checking the date and time. FCC representation (perhaps one or two Commis sioners and Mr. Watkins) will be included. I recommend that the CSC not be included in this meeting. Unless you have instructions to the contrary I will go ahead with arrange ments for the meeting. Approved by DTM November 24, 1964. W. E. PLUMMER EXHIBIT 6.-MEMORANDUM OF DECEMBER 3, 1964 Memorandum for: Mr. J. R. McElroy, NASA; Mr. William H. Watkins, FCC; Mr. Nathaniel White, DOA; Mr. Wilfrid Dean, Jr., DCA; Lt. Col. Leo A. Buss, USAF. Subject: NASA's applications technological satellite meeting. This will confirm the meeting with Mr. O'Connell at 9:30 a.m.. Friday. December 11, in room 213, Executive Office Building, concerning frequencies for NASA's applications technological satellite. The purpose of the meeting is to 1. Be briefed on NASA's applications technological satellite. 2. Examine the proposed use of the 4- and 6-gigacycle parts of the radio spectrum for data links between the earth and the satellite in light of the existing situation. 3. Learn the cost in time and dollars in a change to the 7- and 8-gigacycle parts of the spectrum at this stage in the project development. 4. Decide whether to shift to the 7- and 8-gigacycle bands or to go ahead in the 4- and 6-gigacycle bands. Mrs. Helen Tallman, code 128, extension 21330, should be given the names of the persons expected to attend, no later than the close of business Wednesday. December 9, 1964, so we can arrange clearance into the building. W. E. PLUMMER. EXHIBIT 7.-COMSAT VIEWS OF DECEMBER 31, 1964 Gen. JAMES D. O'CONNELL, COMMUNICATIONS SATELLITE CORP., Director of Telecommunications, Management, Office of Emergency Planning. Executive Office Building, Washington, D.C. DEAR GENERAL O'CONNELL: I am sending you herewith a copy of a letter which I am today sending to Chairman Henry of the Federal Communications Commi sion with respect to the proposed use by NASA for its ATS program of frequencies in those 4- and 6-Gc/s bands which are presently allocated to the communication satellite and fixed and mobile services. Sincerely, Enclosure. The Honorable E. WILLIAM HENRY, JOSEPH V. CHARYK. COMMUNICATIONS SATELLITE CORP., Chairman, Federal Communications Commission, DEAR MR. HENRY: It is our understanding that the National Aeronautics and Space Administration is planning to use for its advanced technology satellite (ATS) program, frequencies in those 4- and 6-Ge/s bands which are presently allocated to the communication satellite, fixed and mobile services. We view this proposed use with considerable concern, since we will operate a global conmunication satellite system within these same bands. Our past experience in the selection of frequencies for the HS-303 program bas demonstrated that the greatest possible latitude concerning available frequencies i is an essential for optional operation of a communication satellite system as is the absence of all unnecessary interference. With this in mind, we have care fully reviewed our anticipated frequency requirements and the possible adverse effect of NASA's proposed use of frequencies in the 4- and 6-Gc/s bands for its ATS program. It is our opinion that NASA's use of frequencies within these bands to fully exploit the potential of the ATS program, at least unless carefully restricted, could well create the risk of serious difficulties in connection with the optimum exploitation of these bands for commercial purposes. We realize that the study of communication satellite techniques in the ATS program may in part inure to the benefit of the developers of the global commercial communications satellite system, but those objectives of the program which would be most valuable to our operations may be achieved by using frequencies in the 7- and 8-Gc/s bands also allocated to the communication satellite service. At present we anticipate no immediate conflicts between the HS-303 and the ATS program. However, by 1967 or 1968, intermittent silencing of NASA satellites will be required with increasing frequency. Admittedly, some time and expense must be suffered if the ATS program is to be transferred to the 7 and 8 Gc/s bands, but this would be justified by the benefits to be derived from its natural evolution into a facility not inherently limited by required intermittent shutdowns. In the event that it should be considered improvident to transfer the ATS program to the 7 and 8 Gc/s bands, we would hope that in protecting our authorized communication satellite service the FCC would insist upon the following operating conditions for the ATS program: 1. That the program be limited to five satellites which, at a minimum, will comply with standards established by the ITU's Final Acts (EARC-Geneva 1963). All operations within the program should be strictly experimental and should not at any time be used to carry NASA's administrative traffic or other traffic for governmental entities. 