Permit But Disclose

REQUEST submitted by ViaSat, Inc.

Request for Permit But Disclose Status

2012-09-07

This document pretains to SES-LIC-20120427-00404 for License on a Satellite Earth Station filing.

IBFS_SESLIC2012042700404_965546

555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004-1304 Tel: +1.202.637.2200 Fax: +1.202.637.2201 www.lw.com FIRM / AFFILIATE OFFICES Abu Dhabi Moscow Barcelona Munich Beijing New Jersey Boston New York Brussels Orange County September 7, 2012 Chicago Paris Doha Riyadh Dubai Rome VIA ELECTRONIC FILING Frankfurt San Diego Hamburg San Francisco Hong Kong Shanghai Ms. Marlene H. Dortch Houston Silicon Valley London Singapore Secretary Los Angeles Tokyo Federal Communications Commission Madrid Washington, D.C. 445 12th Street, SW Milan Washington, DC 20554 Re: Request to Designate Proceeding as "Permit But Disclose" EXPEDITED PROCESSING REQUESTED ViaSat, Inc., File Nos. SES-LIC-20120427-00404; SES-STA-20120815- 00751, Call Sign E120075 Dear Ms. Dortch: ViaSat, Inc. (“ViaSat”) respectfully requests that the Commission designate as “permit but disclose” the ex parte status of the above-referenced application proceedings, which involve ViaSat’s request for authority to operate transmit/receive earth station terminals mounted on aircraft to provide in-flight broadband communications using the 28.35-29.1 GHz and 29.5-30.0 GHz bands for uplink communications and the 18.3-19.3 GHz and 19.7-20.2 GHz bands for downlink communications (“Application”), including a request for special temporary authority to operate five such terminals while the Application is pending (“STA Request”). The Commission has discretion to modify the application of its ex parte rules in any particular proceeding where, as here, the public interest warrants doing so. 1 On September 5, 2012, Row 44, Inc. (“Row 44”) filed a petition to deny the STA Request. The STA Request incorporates by reference information in the Application, and Row 44 has indicated that it intends to comment on the Application at the appropriate time. Designating the STA Request and Application proceedings as “permit-but-disclose” under Section 1.1206 of the Commission’s rules, rather than “restricted” under Section 1.1208 of the rules, 2 will permit the parties to discuss the issues presented in the Application, the STA Request and Row 44’s petition, and to resolve any potential concerns of Commission staff. Such informal ex parte discussions will simplify and expedite processing of the Application and the 1 47 C.F.R. § 1.1200(a). 2 See 47 C.F.R. §§ 1.1206, 1.1208. DC\2298751.1

Ms. Marlene H. Dortch September 7, 2012 Page 2 STA Request. The parties would of course be subject to the disclosure requirements of any ex parte presentations. Moreover, the free exchange of views made possible by “permit but disclose” status would allow for a more complete record. Grant of this request would be consistent with the Commission’s precedent involving similar application proceedings in which the Commission concluded that the public interest required designation of the underlying proceeding as “permit- but-disclose.” 3 Row 44 has indicated that it would not object to the Commission derestricting these proceedings. In light of the timeframe in which ViaSat requires a grant of the STA Request, ViaSat respectfully requests that the Commission act on the instant request on an expedited basis and immediately designate these proceedings as “permit-but-disclose” under Section 1.1206 of the Commission’s rules. Respectfully submitted, /s/ John P. Janka Elizabeth R. Park cc: Roderick Porter Gardner Foster Robert Nelson Andrea Kelly Paul Blais David Keir, counsel to Row 44, Inc. 3 See, e.g., Change in Ex Parte Status, Row 44 Inc. Applications related to Call Sign: E080100, File Nos. SES-LIC-20080508-00570, SES-AMD-20080619-00826, SES-STA- 20080711-00928, SES-STA-20080811-01049, SES-AMD-20080819-01074, SES-AMD- 20080829-01117, SES-STA-20080903-01141 (Sept. 19. 2008). DC\2298751.1


Document Created: 2012-09-07 16:37:26
Document Modified: 2012-09-07 16:37:26
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