Grant DECISION by FCC SES-LIC-20070322-00396 Grant

Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-03-16

This document pretains to SES-LIC-20070322-00396 for License on a Satellite Earth Station filing.

IBFS_SESLIC2007032200396_700474

Federal Communications Commission DA 09-587

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of )
)
L-3 Communications Titan Corporation )
) File No. SES-LIC-20070322-00396
Application for Authority to Operate a Mobile )
Earth Station to Provide Land Mobile Satellite ) Call Sign: E060390
Service in the Ku-Band )
)
)

MEMORANDUM OPINION, ORDER AND AUTHORIZATION

Adopted: March 13, 2009 Released: March 16, 2009

By the Acting Chief, International Bureau and the Chief, Office of Engineering and Technology:

I. INTRODUCTION

1. By this Order, we grant L-3 Communications Titan Corporation (L-3 Communications)
authority to operate one mobile earth station terminal to be mounted on a vehicle and used in the
continental United States. L-3 Communications will provide Land Mobile Satellite Service (LMSS)
using the standard Ku-band frequencies of 14.0-14.5 GHz (Earth-to-space) and 11.7-12.2 GHz (space-to-
Earth), and will communicate with leased transponders on currently operating U.S.-licensed satellites to
provide communications support for the United States Military.1 Grant of this authorization will promote
the innovative and flexible use of satellite communications technology in the United States.

II. BACKGROUND

A. Application

2. Description of System. L-3 Communications proposes to operate a single earth station to
be mounted on a vehicle and operated while the vehicle is in motion.2 The proposed earth station will
transmit to one of several currently operating Ku-band satellites while on the move and communicate via a

1
The LMSS is a mobile-satellite service (MSS) in which mobile earth stations are located on land. 47 C.F.R. § 2.1.
The MSS is a radio-communication service between mobile earth stations and one or more space stations, or
between space stations used by this service, or between mobile earth stations by means of one or more space
stations. 47 C.F.R. § 2.1. A mobile earth station is an earth station intended for use while in motion or during halts
at unspecified points. 47 C.F.R. § 2.1. A land mobile earth station is a mobile earth station in the LMSS capable of
surface movement within the geographic limits of a country or continent. 47 C.F.R. § 25.201.
2
L-3 Communications Titan Corporation, File No. SES-LIC-20070322-00396 (L-3 Communications Application).
L-3 Communications intends to file another application in the future to request blanket authority for operation of
multiple devices of the same kind. L-3 Communications Application – Filing Notes at 1.

Federal Communications Commission DA 09-587

hub antenna located in the continental United States.3 L-3 Communications terminal equipment has been
developed for use by the U.S. military, although it states there are possible commercial uses, such as
emergency vehicles, including ambulances and paramedic rescue vehicles. L-3 Communications states
that to meet the size, weight, and communications performance objectives, an antenna size of less than
one-meter will be used.4 Due to the antenna’s small size, L-3 Communications concedes that it does not
comply with the antenna gain limits for routinely licensed earth stations specified in Section 25.209 of the
Commission’s rules.5 L-3 Communications maintains, however, that its operation may still be licensed
pursuant to Section 25.220 of the Commission’s rules and will cause no more interference than an earth
station antenna in compliance with Section 25.209.6
3. L-3 Communications also requests a waiver of Section 2.106, the U.S. Table of
Frequency Allocations (U.S. Table), to permit the use of the 11.7-12.2 GHz frequency band for its
downlink operations.7 L-3 Communications represents that it will not interfere with other authorized Ku-
band users, and that it will accept interference into its system from any such authorized user. 8

4. Procedural History. L-3 Communications’s application was placed on public notice.9
In response to the notice, ViaSat, Inc. (ViaSat) filed comments asking the Commission to request
additional information regarding L-3 Communications’s stated intent to file for a blanket license in the
future.10 In response, L-3 Communications states that its application is for a single earth station, and it
would address multiple earth station networking issues in a future application for blanket authority.11
Nonetheless, L-3 Communications states that it is willing to accept a condition in the requested single
earth station license that would bar operation of the terminal within a network of similarly non-

