Attachment Petition SAT-PDR-20161115-00120

Attachment Petition

This document pretains to SAT-PDR-20161115-00120 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2016111500120_1158352

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

In the Matter of )
)
ViaSat, Inc. )
) File No. _________________
Petition for Declaratory Ruling Granting )
Access to the U.S. for a Non-U.S.-Licensed )
Nongeostationary Orbit Satellite Network )

PETITION FOR DECLARATORY RULING

Christopher J. Murphy John P. Janka
Daryl T. Hunter Elizabeth R. Park
Christopher Hofer Jarrett S. Taubman
VIASAT, INC. LATHAM & WATKINS LLP
6155 El Camino Real 555 Eleventh Street, NW
Carlsbad, CA 92009-1699 Washington, DC 20004
(202) 637-2200

Counsel for ViaSat, Inc.

November 15, 2016

TABLE OF CONTENTS

I. GRANT OF VIASAT’S PETITION WOULD SERVE THE PUBLIC INTEREST ..........2

A. Description of the VIASAT-NGSO Satellite Network............................................3
B. Services to be Supported ..........................................................................................4

II. DISCO II SHOWING – SECTION 25.137(A) ....................................................................7

A. Effect on Competition in the United States .............................................................7
B. Spectrum Availability ..............................................................................................9
1. Primary NGSO FSS Allocations/Designations ..........................................12
2. Secondary NGSO FSS Allocations/Designations......................................12
3. Waiver Requests for Nonconforming Spectrum Use.................................15
C. National Security, Law Enforcement, and Public Safety Matters .........................19

III. LEGAL AND TECHNICAL INFORMATION – SECTION 25.137(B) ..........................19

A. Legal Qualifications ...............................................................................................19
B. Technical Qualifications ........................................................................................19
C. Safe Flight and Orbital Debris Mitigation .............................................................19

IV. ADDITIONAL REQUIREMENTS – SECTION 25.137(D) ............................................21

A. Milestones and Bond Requirement ........................................................................21
B. Reporting Requirements ........................................................................................21
C. Spectrum Usage .....................................................................................................21
D. Ownership Information ..........................................................................................22

V. REQUEST FOR WAIVERS..............................................................................................23

A. Partial Waiver of Application Acceptance Standard .............................................23
B. Waiver of Section 25.156(d)(5) .............................................................................24
C. Waiver of Section 25.210(i) and Section 25.217(b)(1)..........................................25

VI. SCHEDULE S MATTERS ................................................................................................26

VII. PROCESSING OF THIS PETITION ................................................................................29

VIII. WAIVER PURSUANT TO SECTION 304 OF THE COMMUNICATIONS ACT ........30

IX. CONCLUSION ..................................................................................................................31

Attachment A: Technical Annex

Attachment B: Radiocommunications Agency Netherlands Letter

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

In the Matter of )
)
ViaSat, Inc. )
) File No. _________________
Petition for Declaratory Ruling Granting )
Access to the U.S. for a Non-U.S.-Licensed )
Nongeostationary Orbit Satellite Network )

PETITION FOR DECLARATORY RULING

ViaSat, Inc. (“ViaSat”) files this Petition for Declaratory Ruling seeking access to

the United States for a nongeostationary orbit (“NGSO”) satellite network operating under

authority of the government of the Netherlands (the “VIASAT-NGSO” satellite network). This

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

Station Licensing Reform Order,2 and recent public notices establishing cut-offs for additional

NGSO-like satellite applications and petitions for operations in: (i) the 17.8-18.6 GHz, 18.8-19.3

GHz, 27.5-28.35 GHz, 28.35-29.1 GHz, and 29.5-30.0 GHz band segments; and (ii) the 37.5-

40.0 GHz, 40.0-42.0 GHz, 47.2-50.2 GHz and 50.4-51.4 GHz band segments.3

1
47 C.F.R. § 25.137. Consistent with the Commission’s 2015 Part 25 Reform Order, this
request is styled 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) (specifying that “all requests for market access by the space
station operator must be submitted through a petition for declaratory ruling”) (“Part 25
Reform Order”). In its response to Question 17.b of the accompanying FCC Form 312,
ViaSat has selected “Letter of Intent to Use Non-U.S. Licensed Satellite to Provide
Service in the United States” because the FCC Form 312 has not yet been updated to
reflect the direction provided in the 2015 Part 25 Reform Order.
2
See Amendment of the Commission’s Space Station Licensing Rules and Policies, 18 FCC
Rcd 10760, at ¶ 294 (2003) (“Space Station Licensing Reform Order”).
3
See OneWeb Petition Accepted for Filing, Public Notice, DA 16-804 (Jul. 15, 2016)

featuring even more advanced technical capabilities and even more compelling bandwidth

economics, ViaSat also seeks to augment those capabilities with NGSO capabilities.

The VIASAT-NGSO satellite network is another step in the evolution of the

company’s satellite broadband platform. Among other things, the VIASAT-NGSO satellite

network would allow the company to utilize spectrum resources in the Ka and V Bands more

intensively, and thus facilitate ViaSat’s efforts to provide broadband services throughout (as well

as outside of) the United States. Notably, the ubiquitous coverage afforded by the NGSO

constellation would enable ViaSat to serve all areas of the country—including those that have

been “left behind” by terrestrial broadband providers. Therefore, among other things, grant of

this Petition would advance the Commission’s universal service objectives.

In addition, ViaSat seeks authority to use the VIASAT-NGSO satellite network to

develop and offer innovative satellite-based communications services that combine the high

throughput available through ViaSat’s existing and planned GSO satellites with the ubiquitous

coverage and low latency available through a NGSO platform. More specifically, ViaSat plans

to develop “hybrid” offerings that efficiently combine the attributes of both network

architectures in order to effectively address specific customer needs. Because these offerings

would be viable alternatives to more traditional terrestrial offerings, the grant of this Petition and

deployment of the VIASAT-NGSO satellite network would also further the Commission’s goals

of enhancing competition and promoting the growth and development of cost-effective

broadband services throughout the United States.

A. Description of the VIASAT-NGSO Satellite Network

The proposed VIASAT-NGSO satellite network would incorporate a constellation

of 24 satellites operating in medium earth orbit (“MEO”) in three separate orbital planes of eight

satellites each, with one in-orbit spare in each orbital plane. The planes are inclined at 87° to the
3

equator and the satellites are in circular orbits at an altitude of 8,200 km. The network would

utilize Ka- and V-Band spectrum in the specific band segments described below. In addition to

the satellite constellation, the system would include: (i) earth stations that directly serve end

users;4 (ii) earth stations associated with facilities that aggregate traffic and interconnect into

terrestrial facilities (sometimes referred to as “gateways” or “gateway-type” facilities); and (iii)

satellite control and network operations facilities. Commission authority for earth stations in the

United States would be separately sought and obtained as appropriate.

