Attachment Section 1.65

Section 1.65

LETTER submitted by The Boeing Company ("Boeing")

Section 1.65

2005-12-05

This document pretains to SES-AFS-20051004-01365 for Amendment Foreign Satellite App on a Satellite Earth Station filing.

IBFS_SESAFS2005100401365_470671

701 Pennylvanis Avense, N. Mnz Levin Watsings,£c. ts mons 20243407400 hx Catlos M. Naida wwmintzcom Christopher R. Bjomnson | 202 4347333 | cmnalda@mintzcom December 5, 2005 Via Haw Derivery Marlene H. Dortch Secretary Federal Communications Commission 445 12" Street, NW. Washington, D.C. 20554 Re: Call Sign £000723; File Nos. SES—MES—20050701—00853, SES—AFS—20051004—01 365 and SES—AFS—20051118—01597 Dear Ms. Dortch: Pursuant to Section 1.65 ofthe Commission‘s rules, 47 C.F.R. § 1.65, the undersigned, on behalf ofThe Bocing Company (‘Bocing"), hereby updates the record ofthe above~ referenced application proceeding to provide additional information. Because no party has submitted comments with respect to Bocing‘s pending application (the "eXchange Modification‘), this is an unrestricted proceeding. The eXchange Modification requests FCC authority to modify Bocing‘s existing Ku—band Aeronautical Mobile—Satellite Service ("AMSS®) aircraft earth station (*AES®) license in several ways, including authority: () to operate a new AES antenna to serve the general aviation market; (ii)to operate all authorized AESs at the aggregate off—axis e.ip.level resulting from a conforming antenna as specified in Section 25.209 with input power density set forth in Section 25.134 ofthe Commission‘s rules for routinely licensed VSATs; (i) to add new satellite points ofcommunication for service outside the United States; (i) to operate at power levels consistent with the coordinated parameters ofthose satellits in a non—2—degree spacing environment; and (v) to receive satellite transmissions in certain extended Ku—band frequencies for operations primarily outside the United States. As a result of important near—term business requirements, Bocing respectfully requests that the Commission grant in part the eXchange Modification on an expedited basis, and defer the remaining elements ofthe application for consideration with Bocing‘s separate application for authority to operate outside the United States (¢International Waters Modification"), See File No. SES—MOD—20040301—00304. In particular, Bocing and its eXchange parter, Rockwell Collins Intemational, have commenced production ofthe eXchange ABS antenna and related components, will begin customer airerat installations later this month and want to commence full commercial operations in the first quarter of 2006. In addition, Bosing seeks to realize the efficiencies associated with operation at routinely licensed VSAT power density levels for its currently authorized ABSs at the earliest possible time. Mintz, Levin, Colm, Ferris, Glovsky and Popeo, P.C. Bosto| Wism etor | Ristow | New You| Staurorn | Los Anoziss | Lowno

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Marlene H. Dortch December 5, 2005 Page 2 Importantly, these aspects of the eXchange Modification can be considered separately fom the remaining parts ofthe application. Authority to add a new AES anterna and to operate at routinely licensed VSAT power density levels turns primarily on technical considerations and, consistent with past Commission practice, can be granted without an order by simply modifying Bocing‘s license for Call Sign E0OO723. On the other hand, authority to operate outside the United States with new satellite points ofcommunication, including the use ofhigher power levels in a non—2—degree spacing environment and extended Ku—band frequencies, may involve broader policy issues. Purthermore, although the eXchange Modification and International Waters Modification request authority to access different satellites, the issues associated with non—U.S. operations raised in both applications are similar and can be dealt with in one decision. Such bifureated consideration ofthe eXchange Modification would serve the interests of administrative convenience and efficient use of the Commission‘s resources. Bocing is also taking this opportunity to submit new satellite operator enginecring statements from Intelsat, Ltd. and SES Americom, Inc. in support ofits application.. While not required by the Commission‘s rules (because Bocing‘s proposed ABS operations are consistent with routinely licensed VSAT power density levels) these statements confirm that operation of the eXchange AES antennas, and operation ofall authorized AESs at an aggregate offaxis ip. level ofroutinely licensed VSATs, are consistent with the coordinated parameters ofthe currently authorized satellite points of communication serving the United States..In addition, Bocing confirms thatit will comply with all coordination agreements reached by the satellite operators. Lastly, Boeing requests thatin granting these portions of the eXchange Modification, the Commission relieve Boeing of any obligation t conduct prior performance testing on the new ARS before commencement of commercial service. See Special Condition 5948, Barth Station Authorization Call Sign E000723. Such a condition would be burdensome and unnecessary because Boeing has already thoroughly demonstrated its ability to adequately control AES performance in prior reports to the Commission and through operation ofits AMSS system for nearly five years. At most, the Commission should consider modifying this condition consistent with more recent license issued to another Ku—band AMSS operator requiring submission of a report one year after grant that demonstrates continuing compliance with authorized aggregate off—axis eirp. density requirements, See ARINC Incorporated, File Nos. SES—LIC—20030910— 01261 and SES—AMD—20031223—01860, Order andAuthorization, DA 05—1016, 49 56, 58(1 (rel. Apr. 6, 2003 In sum, Bocing requests expedited approval ofthat portion of the eXchange Modification that requests authority: () to operate a new AES antenna to serve the general aviation market without a requirement for prior testing; and (i) to operate all authorized AESs atthe aggregate off—axis e.rp.level of routinely authorized VSATs.

Mintz, Levin, Cohn, Ferris, Glovsly and Popeo, P.C. Maiene H. Dortch December 5, 2005 Page3 Please feel free to contact the undersigned with any questions regarding this submission. Sincerely, ut M Sels seup Carlos M. Nalda Christopher R. Bjomson ce: AndreaKelly Karl Kensiger Scott Kotler Arthur Lechtman


Document Created: 2005-12-12 12:36:32
Document Modified: 2005-12-12 12:36:32
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