Attachment 20130612113556.pdf

20130612113556.pdf

DECISION submitted by IB/FCC

GRANT

2013-06-03

This document pretains to SES-STA-20130522-00441 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2013052200441_1000009

E100088 SES—STA—20130522—00441 182013001106 O3b Limited 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: O3b STA to operate Vernon prior to launch (May 2013) /00# 1. Applicant Name: O3b Limited Phone Number: 202 478 7183 DBA Name: Fax Number: Street: 1129 20th St., NW, Suite 1000 E—Mail: joslyn.read@o03bnetworks.com City: Washington State: Country: USA Zipcode: =— Attention: Ms Joslyn Read _ .m ¥4 p ++ «sdimc4s )17 1G, Conds C695 ses STh—2n,3055A—00¥1 E/o

O3b Limited E100088 SES—STA—20130522—00441 Special Temporary Authority O3b limited (O3b) is granted, under the following conditions, Special Temporary Authority for 45 days, from June 4, 2012 to July 18, 2012 to test its Vernon, Texas earth station as described in its application. 1) E100088, shall not cause harmful interference to, and shall not claim protection from, interference caused to it by any other lawfully operating station and it shall cease transmission(s) immediately upon notice of such interference. 2) Grant of this authorization is without prejudice to any determination that the Commission may make regarding pending O3b application, IBFS File Nos. SES—LIC—201301 24— 00089. 3) Any action taken or expense incurred as a result of operations pursuant to this special temporary authority is solely at O3b‘s risk. 4) This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. 4/5/04)%5 ;lefl Couhd)froms — Ses—57f22(30522—004L4( imE/LDOSS Cren oc/ox/;wg

2. Contact Name: Joseph A. Godles Phone Number: 202—429—4900 Company: Goldberg Godles Wiener & Wright Fax Number: 202—429—4912 LLP Street: 1229 19th St., NW E—Mail: jgodles@g2w2.com City: Washington State: DC Country: USA Zipcode: 20036 —2413 Attention: 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 SESLIC2013012400089 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). C Governmental Entity C Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request «y Use Prior to Grant J Change Station Location J Other 6. Requested Use Prior Date 06/04/2013

7. CityVernon 8. Latitude (dd mm ss.s h) 34 13 4.73 N 9. State TX 10. Longitude (dd mm ss.s h) 99 23 46.53 W 11. Please supply any need attachments. Attachment 1: STA 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.) Applicant herein seeks Special Temporary Authority to permit it to conduct on—site testing and integration of the earth station in Vernon, Texas for which it has sought a Commission license. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes £34 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 Joslyn Read Vice—President, Regulatory Affairs WILLEFUL 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 number or 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.

Request for Special Temporary Authority O3b Limited ("O3b") hereby requests Special Temporary Authority ("STA") for 45 days, beginning on June 4, 2013, to conduct on—site testing and integration of the gateway earth station in Vernon, Texas (the "Vernon Earth Station"), for which it has filed an application for a Commission license (the "Vernon Application").1. The Commission may grant an STA for up to 60 days without placing the request on public notice as long as the applicant "plans to file a request for regular authority for the service." See 47 C.F.R. § 25.120(b)(3). O3b filed the Vernon Application on January 24, 2013, and that application remains pending at the Commission. Public Interest Statement. This STA request is similar to STA requests that O3b filed and the Commission granted for testing and integration of O3b‘s gateway earth station in Hawaii.2 The requested STA will serve the public interest by permitting O3b to conduct antenna pattern verification, RF chain performance verification, as well as other tests of the Vernon Earth Station to establish performance standards and to resolve any issues in preparation for the launch of its NGSO Ka—band service.3 O3b hereby confirms that it will operate the Vernon Earth Station under its requested STA on a non—interference basis only and will cease operations immediately if alerted to any interference events. Therefore, O3b respectfully requests that the Commission grant this STA request as expeditiously as possible, but in any event on or before June 4, 2013. 1 See ECC File No. SES—LIC—20130124—00089. 2 See FCC File Nos. SES—STA—20120529—00490, SES—STA—20120529—00491. 3 03b recently provided notification that it has received launch and space operations authority from the administration of the United Kingdom. See Letter from Joseph A. Godles, Counsel to O3b Limited, to Marlene H. Dortch, Secretary, Federal Communications Commission (dated May 7, 2013), in File No. SES— LIC—20100723—00952.