ViaSat estimates that each satellite in the VIASAT-NGSO satellite network would

operate for approximately 20 years. However, given that satellites could be replaced over time,

the network as a whole is designed to be capable of operating indefinitely.

All of the capacity available on the VIASAT-NGSO satellite network would be

provided on non-common carrier basis.5

The VIASAT-NGSO satellite network is described in greater detail in the

attached Technical Annex.

B. Services to be Supported

ViaSat proposes to use the VIASAT-NGSO satellite network to provide a wide

array of FSS communications services, both independently and in conjunction with capabilities

available through ViaSat’s GSO satellites. These services would be tailored to meet the specific

needs of consumer, enterprise, and government users in the United States. Given its global

4
Additional information is provided in Section II.A of the Technical Annex included as
Attachment A.
5
See Amendment to the Commission’s Regulatory Policies Governing Domestic Fixed
Satellites and Separate International Satellite Systems, 11 FCC Rcd 2429, at ¶¶ 46-50
(1996) (no longer a need to require domestic satellite licenses to provide capacity on a
common carrier basis) (“DISCO I”).
4

coverage, the VIASAT-NGSO satellite network would also provide service outside of the United

States, in a manner consistent with applicable law in the jurisdictions being served.

Among other things, the network would help ViaSat to satisfy the growing need

for high-speed, high-capacity broadband access. The network would also allow ViaSat to

develop and offer innovative “hybrid” offerings that combine and leverage the most attractive

attributes of NGSO and GSO network architectures to efficiently address specific customer

needs. Grant of this Petition therefore would allow ViaSat to more efficiently and effectively

meet customer demands for high-quality broadband services.

In addition, the VIASAT-NGSO satellite network would use 27.5-29.1 GHz and

29.5-30.0 GHz FSS “uplink” spectrum and 17.8-19.3 GHz and 19.7-20.2 GHz FSS “downlink”

spectrum to support high-speed transmissions between its MEO constellation and in-orbit GSO

satellites. This spectrum would be used in the same direction in which it currently is used on

GSO satellites, with the uplinks from MEO satellites to GSO satellites occurring in the uplink

band segments, and the downlinks from GSO satellites to MEO satellites occurring in the

downlink band segments. GSO satellites would forward data to the MEO satellites from various

places on Earth, including the United States; GSO satellites also would transmit data from MEO

satellites back to various places on Earth, including the United States.

This MEO-to-GSO communications capability would provide an additional and

alternative means of transmitting essential data to, and “backhauling” essential data from, MEO

satellites, and thereby would enable a wide variety of services, including remote sensing. For

example, for new sensing technologies without ready access to satellite uplink and/or downlink

spectrum, these capabilities would make existing satellite broadband capabilities available for

transmitting payload mission data to Earth, and also for transmitting important updated tasking

5

and programming to the space-based sensors, among other things. Thus, these MEO-to-GSO

capabilities would facilitate efficient spectrum use and reduce the need to find, coordinate,

reserve, and license additional spectrum (such as S-Band and X-Band frequencies) for sensing

missions. Moreover, MEO-to-GSO communications would provide many more transmission

opportunities in real-time and near-real-time than using traditional “store and forward” sensing

downlinks and ground stations. Accordingly, valuable data could be retrieved faster and made

available in a more timely manner for processing and analysis. Furthermore, MEO-to-GSO

communications links would provide important communications redundancies for both the main

communications payload and for any sensing payloads that may be included on the MEO

satellites, increasing the likelihood of communications with the MEO satellites if there ever is a

problem with the MEO-to-Earth communications path.

Notably, these satellite-to-satellite communications capabilities are consistent

with the definition of the FSS under the Commission’s rules, which provides that FSS spectrum

can be used for satellite-to-satellite links.6

ViaSat has demonstrated its commitment to developing technologies that make

the most efficient use of spectrum, responding to customers’ expanding needs for greater

broadband bandwidth and capacity. The VIASAT-NGSO satellite network is designed to play a

vital role in providing affordable high-data-rate communications services, and would efficiently

6
See 47 C.F.R. §§ 2.1 and 25.103. Notably, these links would involve transmissions in the
same directions (i.e., away from the Earth and toward space; from space toward the
Earth) anticipated under the Commission’s rules. To the extent the Commission
nevertheless concludes that operation of such links is not currently contemplated by its
rules, ViaSat requests a waiver to permit operation of the proposed satellite-to-satellite
links. There is good cause for such waiver as such use would be consistent with other
anticipated operations in the relevant spectrum, would facilitate more efficient use of that
spectrum, and otherwise would be consistent with the policies underlying the
Commission’s rules. See Technical Annex §§ I.A and IV.
6

employ Ka- and V-Band spectrum in doing so. As an innovative leader in the provision of

broadband communications, ViaSat intends to continue to advance satellite technology and

design to satisfy the ever-growing demand for those services.

II. DISCO II SHOWING – SECTION 25.137(A)

ViaSat is pursuing a license to operate the VIASAT-NGSO satellite network

under the authority of the government of the Netherlands.7 Attachment B hereto is a letter from

the Radiocommunications Agency Netherlands (“RA”) confirming that ViaSat is pursuing an

authorization from the RA for the NGSO satellite network that is the subject of this Petition.

Because the VIASAT-NGSO satellite network will operate under the authority of

the government of the Netherlands, the Commission’s DISCO II framework applies to this

Petition.8 The DISCO II analysis includes consideration of a number of factors, such as the

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

technical requirements, national security, law enforcement, foreign policy and trade concerns.9

Each of these factors weighs in favor of granting this Petition.

