SpaceX Consolidated

REPLY submitted by Space Exploration Technologies Corp.

SpaceX Consolidated Reply

2017-07-14

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

IBFS_SATPDR2016111500108_1247980

Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Theia Holdings A, Inc. ) SAT-LOA-20161115-00121 ) Call Sign S2986 Application for Authority to Launch and ) Operate a Non-Geostationary Satellite Orbit ) System in the Fixed-Satellite Service, Mobile- ) Satellite Service, and Earth Exploration ) Satellite Service ) CONSOLIDATED OPPOSITION AND RESPONSE Joseph D. Fargnoli Chief Technology Officer Theia Holdings A, Inc. 1600 Market Street Suite 1320 Philadelphia, PA 19103 July 7, 2017

TABLE OF CONTENTS Page I. SUMMARY AND INTRODUCTION ................................................................................1 II. BACKGROUND .................................................................................................................6 III. DISCUSSION ......................................................................................................................9 1. Response to the GPSIA Petition ..............................................................................9 2. Response to Telesat Petition ..................................................................................18 3. Response to ViaSat Petition ...................................................................................20 4. Response to SpaceX Comments ............................................................................21 5. Response to Spire Comments ................................................................................30 6. Response to O3b Comments ..................................................................................31 7. Response to Space Norway Comments .................................................................32 8. Response to Hughes Comments.............................................................................33 9. Response to NASA Comments ..............................................................................33 IV. CONCLUSION ..................................................................................................................34 -i-

Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Theia Holdings A, Inc. ) SAT-LOA-20161115-00121 ) Call Sign S2986 Application for Authority to Launch and ) Operate a Non-Geostationary Satellite Orbit ) System in the Fixed-Satellite Service, Mobile- ) Satellite Service, and Earth Exploration ) Satellite Service ) CONSOLIDATED OPPOSITION AND RESPONSE I. SUMMARY AND INTRODUCTION Theia Holdings A, Inc. (“Theia”) hereby submits this Consolidated Opposition and Response to the petitions to deny filed by the GPS Innovation Alliance (“GPSIA”), Telesat Canada (“Telesat”), and ViaSat, Inc. (“ViaSat”), and the comments filed by Hughes Network Systems, LLC (“Hughes”), the National Aeronautical and Space Administration (“NASA”), SES S.A. and O3b Limited (together “O3b”), Space Exploration Holdings, LLC (“SpaceX”), Space Norway AS (“Space Norway”), and Spire Global, Inc. (“Spire”) (collectively, such filings the “Pleadings”) with respect to the above-referenced application proceeding.1 Theia demonstrated 1 See Petition to Deny or Defer of the GPS Innovation Alliance, IBFS File No. SAT-LOA- 20161115-00121, et al. (filed June 26, 2017) (“GPSIA Petition”); Petition to Deny of Telesat Canada, IBFS File No. SAT-LOA-20161115-00121, et al. (filed June 26, 2017) (“Telesat Petition”); Petition to Deny or Impose Conditions of ViaSat, Inc., IBFS File No. SAT-LOA- 20161115-00121, et al. (filed June 26, 2017) (“ViaSat Petition”); Comments of Hughes Network Systems, LLC, IBFS File No. SAT-LOA-20161115-00121, et al. (filed June 26, 2017) (“Hughes Comments”); Comments of NASA, IBFS File No. SAT-LOA-20161115-00121, et al. (filed June 26, 2017) (“NASA Comments”); Comments of SES S.A. and O3b Limited, IBFS File No. SAT- LOA-20161115-00121, et al. (filed June 26, 2017) (“O3b Comments”); Comments of Space Exploration Technologies, Corp., IBFS File No. SAT-LOA-20161115-00121, et al. (filed June 26, 2017) (“SpaceX Comments”); Comments of Space Norway AS, IBFS File No. SAT-LOA- 20161115-00121, et al. (filed June 26, 2017) (“Space Norway Comments”); Comments of Spire

