Description of Proposed Mod and Request for Expedited Processing

0013-EX-ML-2009 Text Documents

HNS License Sub, LLC

2009-01-29ELS_95950

                                                                            HNS License Sub, LLC
                                                                           Form 442 - Modification
                                                                              Call Sign WE2XEW
                                                                                     January 2009


         DESCRIPTION OF PROPOSED MODIFICATION TO PROGRAM OF
        EXPERIMENTATION AND REQUEST FOR EXPEDITED PROCESSING

       By this application, HNS License Sub, LLC (“Hughes”) proposes to modify its existing

experimental license, Call Sign WE2XEW (File Nos. 0011-EX-PL-2006, 0023-EX-ML-2008,

0047-EX-ML-2008, 0097-EX-ML-2008 and 0097-EX-ML-2008), to include authority to

conduct limited market studies under Section 5.93 of the FCC’s Rules. See 47 C.F.R. § 5.93.

Hughes has customers that require or may require market-test data in connection with technical

trials that are to be conducted under Hughes experimental authority, which data Hughes will use

to demonstrate the potential uses and performance of mobile Earth stations, and to collect

operational and engineering data regarding these uses.

       Currently, Hughes is working with space segment capacity customer Row 44, Inc. (“Row

44”) in connection with the testing of a small number of Ku-band aeronautical mobile satellite

service (“AMSS”) Earth stations on commercial aircraft. Experimental operations have been

underway since September 2008. To date, these operations have been limited to technical

performance trials involving Row 44 and airline personnel, as well as a handful of designated

beta testers. Row 44 is anxious to expand the scope of this test in order to permit its airline

customers to offer service on a demonstration basis to all passengers on a small number of

aircraft. The purpose of this testing is to gauge the performance of the system under the

demands of passenger access and to conduct surveys concerning the users’ online experience, the

nature of their use of in-flight web access, and the level of passenger interest in future in-flight

broadband access for a fee, including the price points at which such service would be attractive

to various types of travelers.


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         Because Row 44 has agreements in place to conduct such tests with two airlines, Alaska

Airlines (“Alaska”) and Southwest Airlines (“SWA”), using at least six aircraft (two Alaska and

four SWA), Hughes seeks modification of its authority on an expedited basis to allow prompt

fulfillment of these requirements. The equipment is installed on one SWA aircraft already, and

the limited market study is poised to begin once permission is received. Consistent with Section

5.93(b) of the Commission’s Rules, both the airlines and the system users involved in the

planned demonstrations will be clearly notified that the service being provided is being tested

under an experimental authorization, offered only on a temporary basis, and has not yet received

FCC approval for long-term operation.

         Grant of this authority will permit Row 44 to optimize its use of the Hughes experimental

license by installing Earth terminals purchased by Row 44, but remotely controlled by Hughes,

on six airliners to gather critical data necessary to proceed with Row 44’s planned in-flight

broadband service. This program will not only improve in-flight productivity of business

travelers but generate data on how best to provide a wealth of entertainment and communications

opportunities for travelers of every type, including the ability to make reservations and set up

appointments in their destination city while in route. This use will promote the public interest by

advancing the state-of-the art in the provision of AMSS services in the Ku-band. More broadly,

grant of the minor modification proposed herein would provide important additional information

gathering capability in connection with domestic testing, demonstration and training operations

of mobile terminals.

         Processing of this modification request does not require any technical review at all.

Hughes seeks no increase in the total number of terminals operated, but simply seeks to devote

six of its currently authorized terminals to this limited market study use by Row 44 on behalf of

Row 44’s airline customers. The only reason that any modification of Hughes authority is


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required at this time is that when it first requested this experimental license for mobile Ku-band

operations, it did not specifically request authority to engage in market studies under the Rules.

For this reason, the current license states that Hughes has authority pursuant to Sections 5.3(d, f

& i) of the Commission’s Rules, but not under Section 5.3(j) of the Rules, which allows limited

market studies. See 47 C.F.R. § 5.3(j). At this point, however, Hughes’ needs have changed,

and it requests the addition of this capability to its current authorization. It seeks the addition of

Section 5.3(j) authorization to its license, and the ability to conduct market studies with up to six

Row 44 terminals. Hughes requests flexibility to use terminals authorized under the WE2XEW

license for other limited marketing studies pursuant to Section 5.93(c). The scope of these future

limited market studies will be strictly limited to a small subset of the total units authorized under

this license




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Document Created: 2009-01-29 13:51:09
Document Modified: 2009-01-29 13:51:09

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