Attachment Exhibit A, Narrative SES-LIC-20160218-00154

Attachment Exhibit A, Narrative

This document pretains to SES-LIC-20160218-00154 for License on a Satellite Earth Station filing.

IBFS_SESLIC2016021800154_1126780

Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

Placing the receive-only earth station in Alaska will reduce the signal latency of the
time-sensitive AIS data. It will also promote the local economy, as it will engage local
human and other resources in Fairbanks for the maintenance of the earth station and
terrestrial relay of the downlinked data.

1.4. Applicant’s Legal and Technical Qualifications

KSAT, of Tromsø, Norway, operates a global network of ground stations primarily for
satellite data acquisition and tracking and launch and early orbit phase services or
“LEOPS” under contract to commercial and government satellite operators around the
world. KSAT’s customers also include U.S. companies and U.S. Government agencies.
KSAT’s ground station network includes high-latitude stations in Norway (Spitsbergen,
Tromsø, Jan Mayen, Grimstad) and in Antarctica and mid-latitude stations (Dubai,
South Africa, Singapore and Mauritius). KSAT operates all the stations from its
headquarters at Tromsø, Norway, through the Tromsø Network Operations Center
(“TNOC”).

KSAT (and its predecessor) has been in the ground station business for over 20 years
and the company is considered a global leader in this industry.

KSAT is a limited liability commercial stock company, organized under the laws of
Norway. The company’s executive management includes the following individuals:

Name Position Citizenship

Rolf Skatteboe CEO Norwegian

Arnulf Kjeldsen COO Norwegian

Alf Eirik VP and Treasury Norwegian

KSAT is jointly owned by Kongsberg Defence and Aerospace ASA (50%) and Space
Norway AS (50%). Kongsberg Defence and Aerospace AS is a wholly-owned subsidiary
of Kongsberg Gruppen ASA, which is listed on the Oslo Stock Exchange. The
Norwegian Government owns 50.001% of the shares in Kongsberg Gruppen ASA; it
owns 100% of Space Norway AS through the Norwegian Ministry of Trade, Industry
and Fisheries.

Granting a license to KSAT is consistent with Section 310(a).5 The Commission has
interpreted Section 310(a) to permit indirect foreign government ownership in a

5 47 U.S.C. § 310 (2014).
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

licensee. It has said that “Section 310(a), however, does not expressly prohibit indirect
foreign government control of licensees.”6 The Norwegian government’s ownership
interest in KSAT is indirect and highly attenuated and therefore does not contravene
Section 310(a).

Consistent with its interpretation of Section 310(a),7 and by way of example, in 2001, the
Commission authorized8 the assignment of ground station licenses (which included
common carrier licenses) to a Norwegian company, Telenor ASA, via its U.S. subsidiary,
Telenor Satellite Inc.9 – despite the 79% Norwegian government ownership in Telenor
ASA.10 (The license assignments were needed in connection with the acquisition of
certain earth stations and other assets from Comsat/Lockheed Martin.11) The
Commission authorized the assignment to Telenor even though the assignment
involved Section 214 licenses.12

KSAT is a commercial company entirely with transactions based solely on commercial
considerations. The transaction for which the requested license is needed is all-
commercial: KSAT is under a contract to the Canadian private company, exactEarth, to
provide earth station support globally for the exactEarth Satellite system.

