Attachment Grant

Grant

DECISION submitted by FCC

Grant

2009-07-14

This document pretains to SES-STA-20090709-00854 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2009070900854_722360

A.

                                                E080100       SES—STA—2009070
                                                Row 44 Inc.                     S—G0854        1B2009001878




                                                                                                                                   Approved by OMB
                                                                                                                                          3060—0678

                                 APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY



     APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
     Mobility STA Extension (July 2009)
      1. Applicant

                Name:        Row 44 Inc.                           Phone Number:                              818—706—3111
                DBA Name:                                          Fax Number:
                Street:      31280 Oak Crest Drive,Suite 5         E—Mail:                                    jbcostello@cox.net


                City:        Westlake Village                      State:                                     CA
                Country:     USA                                   Zipcode:                                   91361        —
                Attention:   Jim Costello




                                                                                  rie# SES—STA 2003 0 ‘70%0(1'2.'5 Y

                                                                                  Call Sinh20§0 L.6Q. Gram Date"2/(4(L09
                                                                                  (or other identifier)


2. Contact


             Name:         David S. Keir                       Phone Number:                         (202) 429—8970
             Company:      Lerman Senter PLLC                  Fax Number:                           (202) 293—7783
             Street:       2000 K Street, N.W.                 E—Mail:                               dkeir@lermansenter.com
                            Suite 600
             City:         Washington                          State:                                DC
             Country:      USA                                 Zipcode:                             20006       —
             Attention:    David Keir                          Relationship:                         Legal Counsel


(If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related
application. Please enter only one.)
3. Reference File Number SESLIC2008050800570 or Submission ID

 4a. Is a fee submitted with this application?
@ IfYes, complete and attach FCC Form 159.         If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
«4 Governmental Entity        ¢"% Noncommercial educational licensee
3 Other(please explain):

4b. Fee Classification    CGB — Mobile Satellite Earth Stations

5. Type Request

@ Use Prior to Grant                              > Change Station Location                        C Other



6. Requested Use Prior Date
      07/14/2009
7. CityMobile — Various                                                   8. Latitude
                                                                          (dd mmss.s h)    0   0   0.0    N


9. State                                                                   10. Longitude
                                                                           (dd mm ss.s h)    0   0    0.0   W
11. Please supply any need attachments.
Attachment 1: Explanatory Stmt                    Attachment 2:                                      Attachment 3:


12. Description.   (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.)
    Row 44     seeks a 60—day extension of                 its current STA           (FCC File Nos.          SES—STA—20080711—00928          &
     SES—STA—2009%0417—00507),             granted March 13,           2009 and extended May 15,                 2009,    to operate a
     twelve    (12) AMSS Earth stations mounted on aircraft, for which permanent blanket license
     authority has been sought in FCC File No.SES—LIC—20080508—00570.                                       See attached Explanatory




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is               Yes        4 No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act
of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance.
See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.


14. Name of Person Signing                                                 15. Title of Person Signing
   John Guidon                                                                CEO
           WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                  (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                   (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).


FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT

The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
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DO NOT SEND COMPLETED FORMS TO THIS ADDRESS.

Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not
conduct or sponsor this collection, unless it displays a currently valid OMB control numberorif we fail to provide you with this notice. This
collection has been assigned an OMB control number of 3060—0678.

THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104—13, OCTOBER
1, 1995, 44 U.S.C. SECTION 3507.


12. Description

Row 44 seeks a 60—day extension of its current STA (FCC File Nos. SES—STA—20080711—00928 & SES—
STA—20090417—00507),   granted March 13,   2009 and extended May 15,   2009%,   to operate a twelve   (12)
AMSS Earth stations mounted on aircraft,     for which permanent blanket license authority has been
sought in FCC File No.SES—LIC—20080508—00570.     See attached Explanatory Statement.