in its application, which is a part of the Commission’s Ku-band/Ka-band processing round (the “FCC Processing Round”),2 that its proposed operations will comply with applicable Commission rules and International Telecommunication Union (“ITU”) regulations or otherwise warrant waivers of those requirements.3 Moreover, Theia stated expressly in its application that it will coordinate operations in all relevant frequency bands, including specifically the 1215- 1300 MHz band allocated for Earth-Exploration Satellite Service (active) and, in fact, had already begun that process. Nothing in the Pleadings rebuts Theia’s showings, much less justifies denial of Theia’s application or the imposition of any special license conditions, as explained herein. The Commission should deny the Petition to Deny filed by the GPSIA. The GPSIA sensationally overstates the potential interference of Theia’s proposed L-band radar operations in the 1215-1300 MHz band to any Global Navigation Satellite System (“GNSS”), including the Global Positioning System (“GPS”). A number of ITU reports and recommendations, as well as tests performed by the Japan Aerospace Exploration Agency (“JAXA”), the Jet Propulsion Lab, and Theia, demonstrate that space-based L-band radars do not cause harmful interfere to GPS systems in the 1215-1300 MHz band.4 Furthermore, the JAXA PALSAR-2 has been operating Global, Inc., IBFS File No. SAT-LOA-20161115-00121, et al. (filed June 26, 2017) (“Spire Comments”). 2 The application is also a part of the Commission’s V-band processing round. See Boeing Application Accepted For Filing In Part; Cut-Off Established For Additional NGSO-Like Satellite Applications Or Petitions For Operations In The 37.5-40.0 GHz, 40.0-42.40 GHz, 47.2- 50.2 GHz And 50.4-51.4 GHz Bands, Public Notice, 31 FCC Rcd 11957 (IB Nov. 1, 2016); see also Application, IBFS File No. SAT-AMD-20170301-00029 (filed March 1, 2017). 3 See, e.g., Theia Holdings A, Inc. Application, SAT-LOA-20161115-00121 at 4 (filed Nov. 15, 2016) (“Theia Application”). 4 See ITU, Pulsed radio frequency signal impact measurements and possible mitigation techniques between Earth exploration-satellite service (active) systems and radionavigation -2-

since 2014 in a mode almost identical to that planned by Theia (and the PALSAR-2 predecessors were previously in operations since 1992) with no known interference issues.5 Although Theia will operate 52 L-band radar satellites, Theia will ensure that its satellites do not illuminate any location that is already illuminated by another L-band radar, whether operated by Theia or another satellite operator. Indeed, doing so is critical to ensure that Theia’s L-band radar measurements are accurate. Contrary to the position of the GPSIA, L-band radar coordination among approximately 60 satellites (52 controlled by Theia) would not be impossible. In fact, such coordination is straightforward and essentially analogous to the coordination of communications links that occur every day among satellite operators. Indeed, coordination of L-band radar operations for approximately 60 satellites would be far easier than the coordination of the thousands of satellites associated with the FCC Processing Round, which itself is nonetheless a manageable task. Theia is aware that industry, consumers, and governments rely on GNSS-type systems, including GPS. Theia’s own services will depend on the continued ability of its customers to receive GNSS-type signals and accurately match location with various Theia geo-physical analytic products. Thus, separate from any regulatory obligations, Theia is strongly motivated and committed to ensuring that its L-band radar operations will not cause harmful interference to GNSS-type operations. satellite service systems and networks in the band 1215-1300 MHz, Report ITU-R RS.2311-0 at 19 (Sept. 2014); ITU, Feasibility of Sharing between Radionavigation-Satellite Service Receivers and the Earth Exploration-Satellite (Active) and Space Research (Active) Services in the 1215- 1260 MHz Band, Recommendation ITU-R RS.1347 at 7 (1998). 5 See ALOS-2 / PALSAR-2, ALOS Research and Application Project of EORC, JAXA, http://www.eorc.jaxa.jp/ALOS-2/en/about/palsar2.htm (last visited July 6, 2017). -3-