3
L-3 Communications states that its points of communication are the SES Americom satellites at 83° W.L.
(Americom 9), at 79° W.L. (AMC-5), and at 85° W.L. (AMC-2), and the U.S. -licensed Intelsat satellites at 89°
W.L. (IA-8) and 129° W.L. (1A-7). L-3 Communications Application at 3. We note, however, that SES Americom
recently relocated its AMC-2 satellite to the 100.95° W.L. orbital location. See File No. SAT-MOD-20080124-
00030 (grant stamped with conditions on May 19, 2008). If L-3 Communications wishes to communicate with
this satellite, it must file an application to modify its license to add the AMC-2 satellite at the 100.95° W.L. orbital
location as a new point of communication.
4
L-3 Communications Application, Technical Brief at 5.
5
L-3 Communications also requested a waiver of 47 C.F.R. § 25.209, which applies to fixed-earth stations.
Because this rule is inapplicable to L-3 Communications’s proposed mobile system, the waiver request is moot.
6
47 C.F.R. § 25.209. L-3 Communications Application, Technical Brief at 18.
7
L-3 Communications Application, Attachment – Waiver Request. L-3 Communications also requested a waiver
of 47 C.F.R. § 25.209, which applies to fixed-earth stations.
8
Id.
9
Public Notice, Satellite Communications Services, Report No. SES-00912 (March 28, 2007).
10
L-3 Communications Application, Attachment - Filing Notes at 1.
11
L-3 Communications Response to ViaSat, Inc. Comments, filed May 15, 2007 (L-3 Communications Response)
at 2.

2

Federal Communications Commission DA 09-587

conforming terminals.12

5. ViaSat also requested that the record keeping requirements applicable to Earth Stations
on Board Vessels (ESVs) be applied to L-3 Communications’s operations.13 L-3 Communications
responds that the location and activities of a single earth station are not typically required by the
Commission, but if such rules were adopted, then the mechanisms to ensure compliance would be added
to its system.14

B. VMES Rule Making

6. On May 15, 2007, the Commission released a Notice of Proposed Rule Making inviting
comment on proposed rules for the licensing and operation of Vehicle-Mounted Earth Stations (VMES)
in the conventional and extended Ku-band frequencies (VMES Notice).15 Specifically, the Commission
sought comment on a proposal to allocate spectrum on a primary basis for use with VMES in the Fixed
Satellite Service (FSS) in the Ku-band at 14.0-14.5 GHz (Earth-to-space) and at 11.7-12.2 GHz (space-to-
Earth).16 The Commission also proposed to adopt Ku-band VMES licensing and service rules modeled
on the Commission’s rules for Ku-band ESVs.17 L-3 Communications’s proposed operations are similar
to the VMES operations that are the subject of the VMES Notice. However, L-3 Communications does
not seek to operate on a primary basis in either the 11.7-12.2 GHz or 14.0-14.5 GHz bands. Thus, L-3
Communications’s operations are addressed in this Order under existing regulatory requirements and
precedent. In the event L-3 Communications seeks to operate pursuant to the modified regulatory
framework under consideration in the VMES proceeding, it would need to apply for a license
modification following any adoption of new or modified rules in that proceeding.

III. DISCUSSION

7. L-3 Communications proposes to operate its system as a Mobile Satellite Service (MSS)
using an existing secondary MSS allocation in the 14.0-14.5 GHz frequency band and as non-
conforming use in the 11.7-12.2 GHz band. As explained below, we grant L-3 Communications’s

12
L-3 Communications Response to Reply Comments of ViaSat, Inc. (June 12, 2007) (L-3 Communications
Response to Reply) at 1.
13
Pursuant to these record keeping requirements, ESV licensees must maintain, for a period of one year, records of
the ship location, transmit frequency, channel bandwidth, and satellite used. 47 C.F.R. § 25.221(c)(1).
14
L-3 Communications Response to Reply at 3.
15
See Amendment of Parts 2 and 25 of the Commission’s Rules to Allocate Spectrum and Adopt Service Rules
and Procedures to Govern the Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands Allocated to the
Fixed-Satellite Service, IB Docket No. 07-101, Notice of Proposed Rule Making, 22 FCC Rcd 9649 (2007) (VMES
Notice).
16
VMES Notice, 22 FCC Rcd at 9668 (para. 40) (proposing U.S. Table footnote stating VMES is an application of
FSS in two bands and may be authorized to communicate with FSS space stations on a primary basis).
17
VMES Notice, 22 FCC Rcd at 9650 (para. 2). Service rules for Ku-band ESVs were adopted by the Commission
in 2005 and are codified at 47 C.F.R. § 25.222. See Procedures to Govern the Use of Satellite Earth Stations on
Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands, Report and
Order, 20 FCC Rcd 674 (2005) (ESV Report and Order).

3

Federal Communications Commission DA 09-587

application under the Commission’s existing rules.

