Planet Labs Letter f

LETTER submitted by Planet Labs Inc.

Planet Labs Letter for DigitalGlobe Coordination

2018-12-21

This document pretains to SAT-MOD-20180918-00073 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2018091800073_1592839

Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 T +1 202 637 5600 F +1 202 637 5910 www.hoganlovells.com December 21, 2018 ELECTRONIC FILING VIA IBFS Marlene H. Dortch Office of the Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: DG Consents Sub, FCC File No. SAT-MOD-20180918-00073 Dear Ms. Dortch, Planet Labs Inc. (“Planet”), by its counsel, hereby submits these comments, pursuant to 47 C.F.R. § 25.154(a), concerning the above-referenced satellite application filed by DG Consents Sub Inc. (“DigitalGlobe”).1 DigitalGlobe proposes to operate a new satellite system constellation (“Worldview- Legion”) comprised of twelve satellites using the same S-band and X-band frequency allocations that Planet uses for its authorized satellite systems and associated ground stations.2 Because coordination of the Worldview-Legion and Planet systems is necessary to mitigate the potential for harmful interference between the two systems and the parties have not yet reached any coordination agreement, Planet requests that the FCC include as a condition of any grant of the application that DigitalGlobe complete coordination with Planet prior to any operations under the proposed application. Given Planet’s demonstrated history of cooperating and successfully coordinating with other parties, including DigitalGlobe,3 and DigitalGlobe’s acknowledgment that such coordination is necessary,4 Planet believes that the parties can complete coordination well in advance of the 1 The modification application appeared on public notice as accepted for filing on December 7, 2018. See FCC Report No. SAT-01362 (Dec. 7, 2018). Planet has filed in advance of the comment deadline in light of the upcoming holidays and potential government shutdown on December 21, 2018. 2 Planet operates the Flock (Call Sign S2912) and Skysat (Call Sign S2862) imaging systems and several S-band and X-band earth stations throughout the world, some of which are in close proximity to locations DigitalGlobe intends to use for its proposed Worldview-Legion operations. For these reasons, Planet has an interest in the DigitalGlobe application. 3 See, e.g., DigitalGlobe, Inc. and Planet Labs Inc., Joint Letter, File No. MOD-20170713-00103 (filed Nov. 6, 2017) (evidencing the completion of coordination of Planet’s modified satellite system with DigitalGlobe’s first-generation system); DigitalGlobe, Inc., Notice of Withdrawal, File No. SAT- LOA-20130626-00087 (filed Sep. 16, 2013) (evidencing the completion of coordination of Planet’s initial satellite license application with DigitalGlobe’s first-generation system); Planet Labs Inc., Stamp Grant, File No. SES-STA-20140212-00074, at Condition 2 (released Apr. 3, 2014) (establishing conditions to reflect the completion of coordination with the Society of Broadcasting Engineers). 4 See Letter to Marlene H. Dortch, Secretary, Federal Communications Commission from David S. Keir, Counsel to DigitalGlobe, File No. SAT-MOD-20170713-00103, at 2; see also infra n. 7. Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. “Hogan Lovells” is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP, with offices in: Alicante Amsterdam Baltimore Beijing Birmingham Boston Brussels Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Johannesburg London Los Angeles Luxembourg Madrid Mexico City Miami Milan Minneapolis Monterrey Moscow Munich New York Northern Virginia Paris Perth Philadelphia Rio de Janeiro Rome San Francisco São Paulo Shanghai Silicon Valley Singapore Sydney Tokyo Warsaw Washington DC Associated offices: Budapest Jakarta Shanghai FTZ Ulaanbaatar Zagreb. Business Service Centers: Johannesburg Louisville. For more information see www.hoganlovells.com

Ms. Marlene H. Dortch -2- December 21, 2018 announced deployment date of the Worldview-Legion satellites in 2021.5 Planet does not oppose the application but is submitting this letter to emphasize the importance for parties sharing frequencies to coordinate.6 The proposed new system increases the potential for interference to Planet systems because: (1) the number of proposed Worldview-Legion satellites more than doubles the current number of DigitalGlobe satellites; (2) the new Worldview-Legion constellation will use an new inclined orbit (45 degrees) necessitating increased use of mid-latitude earth stations where many of Planet’s earth stations operate; and (3) the Worldview-Legion satellites transmit at much higher power than Planet satellites. DigitalGlobe itself acknowledges its coordination obligation in its application7 and, in fact, recently requested that the FCC condition grant of a Planet satellite application upon successful completion of coordination with DigitalGlobe8—which Planet accomplished within approximately two months. Nonetheless, despite multiple outreach efforts, commencing more than a month prior to the DigitalGlobe application being placed on public notice, Planet and DigitalGlobe have not had any coordination discussions or meetings. For these reasons, Planet requests that the FCC include as a condition of any grant of the application that DigitalGlobe complete coordination with Planet prior to any operations under the proposed application. Respectfully Submitted, /s/ Tony Lin Tony Lin tony.lin@hoganlovells.com D 1+ 202 637 5795 Counsel to Planet Labs Inc. 5 See, e.g., Stephen Clark, DigitalGlobe books two launches with SpaceX for Earth-imaging fleet, SPACEFLIGHT NOW (Mar. 28, 2018) (https://spaceflightnow.com/2018/03/28/digitalglobe-books-two- launches-with-spacex-for-earth-imaging-fleet/) (last visited Dec. 20, 2018). 6 See, e.g., 47 C.F.R. §25.261(b) (requiring NGSO FSS operators sharing the use of commonly authorized frequencies to coordinate in good faith); 47 C.F.R. §25.203(h) (requiring earth station applicants in bands with co-primary allocations to NGSO and GSO earth stations to coordinate proposed site and frequency usage with existing earth station licensees and applicants); DigitalGlobe, Inc., Order and Authorization, 20 FCC Rcd 15696, 15699 ⁋ 6-8 (Sat. Div., Int’l Bur. 2005) (waiving processing round rules based on DigitalGlobe’s representation, and the Commission’s conclusion, that EESS NGSO systems “can share the same frequency bands”). 7 See Attachment Narrative, FCC File No. SAT-MOD-20180918-00073, at I. F (“Coordination avoids interference between WorldView Legion transmissions and those of other EESS systems operating in the band 8025-8400 MHz [.]”). 8 See, e.g., Letter to Marlene H. Dortch, Secretary, Federal Communications Commission from David S. Keir, Counsel to DigitalGlobe, File No. SAT-MOD-20170713-00103.

CERTIFICATE OF SERVICE I, Daniel Landesberg, hereby certify that on December 21, 2018, a true and correct copy of this letter was sent via U.S. Mail, first class postage prepaid, to the following: Libby Smith Henry Gola DG Consents Sub, Inc. Wiley Rein LLP 1300 W. 120th Avenue 1776 K St., NW Westminster, CO 80234 USA Washington, DC 20006 libby.smith@digitalglobe.com hgola@wileyrein.com Counsel to DG Consents Sub, Inc. /s/ Daniel Landesberg Daniel Landesberg


Document Created: 2018-12-21 15:48:38
Document Modified: 2018-12-21 15:48:38
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