Attachment STA Request SES-STA-20171212-01331

Attachment STA Request

This document pretains to SES-STA-20171212-01331 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2017121201331_1314074

$Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of Application of Hawaii Pacific Teleport L.P. ) Call Sign E150010 for 30-Day Special Temporary Authorization ) (“STA”) to Communicate with EUTELSAT ) File No. ___________________ 172B in the 29.1-29.15 GHz Band ) Expedited Action Requested APPLICATION FOR SPECIAL TEMPORARY AUTHORIZATION Hawaii Pacific Teleport L.P. (“HPT”) pursuant to Section 25.120 of the Commission’s rules, 47 C.F.R. § 25.120, respectfully requests 30-day special temporary authorization (“STA”) commencing December 15, 2017 to operate a 9.2m fixed gateway earth station (the “ST-9.2m gateway”) at its facility in Kapolei, Hawaii in the 29.1-29.15 GHz band (Earth-to-space) to communicate with the EUTELSAT 172B satellite at the 172° E.L. orbital location recently authorized by the Commission.1 Grant of this STA, which may be renewed for an additional 30 days, is critical to ensure that HPT can efficiently and effectively support pressing communications traffic requirements during that period on the EUTELSAT 172B transponder that includes the 29.1-29.15 GHz gateway band. Given the urgency of the matter and non-objection to the proposed interim operations by Iridium, HPT seeks expedited processing to facilitate Commission consideration and action on the STA at the earliest practicable time. 1 See ES 172 LLC, File No. SAT-RPL-20170927-00136, Call Sign S3021 (granted in part/ deferred in part Dec. 7, 2017) (authorizing operation of EUTELSAT 172B in certain C-band and Ku-band service link frequencies). {01129546-1 } 1$

I. DISCUSSION

HPT has a pending application with the Commission to modify an existing license to

operate the ST-9.2m gateway in Ka-band frequencies at 18.4-19.2 GHz (space-to-Earth) and 27.5-

29.1 GHz (Earth-to-space) to support EUTELSAT 172B service link operations.2 In addition,

HPT was granted a short-term STA to facilitate the hand-off of customer traffic to EUTELSAT

172B.3 Neither the HPT Modification Application nor existing STA include authority to operate

in the 29.1-29.15 GHz band, which precludes use of the transponder containing these frequencies

and necessitated this STA request to satisfy an immediate and pressing short-term service need.

HPT demonstrated in the HPT Modification Application that the EUTELSAT 172B

satellite and ST-9.2m gateway comply with applicable Commission requirements for operating in

Ka-band gateway frequencies or requested appropriate waivers of such requirements.4 HPT

hereby incorporates by reference the satellite and earth station operational parameters and other

relevant information set forth in the HPT Modification Application, including the Schedule B

information previously provided for the 29.1-29.15 GHz band. In this STA request, HPT seeks

authority for interim gateway uplink operations on an unprotected, non-harmful interference basis

to satisfy an urgent, short-term service requirement.

2
See Hawaii Pacific Teleport L.P., File Nos. SES-MFS-20170721-00787 and SES-AFS-
20171007-01112, Call Sign E150010 (the “HPT Modification Application”). HPT withdrew a
request to operate in the 29.1-29.15 GHz band because discussions with Iridium regarding shared
access to the band remained (and still remain) ongoing (see Section 1.65 Letter from Frank R.
Jazzo to Marlene H. Dortch dated Nov. 15, 2017).
3
See Hawaii Pacific Teleport L.P., File No. SES-STA-20171104-01234, Call Sign E150010
(expires on Jan. 17, 2018).
4
See 47 C.F.R. § 25.137(d); HPT Modification Application at Section I.D. To the extent necessary,
HPT incorporates by reference the waiver requests included in the HPT Modification Application.

{01129546-1 } 2

A. 29.1-29.15 GHz Band

The ST-9.2m gateway seeks to communicate with the EUTELSAT 172B satellite in the

29.1-29.15 GHz band, which is shared on a co-primary basis between terrestrial services and

NGSO MSS feeder links.5 GSO FSS operations in this band are not contemplated by the

Commission’s rules and therefore waiver and authorization as a non-conforming use is necessary

to enable ST-9.2m gateway uplink operations in the band.

HPT and Eutelsat continue to pursue coordination discussions with Iridium regarding

proposed access to the 29.1-29.15 GHz band. Although a final coordination has not yet been

achieved, Iridium has confirmed that it does not object to the short-term operations proposed

herein. HPT and Eutelsat expressly acknowledge that Iridium’s current non-objection should not

be construed as acceptance of longer-term gateway operations in the band or to affect in any way

Iridium’s position in, or the outcome of, ongoing coordination discussions.

