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, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to PRA@fce.gov. PLEASE 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. ###


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