Consolidated Reply r

REPLY submitted by Hughes Network Systems, LLC

Consolidated Reply

2018-12-28

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

IBFS_SATPDR2016111500120_1596083

                                     Before the
                       FEDERAL COMMUNICATIONS COMMISSION
                                Washington, DC 20554


In the Matter of                                )
                                                )
Viasat, Inc.                                    ) File Nos. SAT-PDR-20161115-00120 &
                                                )           SAT-APL-20180927-00076
Petition for Declaratory Ruling Granting Access )
to the U.S. Market for the Viasat NGSO FSS      ) Call Sign S2985
System                                          )



                                    CONSOLIDATED REPLY

         Pursuant to 47 C.F.R. § 25.154(d), Hughes Network Systems, LLC (“Hughes”) submits

this consolidated reply to filings from Viasat, Inc. (“Viasat”) and Space Exploration

Technologies Corp. (“SpaceX”) regarding Viasat’s above-captioned U.S. market access petition,

as amended (“Petition”), for a non-geostationary orbit (“NGSO”) fixed satellite service (“FSS”)

system. 1 Both Viasat and SpaceX fail to demonstrate that Viasat’s September 27 amendment

(“Amendment”) qualifies as a minor amendment under 47 C.F.R. § 25.116(b)(1) or is otherwise

eligible for consideration in the ongoing Ku/Ka-band NGSO processing round under 47 C.F.R. §

25.116(c)(1)-(4). Accordingly, the Commission should dismiss the Petition from consideration

in the current processing round or defer consideration until commencement of a new processing

round.

         As a threshold matter, Viasat’s proposed use of an additional orbital plane, on its face,

results in either a change in orbital locations or an increase in interference potential, thus



1
 See Viasat, Opposition to Petition to Dismiss or Defer and Reply Comments, File Nos. SAT-PDR-
20161115-00120 & SAT-APL-20180927-00076 (Dec. 18, 2018) (“Viasat Opposition”); SpaceX,
Comments, File No. SAT-APL-20180927-00076 (Dec. 3, 2018) (“SpaceX Comments”).


qualifying as a major amendment under 47 C.F.R. § 25.116(b)(1). Contrary to Viasat’s claim, 2

Section 25.116(b)(1)’s reference to “changes … [in] orbital locations” is not inherently limited to

GSO satellites, but rather applies to NGSO and GSO satellites alike. Indeed, nothing in the Part

25 rules suggests that a change in orbital planes is somehow excluded from Section

25.116(b)(1)’s reference to “changes … [in] orbital locations.”

              Moreover, although the Commission has found that certain changes in orbital

configurations may occur without any increase in interference potential, 3 it has not found that an

increase in orbital planes, as Viasat proposes, categorically qualifies as such a change with no

increase in interference potential. The Commission previously found that Orbcomm’s proposed

changes in orbital parameters, consisting of an increase in orbital altitude and an increase in

orbital inclination, will have no impact on the amount of spectrum shared with other NGSO

systems and further will reduce power flux density (“PFD”) levels, thus decreasing the potential

for interference to other systems. 4 Contrary to Viasat’s and SpaceX’s contention, 5 however,

Viasat’s Amendment is not limited to such benign changes in orbital parameters. Rather,

Viasat’s Amendment seeks a number of technical changes, notably including an additional

orbital plane, which the Commission to date has not found to be a minor change.

              Additionally, although Viasat’s revised equivalent PFD (“EPFD”) calculations suggest

compliance with applicable EPFD limits, they do not demonstrate that PFD and EPFD levels will




2
    See Viasat Opposition at 5-6.
3
 See, e.g., Orbital Communications Corporation, Order and Authorization, 13 FCC Rcd 10828, ¶ 24 (IB
1998) (“Orbcomm”).
4
    See id.
5
    See Viasat Opposition at 6-7; SpaceX Comments at 4.

                                                     2


remain the same or decrease as a result of the proposed changes. 6 In fact, Viasat’s revised

calculations show increases in both downlink and uplink EPFD levels. 7 The calculations further

fail to show that the proposed changes will have no impact on the amount of spectrum shared

with other NGSO systems. 8 Thus, Viasat’s proposed changes are distinguishable from those

found to be minor in prior Commission decisions.9

              Furthermore, contrary to its claim, 10 Viasat’s amended NGSO FSS proposal will directly

impact Hughes’ authorized Ka- and V-band GSO operations, particularly with respect to Viasat’s

proposed inter-satellite links (“ISLs”). 11 As Viasat is well aware, Hughes has strenuously, and

repeatedly, voiced serious concerns regarding potential interference from Viasat’s proposed ISLs

to Hughes’ GSO satellites, and these concerns remain unresolved to date. 12




6
 See Viasat, Amendment, File No. SAT-APL-20180927-00076, Exh. A (Description), at 7-14 (Sept. 27,
2018).
7
    See id.
8
 Viasat also reiterates the argument that its proposed reduction in number of active satellites reduces the
potential for in-line events with other NGSO systems, but again offers no interference analysis or
meaningful technical support, and further remains silent as to whether its proposed increase in orbital
planes reduces the potential for in-line events. See Viasat Opposition at 7.
9
    See, e.g., Orbcomm ¶ 24.
10
     See Viasat Opposition at 4.
11
  See, e.g., Hughes, Stamp Grant, IBFS File Nos. SAT-LOA-20170621-00092 & SAT-AMD-20170908-
00128 (Mar. 20, 2018).
12
  See, e.g., Letter from Jennifer A. Manner & Brennan T. Price, Hughes, to Marlene H. Dortch,
Secretary, FCC, File Nos. SAT-PDR-20161115-00120 & SAT-APL-20180927-00076 (Oct. 11, 2018).

                                                     3


         Accordingly, Viasat’s Amendment should be deemed a major amendment and thus newly

filed outside of the ongoing Ku/Ka-band NGSO processing round. The Commission therefore

should dismiss the Petition or defer consideration until commencement of a new processing

round.

                                           Respectfully submitted,
                                           HUGHES NETWORK SYSTEMS, LLC


                                            /s/ Jennifer A. Manner
                                           Jennifer A. Manner
                                             Senior Vice President, Regulatory Affairs
                                           Fernando Carrillo
                                             Senior Principal Engineer, Regulatory Affairs
                                           Jodi Goldberg
                                             Associate Corporate Counsel, Regulatory Affairs
                                           11717 Exploration Lane
December 28, 2018                          Germantown, MD 20876




                                              4


                                 CERTIFICATE OF SERVICE


       I, Karla E. Huffstickler, hereby certify under penalty of perjury that the foregoing

Consolidated Reply was served on December 28, 2018, by depositing a true copy thereof with

the United States Postal Service, first class postage pre-paid, addressed to the following:



 Daryl T. Hunter                                    John P. Janka
 Viasat, Inc.                                       Latham & Watkins LLP
 6155 El Camino Real                                555 Eleventh Street, NW, Suite 1000
 Carlsbad, CA 92009                                 Washington, DC 20004
                                                    Counsel to ViaSat, Inc.

 Tim Hughes                                         William M. Wiltshire
 Patricia Cooper                                    Paul Caritj
 Space Exploration Technologies Corp.               Harris, Wiltshire & Grannis LLP
 1155 F Street, NW                                  1919 M Street, NW
 Suite 475                                          Suite 800
 Washington, DC 20004                               Washington, DC 20036
                                                    Counsel to SpaceX



                                                    /s/ Karla E. Huffstickler
                                                    Karla E. Huffstickler



Document Created: 2018-12-28 15:27:01
Document Modified: 2018-12-28 15:27:01

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