A. Effect on Competition in the United States

In DISCO II, the Commission established a rebuttable presumption that it would

further competition in the United States to allow non-U.S. satellite networks authorized by WTO

Members to provide services covered by the U.S. commitments under the WTO Basic

7
See Amendment of the Commission’s Regulatory Policies to Allow Non- U.S. Licensed
Satellites Providing Domestic and International Service in the United States, 12 FCC
Rcd 24094, at ¶ 196 (1997) (explaining that an applicant seeking U.S. market access
through a processing round need only furnish “proof that it is pursuing a license from a
foreign administration”) (“DISCO II”).
8
Id. ¶¶ 30-49.
9
See, e.g., Telesat Canada, Petition for Declaratory Ruling for Inclusion of Anik F2 on the
Permitted Space Station List, Petition for Declaratory Ruling to Serve the U.S. Market
Using Ka-band Capacity on Anik F2, 17 FCC Rcd 25287, at ¶ 6 (2002).
7

B. Spectrum Availability

In this Petition, ViaSat proposes to access the United States using portions of the

Ka and V Bands specified below in this Section II.B and in the associated Schedule S.14 The

availability of specific band segments in which ViaSat seeks market access for NGSO FSS use is

specified in: (i) the International and United States Tables of Frequency Allocations (as codified

in the International Telecommunication Union (“ITU”) Radio Regulations and Section 2.106 of

the Commission’s rules); (ii) Section 25.202(a)(1) of the Commission’s rules, which identifies

certain band segments as available for FSS use; and (iii) the applicable band plan (Ka or V)

established by the Commission.15 In any particular band segment, ViaSat would access the

United States market on a primary, secondary, or nonconforming basis based on the manner in

which these sources collectively treat NGSO FSS spectrum uses. The following table provides a

14
The main communications payload of each satellite in the VIASAT-NGSO network
would also be capable of operating in the 17.7-17.8 GHz, 20.2-21.2 GHz, 30.0-31.0 GHz,
42.0-42.5 GHz and 51.4-52.4 GHz band segments. As a general matter, this application
provides complete technical information only with respect to the frequency bands in
which ViaSat is seeking authority to serve the United States. See, e.g., Telesat Canada,
IBFS File No. SAT-PPL-200605016-00061, at 1 n.2 (filed May 16, 2006; granted Jan.
18, 2007) (disclosing the existence of Ka-Band payload on Anik F3 but not seeking
market access using the Ka-Band payload and providing only technical information
regarding the C- and Ku-Band operations); see also Establishment of Policies and Service
Rules for the Mobile Satellite Service in the 2 GHz Band, Report and Order, 15 FCC Rcd
16127, at ¶ 86 (2000) (clarifying that market access application requirements apply only
to relevant system capabilities for communications to or from the United States, and not
to system capabilities for communications wholly outside of the United States). ViaSat
would coordinate its operations both within and outside the United States with the
existing and planned operations of other operators, as appropriate.
15
See Fixed-Satellite Service in the Ka Band, Third Report and Order, 12 FCC Rcd 22310
(1997); Redesignation of the 17.7-19.7 GHz Frequency Band, Report and Order, 15 FCC
Rcd 13430 (2000); First Order on Reconsideration, 16 FCC Rcd 19808 (2001) (Ka Band
Plan); 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 (1999); 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).
9

summary of the specific band segments in which ViaSat seeks authority to serve the United

States:16

Band Segment (GHz) Description17 NGSO FSS Status in the U.S.
17.8-18.3 Ka-Band Downlinks Nonconforming (no U.S. allocation, but
international FSS allocation)
18.3-18.6 Ka-Band Downlinks Nonconforming (no U.S. allocation, but
international FSS allocation)
18.6-18.8 Ka-Band Downlinks18 Nonconforming (no U.S. allocation, but
international FSS allocation)
18.8-19.3 Ka-Band Downlinks Primary
19.7-20.2 Ka-Band Downlinks Nonconforming (Primary allocation but no
NGSO FSS designation under Ka Band Plan)
27.5-28.35 Ka-Band Uplinks Operations permissible subject to the terms of the
Spectrum Frontiers Order.
28.35-28.6 Ka-Band Uplinks Secondary (Primary allocation but secondary
designation under Ka Band Plan)
28.6-29.1 Ka-Band Uplinks Primary
29.5-30.0 Ka-Band Uplinks Secondary (Primary allocation but secondary
designation under Ka Band Plan)
37.5-40.0 V-Band Downlinks Operations permissible subject to the terms of the
Spectrum Frontiers Order.
40.0-42.0 V-Band Downlinks Primary
47.2-48.2 V-Band Uplinks Secondary (Primary allocation but secondary
designation under V Band Plan)
48.2-50.2 V-Band Uplinks Primary
50.4-51.4 V-Band Uplinks Primary allocation but not identified by Section
25.202(a)(1) or V Band Plan as available for FSS

16
TT&C would be provided from facilities outside of the United States at the edges of band
segments specified in Section I.A of the attached Technical Annex.
17
In many instances, a given band segment is currently available under existing
Commission practices to serve both “gateway-type” earth stations as well as end users; in
others, that currently is not the case. See Use of Spectrum Bands above 24 GHz for
Mobile Radio Services, 31 FCC Rcd 8014, at ¶ 69 n.166 (2016) (“Spectrum Frontiers
Order”); 47 C.F.R. § 25.202(a)(1) & n.1. ViaSat seeks market access for the VIASAT-
NGSO satellite network to the fullest extent a given band segment is permitted to be used
now or may be permitted to be used in the future, as specifically authorized for such
purpose in a grant of earth station authority or otherwise.
18
Use of this band segment would be limited to receiving downlink signals from GSO
spacecraft transmitting in this band segment.
10

Based on the status of these band segments, the core operating band segments for the VIASAT-

NGSO system in the United States would be the 18.8-19.3 GHz and 28.6-29.1 GHz band

segments of the Ka Band, and the 40.0-42.0 GHz and 48.2-50.2 GHz band segments of the V

Band. Those band segments can be used by NGSO satellite networks without any material

restrictions on the location of, type of, or interference protection afforded to, associated earth

stations. The additional band segments listed above are subject to various and varying

limitations in the United States, and would be used on an “as, when, and where available” basis

to provide important supplemental capacity when serving the United States.

Consistent with this summary, and as discussed below in greater detail, ViaSat is

requesting waivers of the United States Table of Frequency Allocations, Section 25.202(a)(1) of

the Commission’s rules, and/or the applicable band plan, as necessary to permit ViaSat to serve

the United States using spectrum in the 17.8-18.3 GHz, 18.3-18.6 GHz, 18.6-18.8 GHz,19 19.7-

20.2 GHz, and 50.4-51.4 GHz band segments.

ViaSat’s request to use the frequencies identified in the table above to access the

United States using the VIASAT-NGSO satellite network does not conflict with any satellite

network operations previously authorized by the Commission. In particular, and as discussed

below and in the Technical Annex in greater detail, ViaSat’s proposed operations: (i) would not

conflict with the previously authorized NGSO operations of O3b Limited in the 18.8-19.3 GHz

and 28.6-29.1 GHz band segments;20 (ii) would not conflict with GSO operations in the band

19
As noted above, authority is sought to use this band segment for the limited purpose of
receiving downlink signals from GSO spacecraft transmitting in this band segment.
20
See O3b Limited, IBFS File Nos. SES-LIC-20100723-00952 (granted Sept. 25, 2012);
SES-LIC-20130124-00089 (granted June 20, 2013); SES-LIC-20130528-00455 (granted
May 13, 2014); SES-LIC-20130618-00516 (granted June 24, 2015); SES-LIC-20141001-
00781 (granted June 8, 2015); SES-LIC-20141022-00809 (granted June 5, 2015); SES-
LIC-20150310-00138 (granted Sept. 30, 2015); SAT-LOI-20141029-00118 (granted Jan.
11

segments identified above; and (iii) depending on network architectures and spectrum sharing

terms, could coexist with a number of other NGSO systems operating in the Ka and V Bands.21

For these reasons, this Petition is fully consistent with the policies articulated in

the Space Station Licensing Reform Order regarding processing of applications for NGSO-like

satellite networks.22 As detailed in the following sections, this request also is consistent with

Commission spectrum policies.