A. Space-to-Earth (11.7-12.2 GHz)

8. L-3 Communications proposes to receive digital data for its LMSS operations in the
11.7-12.2 GHz frequency band.18 The 11.7-12.2 GHz frequency band is allocated domestically on a
primary basis for FSS downlink transmission, including downlink transmission to ESVs.19 It is also
allocated on a secondary basis for grandfathered terrestrial radio stations.20 This band, however, is not
allocated – either domestically or internationally – for MSS.21 Therefore, L-3 Communications requests
a waiver of the U.S. Table to permit use of the 11.7-12.2 GHz frequency band on a non-interference, non-
protected basis.22 L-3 Communications states it will accept interference into its system from any
authorized user of the band.23

9. The use of radiocommunication frequencies in the United States must be in accord with
the U.S. Table contained in Section 2.106 of the Commission’s rules.24 The Commission will grant a
waiver of the U.S. Table for non-conforming uses “when there is little potential interference into any
service authorized under the Table of Frequency Allocations and when the non-conforming operator
accepts any interference from authorized services.”25 The Commission has also permitted spectrum
allocated for FSS downlinks to be used for downlinks to mobile terminals “when a downlink
transmission from a fixed-satellite appears identical regardless of whether it is being received by fixed or
mobile terminals.”26

10. We find that circumstances justify a waiver of the U.S. Table in this instance. Because L-
3 Communications’s earth station will communicate with existing FSS space stations, and its operations
will not alter either the footprint or the power of downlink transmissions from these satellites, it will not

18
L-3 Communications Application, Attachment – Waiver Request.
19
See 47 C.F.R § 2.106, Footnotes NG145 and NG183, and Procedures to Govern the Use of Satellite Earth
Stations on Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz
Bands, Report and Order, IB Docket No. 02-10, 20 FCC Rcd 674, 706-07 (para. 79) (2005) (ESV Order).
20
47 C.F.R § 2.106, Footnote NG184.
21
The Commission has proposed adding an allocation for aeronautical mobile satellite service (AMSS) downlinks
in the 11.7-12.2 GHz band. Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite
Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service, Notice of Proposed
Rulemaking, IB Docket No. 05-20, 20 FCC Rcd 2906, 2915 (para. 15) (2005).
22
See 47 C.F.R § 2.102(a).
23
L-3 Communications Application, Attachment – Waiver Request.
24
47 C.F.R. § 2.106. See 47 C.F.R. § 2.102(a) (stating that assignment of frequencies to radio stations shall be in
accordance with the U.S. Table with certain enumerated exceptions).
25
See Fugro-Chance, Inc., Order and Authorization, 10 FCC Rcd 2860 (Int’l Bur. 1995) (Furgo-Chance Order)
(authorizing operations of receive-only mobile earth terminals in the 11.7-12.2 GHz band on a non-interference
basis).
26
Fugro-Chance Order, 10 FCC Rcd at 2860 (para.2).

4

Federal Communications Commission DA 09-587

cause interference to other licensed users of the band. Moreover, the Commission has previously
permitted mobile earth stations to receive communications in the Ku-band assigned to FSS downlinks
under similar circumstances.27 Accordingly, we conclude that a waiver of Section 2.106 of the U.S.
Table serves the public interest. However, such operations are on a non-interference basis to all other
services - both primary and secondary - allocated to use the 11.7-12.2 GHz band. As agreed in its
application, L-3 Communications must accept interference from any such services.

B. Earth-to-Space (14.0-14.5 GHz)

11. L-3 Communications proposes to use the 14.0-14.5 GHz frequency band for uplink
transmissions. This band is allocated on a primary basis for non-Federal Government uplink operations
in the FSS.28 It also contains an allocation for MSS Earth-to-space communications on a secondary basis
for non-Federal government use. Because L-3 Communications proposes to operate its earth terminal
on a secondary basis in the 14.0-14.5 GHz band, we conclude that such use is consistent with the U.S.
Table and grant authority for such operations subject to the conditions set forth below.

12. L-3 Communications must operate its Earth-to-space communications on a secondary
basis in the 14.0-14.5 GHz band and must protect other services with allocations on a primary basis in
this band and must coordinate with other services operating on a secondary basis. Other services in the
band include (1) FSS networks – both in the GSO and non-geostationary satellite orbit (NGSO) –
operating on a primary basis in the 14.0-14.5 GHz band, (2) space research services operating in the 14.0-
14.5 GHz band on a secondary basis,29 (3) Federal government terrestrial fixed and mobile stations
operating on a secondary basis in the 14.4-14.5 GHz segment, (4) the radio astronomy service operating
on a secondary basis in the 14.47-14.5 GHz band, and (5) grandfathered Non-Federal land mobile
stations licensed on a secondary basis in the 14.2 – 14.4 GHz segment. We discuss each of these services
below.

1. Protection of FSS in the 14.0-14.5 GHz Band

a. GSO FSS

13. Non-Routine Licensing. L-3 Communications’s proposed system does not meet the
Commission’s technical criteria for two-degree spacing. The Commission routinely licenses Ku-band
earth station facilities that meet its two-degree orbital spacing technical requirements set forth in Part 25
of the Commission’s rules.30 These technical requirements ensure that the earth stations’ operations do
27
Qualcomm, Inc., Memorandum Opinion, Order and Authorization, 4 FCC Rcd 1543, 1544 (paras. 10-12)
(1989) (Qualcomm Order); RaySat Antenna Systems, LLC, Application to Operate 4000 In-Motion Mobile
Satellite Antennas in the 14.0-14.5 GHz and 11.7-12.2 GHz Frequency Bands, Order and Authorization, 23 FCC
Rcd 1985 (Int’l Bur. and OET, 2008) (petition for reconsideration or clarification pending).
28
47 C.F.R. § 2.106.
29
The secondary space research allocation is limited in the U.S. Table to the 14.0-14.2 GHz band. 47 C.F.R. §
2.106. However, the Table of Frequency Allocations in Article 5 of the International Telecommunication Union
Regulations includes a secondary space research allocation in the 14.2-14.3 GHz frequency band, and in the 14.4-
14.47 (uplink) frequency band.
30
In 1983, the Commission established a two-degree orbital spacing policy to maximize the number of in-orbit
satellites serving the United States in either the C-band or the Ku-band. See Licensing of Space Stations in the
Domestic Fixed-Satellite Service and Related Revisions of Part 25 of the Rules and Regulations, Report and
(continued….)
5

Federal Communications Commission DA 09-587

not cause harmful interference to adjacent satellite systems.31 In part, these technical rules consist of a
minimum antenna diameter32 and maximum power level limits which are set forth in Sections 25.209 and
25.212 of the Commission’s rules.33 L-3 Communications states that meeting size, weight, and
communication performance objectives requires an antenna diameter of less than one meter. The antenna
proposed by L-3 Communications is an elliptical antenna that has an effective equivalent diameter of a
circular antenna measuring 0.36 meters. The antenna is non-compliant with the off-axis antenna-gain
limits in Section 25.209 in the region from 1.0 to 7.0 degrees off axis from the direction of maximum
gain, by as much as 6.9 dB. L-3 Communications contends, however, that by managing the transmitted
power spectral density it can comply with the underlying objective of the off-axis gain limits.34

14. Although L-3 Communications’s proposed system does not meet the criteria for routine
licensing, it may still be authorized under the criteria of Section 25.220 of the Commission’s rules, which
govern the licensing of non-routine transmit/receive earth station operations that do not meet the criteria
of Sections 25.209 and 25.212.35 Pursuant to Section 25.220, an applicant can seek authorization for
non-routine transmit/receive earth stations under one of two procedural options to demonstrate that it will
not cause interference to satellites adjacent to the target satellites.36 Section 25.220(c)(1) provides that a
non-routine earth station may be authorized if the applicant proposes to limit the maximum power density
of the signal input into the earth station’s antenna to a certain level. This level is determined by reducing
the maximum permissible input power density for a routinely-licensed station by the number of decibels
that the non-compliant antenna exceeds the applicable gain limits in Section 25.209.37

(Continued from previous page)
Order, FCC 83-184, 54 Rad. Reg. 2d (P & F) 577 (1983) (Two-Degree Spacing Order); summary printed in
Licensing Space Stations in the Domestic Fixed-Satellite Service, 48 Fed. Reg. 40233 (Sept. 6, 1983), on recon.,
Licensing of Space Stations in the Domestic Fixed-Satellite Service and Related Revisions of Part 25 of the Rules
and Regulations, Memorandum Opinion and Order, 99 FCC 2d 737 (1985). At that time, the Commission began
assigning adjacent in-orbit satellites to orbital locations two degrees apart in longitude, rather than the three to four
degrees longitude previously used.
31
See generally Two-Degree Spacing Order, 54 Rad Reg. 2d (P&F) 577 (adopting two degree orbital spacing
policy to maximize the number of in-orbit satellites operating in the Ku- and C-bands).
32
The antenna diameter is important because decreasing the antenna diameter produces wider main beams and
higher side lobes. As a result, the allowable antenna gain pattern envelope effectively creates a minimum earth
station antenna diameter because at some point the main beam will become wide enough to cause unacceptable
interference to adjacent satellites. See VMES Notice, 22 FCC Rcd at 9669 (para. 42) and n.88.
33
47 C.F.R. §§ 25.209 and 25.212.
34
L-3 Communications Application, Attachment – Affidavit.
35
47 C.F.R. § 25.220. The provisions of Section 25.220 were adopted in 2005 as part of the Commission’s space
station reform proceeding. See 2000 Biennial Regulatory Review – Streamlining and Other Revisions of Part 25 of
the Commission’s Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and
Space Stations, Fifth Report and Order in IB Docket No. 00-248, and Third Report and Order in CC Docket 86-
496, 20 FCC Rcd 5666 (2005) (Fifth Report and Order).
36
See Fifth Report and Order, 20 FCC Rcd at 5669 (para. 3); 47 C.F.R. § 25.202(a)(2).
37
Alternatively, Section 25.220(c)(2) provides that a non-routine Ku-band earth station that does not meet the input-
power limit prescribed in Section 25.220(c)(1) may be authorized if the applicant files a statement from the operator
of the target satellite certifying that it has coordinated the proposed operation of the non-routine earth station with
(continued….)
6

Federal Communications Commission DA 09-587

15. We find that L-3 Communications antenna, if it were for fixed use, would satisfy the
criteria of Section 25.220(c)(1). L-3 Communications represents that the power delivered to the LMSS
terminal’s antenna will be limited to the extent necessary to ensure that the power density of off-axis
emissions radiated by the antenna will be no greater than a routinely-licensed earth station would
generate.38

16. Pointing Accuracy. Because the LMSS terminal is designed for operation on a vehicle,
L-3 Communications proposes to incorporate additional safeguards to ensure that transmissions do not
cause interference to GSO FSS systems while the vehicle is in motion. First, the antenna will be
equipped with an automatic tracking system with a pointing accuracy of +/- 0.2 degrees or better.39 The
tracking system will automatically stop uplink transmission when the pointing error exceeds +/- 0.2
degrees. L-3 Communications reports that the antenna met or exceeded the pointing-accuracy objective
while subjected to an extreme rugged terrain test course, asserting that the device will typically be
subject to a substantially less severe environment and therefore the antenna pointing system will typically
maintain pointing to tighter tolerances.40 We are satisfied that the pointing accuracy of L-3
Communications’s system, along with the other interference-limiting measures required by the terms of
this authorization, are sufficient to protect adjacent GSO FSS satellites from interference.

b. NGSO FSS

17. In 2001, the Commission adopted rules that provide for the operation of NGSO FSS
gateway and user terminal uplinks in the 14.0-14.5 GHz band as a primary service.41 L-3
Communications has an obligation to protect NGSO FSS operations from interference from secondary-
status LMSS operation in this band. Currently, however, there are no NGSO FSS stations authorized to
operate in the Ku-band, and no pending applications for such systems.

18. If the Commission authorizes a Ku-band NGSO FSS system in the future, or if there is a
lawfully operating system authorized by another administration, L-3 Communications must coordinate its
operations with the NGSO FSS system and obtain an affidavit from the NGSO FSS licensee that L-3
Communications’s proposed operations are acceptable. In the absence of such an affidavit, L-3
Communications’s LMSS system must cease operation immediately upon the commencement of
operation of the first satellite of the Ku-band NGSO FSS system, or demonstrate that it will not cause
(Continued from previous page)
the operators of all adjacent GSO satellites within six degrees of separation. L-3 Communications included in its
application an affidavit from the operator of the satellites its system will be communicating with – SES Americom
and Intelsat. Although the affidavit states that use of the non-conforming antenna will not cause unacceptable
interference into adjacent satellites in accordance with the Commission’s two degree spacing policy, it does not state
whether there are GSO satellites six degrees from the target satellites, and if so, whether the proposed operations
have been coordinated with these satellites.
38
L-3 Communications Application, Attachment – Affidavit at 3.
39
L-3 Communications Application, Technical Brief at 18.
40
L-3 Communications Application, Technical Brief at 10.
41
Amendment of Parts 2 and 25 of the Commission’s Rules to Permit Operation of NGSO FSS Systems Co-
Frequency with GSO and Terrestrial Systems in the Ku-band Frequency Range, First Report and Order and
Further Notice of Proposed Rulemaking, ET Docket No. 98-206, 16 FCC Rcd 4096 (2000).

7

Federal Communications Commission DA 09-587

unacceptable interference to the new system.

2. Protection of Space Research in the 14.0-14.2 GHz Band

19. The 14.0-14.2 GHz portion of the Ku-band is domestically allocated for secondary status
Federal government operation in the Space Research Service (SRS).42 The National Aeronautics and
Space Administration (NASA) currently operates several SRS Tracking and Data Relay Satellite System
(TDRSS) stations. These stations, located in White Sands, New Mexico, and Guam, receive signals from
GSO satellites in the 14.0-14.5 GHz segment of the SRS band. L-3 Communications states that it will
not transmit within 125 km of White Sands, New Mexico to avoid interference with government
operations in that area.43 Because the L-3 Communications’s LMSS terminal is authorized herein only
for operation within the continental United States, its operations will not impact the TDRSS station in
Guam. The National Telecommunications and Information Administration (NTIA) recently informed the
Commission that a site in Blossom Point, Maryland has been selected for a new TDRSS earth station.44
The new earth station is expected to have similar technical characteristics to that of the White Sands,
New Mexico station, and NTIA expects the Blossom Point facility to become operational within the next
three years.45 As a condition of its authorization, L-3 Communications will be required to cease
operations in the 14.0-14.2 GHz band within 125 km of the new earth station upon the commencement of
TDRSS operations, unless and until an agreement for protection of the new TDRSS station is reached
between L-3 Communications and NASA, and approved by the Commission and NTIA.

