Attachment Legal Narrative SAT-LOI-20170301-00031

Attachment Legal Narrative

This document pretains to SAT-LOI-20170301-00031 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2017030100031_1190500

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
WorldVu Satellites Limited )
)
Petition for Declaratory Ruling ) File No. _______________________
Granting Access to the U.S. Market )
for the OneWeb V-Band System )

PETITION FOR DECLARATORY RULING

Tony Azzarelli
Vice President of Regulatory Affairs
WorldVu Satellites Limited
1400 Key Boulevard
Arlington, VA 22209

Of counsel:

Brian Weimer Jennifer Hindin
Douglas Svor Wiley Rein LLP
Sheppard Mullin Richter & Hampton 1776 K Street NW
LLP Washington, DC 20006
2099 Pennsylvania Ave NW, Suite 100 (202) 719-7000
Washington, DC 20006
(202) 747-2300

March 1, 2017

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554

In the Matter of )
)
WorldVu Satellites Limited )
)
Petition for Declaratory Ruling ) File No. _______________________
Granting Access to the U.S. Market )
for the OneWeb V-Band System )

PETITION FOR DECLARATORY RULING

WorldVu Satellites Limited (“OneWeb”) files this Petition for Declaratory Ruling

(the “Petition”) seeking access to the United States market from the United Kingdom for a

nongeostationary satellite orbit (“NGSO”) system (the “OneWeb V-Band System”). This

Petition is filed pursuant to Section 25.137 of the Commission’s rules,1 the Commission’s

First Space Station Licensing Reform Order,2 and the recent public notice establishing a

cut-off date for additional NGSO-like satellite applications and petitions for declaratory

ruling in the 37.5-40.0 GHz, 40.0-42.0 GHz, 47.2-50.2 GHz, and 50.4-51.4 GHz

frequency bands.3

1
47 C.F.R. § 25.137.
2
See Amendment of the Commission’s Space Station Licensing Rules and Policies,
18 FCC Rcd 10760, at ¶¶ 291, 294 (2003) (“First Space Station Licensing Reform
Order”).
3
See Boeing Application Accepted for Filing in Part, Cut-Off Established for
Additional NGSO-Like Satellite Applications for Operations in the 37.5-40.0 GHz,
40.0-42.0 GHz, 47.2-50.2 GHz and 50.4-51.4 GHz Bands, Public Notice, DA 16-
1244 (rel. Nov. 1, 2016) (“V-Band Processing Round PN”).

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announced an even more ambitious goal: to fully bridge the “digital divide” by 2027,

making Internet access available and affordable for everyone.6

The importance and timeliness of OneWeb’s mission cannot be overstated. In

2010, the National Broadband Plan concluded that “[b]roadband, too, is a modern

necessity of life, not a luxury.”7 Seven years later, broadband unfortunately remains a

necessity lacking in the lives of billions of people throughout the world, and millions here

in the United States. Earlier this year, an International Telecommunication Union (“ITU”)

study estimated that “53% of the world’s population is still not using the Internet.”8 With

respect to those without broadband access, the ITU noted that “[t]he offline population is

disproportionately female, rural, poor, illiterate and elderly.”9 The FCC’s own statistics

paint a similar picture with respect to broadband connectivity. The most recent

Broadband Progress Report concluded for the fifth year in a row that broadband is not

being adequately deployed in the U.S.10 In particular, the FCC noted that “[t]here is also a

6
See “Note from Our Chairman,” ONEWEB (Dec. 19, 2016), http://oneweb.world/.
7
Federal Communications Commission, Omnibus Broadband Initiative,
CONNECTING AMERICA: THE NATIONAL BROADBAND PLAN (2010) (“National
Broadband Plan”), at 338, available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296935A1.pdf .
8
Imme Philbeck, International Telecommunication Union, Connecting the
Unconnected: Working together to achieve Connect 2020 Agenda Targets (2017) at
4, available at, http://broadbandcommission.org/Documents/ITU_discussion-
paper_Davos2017.pdf (“ITU Discussion Paper”).
9
Id. at 5.
10
In the Matter of Inquiry Concerning the Deployment of Advanced
Telecommunications Capability to All Americans in a Reasonable and Timely
Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section
706 of the Telecommunications Act of 1996, as Amended by the Broadband Data
Improvement Act, 201 Broadband Progress Report and Notice of Inquiry on
Immediate Action to Accelerate Deployment, Broadband Progress Report, 31 FCC
Rcd 699, at ¶ 4 (2016).

