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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before theFEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of the Application of ) ) EARTHWATCH INCORPORATED ) File No. ) 137-SAT-ML-96 For Modification of its ) Authorization to Construct, ) Launch and Operate a Remote ) Sensing Satellite ) System ) ORDER AND AUTHORIZATION Adopted: 28 April 1997 Released: April 29, 1997 By the Chief, International Bureau: I. Introduction 1. In August 1995, we authorized EarthWatch Incorporated ("EarthWatch") to construct, launch and operate a remote-sensing satellite system consisting of two low-Earth orbit ("LEO") satellites which would operate in the Earth exploration-satellite service allocation. In July 1996, EarthWatch applied to the Commission to modify its authorization to add two satellites. EarthWatch requests modification to improve the ground image resolution capability of the LEO remote-sensing satellite system. 2. We grant EarthWatch's application for modification, subject to the conditions set forth in this Order and Authorization ("Order"). II. Background 3. In our August 1995 Order, we found EarthWatch technically and financially qualified to receive a license in the Earth exploration-satellite service and authorized EarthWatch to construct, launch and operate two space stations as part of the first commercial remote-sensing satellite system. Each satellite is designed to last three years, carry two passive optical sensors, and operate in a sun-synchronous circular orbit at an altitude of 403 kilometers and an inclination angle of 97 degrees. The passive optical sensors on the satellites measure light reflected from objects or phenomena on the Earth's surface. This light is then converted into data and transmitted to a central earth station where it is processed into useable information about the "remotely-sensed" object or phenomenon. 4. In 1996, we granted EarthWatch permits and licenses to construct two earth stations to be located at Longmont, Colorado and Fairbanks, Alaska for use in connection with EarthWatch's LEO remote-sensing satellite system. 5. In July 1996, EarthWatch filed an application with the Commission seeking authority to construct, launch and operate two additional LEO remote-sensing satellites for its system. According to EarthWatch, the two additional satellites will resemble the previously authorized satellites but will operate with the following improvements. They will orbit at inclination angles of 52 degrees and at altitudes of 600 kilometers to improve data gathering. The satellites will last five years. The resolutions of their optical sensors will be 1 meter IFOV panchromatic and 4 meters IFOV color, compared to 3 meters and 15 meters, respectively, for the first two authorized satellites. This will improve their ground image resolution. The bandwidth of the space-to-earth data downlink in the 8025-8400 MHz frequency band will be increased to 320 MHz from 35 MHz for the first two authorized satellites, to handle the increased data flow resulting from the improved resolution of the optical sensors. Encrypted downlink telemetry transmissions containing satellite and sensor data and processing information will be in the 8025-8400 MHz frequency band and operate in a 4.2 MHz channel at approximately 8030 MHz. And, uplink telemetry transmissions to the two additional satellites will be in the 2025- 2110 MHz frequency band via a 30 KHz channel. Communications to and from the satellites will occur only while the satellites are in view of EarthWatch's earth stations in the United States, Italy or Japan. The additional telemetry and command frequencies requested by EarthWatch are required to support the two additional LEO remote-sensing satellites. 6. We put EarthWatch's application to modify its authorization on public notice and no comments or oppositions were filed. 7. The Department of Commerce's National Oceanic and Atmospheric Administration ("NOAA") licensed WorldView Imaging Corporation ("WorldView") and Ball Aerospace and Communications Group ("Ball") to operate LEO remote-sensing satellite systems pursuant to the Land Remote Sensing Policy Act of 1992 (the "Land Remote Sensing Act"). EarthWatch is a subsidiary corporation of Ball. In connection with the subsequent merger of WorldView into EarthWatch, NOAA approved the transfer of Worldview's and Ball's operating licenses to EarthWatch. EarthWatch contends that the NOAA operating licenses authorize it to add two LEO remote-sensing satellites to its system. Under the Land Remote Sensing Act, the Secretary of Commerce must license a private U.S. remote-sensing satellite applicant before the applicant can operate a satellite system. However, the Commission is only responsible for licensing all radio transmitting facilities and frequencies used to collect data by remote-sensing satellite systems. III. Discussion 8. In reviewing EarthWatch's application we must determine whether or not the proposed modifications will interfere with other authorized operations in the 8025-8400 MHz and 2025-2110 MHz frequency bands in which EarthWatch desires to operate. More generally, we must also determine if EarthWatch remains qualified to construct, launch and operate the LEO remote-sensing satellite system, as modified. A. Operation in 8025-8400 MHz Frequency Band 9. EarthWatch proposes to downlink data in the 8025-8400 MHz frequency band and operate its downlink telemetry, tracking and command ("TT&C") functions for the two additional satellites in this band as well. The 8025-8400 MHz frequency band is allocated on a primary basis to the non-government Earth exploration-satellite service in the United States, subject to a case-by-case electromagnetic analysis of compatibility with United States government and other authorized operations in the band. (i) Downlink Data Transmissions 10. EarthWatch's currently authorized satellites use 35 MHz of spectrum at 8305- 8340 MHz for downlink data transmissions. So that it can accommodate the increased data flow expected from its two additional satellites, EarthWatch requests authorization for the two additional satellites to use 320 MHz of spectrum at 8025-8345 MHz for downlink data transmissions. 