed earth station to be located in the United States. The satellites will occupy sun-synchronous [FN8] circular orbits, with an inclination of approximately 97 degrees and an altitude of approximately 470 kilometers. The system will operate in the 8025-8400 MHz frequency band for downlink transmissions, the 402-403 MHz and 2025-2110 MHz frequency bands for uplink TT&C and the 401-402 MHz band for downlink telemetry. Each OrbView satellite will carry optical imaging sensors. Under Orbimage's proposed system, the satellites will transmit digitized image data to the ground only when they are within line of sight of a receiving earth station. Data collected from the system will be used to produce images with nominal resolutions of one meter panchromatic (black and white) and four meters multispectral (color). One of the satellites also will provide two meter panchromatic resolution and may have the capability, as a result of the additional hyperspectral sensor it proposes to carry, to provide eight meter hyperspectral imagery data. [FN9] The products will be digital, which will allow either electronic or "hard copy" delivery to customers. [FN10] Finally, Orbimage seeks authority to operate as a non-common carrier.

  4. Orbimage requests authority to transmit from the satellites to receiving stations located in the United States in the 8 GHz band that is allocated for Earth Exploration Satellite Services ("EESS"). Specifically, Orbimage proposes to operate its system's wideband downlink at a center frequency of 8190 MHz with a bandwidth of 150 MHz. Orbimage requests authority to use the 2025 to 2110 MHz band, specifically the 2092.536-2092.664 MHz band, and the 402.705 - 402.735 MHz band for Earth-to-space TT&C functions. Orbimage proposes TT&C downlinks in the 8 GHz band and the 401.47 - 401.53 MHz band. No entities filed objections to Orbimage's application.

III. DISCUSSION

  5. Land remote-sensing satellites provide a variety of information that can be used to study, monitor, and understand both natural and man-made phenomena. For example, the collected data can be used for mapping, conservation, resource monitoring, law enforcement, environmental monitoring, and forecasting, as well as for carrying out national security functions. Orbimage cites studies estimating that the commercial market for remote sensing will reach $2 billion by the year 2000, [FN11] and asserts that the OrbView System will both stimulate and address this commercial demand.

A. Domestic Coordination Issues

  6. Orbimage proposes to transmit the collected data from its satellites to receiving earth stations within the 8025-8400 MHz frequency band. In the U.S. Domestic Table of Allocations this frequency band is allocated by footnote on a primary basis [FN12] to the non-government EESS [FN13] in the United States, subject to a case-by-case electromagnetic compatibility analysis with government facilities operating in the band. [FN14] Orbital dynamics and the locations of the two U.S. earth stations physically limit earth station visibility to a maximum of 12.5 minutes per 94 minute orbit. [FN15] Orbimage claims that typically an OrbView satellite would contact the two U.S. earth stations less than 15 percent of the time.

  7. Through the consultation process with NTIA, the Frequency Assignment Subcommittee of the Interdepartmental Radio Advisory Committee (FAS/IRAC) advised that the reception of downlink data transmissions in the 8115-8265 MHz frequency band at the earth stations, located in Virginia and Alaska, may receive harmful interference from the operation of existing transmitting earth stations and/or fixed stations. FAS/IRAC also noted that Orbimage will have to accept any interference from existing government stations operating in the 8115-8265 frequency band. In addition, other remote-sensing satellite systems will need to share frequencies with Orbimage, resulting in the need for coordination of operations and earth station location. We find that this shared use by United States government operations and multiple commercial remote- sensing satellite service entrants in the 8025-8400 MHz frequency band promotes competition in this market and is in the public interest. Accordingly, we authorize Orbimage to use the 8115-8265 MHz frequency band for downlink data transmissions for its two remote-sensing satellites, subject to two conditions: (1) Orbimage's use must be on an equal status to all other authorized primary users of the frequency band; and (2) Orbimage must complete frequency coordination of its operations, domestically and internationally, in this frequency band with other primary users, remote-sensing satellite system providers, and United States government operators in this frequency band.

