Attachment 20161026160853.pdf

20161026160853.pdf

DECISION submitted by FCC-IB

Grant

2016-10-26

This document pretains to SES-STA-20161019-00849 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2016101900849_1157027

                                           E120108    SES—STA—20161019—00849     182016002300
                                           AC BidCo LLC




                                                                                                                     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:
STA for AMC—21 October 2016
 1. Applicant

           Name:        AC BidCo LLC                        Phone Number:                       312—517—5566
           DBA Name:                                        Fax Number:
           Street:      111 N Canal St., Suite 1500         E—Mail:                             melias@gogoair.com


           City:        Chicago                             State:                              i1
           Country:     USA                                 Zipcode:                            60606      #
           Attention:   Marguerite Elias



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                                                                      (or   other identifior)
Applicant: AC BidCo LLC
Call Sign: E120106
File No.: SES—STA—20161019—00849
Special Temporary Authority

AC BidCo LLC ("AC BidCo") is granted special temporary authorityfor a period of 60 days to
operate up to 200 aeronauticalterminals (0.24 meter AeroSat model HR6400 and 0.74 meter
ThinKom model 2KuAantenna) to communicate with AMC—21 (Call Sign $2676) at the 125°
W.L. orbital location using the 14.0—14.5 GHz (Earth—to—space) and 11.7—12.2 GHz (space—to—
Earth) frequency bands. Operations must be in accordance with the technical specifications
contained in AC BidCo LLC‘s application and are subjectto the following conditions:

       1. Operation under this grant of special temporaryauthority must be on an unprotected
and non—harmful interference basis, /.e., while operating under this temporary authority AC
BidCo LLC must not cause harmful interference to, and must not claim protection from
interference caused to it by, any other lawfully operating radiocommunication system. AC
BidCo LLC must cease operations immediately upon notification of such interference and must
immediately inform the Commission, in writing, of such an event.
       2. Operation pursuant to this authorization must be in compliance with the terms of AC
BidCo LLC‘s coordination agreements with the National Science Foundation and the National
Acronauties and Space Administration pertaining to operation of ESAA in the Ku—Band.
       3. Operation pursuantto this authorization outside the United States in the 14.0—14.5
GHz band must be in compliance withthe provisions of Annex 1, Part C of Recommendation
ITU—R M.1643, with respectto any radio astronomy station performing observations in the
14.47—14.5 GHz band.
       4. When operating in international airspace within line—of—sight of theterritory ofa
foreign administration where Fixed Service networks have a primaryallocation in the 14.0—14.5
GHz band, an aircraft earth station must not operate in a manner that would produce predicted
ground—level powerflux density (pfd) in such territoryin excess ofthe following values unless
the foreign administration has imposed other conditions for protecting its FS stations: —132 + 0.5
x THETA dB(W/(m~2 MHz)) for THETA <= 40°; —112 dB(W/(m*2 MHz)) for 40° < THETA
<=90°. Where: THETA is the angle of arrival of the radio—frequency wave in degrees above the
horizontal, and the aforementioned limits relateto the pfd and angles of arrival that would be
obtained underfree space propagation conditions.
        5. Operation pursuant to this authorization must conform to the terms of coordination
agreements between the operator of AMC—21 and operators of other Ku—band geostationary
satellites within six angular degrees of AMC—21. In the event that another GSO Fixed—Satellite
Service (FSS) space station commences operation in the 14.0—14.5 GHz band at a location within
six degrees of any ofthese space stations, ESAA operating pursuant to this temporary authority
shall cease transmitting to that space station unless and until such operation has been coordinated
with the new spacestation‘s operator or AC BidCo LLC demonstrates that such operation will
not cause harmfulinterference to the new co—frequency space station.
        6. AC BidCo must operate in accordance with the off—axis EIRP spectral densities supplied to
SES Americom, Inc. Intelsat in obtaining the satellite operator certification for AMC—21, AC BidCo shall
automatically cease emissions within 100 milliseconds if the ESAA transmitter exceeds the off—axis EIRP


