Attachment KSATEV8ExhANarratiV1 SES-MFS-20190129-00006

Attachment KSATEV8ExhANarratiV1

This document pretains to SES-MFS-20190129-00006 for Modification w/ Foreign Satellite (earth station) on a Satellite Earth Station filing.

IBFS_SESMFS2019012900006_1614097

Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

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 the Satellite as an
additional point of communication. The Satellite is a Spanish-authorized and operated
non-geostationary satellite.

1.2. The Proposed Service

The Station is a receive-only earth station located in Fairbanks, Alaska, that is currently
supporting other satellites operated by exactEarth, Ltd. of Ontario, Canada
(“exactEarth”), namely exactView-1 (“EV1”) and exactView-7 (“EV7”). KSAT proposes
to use the same MEOS 5m C-band antenna at the Station for EV8 that it uses for EV1
and EV7. Using this antenna, the Station will acquire payload data from EV8 in the
5167.5000-5198.5000 MHz band (feeder links), without any changes to the equipment
currently in place or to the other satellites’ operations.3

EV8’s mission is to perform satellite-based collection of (i) Automatic Identification
System (“AIS”) and Application Specific Messaging (“ASM”) signals from ship-based
transponders in the VHF maritime mobile band, and (ii) VHF-band signals from
ground-based transponders in the Land Mobile service (collectively, “VHF Signals”).
The Land Mobile transponders are operated by exactEarth’s Australian partner, Myriota
Pty. Ltd. (“Myriota”), as part of a commercial trial.4 EV8 will downlink VHF Signal

3 The Station presently receives communications from the Canadian EV1 satellite in the 5167.5000-
5198.5000 MHz band and from the Canadian EV7 satellite in the 5169.5000-5196.5000 MHz band
using the same MEOS 5m C-band antenna and will continue to do so in accordance with the
respective authorization for each point of communication.
4 The Myriota transponders are small, low-cost mobile transmitters for Internet-of-Things (“IoT”)
applications. These transponders are designed to transmit to land mobile base stations in normal
circumstances and for their transmissions to be detected by satellites when a transponder is out of
range of a base station, i.e., in “low and remote density areas.” These transponders are licensed by
the Australian Communications and Media Authority (“ACMA”) for operation using the Land Mobile
bands between 161.1000 and 161.4750 MHz. See, .e.g., Apparatus Licence Issued by Delegate of the
Australian Communications and Media Authority to Myriota Pty. Ltd., License No. 10522808/1
(issued Oct. 3, 2018) (“Stations authorised by this licence may communicate with space receive
stations.”).
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

populated areas, such as those with an agricultural, energy, or environmental focus)
stand to benefit from access to low-cost transponders that would facilitate remote
machine-to-machine connectivity.

1.4. Applicant’s Legal and Technical Qualifications

KSAT is a global leader in ground station operations 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 application8 for a more
detailed discussion of KSAT’s qualifications and ownership.

1.5. Earth Station Frequency Band

The earth station will acquire VHF Signals data from the Satellite (via feeder links) in
the following frequencies:9

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

This frequency band (5167.5-5198.5 MHz) overlaps with the band that was previously
authorized for reception from EV1 and EV7 at the Station.10 EV8 signals will be
downlinked to the same antenna used for EV1 and EV7 and this application does not
request any modification of the operations with those previously authorized points of
communication.

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-

8 Station License Application, supra note 1, Exhibit A, Narrative Supplement, sec. 1.4.
9 See Spanish Authorization, supra note 5.
10 Station License, supra note 2 and accompanying text.
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
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.”11

Footnote 5.447B applies here because: (i) The frequency band requested for use with
EV8 (5167.5-5198.5 MHz) is within the band segment addressed by the footnote; (ii) the
band requested will be used for feeder links; (iii) the Satellite is a non-geostationary
satellite; and (iv) EV8 is operating in the MSS. EV8 will be used for satellite-based VHF
Signals collection from transponders on ships and from land-based mobile
transponders. The satellite-based collection of these VHF Signals (AIS-1 and -212 and
ASM-1 and -213 signals and Land Mobile14 signals) constitutes MSS.15 (See Section
2.3.2(d), below, for a detailed list of the Satellite’s VHF Signal operating frequencies.)

