Attachment 20111014150002.pdf

20111014150002.pdf

DECISION submitted by IB/FCC

STA Grant

2011-10-14

This document pretains to SES-STA-20110526-00635 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2011052600635_921285

E110048 SES—STA—20110526—00635 1B2011001502 ViaSat, Inc. 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: Denver STA with 109.2 POC 1. Applicant Name: ViaSat, Inc. Phone Number: 760—476—2583 DBA Name: Fax Number: 760—929—3941 Street: 6155 El Camino Real E—Mail: daryl.hunter@viasat.com City: Carlsbad State: CA Country: USA Zipcode: 92009 — Attention: Mr Daryl T Hunter ~~] me«SC& SM—OL05@G—00 35— Eu_()_@_&_g_(}m’tD'xtc /0//4/Q0//

Conditions of Grant of SES—STA—20110526—00635 Call Sign E110048 Englewood, CO ViaSat Inc.is granted Special Temporary Authority to provide launch and early orbit phase services for the VIASAT—1 satellite (§$2747), to enable in—orbit testing and short— term operations at 109.2° W.L. and also while VIASAT—1 is drifted to its assigned orbital location at 115.1° W.L. This STA is granted for a period not to exceed ninety (90) days from the date of launch which is expected to be on 19 October 2011. Operations will be performed within the parameters of SES—LIC—20110328—00379 as amend by SES—AMD—20110502—00537 and amended attachment A to SES—STA— 20110927—01148 under the following conditions. . 1. ViaSat will have personnel on duty at all times during the STA period and can be contacted at (720) 493—7300. 2. ViaSat will complete coordination the proposed operations with operators of commercial Ka—band satellites within six degrees of 109.2° W.L. 3. Earth station operations must accept interference from the terrestrial fixed services that have co—primary status with GSO/FSS in the 18.3—18.58 GHz (space—to—Earth) until November 19, 2012 per 47 C.E.R. Section 101.147(r ). 4. GSO Earth station operations in the 18.8—19.3 GHz band shall not claim protection _ from any current or future authorized non—Federal NGSO FSS system that VIASAT has not reached a coordination arrangement with; and, any authorized Federal GSO FSS or NGSO FSS system that VIASAT has not reached a coordination arrangement with. 5. Earth station operations must accept interference from the terrestrial fixed services that have the co—primary status with NGSO FSS in the 19.2—19.3 GHz (space—to—Earth) until October 13, 2011 per 47 C.F.R. Section 101.147(r ). 6. Earth station operations must protect primary NGSO/FSS service from interference in the 28.6—29.1 GHz (Earth—to—space). 7. Applicable to all transmitting frequency bands. Authority is granted to transmit any number of RF carriers with the specified parameters on any discrete frequencies within associated band in accordance with the other terms and conditions of this authorization, subject to any additional limitations that may be required to avoid unacceptable levels of inter—satellite interference. 8. The licensee shall take all necessary measures to ensure that the antenna does not create potential exposure of humans to radiofrequency radiation in excess of the FCC exposure limits defined in 47 CFR 1.1307(b) and 1.1310 wherever such exposures might occur. Measures must be taken to ensure compliance with limits for both

occupational/controlled exposure and for general population/uncontrolled exposure, as defined in these rule sections. Compliance can be accomplished in most cases by appropriate restrictions such as fencing. Requirements for restrictions can be determined by predictions based on calculations, modeling or by field measurements. The FCC‘s OET Bulletin 65 (available on—line at www.fee.gov/oet/rfsafety) provides information on predicting exposure levels and on methods for ensuring compliance, including the use of warning and alerting signs and protective equipment for workers. 9. The 17.8 — 20.2 GHz band is shared with U.S. Government space stations and associated earth stations in the fixed—Satellite Services. Services within the United States over the satellite network of which this is a cooperating earth station are subject to coordination under US334 and operation of the earth station(s) authorized herein will be subject to any technical constraints resulting from this coordination. See 47 C.F.R. Section 2.106, Footnote US334. Q@;@Cfibfi/fiv\s SG—sth—?oll052G—0bG35" éu, : .oofitg w::._/.Q.(_l.&f,azo U ‘(F__Q.d,@i, [ :4

2. Contact Name: Daryl T. Hunter Phone Number: 760—476—2583 Company: ViaSat, Inc. Fax Number: 760—929—3941 Street: 6155 El Camino Real E—Mail: daryl.hunter@viasat.com City: Carlsbad State: CA Country: USA Zipcode: 92009 — Attention: Relationship: Same (If your application is related to an application filed with the Commission, enter either the file numberor the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number 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). £3, Governmental Entity g*% Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request 34 Use Prior to Grant D Change Station Location @ Other 6. Requested Use Prior Date 07/20/2011 7. CityEnglewood 8. Latitude — (dd mm ss.s h) 39 32 57.78 N

9. State CO 10. Longitude (dd mm ss.s h) 104 51 52.08 W 11. Please supply any need attachments. Attachment 1: Attachment A 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.) See Attachment A. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes «y 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 Daryl T. Hunter Director, Regulatory Affairs 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).