Prior to submitting its application in November 2016, Theia initiated discussions regarding its proposed radar operations with multiple GPS stakeholders, including the spectrum management office of NASA, the United States Air Force, and other representatives of the GPS Directorate, contrary to the unsubstantiated statements of the GPSIA otherwise.6 Similarly, Theia has begun discussions with other interested parties about L-band radar operations, including other commenters to this proceeding, and at this time there do not appear to be any technical reasons why all the identified issues cannot be easily resolved. With respect to the other Pleadings, the majority of the filings, including the petitions to deny filed by ViaSat and Telesat (both of which are participants in the FCC Processing Round), raise interference, spectrum sharing, and/or international coordination issues applicable to all participants in the FCC Processing Round and request the Commission to deny Theia’s application or condition grant of the license on compliance with specified requirements. The Commission has made clear in its recent decision to grant OneWeb’s market access request that such broad issues should be resolved in rulemaking proceedings of general applicability,7 including specifically the NGSO FSS NPRM proceeding,8 and are not a basis for denial or delay 6 See Theia Application at 18 (“Theia is actively engaged with NASA, the GPS Directorate and other stakeholders regarding spectrum access and compatibility issues.”); id., Technical Appendix, at 19 n. 10 (coordination process with radio navigation satellite service community are underway); compare GPSIA Petition to Deny at 7 (“Theia’s proposal does not present any plan to coordinate with the GPS and GNSS stakeholders.”). 7 See, e.g., In the Matter of WorldVu’s Satellite Limited, Petition for a Declaratory Ruling Granting Access to the U.S. Market for the OneWeb NGSO FSS System, Order and Declaratory Ruling, DA FCC 17-77 ¶ 5 (June 23, 2017) (“OneWeb Order”) (“[W]e defer matters of general applicability to ongoing or potential future rulemakings.”). 8 See Update to Parts 2 and 25 Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related Matters, Notice of Proposed Rulemaking, 31 FCC Rcd 13651 (rel. Dec. 15, 2016) (“NGSO FSS NPRM”). -4-

in granting applications submitted in the FCC Processing Round.9 None of these Pleadings provide any basis for deviating from that conclusion. That same analysis supports rejecting the proposals to impose special license conditions on the grant of Theia’s application for other matters of general applicability.10 In particular, to the extent the Commission believes it should adopt new orbital debris rules regarding satellite design and fabrication reliability and collision avoidance requirements, the Commission should address any such new rules in an appropriate notice and comment rulemaking proceeding. Those issues are of general applicability and could impact other entities that are not a part of Theia’s license application proceeding or even the application or market access proceedings of the other participants in the FCC Processing Round. Nevertheless, Theia recognizes the importance of being a responsible space actor. In its filing on April 14, 2017 in response to a Commission inquiry, Theia revised its orbital debris mitigation plan to enhance physical coordination of the Theia constellation and facilitate fully controlled de-orbit of its satellites from re-entry to disposal into the ocean.11 That proposal fully addresses the potential de-orbit collision concerns raised by various commenters, as well as the 9 See OneWeb Order at ¶ 12 (grant of OneWeb market access request prior to the conclusion of the NGSO FSS NPRM proceeding is not premature) 10 Theia does not object to the grant of a license subject to any applicable conditions that the Commission imposed in the OneWeb Order. 11 See Letter from Joseph Fargnoli, Chief Technology Officer, Theia Group, Inc. to Jose Albuquerque, Chief, Satellite Division, International Bureau, FCC, File No. SAT-LOA- 20161115-00121 (Apr. 14, 2017) (“Theia April 14 FCC Response”); see also Letter from Jose P. Albuquerque, Chief, Satellite Division, International Bureau, FCC to Tom W. Davidson, Counsel to Theia Holdings A, Inc., File No. SAT-LOA-20161115-00121 (Mar. 15, 2017) (“FCC March 15 Letter”). -5-

Commission.12 Because Theia’s space assets will cost many millions of dollars each to construct and deploy, Theia is highly motivated to ensure the reliability of its satellites in orbit and their ability to avoid collisions with other objects during their mission lifetimes. For the reasons summarized above and discussed herein, Theia requests that the Commission deny the petitions to deny and reject the requests in the comments to impose special conditions on the grant of Theia’s application. Any licensing decision that imposes special conditions on Theia, for factors applicable to other participants in the FCC Processing Round, would be contrary to basic tenets of administrative procedure requiring the Commission to treat similarly situated parties the same.13 II. BACKGROUND Theia Application. On November 15, 2016, Theia timely filed an NGSO FSS satellite application in the FCC’s Ku-band/Ka-band processing round.14 Eleven other entities, including five of the parties filing pleadings regarding Theia’s application (i.e., O3b, SpaceX, Space Norway, Telesat, and ViaSat), also filed NGSO FSS applications in the FCC Processing Round.15 12 In recent discussions with NASA, NASA indicated it was not aware of the Theia April 14 FCC Response. Theia is continuing to work with NASA but believes that filing largely alleviates NASA’s concerns, as discussed below. 13 See, e.g., Melody Music, Inc. v. FCC, 345 F.2d 730, 732-33 (D.C. Cir. 1965). 14 See generally Theia Application. 15 See Application of The Boeing Co., SAT-LOA-20161115-00109 (filed Nov. 15, 2016); Petition for Declaratory Ruling of Kepler Communications Inc., SAT-PDR-20161115-00114 (filed Nov. 15, 2016); Application of SpaceX, SAT-LOA-20161115-00118 (filed Nov. 15, 2016); Amendment of O3b Ltd., SAT-AMD-20161115-00116 (filed Nov. 15, 2016); Application of Audacy Corp., SAT-LOA-20161115-00117 (filed Nov. 15, 2016); Telesat Letter of Intent, SAT-PDR-20161115-00108 (filed Nov. 15, 2016); Petition for Declaratory Ruling of Space Norway AS, SAT-PDR-20161115-00111 (filed Nov. 15, 2016); Petition for Declaratory Ruling of LeoSat MA, Inc., SAT-PDR-20161115-00112 (filed Nov. 15, 2016); Petition for Declaratory -6-