2. That a timer be incorporated within each satellite to assure permanent cessation of operation after the period of useful programed experimentation has elapsed. In light of previous experience and the fact that new satellites are scheduled for launch each 6 months, a 1-year timer should be appropriate. 3. That, during the experimental period, prior to cessation of satellite emissions by automatic timer, all radio emissions in the 4 and 6 Gc/s bands associated with the ATS program should not interfere with any nongovernmental services within the bands. If an authorized nongovernmental service within the bands complains of any interference resulting from the ATS program, the source from within the ATS program causing the interference should be silenced immediately and remain quiet until NASA has demonstrated that its further operation will not interfere with authorized nongovernmental operations. 4. Should authorized nongovernmental operations sustain damage as a result of interference from the ATS program prior to cessation of such interfering emissions, NASA should reimburse the operation interfered with to the extent of the damage it has sustained. Furthermore, all expenses incurred by authorized nongovernmental services in supplying NASA with technical data necessary to avoid interference being caused by the ATS program to such nongovernmental services should be borne by NASA. Each of the above-mentioned safeguards is fully consistent with NASA's expressed objectives for the ATS program. If faithful observance of all these conditions is assured by a clear and precise written memorandum of understanding, our authorized communication satellite service would appear to be adequately protected. In the future we would assume governmental experimentation would be excluded from the 4 and 6 Gc/s bands. Sincerely, JOSEPH V. CHARYK. EXHIBIT 8.-ARTICLE EXCERPTED FROM TELECOMMUNICATIONS REPORTS OF JANUARY 18, 1965 FREQUENCIES USED BY NASA IN ATS PROGRAM BEING EXAMINED BY AGENCIES Use of frequencies in the 4 and 6 gigacycle bands by the National Aeronautical and Space Administration in its advanced technological satellite program— which includes the Syncom project-is being examined by interested Government agencies to decide if there should be a shift to the 7- and 8-gigacycle bands. A determination is expected in the near future. In the first hearing of its kind in a new approach to the question of frequency uses by Government agencies, James D. O'Connell, Director of Telecommunications Management, recently was given an outline by NASA of its program as it involves the choice of frequencies. At the same time, the Communications Satellite Corp. has presented its views on the subject to the FCC. Presentations to Mr. O'Connell by various Government agencies on topics of current interest at periodic intervals, possibly at the rate of about one a month, are anticipated. The procedure is somewhat akin to a regular public hearing, but attendance of course is limited to active participants and Mr. O'Connell's staff. Under Research-where the controlling factor in frequency use is noninterferencehas been pursued by NASA in the ATS program in the 4- and 6-gc area. consideration now, as the program moves out of the research stage, is the question of what would be involved if a move were made to the 7- and S-ge bands. In addition to the FCC, interest in the use of the frequencies is held by the Interdepartment Radio Advisory Committee, which worked out in agreement with the Commission for use of the band by NASA for its research program. One factor to be considered, it has been pointed out, is the matter of more money and additional time that will be needed to carry the ATS program if there is a frequency switch. Another is the possible advantage resulting from conducting research in an area of the spectrum which would be available later for operational use. EXHIBIT 9.