Attachment Response

Response

RESPONSE TO REPLY COMMENTS submitted by Latham & Watkins LLP

Response

2008-08-13

This document pretains to SES-STA-20080811-01049 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2008081101049_658820

555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004—1304 Tel; +1.202.637.2200 Fax: +1.202.637.2201 www.lw.com FIRM / AFFILIATE OFFICES L AT H A M & WAT K I N S LLP Barcelona New Jersey . reaay Brussets New York cef p\(fi:@ ‘? \EY) Chicago Northern Virginia F\\-'Efll “& Dubai Orange County N)G ‘\ '3 ?,“ on Frankfurt Paris 0 . egamss Hamburg Rome August 13. 2008 Co‘““\““\ca“g:(e?a“f Hong Kong San Diego € ‘ gederal atice of me London San Francisco Los Angeles Shanghai Madrid Silicon Vatley Milan Singapore Moscow Tokyo Marlene H. Dortch Munich Washington, D.C. Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Application of Row 44, Inc. for Special Temporary Authority FCC File No. SES—STA—20080811—01049; Call Sign E080100 Dear Ms. Dortch We are writing in response to the above—referenced request for special temporary authority ("STA") filed by Row 44, Inc. ("Row 44") on August 11, 2008. In its request, Row 44 seeks STA to test a temporary fixed earth station with technical characteristics identical to those specified in Row 44‘s pending application for blanket authority to operate aeronautical—mobile satellite service ("AMSS") terminals in the Ku—band. See FCC File No. SES—L1IC—20080508— 00570 ("Row 44 AMSS Application"). As explained more fully in ViaSat‘s Petition to Deny the Row 44 AMSS Application, (filed Jun. 27, 2008), and ViaSat‘s related Reply (filed Aug. 7, 2008), the Row 44 AMSS Application is incomplete and does not demonstrate compatibility with a two—degree operating environment. ViaSat hereby incorporates these pleadings, as well as ViaSat‘s August 8, 2008 letter response in connection with Row 44‘s other pending STA request (see FCC File No. SES— STA—2008—0711—00928), into the record of this proceeding. ViaSat acknowledges that in the instant STA request, Row 44 does not seek authority to operate AMSS terminals on moving aircraft. Nevertheless, as previously demonstrated in the above—referenced ViaSat pleadings, the underlying Row 44 AMSS Application contains inconsistent information with respect to the proposed technical characteristics of these terminals, such that the proposed parameters of even stationary operations are unclear. The Commission has already acknowledged the incomplete nature of the Row 44 AMSS Application, and has asked Row 44 to provide additional information about its proposed network. See Letter from Scott A. Kotler, Chief, Systems Analysis Branch, Satellite Division, International Bureau to David S. Keir (Aug. 7, 2008). DC\A127337.1

Martene H. Dortch August 13, 2008 Page 2 LATHAM&WATKINS« ViaSat respectfully submits that Row 44 should be required to provide the missing information, and correct the identified inconsistencies and deficiencies in its Row 44 AMSS Application, before the Commission considers this STA request. Otherwise, consistent with Commission precedent, this STA request should be dismissed as defective under Section 25.112 of the Commission‘s rules. In sum, given the current state of the record, grant of the requested STA would be premature, at best. Please contact the undersigned should you have any questions. Sincerely yours, P. Janka Jarrett S. Taubman Counselfor ViaSat, Inc. ce: Robert Nelson Fern Jarmulnek Karl Kensinger Andrea Kelly Scott Kotler Sophie Arrington Jeanette Spriggs David S. Keir, Counsel to Row 44, Inc. DC\M127337.1


Document Created: 2008-08-14 08:04:12
Document Modified: 2008-08-14 08:04:12
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