  8. We also do not anticipate any problems with Orbimage's proposed TT&C operations. The 401-402 MHz band is allocated on a primary basis to the space operation service (which includes TT&C type operations). In the 2025-2110 MHz band, FN US90 authorizes non-Government systems operating in the EESS to transmit in the earth-to-space direction, subject to such conditions as may be applied on a case-by-case basis. [FN16] In the 402-403 MHz band, however, there is no specific space operation service allocation and EESS is only allocated on a secondary basis. Any use of the 402-403 MHz band by Orbimage for TT&C, therefore, must be on a non-interference basis to all other systems operating with primary and secondary status in the band. As a secondary user, Orbimage also will be required to accept any interference to it that is caused by any user operating in a primary service allocation. We anticipate, however, that Orbimage should be able to coordinate its uplink TT&C operations with existing users in the band so as to avoid harmful interference events.

B. Other Qualification Requirements

  9. The Commission has a statutory obligation to ensure that an applicant is qualified before granting a space station license. [FN17] To satisfy this obligation, the Commission may prescribe any necessary qualifications, including those relating to technical and financial ability. In the satellite area, these requirements have traditionally been formulated to reflect special characteristics of a particular service. [FN18] Orbimage maintains that it is technically and legally qualified to hold a license to construct, launch, and, operate a remote-sensing satellite service. We agree for the reasons articulated below.

  10. Orbimage is technically qualified to hold a license. When possible, we prefer to leave spacecraft design decisions to the space station licensees because the licensees are in a better position to determine how to tailor their systems to meet the particular needs of their customer base. If a proposal appears technically efficient and will permit additional entrants, we generally authorize the system if it is otherwise in the public interest. [FN19] Orbimage's proposed system appears to be technically efficient and will not preclude additional commercial remote sensing systems. Further, because the Orbimage system will transmit only when a satellite is within view of a receiving earth station, it may be possible for other remote-sensing systems to share frequencies with Orbimage by coordinating orbital geometries, data downlink times, and the location of earth stations.

  11. Similarly, the financial qualifications applied to applicants in a particular satellite service reflect the specific characteristics of that service. Historically, the Commission has fashioned financial requirements on the basis of the entry opportunities in the service being licensed. Where grant to one applicant will not prevent another applicant from going forward, the required financial demonstration has been rather liberal. For example, in the radiodetermination satellite service, where all applicants could be accommodated with our mandated system architecture and future entry was possible, only a detailed business plan was required. [FN20] Further, the Commission has waived the fixed-satellite service financial requirement of demonstrating full, irrevocable financing when additional entry was possible. [FN21] Here, grant of a license to Orbimage will not prevent at least several other systems from pursuing and implementing competing remote-sensing satellite systems. Given the multiple entry opportunities, we do not find it necessary to hold Orbimage to any particular financial standard at this time. To ensure that Orbimage implements its system in a timely fashion and does not impede entry by delaying deployment of its system, we will require Orbimage to adhere to satellite implementation milestones set forth in this Order and Authorization and to file annual reports to the Commission regarding the status of spacecraft construction. We expect that Orbimage will be able to achieve these milestones because the milestones projected by Orbimage in its application fall well within the implementation milestones set forth in this license.

C. International Coordination

  12. Orbimage is subject to international obligations under the International Radio Regulations. Orbimage will be required to provide the Commission with all information required to effect advance publication and notification of its satellite system pursuant to the International Radio Regulations and for consultation pursuant to Article XIV of the INTELSAT Agreement. Further, we remind Orbimage that authority to transmit remote-sensing data to earth stations located in other countries must be sought from the country in which the earth station is located. Authorization for transmissions between an earth station located in a foreign country and the Orbimage space segment is solely within the host country's jurisdiction.

E. Regulatory Treatment

  13. Section 332(c)(5) of the Communications Act, as amended, states that  "nothing in this section shall prohibit the Commission from continuing to determine whether the provision of space segment capacity ... shall be treated as common carriage." [FN22] Pursuant to this authority, we grant Orbimage's request that it be regulated as a non-common carrier. According to its application, Orbimage will not be providing communication services to any third party on a common carrier basis. All communications to and from the Orbview satellites will be for the internal and exclusive use of Orbimage, in conjunction with Orbimage's U.S. commercial remote sensing business. Because Orbimage is not providing any service on the Orbview system directly to end users, we will allow Orbimage to operate as a non-common carrier.