3. Protection of U.S. Government Fixed and Mobile Stations in the 14.4-14.5 GHz
Band

20. In addition to the non-Federal primary FSS and secondary MSS allocations in the 14.4-
14.5 GHz segment, the Federal government has secondary fixed and mobile allocations in the band.46
Our records indicate that there are several fixed point-to-point operations and a limited number of fixed
stations used by the Federal government for terrestrial telecommand.47 There also are several Federal
government aeronautical mobile stations, land-based aeronautical mobile stations, and land mobile
stations in the band. Furthermore, there are several Federal government surface telemetering mobile
stations in the band that are used to send telemetry information to other stations on the ground. The
14.4-14.5 GHz band appears to be used predominantly by fixed, mobile, and transportable telemetry
microwave systems. The band also is used to transmit air traffic control video links, closed circuit
television, and range test data (including airborne downlink data transmissions).48 Because the 14.4-14.5

42
47 C.F.R. § 2.106.
43
L-3 Communications Application, Filing Notes at 1.
44
Public Notice, International Bureau Announces New NASA TDRSS Earth Station Site, Report No. SPB-221,
DA 07-4028 (released September 25, 2007) (NASA Public Notice).
45
NASA Public Notice.
46
VMES Notice, 22 FCC Rcd at 9667 (para. 35). See also 47 C.F.R. § 2.106.
47
VMES Notice, 22 FCC Rcd at 9667 (para 36).
48
Id.

8

Federal Communications Commission DA 09-587

GHz band is shared with the U.S. government, we have coordinated L-3 Communications’s application
with National Telecommunications and Information Administration (NTIA), which administers
authorizations for federal stations. NTIA has stated no objections with L-3 Communications’s proposed
frequencies and operations.

4. Protection of Radio Astronomy in the 14.47-14.5 GHz Band

21. The National Science Foundation (NSF) supports radio-astronomy observation in the
14.47-14.5 GHz band at National Radio Astronomy Observatories in New Mexico and West Virginia.
The use of the band for radio-astronomy observation at those sites is recognized in Footnote US203 to
the U.S. Table of Allocations, which requires steps to be taken to minimize interference with such
operations from terrestrial radio transmitters.49 The NSF also supports radio-astronomy observation in the
same band at various other sites in the continental United States, Hawaii, Puerto Rico, and the U.S.
Virgin Islands.

22. L-3 Communications has not coordinated its operations with NSF. Consequently, we
require L-3 Communications to refrain from operating in the 14.47-14.5 GHz band unless and until it
enters into an agreement with NSF. L-3 Communications’s authorization is conditioned on its adherence
with the terms of the coordination agreement with NSF.50 L-3 Communications must file a copy of the
agreement with the Commission.

5. Protection of Non-Federal Land Mobile Stations in the 14.2-14.4 GHz Band

23. Prior to March 2, 2005, the Table of Allocations contained an allocation for mobile
services in the 14.2-14.4 GHz band. These operations were authorized under Part 101, Subpart J of the
Commission’s Rules. Footnote 184 to the Table of Allocations provides that land mobile stations that
were authorized prior to March 1, 2005 are allowed to continue operating on a secondary basis until their
license expires. Our records indicate that there are approximately twenty-five licenses that authorize
stations in the 14.2-14.4 GHz band. We also note, however, that these twenty-five licenses authorize
operations in other bands as well, providing an alternative to operations in the 14.2-14.4 GHz band.
Given the transient nature of any such operations, the limited number of such stations authorized in the
band, and the fact that they are also authorized to operate in alternate bands, we believe that L-3
Communications’s operation is unlikely to interfere with these grandfathered licenses.

6. Other Matters

a. Data Logging Requirements

24. As a condition of its authorization, L-3 Communications must maintain logs on the
operation of its earth station terminal. ViaSat argues that record keeping requirements should apply to L-
3 Communications’s proposed operations in order to identify and correct interference issues, should they
arise.51 L-3 Communications’s proposed operations are transitory in nature and will use bands where
49
47 C.F.R. § 2.106, Footnote US203.
50
See RaySat Antenna Systems, LLC, Order and Authorization, Order and Authorization, 23 FCC Rcd 1985, 1998
(para. 31)(Int’l Bur. and OET 2008).
51
ViaSat Comments at 3.