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The LEO constellation will constitute a separate payload on OneWeb’s follow-on,

second generation constellation of 720 satellites operating at an orbital altitude of 1,200

km. These satellites will contain separate V-band and Ku/Ka-band payloads operating on

a common bus.

The MEO constellation will ultimately consist of 1,280 satellites in a circular

MEO orbit of altitude 8,500 km, inclined at nominally 45° relative to the equator. The

MEO constellation will initially consist of 20 satellites deployed in eight orbital planes,

for a total of 160 satellites. In later phases of deployment, OneWeb plans to gradually

increase the constellation to 16 orbital planes with 80 satellites per orbital plane.

B. Ground Segment

Two categories of ground stations will operate with the OneWeb V-Band System:

gateway earth stations and user terminals.

The OneWeb gateway stations will utilize 1.2 m to 3.4 m antennas depending on

geographic and service requirements. In support of the V-Band LEO constellation, the

gateway earth stations will only transmit and receive communications traffic. Payload

control and telemetry, tracking, and command (“TT&C”) functions will be performed

using Ka-band frequencies that will be part of the core OneWeb Ku/Ka-band second-

generation LEO constellation. For the V-Band MEO constellation, certain gateway earth

stations will also act as TT&C stations, with the V-band also used for TT&C. These

TT&C earth stations are not currently planned to be located in the U.S. The V-band

gateway earth stations, some of which will be located in the U.S., will be capable of

serving both the LEO and MEO satellites for communications traffic.

Typically, up to ten or more gateway earth station antennas will be collocated at a

gateway site in order to access a number of visible satellites in the OneWeb V-Band

System simultaneously from that location. Currently, four gateway earth station sites are

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expected to be deployed in the U.S., including gateway earth stations in Hawaii and

Alaska, and likely additional sites in some U.S. territories.

The user terminals will be small, low-cost antennas (typically in the 30 cm to 75

cm range) that will be deployed in large numbers. The user terminals may utilize

mechanically steered parabolic reflectors and/or low-cost phased array designs or other

beam steering technology currently being developed by OneWeb. An optional built-in

solar array panel can also be added to battery-powered terminals. As a result, the user

terminals are fully transportable and can be easily and quickly deployed to any location,

including those that otherwise lack traditional electrical and telecommunications

infrastructure.

III. THE PETITION SATISFIES THE COMMISSION’S CRITERIA FOR U.S.
MARKET ACCESS

In the DISCO II Order, the Commission established two procedures by which a

non-U.S. licensed satellite operator can seek authorization to provide service in the United

States.19 In the procedure relevant for OneWeb, a non-U.S. space station operator may

file a Letter of Intent seeking a ruling as to whether the Commission will permit U.S.

19
See Amendment of the Commission’s Regulatory Policies to Allow Non-U.S.
Licensed Space Stations to Provide Domestic and International Satellite Service in
the United States, 12 FCC Rcd 24094, at ¶ 188 (1997) (“DISCO II Order”). See
also Amendment of the Commission’s Regulatory Policies to Allow Non-U.S.
Licensed Space Stations to Provide Domestic and International Satellite Service in
the United States, 15 FCC Rcd 7207, at ¶ 5 (1999); 47 C.F.R. § 25.137. Pursuant
to the Commission’s 2015 Report and Order, this submission is presented as a
Petition for Declaratory Ruling. See Comprehensive Review of Licensing and
Operating Rules for Satellite Services, Second Report and Order, 30 FCC Rcd
14713 at ¶ 250 (2015) (“Second Report and Order”) (mandating that “all requests
for market access by the space station operator must be submitted through a
petition for declaratory ruling”). OneWeb also notes that IBFS has not yet been
updated to reflect this change so it has selected “Letter of Intent to Use Non-U.S.
Licensed Satellite to Provide Service in the United States” in its response to
Question 17.b on the FCC Form 312.

