Attachment SESSTA2017122201387.

SESSTA2017122201387.

DECISION submitted by FCC

GRANT

0000-00-00

This document pretains to SES-STA-20171222-01387 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2017122201387_1327498

                                                                                   182017003537
                                           E120106    SES—STA—20171222—01387
                                           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:
AC BidCo E120106 STA Request for SES—15 Ext Ku Dec 2017
 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:                                   IL
           Country:     USA                                Zipcode:                                 60606      —
           Attention:   Marguerite Elias




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Applicant:      AC BidCo LLC                                                  Topryp Dates
                                                                                         To:
Call Sign:      E120106
                                         RANTED
File No.:       SES—STA—20171222—01}3[8ornational Bureau      Approved:
Special Temporary Authority (STA)        ‘_——


AC BidCo LLC ("AC BidCo") is granted STA for 60 days, beginning on January 12, 2018, to
operate up to 50 AeroSat model HR6400 earth stations aboard aircraft (ESAA) terminals and up
to 100 ThinKom model 2Ku Antenna ESAA terminals to communicate with the Gibraltar—
licensed SES—15 satellite (Call Sign $2951) at the 129.15° W orbital location using 14.0—14.50
GHz (Earth—to—space) frequencies and 11.7—12.2 GHz (space—to—Earth) frequencies. AC BidCo is
granted waiver of footnote NG52 to the Table of Allocations in Section 2.106 of the
Commission‘s rules, 47 C.F.R. § 2.106, to permit ESAA operations with the SES—15 satellite in
the 10.7—10.95 GHz and 11.2—11.45 GHz frequency bands (space—to—Earth) on an unprotected,
non—interference basis over North America and the Pacific Ocean, including for terminals in U.S.
airspace. Operations are subject to the following additional conditions:



1.     Operations shall not exceed the coordinated parameters. Operations are on an
unprotected and non—harmful interference basis. AC BidCo 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‘s coordination agreements with the National Science Foundation and the National
Aeronautics and Space Administration pertaining to operation of ESAAs in the Ku—Band.

3.     Operation pursuant to this authorization outside the United States in the 14.0—14.5 GHz
band must be in compliance with the provisions of Annex 1, Part C of Recommendation ITU—R
M.1643, with respect to 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 the territory of a foreign
administration where Fixed Service networks have a primary allocation in the 14.0—14.5 GHz
band, an ESAA must not operate in a manner that would produce predicted ground—level power
flux density (pfd) in such territory in excess of the following values unless the foreign
administration has imposed other conditions for protecting its FS stations: —132 + 0.5 x THETA
dB(W/(mA2 MHz)) for THETA <= 40; —112 dB(W/(mA2 MHz)) for 40 <THETA <= 90g.
Where: THETA is the angle of arrival of the radio—frequency wave indegrees above the
horizontal, and the aforementioned limits relate to the pfd and angles of arrival that would be
obtained under free space propagation conditions.

8.       Operation pursuant to this authorization must conform to the terms of coordination
agreements between the operator of SES—15 and operators of other Ku—band geostationary
satellites within six angular degrees of SES—15. 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 of these space stations, ESAAs operating pursuant to this temporary authority
shall cease transmitting unless and until such operation has been coordinated with the new space
station‘s operator or AC BidCo demonstrates that such operation will not cause harmful
interference to the new co—frequency space station.

6.      AC BidCo must operate in accordance with the off—axis EIRP spectral densities supplied
in obtaining the satellite operator certification for SES—15, attached as an exhibit to the
application. 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 must take all necessary measures to ensure that the operation authorized 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. 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 www.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. The licensee shall ensure installation of
terminals on aircraft by qualified installers who have an understanding of the antenna‘s radiation
environment and the measures best suited to maximize protection of the general public and
persons operating the aircraft and equipment. A terminal exhibiting radiation exposure levels
exceeding 1.0 mW/em2 in accessible areas, such as at the exterior surface of the radome, shall
have a label attached to the surface of the terminal warning about the radiation hazard and shall
include thereon a diagram showing the regions around the terminal where the radiation levels
could exceed 1.0 mW/cem2.

8.      AC BidCo 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
has specified the following contact information: +1 866—943—4662 and noc@AC BidCoair.com.

9.     Stations authorized herein must not be used to provide air traffic control communications.

10.     For each ESAAA transmitter AC BidCo 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 ESAA 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.


11.    Antenna elevation for all operations must be at least three degrees above the geographic
horizon while the aircraft is on the ground.

12.   AC BidCo shall comply with any pertinent limits established by the International
Telecommunication Union to protect other services allocated internationally.

13.    In connection with the provision of service in any particular country, AC BidCo is
obliged to comply with the applicable laws, regulations, rules, and licensing procedures of that
country.
14.     Grant of this authorization is without prejudice to any determination that the Commission
may make regarding AC Bidco‘s pending IBFS FCC File No. SES—MFS—20171220—01351 or
future applications.

15.    Any action taken or expense incurred as a result of operations pursuant to this special
temporary authority is solely at AC BidCo‘s risk.

