Attachment SES-STA-20190410-005

SES-STA-20190410-005

DECISION submitted by FCC

Grant

0000-00-00

This document pretains to SES-STA-20190410-00516 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2019041000516_1681912

                                     E190163     SES-STA-20190410-00516       1B2019001012
                                     SpaceX Services, Inc.




                                                                                                                                Approved by 0MB
                                                                                                                                       3060—067$

                            APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY



APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
Brewster WA TT&C STA Request
 1. Applicant

           Name:        SpaceX Services, Inc.                Phone Number:                         202—649—2700
           DBA Name:                                         Fax Number:
           Street:      1155 F Street, N.W.                  f—Mail:                               patricia.cooper@spacex.com


           City:        Washington                           State:                                 DC
           Country:     USA                                  Zipcode:                              20004           —




           Attention:   Ms Patricia Cooper




                                                                                                 File


                                                                                                 Call Sign   / O/3 Grant
                                                                                                 (or other identifier
                                                                                                                        Term Dates

                                                                            GRANTED
                                                                          International Bureau

                                                                                                        0;


    2. Contact

                 Name:         William M. Wiltshire                   Phone Number:                        202—730—1350
                 Company:      Harris, Wiltshire & Grannis LLP        Fax Number:                          202—730—1301
                 Street:        1919 M Street, NW                     E—Mail:                              wwiltshire@hwglaw.com
                               Suite 800
                 City:         Washington                             State:                               DC
                                                                                                                       —
                 Country:      USA                                    Zipcode:                             20036
                 Attention:                                           Relationship:                        Legal Counsel


    (If your application is related to an application filed with the Commission, enter either the file number or the TB Submission ID of the related
    application. Please enter only one.)
     3. Reference File Number SESLICINTR2O 1900966 or Submission ID
        4a. Is a fee submitted with this application?
         If Yes, complete and attach FCC Form 159.        If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
    •
         Governmental Entity            Noncommercial educational licensee
    fj Other(please explain):

    4b. Fee Classification    CGX   —   fixed Satellite Transmit/Receive Earth Station
    5. Type Request


         Use Prior to Grant                                  Change Station Location                         Other
    •


    6. Requested Use Prior Date
          05/0 1/20 19

    7. CityBrewster                                                              8. Latitude
                                                                                 (dd mm ss.s h)   48   8   55.0    N



2


    9. State   WA                                                              10. Longitude
                                                                               (dd mm ss.s h)     119   42    4.1   W
    1 1. Please supply any need attachments.
    Attachment 1: TT&C STA Request                    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.)
         SpaceX Services seeks special temporary authority for communications between its TT&C
         earth station and the first tranche of SpaceX NGSO satellites for 60 days after orbital
         injection.




    13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is               Yes            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
      Patricia Cooper                                                              Vice President, Satellite Government 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).




3


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4


                                                             L                    Call Sign
                                                             (
                                                            \         \.“         (or other Identifier)
                                                                      z/
                                                                                                          Tri Dates
Applicant: SpaceX Services, Inc.                                                  -_                          -
IBFS File Number: SES-STA-20190410-00516                    GRANTID
                                                                                  1 !(‘!i                         To: 5/   zj
Cal] Sign(s): E190163                                     Internalinnal l3nreau   Apcc3

Pursuant to the attached Basis of Grant, SpaceX Services, Inc. (SpaceX) is granted special temporary
authority for 60 days from the date of satellite launch to operate one CGC, Model Type 4, 5 meter fixed
antenna earth station in Brewster, WA with the SpaceX S29$3 NGSO satellites operating in the 550x
550 km NGSO orbit, inclined to 97.59°, to provide telemetry, tracking and control (TT&C) services to
up to 75 satellites on center frequencies 12.221 GHz (space-to-Earth) and 13.925 GHz (Earth-to-space)
frequency bands under the following conditions.

1.Operations are limited to:
         Frequency                                            . Maximum
                                                                  .          Maximum ERIP
Antenna               T/R            .   .          Emission
       I   Bands             Polarization(H,V,L,R)      .        EIRP per       Density per
  lu
                            ,




                    ivioue                         iiesrnnator
           (MHz)                                               Carrier(dBW) Carrier(dBW/4kHz)

TT&CR                           Right Hand Circular     36M0F8W 00                          0             —