1. Primary NGSO FSS Allocations/Designations

In the United States, the 18.8-19.3 GHz (downlink), 28.6-29.1 GHz (uplink),

37.5-40.0 GHz (downlink), 40.0-42.0 GHz (downlink), and 48.2-50.2 GHz (uplink) band

segments are allocated for FSS use on a primary basis, with NGSO use being specified as

primary at 18.8-19.3 GHz and 28.6-29.1 GHz. Use of these band segments for NGSO FSS

applications is also consistent with Section 25.202(a)(1) and the applicable Band Plan (Ka or V

Band, as appropriate). As demonstrated in the attached Technical Annex, the VIASAT-NGSO

satellite network would comply with applicable technical requirements in order to ensure that use

of these frequencies would be compatible with adjacent satellite systems and other authorized

services with equal or higher priority.23

2. Secondary NGSO FSS Allocations/Designations

a. 27.5-28.35 GHz

The 27.5-28.35 GHz band is allocated to the FSS and fixed and mobile terrestrial

services on a co-primary basis, and use by the FSS on a going-forward basis is subject to the

22, 2015), each as amended and/or modified.
21
See Technical Annex § IV.A & B.
22
See Space Station Licensing Reform Order ¶¶ 23 et seq.
23
See Technical Annex § IV.
12

VIASAT-NGSO satellite network would be compatible with GSO FSS operations in this band

segment.28 In any event, ViaSat would operate in this band segment in the United States in a

manner consistent with the obligations of a secondary user of spectrum to avoid harmful

interference into, and to accept any interference received from, primary users. Notably, the

Commission has previously permitted NGSO networks to use this band segment under similar

circumstances29 and should do the same here.

d. 47.2-48.2 GHz

The 47.2-48.2 GHz band segment is allocated to the FSS and fixed and mobile

terrestrial uses on a co-primary basis. However, under the V Band Plan the 47.2-48.2 GHz band

is designated for terrestrial wireless uses on a primary basis, with FSS uses secondary. As

demonstrated in the attached Technical Annex, the VIASAT-NGSO satellite network would be

compatible with terrestrial wireless operations in this band segment.30 In any event, absent any

change in the United States Table of Frequency Allocations and the V Band Plan,31 ViaSat

would operate in this band segment in the United States in a manner consistent with the

obligations of a secondary user of spectrum to avoid harmful interference into, and to accept any

interference received from, primary users. Notably, the Commission has previously permitted

NGSO networks to use this band segment under similar circumstances32 and should do the same

here.

28
See Technical Annex § IV.A.
29
See Northrop Grumman Space & Mission Systems Corp., 24 FCC Rcd 2330 (2009).
30
See Technical Annex § IV.C.4.
31
See, e.g., Comments of ViaSat, Inc., GN Docket No. 14-177 (Sept. 30, 2016).
32
See Northrop Grumman Space & Mission Systems Corp., 24 FCC Rcd 2330 (2009).
14

3. Waiver Requests for Nonconforming Spectrum Use

As noted above, ViaSat is requesting waivers of the United States Table of

Frequency Allocations, Section 25.202(a)(1) of the Commission’s rules, and/or the applicable

Commission band plan, as necessary to permit ViaSat to serve the United States using spectrum

in the 17.8-18.3 GHz, 18.3-18.6 GHz, 18.6-18.8 GHz,33 19.7-20.2 GHz, and 50.4-51.4 GHz band

segments. As explained more fully below, grant of the requested waivers would facilitate more

intensive and efficient use of spectrum without posing a risk of harmful interference to other

operators.34

a. 17.8-18.3 GHz

The International Table of Frequency Allocations allocates the 17.8-18.3 GHz

band for use by the FSS in Region 2, which includes the United States. Similarly, the United

States Table of Frequency Allocations allocates the 17.8-18.3 GHz band for FSS operations by

Federal users. However, there is no non-Federal allocation for the FSS in the United States

Table of Frequency Allocations in this band segment, which is allocated to the Fixed Service

(“FS”) on a primary basis. In addition, neither Section 25.202(a)(1) nor the Ka Band Plan

identifies the 17.8-18.3 GHz band segment as one available for FSS use. ViaSat therefore

requests waivers of Sections 2.106 and 25.202(a)(1), and the Ka Band Plan, as necessary to

permit ViaSat to operate its downlinks in this band segment on a nonconforming basis. As

demonstrated in the attached Technical Annex, ViaSat’s proposed operations in the United States

33
As noted above, authority is sought to use this band segment for the limited purpose of
receiving downlink signals from GSO spacecraft transmitting in this band segment.
34
47 C.F.R. § 1.3. See also WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969)
(waiver is appropriate when grant “would better serve the public interest than strict
adherence to the general rule”); Fugro-Chance, Inc., 10 FCC Rcd 2860, at ¶ 2 (1995)
(waiver of the U.S. Table of Allocations is appropriate “when there is little potential for
interference into any service authorized under the Table of Frequency Allocations and
when the non-conforming operator accepts any interference from authorized services”).
15

would be compatible with FS uses of the band segment, and ViaSat would coordinate with

Federal FSS uses as appropriate.35 Among other things, ViaSat would comply with all

applicable Commission and ITU downlink power flux density limits.36

In any event, ViaSat would operate in this band segment in the United States in a

manner consistent with the obligations of a nonconforming user of spectrum to avoid harmful

interference into, and to accept any interference received from, both primary and secondary

users. There is good cause for the requested waiver, which would facilitate productive use of the

band segment without increasing the potential for harmful interference or foreclosing use of the

band segment by other operators. Notably, the Commission has previously granted waivers to

facilitate NGSO operations in the 17.8-18.3 GHz band segment in analogous circumstances37 and

should do the same here.

b. 18.3-18.6 GHz and 18.6-18.8 GHz

In the United States, the 18.3-18.6 GHz and 18.6-18.8 GHz band segments are

allocated to the FSS on a primary basis, although such use is limited to GSO FSS downlinks by

footnote NG164.38 Similarly, the Ka Band Plan contains a designation only for GSO FSS use of

these band segments. ViaSat therefore requests waivers of Sections 2.106 and the Ka Band Plan

as necessary to permit ViaSat to operate its NGSO downlinks in the 18.3-18.6 GHz band

segment, and to use the 18.6-18.8 GHz band segment for the limited purpose of receiving

downlink signals from GSO spacecraft transmitting in this band segment, on a nonconforming

35
See Technical Annex § IV.C.1 & D.
36
Id at § IV.C.1.
37
See, e.g., O3b Limited, IBFS File No. SES-LIC-20100723-00952, Call Sign E100088
(granted Sept. 25, 2012); Letter from FCC to O3b Limited, 31 FCC Rcd 342 (2016).
38
47 C.F.R. § 2.106 n.NG164.
16

basis. As demonstrated in the attached Technical Annex, ViaSat’s proposed operations in the

United States would be compatible with GSO FSS use of these band segments.39

In any event, ViaSat would operate in these band segments in the United States in

a manner consistent with the obligations of a nonconforming user of spectrum to avoid harmful

interference into, and to accept any interference received from, both primary and secondary

users. There is good cause for the requested waiver, which would facilitate productive use of

these band segments without increasing the potential for harmful interference or foreclosing use

of these band segments by other operators. Notably, the Commission has previously permitted

NGSO networks to use FSS spectrum designated for GSO use on a nonconforming basis40 and

should do the same here.

c. 19.7-20.2 GHz

The 19.7-20.2 GHz band segment is allocated to the FSS on a primary basis.

Under the Ka Band Plan, the 19.7-20.2 GHz band segment is designated for primary use by GSO

FSS operations, with no secondary designation for NGSO FSS operations. ViaSat therefore

requests a waiver of the Ka Band Plan to permit ViaSat to operate its downlinks in this band

segment on a nonconforming basis. As demonstrated in the attached Technical Annex, ViaSat’s

proposed operations in the United States would be compatible with GSO FSS use of the band

segment.41

In any event, ViaSat would operate in this band segment in the United States in a

manner consistent with the obligations of a nonconforming user of spectrum to avoid harmful

interference into, and to accept any interference received from, both primary and secondary

39
See Technical Annex § IV.A.
40
See Northrop Grumman Space & Mission Systems Corp., 24 FCC Rcd 2330 (2009).
41
See Technical Annex § IV.A.
17

users. There is good cause for the requested waiver, which would facilitate productive use of the

band segment without increasing the potential for harmful interference or foreclosing use of the

band segment by other operators. Notably, the Commission has previously permitted NGSO

networks to use FSS spectrum designated for GSO use on a nonconforming basis42 and should

do the same here.

d. 50.4-51.4 GHz

In the United States, the 50.4-51.4 GHz band segment is allocated for fixed and

mobile terrestrial use, as well as fixed and mobile satellite uplinks, on a co-primary basis.

However, no service rules exist for the FSS in this band segment, and Section 25.202(a)(1) does

not identify this band segment as one available for FSS use. Moreover, the V Band Plan

designates the 50.4-51.4 GHz band segment for terrestrial wireless services only. ViaSat

therefore requests waivers of Section 25.202(a)(1) and the V Band Plan as necessary to permit

ViaSat to operate its uplinks in this band segment on a nonconforming basis. As demonstrated in

the attached Technical Annex, ViaSat’s proposed operations in the United States would be

compatible with terrestrial wireless use of this band segment.43

In any event, absent any change in the United States Table of Frequency

Allocations and the V Band Plan,44 ViaSat would operate in this band segment in the United

States in a manner consistent with the obligations of a nonconforming user of spectrum to avoid

harmful interference into, and to accept any interference received from, both primary and

secondary users. There is good cause for the requested waiver, which would facilitate productive

42
See Northrop Grumman Space & Mission Systems Corp., 24 FCC Rcd 2330 (2009).
43
See Technical Annex § IV.C.4.
44
See Petition for Rulemaking of The Boeing Company, RM-11773 (June 22, 2016);
Comments of ViaSat, Inc., GN Docket No. 14-177 (Sept. 30, 2016).
18

use of the band segment without increasing the potential for harmful interference or foreclosing

use of the band segment by other operators.

C. National Security, Law Enforcement, and Public Safety Matters

Grant of this Petition is consistent with U.S. national security, law enforcement,

and public safety considerations. The satellite’s authorization from the Netherlands will be held

by ViaSat Netherlands B.V., a wholly owned subsidiary of ViaSat. As noted above, ViaSat has a

long history of providing satellite communication service to U.S. government and military users.

III. LEGAL AND TECHNICAL INFORMATION – SECTION 25.137(B)

A. Legal Qualifications

ViaSat’s legal qualifications are set forth in this Petition and in the attached Form

312. Specifically, the Petition and attached Form 312 demonstrate ViaSat’s satisfaction of the

applicable requirements for space station applicants set forth in Section 25.114 of the

Commission’s rules.45 As noted above, ViaSat holds several Commission licenses, and its legal

qualifications are a matter of record before the Commission.

B. Technical Qualifications

The attached Form 312, Schedule S, and Technical Annex (which includes a safe

flight and orbital debris mitigation showing) provide the required Part 25 technical information.

C. Safe Flight and Orbital Debris Mitigation

Section 25.137 of the Commission’s rules requires market access applicants to

provide a safe flight and orbital debris mitigation showing.46 In the case of applications seeking

U.S. market access via non-U.S.-licensed space stations, the Commission has concluded that this

requirement can be satisfied by showing that the satellite system’s debris mitigation plans are

45
See 47 C.F.R. § 25.114.
46
See id. §§ 25.114(d)(14), 25.137(b).
19

subject to direct and effective regulatory oversight by the satellite system’s national licensing

authority.47 The Commission has determined that this showing can be made by referencing an

English language version of the debris mitigation rules or regulations of the national licensing

authority and indicating the current status of the national licensing authority’s review of its

debris mitigation plans.48

As discussed above, ViaSat is pursuing a license to operate the VIASAT-NGSO

satellite network under the authority of the government of the Netherlands. Notably, the

Netherlands’ Space Activities Act49 provides that a license application will be refused where it

does not sufficiently ensure safety, protect the environment in outer space, and satisfy related

international obligations.50 Accordingly, as part of the licensing process, ViaSat will submit to

the Netherlands information similar to that set forth in Section I.B of the attached Technical

Annex, which describes ViaSat’s plan for safe flight as well as ViaSat’s strategy for mitigating

orbital debris. ViaSat expects that the Netherlands, consistent with its past practice, will evaluate