11 ITU Radio Regulations, art. 5, note No. 5.447B. See ITU Radio Regulations, No. 9.11A (stating that
coordination is required if a footnote requires it).
12 See 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.”).
13 ASM is a maritime mobile satellite service. See RR 5.228AA (“The use of the frequency bands
161.9375-161.9625 MHz and 161.9875-162.0125 MHz by the maritime mobile-satellite (Earth-to-space)
service is limited to the systems which operate in accordance with Appendix 18.”). Maritime mobile
satellite service is a type of MSS. See RR 1.29 (defining maritime mobile-satellite service as a mobile-
satellite service in which mobile earth stations are located on board ships) and 47 C.F.R. § 2.1 (using
the definition from the ITU Radio Regulations).
14 See supra note 4 (describing the EV8 detection of Land Mobile transmissions by Myriota
transponders). Myriota’s transponders are mobile earth stations licensed by ACMA for operation
using Land Mobile bands between 161.1000 and 161.4750 MHz on a temporary basis within the
geographic area of Australia, which includes authorization to transmit for satellite-based reception
when a transponder is out of range of a land base station, i.e., in “low and remote density areas.”
15 See 47 C.F.R. § 2.1 (defining Mobile-Satellite Service: “A radiocommunication service: (1) Between
mobile earth stations and one or more space stations, or between space stations used by this service;
or (2) Between mobile earth stations by means of one or more space stations.”). EV8 will use the
following bands: 161.9625–161.9875 MHz (AIS-1); 162.0125–162.0375 MHz (AIS-2); 161.9375–161.9625
MHz (ASM-1); 161.9875–162.0125 MHz (ASM-2); and 161.1000–161.4750 MHz (Land Mobile) bands.
Channels 2027 and 2028 of the VHF maritime mobile band are presently designated for “testing of
future AIS applications” on a non-interference basis and will be designated ASM 1 and ASM 2,
respectively, starting in 2019. See ITU 2016 Radio Regulations, Appx. 18, Specific Note z.
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

requests a waiver of the Commission’s rules for feeder link reception in the 5150–5216
MHz band. As explained further in Section 3.1 below, a waiver is warranted here since
the operation of the earth station conforms to the International Radio Regulations and
will be on a non-interference basis; nor does KSAT request protection from interference.
The downlink serves the public interest by providing timely access to VHF Signals data.

1.5.3. Coordination with Federal Users

The 5150–5250 MHz band is also allocated domestically to aeronautical radionavigation
on a co-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 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 will be no modifications to the existing Station equipment to accommodate EV8,
which will use the same antenna that EV1 and EV7 will continue to use.

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 Blaine Bronson, phone number (907) 451-9842. 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.

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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

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 (PAZ), which hosts the EV8 hosted payload, was launched on February 22,
2018 and is operating under the Spanish Authorization.21 The Satellite supports EV8’s
VHF Signals data collection in the following bands: 161.9625–161.9875 MHz (AIS-1),
162.0125–162.0375 MHz (AIS-2), 161.9375–161.9625 MHz (ASM-1), 161.9875–162.0125
MHz (ASM-2),22 and 161.1000–161.4750 MHz (Land Mobile).

The Satellite is owned and operated by Hisdesat Servicios Estratégicos, S.A. of Madrid,
Spain. exactEarth Ltd., of Ontario, Canada is responsible for the EV8 hosted payload
mission, including for establishing the payload command plan and planning for data
acquisition, pursuant to a hosting agreement with Hisdesat. Under that hosting
agreement, exactEarth generates a downlink schedule and sends commands for the EV8
hosted payload to Hisdesat, who uploads the commands to the hosted payload on the
PAZ satellite via Hisdesat’s TT&C link. exactEarth is the owner of the VHF Signals
data; there is no sharing of the hosted payload data with Hisdesat. See Section 2.3 for
additional information on the Satellite and the other missions onboard.

EV8 will downlink VHF Signals data to the 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. 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 by Spain).

21 See supra note 5. The Spanish Authorization authorizes operations in the 156.7625-162.0375 MHz
band “as published in IFIC 2842.” The AIS and ASM frequencies are covered in that IFIC, but Land
Mobile is not included; rather the Spanish Government has subsequently filed an API for Land
Mobile for these frequencies in IFIC 2872 (IFIC date June 12, 2018). See infra note 35.
22 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 starting in 2019. See ITU 2016 Radio Regulations, Appx. 18, Specific Note z.
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

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 exactEarth’s EV8
payload hosted on Hisdesat’s Satellite using the Station.

