Attachment KVH Agreement

KVH Agreement

LETTER submitted by KVH Industries, Inc.

Application for Authority and STA Request to Operate Ku-band ESV Network

2008-11-20

This document pretains to SES-STA-20081105-01449 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2008110501449_680234

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                                                                                                                                ecnalda@ssd.com



  November 20, 2008

   BY HAND DELIVERY

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

            Re:           KVH Industries, Inc., Application for Authority and STA Request To Operate
                          Ku—band ESV Network (Call Sign EO10236, File Nos. SES—LIC—20081104—01450
                          and SES—STA—20081105—01449 )

  Dear Ms. Dortch:

          KVH Industries, Inc. ("KVH"), pursuant to Section 1.65 of the Commission‘s Rules, 47 C.F.R.
  § 1.65, hereby submits the enclosed Technical Operational Coordination Agreement for the Joint Usage of
  the Band 14.0— 4.5 GHz Between the National Science Foundation and Earth Stations Onboard Vessels
  (ESVs) Operated by KVH, Inc. ("Coordination Agreement"). On November 4, 2008, KVH filed the
  above—captioned application and request for special temporary authority ("STA") to operate a Ku—band
  ESV network. The enclosed Coordination Agreement, entered into pursuant to Section 25.222(e) of the
  Commission‘s rules, 47 C.F.R. § 25.222(e), governs the use of KVH ESVs operating in the Pacific Ocean
  region to ensure the protection of radio astronomy stations operations in the 14.47 — 14.5 GHz band.

           Please feel free to contact me with any questions or if you require any additional information to
  facilitate expeditious action on the STA request and underlying application.

                                                                          Respectfully submitted,



                                                                          Carlos M. Nalda
                                                                          Counsel to KVH Industries, Inc.

  Enclosure

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            TECHNICAL OPERATIONAL COORDINATION AGREEMENT
               FOR THE JOINT USAGE OF THE BAND 14.0 —14.5 GHz
               BETWEEN THE NATIONAL SCIENCE FOUNDATION
               AND EARTH STATIONS ONBOARD VESSELS (ESVS)
                    OPERATED BY KVH INDUSTRIES, INC.

Radio astronomy observations are conducted in       the 14.47—14.5 GHz band in the USA at a
number of radio astronomy sites. KVH Industries,    Inc. ("KVH") desires to operate a network of
in—motion earth stations onboard vessels ("ESVs")   in Pacific Ocean region, which will operate in
portions of the 14.0 to 14.5 GHz transmit and the   10.7 to 12.2 GHz receive band.‘ The present
agreement is intended to facilitate operation of the KVH ESV network, without causing
interference to Radio Astronomy stations.

1.     General Information

1.1    The band 14.47 to 14.5 GHz is allocated to the radio astronomy service on a secondary
       basis. The band 14.0 —14.5 GHz is allocated in the United States to the Fixed—Satellite
       Service ("FSS") on a primary basis, and ESVs are considered an application of the FSS.
       Despite their respective allocation priority, KVH undertakes to fully protect radio
       astronomy service from interference.

1.2    KVH plans to file an application with the FCC to operate up to six hundred (600)
       technically identical transmit/receive ESVs to operate in the 10.7 — 12.2 and 14.0 — 14.5
       GHz frequency bands.

1.3    This agreement document has been developed to govern the use of all KVH ESVs
       operating in the Pacific Ocean region to ensure the protection of radio astronomy stations
       operations in the 14.47 to 14.5 GHz band.

1.4    The Electromagnetic Spectrum Management Unit (ESMU) of the National Science
       Foundation ("NSF") has the authority to negotiate and sign this agreement for the radio
       astronomy site listed in Section 2, and KVH has the authority to negotiate and sign this
       agreement on behalf of itself.

1.5    This agreement constitutes coordination under 47 CFR 25.222(e).


                                                                       /


‘ ESV receive operations in the 10.7—11.7 GHz "extended" Ku—band are permissible but
conducted on an unprotected basis.


2.     NSF supported Radio Astronomy Observatories Covered by this Agreement

Only the radio astronomy site at Mauna Kea, Hawaii (latitude 19° 48‘ 05" N, longitude 155° 27
20" W) supported by NSF is included in this agreement. All other radio astronomy sites that
utilize the 14.47 — 14.5 GHz band are sufficiently distant from KVH‘s planned Pacific Ocean
region operational area so as to not require specific coordination to adequately protect these sites.