6 See Review of Foreign Ownership Policies for Common Carrier and Aeronautical Licenses, 26 FCC
Rcd. 11703, 11709 (Aug. 9, 2011); Application of VoiceStream Wireless Corporation, Powertel, Inc.,
Transferors, and Deutsche Telekom AG, Transferee, for Consent to Transfer Control of Licenses and
Authorizations Pursuant to Sections 214 and 310(d) of the Communications Act and for Declaratory
Ruling Pursuant to Section 310 of the Communications Act, IB Docket No. 00-187, Memorandum
Opinion and Order, 16 FCC Rcd. 9779 (2001) (“DT-VoiceStream Order”).
7 See Review of Foreign Ownership Policies for Common Carrier and Aeronautical Radio Licensees
under Section 310(b)(4) of the Communications Act of 1934, as Amended, IB Docket No. 11-133,
Second Report and Order, FCC 13-50, ¶ 8 (Apr. 18, 2013) (quoting DT-VoiceStream Order, supra note 6,
¶¶ 41-42) (explaining why Section 310(a) must allow indirect foreign government ownership when
Section 310(b)(4) does so even for common carrier licensees).
8 In the Matter of Lockheed Martin Global Telecommunications, et al., Applications for Assignment of
Section 214 Authorizations, Private Land Mobile Radio Licenses, Experimental Licenses, and Earth
Station Licenses, Order and Authorization, FCC 01-369 (rel. Dec. 18, 2001) (“Telenor Order”).
9 Telenor Order, supra note 8, ¶ 1 (granting the application “to assign certain Title II common carrier
authorizations and Title III radio licenses held by Comsat to Telenor Satellite.”).
10 See Telenor Order, supra note 8, ¶ 48 n.140 (“Telenor Satellite is subject to the ultimate control of a
corporation of which approximately 79% is owned by a foreign government . . . .”).
11 In that case, a Telenor subsidiary, Telenor Satellite Services Holdings, Inc. (“TSSH”) itself a Delaware
corporation, set up another Delaware corporation, Telenor Satellite, Inc., specifically to hold the FCC
licenses.
12 Telenor Order, supra note 8, ¶ 1
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

1.5. Earth Station Frequency Bands

The proposed earth station will acquire AIS data from the Satellite (via feeder links) in
the following frequencies:

Center Freq. Lower Freq. Upper Freq. Bandwidth International Domestic
(MHz) (MHz) (MHz) (MHz) Allocation Allocation
5183 5167.5 5198.5 31 RR, fn. 5.447B No; need waiver

1.5.1. International Allocations

The 5150–5216 MHz band has been allocated internationally for non-geostationary
mobile satellite service (“MSS”) feeder links through footnote 5.447B, which provides as
follows: “[T]he band 5150–5216 MHz is also allocated to the fixed-satellite service
(space-to-Earth) on a primary basis. This allocation is limited to feeder links of non-
geostationary-satellite systems in the mobile-satellite service and is subject to provisions
of No. 9.11A.”13

The footnote applies here because: (i) The frequencies used (5167.5–5198.5 MHz) are
within the band segment addressed by the footnote; (ii) the frequencies are used for
feeder links; (iii) the Satellite is a non-geostationary satellite; and (iv) the Satellite is
operating in the MSS bands as it is being used for satellite AIS detection in the 161.9625–
161.9875 MHz (AIS-1) and 162.0125–162.0375 MHz (AIS-2) bands.14 (See Section
2.2.2(d), below, for a list of the Satellite’s relevant operating frequencies.) In compliance
with footnote 5.447B and the authorization issued to exactEarth by the Canadian
government,15 the Satellite has undergone coordination as required by ITU RR 9.11A.16
The Satellite operation has been registered with the ITU for these downlink frequencies.
See Exhibit B, Technical Supplement.

13 ITU Radio Regulations, art. 5, note No. 5.447B.
14 ITU 2012 Radio Regulations, Appx. 18, Specific Note p (“Additionally, AIS 1 [161.975 MHz] and AIS 2
[162.025 MHz] may be used by the mobile-satellite service (Earth-to-space) for the reception of AIS
transmissions from ships.”). See also ITU 2012 Radio Regulations, Appx. 18, Specific Note s
(“Channels 75 [156.775 MHz] and 76 [156.825 MHz] are also allocated to the mobile-satellite service
(Earth-to-space) for the reception of long-range AIS broadcast messages from ships . . . .”).
15 exactEarth Conditions for Approval in Principle of the ADS Satellite Network — Industry Canada,
Spectrum Management and Telecommunication, Industry Canada (May 2, 2014) (amended October
22, 2015), http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf10818.html (last visited Nov. 20, 2015)
(“Canada Conditions for Approval”), sec. A(4) (“The satellites must be successfully notified to the
ITU.”).
16 See ITU RR 9.11A (“[F]or a station for which the requirement to coordinate is included in a footnote to
the Table of Frequency Allocations referring to this provision, the provisions of Nos. 9.12 to 9.16 are
applicable”).
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

of the earth station will not cause interference; nor does KSAT request protection from
interference. The downlink serves the public interest by providing timely access to AIS
data.

1.5.3. Coordination with Federal Users

The 5150-5250 MHz band is also allocated domestically to aeronautical radionavigation
on a primary basis for federal uses. KSAT respectfully requests the Commission’s
assistance in coordinating with the National Telecommunications and Information
Administration, as necessary.

