Satellite Control Notification Letter

0194-EX-PL-2014 Text Documents

Tyvak Nano-Satellite Systems, Inc.

2016-03-10ELS_173946

51 LOUISIANA AVENUE, N.W. • WASHINGTON, D.C. 20001.2113 TELEPHONE: +1.202.879.3939 • FACSIMILE: +1.202.626.1700 Direct Number: (202) 879-3630 bolcott@jonesday.com March 10, 2016 BY ELECTRONIC DELIVERY Nnake Nweke Chief Experimental Licensing Branch Office of Engineering and Technology Federal Communications Commission 445 12th ST SW Washington DC 20554 Re: NASA Agreement Regarding Ownership and Control of CubeSat Mission File No. 0194-EX-PL-2014. Dear Nnake: We write to provide an update on the ownership and control of the CubeSat satellites involved in the Cubesat Proximity Operations Demonstration (“CPOD”) project, for which Tyvak-Nano Satellite Systems, Inc. (“Tyvak”) sought Federal Communications Commission (“Commission”) experimental authorization under file number 0194-EX-PL-2014. As you are aware, the CPOD project was initiated under NASA’s Edison Small Satellite Flight Demonstration Missions program, government contract number NNA12AC39C. This project is intended to validate the technologies needed to support rendezvous, proximity operations, docking, servicing, and formation flight by utilizing a pair of identical nano-satellites. As part of the project, Tyvak sought authorization for operation of certain space station transmitters, including two-way telemetry monitoring, tracking, and command (“TT&C”) transmissions in the 400 MHz UHF range and intersatellite communications in the 2.4 GHz range. Under the terms of the CPOD contract, Tyvak operates the satellites and has control authority over maneuvering and transmissions at all phases of the satellite life, from launch through decomissioning.1 During the commissioning and CPOD mission phases of the satellite life, NASA will be the legal owner of the satellite. Under an agreement recently reached by NASA and Tyvak, the parties will execute a no-cost extension of the CPOD contract in which, at the end of the planned CPOD program, NASA will designate Tyvak as owner of the satellites, including all transmitters, through the remaining useful life of the satellite. In return, Tyvak will 1 Downlink transmissions to NASA S-band receivers in the S-band are initiated at NASA’s direction. See Application of Tyvak Nano-Satellite Systems, Inc., File No. 0194-EX-PL-2014, Narrative at 2. ALKHOBAR  AMS TERDAM  ATL ANTA  BEIJ ING  BOS TO N  BRUSSEL S  CHICAGO  CLEVEL AND  CO LU MBUS  DALL AS DETROIT  DUBAI  DÜSSELDO RF  FRANKFUR T  HONG KONG  HOUS TO N  IRVINE  JEDDAH  LONDON  LOS ANGELES MADRID  MEXICO CIT Y  MIAMI  MIL AN  MOSCOW  MUNICH  NEW YORK  PARIS  PER TH  PITTSBURGH  RIYADH SAN DIEGO  SAN FRANCISCO  SÃO PAULO  SHANGHAI  SILICO N VALLEY  SINGAPORE  S YDNEY  TAIPEI  TOKYO  WASHINGTO N

Office of Engineering and Technology March 10, 2016 Page 2 provide to NASA all satellite performance data generated by the satellite prior to decommissioning, at no cost to NASA. This contract extension and change of ownership does not change the underlying operational control of the satellite. At all times, Tyvak will be in control of satellite operations, including maneuvering and transmissions, from its Mission Operations Center (“MOC”) in Irvine, California. Tyvak acknowledges that the Commission does not have regulatory authority over radio transmitters “belonging to and operated by the United States.”2 Such radio transmitters are instead regulated and authorized by NTIA. NTIA’s guidelines regarding whether or not a transmitter belongs to and is operated by the U.S. federal government provide that a federal government transmitter must both be owned by the federal government and a federal department or agency must also “be able to exercise effective control over the radio equipment and its operation.”3 A federal government transmitter can be maintained or operated by a private contractor, as long as the federal department or agency “assumes responsibility for contractor compliance” and maintains “sufficient” supervision over the contractor to “ensure” compliance with NTIA and other requirements.4 Based on these guidelines and the level of discretion and autonomy that is maintained by Tyvak with respect to the day-to-day operations of the CPOD satellites, Tyvak believes that the satellites would not be deemed as “belonging to and operated by the United States” during any portion of the CPOD mission. The contract extension discussed above will provide Tyvak clear ownership of the satellites during their remaining operational life, but Tyvak’s operational control of the satellites at all stages is sufficient basis to place the satellites and their transmitters within the Commission’s operational authority. Please let us know if you would like to discuss the above. Sincerely, ________________________ Bruce A. Olcott 2 Section 305(a) of the Communications Act of 1934 (codified at 47 U.S.C. § 305(a)). 3 NTIA Spectrum Manual, Section 8.2.17. 4 Id.


Document Created: 2016-03-10 09:39:03
Document Modified: 2016-03-10 09:39:03
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC