Attachment KHV Agreement

KHV Agreement

LETTER submitted by KVH Industries, Inc.

Application for Authority and STA Request to Operate Ku-band ESV Notebook

2008-11-20

This document pretains to SES-LIC-20081104-01450 for License on a Satellite Earth Station filing.

IBFS_SESLIC2008110401450_680232

SqUIRE, SANDERS & DemPsEy LLPB. Suite 500 , 1201 Pennsylvania Avenue, NW. € f LEGAL Washington, D.C. 20004—2401 s x L'OUNSEL Office: +1.202.626.6600 ) WORLDWIDE Fax: +1.202.626.6780 Direct: +1.202.626.6659 ecnalda@ssd.com November 20, 2008 BY HAND DELIVERY Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, DC 20554 Re: KVH Industries, Inc., Application for Authority and STA Request To Operate Ku—band ESV Network (Call Sign EO10236, File Nos. SES—LIC—20081104—01450 and SES—STA—20081105—01449 ) Dear Ms. Dortch: KVH Industries, Inc. ("KVH"), pursuant to Section 1.65 of the Commission‘s Rules, 47 C.F.R. § 1.65, hereby submits the enclosed Technical Operational Coordination Agreement for the Joint Usage of the Band 14.0— 4.5 GHz Between the National Science Foundation and Earth Stations Onboard Vessels (ESVs) Operated by KVH, Inc. ("Coordination Agreement"). On November 4, 2008, KVH filed the above—captioned application and request for special temporary authority ("STA") to operate a Ku—band ESV network. The enclosed Coordination Agreement, entered into pursuant to Section 25.222(e) of the Commission‘s rules, 47 C.F.R. § 25.222(e), governs the use of KVH ESVs operating in the Pacific Ocean region to ensure the protection of radio astronomy stations operations in the 14.47 — 14.5 GHz band. Please feel free to contact me with any questions or if you require any additional information to facilitate expeditious action on the STA request and underlying application. Respectfully submitted, Carlos M. Nalda Counsel to KVH Industries, Inc. Enclosure ce (w/ encl.): Scott Kotler us : Houstron + Los Anories + Miamt + New York + Pato Arto + Prognix + San Francisco + TarranassE® * TamPa * Tysons CorneRr Wast on DC +« West Parm Brack | Caracas * Rio pr Janzi®o + Santo Dommco | Bratist SC Pracuz © Warsaw | Benpmno « Hong Kone » SHancnar Tokvyo | AssociatEp Orricss: BucrarEst + Burnos Airss + Dusum + Kyiv +« Mizan + Santico www.ssd.com

TECHNICAL OPERATIONAL COORDINATION AGREEMENT FOR THE JOINT USAGE OF THE BAND 14.0 —14.5 GHz BETWEEN THE NATIONAL SCIENCE FOUNDATION AND EARTH STATIONS ONBOARD VESSELS (ESVS) OPERATED BY KVH INDUSTRIES, INC. Radio astronomy observations are conducted in the 14.47—14.5 GHz band in the USA at a number of radio astronomy sites. KVH Industries, Inc. ("KVH") desires to operate a network of in—motion earth stations onboard vessels ("ESVs") in Pacific Ocean region, which will operate in portions of the 14.0 to 14.5 GHz transmit and the 10.7 to 12.2 GHz receive band.‘ The present agreement is intended to facilitate operation of the KVH ESV network, without causing interference to Radio Astronomy stations. 1. General Information 1.1 The band 14.47 to 14.5 GHz is allocated to the radio astronomy service on a secondary basis. The band 14.0 —14.5 GHz is allocated in the United States to the Fixed—Satellite Service ("FSS") on a primary basis, and ESVs are considered an application of the FSS. Despite their respective allocation priority, KVH undertakes to fully protect radio astronomy service from interference. 1.2 KVH plans to file an application with the FCC to operate up to six hundred (600) technically identical transmit/receive ESVs to operate in the 10.7 — 12.2 and 14.0 — 14.5 GHz frequency bands. 1.3 This agreement document has been developed to govern the use of all KVH ESVs operating in the Pacific Ocean region to ensure the protection of radio astronomy stations operations in the 14.47 to 14.5 GHz band. 1.4 The Electromagnetic Spectrum Management Unit (ESMU) of the National Science Foundation ("NSF") has the authority to negotiate and sign this agreement for the radio astronomy site listed in Section 2, and KVH has the authority to negotiate and sign this agreement on behalf of itself. 1.5 This agreement constitutes coordination under 47 CFR 25.222(e). / ‘ ESV receive operations in the 10.7—11.7 GHz "extended" Ku—band are permissible but conducted on an unprotected basis.

