Attachment O3b - DA 15-601 ses

O3b - DA 15-601 ses

LETTER submitted by IB-FCC

Grant

2015-05-20

This document pretains to SES-MSC-20150206-00066 for Miscellaneous on a Satellite Earth Station filing.

IBFS_SESMSC2015020600066_1088497

Federal Communications Commission Washington, D.C. 20554 May 20, 2015 DA 15—601 Ms. Suzanne Malloy Vice President, Regulatory Affairs O3b Limited 900 17"" Street NW, Suite 300 Washington, DC 20006 Re: O3b Limited IBFS File No. SES—MSC—20150206—00066 Dear Ms._ Malloy: On February 6, 2015, 03b Limited (O3b) filed a request for waiver of the United States Table of Frequency Allocations and the Commission‘s Ka—band Plan‘ in connection with its plan to conduct tests and demonstrations, and provide commercial service using earth stations on six non—U.S. registered maritime vessels in and near U.S. territorial waters." O3b Limited‘s service will involve up to three 2.2 meter diameter antennas per maritime vessel which will operate using the 27.6—28.35 GHz (Earth—to— space) and 17.8—18.3 GHz (space—to—Earth) frequency bands to communicate with its non—geostationary orbit (NGSO) Fixed—Satellite Service (FSS) system licensed by the United Kingdom." O3b indicates that its operations aboard non—U.S. registered maritime vessels will be pursuant to an authorization from the ‘ The Commission issued a series of related Orders in CC Docket No. 92—297 and IB Docket No. 98—172 establishing a designation plan for use of the Ka—band by non—Federal users. Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission‘s Rules to Redesignate the 27.5—29.5 GHz Frequency Band, to Reallocate the 29.5—30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, First Report and Order and Fourth Notice ofProposed Rulemaking, 11 FCC Red 19005 (1996) (Ka—band Report and Order), modified by Third Report and Order, 12 FCC Red 22310 (1997); Redesignation of the 17.7—19.7 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the 17.7—20.2 GHz and 27.5— 30.0 GHz Frequency Bands, and the Allocation of Additional Spectrumin the 17.3—17.8 GHz and 24.75—25.25 GHz Frequency Bands for Broadcast Satellite Service Use, Report and Order, IB Docket 98—172, 15 FCC Red 13430 (2000) (18 GHz Report and Order). > 03b states that the maritime vessels will be located in or near U.S. wéters surrounding Fort Lauderdale, Puerto Rico, and the U.S. Virgin Islands. The areas served by the maritime vessels are at latitudes north of 13°. O3b Limited Waiver Request, IBFS File No. SES—MSC—20150206—00066 (O3b Waiver Request), Narrative at 2. } 03b launched its first four satellites in 2013, and eight satellites in 2014. O3b was granted U.S. market access for all 12 satellites in January 2015. See O3b Limited, IBFS File Nos. SAT—LOI—20141029—00118 and SAT—AMD— 20150115—00004 (granted Jan. 22, 2015). The Satellite Division granted 03b a blanket license application to operate up to one hundred 2.2 meter diameter antennas, and one hundred 1.2 meter diameter antennas on U.S. registered maritime vessels using the 18.8—19.3 GHz (space —to—Earth) and 28.6—29.1 GHz (Earth—to—space) frequency bands. IBFS File No. SES—LIC—20130528—00455 (granted May 13, 2014). See also Letter to Joslyn Read, VP Regulatory Affairs, 03b Limited, from Jose Albuquerque, Chief, Satellite Division, International Bureau, and Mark Settle, Chief, Policy and Rules Division, Office of Engineering and Technology, 29 FCC Red 5057, DA 14— 637 (IB/OET May 13, 2014). .

