Ex parte response to

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Iridium Satellite LLC

Ex parte 04-17-2015

2015-04-17

This document pretains to SES-MOD-20130416-00323 for Modification on a Satellite Earth Station filing.

IBFS_SESMOD2013041600323_1084168

                                                           LAW OFFICES
                               GOLDBERG, GODLES, WIENER & WRIGHT LLP
                                                1229 NINETEENTH STREET, N.W.
                                                WASHINGTON, D.C. 20036-2413


HENRY GOLDBERG                                                                                           (202) 429-4900
JOSEPH A. GODLES                                                                                         TELECOPIER:
JONATHAN L. WIENER                                                                                       (202) 429-4912
DEVENDRA (“DAVE”) KUMAR                                                                                          e-mail:
     ________
                                                                                                    general@g2w2.com
HENRIETTA WRIGHT                                                                                website: www.g2w2.com
THOMAS G. GHERARDI, P.C.
COUNSEL
    ________

THOMAS S. TYCZ*
SENIOR POLICY ADVISOR
*NOT AN ATTORNEY
                                               April 17, 2015

    Via Electronic Filing

    Marlene H. Dortch
    Secretary
    Federal Communications Commission
    445 12th St., S.W.
    Washington, DC 20554

    Re:         Ex parte filing
                Applications of Iridium Satellite LLC and Iridium Carrier Services LLC for
                Modification of Blanket Earth Station Licenses to Permit AMS(R)S
                Communications
                File Nos. SES-MOD-20130416-00322 and SES-MOD-20130416-00323

    Dear Ms. Dortch:
             In the above-referenced applications (the “Applications”), Iridium Satellite LLC
    and Iridium Carrier Services LLC (collectively, “Iridium”) are seeking license
    modifications that would authorize using Iridium’s blanket-licensed earth stations on
    aircraft to provide AMS(R)S in oceanic, polar, and remote regions. Inmarsat Inc.
    (“Inmarsat”) asked that the Commission refrain from processing the Applications until
    Iridium provides additional information that, in Inmarsat’s view, should have been
    included with the Applications. 1 Iridium opposed Inmarsat’s Request, 2 and Inmarsat
    filed a reply. 3
            Inmarsat made new arguments in its Reply. Inmarsat argued for the first time
    that interference from aircraft to aircraft could be a concern, and it suggested that the
    Commission require Iridium to provide warning statements concerning the possibility
    of interference.



    1
      See Inmarsat’s Request to Hold in Abeyance (“Request”), filed December 19, 2014.
    2
      See Iridium’s Opposition to Request to Hold in Abeyance (“Opposition”), filed Jan. 9, 2015.
    3
      See Reply of Inmarsat to Iridium Opposition (“Reply”), filed Jan. 22, 2015.


                                                 -2-

       This is the first opportunity Iridium has had to respond to these new arguments.
Iridium, by its undersigned counsel, demonstrates in this filing that: (1) interference
from aircraft to aircraft is a non-issue; (2) additional warning statements are
unnecessary; and (3) Inmarsat’s position relating to warning statements moots its
arguments concerning whether Iridium has provided sufficient technical information.
        1.       Aircraft separation distances resolve any aircraft-to-aircraft
                 interference concerns
        Prior to its Reply, Inmarsat’s interference arguments focused on “the potential
for interference when Iridium and Inmarsat aeronautical earth station (‘AES’) terminals
are installed on the same aircraft.” 4 Inmarsat’s position before this proceeding began
had been that any such interference issues “could be left up to the marketplace for
resolution.” 5 In keeping with that position, Inmarsat stated in its Request that it is
seeking additional technical information from Iridium only so it could “confirm that the
market-based solutions that Inmarsat previously had envisioned still would be a
reasonable solution” when Inmarsat’s terminals and Iridium’s terminals are installed on
the same aircraft. 6
        In its Reply, Inmarsat for the first time raised concerns about the potential for
interference when Inmarsat’s and Iridium’s aeronautical terminals operate on different
aircraft. 7 Inmarsat acknowledged it is “possible” that in oceanic airspace the separation
distances between aircraft would resolve these concerns. 8 Inmarsat claimed, however,
that maintaining the necessary separation distances in remote regions “appears more
challenging.” 9
       The potential for separate-aircraft interference in oceanic airspace has already
been addressed in the civil aviation approval process. The Federal Aviation
Administration has jurisdiction over this approval process with respect to U.S.
airspace. 10
       In a working paper that was presented to ICAO’s Aeronautical Communications
Panel (“ACP”), it was determined that harmful interference to Iridium’s aeronautical



4
  Inmarsat Request at 4.
5
  Inmarsat Request at 4.
6
  Inmarsat Request at 6.
7
  See Inmarsat Reply at 6.
8
  Inmarsat Reply at 6.
9
  Id.
10
   The civil aviation approval process for AMS(R)S involves the International Civil Aviation
Organization (“ICAO”) internationally and the Radio Technical Commission for Aeronautics (“RTCA”)
and the FAA domestically. ICAO develops Standards and Recommended Practices (“SARPs”) for MSS
service providers, including Iridium, to provide AMS(R)S. The SARPs are binding upon ICAO
contracting states, including the United States. RTCA is a Federal Advisory Committee sponsored by the
FAA that develops and approves MSS hardware and network performance technical specifications for
AMS(R)S. Based on the guidelines developed by RTCA, the FAA adopts performance standards to
accommodate the provision of AMS(R)S services; conducts AMS(R)S equipment testing in conjunction
with commercial airlines; and approves use of MSS equipment for AMS(R)S in U.S. airspace.