1.6. The Receive-Only Earth Station and Remote Control Point

1.6.1. The Station

The proposed receive-only earth station will be hosted at Iridium’s Alaska Ground
Station in Fairbanks, Alaska, located at 900 Bidwell Avenue, Fairbanks, AK 99701.
exactEarth will own the earth station antenna, consisting of the following equipment: A
5-meter C-band receive-only parabolic antenna, which KSAT has procured on
exactEarth’s behalf. The antenna is manufactured by Kongsberg Spacetec AS. While
this model of antenna, “MEOS,” is a standard make for other frequency bands, the C-
band receive antenna to be used here is customized for the exactEarth application.

Iridium will provide the antenna structure, electrical power, network connection, and
on-site maintenance and installation services, as well as related equipment racks in
controlled indoor space under subcontract to KSAT, which will operate the earth station
remotely from its TNOC in Tromsø, Norway.

The antenna will be covered by a radome. The total antenna structure height is 8.5
meters above ground level.22 While the antenna structure exceeds 6.1 meters, no prior
FAA notification is required pursuant to 47 C.F.R. § 25.115(j) because the antenna
structure will be shielded by existing permanent and substantial structures of greater
height (including several adjacent structures that reach 13 meters in height or more23).

22 All references to height in “meters” in this paragraph should be interpreted as “meters above ground
level.”
23 See 47 C.F.R. § 17.7(e)(1) (exempting FAA notification for “[a]ny object that will be shielded by
existing structures of a permanent and substantial nature . . . of equal or greater height, and will be
located in the congested area of a city, town, or settlement where the shielded structure will not
adversely affect safety in air navigation”). There are several existing structures near the proposed
earth station site that are of a permanent and substantial nature: (1) Iridium has five existing antenna
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

No intentional radio transmissions or emissions will occur from the earth station. AIS
data received by the station will be relayed directly over the internet to exactEarth’s
facility in Cambridge, Ontario.

1.6.2. Remote Control Point – A Response to Question E17

The receive-only earth station antenna will be operated remotely by KSAT from its
TNOC in Tromsø, Norway. KSAT will communicate with the antenna over the internet
using a secure VPN connection. The Commission has authorized foreign remote
control of U.S. earth stations in several instances. For example, the Commission
authorized Emerging Market Communications, L.L.C. to operate its U.S. earth station
(hosted by Hawaii Pacific Teleport) from a remote control point in Buenos Aires,
Argentina (EMC’s network operations center).24

KSAT will comply with Section 25.272 of the Commission’s rules, including the
requirement in section 25.272(d)(1) to “ensure that there is continuously available
means of communications between the satellite network control center and the earth
station operator or its remote control point.”

1.6.3. Points of Contact

KSAT’s TNOC can be reached 24/7 at +47 77 60 02 68. Iridium’s POC at the site is Ed
Greife, phone number (907) 451-9841. Iridium’s Satellite Network Operations Center
(SNOC) can be contacted 24/7 for emergency support if needed at (703) 724-8300.

1.7. The Foreign Satellite

The Satellite is operated by exactEarth and used for AIS detection service in the
161.9625–161.9875 MHz (AIS-1) and 162.0125–162.0375 MHz (AIS-2) bands. The
Satellite was launched on July 22, 2012 and is operated under licenses issued by the
Canadian government as follows and renewed as needed:

(a) Radio License, Industry Canada (license no. 5124222) (Nov. 18, 2014); and
(b) ExactEarth Conditions for Approval in Principle of the ADS Satellite Network —
Industry Canada, Spectrum Management and Telecommunication, Industry

structures at the site that are approximately 13 meters high; (2) adjacent power lines located
approximately 10 meters away from the proposed antenna structure are approximately 9 meters high;
(3) a neighboring parking garage, located within 100 meters, is about 9 meters high; and (4) a
telecommunications tower, located about 200 meters away, is approximately 40 meters in height.
24 Emerging Markets Communications, L.L.C. Modification Request to Change Remote Control Point
for Earth Station (E000127), FCC IBFS File No. SESMOD2010080300983 (granted Sept. 16, 2010).
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

Canada (May 2, 2014) (amended October 22, 2015) (“Canada Conditions for
Approval”)

(“Canadian Licenses”). See Exhibit C, Canadian Licenses.

