SES comment on Hughe

COMMENT submitted by SES Americom, Inc. and O3b Limited

COMMENTS OF O3B LIMITED

2019-04-15

This document pretains to SAT-LOA-20170621-00092 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2017062100092_1655185

                                      Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                 Washington, DC 20554


In the Matter of                                     )
                                                     )
Hughes Network Systems, LLC                          ) File No. SAT-MOD-20190212-00011
                                                     ) Call Sign: S3017
Application for Modification of                      )
Authorization for the EchoStar XXIV Satellite        )


                                COMMENTS OF O3B LIMITED

         O3b Limited (“O3b”) hereby comments on the above-captioned application by Hughes

Network Systems, LLC (“Hughes”) to modify its authorization to deploy and operate EchoStar

XXIV, a geostationary orbit (“GSO”) fixed-satellite service (“FSS”) spacecraft.1 Hughes seeks

to expand its authorization to use additional Ka-band frequencies, 18.8-19.3 GHz and 28.6-

29.1 GHz, in which non-geostationary (“NGSO”) satellite networks have sole primary status.

O3b has a direct interest in the Modification, as it operates an NGSO Ka-band network

authorized to serve the United States that relies on this spectrum.2

         Under Commission precedent, any grant of the Modification must be conditioned to

require Hughes to either complete coordination with NGSO systems or make a detailed technical

showing of its ability to protect NGSO systems prior to the start of operation. As Hughes

acknowledges, its proposed GSO operations in the 18.8-19.3 GHz and 28.6-29.1 GHz NGSO-

primary bands must be “on a secondary (i.e., unprotected, non-harmful interference) basis” with




1
    Hughes Network Systems, LLC, File No. SAT-MOD-20190212-00011 (the “Modification”).
2
    See O3b Limited, Order and Declaratory Ruling, FCC 18-70 (rel. June 6, 2018).

                                                 1


respect to authorized NGSO networks.3 Hughes describes the need to avoid in-line events with

NGSO networks4 and states that it will comply with its obligations as a secondary service by

implementing “coordination mechanisms to avoid causing harmful interference to authorized

NGSO FSS operations on these Ka-band frequencies.”5 Hughes states that it “has in place

coordination agreements with a number of authorized NGSO FSS operators” and “will continue

to work with other authorized NGSO FSS operators to reach similar coordination or other

arrangements to ensure no harmful interference to those systems.”6 But Hughes makes no

specific mention of the O3b system – the only currently operating NGSO network using these

frequencies – and O3b is unaware of any proposals from Hughes regarding coordination of

EchoStar XXIV with O3b.

          The Commission has made clear that before a GSO satellite can commence operations

using the NGSO-primary frequencies it must either complete coordination with NGSO networks

or demonstrate its ability to protect such networks. Specifically, in authorizing the Galaxy 15R

spacecraft to use the 18.8-19.3 GHz and 28.6-29.1 GHz bands on a secondary basis, the

Commission imposed a condition designed to ensure NGSO operations would not be harmed:

                     No later than sixty days before the scheduled initial launch of
                     each NGSO FSS satellite system licensed or granted market
                     access in the United States to operate in the 18.8-19.3 GHz and
                     28.6-29.1 GHz frequency bands, Intelsat must either: (1) notify
                     the Commission in writing when an agreement has been
                     reached with the NGSO satellite system operator, or (2) seek
                     and obtain the Commission’s approval of a modification of this
                     license including detailed technical demonstrations of how
                     Intelsat will protect the NGSO FSS satellite system. If neither
                     condition is met, Intelsat must cease operations in the 18.8-

3
    Modification, Exhibit 1 at 2.
4
    Modification, Attachment A at 5.
5
    Modification, Exhibit 1 at 2-3.
6
    Modification, Attachment A at 5.

                                                  2


                     19.3 GHz and 28.6-29.1 GHz frequency bands pursuant to this
                     license until such time as compliance is demonstrated. With
                     respect to any NGSO FSS satellite system licensed or granted
                     market access in the United States that commences operations
                     prior to the scheduled launch of Galaxy 15R, Intelsat must
                     comply with either (1) or (2) above and must not commence
                     operations in the 18.8-19.3 GHz and 28.6-29.1 GHz frequency
                     bands pursuant to this license until such time as compliance is
                     demonstrated.7

          If the Commission grants the Modification, it must impose a comparable condition.

Because the O3b NGSO network is already in operation, Hughes must be required to complete

coordination with O3b or make a detailed showing of how it will protect the O3b network

through a further modification application before EchoStar XXIV can begin operating in the

18.8-19.3 GHz and 28.6-29.1 GHz bands.

                                               Respectfully submitted,

                                               O3B LIMITED

    Of Counsel                                        /s/ Suzanne Malloy
    Karis A. Hastings                                 Vice President, Regulatory Affairs
    SatCom Law LLC                                    O3b Limited
    1317 F Street, N.W., Suite 400                    1129 20th Street, NW, Suite 1000
    Washington, D.C. 20004                            Washington, DC 20036
    (202) 599-0975                                    (202) 813-4026

April 15, 2019




7
 Intelsat License LLC, Stamp Grant, IBFS File Nos. SAT-LOA-20170524-00078 & SAT-AMD-
20170613-00086 (reissued June 26, 2018), Attachment to Grant at 5, ¶ 19 (footnotes omitted).

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Document Created: 2019-04-15 18:02:51
Document Modified: 2019-04-15 18:02:51

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