                                                                                         Row 44, Inc.
                                                                              STA Extension Request
                                                                                          July 2009




                                EXPLANATORY STATEMENT


         Row 44, Inc. ("Row 44") hereby seeks extension for an additional 60—day period of the
special temporary authority ("STA") initially granted to it on March 13, 2009 and extended on
May 15, 2009 through July 14, 2009. See Row 44, Inc., 24 FCC Red 3042 (Sat Div. 2009)
("STA Order"); Row 44, Inc., DA 09—1078, slip op. (Sat Div., released May 15, 2009) ("STA
Extension Order"). The original STA Order contained a specific provision that the STA was
"not one relating to an ‘activity of a continuing nature‘ for purposes of 47 C.F.R. § 1.62 and
5 U.S.C. § 558(c)." STA Order at 5 (« 8). That condition on the STA was removed from the
STA Extension Order such that the submission of this timely extension request continues Row
44‘ s authority during the period of its pendency before the FCC pursuant to Section 1.62 of the
Commission‘s Rules. 47 C.F.R. § 1.62.

         The current STA was granted to allow Row 44 to conduct both in—flight testing and
proof—of—concept market trials using up to twelve (12) aircraft Earth stations ("AESs") for which
a blanket aeronautical mobile satellite service ("AMSS") license has been sought in Row 44‘s
pending license application (File No. SES—LIC—20080508—00570/Call Sign E080100).‘ Row
44‘ trial operations have proven very successful. Substantial testing has been conducted
involving both the AMC—2 (101° W.L.) and Horizons—1 (127° W.L.) satellites with no adjacent
satellite interference being detected.

       Row 44 submitted its Flight Test Report pursuant to the initial STA Order on May 11,
2009, more than thirty days earlier than required. See "Satellite Interference Test Plan and
Report: Row 44 Satellite Broadband System." Row 44 had previously complied with the
condition contained in paragraph 7(e) of the original STA Order, which required it to submit by
April 13, 2009 a detailed report on ground testing conducted pursuant to previously granted
STAs for operations at a fixed location. This report was submitted on April 13, 2009. See


‘ Row 44 plans to offer a commercial broadband Internet data service to passengers and crew aboard
commercial aircraft traveling in North American airspace, consistent with the framework that the
Commission has proposed in its AMSS rulemaking proceeding. See Service Rules and Procedures to
Govern the Use ofAeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to
the Fixed Satellite Service, 20 FCC Red 2906 (2005) ("AMSS NPRM). Relevant details concerning all
facilities to be used in connection with Row 44‘s testing program are contained in the technical
information submitted with its pending AMSS license application. See, e.g., Schedule B, FCC File No.
SES—LIC—20080508—00570, as amended.

> Row 44 understands that, because AMSS is a secondary allocation at Ku—band, both its STA operation
and any permanent operation ultimately licensed must operate on a non—harmful—interference basis with
respect to primary users in the band, and must accept any interference caused by these licensees.


                                                                                     Row 44, Inc.
                                                                            STA Extension Request
                                                                                          July 2009


"Report Concerning Pointing Accuracy Ground Testing of the HR6400 Antenna System for
Aeronautical Mobile—Satellite Service."

        Grant of the extended authority requested herein will serve the public interest by
permitting Row 44 to maintain its technical testing program for new mobile broadband service.
These operations will allow Row 44 and its partners to continue gathering useful performance,
operations and market test data under a variety of conditions and on different routes. Of course,
to the extent that any additional data gathered by Row 44 during these operations could be
relevant to the FCC‘s ongoing consideration of the pending license application, such information
will be submitted to the Commission promptly as a supplement to any report previously filed
with the FCC concerning the STA operations.

        As noted, extended operation under the current STA will permit Row 44‘s airline
customers to continue their market research concerning passenger preferences and optimal
pricing for their ultimate in—flight broadband packages without unnecessary interruption.
Preliminary surveys conducted by Row 44‘s partners show that this service is much—desired and
needed by the traveling public. See Attachment, Alaska Airlines Press Release, "Alaska Airlines
Announces Key Findings of In—Flight Wi—Fi Service Trial," dated April 14, 2009.

        Given the successful operation to date under the initial STA, no public interest purpose
would be served by suspending the testing program while the FCC considers final action on the
underlying application. As Row 44 has noted previously, both the technical and market trial
aspects of the current STA are little different from operation under an FCC experimental license,
an authorization that may be granted without any Public Notice or formal proceedings for a
period of two years, and in some cases, as long as five. Row 44 anticipates that an STA will be
required for an additional period of only days or weeks. Indeed, it is hoped that the Commission
will be in a position to grant the application even before the current STA expires, obviating any
need to act on this extension request. In any case, Row 44 simply seeks continued authority to
gather technical data and operational experience with its AMSS antenna system for the duration
of the period required for the FCC to resolve any remaining issues concerning issuance of an
AMSS system license.

