Request re Special Condition 12

0613-EX-CN-2017 Post Grant Documents

Leidos, Inc.

2017-12-15ELS_202383

Leidos, Inc.
Experimental Station WJ2XAY

         Request for Waiver of Section 25.227(a)(10)-(11) Monitor and Control Requirements
                   and Revision to Special Condition 12 on the WJ2XAY License

        (Copy Transmitted Via Email to International Bureau’s Paul Blais and Jose Trevino)

Pursuant to discussions with the Commission’s International Bureau, this waiver request is submitted for
consideration of the International Bureau in consultation with the Experimental Branch. By this filing,
Leidos, Inc. respectfully requests:

    -   Waiver of the monitor/control requirements of Section 25.227(a)(10)-(11) to the extent described
        herein in connection with the Station WJ2XAY grant;

    -   Consultation of the International Bureau with the Experimental Branch to effectuate a revision to
        Special Condition 12 on Station WJ2XAY to reflect such waiver;

    -   Revision of Special Condition 12 on Station WJ2XAY to read as follows (or as revised/edited by
        the Commission) to reflect the discussion of Leidos with Bureau staff:

                 “12. Leidos has demonstrated sufficient monitoring and control capabilities and
                 transmission disabling functionality, to protect Part 25 operations, and Leidos’ operation
                 under this license is limited to transmissions aboard military aircraft.”

In support of this request, the following is noted:

        Waiver will generally be granted by the Commission if: “The underlying purpose of the rule(s)
        would not be served or would be frustrated by application to the instant case, and that a grant of
        the requested waiver would be in the public interest”. See, e.g., 47 CFR 1.925(b)(3)(i) In this
        case, Leidos has demonstrated that:

                 o    Allowing Leidos to operate its experiment without the strict application of Section
                      25.227(a)(10)-(11) will not undermine the rule because Leidos has the capability to
                      satisfactorily and immediately disable and otherwise control operations if necessary,
                      and there is no realistic risk of interference to co-channel operations.1 In addition,
                      Leidos’ operation will not impact the deployment of broadband service, or commercial
                      competition, or the Commission’s streamlining of routine Part 25 applications. In this
                      regard, Leidos has demonstrated that:

                         The Leidos system authorized under Station WJ2XAY does have remote control
                          and monitoring ability to send disable commands from the ground NCMC. In
                          addition to such human ground monitoring – which gives the ground operator full
                          access to the system’s graphic interface and the ability to issue disable
                          commands – there is a dedicated operator on board the aircraft who is
                          responsible for enabling and disabling the transmission and setting system
                          parameters. Such on board operator is responsible for monitoring the system for
                          fault conditions – the system can auto detect an off-pointed condition and will


1
 The Commission’s 2012 Order adopting Section 25.227(a)(10)-(11) makes it clear that the rule was adopted to: (i)
Ensure that ESAA operators are able to “shut-off their transmissions automatically and immediately…” and (ii)
Ensure that “ESAA airborne terminal transmissions do not cause harmful interference to other licensed facilities”.
See *See Revisions to Parts 2 and 25 of the Commission’s Rules to Govern the Use of Earth Stations Aboard
Aircraft, IB Docket Nos. 12-376, 05-20, FCC 12-161, Notice of Proposed Rulemaking and Report and Order, ¶70
(2012) (“Order”).


                           auto-mute upon an off-point of 0.5 degrees or more. In case of any interference
                           issues, Leidos will have the ability to reach the aircraft via a secure UHF satellite
                           communications channel over the tactical onboard radio system. Leidos will also
                           have radio contact via VHF and UHF radio voice channels when the aircraft is in
                           range. Although remote enabling is not available on this FDMA system, any
                           remote “disable” command will remain in effect until the on board aircraft
                           operator proactively initiates an “enable” command after clearing any faults.

                          Leidos’ operation of the experiment poses no significant risk of interference to co-
                           channel licensed operations. In this regard, the Table of Frequency Allocations
                           (Part 2) confirms that the ranges authorized in the WJ2XAY license overlap with
                           Part 90 and Part 25 allocations. In either case, pursuant to the analysis of
                           Comsearch and as discussed with Bureau staff, there is no risk of interference to
                           these co-channel operations in the relevant area of operations. In addition, as a
                           Part 5 experimental licensee, Leidos is required to immediately terminate
                           operations in the event of any issues, including interference. Leidos’ Stop
                           Buzzers are available 24/7 to field any inquiries regarding these
                           operations. Accordingly, although there is no realistic risk of interference in this
                           case, procedures are in place to ensure that no harm will occur to any other co-
                           channel operations.

                          The operations authorized in Experimental Station WJ2XAY are non-permanent,
                           experimental tests to be conducted in furtherance of a US government (US
                           Army) contract. The results of this experiment will directly support ongoing DoD
                           operations overseas (OCONUS), and are not intended to support, involve or in
                           any way result in commercial (non-military) use or transmissions. The
                           application for the experimental license was applied for (and granted) in full
                           conformance with Commission rules and policies.

                          In this case, the experiment authorized under the WJ2XAY license will
                           exclusively be conducted on a military-owned ARL-E (Airborne Reconnaissance
                           Low-Enhanced) aircraft, which is an intelligence, reconnaissance, and
                           surveillance platform that is designed to support ongoing wartime efforts
                           OCONUS. Accordingly, operation of this experiment as proposed will not
                           contradict the underlying purposes of the rule and the context in which the rule
                           was adopted (i.e., to address operations on commercial/private aircraft, to
                           streamline deployment of broadband service aboard such aircraft, and increase
                           competition in the private sector).2

                   o   In addition, allowing Leidos to operate its experiment under its current conditions,
                       without the strict application of Section 25.227(a)(10)-(11) will greatly support the
                       public interest by permitting Leidos to conduct the critical experiments required in
                       support of the US Army and related homeland security efforts. As discussed with the
                       Bureau, the operations authorized in Experimental Station WJ2XAY are non-
                       permanent, experimental tests to be conducted in furtherance of a US government
                       (US Army) contract. The results of this experiment will directly support ongoing DoD
                       operations overseas (OCONUS), and are not intended to support, involve or in any
                       way result in commercial (non-military) use or transmissions.

Respectfully submitted,

Jeffrey E. Rummel
Attorney for Leidos, Inc.
rummelj@arentfox.com; (202)715-8479

2
    See Order at ¶1.



Document Created: 2017-12-14 16:57:14
Document Modified: 2017-12-14 16:57:14

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