NSF shall give KVH no less than two (2) months advance notice of changes in the status of
existing sites, or of any additional radio astronomy site being brought into use in the 14.47 — 14.5
GHz band. In case of any change to the protected sites, either party may reopen this agreement
to address issues arising in connection with such change.

3.     Technical Operational Coordination Agreement

NSF and KVH agree to the following:

3.1    The purpose of this agreement is to provide protection to the radio astronomy site
       identified in Section 2 in the 14.47 — 14.5 GHz band during periods of radio astronomy
       observations to the following aggregate pfd levels within that band: —187 dB(W/m*/Hz).

3.2    This agreement shall be reviewed on an annual basis by all parties signing this document
       beginning within one year after KVH has informed NSF of the start of service under an
       operational special temporary authorization or license. The purpose of this review is to
       assess the effectiveness of this agreement as well as to update as applicable this or
       successor operational coordination agreements.

3.3    Each party shall inform the other party in a timely manner of changes in the points of
       contact as defined in Section 5.

KVH agrees to:

3.4    Prevent transmissions from any ESV that would exceed the threshold given in Section 3.1
       above. Based on KVH‘s technical parameters and Section 25.222(e) of the FCC‘s ESV
       rules, KVH will achieve this by ensuring that the ESV terminals will not operate within
       an exclusion zone of 125 km around the Mauna Kea, Hawaii radio astronomy site during
       radio astronomy observations.

3.5    Respond, as expeditiously as practicable, to an NSF request for protection in accordance
       with Section 3.4 for observations of special transient celestial objects (comets,
       supernovae, and other celestial objects of heretofore unknown type) that are not
       anticipated by the schedule of Section 3.6, and that may need to be accommodated on
       shorter notice. Requests for such observations are not expected to exceed 40 hours per
       calendar year.


NSF agrees to:

3.6    Maintain an observation schedule for the band 14.47 — 14.5 GHz for the site listed in
       Section 2 and make this schedule available upon request to the designated KVH point—of—
       contact listed in Section 5.2.

3.7    Provide, through NRAO, full access to KVH representatives to data on interference that
       may be collected during observations that fall within the scope of this agreement.

4.     Assignment and Termination

4.1    This agreement shall be binding upon the parties hereto and their respective successors
       and assigns.

4.2    This agreement may be terminated by the written mutual agreement of the parties, upon 6
       months notice.

5.     Points of Contact

5.1    Points of contact concerning this agreement.

Name: Dr. Andrew W. Clegg                        Name: Felise Feingold                     _
Title: Program Director, ESMU                    Title: Vice President and General Counsel
Organization: National Science Foundation        Organization: KVH Industries, Inc.
Address: 4201 Wilson Boulevard,                  Address: KVH Industries, Inc.
          Room 1045                                        50 Enterprise Center
City State Zip: Arlington VA 22230               City State Zip: Middletown, RI 02842
Phone: (703) 292—4892                            Phone: 1—401—845—8148
Fax: (703) 292—9034                              Fax: 1—401—849—0045
E—mail: esm@nsf.gov                              E—mail: ffeingold@kvh.com


5.2    Contacts concerning the notification of radio astronomy observation schedules:

Dr. Harvey Liszt                                 Name: Brian Arthur
Title: Spectrum Manager                          Title: Vice President, Product Development
Organization: NRAO                               Organization: KVH Industries, Inc.
Address: NRAQO             |                     Address: KVH Industries, Inc.
         520 Edgemont Road                                50 Enterprise Center
         Charlottesville, VA 22903—2475                   Middletown, RI 02842
Phone 434.296.0344                               Phone 1—401—845—8153
Fax: 434.296.0278                                Fax: 1—401—845—8116
E—mail: hliszt@nrao.edu                          E—mail: barthur@kvh.com


6.       Signatures

         This Agreement is being made in good faith by both parties and is effective on the date
         on which the last party signs it. It may be executed in one or more counterparts, each of
         which will be deemed an original and all of which together will constitute one and the
         same instrument.

For the National Science Foundation               For KVH Idustnes%

By:___/                                           By:       ,           _   V\M
          F4                 U i                              V T   J



Name: Dr. Andrew W. Clegg                         Name: Felise Femgold

Title: Program Director, ESMU                     Title: Vice President and General Counsel

Date:_   11 [ 20 l O%                             Date:       \\/[(3]/0 Y



Document Created: 2008-11-24 11:33:12
Document Modified: 2008-11-24 11:33:12

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