47
Mitigation of Orbital Debris, Second Report and Order, 19 FCC Rcd 11567, at ¶¶ 94, 95
(2004) (“Orbital Debris Second Report and Order”).
48
Id. at ¶ 95; Globalstar Licensee LLC, GUSA Licensee LLC, GCL Licensee LLC, Order,
26 FCC Rcd 3948, at ¶¶ 30-32 (2011) (concluding that French Space Operations law and
technical regulations provide for direct and effective regulation of debris mitigation
measures by France, resulting in a finding that Globalstar provided adequate orbital
debris mitigation showing); O3b Limited, IBFS File No. SES-LIC-20100723-00952, Call
Sign E100088, Condition 90045 (granted Sept. 25, 2012) (determining that O3b’s request
for a waiver of Section 25.283(c) for unvented pressure vessels was unnecessary, finding
that O3b is subject to direct and effective regulation by the United Kingdom concerning
orbital debris mitigation); see also ViaSat, Inc., IBFS File No. SAT-MOD-20141105-
00121, Condition 4 (granted Apr. 15, 2015).
49
See United Nations Office for Outer Space Affairs, Selected Examples of National Laws
Governing Space Activities: Netherlands (translation of Netherlands Space Activities Act
of June 13, 2006), available at
http://www.unoosa.org/oosa/en/ourwork/spacelaw/nationalspacelaw/netherlands/space_a
ctivities_actE.html.
50
Id. § 6.
20

this information with reference to: (i) the Space Debris Mitigation Guidelines of the United

Nations Committee on the Peaceful Uses of Outer Space; (ii) the Space Debris Mitigation

Guidelines of the Inter-Agency Space Debris Coordination Committee; (iii) ITU

Recommendation ITU-R S.1003; (iv) the European Code of Conduct for Space Debris

Mitigation; and (v) applicable ISO Standards. ViaSat submits that the requirements of Sections

25.114(d)(14) and 25.283(c) are therefore satisfied. Should the Commission nevertheless choose

to conduct an independent review of ViaSat’s safe flight and orbital debris mitigation plans,

pertinent information is set forth in Section I.B of the attached Technical Annex.

IV. ADDITIONAL REQUIREMENTS – SECTION 25.137(D)

A. Milestones and Bond Requirement

ViaSat plans to implement the VIASAT-NGSO satellite network in compliance

with the Commission’s current milestone and surety bond requirements.51

B. Reporting Requirements

ViaSat would comply with all applicable Commission reporting requirements for

the VIASAT-NGSO satellite network if this Petition is granted.

C. Spectrum Usage

ViaSat does not currently have any other Commission application for a NGSO-

like satellite system license or market access authorization, or any Commission license or

authorization for a granted but unbuilt NGSO-like system in the frequency bands covered by this

Petition.52

51
See 47 C.F.R. §§ 25.164 and 25.165; see also Part 25 Reform Order.
52
See 47 C.F.R. §§ 25.137(d)(5), 25.159(b).
21

D. Ownership Information

ViaSat is a Delaware corporation and a publicly traded company headquartered at

6155 El Camino Real, Carlsbad, California 92009. As a publicly traded company, the stock of

ViaSat is widely held. Based on SEC filings publicly available as of November 11, 2016, the

following entities and their affiliates beneficially own 10 percent or more of ViaSat’s voting

stock:

Beneficial Owner Citizenship Voting Percentage
The Baupost Group, L.L.C. Massachusetts 23.4%
10 St. James Avenue
Suite 1700
Boston, MA 02116
FPR Partners LLC Delaware 12.0%
199 Fremont Street
Suite 2500
San Francisco, CA 94105

No other stockholders are known by ViaSat to hold 10 percent or more of ViaSat’s voting stock.

The following are the officers and directors of ViaSat, all of whom can be reached

c/o ViaSat, Inc., 6155 El Camino Real, Carlsbad, CA 92009.

Directors

Mark D. Dankberg, Chairman, CEO
Richard A. Baldridge
Frank J. Biondi Jr.
Dr. Robert W. Johnson
B. Allen Lay
Dr. Jeffrey M. Nash
John P. Stenbit
Harvey P. White

22

Officers/Senior Management

Mark D. Dankberg, Chairman, CEO
Richard A. Baldridge, President, COO
Melinda Del Toro, Senior VP, People & Culture
Bruce Dirks, Senior VP, Treasury & Corporate Development
Shawn Duffy, Senior VP, CFO, CAO
Kevin Harkenrider, Senior VP – Commercial Networks
Keven K. Lippert, Executive VP, General Counsel, Secretary
Mark J. Miller, Executive VP and Chief Technical Officer
Ken Peterman, Senior VP – Government Systems
Douglas Abts, VP Strategy Development, Satellite Services
Robert Blair, VP, Deputy General Counsel

V. REQUEST FOR WAIVERS

In addition to the waivers of the United States Table of Frequency Allocations,

Section 25.202(a), and applicable Ka and V Band Plans discussed above, ViaSat requests

waivers of the following Commission rules and policies.

A. Partial Waiver of Application Acceptance Standard

In recent years, the Commission has processed space station applications under a

rigorous standard that requires them to be substantially complete when filed.53 Under this

standard, applications may be dismissed if a material element of the application is missing or

defective. Although ViaSat understands the Commission’s basis for applying this standard, it

can have draconian implications where a space station application is complex—e.g., where it

involves multiple frequency band segments that are subject to many different and differing

requirements. Should the Commission determine that any portion of this application does not

satisfy its requirements, ViaSat requests that the Commission limit any consequent action it takes

to the particularly frequency band segment(s) and proposed use(s) at issue, and requests a partial

waiver of Section 25.112 to the extent necessary to effect this result. Under this approach, the

53
See 47 C.F.R. § 25.112.
23

Commission would continue to consider the remainder of the application without prejudice.54

There is good cause for the requested waiver in that it would avoid unduly harsh results

(particularly given that this application is being filed as part of two processing rounds) and

would conserve limited Commission resources by allowing any concerns to be addressed on a

band-specific basis.

