Attachment ex parte

ex parte

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Boeing

ex parte

2005-04-06

This document pretains to SAT-STA-20050325-00076 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005032500076_427713

EX PARTE OR LATE FILED STEPTOE &JOHNSON« arrorntys ar aw CaresNaute 1310 Connectut Aenve. M zoroosas Wistingon. DC 200%6im95 cooidadueproccom Te202093000 racaoze mor RECEIVED w««» April 6, 2008 APR ~ 6 2005 via naxp peuvery R FotealConmuntatens Conniion Ece Ved Wfceot Secniay Marlene H. Dontch & Secretary °* APR j 3 2005 Federal Communications Commission +3 445 12th Street, NW Washington, D.C. 20554 Re: WRITTEN EX PARTE PRESENTATION File No. SAT—STA—20050325—00076 Application of SES Americom, Inc. for Special Temporary Authority To Repoint Satcom SN.—4 Dear Ms. Dortch: "The Bosing Company ("Bocing") submitsthisleter to frther supplement the record in the above:eaptioned application proceeding. On March 25, 2005, SES Americom, Inc. filed an application for Special Temporary Authority(‘STA") requesting authoriy to repoint the Satcom SN—4 satelite and provide Ku—band service over water reas of Itermational Telecommunication Union (*TTU®) Region 1.\ Grantof the STA application will ensble SES Americom to provide Bocing with Ku—band satelte capacity for the Connexion by Boeing®" system to provide interim Pacific Ocean region (‘T~ POR") coverage pending launch of the AMC—23 satelite lterthis yea. On March 29, 2005, Bocing filed an ex parte letein support of SES Americom‘s STA appliction and related modification application." On March 31, 2005, Boeing submitted additional ‘ See Application of SES Americom, Inc. for Special Temporary Authority to Repoint Satcom SN—4, File No. SAT—STA—20050325—00076 (filed March 25, 2005). SES Americom also filed an accompanying modification application secking, among other things, permanent authoriy for operationalchanges requested in the STA application. See Application of SES Americom, Inc. for Modification of Satcom SN—4 Fixed Satelite Space Station License, File No. SAT—MOD—20050325— 00075 (Filed March 25, 2005) " See Letter to Marlene H. Dortch from Carlos M. Nalda, File Nos. SAT—STA—20050325—00076 and SAT—MOD—20050325—00075 (dated March 29, 2005). wasinweroy + mevvork + rworuix + ios anorits +. toxpon +. snusstis

Marlene H. Dortch April 6, 2005 Page 2 information regarding the pressing need for STA authority and the extraordinary circumstances justifying grant of SES Americom‘s STA application.® This letter provides further publicinterest reasons for granting the requested STA. Setion 302(f ofthe Communications Act provides the Commission with authority to grant temporary authorizations where such temporary operations are in the public interest and delay in operation would prefudice the public interest* Section 25.120 of the Commission‘s Rules goverms temporary suthority to operate satellite communications faciities such as the Satcom SN—4 satelite An STA request must contain the full particulars ofthe proposed operations, including factssuffcient to justify the temporary suthorization sought and the publicinterest therein* "Convenience tothe applicant, such as marketing considerations or meeting scheduled customer in—service dates, will not be deemed sufficient" for purposes of granting an STA request In applying the STA standard in the contextof satelite facilies, the Commission has looked to the publc interest benefts associated with the proposed service generally and to the specific public benefits of the proposed temporary operations. For example, in granting Satelite Digital Audio Radio Service (‘SDARS®)lcensees temporary authorityto operateterestrial epeaters, the Commission acknowledged the many public interest benefits that SDARS can provide and the need for complementary terrestrial repeaters to help implement the service.® In addition, the Commission granted Iridium temporary authority to operate in additional "Big LEO® MSS spectrum to provide communications services to support U.S. government operations in the Middle East region." SES Americom has provided the full paticulars o ts proposed temporary operations in ts STA application. In addition to the public interest information already in the record, Bosing would highlight " See Lette to Marlene H. Dortch from Carlos M. Nalda, File Nos. SAT—STA—20050325—00076 (dated March 31, 2005) ta7 0.8.C. § 3020 bar ceR §25.120, t7 CRR, § 25.1200) ‘47CBR.525.1200). * See XM Radio, Inc. and Sirius Satellite Radio Inc. Requestsfor Special Temporary Authority, Order and Authorization, 19 FCC Red 18140 (Sat. Div., InI Bur. 2004)at 16. * See Iridium Constellation, LLC and Iridium, US LP Request for Temporary Authorization, Order, 18 FCC Red 11564 (Sat. Div., In‘I Bur, 2003) atf 10.