IV. CONCLUSION

  14. We find that Orbimage is qualified to hold a space station license in the Earth exploration-satellite service and grant of its application will serve the public interest, convenience, and necessity. Authorizing Orbimage to launch and operate a system consisting of two remote-sensing space stations will encourage the development of space and ground station technology in the Earth exploration-satellite service, which will result in the development of new markets and services in the remote-sensing satellite industry.

V. ORDERING CLAUSES

  15. Accordingly, IT IS ORDERED that Application File No. 83-SAT-P/LA-98 (2) IS GRANTED and Orbimage IS AUTHORIZED to launch and operate two space stations in accordance with the technical parameters set forth in its application and subsequent submissions related thereto.

  16. IT IS FURTHER ORDERED that, unless extended by the Commission for good cause shown, this authorization shall become null and void in the event that the space stations are not constructed, launched and successfully placed into operation in accordance with the technical parameters and terms and conditions of the authorization by the following dates:

                  Commence Construction  Complete Construction  Launch        
                  ---------------------  ---------------------  ------------- 
                                                                              
First Satellite   N/A                    August 2001            February 2001 
Second Satellite  August 2001            February 2002          August 2003   
  
  17. IT IS FURTHER ORDERED that the license term for the space stations is ten years and will commence on the date the licensee 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.

  18. IT IS FURTHER ORDERED that the temporary assignment of any orbital planes, or of any particular frequencies, to Orbimage 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.

  19. IT IS FURTHER ORDERED that Orbimage shall, within 10 days after a required implementation milestone as specified in this license, certify to the Commission by affidavit that the milestone has been met or notify the Commission by letter that it has not been met. At its discretion, the Commission may require the submission of additional information (supported by affidavit of a person or persons with knowledge thereof) to demonstrate that the milestone has been met.

  20. IT IS FURTHER ORDERED that this authorization is subject to the completion of consultations under Article XIV of the INTELSAT Agreement. Upon completion of this consultation, and notification by the Department of State that the United States has fulfilled its international obligations with respect to INTELSAT, no further action by this Commission will be required.

  21. IT IS FURTHER ORDERED that Orbimage, as required by Section 25.202(c) of the Commission's rules, 47 C.F.R. §  25.202(c), will prepare any necessary submissions to the International Telecommunication Union (ITU) for advance publication and notification of these space stations in accordance with the ITU Radio Regulations.

  22. IT IS FURTHER ORDERED that Orbimage is AUTHORIZED to offer remote-sensing satellite service on a non-common carriage basis.

  23. IT IS FURTHER ORDERED that Orbimage is afforded thirty days from the date of 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.

  24. IT IS FURTHER ORDERED that this Order and Authorization is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

Regina M. Keeney

Chief

International Bureau

FN1. "Land Remote Sensing" is "the collection of data which can be processed into imagery of surface features of the Earth from an unclassified satellite or satellites, other than an operational United States Government weather satellite." Land Remote Sensing Policy Act of 1992, Pub. L. No. 102-555, §  3(5), 106 Stat. 4164, 4165 (1992), 15 USC 82 § § 5621-5658. The term "remote sensing space system" is defined by the U.S. Department of Commerce as "any instrument or device or combination thereof and any related ground based facilities capable of sensing the Earth's surface from space by making use of the properties of the electromagnetic waves emitted, reflected, or diffracted by the sensed objects." 15 C.F.R. §  960.3.

FN2. The 1984 Act is codified at 15 U.S.C. §  4201.

FN3. Section 205(e) of the Land Remote Sensing Policy Act of 1992, P.L. 102- 555, made clear that "nothing in [the 1984 Act] shall affect the authority of the Federal Communications Commission pursuant to the Communication Act of 1934." 15 USC § 5625(e).