The Satellite will downlink AIS data (received from marine vessels in the mobile-
satellite service) to the Fairbanks earth station using the 5167.5–5198.5 MHz band
(space-to-Earth). KSAT does not seek authority for any other frequencies used by the
Satellite.

1.8. Section 304 Waiver Statement

Pursuant to Section 304 of the Communications Act, 47 U.S.C. § 304, KSAT hereby
waives any claim to the use of any particular frequency or of the electromagnetic
spectrum as against the regulatory power of the United States because of the previous
use of the same, whether by license or otherwise.

2. INFORMATION ON THE NON-U.S. LICENSED SATELLITE OPERATION
PURSUANT TO 47 C.F.R. §§ 25.131(c) AND 25.137: A RESPONSE TO
QUESTION 42a

KSAT provides this information in conformity with 47 C.F.R. §§ 25.131(c) and 25.137 for
its proposed receive-only earth station to receive signals from the Satellite.

2.1. DISCO II Showing – Section 25.137(a)

The Commission considers requests to operate U.S. earth stations with non-U.S.
licensed satellites in accordance within the framework established in the DISCO II
Order.25 Under the procedures relevant to KSAT established in the DISCO II Order, “a
prospective U.S. earth station operator seeking to communicate with the non-U.S. space
station must file an application for an initial earth station license, listing the non-U.S.
space station as a ‘point of communication,’ and demonstrating that the space station
meets all applicable Commission requirements.”26 As part of the DISCO II framework,
the Commission considers: “[T]he effect on competition in the United States, spectrum
availability, eligibility and operating requirements, as well as national security, law

25 Amendment of the Commission’s Regulatory Policies to Allow Non-U.S. Licensed Space Stations to
Provide Domestic and International Service in the United States, Report and Order, FCC 97-398, 12
FCC Rcd. 24094 (1997) (“DISCO II Order”). See also Amendment of the Commission’s Regulatory
Policies to Allow Non-U.S. Licensed Space Stations to Provide Domestic and International Satellite
Service in the United States, 15 FCC Rcd. 7207 (1999) (“DISCO II Recon Order”).
26 DISCO II Recon Order, supra note 25, ¶ 5. See generally 47 C.F.R. § 25.137.
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

enforcement, and trade and foreign policy concerns.”27 As discussed in sections 2.1.1–
2.1.3 and 2.2, below, KSAT satisfies the DISCO II criteria for obtaining the Commission’s
authorization to communicate with the exactEarth Satellite using the proposed receive-
only earth station in Fairbanks, Alaska.

2.1.1. Competitive Aspects

In the DISCO II Order, the Commission adopted a rebuttable presumption in favor of
U.S. market entry for non-U.S. licensed satellites authorized by WTO member countries,
on the assumption that the commitments by those countries under the WTO Basic
Telecommunications Agreement are sufficient to ensure competition in the
marketplace.28 Reception of exactEarth Satellite signals falls within the DISCO II
framework and the rebuttable presumption applies for the following reasons: First, the
exactEarth Satellite is authorized by Canada,29 a WTO member.30 Second, MSS is
covered under the WTO Basic Telecommunications Agreement as a Basic
Telecommunications Service,31 and satellite-based reception of AIS signals from ships is
a form of MSS.32 Accordingly, the DISCO II requirements have been satisfied. As

