1.65 Letter Clarifyi

LETTER submitted by Gogo LLC

1.65 Letter Clarifying ESAA Amendment

2014-01-03

This document pretains to SES-AMD-20131226-01208 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2013122601208_1031804

SatCom Law LLC 1317 F St. NW, Suite 400 Washington, D.C. 20004 T 202.599.0975 www.satcomlaw.com January 3, 2014 By Electronic Filing Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: Gogo LLC ESAA Amendment, Call Sign E120106 File No. SES-AMD-INTR2013-02920 Dear Ms. Dortch: Gogo LLC (“Gogo”), by its attorney and pursuant to Section 1.65 of the Commission’s rules, 47 C.F.R. § 1.65, clarifies Gogo’s above-referenced amendment (the “Gogo Amendment”) by correcting the language regarding Gogo’s request to communicate with the Eutelsat 172A spacecraft. The Gogo Amendment specified new downlink frequencies for Eutelsat 172A in order to address an error in Gogo’s application to modify its ESAA blanket license to permanently add Eutelsat 172A and several other satellites as permitted points of communication. 1 In the modification, Gogo had specified that downlinks from Eutelsat 172A would use the 11.7- 12.2 GHz band. 2 Because Eutelsat 172A is not licensed to operate in the 11.7-12.2 GHz band, the Commission dismissed the Gogo Modification in part. 3 To correct this, the Gogo Amendment specified new downlink frequency bands for Eutelsat 172A (10.95-11.2 GHz, 11.45-11.7 GHz, and 12.2-12.75 GHz). In discussing this correction, however, Gogo suggested that the Commission had dismissed Gogo’s request to communicate with Eutelsat 172A in its entirety and indicated that it was seeking reinstatement of its request to add Eutelsat 172A as an authorized point of communication. 4 1 See File No. SES-MFS-20131114-01015 (the “Gogo Modification”). 2 See id., Narrative at 3 & Annex 2. 3 Letter of Paul E. Blais, Chief, Systems Analysis Branch, to William J. Gordon, Vice President, Regulatory Affairs, Gogo LLC, DA 13-2417 (Dec. 18, 2013) (“Partial Dismissal Letter”). 4 See Gogo Amendment, Narrative at 1-2.

Ms. Marlene H. Dortch -2- January 3, 2014 These statements were erroneous. The Commission’s dismissal action was expressly limited to the portion of the Gogo Modification that requested authority to receive transmissions from Eutelsat 172A in a band in which the satellite is not licensed to operate. 5 The portion of the Gogo Modification that sought authority to communicate with Eutelsat 172A in the 14-14.5 GHz uplink band was not subject to the dismissal, and was instead accepted for filing. 6 Furthermore, Gogo does not seek to reinstate the part of the Gogo Modification that has been dismissed – it has specified alternative downlink spectrum for Eutelsat 172A. Gogo requests that the Commission take these clarifications into account in processing the Gogo Amendment. Please let me know if you have any questions regarding this matter. Respectfully submitted, /s/ Karis A. Hastings Karis A. Hastings Counsel for Gogo LLC karis@satcomlaw.com cc: Andrea Kelly Paul Blais 5 See Partial Dismissal Letter at 1-2. 6 See Public Notice, Satellite Radio Applications Accepted for Filing, Report No. SES-01606 (Dec. 18, 2013) at 6.


Document Created: 2014-01-03 17:02:51
Document Modified: 2014-01-03 17:02:51
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