Marlene H. Dortch April 6, 2005 Page3 additional factors justfying grant of te requested STA. Firs, in granting numerous earthstation Hicenses and experimental authorizations to operate the Connexion by Boeing®"" Acronautical Mobile— Satellite Service ("AMSS®)system in Ku—band frequencies, the Commission has recognized the public interest benefits of Bocing‘s AMSS service."" Moreover,in adopting the global secondary Ku—band AMSS allocation domestically, the Commission recognized that AMSS represents and important new use ofthe 14.0—14.5 GHz band."" The Commission also recently released a notice of proposed rulemaking to adopt AMSS service rules thatrecognizes the important public benefits of AMSS services generally and that AMSS is a global communications service."" Grant of SES Americom‘s STA appliation will allow Bocing to expand its AMSS service offering to customers operating in the Paciic Ocean region as quickly as possible. Second,the Commission has authorized Bocing to provide AMSS service to U.S. govermment aireraft operating in U.S. teritry and intemational waters."" Various U.S. government VIP/Special Air Mission ("VIP/SAM®) aireraft have been equipped with the Connexion by Bosing®" service, including aireraft that operate in the Pacific Ocean region. In this connection, Bocing provides cntical aeronaitical communications services to these aireraftin support of U.S. miliry, homeland security and other important government communications needs. Grunt of SES Americom‘s STA application will enable Bocing to support important U.S. government communications needs in the Pacific Ocean region and ensure that U.S. military and government users have access to crtical acronautical communications services in the region at thearliet possible time. ° See, . The Bocing Company, Order and Authorization, 16 ECC Red. 22645 (Int‘| Bur/OET 2001);Radio Station Authorization, Call Sign E000723, File No. SES—MOD—20030512— 00639; see also The Bosing Company, Experimental Radio Sttion Construction Permit and License, Call Sign WC2XVE (various file numbers). " See Amendment of Parts 2, 25, and 87 of the Commission‘s Rules to Implement Decisions from the World Radiocommunication Conferences Concerning Frequency Bunds Between 28 MHe and 36 GHand to Otherwise Updatethe Rulesin this Frequency Range, ET Docket No. 02—305, Report and Order, 18 FCC Red 23426 (2003) at176. "" See n the Mater of Service Rulesand Procedures to Govem the Use of Acronautical Mobile SatelliteService Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service, Norice of Proposed Rule Making, TB Docket No..05—20 (rel. Fb. 9,2005). " See generally The Bosing Company, Experimental Radio Station Construction Permit and License, Call Sign WC2XVE, File No. 0002—EX—ML—2004 (e.Jan. 13, 2004).

Marlene H. Dortch April 6, 2005 Paged For the reasons setforth herein and in its other filings in this proceeding, Bocing urges the Commission grant SES Americom‘s STA application as soon as possible. Please feelfree to contact the undersigned with any questions regarding this submission. Respectfully submitted, Ga.»ez Carlos MNalda Counselfor The Bocing Company ce NaneyJ. Eskenazi Vice President and Associate General Counsel SES Americom,Inc. Four Research Way Princeton, NJ 08540 Peter A. Robrbach Karis A. Hastings Hogan & Hortson LL P 555 Thincenth St.NW Washington, DC 20004—1109 Counselfor SES Americom, Inc.


Document Created: 2005-04-13 16:14:37
Document Modified: 2005-04-13 16:14:37
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