27 DISCO II Order, supra note 25, ¶ 7.
28 See DISCO II Order, supra note 25, ¶ 44 (“As proposed, we will apply the rebuttable presumption
paradigm to a satellite system licensed by any WTO Member, including Members that did not make
specific market access commitments for satellite services.”). See Space Imaging Order, supra note 23; see
also Application of Inmarsat Mobile Networks, Inc. to Operate a Fixed-Satellite Service Gateway Earth
Station Facility in Lino Lakes, Minnesota with the Inmarsat-5 F2 Space Station, Order and
Authorization and Declaratory Ruling, FCC, DA 15-392, ¶ 6 (released Mar. 30, 2015) (“Inmarsat
Order”) (“In the DISCO II Order, the Commission established a rebuttable presumption that entry by
non-U.S. space stations licensed by WTO Members to provide services covered by the U.S.
commitments under the WTO Agreement on Basic Telecommunications Services will further
competition in the United States.” (emphasis in original)).
29 See 47 C.F.R. § 25.137(a)(2) (obviating the need for an analysis of competitive opportunities “with
respect to requests for authority to operate using a non-U.S. licensed satellite that is licensed by . . . a
country that is a member of the [WTO] for services covered under the World Trade Organization
Basic Telecommunications Agreement”).
30 Understanding the WTO: Members and Observers, WORLD TRADE ORGANIZATION,
https://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm (last visited Nov. 17, 2015).
31 Under the WTO Basic Telecommunications Agreement, the United States has committed to open
markets for all basic telecom services, including satellite services, with the exception of Direct
Broadcast Satellite (“DBS”) services, Direct-to-Home (“DTH”) services, and Digital Audio Radio
Services (“DARS”). See, e.g., General Agreement on Trade in Services, The United States of America
Schedule of Specific Commitments, Supplement 2, GATS/SC/90/Suppl.2 (Apr. 11, 1997), available at
https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm.
32 ITU 2012 Radio Regulations, Appx. 18, Specific Note p (“Additionally, AIS 1 [161.975 MHz] and AIS 2
[162.025 MHz] may be used by the mobile-satellite service (Earth-to-space) for the reception of AIS
transmissions from ships.”). See also ITU 2012 Radio Regulations, Appx. 18, Specific Note s
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

provides additional technical information, including antenna gain pattern and power
flux density levels, which is also included within Exhibit B.

KSAT does not request authorization for any other frequencies.

2.1.3. National Security and Foreign Policy Issues

Granting this earth station application to operate with the exactEarth Satellite,
authorized by the Canadian government, is consistent with the national security and
foreign policy interests of the United States. exactEarth makes the satellite AIS data
available under contract to the U.S. government, including to the U.S. Coast Guard and
the National Oceanic and Atmospheric Administration. AIS data serves a critical
function by improving maritime situational awareness and enhancing maritime safety
and port security. The reception of AIS data by the proposed earth station is consistent
with international agreements. The International Convention for the Safety of Life at
Sea, to which the U.S. is a party, mandates that vessels of certain tonnage be equipped
with AIS and the ITU Radio Regulations have long recognized the merits of satellite AIS
by providing allocations for the service.

2.2. exactEarth Satellite: Legal and Technical Information – Section 25.137(b)

2.2.1. Legal Information

Pursuant to Section 25.137(b) of the Commission’s rules, KSAT provides the following
information on the Part 25 legal requirements, including information requested in
Section 25.114, for the Satellite owner and operator, exactEarth, Ltd. exactEarth is
organized under Canadian law. The company is owned jointly by COM DEV
International Ltd., of Ontario, Canada, and Hisdesat Servicios Estrategicos S.A. of
Madrid, Spain. The following is legal information on exactEarth:

(a) exactEarth Address and Telephone Number.35 60 Struck Court, Cambridge, Ontario,
Canada N1R 8L2; tel. +1 519-622-4445.

(b) Regulatory Status.36 The exactEarth Satellite is operated on a non-common carrier
basis.37

(c) Basic Qualifications.38 The answer to each of the basic qualifications Questions 36-
39 on FCC Form 312, Main Form, is "No." In response to FCC Form 312 Question

35 See FCC Form 312, Questions 1-8.
36 See FCC Form 312, Question 21; 47 C.F.R. § 25.114(c)(11).
37 47 U.S.C. § 153(11).
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

40, as of Third Quarter 2015, COM DEV International Ltd., of Ontario, Canada,
and Hisdesat Servicios Estrategicos S.A. of Madrid, Spain, each owns more than
10% of the voting stock of exactEarth.39 The company is not subject to denial of
Federal benefits for reasons described in Question 41 of FCC Form 312.

(d) Coordinating Administration.40 The exactEarth Satellite is authorized by the
government of Canada, which is the ITU coordinating administration
responsible for the exactEarth Satellite’s operations.

(e) Public Interest Considerations.41 Public interest considerations supporting grant of
this applications are set forth in section 1.3, above.

(f) Milestones, Bond and Related Requirements.42 The Satellite, which was launched on
July 22, 2012, is in orbit and in service. Thus, this application does not raise
issues relating to milestones or the posting of bonds under section 25.137(d)
because the milestone and bond requirements do not apply to satellites already
in orbit.

