Attachment ExhANarrativeV1

This document pretains to SES-MFS-20170825-00955 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2017082500955_1266508

                                                          Exhibit A – Narrative Supplement
                                                   FCC Form 312 – Modification Application
                                                   Applicant: Kongsberg Satellite Services AS
                                                                         Call Sign: E160028

Kongsberg Satellite Services AS (“KSAT”) submits this narrative supplement to its
application (FCC Form 312 Main Form, Schedule B and Schedule S) for authority to
modify the license for its receive-only earth station in Fairbanks, Alaska (call sign
E160028) (“Station”), SES-LIC-20160218-00154, granted February 14, 20171 (“Station
License”). KSAT seeks to add an additional point of communication: a non-U.S.
licensed (Canadian) space station. The Station will receive data transmissions from that
space station on a non-interference basis. The Station will not transmit and will operate
on a non-common carrier basis. KSAT seeks no other changes to the Station License.
The narrative contains three main sections:

       Section 1 describes the nature of the request and service to be provided (Main
       Form, Question 43) and the KSAT remote control point (Schedule B, Question
       E17), and sets forth KSAT’s legal and technical qualifications and a public interest
       statement.

       Section 2 provides information on the non-U.S. licensed satellite operation in
       response to Main Form, Question 42a, and pursuant to 47 C.F.R. §§ 25.131(c) and
       25.137.

       Section 3 provides justification for granting the following waiver requests in
       response to Main Form, Question 35: (i) Waiver of non-conformance with
       domestic allocation; and (ii) waiver of non-geostationary satellite default
       processing rounds.

1. NATURE OF THE APPLICATION AND SERVICES: A RESPONSE TO
   QUESTIONS 43 AND E17

    1.1. Request for Authorization

KSAT submits this information pursuant to 47 C.F.R. §§ 25.102, 25.117 and 25.131(j)(1) in
support of its application to modify the Station License to add as a point of
communication the Canadian-owned and licensed non-geostationary satellite called,
Maritime Monitoring and Messaging Microsatellite (“M3MSat”), also known as
exactView-7 (“EV7”) (“Satellite”).


1   Kongsberg Satellite Services AS Application to Operate a New Receive-Only Earth Station in
    Fairbanks, AK, FCC IBFS No. SES-LIC-20160218-00154 (“Station License Application”) (granted Feb.
    14, 2017) (“Station License”).


                                                          Exhibit A – Narrative Supplement
                                                   FCC Form 312 – Modification Application
                                                   Applicant: Kongsberg Satellite Services AS
                                                                         Call Sign: E160028

    1.2. The Proposed Service

The Station is a receive-only station located in Fairbanks, Alaska. It is intended to be
used for data acquisition from the Satellite in the 5169.5000-5196.5000 MHz band (feeder
links). This band is a subset of the band in which the Station is presently authorized to
operate.2 The Satellite operates in the mobile-satellite service (“MSS”) and its primary
mission is satellite-based Automatic Identification System (“AIS”) signal reception from
ship-based transponders; the Satellite will downlink AIS data to the receive-only
station. In the future, the Satellite may also collect and downlink Application Specific
Messaging (“ASM”) signals. KSAT does not seek a license for the Satellite transmissions
or Satellite reception. The Station already receives AIS data from another satellite in the
exactView system, the EV1 satellite.

The Station will receive the signals from the Satellite during the “visible” portion of the
Satellite’s orbit. The Station will not be used for TT&C for the Satellite. The Station will
not transmit. The Satellite is licensed by Canadian authorities: Radio License, File no.
3150-1 (695765 CP) (June 21, 2016) and Spectrum License, File no. 3150-1 (695769 CP)
(June 21, 2016) (“Canadian License”).3

The Station will be operated on a non-common carrier basis. KSAT is under contract to
exactEarth, Ltd. of Ontario, Canada (“exactEarth”) to operate the Station for AIS data
acquisition from the Satellite, contingent on the Commission’s approval. The data from
the Station will be relayed over the internet using a secure VPN connection to
exactEarth’s facility in Cambridge, Ontario, Canada.