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market access pursuant to a processing round, and demonstrating that the system meets all

applicable Commission requirements.20 The OneWeb V-Band System is pursuing a

launch and space operations license from the United Kingdom and currently has ITU

filings with the Republic of France. Therefore, the Petition qualifies for consideration in

the current processing round with other V-band NGSO applicants.21

As the OneWeb V-Band System will be a UK-licensed satellite system, the

DISCO II framework applies to the Petition. The DISCO II framework requires that a

request for U.S. market access by a non-U.S. satellite system must be in the public

interest.22 In reviewing such requests for market access, the Commission considers the

effect on competition in the United States, spectrum availability, eligibility and

operational requirements, and concerns related to national security, law enforcement,

foreign policy, and trade issues.23

As discussed in detail below, OneWeb satisfies the criteria for obtaining U.S.

market access for the OneWeb V-Band System, subject to certain waiver requests

described herein.

A. Effect on Competition in the United States

Where a non-U.S. satellite licensed by a World Trade Organization (“WTO”)

member country seeks authority to provide a satellite service covered by the WTO Basic

Telecommunications Agreement (“WTO Agreement”), the Commission presumes that

20
47 C.F.R. § 25.137(a).
21
See 47 C.F.R. § 25.137(c)(2)-(3); see also DISCO II Order at ¶ 196 (“[W]e will not
require a license as a prerequisite to participating in a U.S. space station processing
round.”).
22
DISCO II Order at ¶ 26.
23
Id. at ¶ 29.

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foreign entry will promote competition in the United States.24 As noted above, the United

Kingdom’s telecommunications regulatory authority will issue OneWeb a satellite license.

The United Kingdom is a WTO member, and the Commission has previously granted U.S.

market access to satellites operating pursuant to an authorization from the U.K.25

The United States’ satellite commitments under the WTO Agreement cover fixed

satellite services (“FSS”) and mobile satellite services.26 In addition, certain services are

explicitly not covered: Direct-To-Home, Digital Audio Radio Service, and Direct

Broadcast Satellite Service (the “WTO Noncovered Services”).27 OneWeb seeks

authority to provide only FSS in the U.S. using the OneWeb V-Band System.28

Therefore, the presumption in favor of entry applies to this Petition.

Grant of the Petition would enhance competition for satellite and broadband

services in the U.S. In the DISCO II Order, the Commission acknowledged that “entry of

new competitors and services into the U.S. satellite services market. . .will provide U.S.

consumers with additional choices among providers, reduce prices, and increase the

quality and variety of services.”29 Permitting the OneWeb V-Band System to serve the

U.S. market will expedite precisely these same benefits that the Commission expected to

accrue from a presumption in favor of entry for WTO Covered Services. Granting market

access for the OneWeb V-Band System will facilitate the next generation of satellite-

24
Id.
25
See, e.g., Call Sign S2902, IBFS File No. SAT-LOI-20130319-00040 (granted
Dec. 12, 2013) (permitting Viasat-2 to access the U.S. market from the United
Kingdom).
26
See DISCO II Order at ¶ 30.
27
Id. at ¶ 13.
28
OneWeb does not seek to provide any WTO Noncovered Services in the U.S.
29
DISCO II Order at ¶ 40.

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enabled services, delivering an innovative broadband service that vastly improves

connectivity options for U.S. consumers.

B. Spectrum Availability

The Commission also considers spectrum availability as a factor in determining

whether to allow a foreign-licensed satellite to serve the U.S. market.30 In doing so, the

Commission evaluates whether grant of access would create the potential for harmful

interference with U.S.-licensed satellite and terrestrial systems. OneWeb seeks U.S.

market access in the portions of the V-band identified below (and listed on the

corresponding Schedule S) based on Sections 2.106 and 25.202(a)(1) of the Commission’s

rules, applicable ITU Radio Regulations, and the Commission’s V-Band Plan:31

Type of Link and Transmission Direction Frequency Ranges

42.5 – 43.5 GHz
Gateway-to-Satellite 47.2 – 50.2 GHz
50.4 – 51.4 GHz
Satellite-to-Gateway 37.5 – 42.5 GHz

User Terminal-to-Satellite 48.2 – 50.2 GHz

Satellite-to-User Terminal 40.0 – 42.0 GHz

OneWeb will access this spectrum on either a primary, secondary, or non-conforming

basis in accordance with the particular frequency band and the applicable Commission

allocation.

30
See id. at ¶¶ 149-50.
31
See 47 C.F.R. §§ 2.106 and 25.202(a)(1); see also Allocation and Designation of
Spectrum for Fixed-Satellite Services in the 37.5- 38.5 GHz, 40.5-41.5 GHz and
48.2-50.2 GHz Frequency Bands, First Report and Order, 13 FCC Rcd 24649
(1998) (“First V-Band Order”); Allocation and Designation of Spectrum for Fixed-
Satellite Services in the 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz
Frequency Bands, Second Report and Order, 18 FCC Rcd 25428 (2003) (“V-Band
Plan”).