2.2.2. Technical Information

Section 25.137(b) requires the provision of “technical information for the non-U.S.-
licensed space station of the kind that § 25.114 would require in a license application for
that space-station, including but not limited to, information required to complete
Schedule S.” Schedule S is included with this application, and this section and Exhibit
B, Technical Supplement, augment that information:

(a) General description of the Satellite (§ 25.114(d)(1)). The Satellite is one among several
existing and planned satellites operated by exactEarth for AIS detection. The
Satellite was built by Surrey Satellite Technology Ltd. of the United Kingdom.

(b) Lifetime (§ 25.114(c)(10)). The Satellite was launched by a Soyuz launch vehicle from
Baikonur, Kazakhstan on July 22, 2012. The satellite has a design life of 5 years.

(c) Satellite orbit information (§ 25.114(c)(6)). The Satellite is a non-geostationary satellite.
Schedule S for the Satellite included in this application provides relevant orbital

38 See FCC Form 312, Questions 36-41.
39 See 3Q 2015 exactEarth LTD. Management’s Discussion and Analysis, available at
http://investors.exactearth.com/financial-documents.
40 See FCC Form 312, Question 42b.
41 See 47 C.F.R. § 25.114(d)(6).
42 See 47 C.F.R. § 25.137(d).
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

information, including (i) number of space stations and orbital planes; (ii) the
inclination of the orbital plane; (iii) the orbital period; (iv) the apogee; (v) the
perigee; (vi) the argument of the perigee; (vii) active service arc;43 (viii) right
ascension of the ascending node, and (ix) for each satellite in each orbital plane, the
initial phase angle at the reference time.44

(d) Frequencies (§ 25.114(c)(4), § 25.114(c)(7)). The Satellite operates pursuant to its
Canadian Licenses in the following frequency bands:

International Domestic
Frequency Bands (MHz) Usage Description
Allocation Allocation
161.9625–161.9875 MHz (AIS-1) Receive AIS signals Yes Yes
162.0125–162.0375 MHz (AIS-2) Receive AIS signals Yes Yes
5150-5250 MHz (space to Earth) Downlink AIS data Yes No

Only the bottom row is relevant to this application, and the portion of the band used
is: 5167.5-5198.5 MHz. See Schedule S and Exhibit B, Technical Supplement, for
additional details on the frequencies used by the Satellite. KSAT is not seeking
authorization for any other frequencies.

(e) Power Flux Density Levels (§ 25.114(c)(8)). The power flux-density requirements in
footnote 5.447B45 will be observed as they are a requirement of the Canadian
Licenses.46

(f) Tracking, Telemetry and Control Arrangements (§ 25.172). The primary telemetry,
tracking, and control (TT&C) for operations of the Satellite is handled through a
ground station in Surrey, UK. In addition, KSAT’s TNOC facility in Tromsø,
Norway, serves as a satellite network operations center.

43 Not applicable to the Satellite.
44 Not applicable to the Satellite.
45 See ITU Radio Regulations, art. 5, note No. 5.447B (“The power flux-density at the Earth’s surface
produced by space stations of the fixed-satellite service operating in the space-to-Earth direction in
the band 5150–5216 MHz shall in no case exceed –164 dB (W/m2) in any 4 kHz band for all angles of
arrival”).
46 Canada Conditions for Approval, sec. A(18) (“In the band 5150-5216 MHz the power flux-density at
the Earth’s surface produced by space stations of the fixed-satellite service operating in the space-to-
Earth direction shall not exceed -164 dB(W/m2) in any 4 kHz band for all angles of arrival.”).
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

(g) Physical Characteristics of the Space Station

The Satellite was manufactured by Surrey Satellite Technology Ltd., of the U.K., with
a mass at lift-off approx. 87.7 kg including fuel, End-of-Life power at equinox of
approx. 57 W. See Exhibit B, Technical Supplement for additional details.

(h) Coordination Considerations. The Satellite is notified and recorded in the ITU’s Master
International Frequency Register as part of the ADS satellite network. See Exhibit B,
Technical Supplement for the ITU registration information. The Satellite operates on
a non-interference basis as required by the Canada Conditions for Approval.47

(i) Orbital Debris (§ 25.114(d)(14)).