    1.3. Public Interest Statement

Granting a license to operate the earth station is in the public interest. It promotes the
availability of and timely access to AIS data from the Satellite and complements the data
currently being received from EV1. The data serves critical functions, including




2   The Station presently receives communications from the Canadian EV1 satellite in the 5167.5000-
    5198.5000 MHz band and will continue to do so.
3   Radio License, File no. 3150-1 (695765 CP) (June 21, 2016) and Spectrum License, File no. 3150-1
    (695769 CP) (June 21, 2016) (“Canadian License”). See Exhibit C, Canadian Licenses. The Satellite
    operator states that the renewal of the Canadian License is in progress and KSAT will provide the
    Commission a copy once it is available.
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                                                             Exhibit A – Narrative Supplement
                                                      FCC Form 312 – Modification Application
                                                      Applicant: Kongsberg Satellite Services AS
                                                                            Call Sign: E160028

maritime situational awareness, maritime safety, port security, search and rescue, and
combating illegal, unreported and unregulated, or so-called “IUU,” fishing.4

    1.4. Applicant’s Legal and Technical Qualifications

KSAT is a global leader in ground station operation for non-geostationary satellites.
The company operates a world-wide network of ground stations including high and
mid latitude stations. Please see KSAT’s initial Station License application,5 for a more
detailed discussion of KSAT’s qualifications and ownership.

    1.5. Earth Station Frequency Band

The earth station will acquire AIS data from the Satellite (via feeder links) in the
following frequencies:6

 Center Freq.     Lower Freq.      Upper Freq.        Bandwidth       International      Domestic
   (MHz)            (MHz)            (MHz)              (MHz)          Allocation        Allocation
     5183            5169.5            5196.5             27          RR, fn. 5.447B   No; need waiver

These frequencies are a subset of the currently authorized frequency band for reception
at the Station (5167.5-5198.5 MHz).7

        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-




4   See United States of America Proposals for the Work of the Conference, WAC/081(27.08.14) (noting
    the benefits of AIS in preparing the U.S. proposal to the 2015 World Radio Conference for the creation
    of two additional AIS channels).
5   Station License Application, supra note 1, Exhibit A, Narrative Supplement.
6   Satellite operations are licensed by the Canadian ministry Innovation Science and Economic
    Development Canada (“ISED”) to operate in this band: 5150–5250 MHz. See Canadian License, supra
    note 3, Radio License, ISED, File no. 3150-1 (695765 CP) (June 21, 2016). See also Exhibit C, Canadian
    Licenses. This band encompasses the band for which KSAT is requesting authorization from the
    Commission.
7   Station License, supra note 1.
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                                                               Exhibit A – Narrative Supplement
                                                        FCC Form 312 – Modification Application
                                                        Applicant: Kongsberg Satellite Services AS
                                                                              Call Sign: E160028

geostationary-satellite systems in the mobile-satellite service and is subject to provisions
of No. 9.11A.”8

Footnote 5.447B applies here because: (i) The frequencies requested for use with EV7
(5169.5-5196.5 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
signal collection in the 161.9625–161.9875 MHz (AIS-1) and 162.0125–162.0375 MHz
(AIS-2) bands that are allocated for MSS.9 The Satellite also includes a small LDR
experimental payload receiving in the 399.9-400.05 MHz and 400.4657-400.6825 MHz
bands, which are allocated for MSS. (See Section 2.2.2(d), below, for a detailed list of the
Satellite’s relevant operating frequencies.) The Satellite is currently undergoing
international coordination at the International Telecommunication Union (“ITU”) as
required by ITU Radio Regulations No. 9.11A10 and the Commission.11 See Exhibit B,
Technical Supplement.