B. Waiver of Section 25.156(d)(5)

Section 25.156(d)(5) of the Commission’s rules provides that where the

Commission has not yet adopted band-specific satellite service rules, the Commission will not

consider an application seeking authority to operate a NGSO-like satellite network after it has

granted an application for GSO-like operations in the same band unless and until the

Commission establishes NGSO/GSO sharing criteria for that frequency band segment.55 The

Commission has not yet adopted band-specific satellite service rules for the 17.8-18.3 GHz,

27.5-28.35 GHz, 37.5-42.0 GHz, 47.2-50.2 GHz, or 50.4-51.4 GHz band segments.56 However,

54
See V-Band Processing Round PN at 1 (deferring consideration of request for authority to
operate in certain band segments while placing remainder of application on public
notice).
55
47 C.F.R. § 25.156(d)(5). In adopting this provision, the Commission was clear that
“priority” under this rule is determined by which type of application (GSO-like or
NGSO-like) is filed first:
“[I]f a GSO-like satellite system application is filed first, we will consider other GSO-like
satellite system applications in the order they are filed, and we will dismiss subsequently-
filed NGSO-like satellite system applications in that band until sharing criteria are
established. This is consistent with our current practice. For example, in the Ku-band,
we initially considered only GSO satellite applications because the first applications for
licenses in that band were for GSO systems. We did not begin considering Ku-band
NGSO applications until we had established sharing criteria for compatible services with
GSO applicants in that band.” Space Station Licensing Reform Order ¶ 58. The
Commission treated previously filed GSO-like and NGSO-like applications in the V
Band as having been filed at the same time. See id. ¶ 279.
56
The service rules regarding earth station operations in the 27.5-28.35 GHz and 37.5-40.0
GHz band segments address coexistence with terrestrial uses of this spectrum, not the
24

the Commission has granted applications for GSO-like operations,57 as well as NGSO-like

operations,58 in all or part of these band segments other than 50.4-51.4 GHz. The applications

for previously authorized GSO and NGSO59 systems demonstrate the ability of both types of

satellite systems to coexist in these band segments even in the absence of formal sharing criteria

adopted by the Commission. And, as demonstrated in the attached Technical Annex, the

VIASAT-NGSO network is fully compatible with subsequently granted GSO systems and will

not preclude additional entry by GSO applicants in any of the 17.8-18.6 GHz, 18.6-18.8 GHz,

18.8-19.3 GHz, 19.7-20.2 GHz, 27.5-29.1 GHz, 29.5-30 GHz, 37.5-42.0 GHz, 47.2-50.2, or

50.4-51.4 GHz band segments.60 ViaSat does not believe that Section 25.156(d)(5) was intended

to foreclose NGSO use of such band segments, or preclude future GSO applications in such band

segments, under these circumstances. However, out of an abundance of caution ViaSat requests

a waiver of Section 25.156(d)(5) to the extent necessary, and a clarification by the Commission

to this effect, as appropriate.

C. Waiver of Section 25.210(i) and Section 25.217(b)(1)

Section 25.210(i) specifies certain cross-polarization isolation requirements for

space station antennas operating in the 17/24 GHz Broadcasting Satellite Service.61 Until

recently, that section also specified similar requirements for the FSS. However, in the Part 25

operation of spacecraft. Section 25.145 addresses NGSO FSS licensing in the 18.3-20.2
GHz and 28.35-30.0 GHz band segments. See 47 C.F.R. § 25.145.
57
See, e.g., Inmarsat Mobile Networks, Inc., Order and Authorization and Declaratory
Ruling, 30 FCC Rcd 2770, at ¶ 25 (2015); see also Northrop Grumman Order.
58
See, e.g., O3b Limited, IBFS File Nos. SES-LIC-20100723-00952 (granted Sept. 25,
2012); see also Northrop Grumman Order.
59
See n.57 & n.58, supra.
60
Technical Annex § IV.A.
61
47 C.F.R. § 25.210(i).
25

Reform Order the Commission eliminated such requirements after concluding that they were

“unnecessary to protect analog signals” in the FSS bands.62 The Schedule S software does not

allow the entry of cross-polarization isolation information for an FSS system. Nevertheless, the

Commission’s “default” service rules continue to cross-reference Section 25.210(i) with respect

to all band segments for which no specific service rules have been adopted and “notwithstanding

the frequency bands specified” in that Section 25.210(i).63 Although ViaSat believes that

Section 25.210(i) is inapplicable because it applies by its current terms only to the 17/24 GHz

Broadcasting Satellite Service (which is a distinct service from the FSS), and because of the

decision in the Part 25 Reform Order, ViaSat requests waivers of Sections 25.217(b)(1) and

25.210(i) to the extent necessary to render that section inapplicable to the VIASAT-NGSO

satellite network. There is good cause for such waiver given the Commission’s conclusion, in

the Part 25 Reform Order, that application of its cross-polarization isolation requirements is no

longer appropriate in the FSS context.

VI. SCHEDULE S MATTERS

The Instructions to Schedule S direct applicants to provide certain orbital plane

information, including the “begin” and “end” angles of the active service arc for each such

plane.64 In certain cases (i.e., satellites in polar orbits or with orbits inclined between 0 and 180

degrees), the Instructions seemingly direct applicants to enter negative values for one or both of

these angles.65 However, the Commission’s online Schedule S interface does not allow entry of

62
Part 25 Reform Order ¶ 333.
63
See 47 C.F.R. 25.217(b)(1) (cross-referencing 47 C.F.R. § 25.210(i)).
64
See Specific Instructions for Schedule S (Apr. 2016), at 4, available at
https://enterpriseefiling.fcc.gov/schedules//resources/Instructions%20for%20Schedule%2
0S%20vApr2016.pdf (“Instructions to Schedule S”).
65
Id.
26

negative values in this fashion. ViaSat therefore has entered “0” for “begin” angles and “360”

for “end” angles, to indicate that the satellites would be active during the entirety of their

orbits.66

The Instructions to Schedule S also direct applicants to specify whether each

communications channel would be used by the satellite network being described for feeder link,

service link, or TT&C purposes (using a drop-down list that limits responses to those three

options alone).67 As discussed above, Section 25.103 of the Commission’s rules defines “feeder

links” to exclude radio links for the FSS.68 Because ViaSat seeks authority to provide FSS, none

of the channels to be used by the VIASAT-NGSO satellite network is properly characterized as a

“feeder link,” and ViaSat has designated its frequency channels as being for “service links”

regardless on the nature of the associated earth station that may be authorized to communicate

over that channel.69 The VIASAT-NGSO design allows all service link channels to be used to

communicate with “gateway-type” earth stations as well as earth stations for end users. ViaSat

acknowledges that, in many instances, a given band segment for which market access is sought

currently is available under existing Commission practices to serve both “gateway-type” earth

stations as well as end users; in others, that currently is not the case.70 Similarly, the

Commission’s online Schedule S interface does not allow entry of an answer to the “polarization

switchable” data field for the specified transmitting and receiving beams. The beams specified

in Schedule S are not polarization switchable.