        Based on all of the information included herewith, Row 44 requests that the FCC grant it
an extension of its current STA to continue its in—flight testing program for a period of sixty (60)
days, beginning July 14, 2009.


                        ATTACHMENT

                      Alaska Airlines Press Release
"Alaska Airlines Announces Key Findings of In—Flight Wi—Fi Service Trial"
                            (April 14, 2009)


                       TostawWrones
               »                               NEWS
Contact:     Bobbie Egan               —~or—   Melissa Liton
             Alaska Airlines                   Communiqué PR
             (206) 392—5134                    (206) 282—4923 ext. 122



FOR IMMEDIATE RELEASE                                                                          April 14, 2009


                          ALASKA AIRLINES ANNOUNCES KEY FINDINGS
                                   OF INFLIGHT WI—FI SERVICE TRIAL
                   Passengers embrace service; Airline will begin testing price points this week

       SEATTLE — Alaska Airlines today announced initial results of its Inflight Wi—Fi service
trial, which was launched on Feb. 26, 2009. More than 2,100 passengers logged on and used
Alaska Airlines Inflight Wi—Fi. Of those passengers who tried the service and completed a
survey during or after their flight, more than 96 percent intend to use it again.
       Additional key findings of the survey include:
e   More than 78 percent of those who tried the Inflight Wi—Fi service are either "extremely
    likely" or "very likely" to recommend it.
e   More than 75 percent felt the service was either "excellent‘" or "very good."
e   About 35 percent of passengers accessed the service with portable devices such as smart
    phones. Other passengers surfed the Web on devices such as notebook computers.
       Some of the most popular activities customers used the service for included checking
e—mail, downloading and listening to music, watching streaming media and interacting on
social networks.
           "Alaska Airlines Inflight Wi—Fi was fast and consistent," said passenger C.J. Adams of
Marysville, Wash. "As a frequent business traveler, I was thrilled to have Internet access while
in flight and appreciated the opportunity to work in real—time — it even made my flight seem
shorter. I will definitely use this service on future Alaska Airlines flights."




                                                      —more—


       Alaska Airlines will begin evaluating pricing models for the service this week and will
continue to gather feedback from customers. "Our most important consideration in determining
the price of Alaska Airlines Inflight Wi—Fi is providing value to our passengers," said Steve
Jarvis, Alaska‘s vice president of marketing, sales and customer experience. "The initial

feedback we‘re getting is overwhelmingly positive. We will continue to optimize the service
and listen closely to our customers to find the right price that is both competitive with other
airlines and fits comfortably within our passengers‘ budgets."
       The airline plans to set a final price for the service later this year. Passengers will be able
to purchase the service using all major credit cards via the Inflight Wi—Fi secure payment
process.


About the service trial
      Alaska Airlines Inflight Wi—Fi, provided by Row 44, is currently available onboard
Alaska‘s one specially—equipped Boeing 737—700, with plans to install it on additional aircraft in
the coming months.
       The airline conducted extensive ground and inflight tests of the technology prior to the
service trial to ensure the system does not interfere with aircraft navigation equipment. In
addition, the aircraft equipment has received complete airworthiness certification from the
Federal Aviation Administration. The service is being offered on a trial basis and has not yet
received final Federal Communications Commission approval.


About Alaska Airlines
      Alaska Airlines and Horizon Air, subsidiaries of Alaska Air Group (NYSE: ALK),
fogether serve more than 90 cities through an expansive network in Alaska, the Lower 48,
Hawaii, Canada and Mexico. Alaska Airlines ranked "Highest in Customer Satisfaction among
Traditional Network Carriers (tie)" in the J.D. Power and Associates 2008 North America
Airline Satisfaction Studys¥. For reservations, visit alaskaair.com. For more news and
information, visit the Alaska Airlines/Horizon Air Newsroom at alaskaair.com/newsroom.




                                                ###



Document Created: 2019-04-08 12:46:41
Document Modified: 2019-04-08 12:46:41

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