Footnote 5.447C imposes certain additional ITU coordination requirements on
operations that are subject to footnote 5.447B12 and these requirements are satisfied. The


8    ITU Radio Regulations, art. 5, note No. 5.447B. See ITU Radio Regulations, No. 9.11A (coordination
     required if a footnote requires it).
9    ITU 2016 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.”).
10   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”). The Satellite operation has been notified to the ITU Radiocommunication Bureau under
     International Radio Regulations, Article 11.2. See ITU, BR IFIC 2795 (May 26, 2015) (regarding
     publication under Part I-S).
11   See 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, FCC
     99-325 ¶ 5 (1999) (“DISCO II Recon Order”) (noting the Commission’s procedures under which a
     “non-U.S. satellite operator [may] seek[] immediate access to the U.S. market through an in-orbit
     satellite” with the prerequisite that the operator “has initiated international coordination negotiations
     for that satellite network pursuant to the [ITU’s] international Radio Regulations . . . .”).
12   Footnote 5.447C provides: “Administrations responsible for fixed-satellite service networks in the
     band 5150–5250 MHz operated under Nos. . . . 5.447B shall coordinate on an equal basis in
     accordance with No. 9.11A with administrations responsible for non-geostationary-satellite networks
     operated under No. 5.446 [radiodetermination] and brought into use prior to 17 November 1995.
     Satellite networks operated under No. 5.446 brought into use after 17 November 1995 shall not claim
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                                                              Exhibit A – Narrative Supplement
                                                       FCC Form 312 – Modification Application
                                                       Applicant: Kongsberg Satellite Services AS
                                                                             Call Sign: E160028

power flux-density requirements in footnote 5.447B13 will be observed as they are stated
also in the licenses issued by Innovation, Science and Economic Development Canada
(“ISED”) for the Satellite. ISED has imposed these requirements on the Satellite
operator by making them conditions of the Canadian License.14 See Exhibit C,
Canadian Licenses.

         1.5.2. Domestic Allocation and Request for Waiver

The international feeder link allocations in the 5150–5216 MHz band are not found in
the Domestic Table of Frequency Allocations; specifically, footnote 5.447B is not
included in the domestic allocations for the 5150–5250 MHz band.15 Accordingly, KSAT
requests a waiver of the Commission’s rules for feeder link reception in the 5150–5216
MHz band. As explained further in Section 3 below, a waiver is warranted here since
the operation of the earth station conforms to the International Radio Regulations and
will be operated on a non-interference basis; 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


     protection from, and shall not cause harmful interference to, stations of the fixed-satellite service
     operated under No. . . . 5.447B.”
13   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.”).
14   See Canadian License, supra note 3, Radio License, Attachment A ¶ 15 (June 21, 2016) (“In the band
     5150-5216 MHz (space to Earth), the power flux-density at the Earth’s surface produced by space
     stations operating in the space-to-Earth direction shall not exceed -164 dB(W/m2) in any 4 kHz band
     for all angles of arrival.”).
15   47 C.F.R. § 2.106, containing the U.S. Table of Frequency Allocations, which in pertinent part
     provides:




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                                                   Exhibit A – Narrative Supplement
                                            FCC Form 312 – Modification Application
                                            Applicant: Kongsberg Satellite Services AS
                                                                  Call Sign: E160028

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 Station is hosted at Iridium’s Alaska Ground Station in Fairbanks, Alaska, located
at 900 Bidwell Avenue, Fairbanks, AK 99701. exactEarth will continue to own the
Station antenna used for reception from Satellite and KSAT will continue to operate the
Station remotely from the Tromsø Network Operations Center, in Tromsø, Norway.
There are no modifications to the existing Station equipment.