2.2.1. Competitive Aspects

In the DISCO II Order,23 the Commission adopted a rebuttable presumption in favor of
U.S. market entry for non-U.S. licensed satellites authorized by WTO member
countries.24 Spain, the authorizing authority for the Satellite, is a WTO member.25
Second, MSS is covered under the WTO Basic Telecommunications Agreement as a
Basic Telecommunications Service,26 and both the satellite-based reception of AIS and
ASM signals from ships27 and the reception of signals from land mobile earth stations28
are a form of MSS. Accordingly, the DISCO II rebuttable presumption in favor of
market entry applies. As shown in section 1.3, above, downlinking VHF Signals data is
in the public interest. Satellite AIS authorizations have also been granted to several U.S.
entities by the Commission.29

23 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 17 at ¶ 1.
24 See 47 C.F.R. § 25.137(a)(2). See also DISCO II Order, supra note 23, ¶ 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).
25 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. 27, 2018).
26 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).
27 See supra notes 12 and 13 (explaining that AIS and ASM are MSS).
28 See supra note 14 (explaining that the Myriota transponder land mobile signal reception is MSS).
29 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).
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

KSAT’s knowledge. exactEarth previously coordinated the downlink for the EV1
satellite33 in these frequencies with Globalstar, the only other licensee known to be using
the 5150–5250 MHz band in the state of Alaska.

The bands in which EV8 will receive VHF Signals have either been notified for
registration (as in the case of AIS and ASM34) or advance published (as in the case of
Land Mobile35) by the ITU.

2.2.3. National Security and Foreign Policy Issues

Granting this earth station application to operate with the Satellite, authorized by the
Spanish 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. 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 has a hosted payload agreement with Hisdesat
Servicios Estrategicos S.A. for the hosting of the EV8 payload on the PAZ Satellite.
Hisdesat owns and operates the Satellite and is responsible for the Satellite’s primary
mission and for performing TT&C. exactEarth is solely responsible for the hosted
payload mission for VHF Signals collection, including for establishing the payload
command plan and planning for data acquisition via the dedicated C-band data
downlink, pursuant to the hosting agreement with Hisdesat.36

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

33 See Station License Application, supra note 1, Exhibit B, Technical Supplement.
34 See ITU, BR IFIC 2842 (IFIC date Apr. 4, 2017) (regarding publication of PAZ frequencies under Part
II-S, including frequencies for reception of AIS and ASM signals in the VHF maritime mobile band).
35 Advance Publication Information for the Satellite’s reception of signals in the Land Mobile band
(161.1000–161.4750 MHz) has been submitted to the ITU. See the publication for PAZ (NTC ID
109540646) under Special Section API/A in BR IFIC 2872 (IFIC date June 12, 2018) (publishing a beam
named “AISU” with a frequency band spanning 157.3625–162.0375 MHz, which covers the Land
Mobile frequency band of 161.1000–161.4750 MHz).
36 See supra sec. 2.1, above.
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

information on exactEarth is provided in accordance with Section 25.137(b) of the
Commission’s rules:

(a) exactEarth Address and Telephone Number.37 260 Holiday Inn Drive, Unit 30,
Building B, Cambridge, ON N3C 4E8, Canada; tel. +1 519-622-4445.

(b) Regulatory Status.38 The Satellite is operated on a non-common carrier basis.39

(c) Basic Qualifications.40 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 September 19, 2018, Hisdesat Servicios Estrategicos S.A.
of Madrid, Spain held 27% of exactEarth’s outstanding common stock and MM
Asset Management Inc., a Canadian fund investment company, held
approximately 19%; no other entity holds 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.41 The Satellite is authorized by the government of
Spain, which is the ITU notifying administration responsible for the Satellite’s
(PAZ) operations.

(e) Public Interest Considerations.42 Public interest considerations supporting grant of
this applications are set forth in section 1.3, above.

(f) Milestones, Bond and Related Requirements.43 The Satellite, which was launched on
February 22, 2018, is operating as authorized under the Spanish Authorization.
Thus, this application does not raise any issues regarding milestones or posting
of bonds under section 25.137(d).