In its application, Theia demonstrated that its proposed operations will comply with applicable Commission rules and policies and sought waivers of Commission rules where necessary.16 On March 15, 2017, the Commission requested additional information about Theia’s constellation and planned operations17 and Theia timely responded on April 14, 2017.18 On May 26, 2017, the FCC accepted Theia’s application for filing and placed the application on public notice for comment.19 Petitions to Deny and Comments. On June 26, 2017, nine parties submitted petitions to deny and comments regarding Theia’s application.20 Viasat and Telesat, both participants in the FCC Processing Round, filed petitions to deny raising concerns related to interference, spectrum sharing, and/or international coordination.21 Three other participants in the FCC Processing Round, O3b, SpaceX, and Space Norway, filed comments raising similar concerns regarding sharing of spectrum between satellite systems.22 Hughes, which operates GSO satellites, filed a letter expressing concerns regarding potential interference to GSO networks operating in the Ka- band frequencies.23 Ruling of ViaSat, Inc., SAT-PDR-20161115-00120 (filed Nov. 15, 2016); Application of Karousel LLC, SAT-LOA-20161115-00113 (filed Nov. 15, 2016). 16 See generally, Theia Application. 17 See FCC March 15 Letter. 18 See Theia April 14 FCC Response. 19 See Cut-Off Established for Additional NGSO-Like Satellite Applications or Petitions for Operations in the 12.75-13.25 GHz, 13.85-14.0 GHz, 18.6-18.8 GHz, 19.3-20.2 GHz, and 29.1- 29.5 GHz Bands, Public Notice, 3 FCC Rcd 4180 (IB May 26, 2017). 20 See supra note 1. 21 See generally Telesat Petition; ViaSat Petition. 22 See generally SES/O3b Comments; SpaceX Comments; Space Norway Comments. 23 See Hughes Comments at 2. -7-

The GPSIA filed a petition to deny based on concerns that Theia’s proposed L-band radar operations in the 1215-1300 MHz band could cause harmful interference to the reception of GNSS-type signals, including specifically the GPS L2 signal centered at 1227 MHz.24 Spire requested that Theia coordinate its use of the 1215-1300 MHz band to protect Spire’s satellite use of GNSS-type signals for its radio-occultation operations.25 NASA highlighted concerns regarding the proposed orbital altitude, 800 km, for Theia’s system and asked that Theia develop a “robust collision avoidance risk analysis process.”26 NASA also raised the general concern, mainly in response to SpaceX’s satellite constellation, that participants seeking to deploy a large number of satellites (4,000+) may need to ensure a higher degree of reliability than NASA’s current 90% standard.27 Similarly, Spire raised general orbital debris concerns regarding the post-mission disposal plans of all of the participants in the FCC Processing Round to ensure that the participants adequately protect the operating satellites in the 400-650 km orbital environment, including those of Spire. Spire acknowledged expressly that Theia’s revised orbital debris mitigation plan filed on April 14, 2017 addressed its concerns in this regard.28 Theia’s responses to each of the Pleadings follow. 24 See GPSIA Petition at 2. 25 See Spire Comments at 5-6. 26 See NASA Comments at 2-3. 27 See NASA Comments at 2. 28 See Spire Comments at 4, n.8. -8-