      1.6.2. Points of Contact

The points of contact are the same. 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. 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

     2.1. The Foreign Satellite

The Satellite, which was launched on June 22, 2016, is operating in accordance with the
Canadian License and is being used for AIS data collection in the following bands:
161.9625–161.9875 MHz (AIS-1) and 162.0125–162.0375 MHz (AIS-2). In the future, the




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                                                              Exhibit A – Narrative Supplement
                                                       FCC Form 312 – Modification Application
                                                       Applicant: Kongsberg Satellite Services AS
                                                                             Call Sign: E160028

Satellite may also collect and downlink to the Station data from ASM16 signals it receives
in the 161.9375–161.9625 MHz (ASM-1) and 161.9875–162.0125 MHz (ASM-2) bands.
The Satellite is owned by the Canadian Department of National Defence. exactEarth
Ltd., of Ontario, Canada is responsible for the AIS payload mission, including data
acquisition, pursuant to a license agreement with the Department of National Defence.
Under that agreement, exactEarth is the payload operator with rights to acquire data
and distribute AIS data products in exchange for supplying a data feed to the
department. The Department of National Defence has contracted with the Canadian
Space Agency to operate the Satellite, including TT&C. exactEarth in turn has a service
level agreement with the Canadian Space Agency. See Section 2.3 for additional
information on the Satellite. The Satellite is operated under licenses issued by the
Canadian government.17

The Satellite will downlink AIS data (received from marine vessels in the mobile-
satellite service) to the Station using the 5169.5–5196.5 MHz band (space-to-Earth).
KSAT does not seek authority for any other frequencies used by the Satellite. KSAT
provides this information in conformity with 47 C.F.R. §§ 25.131(c) and 25.137 for the
Station to receive signals from the Satellite (which is authorized in Canada).

     2.2. DISCO II Showing – Section 25.137(a)

As discussed in sections 2.2.1–2.2.3 and 2.3, below, KSAT satisfies the DISCO II criteria
for obtaining the Commission’s authorization to communicate with the exactEarth
Satellite using the Station.

         2.2.1. Competitive Aspects

In the DISCO II Order,18 the Commission adopted a rebuttable presumption in favor of
U.S. market entry for non-U.S. licensed satellites authorized by WTO member




16   At WRC-15, the ITU allocated the maritime VHF channels centered at 161.950 and 162.000 MHz for
     “testing of future AIS applications” on a non-interference basis and those channels will be designated
     for ASM-1 and ASM-2 in 2019. See ITU 2016 Radio Regulations, Appx. 18, Specific Note z.
17   See supra note 3.
18   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 DISCO II Recon Order, supra note 11 at ¶ 1.
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                                                                Exhibit A – Narrative Supplement
                                                         FCC Form 312 – Modification Application
                                                         Applicant: Kongsberg Satellite Services AS
                                                                               Call Sign: E160028

countries.19 Canada, the authorizing authority for the Satellite, is a WTO member.20
Second, MSS is covered under the WTO Basic Telecommunications Agreement as a
Basic Telecommunications Service,21 and satellite-based reception of AIS signals from
ships is a form of MSS.22 Accordingly, the DISCO II rebuttable presumption in favor of
market entry applies. As shown in section 1.3, above, downlinking AIS data is in the
public interest. Satellite AIS authorizations have also been granted to several U.S.
entities by the Commission.23

         2.2.2. Spectrum Availability

The Commission also considers spectrum availability to be a factor in determining
whether to allow a foreign-licensed satellite to serve the U.S. market.24 The Satellite will
downlink AIS data to the Station in the 5169.5–5196.5 MHz band.

As shown in Section 1.5.1, above, the 5150–5216 MHz band (which encompasses the
frequencies for the Satellite) is allocated internationally on a primary basis for MSS
(space-to-Earth) feeder links through footnote 5.447B. Because there is no companion
domestic allocation for MSS feeder links in this band, KSAT requests a waiver to allow
this non-conforming use. As demonstrated in Section 3, below, a waiver is justified
based on Commission’s rules and precedent.