-FCC LETTER OF MARCH 1, 1965, LISTING CONDITIONS FOR ATS FEDERAL COMMUNICATIONS COMMISSION, Mr. JAMES D. O'CONNELL, DEAR MR. O'CONNELL: The Commission has had under consideration the advisability of permitting the planned use of frequencies in the non-Government bands 3700-4200 and 5925-6425 Mc/s by the National Aeronautics and Space Administration (NASA) in support of the Applications Technological Satellite (ATS) program. As you know, those bands are the primary common carrier microwave bands in the United States and, following the conclusion of rule making now in progress in docket No. 15722, it is intended that they shall also be made available on a coequal basis to the communication-satellite service. The possibility of harmful interference from operations in the ATS program is therefore a matter of considerable concern. We have been advised that a frequency change to the 7- and 8-Gc/s bands would entail costs estimated at $15 million and would delay the ATS program about 1 year. We have also been advised that a number of other countries have committed time and funds to participate in the program and they would be affected similarly. Therefore, it would appear to be in the national interest to permit the ATS program to continue on its presently planned frequencies, if adequate safeguards are established to protect non-Government use of the bands 3700-4200 and 5925-6425 Mc/s. Accordingly, the Commission will interpose no objection to NASA's use of appropriately coordinated 4- and 6-Gc/s frequencies for use in the ATS program at Rosman, N.C., and Mojave, Calif., and on board the ATS satellites, on the basis of the following understandings: 1. Authority to use the frequencies shall be limited to the ATS program as now planned, that is five satellites in five successive launches. 2. The ATS program shall remain a truly experimental one in which the maximum experimental use is derived from the useful life of the satellites. In other words, NASA shall make no plans or agreements to turn over the satellites to any other Government agency for operational communication use. 3. NASA shall not use any of the ATS satellites for handing administrative traffic of NASA or the communication traffic of any other U.S. agency. 4. Operations in the ATS program shall not cause harmful interference to any non-Government operations in the bands 3700-4200 and 5925-6425 Mc/s, now licensed or to be licensed in the future. Among other things, this will probably require NASA to program its operation so as to avoid interference through eclipsing. The cost of such programing would necessarily be borne by NASA. 5. In view of the experimental temporary nature of the ATS program, authorizations should be limited to a 2-year period, recognizing that subsequent renewals would be required throughout the life of the program. This is consistent with current practices for experimental programs. 6. NASA should take steps promptly to insure that any follow-on research after ATS can be accomplished in either the 4- and 6-Gc/s and 7- and 8-Gc/s bands as the facts then indicate. An operation to be conducted on a "noninterference basis," such as will be the case in the ATS program, is not entitled to protection from interference that might be caused by licensed stations operating in the service or services to which the band is regularly allocated, even though such stations might not be licensed until after the ATS program is underway. Nonetheless, in view of the magnitude and importance of the ATS program, it is important that steps be taken to minimize the probability of mutual interference among earth stations in the ATS program, earth stations in the communication-satellite service and terrestrial stations in the 4- and 6-Gc/s bands. To the extent practicable we would hope to avoid licensing line-of-sight microwave systems at locations and on frequencies such that their transmissions would interfere with reception in the 4-Gc/s band at Rosman and Mojave and conversely, to avoid licensing systems at locations and on frequencies such that they would receive interference from ATS earth stations at Rosman and Mojave in the 6-Gc/s band. It is suggested, therefore, that any authorization to NASA to operate in the 4- and 6-Ge/s bands be contingent upon their supplying the Commission with coordination distance contour maps for reception and transmission at Rosman and Mojave, prepared in accordance with recommendation 1A of the Final Acts of the Space EARC, 1963, using the parameters that would be applicable to communication-satellite earth stations rather than to space research earth stations. This letter was approved by the Commission on February 24, 1965. By direction of the Commission. E. WILLIAM HENRY, Chairman. EXHIBIT 10.