 spectral—densities supplied to the target satellite operator and transmission shall not resume until AC
 BidCo conforms to the off—axis EIRP spectral densities supplied to the target satellite operator.
        7. AC BidCo LLC must take all necessary measures to ensure that the operation
 authorized does not create potential exposure ofhumans to radiofrequency radiation in excess of — :—‘~ ~
 the FCC exposure limits defined in 47 CFR 1.1307(b) and 1.1310. 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. 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 ww.fec.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.
         8. AC BidCo LLC must maintain a U.S. point of contact available 24 hours per day,
 seven days per week, with the authority and ability to terminate operations authorized herein.
 AC BidCo LLC must submit a letter to be included in its license file with the name and
 telephone number of the point of contact prior to commencing operation.
        9. ESAA authorized herein must employ a tracking algorithm that is resistant to
 capturing and tracking adjacent satellite signals, and each station must be capable of inhibiting
 its own transmission in the event it detects unintended satellite tracking.
          10. ESAA authorized herein must be monitored and controlled by a ground—based
  network control and monitoring center. Such stations must be able to receive "enable
  transmission" and "disable transmission" commands from the network control center and must
  cease transmission immediately after receiving a "parameter change" command until receiving >
~ an "enable transmission" command from the network control center. The network control center
  must monitor operation of each aircraft earth station to determine if it is malfunctioning, and
  each aircraft earth station must self—monitor and automatically cease transmission on detecting an
  operational fault that could cause harmful interference to a fixed satellite service network.
        11. Stations authorized herein must not be used to provide air traffic control
 communications.
          12. For each ESAA transmitter AC BidCo LLC shall maintain records of the following
 data for each operating ESAA, a record of the aircraft location (i.e., latitude/longitude/altitude),
 transmit frequency, channel bandwidth and satellite used shall be time annotated and maintained
 for a period of not less than one year. Records shall be recorded at time intervals no greater than
 one (1) minute while the AES is transmitting. The ESAA operator shall make this data available,
 in the form of a comma delimited electronic spreadsheet, within 24 hours of a request from the
 Commission, NTIA, or a frequency coordinator for purposes of resolving harmful interference
 events. A description of the units (i.e., degrees, minutes, MHz . . .) in which the records values ; _
 are recorded will be supplied along with the records.
        13. Antenna elevation for all operations must be at least 5 degrees above the geographic
 horizon while the aircraft is on the ground.
         14. AC BidCo LLC shall comply with any pertinent limits established by the
 International Telecommunication Union to protect other services allocated internationally.
         15. In connection with the provision of service in any particular country, AC BidCo LLC
 is obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that — > >


country.
        16. Grant of this authorization is without prejudice to any determination that the
Commission may make regarding pending applications. £.g. IBFS File Nos. SES—MFS—
20160824—00738.
        17. Any action taken or expense incurred as a result of operations pursuant to this special
temporary authority is solely at AC BidCo LLC‘s risk.
        18. 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. Petitions for
reconsideration under Section 1.106 or applications for review under Sections 1.115 ofthe          ;
Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may befiled within thirty days of the date of the —
public notice indicating that this action was taken.

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                                                                                  AC BidCo LLC
                                                                                   Attachment A
                                                                                           Page 1

                 REQUEST FOR SPECIAL TEMPORARY AUTHORITY

        AC BidCo LLC ("AC BidCo"), which holds a license to operate an earth station aboard
aircraft ("ESAA") network,‘ hereby requests special temporary authority ("STA") for a period of
60 days commencing as soon as possible but no later than October 26, 2016, to permit up to
200 ESAA terminals to communicate in the conventional Ku—band with the Gibraltar—licensed
AMC—21 satellite located at 124.9° W.L. The Commission placed AMC—21 on the Permitted
Space Station List for operations at this location in the conventional Ku—band," and complete
technical information regarding the satellite is therefore already on file with the Commission.
Grant of the requested STA will serve the public interest by allowing AC BidCo to respond to
urgent customer demand for additional capacity on flights in U.S. airspace. AC BidCo seeks
STA pending Commission action on AC BidCo‘s application to modify its ESAA license, which
includes a request to add AMC—21 as an authorized point of communication."

       Background: AC BidCo is currently authorized to operate two types of Ku—band
terminals with specified satellites for ESAA service in U.S. airspace, foreign airspace, and the
airspace over international waters. AC BidCo‘s license was issued based on demonstration that
the proposed network would enhance competition in the provision ofin—flight broadband service
to air travelers and airline crew members and that the planned operations were fully consistent
with technical standards designed to ensure protection of other authorized communications
networks. In order to enhance and expand its ESAA operations, AC BidCo is seeking to modify
the AC BidCo ESAA License to add seven new satellites as points of communication for the AC
BidCo network and to update certain technical parameters.

       STA Request: Pending action on the AC BidCo Modification Application, AC BidCo
seeks STA to commence communications with AMC—21. The AC BidCo Modification
Application contains complete technical information regarding AC BidCo‘s proposed operations
with AMC—21, and AC BidCo incorporates that information by reference herein. As described in
the modification, AC BidCo seeks to communicate with AMC—21 in the conventional Ku—band,
with uplinks in the 14—14.5 GHz band and downlinks in the 11.7—12.2 GHz band." AC BidCo

1      See Call Sign E120106, File No. SES—MFS—20151022—00735, granted June 30, 2016 (the
"AC BidCo ESAA License"). The ESAA license was granted to Gogo LLC ("Gogo"), a
commonly—owned affiliate of AC BidCo. A proforma assignment of the ESAA license from
Gogo to AC BidCo was approved by the Commission and consummated earlier this year. See
File No. SES—ASG—20160714—00659, granted July 19, 2016.
*   See SES Satellites (Gibraltar) Limited, Call Sign $2676, File Nos. SAT—ASG—20080609—
00120 & SAT—PPL—20080929—00203, grant—stamped Aug. 6, 2008.
3      See Call Sign E120106, File No. SES—MFS—20160824—00738 (the "AC BidCo
Modification Application").
4      See AC BidCo Modification Application, Narrative at 5.