ECC 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@fcc.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 numberor if 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.

Attachment A Request for Special Temporary Authority to Communicate with VIASAT—1 ViaSat, Inc. ("ViaSat") requests Special Temporary Authority ("STA") to use certain earth station facilities to communicate with its Ka—band VIASAT—1 satellite to enable in— orbit testing and short—term operations at 109.2° W.L. and also while VIASAT—1 is drifted to its ultimate location at 115.1° W.L. The 109.2° W.L. location is not occupied at Ka band and thus is available for these operations. STA is requested for a period not to exceed ninety (90) days from the date of launch, which is expected to occur in late July or early August 2011.‘ ViaSat anticipates being able to notify the Commussion about the precise scheduled launch date of VIASAT—1 prior to actual grant of this STA. ViaSat is filing concurrently the following requests for STA to operate earth stations to communicate with VIASAT—1 at 109.2° W.L. The Commiussion currently has before it the pending applications referenced below, which contain the salient technical parameters that are not contained in this STA request: Antenna Type Antenna Location Pending Application TT&C and Gateway Rapid City, SD E110015 SES—LIC—20101217—01585 SES—AMD—20110128—00074 TT&C and Gateway Milford, UT E110026 SES—LIC—20110228—00212 SES—AMD—20110502—00541 Gateway Denver, CO E110048 SES—LIC—20110328—00379 SES—AMD—20110502—00537 User Terminal Vicinity of Green Bay, WI E100143 SES—LIC—20101217—01585 SES—AMD—20110128—00074 User Terminal Vicinity of Phoenix, AZ E100143 SES—LIC—20101217—01585 SES—AMD—20110128—00074 User Terminal Vicinity of San Diego, CA E100143 SES—LIC—20101217—01585 SES—AMD—20110128—00074 These STAs will allow ViaSat to conduct in—orbit testing of VIASAT—1 immediately after its launch, perform TT&C at 109.2° W.L., and drift the spacecraft from 109.2° W.L. to 115.1° W.L. They also will enable short—term operations at 109.2° W.L. with less The proposed STA operations would commence after the satellite is located at 109.2° W.L. by ViaSat‘s satellite manufacturer, which is expected to occur approximately 11 days after launch. DC\1448922.1

than full two—degree spacing from other existing Ka band satellite operations—namely, ViaSat‘s WildBlue service on WildBlue—1 and Anik F2 at 111.1° W.L. Such short—term operations generally will be consistent with the parameters specified in the pending applications cited above or in the VIASAT—1 authorization, and will allow ViaSat to gather valuable technical data that could assist in the development, coordination and/or operation of broadband satellite systems at locations where the "offsets" required by the Commission‘s safe flight policies do not allow full two—degree spacing. Thus, the proposed operations at 109.2° W.L. present a unique opportunity to create a controlled environment for evaluating actual Ka—band broadband operations at less than two—degree spacing. ViaSat is coordinating the proposed operations with operators of commercial Ka—band satellites within six degrees of 109.2° W.L. In the unlikely event that harmful interference nonetheless occurs, ViaSat will take all appropriate steps to eliminate the interference. In addition, ViaSat has initiated the US334 coordination process for the proposed operations. ViaSat has evaluated the potential for an overlapping station—keeping volume with another spacecraft near 109.2° W.L. No satellite system is currently located at 109.2° W.L., and ViaSat is unaware of any other system that will be located in the immediate vicinity during these proposed operations. In—orbit testing will consist of performance verification testing of each beam on VIASAT—1. The Rapid City and Milford gateways will provide TT&C and backup TT&C functionality during the testing and will operate at power levels consistent with regular operations. The Denver gateway will be used to transmit and receive test signals, and, consistent with industry practices and as detailed below, that gateway will temporarily need to transmit to the spacecraft at higher—than—normal power levels during certain tests. In order to allow the Denver gateway to test each beam in each direction (both uplink and downlink), the spacecraft will be oriented at various times to position a given beam over Denver for the appropriate test. In closed—loop tests, the satellite will be oriented such that both the uplink and downlink beams being tested are positioned over the Denver gateway. In open—loop uplink tests, each uplink beam will be positioned over the Denver gateway, which will result in the corresponding downlink beam illuminating a different geographic area than under regular operations (with that signal not intended to be received by any earth station). Open—loop downlink tests will be performed on a "noise loaded" basis (there will be no uplink transmission), with each downlink beam under test being positioned over the Denver gateway. Tests that involve uplink transmissions will be performed using unmodulated CW carriers transmitted from the Denver site. In certain cases, this will involve a maximum uplink power level of 85 dBW, which exceeds the level specified in the pending applications and the VIASAT—1 authorization. Operations at these higher—than—normal power levels will be short— term (F.e., typically several minutes) and limited to two specific frequencies that, consistent with Section 25.138, are being coordinated with adjacent satellites. Those frequencies currently are planned to be at 28.61 GHz and 29.75 GHz, but could be anywhere within the 28.1—29.06 GHz and 29.5—30.0 GHz ranges, depending on coordination. The corresponding downlink power level DC\1448922.1