Nonetheless, this STA (along with a potential 30-day renewal) will enable HPT to satisfy

an urgent short-term service requirement. HPT acknowledges and accepts that any grant of

operating authority in this band will be on a strictly unprotected, non-interference basis only as a

non-conforming use. HPT further acknowledges that grant of this authorization is without

prejudice to any determination that the Commission may make regarding any future application

for use of the 29.1-29.15 GHz band HPT’s gateway earth station license. Any action taken or

5
See United States Table of Frequency Allocations, 47 C.F.R. §2.106; In the Matter of Rulemaking
to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz
Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and
Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, 11 FCC Rcd.
19005, ¶¶ 57-58 and 78 (1996) (“Ka-band Plan R&O”). In the Matter of Redesignation of the
17.7-19.7 GHz Frequency Band, Blanket Licensing of Satellite Earth Stations in the 17.7-20.2 GHz
and 27.5-30.0 GHz Frequency Bands, and the Allocation of Additional Spectrum in the 17.3-17.8
GHz and 24.75-25.25 GHz Frequency Bands for Broadcast Satellite-Service Use, 15 FCC Rcd
13430, ¶ 28 and 34 (2000) (“Redesignation of Ka-band Plan R&O”).

{01129546-1 } 3

expense incurred for operations pursuant to the requested STA is solely at HPT’s risk. Finally,

HPT certifies that it will comply with any future coordination agreement with Iridium with respect

to access to the band.

B. Waiver Request

A waiver of the Commission’s rules is warranted when “good cause” is shown.6 In

addition, a waiver may be granted if the grant “would not undermine the policy objective of the

rule in question and would otherwise serve the public interest.”7

As discussed below, there is good cause to grant a waiver of the U.S. Table of Frequency

Allocations, 47 C.F.R. § 2.106, and the Commission’s Ka-band plan to the extent necessary to

permit HPT’s short-term, non-conforming operation in the 29.1-29.15 GHz band as a non-

conforming use on an unprotected, non-interference basis. In considering requests for non-

conforming uses, the Commission has indicated it would grant such waivers when there is little

potential for interference into any service authorized under the Table of Allocations and when the

non-conforming operator accepts any interference from authorized services.8

HPT has cleared its proposed short-term operations with Iridium. Nonetheless, in the

unlikely event that HPT gateway operations do cause harmful interference to the Iridium system,

HPT will immediately suspend operations until such interference is resolved.

6
47 C.F.R. § 1.3; see also WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969).
7
See EchoStar KuX Corp. Application for Authority to Construct, Launch and Operate a
Geostationary Satellite Using the Extended Ku-band Frequencies in the Fixed-Satellite Service at
the 83° W.L. Orbital Location, Order and Authorization, 20 FCC Rcd 919, ¶ 12 (2004)
(Commission waiver for “good cause shown”).
8
See Letter from Jose Albuquerque, Chief, Satellite Division and Mark Settle, Chief, Policy and
Rules Division, to Suzanne Malloy, O3b Limited, DA 14-1369 (rel. September 22, 2014);
Contactmeo Communications, LLC, Order and Authorization, 21 FCC Rcd 4035, 4044 (IB 2006);
ViaSat AMSS Order, File No. SES-MFS-20090624-00789; see also 47 C.F.R. § 1.3.

{01129546-1 } 4

C. Expedited Processing

HPT respectfully requests this 30-day STA pursuant to Section 25.120 of the

Commission’s rules, 47 C.F.R. § 25.120. Section 25.120(a) provides that STA requests should be

filed at least three working days prior to the date of commencement of the proposed operations,

and Section 25.120(b) provides that the Commission may grant a 30-day STA without placing it

on public notice. Because HPT has confirmed that Iridium does not object to temporary operation

of the ST-9.2m gateway in the 29.1-29.15 GHz band with the EUTELSAT 172B satellite,

expedited processing of this request is appropriate.

D. Other Public Interest Considerations

Grant of this STA request is in the public interest because it will directly facilitate the

ability of HPT to satisfy an urgent, short-term requirement for customer traffic on the EUTELSAT

172B transponder linked to the 29.1-29.15 GHz band.

II. CONCLUSION

In view of the foregoing, the public interest would be served by a grant of a 30-day STA

commencing on December 15, 2017 to permit HPT to operate the ST-9.2m gateway in the 29.1-

29.15 GHz band on a non-harmful interference basis to support an urgent, short-term requirement

for EUTELSAT 172B service.

{01129546-1 } 5

Document Created: 2017-12-12 16:28:08
Document Modified: 2017-12-12 16:28:08