Program of Research and Experimentation

0124-EX-ML-2015 Text Documents

Higher Ground LLC

2015-06-15ELS_163611

EXHIBIT 1

PROGRAM OF RESEARCH AND EXPERIMENTATION

Higher Ground LLC (“HG”), pursuant to Sections 5.54(a)(1) and 5.59(a)(1) of the
FCC’s rules, requests to modify its conventional experimental license by:

(1) expanding the Palo Alto, California area of operations from 16.09 to 75
km in radius;

(2) expanding the Sierra Nevada Mts, California area of operations from
32.19 to 250 km in radius;

(3) expanding the Washington, District of Columbia area of operations
from16.09 to 200 km;

(4) adding a new White Bird, Idaho area of operations, within 40 km, centered
around NL 45-45-41 and WL 116-17-60;

(5) adding a new Anchorage, Alaska area of operations, within 100 km,
centered around NL 61-13-12 and WL 149-59-24;

(6) increasing the number of authorized SatPaq devices from 10 to 100; and

(7) removing or waiving the existing license condition requiring prior
coordination with fixed microwave service licensees in accordance with
47 C.F.R. § 101.103(d). 1

The proposed modifications will help facilitate HG’s ongoing experimental
operations by expanding the areas of operations within which HG may test and develop
new prototype SatPaq user terminals.

The proposed modifications also will remove an unnecessary and unduly
restrictive license condition. As demonstrated in the accompanying Technical Annex and
Joint Declarations, the SatPaq system’s use of self-coordination techniques, such as
protection zones, frequency agility, and satellite diversity, are more than sufficient to
avoid causing harmful interference to authorized fixed microwave systems. Thus,
compliance with traditional prior coordination requirements is unnecessary and unduly
burdensome.

To the extent required, Higher Ground requests a waiver of the Commission’s
coordination rules. 2 The Commission may waive its rules upon good cause, 47 C.F.R. §

1
HG concurrently is filing an application for blanket mobile earth terminal (“MET”) authority to
operate SatPaq METs on C-band frequencies throughout the United States.
2
See, e.g., 47 C.F.R. §§ 25.130(b), 25.203(c), 101.103. HG also requests a waiver of Note 6 to
47 C.F.R. § 101.147(a), which prohibits assignment of the 5925-6425 MHz band to mobile earth

1.3, when a waiver would not undermine the policy objective of the rule 3 and would
better serve the public interest than requiring strict compliance. 4 Here, the experimental
SatPaq operations will avoid harmful interference by using techniques that prohibit
operations on frequencies used by nearby licensed fixed microwave facilities. Thus,
strict compliance with traditional coordination requirements is unnecessary, and grant of
the requested waiver would not undermine the underlying regulatory purpose of
preventing harmful interference to authorized fixed microwave facilities. 5 Moreover, a
waiver would better serve the public interest by allowing HG to test and develop
innovative, low-cost satellite-based text messaging services to U.S. consumers, while
making more efficient use of spectrum resources.

stations. The restriction under Note 6 is intended to protect terrestrial FS from potential harmful
interference and should be waived for the same reasons justifying a waiver of the coordination
rules, as discussed herein.
3
See Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1166 (D.C. Cir. 1990).
4
See WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969).
5
See Amendment of Part 25 of the Commission’s Rules and Regulations to Reduce Alien Carrier
Interference Between Fixed-Satellites at Reduced Orbital Spacings and to Revise Application
Processing Procedures for Satellite Communication Services, Second Report and Order and
Further Notice of Proposed Rulemaking, 8 FCC Rcd 1316, ¶ 5 (1993) (“Interference between
terrestrial facilities and earth stations is addressed by the current frequency coordination
procedures of Part 21 and 25.”).

Document Created: 2015-06-15 17:42:03
Document Modified: 2015-06-15 17:42:03

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