Attachment SES-STA-20190410-005

SES-STA-20190410-005

DECISION submitted by FCC

Grant

0000-00-00

This document pretains to SES-STA-20190410-00517 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2019041000517_1681915

                                              E190162     SES-STA-20190410.o0517       1B2019001017
                                              SpaceX Services, Inc.



                                                                                                                                 Approved by 0MB
                                                                                                                                        3060—0678

                            APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY



APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu:
North Bend WA Gateway STA Request
 1. Applicant

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


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




           Attention:   Ms Patricia Cooper




                                                                                                 File #                  2O/’ L7V/     L2
                                                                                                 Call Sign ti%&.Z Grant Date
                                                                                                 (or other identifier)
                                                                                                                          Term Dates
                                                                                                                                To:
                                                                            GRANTED
                                                                          Internatinnal Bureau

                                                                                                      %        6?         4*q
                                                                                                                                       ra


    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 1900877 or Submission ID
        4a. Is a fee submitted with this application?
         IfYes, complete and attach FCC FonTi 159.        If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
    •
         Governmental Entity            Noncommercial educational licensee
    0
    o Other(please explain):
    4b. Fee Classification    CGX   —   Fixed Satellite Transmit/Receive Earth Station
    5. Type Request

         Use Prior to Grant                                  Change Station Location                          Other
    •                                                    0

    6. Requested Use Prior Date
          05/0 1/20 19
    7. CityNorth Bend                                                            8. Latitude
                                                                                 (dd mm ss.s h)   47   28    56.8   N


2


    9. State   WA                                                               10. Longitude
                                                                                (dd mm ss.s Ii)   121   45    40.7   W
    1 1. Please supply any need attachments.
    Attachment 1: Gateway 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 Ku-band
         gateway 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 stibstance.
    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 3 I2(a)(I)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




3


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4


                                                                                      Fih.

                                                                                      Call Sign F/,5/ Grant
                                                                                      (or other identifier)
Applicant: SpaceX Services, Inc.                                                                            Ierni Dates
IBFS File Number: SES-STA-20190410-00517                                              From
                                                                   GRANTED
Call Sign(s): E190162
                                                               International Bureau   Approved;
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 four Cobham, Model MK3 series, 1
meter fixed antenna earth station in North Bend, WA with the SpaceX 52983 NGSO satellites
operating in the 550x 550 km NGSO orbit, inclined to 97.59°, to test the communications payload on
each of the up to 75 satellites in the 10.7-12.7 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space)
frequency bands under the following conditions.

1.   Operations are limited to:
             Frequency                  .       .          .   .      Maximum EIRP              Maximum ERW
 Antenna                  T/R Polarization          Emission
               Bands                                   .                   per                     Den sity per
   Id                     Mode (H,V,L,R)            Designator
               (MHz)                                                   Caer(dBW)               Carrier(dBW/4kHz)
                                  Right Hand
HA-i                      R                         :240MD7W 0.0                             0.0
                                  Circular
Modulation and Services BPSK up to 64QAM; Digital Data
            14000                 Right Hand
HA-i-i                    T                         240MD7W           50 43                  -33.37
            14500                 Circular
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 19-342.’
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 Commissions rules on delegated authority, 47 CFR
§ 0.261, and is effective immediately.




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




                                            /


                                                  Basis for Grant
         On April 18, 2019, WorldVu Satellites Limited (OneWeb) submitted a letter 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
parte presentation in response to developments in the above-referenced proceedings concerning, inter
alia, the SpaceX modification application and the gateway earth station and space station STA requests.4
          OneWeb raises concems that SpaceX fails to present “extraordinary circumstances” requiring
temporary operations, as required by Section 309(f) 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 through STAs
routinely in the past for similar in-orbit testing (JOT) 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)).
6
  See, e.g., IBFS File Nos. SAT-STA-20l70302-00032, SAT-STA-20170314-00050, SAT-STA-20170526-00080,
SAT—STA—20 170718—00105, SAT-STA-201 70921-00135, SAT-STA-201 80118-00007, SAT-STA-201 71218-
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-20170726-00109 & SAT-STA-20180724-
00055 (granting 180-day STAs to Terra Bella for LEOPs).
8
    OneWeb Opposition at 3-4.
    Id. at 5.


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.”1’ 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 ex parte 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




10
 Space Exploration Holdings, LLC, Order and Authorization, DA 19-342 (lB rel. Apr. 26, 2019) (SpaceX
Modtflcation Order).
     47 CFR § 25.120(a).
12
     SpaceX Mothjication Order at para.28.


•   I




                                 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 its gateway
        earth stations 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 applications pending for six Ku-band gateway earth
        stations, located inNorth Bend, WA; Conrad,MT; Merrillan, WI; Greenville, PA; Redmond, WA;
        and Hawthorne, CA.’ It would operate each earth station under the requested STA with the
        technical characteristics set forth in the associated pending application.
                The Commission has good cause to approve this request to enhance the safety of space.
        Specifically, the requested STA would permit SpaceX Services to communicate with the SpaceX
        NGSO satellites and conduct in-orbit testing during the orbit-raising phase. The requested STA
        would allow SpaceX to confirm the operational status of its satellites immediately upon insertion,
        rather than wait weeks while the satellites are obit raising to ensure proper functioning. This
        testing would yield a number of public interest benefits. for instance, SpaceX could act quickly
        in the unlikely event of a performance issue with one of its spacecraft to identify and correct the
        problem even before the satellites reach operational orbit. Accordingly, the STA will serve the
        public interest by enhancing space safety and promoting the health and safety 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 each of its proposed earth station sites, providing
        additional assurance that they 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.




           The IBFS file numbers for these earth station applications are SES-LIC-INTR2OI9-00877 through -00882,
           respectively. Those applications contain all relevant operational characteristics and are hereby incorporated
           herein to the extent necessary.



Document Created: 2019-05-18 22:15:55
Document Modified: 2019-05-18 22:15:55

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