FN4. The Department of Commerce granted a license to Orbital Sciences Corporation, Orbimage's parent company, on May 5, 1994. This license was modified in 1995 to name Orbimage as the licensee). Application of Orbital Imaging Corporation before the FCC (Feb. 2, 1998) at 6 (Orbimage Application)

FN5. The Commission is also responsible for the publication, coordination, and notification of the frequency assignment with the International Telecommunication Union (ITU) Radiocommunication Bureau, pursuant to the International Radio Regulations of the ITU. 47 C.F.R. §  25.111(b).

FN6. Orbimage Application at 14.

FN7. TT&C operations control and monitor a satellite's electrical function and orbit from a fixed-earth station and allow information to be transmitted to the satellite that can alter the electrical function of the spacecraft and, if necessary, adjust that orbit. TT&C functions may be conducted in bands allocated to the space operation service or in the band on which the underlying service is being provided. 47 C.F.R. §  2.1.

FN8. A sun-synchronous orbit permits the earth observing remote-sensing satellite to pass directly over a given spot on the ground at the same local time; i.e., with the sun in essentially the same position in the sky from one day to the next. As a result, shadows in pictures taken on different days by the satellite are at the same angles, making it easy to detect earth environmental changes over time.

FN9. Orbimage Application at 16.

FN10. Orbimage Application at 17.

FN11. Orbimage Application at 10.

FN12. Services allocated on a co-primary basis have equal rights to operate in a particular frequency band. Stations operating in primary services may claim protection from harmful interference from stations in secondary services. Moreover, stations operating in a secondary service cannot cause harmful interference to nor claim protection from harmful interference from stations of a primary service. 47 C.F.R. § §  2.104(d) and 2.105(c).

FN13. Remote sensing systems are intended to operate in the EESS allocation. EESS is defined as "[a] radiocommunication service between earth stations and one or more space stations, which may include links between space stations in which: (1) information relating to the characteristics of the Earth and its natural phenomena is obtained from active sensors or passive sensors on earth satellites; (2) similar information is collected from air-borne or earth-based platforms; (3) such information may be distributed to earth stations within the system concerned; and (4) platform interrogation may be included." 47 C.F.R. §  2.106.

FN14. 47 C.F.R. §  2.106, US Footnote 258.

FN15. Orbimage Application at 4.

FN16. See 47 C.F.R. §  2.106

FN17. 47 U.S.C. §  308(b).

FN18. See, e.g., Second Report and Order in Gen. Docket No. 84-1234, 2 FCC Rcd 485, 488 (1987) (Upper L-Band Mobile-Satellite Service Order).

FN19. See, e.g., Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Non-Voice, Non-Geostationary Mobile-Satellite Service, 8 FCC Rcd 8450 (1993) (NVNG MSS Order).

FN20. Amendment of the Commission's Rules to Allocate Spectrum for, and to Establish Other Rules and Policies Pertaining to, a Radiodetermination Satellite Service, 104 FCC 2d 650 (1986).

FN21. In the Matter of Applications of Norris Satellite Communications, Inc. Application for Authority to Construct, Launch and Operate Communications Satellites in the KA-Band, Order and Authorization, 7 FCC Rcd 4289 (1992).

FN22. 47 U.S.C. §  332 (c)(5).

ERRATUM

Erratum Released: February 24, 1999
Erratum Adopted: February 23, 1999

By the Chief, International Bureau:

  1. On February 17, the International Bureau released an Order and Authorization (DA-99-353) in the above-captioned proceeding. This Erratum corrects an error in paragraph 16 in the released version of the Order and Authorization. This correction will be reflected in the FCC Record as well as in the version available for download from the Commission's Internet site.

  2. In paragraph 16 correct the milestone dates to read:

                  Commence Construction  Complete Construction  Launch        
                  ---------------------  ---------------------  ------------- 
First Satellite   N/A                    August 2001            February 2002 
Second Satellite  August 2001            February 2003          August 2003   

FEDERAL COMMUNICATIONS COMMISSION

Regina M. Keeney

Chief

International Bureau

1999 WL 74140 (F.C.C.), 14 F.C.C.R. 2997, 14 FCC Rcd. 2997

END OF DOCUMENT