III. DISCUSSION 1. Response to the GPSIA Petition As an initial matter, Theia emphasizes that it takes spectrum interference very seriously in all cases, but even more so with respect to GPS and GNSS. Theia fully acknowledges and supports the critical role that GNSS-type systems play in today’s society. Virtually every analytic product that Theia will supply to its customers is expected to include a component of geo-referencing. The ability of Theia’s customers to obtain accurate geo-referencing through GNSS-type systems and infrastructure typically will be required in order to employ Theia’s products. Therefore, any deleterious interference with GNSS-type systems, regardless of the source, is directly in contravention to Theia’s business interests. Theia is, and will in the future remain, committed to working with GNSS stakeholders to assure that Theia is fully aligned with them in protecting critical GNSS-type systems and receivers from interference. That said, extensive analysis, laboratory testing, and on-orbit operations of radar satellites over the last 20 years show that radar operations in the 1215-1300 MHz band are compatible with GNSS and GPS operations. The results of many of these investigations are embodied in ITU-R reports and recommendations, only some of which the GPSIA references. Some of the more relevant ITU analyses and test reports are as follows: • Feasibility of Sharing between Radionavigation-Satellite Service Receivers and the Earth Exploration-Satellite (Active) and Space Research (Active) Services in the 1215-1260 MHz Band (1998) (“Rec. ITU-R RS.1347”);29 • Evaluation method for pulsed interference from relevant radio sources other than in the radionavigation-satellite service to the radionavigation-satellite service 29 See ITU, Feasibility of Sharing between Radionavigation-Satellite Service Receivers and the Earth Exploration-Satellite (Active) and Space Research (Active) Services in the 1215-1260 MHz Band, Recommendation ITU-R RS.1347 (1998). -9-

systems and networks operating in the 1164-1215 MHz, 1215-1300 MHz and 1559-1610 MHz frequency bands (2012) (“Rec. ITU-R M.2030”); 30 • Calculation method to determine aggregate interference parameters of pulsed RF systems operating in and near the bands 1164-1215 MHz and 1215-1300 MHz that may impact radionavigation-satellite service airborne and ground-based receivers operating in those frequency bands (2011) (“Rec. ITU-R M.2220-0”);31 • Potential interference from Earth exploration-satellite service (active) scatterometers into aeronautical radionavigation service systems in the frequency band 1215-1300 MHz (2013) (“Report ITU-R RS.2273”);32 and • Pulsed radio frequency signal impact measurements and possible mitigation techniques between Earth exploration-satellite service (active) systems and radionavigation satellite service systems and networks in the band 1215-1300 MHz (2014) (“Report ITU-R RS.2311-0”).33 As a practical matter, satellite-based radar technologies have operated in the same or adjacent frequency bands as GNSS systems, including GPS, for years and have been shown to co-exist successfully. For example, PALSAR-2 has been operating since 2014 and is the third in a series of JAXA-launched space radar, which have operated in the same spectrum since 1992 (including JERS and PALSAR-1).34 Theia’s specific responses to the arguments raised in the GPSIA Petition are as follows: 30 See ITU, Evaluation method for pulsed interference from relevant radio sources other than in the radionavigation-satellite service to the radionavigation-satellite service systems and networks operating in the 1164-1215 MHz, 1215-1300 MHz and 1559-1610 MHz frequency bands, Recommendation ITU-R M.2030 (Dec. 2012). 31 See ITU, Calculation method to determine aggregate interference parameters of pulsed RF systems operating in and near the bands 1164-1215 MHz and 1215-1300 MHz that may impact radionavigation-satellite service airborne and ground-based receivers operating in those frequency bands, Recommendation ITU-R M.2220-0 (Oct. 2011). 32 See ITU, Potential interference from Earth exploration-satellite service (active) scatterometers into aeronautical radionavigation service systems in the frequency band 1215- 1300 MHz, Report ITU-R RS.2273 (Sept. 2013). 33 See ITU, Pulsed radio frequency signal impact measurements and possible mitigation techniques between Earth exploration-satellite service (active) systems and radionavigation satellite service systems and networks in the band 1215-1300 MHz, Report ITU-R RS.2311-0 (Sept. 2014). 34 See ALOS-2 / PALSAR-2, ALOS Research and Application Project of EORC, JAXA, http://www.eorc.jaxa.jp/ALOS-2/en/about/palsar2.htm (last visited July 6, 2017). - 10 -


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