Federal Communications Commission DA 15—601 Utilities Regulation and Competition Authority of the Bahamas.* Although the Commission does not license transmissions on non—U.S. registered maritime vessels, 03b is nevertheless required to comply with the Commission‘s interference regulations to the extent its signals are transmitted within the United States and its territories." The use of the radiocommunication frequencies in the United States and its territories must be in accordance with the U.S. Table of Frequency Allocations contained in Section 2.106 of the Commission‘s rules. O3b plans to operate the earth stations on non—U.S. registered maritime vessels in the 27.6—28.35 GHz (Earth—to—space) frequency band, which is allocated in the United States to Fixed Service (FS), FSS (Earth—to—space), and Mobile services on a primary basis for non—Federal use, and, according to the Ka—band Plan, designated to Local Multipoint Distribution Systems (LMDS) on a primary basis, and to FSS on a secondary basis.® O3b also plans to operate using the 17.8—18.3 GHz (space—to—Earth) frequency band, which is allocated in the U.S. Table of Frequency Allocations and designated under the Ka—band Plan for terrestrial FS on a primary basis for non—Federal use, and with no provision for NGSO FSSoperations in this frequency band.‘ Because the Commission has not adopted technical rules governing Ka—band operations aboard maritime vessels,° we view O3b‘s planned operations as requiring a waiver of the Commission‘s U.S. Table of Frequency Allocations and the Ka—band Plan." In 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 U.S. Table of Frequency Allocations and when the non—conforming operator accepts any interference from authorized services."" O3b represents that its operations will not cause harmful interference to present or future users of these bands. In particular, O3b provides an analysis that it will not cause interference to any service authorized under the U.S. Table of Frequency Allocations, and will accept interference from services authorized by the Commission." * 03b Waiver Request, Narrative at 3. * See 47 U.S.C. § 306. This section provides that Section 301 of this title shall not apply to any person sending radio communications or signals on a foreign ship while the same is within the jurisdiction of the United States, but such communications or signals shall be transmitted only in accordance with such regulations designed to prevent interference as may be promulgated under the authority of this Act. See also United States v. McIntire, 365 F. Supp. 618, 622 a.11 (D.N.J., 1973) (The Commission has authority to take action against a party broadcasting in violation of its rules, without a license, and whose broadcasts causes interference to Commission—licensed broadcasters, even though the broadcaster was operating from a boat outside U.S. territorial waters). 6 Ka—band Report and Order, 11 FCC Red at 19025. 47 C.FR. § 2.106; 18 GHz Report and Order, 15 FCC Red at 13445. 8 47 C.F.R. § 2.106; Ka—band Report and Order, 11 FCC Red 19005 (1996) and Third Report and Order, 12 ECC Red 22310 (1997). ° The Ka—band Plan provides that GSO/FSS and NGSO/FSS systems will be permitted to operate on a non— interference basis to LMDS in the 27.5—28.35 GHz frequency band for the purpose of providing limited gateway— type services. O3b characterizes its service as "gateway—type" and claims it has secondary status in the band. We note that O3b is proposing operations aboard maritime vessels, for which there are no technical rules. Consequently, O3b‘s operations have no status in this band. Contactmeo Communications, LLC, Order and Authorization, 21 FCC Red 4035, 4044 (IB 2006); see also 47 CFR. § 1.3. " O3b Waiver Request, Narrative at 2. It is our understanding that O3b will operate within the EPFD limits of Article 22 (Articles 22.5C, 22.5D, and 22.5F) of the International Telecommunication Union (ITU) Radio Regulations. See O3b Waiver Request, Attachment A at 5—13.

Federal Communications Commission DA 15—601 O3b states that it can operate its maritime earth stations without causing interference to LMDS . licensees, and that no objections were received in response to the coordination notice it sent to all existing and proposed terrestrial licensees in the 27.6—28.35 GHz band within applicable coordination distances." O3b also states that it will not operate its maritime earth stations with an elevation angle of less than 10 degrees." Similarly, O3b states thatits use of the 17.8—18.3 GHz band will not cause harmful interference to FS operations in this band because it will comply with all applicable FCC and ITU downlink power flux density limits."" O3b also demonstrated that the operations addressed in the waiver will provide the requisite level of protection for GSO FSS systems." O3b‘s waiver request was placed on public notice on April 1, 2015.‘" No comments or other pleadings have been filed. Based on O3b‘s information on file with the Commission, the proposed operations do not pose a risk of interference to other users of the band."" Accordingly, we grant O3b‘s waiver request conditioned on operations on an unprotected, non—interference basis in the 27.6—28.35 GHz (Earth—to—space) and 17.8—18.3 GHz (space—to— Earth) frequency bands. O3b‘s operations on non—U.S. registered maritime vessels must accept interference from any authorized users in these bands and may not cause harmful interference to any authorized user in these bands. Sincerely, Chief, Satelhte Division International Bureau Chief, Policy and Rules Division Office of Engineering and Technology * O3b Waiver Request, Narrative at 6, and Annex 5, " O3b Waiver Request, Attachment A at 2. * O3b Waiver Request, Narrative at 7, Attachment A at 13. 5 O3b Waiver Request, Attachment A at 5—13. * Public Notice, Satellite Radio Applications Accepted for Filing, Report No. SES—01736 (April 1, 2015). ‘" 03b Waiver Request and attachments.


Document Created: 2015-05-20 17:04:54
Document Modified: 2015-05-20 17:04:54
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