                                                                                   AC BidCo LLC
                                                                                    Attachment A
                                                                                              Page 2

proposes to use AMC—21 for service to the United States." AC BidCo requires access to this
capacity to ensure that it has sufficient bandwidth to meet near—term customer demand for in—
flight connectivity.

        AC BidCo emphasizes that the scope of this STA request is narrower than that of the
pending AC BidCo Modification Application. Here, AC BidCo is only seeking authority to add
AMC—21 as an authorized point of communication for a limited number of ESAA terminals. AC
BidCo is otherwise prepared to operate consistently with the terms and conditions set forth in the
existing AC BidCo ESAA License. In addition, AC BidCo is willing to operate pursuant to the
STA on an unprotected, non—harmful interference basis.

        Grant of the requested STA is consistent with Commission policy and will not adversely
affect other authorized operations. AC BidCo has submitted a letter confirming that its proposed
ESAA operations have been coordinated with operators of the satellites within six degrees on
either side of AMC—21.° AC BidCo‘s operations with this spacecraft will also conform to the
terms of its agreements with the National Science Foundation and the National Aeronautics and
Space Administration, as required by the AC BidCo ESAA License." In addition, AC BidCo
will comply with power flux density limits to protect terrestrial services outside the U.S.

        Grant of the proposed STA will allow AC BidCo to respond to urgent customer demand
for increased capacity on important air transport routes over the U.S., promoting competition in
the provision of aeronautical services and expanding the availability of in—flight broadband to air
travelers and crew members.

        AC BidCo understands that any Commission grant of this STA will be without prejudice
to the ultimate determination the Commission will make regarding the AC BidCo Modification
Application. In addition, AC BidCo acknowledges that any action taken pursuant to a grant of
the requested STA will be at AC BidCo‘s own risk.




$      1d.
6       AC BidCo Modification Application, Annex 3.
7       Id., Narrative at 6. See also AC BidCo ESAA License at 9, condition 90304.


2. Contact


             Name:         Karis Hastings *                    Phone Number:                        202—599—0975
             Company:      SatCom Law LLC                      Fax Number:
             Street:       1317 F Street, NW.                  E—Mail:                              karis@satcomlaw.com
                           Suite 400
             City:         Washington                          State:                                DC
             Country:      USA                                 Zipcode:                             20004       —
             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 SESMFS2016082400738 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). >
0O Governmental Entity       O Noncommercial educational licensee
( Other(please explain):

4b. Fee Classification    CGB — Mobile Satellite Earth Stations

5. Type Request

 @ Use Prior to Grant                             {4 Change Station Location                        (o] Other


6. Requested Use Prior Date
       10/26/2016
7. CityMobile                                                             8. Latitude
                                                                          (dd mm ss.s h)   0   0O   0.0


9. State                                                                   10. Longitude
                                                                           (dd mm ss.s h)    0O   0   0.0
11. Please supply any need attachments.
Attachment 1: STA Narrative                       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.)
    AC BidCo LLC (AC BidCo)               respectfully requests special temporary authority to allow up to
     200 ESAA terminals to communicate with the Gibraltar—licensed AMC—21 satellite for
     coverage of the U.S.             STA is sought pending action on AC BidCo‘s modification
     application, File No. SES—MFS—20160824—00738, which includes a request to add AMC—21 as an




13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is — ..      @ Yos          [ 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 &quot;party to the application&quot; for these purposes.


14. Name of Person Signing                                                 15. Title of Person Signing
  Marguerite Elias                                                            Exec. Vice President and General Counsel

           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).


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12. Description

AC BidCo LLC      (AC BidCo)   respectfully requests special temporary authority to allow up to 200 ESAA
terminals to communicate with the Gibraltar—licensed AMC—21 satellite for éoverage of the U.S.
STA is sought pending action on AC BidCo‘s modification application, File No. SES—MPS—20160824—
00738, which includes a request to add AMC—21 as an authorized point of communication under AC
BidCo‘s existing ESAA license, call sign E120106. See attached narrative.



Document Created: 2016-10-26 16:09:29
Document Modified: 2016-10-26 16:09:29

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