The Commission’s rules require “[a] description of the design and operational
strategies that will be used to mitigate orbital debris . . . . For non-U.S.-licensed
space stations [such as the Satellite], the requirement to describe the design and
operational strategies to minimize orbital debris risk can be satisfied by
demonstrating that debris mitigation plans for [the Satellite] are subject to direct and
effective regulatory oversight by the national licensing authority.”48

exactEarth is required by the Canada Conditions for Approval to take the following
measures: “The licensee, at the end-of-life of the satellite, must implement space
debris mitigation measures in accordance with best industry practices so as to
minimize adverse effects on the orbital environment.”49 Thus, operations with the
exactEarth Satellite will satisfy the Commission’s rules as exactEarth is subject to the
“direct and effective regulatory oversight” of its national licensing authority under
its Canadian Licenses.

2.3. Processing Rules – Section 25.137(c): A Request for a Waiver

The Commission applies a modified processing round procedure for NGSO-like space
station applications, because “NGSO systems generally cannot operate on the same
spectrum without causing unacceptable interference to each other.” KSAT requests a
waiver of these procedures in favor of a first-come, first-served approach as used for
GSO-like systems, because the rationale for applying the NGSO procedures does not
apply here. See section 3.2, below.

47 Canada Conditions for Approval, sec. 19.
48 47 C.F.R. § 25.114(d)(14)(v).
49 Canada Conditions for Approval, sec. 21.
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

3. JUSTIFICATION OF WAIVER REQUESTS: A RESPONSE TO QUESTION 35

KSAT requests two waivers: for non-conforming domestic frequency use; and of the
default processing rules for non-geostationary satellites.

The Commission may waive any of its rules if there is “good cause” to do so. 50 In
general, a waiver is appropriate if: (i) Special circumstances warrant a deviation from
the general rule; and (ii) such deviation would better serve the public interest than
would strict adherence to the general rule.51 Generally, the Commission will grant a
waiver of its rules in a particular case if the relief requested would not undermine the
policy objective of the rule in question and would otherwise serve the public interest.52
KSAT submits that good cause exists for the Commission to waive its rules in this case,
as explained below.

3.1. Waiver for Nonconforming Use of Frequencies

As explained in section 1.5.1, above, the 5150–5216 MHz band – which includes the
proposed downlink band (5167.5–5198.5 MHz) – has been allocated internationally for
non-geostationary MSS (which includes satellite AIS) space-to-Earth feeder links
through footnote 5.447B. No such allocation exists in the Domestic Table of Frequency
Allocations.53 Accordingly, KSAT requests a waiver of Section 2.102 of the
Commission’s rules54 to permit the proposed nonconforming use of the 5167.5–5198.5
MHz band.

Good cause for a waiver exists here. First, the reception at the proposed earth station
has no potential for causing interference. The downlink from the Satellite itself will also
not cause interference because (i) its operations have been registered and coordinated
with the ITU; (ii) it has coordinated its operations with Globalstar, the only other
licensee found to be operating in the 5150–5250 MHz band in Alaska; and (iii) the
operation complies with the power flux density limits imposed by footnote 5.447B of
the ITU Radio Regulations. See Exhibit B, Technical Supplement.

The Commission has stated that it is inclined to grant waivers where there is little
potential for interference: “[I]n considering requests for non-conforming spectrum

50 See 47 C.F.R. § 1.3; see also Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990); WAIT
Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972).
51 Northeast Cellular, 897 F.2d at 1166.
52 WAIT Radio, 418 F.2d at 1157.
53 See supra note 21 and accompanying text.
54 47 C.F.R. § 2.102(a) (requiring compliance with the U.S. Table of Frequency Allocations in 47 C.F.R.
§ 2.106).
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

uses, the Commission has indicated it would generally grant such waivers ‘when there
is little potential for interference into any service authorized under the Table of
Frequency Allocations and when the non-conforming operator accepts any interference
from authorized services.’”55 The Commission has stated repeatedly that where a
station is merely receiving existing signals, as is the case here, there is no risk of
additional interference.56 KSAT does not seek protection from interference.

Second, the public interest is served by increasing the availability and timeliness of AIS
data, which the earth station facilitates. The societal benefits of AIS are discussed in
Section 1.3, above, and include maritime situational awareness, maritime safety and
port security, among others.