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1. Service Link Frequency Bands (40.0-42.0 GHz; 48.2-50.2 GHz)

The band segments that OneWeb will utilize for the service links in the OneWeb

V-Band System – 40.0-42.0 GHz (downlink) and 48.2-50.2 GHz (uplink) – are allocated

on a primary basis to FSS systems.32 Furthermore, NGSO use of these bands is consistent

with the V-Band Plan.33 Therefore, OneWeb ground stations can be operated in these

frequencies in the U.S. without the need for associated waiver requests or material

operating restrictions.

OneWeb acknowledges that while the Commission “recognize[s] that [the 47.2-

50.2 GHz] band is authorized for FSS use,” it has also proposed to authorize certain

terrestrial operations in the 47.2-50.2 GHz band under the Part 30 Upper Microwave

Flexible Use Service rules as part of the ongoing Spectrum Frontiers proceeding.34 Of

course, OneWeb will comply with any applicable regulations adopted in that proceeding.

2. Gateway Frequency Bands (37.5-40.0 GHz; 40.0-42.5 GHz;
42.5-43.5 GHz; 47.2-50.2 MHz; 50.4-51.4 GHz)

OneWeb intends to utilize the following frequency bands for critical gateway

operations: 37.5-40.0 GHz, 40.0-42.5 GHz, 42.5-43.5 GHz, 47.2-50.2 GHz and 50.4-51.4

GHz. Some of these frequency bands are subject to rules, allocations, the V-Band Plan, or

pending proceedings that otherwise place limitations on the ability of an NGSO FSS

constellation to utilize this spectrum.35 Consistent with these restrictions, OneWeb is

requesting appropriate waivers of Sections 2.106 and 25.202(a)(1) of the Commission’s

32
See 47 C.F.R. § 2.106; see also 25.202(a)(1).
33
V-Band Plan at 25457, ¶ 66.
34
See Use of Spectrum Bands above 24 GHz for Mobile Radio Services, 31 FCC Rcd
8014, at ¶¶ 410-11 (2016) (“Spectrum Frontiers Order and FNPRM”).
35
See, e.g., Spectrum Frontiers Order and FNPRM.

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rules and the V-Band Plan, as necessary, to permit OneWeb to serve the U.S. market in

these bands. Specifically, OneWeb seeks a waiver of Commission rules or Orders that do

not permit or restrict FSS operations in the 42.0-42.5 GHz, 42.5-43.5 GHz, and 50.4-51.4

GHz bands, to the extent necessary.

Pursuant to Section 1.3 of the Commission’s rules, the Commission can waive its

rules for good cause shown. In particular, the Commission may waive a rule “if special

circumstances warrant a deviation from the general rule” and such deviation will “better

serve[] the public interest” than strict application of the rule.36 The waiver should not

undermine the policy objective of the rule, and should otherwise serve the public

interest.37 Deviations from the below rules are warranted by the unique nature of the

OneWeb V-Band System. The proposed waivers would not undermine the policy

objectives of any of the rules, and, as explained above, the public interest would be served

by granting OneWeb market access because it will facilitate the rapid deployment of new

and advanced broadband services to U.S. consumers.

(i) 37.5-40.0 GHz band

The 37.5-40.0 GHz band is allocated on a co-primary basis to FSS downlinks and

use of this band for NGSO gateway stations is consistent with the V-Band Plan and Part

25 of the FCC’s rules.38 Although the Commission adopted rules to permit fixed and

mobile use of the 37.0-38.6 GHz band, it explicitly stated that the Spectrum Frontiers

Order and FNPRM “provides satellite operators the certainty they need to be able to

36
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
37
WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969).
38
See 47 CFR §§ 2.106, 25.202(a)(1), n.1; see also V Band Plan at 25442, ¶ 33.