2. NSF supported Radio Astronomy Observatories Covered by this Agreement Only the radio astronomy site at Mauna Kea, Hawaii (latitude 19° 48‘ 05" N, longitude 155° 27 20" W) supported by NSF is included in this agreement. All other radio astronomy sites that utilize the 14.47 — 14.5 GHz band are sufficiently distant from KVH‘s planned Pacific Ocean region operational area so as to not require specific coordination to adequately protect these sites. NSF shall give KVH no less than two (2) months advance notice of changes in the status of existing sites, or of any additional radio astronomy site being brought into use in the 14.47 — 14.5 GHz band. In case of any change to the protected sites, either party may reopen this agreement to address issues arising in connection with such change. 3. Technical Operational Coordination Agreement NSF and KVH agree to the following: 3.1 The purpose of this agreement is to provide protection to the radio astronomy site identified in Section 2 in the 14.47 — 14.5 GHz band during periods of radio astronomy observations to the following aggregate pfd levels within that band: —187 dB(W/m*/Hz). 3.2 This agreement shall be reviewed on an annual basis by all parties signing this document beginning within one year after KVH has informed NSF of the start of service under an operational special temporary authorization or license. The purpose of this review is to assess the effectiveness of this agreement as well as to update as applicable this or successor operational coordination agreements. 3.3 Each party shall inform the other party in a timely manner of changes in the points of contact as defined in Section 5. KVH agrees to: 3.4 Prevent transmissions from any ESV that would exceed the threshold given in Section 3.1 above. Based on KVH‘s technical parameters and Section 25.222(e) of the FCC‘s ESV rules, KVH will achieve this by ensuring that the ESV terminals will not operate within an exclusion zone of 125 km around the Mauna Kea, Hawaii radio astronomy site during radio astronomy observations. 3.5 Respond, as expeditiously as practicable, to an NSF request for protection in accordance with Section 3.4 for observations of special transient celestial objects (comets, supernovae, and other celestial objects of heretofore unknown type) that are not anticipated by the schedule of Section 3.6, and that may need to be accommodated on shorter notice. Requests for such observations are not expected to exceed 40 hours per calendar year.

NSF agrees to: 3.6 Maintain an observation schedule for the band 14.47 — 14.5 GHz for the site listed in Section 2 and make this schedule available upon request to the designated KVH point—of— contact listed in Section 5.2. 3.7 Provide, through NRAO, full access to KVH representatives to data on interference that may be collected during observations that fall within the scope of this agreement. 4. Assignment and Termination 4.1 This agreement shall be binding upon the parties hereto and their respective successors and assigns. 4.2 This agreement may be terminated by the written mutual agreement of the parties, upon 6 months notice. 5. Points of Contact 5.1 Points of contact concerning this agreement. Name: Dr. Andrew W. Clegg Name: Felise Feingold _ Title: Program Director, ESMU Title: Vice President and General Counsel Organization: National Science Foundation Organization: KVH Industries, Inc. Address: 4201 Wilson Boulevard, Address: KVH Industries, Inc. Room 1045 50 Enterprise Center City State Zip: Arlington VA 22230 City State Zip: Middletown, RI 02842 Phone: (703) 292—4892 Phone: 1—401—845—8148 Fax: (703) 292—9034 Fax: 1—401—849—0045 E—mail: esm@nsf.gov E—mail: ffeingold@kvh.com 5.2 Contacts concerning the notification of radio astronomy observation schedules: Dr. Harvey Liszt Name: Brian Arthur Title: Spectrum Manager Title: Vice President, Product Development Organization: NRAO Organization: KVH Industries, Inc. Address: NRAQO | Address: KVH Industries, Inc. 520 Edgemont Road 50 Enterprise Center Charlottesville, VA 22903—2475 Middletown, RI 02842 Phone 434.296.0344 Phone 1—401—845—8153 Fax: 434.296.0278 Fax: 1—401—845—8116 E—mail: hliszt@nrao.edu E—mail: barthur@kvh.com

6. Signatures This Agreement is being made in good faith by both parties and is effective on the date on which the last party signs it. It may be executed in one or more counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. For the National Science Foundation For KVH Idustnes% By:___/ By: , _ V\M F4 U i V T J Name: Dr. Andrew W. Clegg Name: Felise Femgold Title: Program Director, ESMU Title: Vice President and General Counsel Date:_ 11 [ 20 l O% Date: \\/[(3]/0 Y


Document Created: 2008-11-24 11:33:12
Document Modified: 2008-11-24 11:33:12
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