37 See FCC Form 312, Questions 1-8.
38 See FCC Form 312, Question 21; 47 C.F.R. § 25.114(c)(11).
39 47 U.S.C. § 153(11).
40 See FCC Form 312, Questions 36-41.
41 See FCC Form 312, Question 42b.
42 See 47 C.F.R. § 25.114(d)(6).
43 See 47 C.F.R. § 25.137(d).
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

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 (PAZ) is a medium-
sized non-geostationary satellite whose primary mission is earth observation using
synthetic aperture radar. EV8 is a separate payload hosted on the Satellite, which
contains a VHF Signal data receiver that will operate concurrently with the primary
mission. The Satellite also includes an experimental payload called the Radio
Occultation and Heavy Precipitation experiment (ROHP), a joint effort between the
Spanish Institute of Space Sciences (ICE-CSIC/IEEC) and Hisdesat. Neither the
primary mission nor the ROHP experimental payload downlink to or otherwise
involve the Station.

(b) Lifetime (§ 25.114(c)(10)). The Satellite was launched by a SpaceX Falcon 9 launch
vehicle from Vandenberg Air Force Base in California on February 22, 2018. The
Satellite will be operated for its operational life, which was initially estimated to be 7
years (2025).

(c) Satellite orbit information (§ 25.114(c)(6)). The Satellite is located at an orbit of 514 x
514 km @ 97.44°. 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; (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 is authorized to operate
pursuant to its Spanish Authorization in the following frequency bands (only bands
relevant to this application are listed45):

44 Not applicable to the Satellite.
45 See Exhibit C, Spanish Authorization for the Satellite’s other authorized frequencies.
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

International U.S. 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
161.9375–161.9625 MHz (ASM-1) Receive ASM signals Yes No
161.9875–162.0125 MHz (ASM-2) Receive ASM signals Yes No
161.1000–161.4750 MHz (Land Mobile) Receive Myriota signals No No
5167.5–5198.5 MHz (space to Earth) Downlink VHF Signals data Yes No

The last row identifies the band for which KSAT seeks authorization to receive from
the Satellite at the Station. 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 frequencies other than the C-band downlink.

(e) Power Flux Density Levels (§ 25.114(c)(8)). The power flux-density requirements in
footnote 5.447B46 and in 47 C.F.R. § 25.208 will be observed. Please see Exhibit B,
Technical Supplement for additional details.

(f) Tracking, Telemetry and Control Arrangements (§ 25.172). TT&C for operations of the
Satellite are performed by Hisdesat’s ground stations in Torrejon (near Madrid,
Spain) and Maspalomas (Spain’s Canary Islands). No TT&C operations for the
Satellite will be conducted in the United States (or anywhere outside of Spain).

(g) Physical Characteristics of the Space Station. The Satellite is a non-geostationary
satellite that measures 5 meters in height and 2.4 meters in diameter. The Satellite’s
prime contractor was Airbus Defence & Space, involving a consortium of 18 Spanish
companies and universities. The Satellite weighs approx. 1400 kg. The Satellite has
propulsion for station-keeping and end-of-life disposal. Please see Exhibit D,
Orbital Debris Mitigation Statement for additional details.

(h) Coordination Considerations. The Satellite frequencies, including the 5167.5–5198.5
MHz C-band downlink and the AIS and ASM frequencies are consistent with the
International Table of Frequency Allocations as described in Section 1.5.1, above, and
have been submitted to the ITU Radiocommunication Bureau for coordination and

46 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.”).
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

notification for recording in the Master Register under International Radio
Regulations, Article 9.11A and 11.2.47 See Exhibit B, Technical Supplement for the
ITU notification information. The Myriota transponders are licensed by the
Australian Communications and Media Authority (“ACMA”) and the detection of
Land Mobile signals by the Satellite is authorized by that license. 48 The Satellite’s
downlink to the Station will be operated on a non-interference basis.

(i) Orbital Debris (§ 25.114(d)(14)). Please see Exhibit D, Orbital Debris Mitigation
Statement. The statement is provided in an attempt to meet the 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: (i) Waver for using an MSS feeder link with an
international, but not a domestic allocation; and (ii) waiver 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. 49 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.50 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

47 See supra notes 16 (for the C-band downlink) and 34 (for the AIS and ASM frequencies); see also
Exhibit B, Technical Supplement.
48 See supra notes 4 and 35.
49 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).
50 Northeast Cellular, 897 F.2d at 1166.
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

interest.51 As shown below, good cause exists for the Commission to grant these waiver
requests.