Technical Parameters of Proposed Testing. O3b proposes to test its gateway antennas using the following range of transmit and receive frequencies: ~ Downlink Frequency __|_____ Ka—Band Plan _ 17.8—18.3 GHz FS 18.3—18.6 GHz GSO FSS down 18.8—19.3 GHz NGSO FSS down ___ Uplink Frequency_ _____Ka—Band Plan _ 27.6—28.35 GHz LMDS fss (secondary) 28.35—28.4 GHz GSO FSS up ngsofss up (secondary) 28.6—29.1 GHz NGSO FSS up gso fss up (secondary) 03b offers the following technical information concerning its proposed operations during the STA period (which is consistent with the information set forth in the Vernon Application where applicable): 1. Maximum Transmit EIRP: 92.17 dBW for all carriers, each antenna. 87.29 dBW for a single carrier. 2. Maximum Transmit EJIRP Density: 72.13 dBW/4 kHz. 3. Avoidance of Harmful Interference into O3b‘s test procedures specify pointing the the Geostationary Arc during Transmission earth station to 90 degrees elevation, Tests: which provides 39.75 degrees of separation from the GSO arc, thereby protecting geostationary satellites.

4. Avoidance of Harmful Interference into During testing, 03b will not transmit less Terrestrial Stations During Transmission than 5.1 degrees above the horizon, which Tests: in a worst case scenario would yield a maximum EIRP density towards the horizon of only 27.81 dBW/4kHz.4 Moreover, a Comsearch frequency coordination report filed with the Vernon Application demonstrates that O3b can transmit in the 28.35—28.4 GHz band without causing harmful interference to LMDS licensees.5 Accordingly, operation of the Vernon Earth Station in accordance with the requested STA will not pose a risk of interference to terrestrial stations. 5. Target Satellite for Receive Tests: Receive testing of the O3b gateways will involve pointing the O3b gateway at the geostationary arc. Viasat—1 will be the primary target for testing the gateway receivers (but other satellites may be used as needed). Viasat also happens to be the vendor of the O3b gateway antennas. O3b claims no protection from interference during receive testing. To be clear, O3b gateways will not be transmitting when pointed at the geostationary are during receive tests. 6. Protection of Other NGSO Ka—Band 03b is not aware of any other NGSO Satellite Networks. satellites capable of receiving on O3b‘s transmit frequencies. O3b will operate on a non—interference basis during testing, and will therefore shut down transmissions in the event of any interference. 4 See Vernon Application, Form 312, items E59—60. 5 See Vernon Application, Legal Narrative, pp. 4—5.

7. 03b Contacts in the Event of Primary: Gary Mattie Interference: (720) 480—9371 Secondary: Brian Mathews (303) 591—3247 Tertiary: Matt Lucero (571) 239—3812 Waivers Requested. O3b respectfully requests all necessary waivers of the FCC‘s Ka—Band Plan, the U.S. Table of Allocations, and the Commission‘s rules for it to conduct transmission and receive tests of its Vernon Earth Station antennas. Waivers are warranted in the circumstances because they will enable O3b to verify the operation of its Vernon Earth Station antennas and will not cause harmful interference to any other lawfully authorized user of the spectrum.© To summarize, all testing will be conducted on a non—conforming, non—protected, and non—harmful interference basis. Because the 03b NGSO system is not yet launched or operational, transmission tests will not be to any particular satellite. O3b‘s transmit tests will involve pointing the antennas at a 90 degree elevation, which provides more than 39 degrees of separation from the geostationary arc, thereby protecting any geostationary satellites. O3b is also not aware of any Ka—band NGSO satellites that could be affected during transmit testing, but will shut down in the event of any interference. O3b‘s receive testing will involve pointing its gateway antennas at a geostationary satellite (primarily ViaSat—1). O3b will claim no protection from interference during receive testing, and no transmissions will take place while O3b is pointed at the geostationary arc. 6 The Commission may waive a rule for good cause shown. 47 C.F.R. § 1.3. See also WAIT Radio v. FCC, 418 E.2d 1153 (D.C. Cir. 1969); Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). A waiver is appropriate if special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than would strict adherence to the rule. See Northeast Cellular, 897 F.2d at 1166. Generally, the Commission may grant a waiver of a rule if the relief requested would not undermine the policy objective of the rule and would otherwise serve the public interest. See WAIT Radio, 418 F.2d at 1157. 4


Document Created: 2019-04-28 07:16:04
Document Modified: 2019-04-28 07:16:04
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