11. The Interdepartmental Radio Advisory Committee determined that the reception of downlink data transmissions in the 8025-8345 MHz frequency band at the Longmont, Colorado earth station may receive harmful interference from the operation of existing transmitting earth stations and/or government fixed stations. In addition, our August 1995 Order stated that other remote-sensing satellite systems may need to share frequencies with EarthWatch would be required to coordinate its operations and the location of its earth stations with any other systems. We believe that preserving the 8025-8400 MHz frequency band for shared use by United States government operations and new commercial remote-sensing satellite service entrants promotes competition in this market and is in the public interest. Accordingly, we authorize EarthWatch to use the 8025-8345 MHz frequency band for downlink data transmissions for its two additional LEO remote-sensing satellites, subject to two conditions: (1) EarthWatch's use must be on an equal status to all other authorized primary users of the frequency band; and (2) EarthWatch's completion of 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. (ii) Downlink TT&C Transmissions 12. We also authorize EarthWatch to conduct downlink TT&C operations in a 4.2 MHz channel at 8030 MHz for the two additional LEO remote-sensing satellites, on the condition that it share this frequency band and coordinate its use of the band with other primary commercial users and United States government operators. B. Operation in the 2025-2110 MHz Frequency Band 13. EarthWatch proposes to conduct uplink TT&C transmissions for its two additional satellites in the 2025-2110 MHz frequency band. The 2025-2110 MHz frequency band is allocated on a domestic basis to earth-to-space transmissions for space research and Earth exploration-satellite service subject to such conditions as may be applied on a case-by-case basis. Such transmissions shall not cause harmful interference to non-Government stations operating in accordance with the Table of Frequency Allocations. The definition of Earth exploration-satellite service includes any feeder links necessary for operation of the service. Feeder links are radio links conveying information, TT&C signals for example, between an earth station and a satellite other than for a space radiocommunication service. 14. The Earth exploration-satellite service permits use of feeder links necessary to convey non-space radiocommunication service information from an earth station to a satellite. We find that TT&C transmissions are necessary for tracking and control of all aspects of the space operations of EarthWatch's two additional LEO remote-sensing satellites. Thus, we conclude that Footnote US 90 to the Table of Frequency Allocations in the Commission's Rules permits TT&C transmissions in any feeder links used for Earth exploration-satellite service in the 2025-2110 MHz frequency band. Accordingly, we authorize EarthWatch to use 30 KHz of bandwidth at the 2085.6875 MHz and 2094.896 MHz frequencies for its uplink TT&C transmissions. Such use, however, must be on an equal status to all other authorized non- government systems operating under a primary status in the frequency band. As an operator sharing this frequency band, EarthWatch will also be required to complete frequency coordination with other primary users of an allocated service. We believe that EarthWatch should be able to coordinate its uplink TT&C operations with other primary users in the band and do not view EarthWatch's choice of an uplink TT&C frequency in the 2025-2110 MHz frequency band as a reason to deny its application for modification of its authorization. C. Qualification 15. In our August 1995 Order, we determined that EarthWatch is qualified to operate a system in the Earth exploration-satellite service. At this time, we are not aware of any new facts or circumstances that would warrant a review of that determination. EarthWatch, therefore, is qualified to hold space station licenses for the two additional satellites it proposes to operate. D. International Coordination 16. The two additional satellites to be constructed, launched and operated by EarthWatch will become part of its global LEO remote-sensing satellite system. As required in our August 1995 Order, EarthWatch shall provide the Commission with all information required for advance publication, coordination and notification of frequency assignments pursuant to the international Radio Regulations and for consultation pursuant to Article 14 of the INTELSAT Agreement. In view of EarthWatch's intention to locate earth stations in Italy and Japan, we reiterate that the Commission will retain jurisdiction to require United States licensees to meet both their international obligations and any national requirements imposed by other licensing administrations. Authorizations and approvals required for the implementation of a transmission link between an earth station and the EarthWatch space segment will remain solely within the host country's jurisdiction. IV. Conclusion 17. Granting EarthWatch's application to add two satellites to its previously authorized LEO remote-sensing satellite system serves the public interest, convenience and necessity. The improved image resolution expected from EarthWatch's two additional satellites should increase competition in the market for satellite imagery data. This benefit alone is in the public interest. V. Ordering Clauses 18. Accordingly, IT IS ORDERED that, subject to the conditions set forth in this Order, Application File No. 137-SAT-ML-96 IS GRANTED and EarthWatch IS AUTHORIZED to construct, launch and operate two additional space stations in the Earth exploration-satellite service to operate in the 8025-8345 MHz frequency band and telemetry, tracking and command in the 2025-2110 MHz frequency band in accordance with the technical parameters set forth in the EarthWatch Application. 19. IT IS FURTHER ORDERED that, unless extended by the Commission for good cause shown, this authorization will become null and void in the event the space stations are not constructed and launched in accordance with this authorization by the following dates: Commence Construction Complete Construction Launch Two Satellites July 1997 July 1998 August 1998 20. IT IS FURTHER ORDERED that EarthWatch, as required by Section 25.202(c) of the Commission's Rules, will prepare the necessary submissions for advance publication, international coordination and notification of these space stations to the ITU in accordance with ITU's Radio Regulations and for consultation in accordance with Article XIV of the INTELSAT Agreement within 60 days of the release of this Order. 21. IT IS FURTHER ORDERED that the temporary assignment of any orbital planes, or of any particular frequencies, to EarthWatch 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. 22. IT IS FURTHER ORDERED that EarthWatch is afforded 30 days from the date of release of this Order to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 23. IT IS FURTHER ORDERED that this Order is issued pursuant to Section 0.261 of the Commission's Rules on Delegations of Authority, 47 C.F.R.  0.261. 24. IT IS FURTHER ORDERED that this Order is effective upon the date of its release. 25. IT IS FURTHER ORDERED that our August 1995 Order remains in full force and effect. FEDERAL COMMUNICATIONS COMMISSION Peter F. Cowhey Chief, International Bureau