19   See 47 C.F.R. § 25.137(a)(2). See also DISCO II Order, supra note 18, ¶ 44. See, e.g., Space Imaging, LLC,
     Declaratory Order and Order and Authorization, FCC DA 05-1940 (July 6, 2005) (“Space Imaging
     Order”) (applying a rebuttable presumption to EESS).
20   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 May 17, 2017).
21   See 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
     (including satellite services).
22   ITU 2016 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.”).
23   See, e.g., Orbcomm License Corp. Application For Authority to Modify its Non-Voice, Non-
     Geostationary Satellite System, Order and Authorization, DA 08-633 ¶¶ 12-15 (FCC rel. Mar. 21,
     2008).
24   See DISCO II Order, supra note 18, ¶¶ 149–150 (“Further, spectrum considerations may arise in cases
     where the foreign service provider seeks access to the U.S. market by filing an earth station
     application to access an operating non-U.S. satellite. In these cases, we must determine whether, and
     to what extent, the proposed U.S. service will impact existing operations in the United States.”).
8|Page


                                                            Exhibit A – Narrative Supplement
                                                     FCC Form 312 – Modification Application
                                                     Applicant: Kongsberg Satellite Services AS
                                                                           Call Sign: E160028

Domestically, the 5150–5250 MHz band is allocated on a co-primary basis to
Aeronautical Radionavigation (for Federal and non-Federal uses) and Fixed Satellite
Service (Earth-to-space) (for non-Federal uses). The downlink to the Station will not
interfere with other conforming uses in the band for the following reasons:

First, a notification of the Satellite operation has been submitted to the ITU
Radiocommunication Bureau in accordance with International Radio Regulations,
Article 11.225 (see Exhibit B, Technical Supplement). Second, a search of the FCC’s
database for current FCC authorizations in the proposed band reveals no licensed
Aeronautical Radionavigation operations in the relevant location (Alaska). Third, the
proposed reception from the Satellite is substantially similar to the current reception
from the EV1 satellite (EV7 has an identical downlink antenna design to EV1);
exactEarth previously coordinated the downlink for the EV1 satellite26 in these
frequencies with Globalstar, the only known licensee using the 5150–5250 MHz band in
the state of Alaska.

        2.2.3. 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 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 critical public
interest functions.

     2.3. The Satellite: Legal and Technical Information – Section 25.137(b)

        2.3.1. Legal Information

exactEarth Ltd., of Ontario, Canada is responsible for the AIS payload mission,
including data acquisition. The Satellite is owned by the Canadian Department of
National Defence and the Canadian Space Agency performs TT&C. exactEarth is
responsible for the AIS payload mission, including the Satellite data downlink,


25   See ITU, BR IFIC 2795 (IFIC date May 26, 2015) (regarding publication under Part I-S). Although the
     DATAD beam (5183 MHz center frequency) for the downlink to the Station was published in Part III
     of BR IFIC 2840 (Mar. 7, 2017), the Satellite operator continues to pursue ITU coordination and
     believes the problem has been resolved.
26   See Station License Application, supra note 1, Exhibit B, Technical Supplement.
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                                                              Exhibit A – Narrative Supplement
                                                       FCC Form 312 – Modification Application
                                                       Applicant: Kongsberg Satellite Services AS
                                                                             Call Sign: E160028

pursuant to agreements with the Department of National Defense and the Canadian
Space Agency.28

exactEarth, Ltd. is a publicly-traded company listed on the Toronto Stock Exchange
(ticker symbol XCT), and is organized under Canadian law. The following legal
information on exactEarth is provided in accordance with Section 25.137(b) of the
Commission’s rules:

     (a) exactEarth Address and Telephone Number.29 260 Holiday Inn Drive, Unit 30,
         Building B, Cambridge, ON N3C 4E8, Canada; tel. +1 519-622-4445.