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(iv) 42.5-43.5 GHz band

The 42.5-43.5 GHz band is currently allocated for FSS uplink use only by the

federal government, while non-federal access is limited to radio astronomy uses.48

OneWeb requests a waiver of the U.S. Table of Frequency Allocations in order to operate

gateway earth station uplink channels on this spectrum, consistent with ITU frequency

allocations.49 Similar to its request for a waiver in order to operate gateway downlinks in

the 42.0-42.5 GHz band, pursuant to footnote US211, OneWeb will take all steps

necessary to protect radio astronomy observations.50

Grant of the instant waiver request to allow OneWeb to access the 42.5-43.5 GHz

band for limited gateway uplink operations is in the public interest. Access to this

frequency band would provide OneWeb with critical gateway connectivity, allowing

OneWeb to deploy a more robust broadband network capable of providing broadband

access to all U.S. consumers.

OneWeb is confident that its limited number of U.S. gateway facilities, which will

be individually site-licensed, can be deployed in a manner that avoids any possibility of

harmful interference to radio astronomy observation sites in the U.S. by maintaining a safe

distance between the few gateway sites and the U.S. radio astronomy stations. This will

be achieved in consultation with the radio astronomy community. OneWeb looks forward

to working cooperatively with both the radio astronomy community and any future

terrestrial users in this band in order to ensure interference-free use of this band.

48
47 C.F.R. § 2.106.
49
See Int’l Telecomm. Union, Radio Regulations, Vol. 1, Ch. II, Article 5.551 (RR5-
132) (2016).
50
47 C.F.R. § 2.106, n.US211.

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(v) 47.2-48.2 GHz band

The 47.2-48.2 GHz band is allocated for FSS uplinks on a co-primary basis.51 The

FSS allocation in this band is limited to gateway operations.52 Based on Sections 2.106

and 25.202(a)(1) of the Commission’s rules and the Commission’s V-Band Plan,53 this

band appears to be fully available on a co-primary basis for FSS Earth-to-space use. To

the extent the Commission does not agree with this interpretation, OneWeb requests a

waiver to allow it to operate gateway earth station uplink channels using this spectrum.

Grant of this waiver would serve the public interest by facilitating access to critical

gateway connectivity for the OneWeb V-Band System.

(vi) 48.2-50.2 GHz band

As noted above, the 48.2-50.2 GHz band is allocated to the FSS on a primary

basis.54 Therefore, OneWeb can deploy its gateway earth stations in this band without the

need for associated waiver requests or material operating restrictions.

(vii) 50.4-51.4 GHz band

The 50.4-51.4 GHz band is identified by Section 2.106 as being allocated for FSS

use on a co-primary basis with fixed and mobile terrestrial use.55 However, it is not

51
47 C.F.R. §§ 2.106, 25.202(a)(1). In 1998, terrestrial wireless services were also
given a primary allocation in this band. See First V-Band Order, 13 FCC Rcd at
24651, 24668 ¶¶ 2, 35.
52
See V-Band Plan at ¶ 17; see also In re Northrop Grumman Space & Mission
Systems Corporation, Order & Authorization, 24 FCC Rcd 2330, 2343-44 ¶ 38
(2009) (“Northrop Order”).
53
V-Band Plan at ¶ 17.
54
See 47 C.F.R. § 2.106; see also 25.202(a)(1).
55
See 47 C.F.R. § 2.106.

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raises no such issues on its face. Thus, this element of the Commission’s DISCO II Order

market access analysis is also satisfied.

D. Eligibility and Operational Requirements

Pursuant to Section 25.137 of the Commission’s rules, applicants seeking market

access for non-U.S. licensed space stations must provide the legal and technical

information for the non-U.S. space station required by Part 25 of the Commission’s rules,

including Section 25.114.60

1. Legal and Technical Qualifications

The information set forth in this legal narrative, associated attachments, Schedule

S, and the accompanying FCC Form 312 demonstrates compliance with the requirements

of Section 25.137 and the other applicable Sections of Part 25 of the Commission’s rules.

OneWeb highlights here certain Part 25 rules that warrant special attention:

(i) Section 25.114(d)(14) – End of Life Disposal

The Commission recognizes that non-U.S. licensed space stations can satisfy the

Commission’s orbital debris rules “by demonstrating that debris mitigation plans for the

space station(s) for which U.S. market access is requested are subject to direct and

effective regulatory oversight by the national licensing authority.”61 As noted in Section

III.A above, OneWeb’s orbital debris mitigation plan is subject to direct and effective

regulatory oversight by the United Kingdom’s regulatory authorities, including

particularly the U.K. Space Agency. Of course, however, OneWeb will provide orbital

debris mitigation information to the extent requested by the FCC.