3.2. Waiver of Default Processing Rules

The Commission has adopted a modified processing round procedure for NGSO-like
space station applications,57 because “NGSO systems generally cannot operate on the
same spectrum without causing unacceptable interference to each other.”58 KSAT
requests a waiver of this default rule for its application to receive downlinked AIS data
at the proposed receive-only earth station in Alaska, and requests that the Commission
instead apply the first-come, first-served procedure used for GSO-like systems, as
outlined in Section 25.158.59

55 contactMEO Communications, LLC, 21 FCC Rcd. 4035, at ¶ 25 (released Apr. 14, 2006). See also
Orbcomm License Corp., supra note 33, ¶ 15 (“The Commission may grant a waiver of the Table of
Allocations for non-conforming uses of spectrum when there is little potential for interference into
any service authorized under the Table of Allocations.”).
56 See, e.g., Orbcomm License Corp., supra note 33, ¶ 15 (“Because Orbcomm will only receive existing
AIS signals transmitted by maritime vessels, there is no risk of additional interference.”). See, e.g.,
Comprehensive Review of Licensing and Operating Rules for Satellite Services, Notice of Proposed
Rulemaking, IB Docket No. 12-267, FCC 12-117, ¶ 88 (rel. Sept. 28, 2012) (“Receive-only stations
cannot cause interference, whether or not their antennas meet the [performance] standards in
Sections 25.209(a) and (b).”).
57 47 C.F.R. § 25.137(c) (“A non-U.S. licensed NGSO-like satellite system seeking to serve the United
States can be considered contemporaneously with other U.S. NGSO-like satellite systems pursuant to
§ 25.157 . . . if the non-U.S. licensed satellite system is: (1) In orbit and operating; (2) Has a license
from another administration; or (3) Has been submitted for coordination to the [ITU].”).
58 Amendment of the Commission’s Space Station Licensing Rules and Policies, First Report and Order,
IB Docket No. 02-34, 18 FCC Rcd. 10760, 10773 ¶ 21 (2003) (“First Space Station Licensing Reform
Order”). See also Space Imaging, LLC, Declaratory Order and Order and Authorization, FCC DA 05-
1940 (July 6, 2005) (“Space Imaging Order”), at ¶ 3 (quoting First Space Station Licensing Reform Order).
59 47 C.F.R. § 25.158.
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Exhibit A – Narrative Supplement
FCC Form 312
Kongsberg Satellite Services AS

Granting the waiver is justified because the rationale for the default NGSO processing
round does not apply here. The proposed downlink will not cause unacceptable
interference; exactEarth has coordinated its operations in the 5150–5250 MHz band with
Globalstar, the only NGSO licensee found to be operating in this band in Alaska. The
downlink will occur only during brief intervals when the satellite is visible to the Alaska
Earth station. Furthermore, the Satellite has been coordinated and registered with the
ITU and is required by the Canadian Licenses to be operated on a non-interference
basis. Accordingly, the proposed operation does not preclude other NGSO operations
in this band in Alaska.

The Commission has said it is inclined to grant a waiver where there is “little potential
for interference.”60 It has also stated that “it is in the public interest to adopt a first-
come, first-served procedure for as many types of satellite applications as possible,
except in circumstances where licensing the first applicant to operate in a certain
frequency band would prevent other applicants from using that spectrum.”61 Here the
rationale for applying the NGSO processing round procedure does not apply, so the
Commission may apply the first come, first served procedure.

In Space Imaging, LLC, the Commission granted a waiver of the NGSO processing round
procedure in favor of a first-come, first-served approach for similar reasons.62 The
Commission agreed that because the proposed operation did not preclude other EESS
systems in the same band, it was not necessary to subject Space Imaging to a modified
processing round procedure and that public interest was supported by a first-come,
first-served approach; thus, the Commission concluded that applying such an approach
would, “exped[ite] service to the public.”63

Applying a first-come, first-served approach to KSAT’s application will ensure will
promote timely availability of critical AIS data.

4. CONCLUSION

As demonstrated above, KSAT meets the legal and technical requirements for obtaining
the requested receive-only earth station license under Title III of the Communications
Act of 1934, as amended, and the Commission’s rules, and the grant of this application
is in the public interest.

60 See contactMEO Communications, LLC, supra note 55.
61 Space Imaging Order, supra note 58, at ¶ 4; First Space Station Licensing Reform Order, supra note 58, at
10793 ¶ 74.
62 Space Imaging Order, supra note 58.
63 Id.
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Document Created: 2016-02-18 18:46:31
Document Modified: 2016-02-18 18:46:31

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