     (b) Regulatory Status.30 The Satellite is operated on a non-common carrier basis.31

     (c) Basic Qualifications.32 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, Main
         Form, Question 40, as of July 5, 2017, Hisdesat Servicios Estrategicos S.A. of
         Madrid, Spain held 27% of exactEarth’s outstanding common stock; it is the only
         entity holding more than 10% of exactEarth’s voting shares. The company is not
         subject to denial of Federal benefits for reasons described in Main Form,
         Question 41.

     (d) Coordinating Administration.33 The Satellite is authorized by the government of
         Canada (see note 3 above), which is the ITU coordinating administration
         responsible for the exactEarth Satellite’s operations.

     (e) Public Interest Considerations.34 Public interest considerations supporting grant of
         this applications are set forth in section 1.3, above.

     (f) Milestones, Bond and Related Requirements.35 The Satellite, which was launched on
         June 22, 2016, is operating as authorized under the Canadian License. Thus, this



28   See supra sec. 2.1, above.
29   See FCC Form 312, Questions 1-8.
30   See FCC Form 312, Question 21; 47 C.F.R. § 25.114(c)(11).
31   47 U.S.C. § 153(11).
32   See FCC Form 312, Questions 36-41.
33   See FCC Form 312, Question 42b.
34   See 47 C.F.R. § 25.114(d)(6).
35   See 47 C.F.R. § 25.137(d).
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                                                           Exhibit A – Narrative Supplement
                                                    FCC Form 312 – Modification Application
                                                    Applicant: Kongsberg Satellite Services AS
                                                                          Call Sign: E160028

        application does not raise any issues regarding milestones or posting of bonds
        under section 25.137(d).

        2.3.2. Technical Information

Section 25.137(b) requires the provision of “technical information for the non-U.S.-
licensed space station of the kind that section 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 a small non-
    geostationary satellite whose mission is AIS data collection. The Satellite also
    includes two small experimental payloads for the Canadian government,36 one of
    which is no longer in use and neither of which involve the Station.

(b) Lifetime (§ 25.114(c)(10)). The Satellite was launched by an Indian Polar Satellite
    Launch Vehicle from the Satish Dhawan Space Centre in Sriharikota, India on June
    22, 2016. The Satellite has a design life of 5 years.

(c) Satellite orbit information (§ 25.114(c)(6)). The Satellite is a non-geostationary satellite.
    The Schedule S for the Satellite included in this application provides relevant orbital
    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;37 (viii) right
    ascension of the ascending node, and (ix) for each satellite in each orbital plane, the
    initial phase angle at the reference time.38




36   The two experimental payloads are a Low Data Rate (LDR) radio experiment, and a device called the
     Deep-Dielectric Charging Monitor (DDCM). The LDR experimental payload operated in the MSS
     (399.9-400.05 MHz and 400.15-401.00 MHz) to demonstrate two-way, low data rate communication
     between itself and a dedicated ground terminal (not the Station). The LDR demonstration occurred
     during the LEOP/commissioning phase and will not be used for the remainder of the mission. The
     DDCM experiment is for observing spacecraft charging and material behavior (using the same MSS
     bands) and will not use the Station for downlinking data.
37   Not applicable to the Satellite (see Exhibit B, Technical Supplement, sec. 4).
38   Not applicable to the Satellite.
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                                                              Exhibit A – Narrative Supplement
                                                       FCC Form 312 – Modification Application
                                                       Applicant: Kongsberg Satellite Services AS
                                                                             Call Sign: E160028

(d) Frequencies (§ 25.114(c)(4), § 25.114(c)(7)). The Satellite is authorized to operate
    pursuant to its Canadian License in the following frequency bands (only relevant
    bands are listed39):

                                                                           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

     The last row is particularly relevant to this application, as it is the band the Satellite
     is authorized to use to downlink to the Station; the portion of the band that will be
     used with the Station is 5169.5–5196.5 MHz (KSAT seeks authorization to receive in
     this band). 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 5.447B40 will be observed as they are a requirement of the Canadian
    License.41

(f) Tracking, Telemetry and Control Arrangements (§ 25.172). TT&C for operations of the
    Satellite is handled by Canadian Space Agency’s ground station at Shirley’s Bay,
    Ottawa, Ontario. No TT&C operations for the Satellite will be conducted in the
    United States.