60
See 47 C.F.R. § 25.137(b). See also DISCO II Order at ¶ 189.
61
47 C.F.R. § 25.114(d)(14)(v).

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(ii) Sections 25.137(d)(1) & 25.164(b) – Satellite
Construction Milestones

Section 25.137(d)(1) of the Commission’s rules requires applicants requesting

authority to operate with non-U.S. licensed space stations to demonstrate compliance with

satellite construction milestones.62 The milestone for NGSO-like systems is set forth in

Section 25.164(b) of the Commission’s rules, which specifies that NSGO operators “must

launch the space stations, place them in the assigned orbits, and operate them in

accordance with the station authorization no later than six years after the grant of the

license.”63

OneWeb currently anticipates that it will launch and operate the complete

OneWeb V-Band System within six years of grant of this Petition. OneWeb notes the

Commission recently initiated a proceeding in which it proposed to modify the existing

milestone requirement.64 OneWeb will comply with the milestone requirement currently

in place or any applicable rule regarding NGSO milestones adopted as a result of the

NGSO Rulemaking Proceeding.

(iii) Sections 25.137(d)(4) & 25.165 – Posting of
Bond

U.S. market access grantees for non-U.S. licensed satellites that are not in-orbit

and operating are subject to the Commission’s modified, escalating post-grant bond

62
47 C.F.R. § 25.137(d)(1).
63
47 C.F.R. § 25.164(b).
64
In the Matter of Update to Parts 2 and 25 Concerning Non-Geostationary, Fixed-
Satellite Service Systems and Related Matters, Notice of Proposed Rulemaking, IB
Docket No. 16-408, FCC 16-170, ¶ 32 (rel. Dec. 15, 2016) (“NGSO Rulemaking
Proceeding”).

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requirement.65 For NGSO-like systems, the initial bond amount is $1 million to provide

for payment in the event that such NGSO system licensee fails to meet the launch-and-

operation milestone.66 The payment amount will “increase, pro rata, in proportion to the

time that has elapsed since the license was granted to the time of the launch and operate

milestone,” with potential liability up to $5 million in the event of default.67 OneWeb

intends to post the required bond within 30 days of grant of this Petition and will comply

with the escalating bond requirements going forward.

(iv) Section 25.142(d) – Prohibition of Exclusive
Arrangements

Section 25.142(d) of the Commission’s rules precludes the Commission from

granting an FSS space station license to any applicant if that applicant, or any affiliate of

that applicant, shall acquire or enjoy any right to construct or operate space segment or

earth stations, or to interchange traffic, for the purpose of handling traffic to or from the

United States, its territories, or possessions, if such a right is denied to a U.S. company by

way of any concession, contract, understanding, or working arrangement to which the

applicant or any affiliate of the applicant are parties. OneWeb hereby confirms that it has

no such exclusive right, and that it will not acquire any such exclusive right in the future.

65
47 C.F.R. § 25.137(d)(4); see also Second Report and Order, 30 FCC Rcd 14713,
14745 at ¶ 81, n.220 (“We also make consequential changes to the bond
requirements for proposed non-U.S. licensed space stations that have been granted
access to the U.S. market but are not in orbit and operating.”).
66
Second Report and Order, 30 FCC Rcd 14713, 14744 at ¶ 70.
67
Id. at ¶¶ 80, 81.

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2. Waiver Requests

In addition to the waivers of the U.S. Table of Frequency Allocations requested in

Section III.B infra, OneWeb, pursuant to Sections 1.3 and 25.112(b)(1) of the

Commission’s rules, additionally requests waivers of the following rules:

 Section 25.112
 Section 25.156(d)(5)
 Section 25.157(c)
 Section 25.157(e)
 Sections 25.210(i) and 25.217(b)(1)

(i) Section 25.112

The Commission’s rules surrounding processing of space station applications

indicate that an application may be considered “unacceptable for filing” for a variety of

reasons, including incomplete answers, responses to Commission requests for information

that do not comply with Commission rules, and “other matters of a formal character.”68

Although OneWeb is making every effort to submit an application that is complete and

that complies with Commission rules in all aspects, space station processing round

applications are complex and require the compilation of dozens if not hundreds of pages

of technical and legal analysis.

