Committee on
Radio Astronomy Frequencies
The Committee on Radio Astronomy Frequencies (CRAF) is an Expert Committee of the European
Science Foundation (ESF).
between
Iridium LLC ("IRIDIUM"), 1575 Eye Street, NW, Washington, DC 2005, USA
and
the European Science Foundation ("ESF"), 1 quai Lezay-Marnésia, F 67080 Strasbourg Cedex, France
acting for itself and in the name and on behalf of
and,
hereafter jointly referred to as the "Parties".
| 1. | IRIDIUM is the owner of the Iridium Satellite System, a constellation of sixty-six satellites in low-earth orbit. For informational purposes, its strategic partners in Europe are Iridium Italia, S.p.A., and Vebacom Holdings, Inc. |
| CRAF represents the interests of radio astronomy observatories in Europe. CRAF is an Associated Committee of the ESF and a Sector Member of the ITU Radiocommunication Sector (ITU-R). | |
| 2. | The subject of this Framework Agreement is the protection of radio astronomy in Europe from interference into the bands 1610.6-1613.8 MHz, caused by unwanted emissions of the Iridium Satellite System. |
| 3. | After extensive negotiations, coordinated by the CEPT Milestone Review Commitee (MRC), the Parties agree on the following: |
| §1. | From 1 January 2006, European radioastronomers shall be able to collect measurement data consistent with the recommendation ITU-R RA769-1. |
| §2. | The Parties recognise that, in order to meet the requirement set forth in (§3): |
| a) | The interference from the Iridium Satellite System shall not exceed for single dish spectral line observations in the band 1610.6-1613.8 MHz at any time an interference level of -238 dB(Wm-2Hz-1) in the absence of any alternative solution, |
| b) |
Both Parties will undertake before 1 January 2006 collaborative efforts to discuss mitigation
factors which may already exist and additional ways to reduce the susceptibility of radio
astronomy observatories to interference from the Iridium Satellite System. If the results of
these efforts are practically proven to be effective, the resulting mitigation factor in dB, as
demonstrated and agreed on by both Parties, shall be added in a manner agreed by both Parties
to the interference threshold of the recommendation ITU-R RA769-1,
The baseline and details of the workplan including milestones, whether there is a need for independent monitoring, and the sharing of resulting benefits of improvements to both Parties will be described in a subsequent agreement which should be reached before 1 March 1999. |
| §3. | During the period from the start of commercial operation to March 1, 1999, the Iridium System shall meet an interference level no higher than -238 dB(Wm-2Hz-1). |
| §4. | For the period from 1 March, 1999 to 1 January, 2006, the Parties agree to abide by the terms of an agreement that the Parties shall negotiate before 1 March, 1999, which shall specify for the band 1610.6-1613.8 MHz: |
| a) | an interference level of -238 dB (Wm-2Hz-1) for a portion of the day to be determined (Y consecutive hours); and |
| b) | an interference level of X dB (Wm-2Hz-1) for the full 24 hours of the days; and |
| c) | an interference level of -238 dB (Wm-2Hz-1) for additional daytime, when requested by CRAF, for up to T hours per year; |
| d) | Y, X and T with detailed conditions regarding clauses a, b and c are to be defined in the agreement mentioned above to be completed by 1 March 1999 at the latest. |
| §5. | If the Parties cannot agree by 1 March 1999, at the latest, on the figures still to be negotiated in point §4, both Parties shall accept the figures as may be recommended by the CEPT Milestone Review Committee (MRC) pursuant to the MRC recommendation no4 of 27 March 1998, taking into consideration the conditions of national authorisations. |
| §6. | The Parties agree to work in good faith. |
| §7. | In case of a dispute that cannot be resolved by co-operation in good faith, the following conflict resolution procedures shall apply: |
| a) | Either Party can request a meeting to resolve a dispute, |
| b) | The Parties agree to attempt to resolve any dispute among themselves prior to using conflict resolution procedures set forth in c) - e) below; |
| c) | In the event the Parties fail to resolve a dispute, each Party may bring the case before the national regulatory authority concerned; |
| d) | In the case of disputes that require a solution at a European level, the Parties may jointly request the appropriate entity of the CEPT to act as a mediator. §5 shall remain unaffected. |
| e) | In the case of disputes that cannot be resolved under c) or d) above, the Parties shall attempt to agree on an arbitration procedure. The arbitration tribunal shall be constituted by three members as follows: each Party shall appoint one arbitrator; the third arbitrator shall be appointed by agreement between the first two arbitrators. The award of arbitration tribunal shall be confined to the subject of the dispute. The award shall be final and without appeal, unless the Parties to the dispute have agreed in advance to an appelate procedure. The arbitration tribunal is bound to issue the award within six months after the complete constitution of the tribunal. The venue shall be Geneva in Switzerland. Swiss arbitration law shall apply. |
| f) | In the case that a dispute is of a non-technical nature and the Parties cannot agree on an arbitration procedure, the rights of the parties to seek recourse under applicable national laws shall remain unaffected. |
| §8. | This Agreement shall be governed by the laws of the country where an affected radio astronomy observatory which acceded to this Agreement is located. |
| §9. | If one part of the Agreement becomes obsolete, the Parties commit themselves to meet in order to revise in good faith the Agreement in accordance with its object and purpose. |
| §10. | The procedure for the accession to this Agreement of the national radio astronomy observatories, represented in CRAF within the ESF, is governed in a Side Letter agreed by both Parties simultaneously with this Agreement. |
The persons executing this Framework Agreement hereby certify that they are authorized to sign this document on behalf of their Parties.
ACCEPTED AND AGREED:
| _______James_G._Ennis_____ | _______E._Banda______ |
| Title:__Deputy_General_Counsel_ | Title: __Secretary General__ |
| IRIDIUM LLC | European Science Foundation |
| Washington DC, USA - August 11, 1998 | Strasbourg, 5th August 1998 |
| (venue and date) | (venue and date) |