Modulation and Services TT&C

TT&C                   T        Right Hand Circular     2M70D7W 709           -




Modulation and Services BPSK up to 64QAM; Digital Data

2.   All operations under this grant of special temporary authority must be on an unprotected and non-
     harmful interference basis, i.e., SpaceX must not cause harmful interference to, and must not claim
     protection from interference caused to it by, any other lawfully operating station.
3.   In the event of any harmful interference under this grant of special temporary authority, SpaceX must
     cease operations immediately upon notification of such interference and must inform the
     Commission, in writing, immediately of such an event.
4.   Operations authorized here must comport with the conditions imposed in DA l9342.
5.   The term of this authorization commences on the date of launch of the up to 75 satellites covered by
     this grant. SpaceX must notify the Chief of the Satellite Division, in writing, of the date of Launch
     and the commencement of this grant of special temporary authority.
6.   Grant of this authorization is without prejudice to any determination that the Commission may make
     regarding pending or future SpaceX applications.

7.   Any action taken or expense incurred as a result of operations pursuant to this STA is solely at
     SpaceX’s risk.

This action is issued pursuant to Section 0.261 of the Commission’s rules on delegated authority, 47 CER
§ 0.261, and is effective immediately.



‘Space Exploration Holdings, LLc, Order and Authorication, DA 19-342 (lB rel. Apr. 26. 2019) (SpaceX
Modification Order).




                                             /


                                                  Basis for Grant
         On April 18, 2019, WoridVu Satellites Limited (OneWeb) submitted a lettet opposing SpaceX’s
requests for special temporary authority (STA).2 On April 23, 2019, SpaceX responded to OneWeb’s
letter.3 On April 25, 2019, EchoStar SatelLite Operating Corporation and Hughes Network Systems, LLC
(together with their affiliates, “EchoStar”), and Intelsat License LLC (Intelsat) submitted a written ex
pane presentation in response to developments in the above-referenced proceedings concerning, inter
atia, the SpaceX modification application and the gateway earth station and space station STA requests.4
          OneWeb raises concerns that SpaceX fails to present “extraordinary circumstances” requiring
temporary operations, as required by Section 309(1) of the Communications Act and Section 25.120(b) of
the Commission’s rules.5 In this instance, SpaceX seeks authority to operate its gateway earth stations for
special operations (launch and early operations and testing) of a temporary nature (for brief period of time
prior to commencement of commercial operations). Such operations have been granted throtigh STAs
routinely in the past for similar in-orbit testing (lOT) operations for geostationary satellites prior to
commencing operations,6 and for LEOP operations for NGSO satellites.7 The ability to operate gateway
earth stations to communicate with satellites during the orbit-raising phases, as requested in this
application, is important to ensure proper functioning and to identify and correct any issues before
satellites reach operational orbit. Accordingly, grant of the requested STAs for SpaceX’s gateway earth
stations to communicate with its authorized space stations serves the public interest.
         OneWeb also argues that SpaceX is attempting to shortcut the Commission’s review of SpaceX’s
modification application that was pending before the Commission at the time SpaceX filed its requests for
earth station and space station special temporary authority.8 OneWeb further asserts that the requests for
STA were incomplete as filed.9 As an initial matter, SpaceX’s modification application was granted on




2
 Letter from Brian D. Weimer, Counsel to OneWeb, to Marlene H. Dortch, Secretary, FCC, dated April 18, 2019
(OneWeb Opposition).
 See Letter from William M. Wiltshire, Counsel to SpaceX, to Marlene H. Dortch, Secretary, FCC, dated April 23,
2019.
 See Letter from Jennifer A. Manner, Senior Vice President, Regulatory Affairs, EchoStar Satellite Operating
Company and Hughes Network Systems, LLC; and Susan H. Crandall, Associate General Counsel, and Cynthia J.
Grady, Senior Counsel, Intelsat US LLC, to Marlene H. Dortch, Secretary, FCC, dated April 23, 2019.
    OneWeb Opposition at 1-2 (citing 47 U.S.C. § 309(f) and 47 CFR § 25.120(b)).
6See, e.g., IBFS File Nos. SAT-STA-20170302-00032, SAT-STA-20170314-00050, SAT-STA-20170526-00080,
SAT—STA—20 170718—00105, SAT-STA-20 170921-00135, SAT-STA-20 180118-00007, SAT-STA-20 171218-
00173, SAT-STA-20 180214-00016, & SAT-STA-20 180905-00066. Certain temporary operations (except in-orbit
testing) are already permitted by rule, without the need to seek further Commission authorization, for satellites
authorized to operate in the geostationary orbit. 47 CFR § 25.282 (“A space station authorized to operate in the
geostationary satellite orbit under the part is also authorized in connection with short-term, transitory maneuvers
directly related to post-launch, orbit-raising maneuvers, provided [certain conditions are met].”) There is no similar
rule automatically authorizing the temporary operations of satellites authorized to operate in non-geostationary
orbits.
 The Satellite Division has previously granted special temporary authority for launch and early operation phase
(LEOP) for NGSO space stations. See, e.g., IBFS File No. SAT-STA-20l70726-00l09 & SAT-STA-20180724-
00055 (granting 180-day STAs to Terra Bella for hOPs).
8
    OneWeb Opposition at 3-4.
91d. at5.