Should the Commission determine that any part of OneWeb’s application does not

satisfy the requirements of Section 25.112, OneWeb requests that the Commission limit

its action under this part to the particular frequency band and proposed use at issue and

waive Section 25.112, to the extent necessary, as to the rest of the Petition, allowing it to

continue to be considered in the V-band processing round. This would avoid imposing

any unnecessarily harsh consequences upon OneWeb and facilitate the prompt processing

of this Petition.

68
47 C.F.R. § 25.112(a).

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(ii) Section 25.156(d)(5)

Section 25.156(d)(5) provides that, where the Commission has not adopted

frequency-band-specific service rules (and therefore sharing criteria for NGSO and GSO

systems), it will not consider NGSO applications after it has granted a GSO application;

will not consider GSO applications after it has granted an NGSO application; and will

divide the spectrum proportionally in the event that it receives NGSO and GSO

applications at the same time.69 The Commission does not appear to have adopted

frequency-band specific services rules or NGSO/GSO sharing criteria for the V-band.

OneWeb is also confident that the ITU will develop reasonable sharing criteria as a result

of WRC-19 agenda item 1.6, and that such solutions could be a model for the Commission

to adopt. Therefore, OneWeb requests a waiver of Section 25.156(d)(5) to the extent the

Commission intends to block consideration of NGSO systems or divide spectrum between

NGSO and GSO systems under the auspices of this rule.

Although the Commission has granted other applications in the V-band, these

applications included both NGSO and GSO satellites.70 OneWeb does not believe that

these prior applications, without any actual build-out or operations, require the

Commission to segment the V-band between NGSO and GSO constellations at this time.

OneWeb notes that there are no satellite systems currently operating in the V-band and

therefore no incumbent satellite system to be harmed by grant of a waiver. Furthermore,

segmentation under this rule would be inconsistent with the Commission’s previous

69
47 C.F.R. § 25.156(d)(5).
70
See Northrop Grumman Order at 2332 ¶ 1 (NGSO and GSO constellations);
Hughes Network Systems, LLC, IBFS File No. SAT-LOA-20111223-00248
(application for a Ka-band/V-band GSO FSS satellite; authorization surrendered
Aug. 1, 2014); In re Echostar Satellite Operating Corp., 31 FCC Rcd 2020 (rel.
Mar. 15, 2016).

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among all applicants. The language of Section 25.157(e) is inconsistent with the approach

endorsed by the Commission over a decade ago, which adopted an “avoidance of in-line

interference mechanism” in which licensees and market entrants may operate throughout

its authorized band except during “in-line” events.77 More recently, the Commission

proposed to clarify that the avoidance of in-line interference mechanism applies across the

Ku-band and Ka-band and sought comment on its applicability to other frequency bands.78

The Commission has previously waived band segmentation requirements and

granted NGSO applicants access to all requested V-band frequencies on a first-come, first-

served basis, when doing so would not preclude entry by later applicants.79 Furthermore,

it has waived Section 25.157(e) where a proposed NGSO system employs technical

solutions that can minimize in-line interference events.80

OneWeb’s entry in the V-Band processing round will not preclude later applicants

from using the V-band as well. Its system design is capable of accommodating other V-

band satellite systems in the future and limiting interference events between NGSO

systems. As the Commission has acknowledged, allowing NGSO systems to employ

spectrum-sharing mechanisms and coordinate with other systems to avoid in-line

interference events can eliminate the need for inefficient spectrum segmentation

77
Establishment of Policies and Service Rules for the Non-Geostationary Satellite
Orbit, Fixed Satellite Service in the Ku-Band, Report and Order and Further
Notice of Proposed Rulemaking, 17 FCC Rcd 7841, 7850 ¶ 27 (2002).
78
NGSO Rulemaking Proceeding at ¶ 23.
79
Northrop Order at 2341-42, ¶ 29 & n.62 (granting a waiver to Northrop Grumman
and noting additional instances of granted waivers).
80
Id. at 2343, ¶ 33.

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Respectfully submitted,

ONEWEB

By: /s/ Tony Azzarelli
Tony Azzarelli
Vice President, Regulatory Affairs

Of counsel:

Brian Weimer Jennifer Hindin
Douglas Svor Wiley Rein LLP
Sheppard Mullin Richter & Hampton 1776 K Street NW
LLP Washington, DC 20006
2099 Pennsylvania Ave NW, Suite 100 (202) 719-7000
Washington, DC 20006
(202) 747-2300

March 1, 2017

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Document Created: 2017-03-01 22:58:06
Document Modified: 2017-03-01 22:58:06

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