16.     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 of the Commission‘s rules, 47
C.F.R. § 1.106, 1.115, may be filed within thirty days of the date of the public notice indicating
that this action was taken.


2. Contact


             Name:         Karis Hastings                      Phone Number:                         202—599—0975
             Company:      SatCom Law LLC                      Fax Number:
             Street:       1317 F Street, N.W.                 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 SESMFS2017122001351 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        £3 Noncommercial educational licensee
£3 Other(please explain):

4b. Fee Classification    CGB —. Mobile Satellite Earth Stations

5. Type Request


 @   Use Prior to Grant                           O   Change Station Location                        O     Other


6. Requested Use Prior Date
      01/12/2018
7. CityMobile                                                             8. Latitude
                                                                          (dd mm ss.s h)    0O   0   0.0


9. State                                                                   10. Longitude
                                                j                          (dd mm ss.s h)    0   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 formto view it in its entirety.)
     AC BidCo LLC respectfully requests special temporary authority for a period of 60 days
     beginning no later than January 12,                     2018 to allow ESAA terminals to communicate in the
     extended Ku—band frequencies with the SES—15                         satellite,        call     sign $2951,      at   129.15 deg.      W.
     L.    for service to North America,                 including the U.S.           See attached narrative.




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 &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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1, 1995, 44 U.S.C. SECTION 3507.


                                                                                 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 no later than January 12, 2018, to permit up to 50 AeroSat model HR6400
ESAA terminals and up to 100 ThinKom model 2Ku terminals to communicate in the 10.7—
11.7 GHz extended Ku—band frequencies with the Gibraltar—licensed SES—15 satellite at
129.15° W.L. The Commission has authorized SES—15 to serve the U.S. in both the
conventional and extended Ku—band frequencies," 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 customer demand for additional
capacity on flights over North America, including 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 SES—15 as an authorized point of communication.*

                                          Background

        AC BidCo is currently authorized to operate two types of Ku—band terminals with
specified satellites for ESAAA 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 of in—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 revise the satellites authorized 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 in the extended Ku—band with SES—15.4 The AC BidCo


\   See Call Sign E120106, File No. SES—MFS—201700725—00793, granted Oct. 4, 2017 (the
"AC BidCo ESAA License").
2   See SES Satellites (Gibraltar) Limited, Call Sign $2951, File Nos. SAT—PPL—20160126—
00007, granted July 12, 2016; SAT—MPL—20160718—00063, granted Dec. 14, 2016; & SAT—
MPL—20170914—00130, granted Nov. 22, 2017.
3    See Call Sign E120106, File No. SES—MFS—20171220—01351 (the "AC BidCo Modification
Application").
4   As discussed in the AC BidCo Modification Application, AC BidCo also plans to use
conventional Ku—band capacity on SES—15 pursuant to Section 25.118(a)(3)(ii) of the


                                                                                  AC BidCo LLC
                                                                                   Attachment A
                                                                                         Page 2

Modification Application contains complete technical information regarding AC BidCo‘s
proposed operations with SES—15, and AC BidCo incorporates that information by reference
herein. As described in the application, AC BidCo seeks to communicate with SES—15 in the
10.7—11.7 GHz extended Ku—band frequencies on an unprotected basis." AC BidCo proposes to
use SES—15 for service over North America and the Pacific Ocean, including in U.S. airspace.
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
SES—15 as an authorized point of communication in extended Ku—band frequencies 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
ESAAA operations have been coordinated with operators of the satellites within six degrees on
either side of SES—15." 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. In addition, AC BidCo will comply with power flux density limits to
protect terrestrial services outside the U.S.

       In connection with this STA request, AC BidCo requests a waiver of footnote NG52 to
the Table of Allocations in Section 2.106 of the Commission‘s rules to permit ESAA operations
with the SES—15 satellite in the 10.7—10.95 GHz and 11.2—11.45 GHz bands on an unprotected,
non—interference basis for ESAAA operations, including for terminals in U.S. airspace. As
explained in the AC BidCo Modification Application, waiver to permit U.S. domestic operations




Commission‘s rules, which allows earth station licensees to implement changes in points of
communication without prior consent of the Commission if the change results from deployment
of a replacement space station authorized to serve the United States. 47 C.F.R.
§ 25.118(a)(3)(ii). In the conventional Ku—band, SES—15 is a replacement for the AMC—1
satellite currently authorized as a point of communication in the AC BidCo ESAAA License.
*   See AC BidCo Modification Application, Narrative at 5.
6   1Id., Annex 2.
7   Id., Annex 3.


                                                                                  AC BidCo LLC
                                                                                   Attachment A
                                                                                           Page 3

in these band segments is supported by Commission precedent and will not undermine the
purpose of the international only limitation in footnote NG52.8

        Grant of the proposed STA will allow AC BidCo to respond to 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.




8   See AC BidCo Modification Application, Narrative at 7—9.



Document Created: 2018-01-18 11:41:06
Document Modified: 2018-01-18 11:41:06

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