April 26, 2019,10 and thus the argument regarding shortcutting the review of then-pending modification
application is moot. In addition, we find that SpaceX’s requests for STA provide, as required by our rule
governing STA requests, “the full particulars of the proposed operation including all facts sufficient to
justify the temporary authority sought and the public interest therein.” The information provided in the
STA requests, in conjunction with the information in its modification application that was incorporated by
reference, is fully consistent with the information provided in other requests for STA in connection with
LEOP and in-orbit testing operations.
         Finally, EchoStar and Intelsat argue in their exparte filing that the STA request made an
insufficient showing to grant a waiver of a condition on SpaceX’s previous license grant that required,
prior to the launch of SpaceX’s system, the International Telecommunication Union to issue a “favorable”
or “qualified favorable” finding that SpaceX’s proposed operations will meet equivalent isotropically
radiated power (EIRP) limits. This issue was addressed by the International Bureau in the grant of
SpaceX’s modification application and is not a basis for denial of grant of SpaceX’s requests for STA.’2




‘o Space Exploration Holdings, LLC, Order and Authorization, DA 19-342 (lB rel. Apr. 26, 2019) (SpaceX
Modification Order).
“47 CFR § 25.120(a).
12
   SpaceX Modification Order at para.28.


                         REQUEST FOR SPECIAL TEMPORARY AUTHORITY

        SpaceX Services, Inc. (‘SpaceX Services”), pursuant to Section 25.120 of the
Commission’s rules, hereby requests Special Temporary Authority (“STA”) to operate a telemetry,
tracking, and control (“TT&C”) earth station for up to 60 days to communicate with the first
tranche of non-geostationary orbit (“NGSO”) satellites to be launched by its sister company, Space
Exploration Holdings, LLC (‘SpaceX”). SpaceX Services currently has an application pending
for a TT&C earth station located in Brewster, WA.1 It would operate the earth station under the
requested STA with the technical characteristics set forth in that pending application, with
transmissions occurring in the following frequencies: 12.221 GHz (downlink) and 13.925 GHz
(uplink).

         The Commission has good cause to approve this request to enhance the safety of space.
Specifically, the requested STA would cover TT&C functions from the moment the SpaceX
satellites are inserted into orbit and as they are raised to their authorized operational altitude. These
functions are essential to commanding the spacecraft and ensuring continuing monitoring of and
control over SpaceXs nascent constellation. Accordingly, the STA will serve the public interest
by enhancing space safety and promoting the health of SpaceX’s NGSO constellation.
         SpaceX Services will operate on a non-interference basis. As set forth in the underlying
earth station applications, these gateways will protect terrestrial and space systems in shared
spectrum bands. Specifically, they will observe the applicable equivalent power flux-density
(“EPFD”) limits set forth in Article 22 and Resolution 76 of the ITU Radio Regulations and the
applicable power flux-density (“PfD”) limits set forth in the Commission’s rules and Article 21
of the ITU Radio Regulations, which the Commission has found sufficient to protect GSO systems
and terrestrial systems, respectively, against harmful interference. In addition, SpaceX Services
has completed frequency coordination for its proposed earth station site and demonstrated that its
operations will not affect U.S. Navy or NASA systems in the band, providing additional assurance
that it can operate on a non-interference basis. In the extremely unlikely event that harmful
interference should occur due to transmissions to or from its earth station, SpaceX Services will
take all reasonable steps to eliminate the interference. Should an issue arise, SpaceX Services can
be reached at satellite-operators-pager@spacex.com, which links to the pagers of appropriate
technical personnel 24/7.
        The first tranche of SpaceX satellites is scheduled to be launched in early May 2019.
Accordingly, SpaceX Services requests that the Commission issue an STA structured to begin on
the launch date and remain in force for up to 60 days.




   See IBFS file No. SES-LIC-[NTR2OI9-00966. That application contains all relevant operational characteristics
   and is hereby incorporated herein to the extent necessary.



Document Created: 2019-05-18 22:17:42
Document Modified: 2019-05-18 22:17:42

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