(g) Physical Characteristics of the Space Station. The Satellite is a small (0.60 x 0.60 x 0.85
    meter) non-geostationary satellite built by Honeywell Canada (formerly COM DEV
    International Ltd. of Ontario, Canada). The Satellite weighs 85 kg. The predicted
    end-of-life power is 66 W. The Satellite does not have propulsion. See Exhibit B,
    Technical Supplement for additional details. The orbit is 520 km x 486 km (as of
    February 21, 2017).


39   See Exhibit C, Canadian Licenses for a complete list of the Satellite’s authorized frequencies.
40   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.”).
41   Supra note 3.
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                                                                  Exhibit A – Narrative Supplement
                                                           FCC Form 312 – Modification Application
                                                           Applicant: Kongsberg Satellite Services AS
                                                                                 Call Sign: E160028

(h) Coordination Considerations. The Satellite frequencies, including 5169.5–5196.5 MHz
    and the AIS frequencies conform to the International Table of Frequency Allocations
    as described in Section 1.5.1, above and have been submitted to the ITU
    Radiocommunication Bureau for notification under International Radio Regulations,
    Article 11.2.42 See Exhibit B, Technical Supplement for the ITU registration
    information. The Satellite will be operated on a non-interference basis.

(i) Orbital Debris (§ 25.114(d)(14)). The Satellite operation and post mission disposal
    plans43 are consistent with the Commission’s rules and guidelines.44 Please see
    Exhibit D, Orbital Debris Mitigation Statement. The statement is prepared by KSAT
    in conjunction with its customer, exactEarth, the satellite owner, in accordance with
    requirements of 47 C.F.R. §§ 25.137(d); 25.114(d)(14). The maximum estimated time
    for the Satellite to deorbit is less than 25 years.

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

Please see KSAT’s request for a waiver of the modified processing round procedure for
NGSO-like space station applications in section 3.2, below.

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. 45 In
general, a waiver is appropriate if: (i) Special circumstances warrant a deviation from

42   See ITU, BR IFIC 2795 (May 26, 2015) (regarding publication under Part I-S). Although the DATAD
     beam (5183 MHz center frequency) for the downlink to the Station was published in Part III of BR
     IFIC 2840 (Mar. 7, 2017), the Satellite operator continues to pursue ITU coordination and believes the
     problem has been resolved.
43   The Canadian License for the Satellite requires post-mission disposal as follows: “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.” See Canadian
     License, Conditions for Approval, sec. 21.
44   47 C.F.R. § 25.114(d)(14)(v) (requiring “[a] description of the design and operational strategies that
     will be used to mitigate orbital debris . . . .”). See generally In the Matter of Mitigation of Orbital Debris,
     FCC, Second Report & Order, FCC 04-130, IB Docket No. 02-54 (rel. June 21, 2004).
45   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).
13 | P a g e


                                                             Exhibit A – Narrative Supplement
                                                      FCC Form 312 – Modification Application
                                                      Applicant: Kongsberg Satellite Services AS
                                                                            Call Sign: E160028

the general rule; and (ii) such deviation would better serve the public interest than
would strict adherence to the general rule.46 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 the waiver would otherwise serve the public
interest.47 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 to the Station (5169.5–5196.5 MHz) – has been allocated
internationally for non-geostationary MSS feeder links through footnote 5.447B. The
band is available because the feeder link will be used here to download MSS data from
the AIS payloads. No such allocation exists in the Domestic Table of Frequency
Allocations.48 Accordingly, KSAT requests a waiver of Section 2.10249 and 2.10650 of the
Commission’s rules to permit the proposed nonconforming use of the 5167.5–5198.5
MHz band.