66
See Technical Annex § V.
67
Instructions to Schedule S at 8, 12.
68
See 47 C.F.R. § 25.103.
69
See Technical Annex § V.
70
See n.17, supra.
27

In addition, ViaSat has been unable to enter into the Schedule S information with

respect to its proposed satellite-to-satellite links (i.e., the MEO-to-GSO payload) due to

limitations in the Commission’s Schedule S interface. Moreover, beam files for the RG1B,

RG2B, TG1B, and TG2B beams on the MEO-to-GSO payload are not able to be generated in the

GXT/GIMS format because that software produces beams that fall on the Earth’s surface, and

does not allow the generation of beams directed toward GSO spacecraft. In this case, the MEO-

to-GSO beams always point into space—toward a designated GSO spacecraft when the intended

satellite is in view and communications with that GSO satellite are occurring.

To provide the analog of the data provided by GXT beam files that are used for

interference analyses, ViaSat has explained in the Technical Annex that it will use antenna and

transmitting facilities on the MEO-to-GSO payload that are compliant with the Section 25.138

off-axis equivalent isotropically radiated power (“EIRP”) density mask.71 By complying with

the off-axis EIRP density mask and by also ensuring that the 3-sigma antenna pointing error is

less than 0.2 degrees, compatibility with the two-degree spacing environment in the GSO arc is

ensured, much in the same way that it is for GSO operations more generally. Thus, ViaSat

submits that the provided information about each MEO-to-GSO antenna beam’s compliance with

Section 25.138 of the Commission’s rules, and the intention to communicate with spacecraft on

the GSO arc at various longitudes, is a suitable substitute for beam data otherwise provided in

GXT/GIMS format.

For these reasons, ViaSat is providing in narrative format in the Technical Annex

all material information specified in Section 25.114 with respect to the proposed MEO-to-GSO

71
See 47 C.F.R. § 25.138.
28

payload. ViaSat also is prepared to submit this type of data through the Schedule S form based

on instructions from the FCC staff.

To the extent necessary, ViaSat requests a waiver of the Instructions to Schedule

S to accommodate the approach to providing the Schedule S data discussed above. There is

good cause for such waiver as: (i) any departure from the Instructions is due to limitations

imposed by the structure of Schedule S and/or the Commission’s online interface; (ii) the

Commission and other interested parties have full access to accurate information with respect to

the propose VIASAT-NGSO satellite network.

VII. PROCESSING OF THIS PETITION

As discussed above, the VIASAT-NGSO satellite network would provide service

in both the Ka Band and the V Band. The Commission has explained that it favors applications

for “hybrid” networks of this type and “tr[ies] to encourage deployment of hybrid satellites

because there are cost benefits in implementing several service bands on a single space

platform.”72 That certainly is the case with the proposed VIASAT-NGSO satellite network.

Almost all of the band segments covered by this Petition are the subject of one of

two recent cut-off notices.73 The remaining band segments covered by this Petition —the 18.6-

18.8 GHz and 19.7-20.2 GHz band segments—are not covered by any existing cut-off notice.

Although the Commission has not expressly addressed what procedures it will use where a single

application covers band segments that are the subject of multiple processing rounds, ViaSat

believes it would be appropriate for the Commission to simultaneously consider the entirety of

72
Space Station Licensing Reform Order ¶ 146.
73
See n.3, supra.
29

its application.74 Among other things, this approach would be consistent with the Commission’s

stated policy of simultaneously considering all service bands covered by applications for

authority to operate GSO-like networks.75 Accordingly, ViaSat requests that the Commission

consider simultaneously the requests for all of the spectrum band segments contained in this

Petition.76

VIII. WAIVER PURSUANT TO SECTION 304 OF THE COMMUNICATIONS ACT

In accordance with Section 304 of the Communications Act of 1934, as amended,

ViaSat hereby waives any claim to the use of any particular frequency or of the electromagnetic

74
ViaSat submits that this is not a case governed by either Section 25.156(d)(3) or Section
25.156(d)(4). Section 25.156(d)(3) provides that where an application seeks GSO-like
and NGSO-like service-link authority in different bands, the GSO-like service band
request will be considered under the first-come procedures of Section 25.157, and the
NGSO-like service band request will be considered under modified processing round
procedures of Section 25.158. See 47 C.F.R. § 25.156(d)(3); 47 C.F.R. §§ 25.157 and
25.158. Section 25.156(d)(4) provides that the Commission will review requests for
feeder-link spectrum or inter-satellite link spectrum for a satellite network in a given
band separately from a request for service-link spectrum for that network in a different
band. See 47 C.F.R. § 25.156(d)(4); Space Station Licensing Reform Order ¶¶ 125 et
seq. In this case, ViaSat is seeking to use specified Ka-Band and V-Band frequency
segments for the same purposes—FSS radio links—under the same system architecture.
Moreover: (i) none of ViaSat’s proposed operations can be characterized as “feeder
links,” as defined by the Commission, see 47 C.F.R. § 25.103 (excluding
communications in support of the FSS from the definition of “Feeder Link”); and (ii) the
proposed satellite-to-satellite links would communicate with spacecraft outside the
VIASAT-NGSO network, and thus are not the intra-system, inter-satellite links the
Commission identified in adopting Section 25.156(d)(4), which are described as links “by
which satellites in a constellation may communicate with each other.” Space Station
Licensing Reform Order ¶ 125.
75
Space Station Licensing Reform Order ¶ 147 (explaining that the Commission “will
consider together both frequency band requests in a hybrid satellite application for
purposes of the first-come, first-served procedure”).
76
To the extent the Commission concludes that ViaSat’s proposed satellite-to-satellite links
are not compatible with the operations of the other NGSO networks subject to the Ka-
Band Processing Round PN, ViaSat’s proposed spectrum use should be considered a
“competing” application and simultaneously considered under Section 25.157’s modified
processing round procedures.
30

spectrum as against the regulatory power of the United States because of the previous use of the

same, whether by license or otherwise.

IX. CONCLUSION

For the foregoing reasons, granting ViaSat’s Petition seeking to access the United

States using the VIASAT-NGSO satellite network would serve the public interest, convenience,

and necessity. ViaSat respectfully requests that the Commission promptly grant this Petition.

Respectfully submitted,

/s/ John P. Janka .
Christopher J. Murphy John P. Janka
Daryl T. Hunter Elizabeth R. Park
Christopher Hofer Jarrett S. Taubman
VIASAT, INC. LATHAM & WATKINS LLP
6155 El Camino Real 555 Eleventh Street, NW
Carlsbad, CA 92009-1699 Washington, DC 20004
(202) 637-2200

Counsel for ViaSat, Inc.

November 15, 2016

31

Document Created: 2016-11-15 20:50:19
Document Modified: 2016-11-15 20:50:19

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