9

Federal Communications Commission DA 09-587

regularly licensed spectrum operators have equal or superior rights. Therefore, we agree with ViaSat that
such recording keeping requirements will help identify and resolve any interference concerns raised by
other operators. The Commission has imposed such record-keeping requirements on LMSS operations in
the Ku-band in the past, and these requirements are part of the rules governing analogous ESV
operations.52 We also note that the Commission is considering similar record keeping requirements for
VMES in the Ku-band.53

25. We will impose the data logging and point of contact requirements on L-3
Communications similar to those imposed on previous Ku-band LMSS and ESV licensees. Accordingly,
L-3 Communications must maintain a point of contact within the United States with the authority and
capability to mute its earth station, if necessary. L-3 Communications must submit a letter to be included
in its license file with the name and telephone number of the contact prior to commencing operation. L-3
Communications must also maintain records of the location of its system in longitude and latitude;
transmit frequency, channel bandwidth and satellite used. The location information must be recorded at
time intervals no greater than every 20 minutes while the mobile earth station terminal is transmitting. L-
3 Communications must maintain these records for one year and make them available to all appropriate
entities within 24 hours of request. L-3 Communications must also maintain logs of all alleged
incidences of interference and the outcome of the incident.

b. Network Operations

26. L-3 Communications states that the earth station will operate in conjunction with a hub
station.54 The mobile earth station cannot transmit until it receives the signaling channel from the hub
station.55 We note that L-3 Communications stated it “anticipate[s] filing for a blanket license in the
future.”56 In response to ViaSat’s comments that L-3 Communications has not demonstrated that the
proposed terminal would not cause harmful interference to other operators if operated within a network
of identical mobile terminals, L-3 Communications stated it would accept a condition precluding network
operations until additional filings were submitted to the Commission.57 Accordingly, we limit this
authorization to cover a single terminal only. The interference potential of a network of non-conforming
antennas may indeed be different from the operation of a single antenna, and this authorization is granted
without prejudice to any future filing of L-3 Communications.

c. Radiation Hazard Requirements

27. The Commission has observed that the mounting of earth stations on vehicles may create

52
Qualcomm Order, 4 FCC Rcd at 1546; see 47 C.F.R. § 25.222(c) and ESV Order, 20 FCC Rcd at 695 (para.
68).
53
VMES Notice, 22 FCC Rcd at 9676 (para. 61).
54
The hub station is located in San Diego, CA.
55
L-3 Communications Application, Technical Brief at 5.
56
L-3 Communications Application, Attachment - FCC Filing Notes.
57
ViaSat Comments at 2; L-3 Communications Response at 1.

10

Federal Communications Commission DA 09-587

Corporation, File No. SES-LIC-20070322-00396, is GRANTED and L-3 Communications Titan
Corporation is authorized to operate one land mobile earth station, to be mounted on a vehicle and used
in the continental United States, according to the terms in its application, the Commission’s rules, and the
conditions set forth below.

a) The L-3 Communications Titan Corporation earth station authorized herein is limited
to communications with the following satellites specified in the above-captioned
application: SES Americom satellites - AMC-5 at 79° W.L. and AMC 9 at 83° W.L.,
and Intelsat satellites - IA-8 at 89° W.L., and IA-7 at 129° W.L. L-3
Communications must seek Commission approval to modify its authorization in the
event any of the satellites changes orbit location, or if L-3 Communications Titan
Corporation seeks to add other satellites as a point of communication.

b) L-3 Communications Titan Corporation’s earth station must accept interference from
the lawful operation of any station in the 11.7-12.2 GHz band in accordance with the
U.S. Table of Frequency Allocations (47 C.F.R. § 2.106) and shall immediately
terminate space-to-Earth operations upon notification that such operations are
causing harmful interference, not permitted under the terms of the pertinent
coordination agreement, with lawful operation of any radio system in the 11.7-12.2
GHz band in conformance with the U.S. Table of Frequency Allocations.

c) L-3 Communications must coordinate its operations with any lawfully operating Ku-
band NGSO FSS system, and obtain an affidavit from the Ku-band NGSO FSS
system that L-3 Communications’s operations are acceptable. In the absence of such
an affidavit, L-3 Communications’s system must cease service immediately upon
launch and operation of the first satellite of the Ku-band NGSO FSS system, or
demonstrate that it will not cause harmful interference to the new NGSO FSS
system. Failure to make such a demonstration may subject L-3 Communications to
further conditions by the Commission designed to address potential harmful
interference.