-LETTER TO NASA FROM DIRECTOR OF TELECOMMUNICATIONS MANAGEMENT LISTING CONDITIONS OF ATS OPERATIONS, AND PRESS RELEASE OF APRIL 1, 1965 EXECUTIVE OFFICE OF THE PRESIDENT, Hon. JAMES E. WEBB, Administrator, National Aeronautics and Space Administration, Washington, D.C. DEAR MR. WEBB: I refer to the applications of the National Aeronautics and Space Administration for the assignment of the frequencies 6212.094 and 6301.050 MHz with 10-kilowatt power at the Rosman, N.C. and Mojave, Calif. earth statios, the frequencies 4119.938 and 4178.934 MHz with 2.5 watts power from the satellite for data transmission to earth stations, and the frequencies 4135.277 and 4194.492 MHz with 2.5 watts power for satellite beacon facilities, in the applications technology satellite (ATS) program. These applications, which had been submitted to the Interdepartment Radio Advisory Committee some months ago, were referred to my office without action, at my request, in order to determine the possible impact of the use of the 4 and 6 GHz bands in the ATS program, on the program of the Communications Satellite Corp. (CSC) which is to use the same bands, and whether a shift of the ATS to the 7 and 8 GHz bands therefore would be justified. I conducted an informal hearing in the matter at my office on December 11, 1964, at which representatives of the NASA, the FCC and my office participated, with the objective of determining the facts upon which a decision in the matter could be reached. During the course of the hearing significant points were made as follows: (a) By the NASA representatives: (1) There is no technical bar to the shift of the ATS program to the 7 and 8 GHz bands; (2) A changeover at this time would cause a 12-month delay in the ATS program; (3) The changeover would cost For equipment redesign__ For stretchout___ Total $6.160,000 9,475.000 15, 635, 000 (4) Other countries that have committed time and funds to the program would be similarly affected, which could result in the loss of their participation in the program; (5) The radio interference that the ATS program might cause to CSC operations would at the very worst be minimal; (6) While the 4 and 6 GHz bands are allocated for non-Government fixed and mobile services and the 7 and 8 GHz bands for Government fixed and mobile services, no Government/non-Government breakdown has yet been decided upon for the shared use of those bands by the space service. In fact, the national table of frequency allocations applies a footnote to the four bands in question which reads as follows: "US 91: The ultimate disposition of this band in the communication-satellite service. as between Government and non-Government, is deferred. In the meanwhile, the nonGovernment may exploit the 4 and 6 Gc/s bands, and the Government may exploit the 7 and 8 Gc/s bands for communication-satellite service systems intended to become operational. Any modification of this policy will be discussed and agreed in the FCC/DTM (IRAC) mechanism prior to the filing of applications with the IRAC for frequency assignments which are not in accordance with the foregoing." Since the ATS program would not involve an operational system, no derogation of that footnote would be involved. (7) A changeover at some point in time during the course of the ATS program would be worse than if it were made now. (b) By the FCC representatives: (1) The greatest possible latitude in the selection of frequencies within the 4 and 6 GHz bands for the CSC program is essential for the optimum operation of the system; (2) The use of those bands to fully exploit the potential of the ATS program, unless carefully restricted, could create the risk of serious difficulties in achieving the optimum exploitation of those bands for commercial purposes; (3) Those objectives of the ATS program likely to be of the most value to the global commercial system could be achieved equally well by the use of the 7 and 8 GHz bands: (4) While no immediate conflict between the HS 303 and ATS program is anticipated, intermittent silencing of the NASA satellites would be required with increasing frequency as time went on, particularly if the CSC should establish a medium altitude, random orbit system: (5) As a minimum, the ATS program should be limited to five satellites. for experimental purposes only, and conducted on a strictly noninterference basis to the CSC program; among other things this would require NASA to program its operations so as to avoid interference through eclipsing; (6) NASA should insure that any follow-on research can be carried out in either the 4/6 or 7/8 GHz bands. Upon consideration of all the facts in the case, and after further consultations with the FCC. I have determined that NASA may proceed with its ATS program using frequencies in the 4- and 6-GHz bands, and the IRAC is being advised that there is no policy objection to the approval of the pending applications subject to the following conditions: 1. Authority to use the frequencies shall be limited to the five satellites planned for the ATS program. |