Good cause for a waiver exists here. The reception at the Station has no potential for
causing interference. The downlink from the Satellite will not cause interference
because (i) the use of this band has been authorized by the Canadian government and
notified to the ITU;51 (ii) exactEarth already coordinated the downlink to the Station in
this band for the EV1 satellite with Globalstar, the only other licensee found to be
operating in the 5150–5250 MHz band in Alaska (the EV7 downlink has substantially
similar characteristics); 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 purpose of the rule in Section 2.102 (requiring that
frequency use conform to the Domestic Table of Frequency Allocations), which is to
prevent harmful interference, would not be undermined, since no interference would
result from this use.


46   Northeast Cellular, 897 F.2d at 1166.
47   WAIT Radio, 418 F.2d at 1157.
48   See supra note 15 and accompanying text.
49   47 C.F.R. § 2.102(a) (requiring compliance with the U.S. Table of Frequency Allocations in 47 C.F.R.
     § 2.106).
50   47 C.F.R. § 2.106 (containing the U.S. Table of Frequency Allocations).
51   See ITU, BR IFIC 2795 (May 26, 2015) (regarding publication under Part I-S).
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                                                                Exhibit A – Narrative Supplement
                                                         FCC Form 312 – Modification Application
                                                         Applicant: Kongsberg Satellite Services AS
                                                                               Call Sign: E160028

The Commission has stated that it is inclined to grant waivers where there is “little
potential for interference.52 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.53 KSAT does not seek protection from interference.

Second, the public interest is served by increasing the availability and timeliness of AIS
data, which reception by the Station would facilitate. 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,54 because “NGSO systems generally cannot operate on the
same spectrum without causing unacceptable interference to each other.”55 KSAT
requests a waiver of this default rule for its application to receive downlinked AIS data
from the Satellite at the Station, and requests that the Commission instead apply the




52   contactMEO Communications, LLC, 21 FCC Rcd. 4035, at ¶ 25 (released Apr. 14, 2006) (“[I]n
     considering requests for non-conforming spectrum 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.’”). See also Orbcomm License Corp., supra note 23, ¶ 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.”).
53   See, e.g., Orbcomm License Corp., supra note 23, ¶ 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).”).
54   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].”).
55   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 Order, at ¶ 3 (quoting First Space Station Licensing Reform Order).
15 | P a g e


                                                               Exhibit A – Narrative Supplement
                                                        FCC Form 312 – Modification Application
                                                        Applicant: Kongsberg Satellite Services AS
                                                                              Call Sign: E160028

first-come, first-served procedure used for GSO-like systems, as outlined in Section
25.158.56

The Commission has said it is inclined to grant a waiver where there is “little potential
for interference.”57 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.”58 Licensing
AIS data reception at the Station in the 5169.5–5196.5 MHz band as proposed here
would not preclude other parties from using the spectrum. As discussed in section 3.1,
the proposed downlink will neither cause interference nor require protection from
interference. Moreover, granting KSAT’s waiver request and applying a first-come,
first-served approach to KSAT’s application will ensure will promote timely availability
of critical AIS data. Accordingly, the rationale for applying the default processing rule
is not present here and the conditions for granting a waiver exist. Precedents for such
waivers exist.59

4. CONCLUSION

As demonstrated above, KSAT satisfies the legal and technical requirements and has
made the necessary public interest showing under the Communications Act of 1934, as
amended, and the Commission’s rules for obtaining the Commission’s grant of its
request to add the Satellite as a point of communication for the Station.




56   47 C.F.R. § 25.158.
57   See contactMEO Communications, LLC, supra note 52.
58   Space Imaging Order, supra note 55, at ¶ 4; First Space Station Licensing Reform Order, supra note 55, at
     10793 ¶ 74.
59   See, e.g., Space Imaging Order, supra note 55. In the Space Imaging Order, 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.” Id.
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Document Created: 2017-08-25 17:40:11
Document Modified: 2017-08-25 17:40:11

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