of 73 dBW is higher than the level authorized for VIASAT—1, and the resulting pfd will be —89 dBW/m*/MHz, which exceeds the limit in Section 25.208(e). Those frequencies currently are planned to be 18.81 GHz and 19.95 GHz, but could be anywhere within the 18.81—19.26 GHz and 19.7—20.2 GHz ranges, depending on coordination of the corresponding uplink band. While ViaSat does not believe that the brief duration of the testing at these power levels will result in harmful interference to terrestrial users, it bears emphasis that all remaining terrestrial users in these frequency ranges operate on a secondary basis, and are not entitled to interference protection in any event." To the extent necessary, ViaSat seeks a waiver of Section 25.208(e) to allow the testing operations described above. The Commission has granted U.S. market access for the Isle of Man/United Kingdom—authorized VIASAT—1 satellite at 115.1° W.L., and has passed on the technical specifications of this spacecraft." While at 109.2° W.L., VIASAT—1 currently is intended to operate pursuant to a satellite authorization that Industry Canada has granted to Ciel Satellite Limited Partnership. The DISCO II presumption of "market access" applies to Canadian— licensed spacecraft, and the Commission consistently has approved the use of Canadian spacecraft to provide WTO—covered services (i.e., excluding DBS, DTH and DARS) to, from, and within the United States.* ViaSat will not use these STAs to provide DBS, DTH or DARS service over VIASAT—1. ViaSat will make available a 24/7 point of contact in the event that any issues arise in connection with the operations under the requested STAs. Personnel will be on duty at all times during the STA period and can be contacted at (720) 493—7300. The proposed operations are a critical step in ensuring that VIASAT—1 will be fully operational after its upcoming launch and upon arrival at 115.1° W.L. Furthermore, the proposed operations will allow ViaSat to gather valuable technical data that could assist in the development, coordination and/or operation of broadband satellite systems in a less—than—full— two—degree—spaced environment. Moreover, all appropriate arrangements are in place with ViaSat‘s manufacturer and launch provider to enable the launch into and testing of VIASAT—1 at 109.2° W.L. Thus, grant of the requested STAs would serve the public interest, convenience and necessity. 2 See 47 C.F.R. § 101.147(r) (stations operating in the 18.8—19.3 GHz band are no longer co—primary with Part 25 services after June 8, 2010). 3 See SAT—LOI—20080107—00006; SAT—AMD—20080623—00131; SAT—AMD—20090213— 00023 (Call Sign $2747), grant stamped Aug. 18, 2009. See e.g., Telesat Canada, Petition for Declaratory Rulingfor Inclusion ofAnik F2 on the Permitted Space Station List, Petition for Declaratory Ruling to Serve the U.S. Market Using Ka—band Capacity on Anik F2, File Nos. SAT—PDR—20010906—00082, SAT—PDR— 20020321—00027, Order, DA 02—3490 (rel. Dec. 18, 2001); see also Amendment of the Commission‘s Regulatory Policies to Allow Non—U.S. Licensed Space Stations to Provide Domestic and International Satellite Service in the United States, Report and Order, 12 FCC Red 24094, 24112, 24135 [« 39, 94 (1997). 3 DC\1448922.1


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