                                                  -3-

terminals is improbable and is within levels that Inmarsat considers “acceptable.” 11
The analysis was based on “the on-going volumetric analysis by Honeywell and
Inmarsat towards ensuring the RF compatibility of Inmarsat/MTSAT and Iridium
services.” 12 Because the findings were “still being checked for accuracy,” the ACP
asked that Honeywell provide a further briefing at a follow-up meeting. Honeywell
reaffirmed the prior findings at that meeting. 13 There is no need to relitigate these
issues before the Commission.
        Although the findings presented to the ACP focused on oceanic airspace, they
are applicable to polar and remote regions, too, because the separation standards for
aircraft operating in polar and remote regions, outside of radar coverage, are consistent
with the regulations for operation in oceanic airspace. Inmarsat’s suggestion that the
interference environment in remote areas could be more challenging, therefore, is
unwarranted.
       It is worth emphasizing that the only interference issue raised by Inmarsat
concerns the possibility that Iridium’s aeronautical terminals would receive interference
from Inmarsat’s aeronautical terminals. 14 Inmarsat does not dispute that its
aeronautical receivers will be adequately protected.

        2.       Duplicating the warning statements already called for by RTCA is
                 unnecessary
        If an aircraft operator elects to install Iridium and Inmarsat terminals on the
same aircraft, it has an obligation to demonstrate to the FAA the proper operation of the
Iridium system if it is intended to be used for AMS(R)S communications. Inmarsat
concedes in its Reply that in the case of Inmarsat and Iridium terminals that are
installed on the same aircraft, market forces can work “if consumers are adequately
apprised of the risk before they subscribe to Iridium’s service.” 15 Inmarsat then
suggested for the first time that the Commission require the provision of the same
warning statement that is recommended by RTCA. 16 This warning statement alerts
aircraft owners that simultaneous operation of Inmarsat and Iridium AES equipment on
the same aircraft has the potential to cause interference to Iridium’s terminals, and
hence measures must be taken in order to ensure proper operation of the Iridium AES
equipment if it is to be used for AMS(R)S communications.



11
   Aeronautical Communications Panel, First Meeting of the Working Group of the Whole, Montreal,
Canada 21 – 25 April 2008, ACP-WGW2/WP-12 (Apr. 21, 2008).
12
   Id.
13
   E.F.C. LaBerge,“Updated Analysis of Inmarsat and Iridium Aeronautical Services in the Same Oceanic
Airspace,” released to ICAO ACP WGM (June 18, 2008), based on work “jointly supported by Inmarsat
and Honeywell” (id. at 4).
14
   Iridium acknowledged this possibility in its Applications and agreed to a condition under which
Iridium would not, absent an interoperator arrangement, have “additional [interference] protection … for
AMS(R)S operations” vis-à-vis Inmarsat’s previously authorized MSS operations in adjacent frequency
bands. Iridium Opposition at 5.
15
   Inmarsat Reply at 7.
16
   Id.


                                                    -4-

        A Commission requirement for a warning statement is unnecessary. Iridium
routinely provides the RTCA-recommended warning statement to aircraft owners, and
the content of the warning statement is well known in the aviation industry. Given
these circumstances, a Commission requirement would be duplicative.
         3.       Inmarsat’s arguments relating to the sufficiency of Iridium’s
                  technical information have become moot
      Inmarsat’s concession as to warning statements moots its arguments concerning
whether Iridium has provided sufficient technical information.
        Inmarsat previously stated it is seeking technical information from Iridium so it
can confirm that market-based solutions remain a reasonable approach for terminals
installed on the same aircraft. 17 Now Inmarsat is conceding, however, that market
forces can work – without regard to the content of Iridium’s technical showing - if
aircraft owners receive adequate warning of the possibility of interference to Iridium
terminals that are installed on the same aircraft as Inmarsat terminals. 18 And by
Inmarsat’s own admission, the RTCA-approved statements that Iridium is using
provide adequate warning. 19 Inmarsat’s basis for seeking additional technical
information from Iridium, therefore, has become moot. 20




17
   See Inmarsat Request at 6.
18
   See Inmarsat Reply at 7.
19
   See Inmarsat Reply at 7-8.
20
   Although it is not directly relevant to the issues addressed in this filing, Iridium notes it will be
updating the appendix to DO-262B to remove the AES3-7 and AES3-8 class of antennas that have an
active (powered) antenna such as IGA switched or IGA/HGA phased steering array.


                                           -5-

                                      Conclusion
       For the reasons stated herein and in Iridium’s Applications and Opposition, the
Applications should be granted.
       Please direct any questions regarding this filing to the undersigned.

                                             Respectfully submitted,



                                             /s/ Joseph A. Godles
                                                  Joseph A. Godles
                                                  GOLDBERG, GODLES, WIENER
                                                    & WRIGHT LLP
                                                  1229 19th Street, N.W.
                                                  Washington, D.C. 20036

                                                 Counsel for
                                                  Iridium Satellite LLC and
                                                    Iridium Carrier Services LLC


cc:    Jose Albuquerque (International Bureau)
       Karl Kensinger (International Bureau)
       Paul Blais (International Bureau)
       Christopher J. Murphy (Inmarsat)
       John P. Janka (Latham & Watkins)



Document Created: 2015-04-17 14:23:00
Document Modified: 2015-04-17 14:23:00

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