FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 6,072
xiii, 5879-6813 p. ; 28 cm.View a full description of this book.
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United States.'5 This is consistent with the Chairman's Note to the Basic Telecom
Agreement, which states that WTO Members may exercise their domestic
spectrum/frequency management policies when considering foreign entry. Thus, in
DISCO II, we stated that when grant of access would create interference with U.S.licensed
systems, we may impose technical constraints on the foreign system's operations
in the United States or, when conditions cannot remedy the interference, deny access.16
8. Under the Radio Regulations of the International Telecommunication
Union (ITU), operators of satellite systems are required to coordinate their spectrum use
to prevent interference to, and receive protection from, other systems. In North America
and nearby international airspace and maritime areas, five satellite systems, which all
operate in geostationary-satellite orbit (GSO), currently provide service in the L-band's
66 megahertz (33 megahertz in each transmission direction) MSS allocation.
International coordination of the L-band frequencies has been difficult because the stated
requirements of the five systems involved in the coordination far exceed the 66
megahertz of spectrum available.
9. In 1996, the operators of the five North American L-band systems
signed a Memorandum of Understanding (MoU). The MoU specified that spectrumrm
allocations to individual operators will be reviewed annually on the basis of actual usage
and short-term projections of future need." Unlike most international coordinations that
create permanent assignments of specific spectrum, the operators' assignments can
change from year to year based on their marketplace needs. Significantly, each of the
five operators received less spectrum than it had requested for its system, for its longterm
use and, in some cases, less spectrum than it had been authorized to use by its
respective administration. This includes Motient, which has not been able to coordinate
all the spectrum for which it is licensed. While the operator-to-operator agreement
expired in 1999, the five parties have continued to coordinate their operations informally
and have been operating interference-free.
10. Opponents argue that a grant of Kitcomm's LOI request would interfere
with existing L-band operations. Motient states that while it does not currently operate in
the portion of the L-band that Kitcomm proposes to use-the "lower L-band"--its
pending application for its second-generation MSS system proposes to use those
frequencies.'7 Moreover, Motient notes that both Inmarsat and the Mexican system
operate on Kitcomm's proposed frequencies."8 According to Motient, the additional
5 DISCO II, 12 FCC Rcd at 24159 (para. 150).
16 id
'7 Motient Opposition at 3. Since the time it filed its comments, Motient received authority to expand its
"upper L-band" operations into the "lower L-band." See Establishing Rules and Policies for the Use of
Spectrum for Mobile Satellite Service in the Upper and Lower L-band, Report and Order, 17 FCC Rcd
2704 (2002).
18 Motient Opposition at 5.6072
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United States. Federal Communications Commission. FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004, book, April 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4077/m1/213/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.