Response to Space N

REPLY submitted by Telesat Canada

Telesat Canada response to Space Norway AS

2017-07-07

This document pretains to SAT-PDR-20161115-00108 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2016111500108_1245958

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

In the Matter of                              )
                                              )
Telesat Canada                                )   File No. SAT-PDR-20161115-00108
                                              )
Petition for Declaratory Ruling to Grant      )
Access to the U.S. Market for Telesat’s       )
NGSO Constellation                            )



   TELESAT CANADA’S RESPONSE TO COMMENTS OF SPACE NORWAY AS

       In the above-referenced Petition for Declaratory Ruling (“Petition”), Telesat

Canada (“Telesat”) seeks access to the U.S. market for Telesat’s planned low earth orbit

(“LEO”), non-geostationary satellite orbit (“NGSO”) satellite system (the “Telesat LEO

Constellation” or “LEO Constellation”).

       Telesat’s LEO Constellation will be comprised of over 100 advanced satellites

that will deliver high capacity, high speed, low latency data services with a distributed

space architecture designed to enhance network security and resiliency and the ability

to provide coverage anywhere in the world. The innovative design combines polar and

inclined orbits, incorporates advanced technologies that will make effective and

efficient use Ka-band spectrum to bring needed services to the public, including many

presently underserved areas. Innovation, Science and Economic Development Canada

(formerly Industry Canada) has authorized Telesat to launch and operate this LEO

Constellation, and Telesat has filed the Petition for authority to serve the U.S. market.


                                                     2


        Space Norway AS (“Space Norway”) filed Comments with respect to Telesat’s

Petition. 1Telesat hereby responds to SpaceX’s Comments. Telesat demonstrates that

the Comments provide no basis for delaying a grant of Telesat’s Petition.

        I.      DISCUSSION

        Space Norway’s pleading is simply a rehash of comments that it submitted in

response to the Notice of Proposed Rulemaking in the Commission’s pending NGSO

proceeding (“NGSO NPRM”).2 Space Norway argued that its Highly Elliptical Orbit

(HEO) system should be treated in GSO primary spectrum like a GSO system, i.e.,

NGSO systems should be required to protect its HEO system and its HEO system

should not be required to protect NGSO systems.


        There is no basis for conditioning Telesat’s grant on compliance with Space

Norway’s rulemaking proposal. The proposal can be addressed in the rulemaking

proceeding in which it was made. Space Norway does not even allege that Telesat’s

application violates or is inconsistent with any Commission rule or policy.


        There also is no basis either in ITU or Commission rules for treating Space

Norway’s HEO system like a GSO system in this processing round. If Space Norway

will operate as a GSO system, its petition should be dismissed from the NGSO

processing round. Conversely, if Space Norway will operate as an NGSO or NGSO-


1 Comments of Space Norway AS, File No. SAT-PDR-20161115-00108 (filed June 26, 2017) (“Space Norway
Comments”).
2 See Update to Parts 2 and 25 Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related

Matters, IB Docket No. 16-408, Notice of Proposed Rulemaking, 31 FCC Rcd 13651 (2016) (“NGSO
NPRM”).


                                              3


like system, then it must operate under the ITU and Commission rules that govern such

operations.


          Space Norway’s suggestion, moreover, that it would be “relatively easy”3 for

Telesat to protect and co-exist with Space Norway’s HEO system by employing the

techniques Telesat must use to protect GSO networks, ignores the very real

consequences to Telesat of being required to do so. It is true that the physics involved

in protecting a HEO system such as Space Norway’s is the same as that involved in

protecting GSO networks – a handover between satellites would need to occur to

ensure protection levels are respected. However, although Telesat’s LEO Constellation

has been designed to ensure coexistence with the GSOs, to accommodate Space

Norway, Telesat would either have to forego service to northern areas, including parts

of Alaska and Northern Canada—Space Norway is not the only one planning to serve

these areas--or engage in substantial and costly system changes, including the addition

of more satellites to its fleet.


          Notwithstanding the deficiencies in Space Norway’s position, Telesat has no

objection to accepting a condition, similar to the condition the Commission adopted in

its recent grant of OneWeb’s petition for U.S market access, stating that any earth




3   Space Norway Comments at 3.


                                                      4


station licenses granted in the future “would be subject to modification to bring them

into conformance with any rules or policies adopted by the Commission in the future.”4


          II.    CONCLUSION


          Telesat urges that the Commission grant Telesat’s Petition, consistent with the

action taken by the Commission with respect to OneWeb’s petition for access to the U.S.

market. Nothing in Space Norway’s Comments warrants delaying such favorable

action.

                                          Respectfully submitted,


                                          TELESAT CANADA


                                          /s/
                                          Elisabeth Neasmith
                                          Director, Spectrum Management and Development
                                          1601 Telesat Court
                                          Ottawa, Ontario
                                          Canada, K1B 5P4
                                          (613) 748-0123
Of Counsel:
Henry Goldberg
Joseph A. Godles
Jonathan L. Wiener
Goldberg, Godles, Wiener & Wright LLP
1025 Connecticut Avenue, Suite 1000
Washington, DC 20036
(202) 429-4900


July 7, 2017


4Cf. WorldVu Satellites Limited, Petition for a Declaratory Ruling Granting Access to the U.S. Market for the
OneWeb NGSO FSS System, IBFS File No. SAT-LOI-20160428-00041, Order & Declaratory Ruling, FCC 17-
77 (June 23, 2017).


                              CERTIFICATE OF SERVICE


      I hereby certify that on this 7th day of July, 2017, a copy of the foregoing

Response to Comments of Space Norway was sent by first-class, United States mail to

the following:


       Phillip L. Spector                           Jostein Rønneberg
       Lafayette Greenfield                         Director and Chief Executive Officer
       Milbank, Tweed, Hadley & McCloy              Space Norway AS
       LLP                                          Drammensveien 165
       1850 K Street NW, Suite 1100                 PO Box 66
       Washington, DC 20006                         0212 Oslo, Norway




                                                /s/___________
                                                Brenda Campbell



Document Created: 2017-07-07 16:41:59
Document Modified: 2017-07-07 16:41:59

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