3.1. Waiver for Nonconforming Use of Frequencies for MSS Feeder Link

As explained in section 1.5.1, above, the 5150–5216 MHz band – which includes the
band for the proposed downlink from EV8 to the Station (5167.5–5198.5 MHz) – has
been allocated internationally for non-geostationary MSS feeder links through footnote
5.447B. No such allocation exists in the Domestic Table of Frequency Allocations as
footnote 5.447B has not been added.52 Accordingly, KSAT requests a waiver of Section
2.10253 and 2.10654 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 receive-only Station has no potential for
causing interference. The C-band downlink from the Satellite will not cause
interference because (i) the use of this band has been notified to and published by the
ITU;55 (ii) exactEarth previously coordinated the use of this band for the downlink of
AIS data from the EV1 satellite to the Station with Globalstar, the only other licensee
found to be operating in the 5150–5250 MHz band in Alaska (the EV8 downlink has
substantially similar characteristics); (iii) the operation complies with the power flux-
density limits imposed by footnote 5.447B of the ITU Radio Regulations; and (iv) KSAT
currently operates the Station receiving exactEarth satellite transmissions in this band
and is not aware of any interference complaints. 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 to prevent harmful interference) would not be
undermined, since no interference would result from this use.

The Commission has stated that it is inclined to grant waivers where there is “little
potential for interference.56 The Commission has stated repeatedly that where a station

51 WAIT Radio, 418 F.2d at 1157.
52 See supra note 20 and accompanying text.
53 47 C.F.R. § 2.102(a) (requiring compliance with the U.S. Table of Frequency Allocations in 47 C.F.R.
§ 2.106).
54 47 C.F.R. § 2.106 (containing the U.S. Table of Frequency Allocations).
55 See supra note 16 (regarding publication of C-band downlink band in Part I-S); see also Exhibit B,
Technical Supplement.
56 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
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Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

is merely receiving existing signals, as is the case here, there is no risk of additional
interference.57 KSAT does not seek protection from interference.

Second, the public interest is served by increasing the availability and timeliness of AIS
and ASM data, which reception by the Station would facilitate. The societal benefits of
AIS and ASM are discussed in Section 1.3, above, and include maritime situational
awareness, maritime safety and port security, among others. It is also in the public
interest to facilitate the development of satellite-linked IoT transponder technology by
permitting the reception of Myriota data at the Station.

3.2. Waiver of Default Processing Rules

The Commission has adopted a modified processing round procedure for NGSO-like
space station applications,58 because “NGSO systems generally cannot operate on the
same spectrum without causing unacceptable interference to each other.”59 KSAT
requests a waiver of this default rule for its application to receive downlinked VHF
Signals data from the Satellite at the Station, and requests that the Commission instead

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 29, ¶ 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.”).
57 See, e.g., Orbcomm License Corp., supra note 29, ¶ 15 (“Because Orbcomm will only receive existing
AIS signals transmitted by maritime vessels, there is no risk of additional interference.”). See also
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).”).
58 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].”).
59 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, supra note 24, at ¶ 3 (quoting First Space Station Licensing Reform
Order).
17 | P a g e

Exhibit A – Narrative Supplement
FCC Form 312 – Modification Application for EV8
Applicant: Kongsberg Satellite Services AS
Call Sign: E160028

apply the first-come, first-served procedure used for GSO-like systems, as outlined in
Section 25.158.60

The Commission has said it is inclined to grant a waiver where there is “little potential
for interference.”61 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.”62 Licensing
VHF Signals data reception at the Station in the 5167.5–5198.5 MHz band as proposed
here would not preclude other parties from using the spectrum. As discussed in section
3.1, the proposed reception in this band will not 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 timely availability of
critical VHF Signals 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.63

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.

60 47 C.F.R. § 25.158.
61 See contactMEO Communications, LLC, supra note 56.
62 Space Imaging Order, supra note 24, at ¶ 4; First Space Station Licensing Reform Order, supra note 59, at
10793 ¶ 74.
63 See, e.g., Space Imaging Order, supra note 24. 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: 2019-01-29 20:59:31
Document Modified: 2019-01-29 20:59:31

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