d) The operation of L-3 Communications’s mobile earth station shall immediately
terminate upon notification that its operation is causing harmful interference with 1)
the lawful operation of any radio system in the 14.0-14.5 GHz band authorized on a
primary basis in conformance with the U.S. Table of Frequency Allocations or
authorized on a secondary basis prior to the effective date of this Order, or 2) the
operation of any TDRSS earth station in the 14 -14.2 GHz band, or 3) radio
astronomy observations in the 14.47-14.5 GHz band.

e) L-3 Communications must specify a person as a point of contact for discussing
interference concerns with other licensees or U.S. Government agencies and must
submit, within 30 days of the release of this authorization, a letter to the Commission
to be included in its license file with the name and telephone number(s) of the
contact.

f) L-3 Communications must maintain records of the location of its mobile earth station
in longitude and latitude; transmit frequency, channel bandwidth, and satellite used
for a period of not less than one year. Records will be recorded at time intervals no
greater than every 20 minutes while the mobile earth station is transmitting. The

12

Federal Communications Commission DA 09-587

earth station operator will make this data available upon request to a coordinator,
fixed system operator, fixed-satellite system operator, NTIA, or the Commission
within 24 hours of the request. L-3 Communications must also maintain logs of all
alleged incidences of interference, the stations involved, and the outcome of the
incident.

g) L-3 Communications’s mobile earth station must be able to receive “enable
transmission” and “disable transmission” commands from the network control center
and must cease transmission immediately after receiving any “parameter change”
command until it receives an “enable transmission” command from the network
control center. The network control center will monitor operation of the L-3
Communications’s mobile earth station to determine if it is malfunctioning, and the
L-3 Communications’s mobile earth station will self-monitor and automatically
cease transmission upon detecting an operational fault that could cause harmful
interference to the fixed-satellite service network.

h) L-3 Communications’s operation in the 11.7-12.2 GHz and 14.0-14.5 GHz band shall
be in accordance with the space station authorization for the satellites with which L-
3 Communications’s mobile earth station will communicate.

i) L-3 Communications shall not operate in the 14.47-14.5 GHz band unless and until
L-3 Communications enters into an agreement with the National Science Foundation.
L-3 Communications must conform its operations to the terms of any coordination
agreement with the National Science Foundation and must file a copy of the
agreement with the Commission within 30 days of execution.

j) L-3 Communications must cease operations in the 14.0-14.2 GHz band within 125
km of White Sands, New Mexico and within 125 km of the new earth station in
Blossom Point, Maryland once it commences TDRSS operations, unless and until an
agreement is reached between L-3 Communications and NASA, and approved by the
Commission and NTIA.

k) The LMSS terminal authorized herein may not be operated within a network of
similarly non-conforming terminals without further authorization from the
Commission.

l) L-3 Communications shall take all reasonable and customary measures to ensure that
the mobile earth station does not create a potential for harmful non-ionizing radiation
to persons who may be in the vicinity of the earth station when it is in operation. At
a minimum, permanent warning labels shall be fixed to the earth station and its
housing warning of the radiation hazard and including a diagram showing the regions
around the earth station where radiation levels could exceed 1.0mW/cm². The earth
station operator shall be responsible for assuring that individuals do not stray into the
regions around the earth station where there is a potential for exceeding the
maximum permissible exposure limits required by 47 C.F.R. § 1.1310. This shall be
accomplished by means of signs, caution tape, verbal warnings, placement of the
earth station so as to minimize access to the hazardous region, and/or other
appropriate means, including muting the transmitter upon loss of the downlink signal
and an enabling feature that only permits transmissions after the downlink signal is

13

Federal Communications Commission DA 09-587

received, the operator is able to verify that the antenna is properly pointed at the
target satellite, and the link is unobstructed.

31. It is FURTHER ORDERED, that 47 C.F.R. § 2.102 is WAIVED with respect to L-3
Communications’s operation of its mobile earth station in the 11.7-12.2 GHz downlink band, consistent
with the terms of this authorization.

32. It is FURTHER ORDERED, that L-3 Communications may decline this authorization as
conditioned within 30 days from the release date of this Order and Authorization. Failure to decline
within this period will constitute formal acceptance of the authorization as conditioned.

33. This Order and Authorization is issued on delegated authority pursuant to Sections 0.241
and 0.261 of the Commission’s rules, 47 C.F.R. §§ 0.241 and 0.261, and is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

John V. Guisti
Acting Chief,
International Bureau

Julius Knapp
Chief,
Office of Engineering and Technology

14

Document Created: 2019-04-19 00:04:08
Document Modified: 2019-04-19 00:04:08

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC