# Before the

# Federal Communications Commission

# Washington, D.C. 20554

In the Matter of )

)

**The Boeing Company** )

)

Application for Blanket Authority to Operate ) File No.
SES-LIC-20001204-02300

Up to Eight Hundred Technically Identical ) Call Sign: E000723

Transmit and Receive Mobile Earth Stations )

Aboard Aircraft in the 14.0-14.5 GHz and )

11.7-12.2 GHz Frequency Bands )

# ORDER AND AUTHORIZATION

**Adopted: December 21, 2001 Released: December 21, 2001**

By the Chief, International Bureau, and the Acting Chief, Office of
Engineering and Technology:

# I. INTRODUCTION

1.  By this *Order*, we grant The Boeing Company ("Boeing") authority to
    operate up to eight hundred technically identical transmit and
    receive mobile Earth stations aboard aircraft in the 14.0‑14.5 GHz
    ("14 GHz") uplink band and the 11.7‑12.2 GHz ("12 GHz") downlink
    band ("Ku-band"),[^1] subject to the conditions set forth below. In
    doing so, we waive Section 2.106 of our Rules,[^2] premised on
    Boeing providing this service without causing harmful interference
    to other allocated services in these frequency bands. This
    authorization will permit Boeing to expand its recently authorized
    one-way Ku-band aeronautical communication service by making
    available two-way broadband connectivity to passengers and crew
    aboard aircraft.[^3]

# II. BACKGROUND

2.  In April 2001, we authorized Boeing to operate up to eight hundred
    technically identical receive-only mobile Earth stations in the 12
    GHz band aboard aircraft in the United States.[^4] Specifically, we
    authorized Boeing to operate these receive-only stations in the
    Aeronautical Mobile-Satellite Service ("AMSS") using leased
    transponder capacity on Loral Skynet's Telstar 6 satellite at 93°
    W.L.[^5] The U.S. Table of Frequency Allocations does not include an
    allocation for AMSS in the 12 GHz band.[^6] Accordingly, we granted
    a waiver of Section 2.106 of the Commission's rules to allow
    Boeing's proposed "non-conforming" use of the 12 GHz band.[^7] As
    part of its receive-only authorization, Boeing is required to accept
    interference from all authorized users of the 12 GHz band and may
    not cause harmful interference into services authorized to use the
    band.[^8]

3.  In the instant application, Boeing requests authority to operate up
    to eight hundred technically identical transmit and receive mobile
    Earth stations to provide two-way AMSS communications aboard
    aircraft in the United States, using the 12 GHz band for
    space-to-Earth transmissions and the 14 GHz band for Earth-to-space
    transmissions.[^9] Boeing states it will provide its service using
    leased transponder capacity on the Telstar 6 satellite at 93
    W.L.[^10] Boeing's request involves only the forward and return
    links between the satellite and the mobile Earth stations aboard
    aircraft. Transmissions between the satellite and the ground would
    be carried out using one or more fixed Earth stations licensed
    separately by the Commission to operate in the Ku-band.[^11]

4.  The U.S. Table of Frequency Allocations includes a primary
    allocation for the Fixed Satellite Service ("FSS") in the 12 GHz
    (space-to-Earth) and 14 GHz (Earth-to-space) frequency bands.[^12]
    The major use of the Ku-band FSS allocation is for very small
    aperture terminal ("VSAT") operations. These operations are widely
    deployed across the United States. The U.S. Table also includes a
    primary allocation to the radionavigation service in the 14.0-14.2
    GHz band,[^13] and provides for protection of radio astronomy
    operations in the 14.47-14.5 GHz band.[^14] In addition, the U.S.
    Table includes allocations to secondary services in both the 12 GHz
    and 14 GHz bands, including mobile (except aeronautical mobile),
    space research, government-only terrestrial fixed and mobile, and
    the Land Mobile-Satellite Service ("LMSS"). As discussed above, the
    U.S. Table does not include an allocation for AMSS downlinks in the
    12 GHz band. Similarly, the U.S. Table does not include an
    allocation for AMSS uplinks in the 14 GHz band. Accordingly, a
    waiver of Section 2.106 of the Commission's rules is necessary for
    Boeing's proposed two-way service. In requesting a waiver, Boeing
    indicates that it will operate its proposed service without causing
    harmful interference to authorized users of the Ku-band and will
    accept interference from authorized users.[^15]

5.  Boeing indicates in its application that it will protect
    geostationary satellite orbit ("GSO") FSS satellite networks in the
    14 GHz band from harmful interference from AMSS transmissions by
    controlling the aggregate equivalent isotropically radiated power
    ("e.i.r.p.") spectral density along the GSO arc to the level
    required for routinely processed VSAT applications pursuant to
    Sections 25.134 and 25.209 of the Commission's rules.[^16] Boeing
    further indicates that it will protect GSO FSS satellite networks
    operating in the 12 GHz band by using space-to-Earth e.i.r.p.
    spectral density levels that are equal to, or less than, those
    previously coordinated for the Telstar 6 satellite with adjacent
    satellite operators.[^17] Boeing also states that the cumulative
    interference from its AMSS service should not cause harmful
    interference into non-geostationary satellite orbit ("NGSO") FSS
    networks.[^18]

6.  Boeing indicates in its application that it will protect radio
    astronomy (at 14.47-14.5 GHz) and space research systems (at
    14.0-14.05 GHz) from harmful interference from its airborne
    terminals by means of hardware implementation, frequency avoidance,
    and control of network operations.[^19] The National Science
    Foundation ("NSF") and Boeing have entered into a Technical
    Operational Coordination Agreement intended to facilitate Boeing's
    proposed operations in the 14.0-14.5 GHz band without causing
    interference to radio astronomy stations.[^20] The National
    Aeronautics and Space Administration ("NASA") has sent a letter to
    Boeing providing guidance indicating the protection levels necessary
    to protect the NASA Tracking and Data Relay Satellite System
    ("TDRSS") operations.[^21] Boeing also indicates that, before
    initiating operations, it will coordinate its non-conforming use of
    the spectrum with Federal Government users of the band through the
    auspices of the National Telecommunications and Information
    Administration ("NTIA") and the Interdepartment Radio Advisory
    Committee ("IRAC").[^22]

7.  As noted above, Section 2.106 of the Commission's rules includes a
    primary allocation to the radionavigation service in the 14.0-14.2
    GHz band. We are unaware of any Government use of the band for
    radionavigation services in International Telecommunication Union
    ("ITU") Region 2,[^23] and there is no non-Government use of the
    band for radionavigation services. Boeing notes that Section
    80.375(d)(2)(vi) of the Commission's rules indicates that "the
    14.0-14.05 GHz band will be authorized only for test purposes and
    maritime radionavigation on a secondary basis to the fixed-satellite
    service."[^24] Boeing states that, because its operations in the
    14.0-14.05 GHz band will need to avoid harmful interference to space
    research systems, any Section 80.375(d)(2)(vi) services that do
    exist similarly would be protected by means of hardware
    implementation, frequency avoidance, and control of network
    operations.[^25]

8.  Some operations in the 14 GHz band have been authorized in the
    United States on a secondary basis for LMSS and on a non-conforming
    basis for the Maritime Mobile-Satellite Service ("MMSS"); some
    operations in the 12 GHz band have been authorized in the United
    States on a non-conforming basis for LMSS and MMSS.[^26] Because
    these LMSS and MMSS operations use GSO FSS satellite transponders,
    and Boeing indicates that it will protect GSO FSS satellite networks
    in these bands,[^27] Boeing states that it likewise will protect
    these secondary and non-conforming operations from harmful
    interference.[^28] Finally, the Local Television Transmission
    Service ("LTTS") is authorized to use the 14.2‑14.4 GHz band
    pursuant to a secondary allocation to Mobile Services. Boeing
    indicates in its application that it examined the Commission's
    licensing database and found 20 LTTS licensees for this band, and in
    all cases, the licenses also included authorization to operate in
    other bands pursuant to Section 101.803 of the Commission's
    rules.[^29] Boeing states that it attempted to contact the
    licensees, but most were no longer in business, and those that were
    still operating indicated that they did not utilize the 14 GHz
    band.[^30]

9.  Boeing's application was placed on public notice on February 21,
    2001.[^31] PanAmSat Corporation ("PanAmSat") filed comments and
    Lockheed Martin Corporation ("LMC") filed a petition to defer the
    processing of Boeing's application.[^32] PanAmSat asserts that
    Boeing must ensure that the aggregate interference from its airborne
    terminals do not cause harmful interference into primary GSO FSS
    operations.[^33] LMC questions Boeing's ability to accomplish uplink
    interference control, and also expresses concern regarding aggregate
    interference from multiple emissions.[^34] In addition, LMC urges
    the Commission to defer processing Boeing's application until it can
    conduct a "comprehensive rulemaking" on permitting AMSS and possibly
    other new services in the Ku-band.[^35] Finally, LMC argues that
    Boeing did not sufficiently justify its request for waivers of the
    Commission's rules.[^36]

10. Boeing indicates that it has worked with PanAmSat and LMC, in part
    through the ITU process, to address potential interference concerns
    of FSS systems.[^37] While prosecuting the instant application at
    the Commission, Boeing also presented technical analyses to various
    ITU Radiocommunication Sector ("ITU-R") Working Groups in support of
    activities related to 2003 World Radiocommunication Conference
    ("WRC-03") Agenda item 1.11, which proposes a world-wide secondary
    allocation for AMSS in the 14.0-14.5 GHz band. Following the close
    of the public comment period for Boeing's application, Boeing
    submitted for the record two United States contributions to the
    WRC-03 preparatory process, which include descriptions of Boeing's
    proposed AMSS network and explain a "technical methodology that
    allows it to share spectrum" with GSO and NGSO FSS networks on a
    secondary basis.[^38] Boeing later submitted a document that was
    adopted by ITU-R Working Party 4A ("WP 4A")[^39] for inclusion in
    the WP 4A Chairman's Report, which reflects the group's conclusion
    that AMSS systems operating on a secondary basis can share with GSO
    and NGSO FSS networks in the 14 GHz band, and as a result, the band
    "can be used by the AMSS on a secondary basis."[^40] LMC and
    Intelsat Global Services Corporation ("Intelsat") also filed letters
    with the Commission regarding the ongoing progress of WP 4A in
    coming to a consensus on a draft ITU recommendations concerning
    prevention of harmful interference to the FSS from secondary AMSS
    station operations.[^41]

11. On October 31, 2001, PanAmSat, LMC and Intelsat filed a joint letter
    reporting that, based on the United States contributions to the
    WRC-03 preparatory process that Boeing submitted to the record, WP
    4A developed a draft new recommendation ("DNR") at its October 2001
    meeting in Geneva "that significantly progresses the work on
    ensuring AMSS networks operating via GSO FSS do not cause
    unacceptable interference to adjacent FSS networks."[^42]
    Significantly, PanAmSat, LMC and Intelsat reported that:

> Boeing, LMC, Intelsat, and PanAmSat\[\] were able to reach consensus
> on the recommendations in the U.S. contribution to the WP 4A meeting.
> This U.S. contribution provides the basis for addressing the
> outstanding technical and regulatory issues associated with the
> licensing, on a non-conforming use basis, of an AMSS system using GSO
> FSS satellites in the 14.0-14.5 GHz band.[^43]

In their joint letter, PanAmSat, LMC and Intelsat attached the U.S.
contribution to the WP 4A meeting, requesting that the technical and
regulatory measures contained in the *recommends* section of the DNR be
conditions in any license granted for operation of AMSS networks in the
14.0-14.5 GHz band.[^44]

# III. DISCUSSION

12. As we explained recently in the *Boeing Receive-Only Order*,
    Commission rules may be waived for good cause shown.[^45] A waiver
    is appropriate only if special circumstances warrant a deviation
    from the general rule and such deviation would better serve the
    public interest than would strict adherence to the general
    rule.[^46] Generally, the Commission may grant a waiver of its rules
    in a particular case only if the relief requested would not
    undermine the policy objective of the rule in question, and would
    otherwise serve the public interest.[^47] In considering requests
    for non-conforming spectrum uses, the Commission has indicated that
    it would generally grant such waivers "when there is little
    potential for interference into any service authorized under the
    Table of Frequency Allocations and when the non-conforming operator
    accepts any interference from authorized services."[^48]

13. At its April 2001 meeting, ITU-R WP 4A analyzed the feasibility of
    AMSS operations in the 14.0-14.5 GHz band and the associated FSS
    protection requirements. WP 4A concluded that the 14.0-14.5 GHz
    frequency band can be used by the AMSS on a secondary basis relative
    to FSS, provided that in the case where AMSS is implemented within
    FSS assignments, the interference levels reaching GSO satellites
    must at all times be no more than the levels to which potentially
    affected satellite systems agree in coordination.[^49] In arriving
    at its conclusion, WP 4A recognized that the interference levels to
    which potentially affected satellite systems agree are based on
    stable antenna platforms with well-defined antenna patterns and
    aggregate levels that are not to be exceeded. WP 4A identified five
    operational factors that the AMSS must consider in designing uplink
    power control systems to ensure that the interference levels from
    the AMSS transmissions do not exceed the levels to which potentially
    affected satellite systems agree in coordination of FSS networks.
    The five factors identified were:

-   Aggregation of off-axis power from multiple aircraft;

-   Antenna mis-pointing;

-   Antenna gain pattern variation;

-   Input power-to-the-antenna variation; and

-   Antenna capture by adjacent satellites.[^50]

14. Each of these factors is mapped to a specific *recommends* clause in
    WP 4A's DNR drafted for its October 2001 meeting in Geneva.[^51]
    *Recommends* 1 addresses aggregation. *Recommends* 2.1 addresses
    antenna mis-pointing. *Recommends* 2.2 addresses antenna gain
    pattern variation. *Recommends* 2.3 addresses e.i.r.p.
    variation.[^52] *Recommends* 3 addresses antenna capture by adjacent
    satellites. Finally, *recommends* 4 and 5 address control and
    monitoring of AMSS terminals. PanAmSat, LMC and Intelsat state that
    these *recommends* clauses, initiated by Boeing's submissions to WP
    4A, represent the U.S. consensus on the appropriate measures for
    AMSS systems to protect primary FSS operations.[^53]

15. Other ITU-R Working Parties are examining the studies of the
    feasibility of AMSS operation sharing with radionavigation, space
    research, radio astronomy, LMSS, and terrestrial fixed services that
    are currently operating in various segments of the 14.0-14.5 GHz
    band. The conclusions from these studies show that AMSS feasibly can
    share the 14.0-14.5 GHz band with these services with no significant
    potential of harmful interference, provided AMSS coordinates its
    operations in accordance with the provisions of Article S9 of the
    ITU Radio Regulations.[^54] Lastly, ITU-R preliminary studies
    between the terrestrial fixed services and the AMSS have shown that
    AMSS adequately can protect the terrestrial fixed services with
    power flux density limits below certain levels.[^55]

16. Based on the analyses of potential interference from AMSS
    operations, and on the fact that all of the parties to this
    proceeding reached consensus on the appropriate measures for AMSS
    systems to protect primary FSS operations, we find that Boeing's
    request for waiver of the Table of Frequency Allocations is
    justified and grant of Boeing's application is in the public
    interest.[^56] This action will enable Boeing to expand its recently
    authorized one-way AMSS service in order to provide two-way
    broadband entertainment and data services to passengers and crew on
    commercial and private aircraft. Boeing will provide its AMSS
    service using a licensed GSO satellite operating within applicable
    coordination agreements with adjacent satellite operators. Boeing
    also acknowledges that it will provide its service on a non-harmful
    interference basis vis-à-vis all authorized users of these bands.
    Therefore, as a condition of its authorization, Boeing will be
    required to accept interference from all authorized users of the
    Ku-band and may not cause harmful interference to any services
    authorized to use the band. In addition, Boeing is prohibited from
    utilizing the system for air traffic control communications or other
    restricted aeronautical transmissions.[^57]

17. In granting Boeing's application, we note the technical concerns
    that PanAmSat and LMC raised. Specifically, PanAmSat indicated that
    it is concerned about the adequacy of the system monitoring and
    interference isolation protocols that Boeing has incorporated into
    its network design.[^58] Boeing states in its application that it
    will use a Network Operation Control center to restrict the number
    of airborne terminals operating concurrently and also to control
    their maximum data rates, power levels and other relevant
    factors.  Utilizing these and other measures that Boeing has
    described in its submissions in this proceeding, Boeing should be
    able to prevent harmful interference to authorized users of the
    Ku-band. In any event, as a condition of this authorization, upon
    notification of interference by authorized primary or secondary
    users of the Ku-band, Boeing will be required to cease the offending
    operations. Additionally, we condition this authorization on
    Boeing's designing and operating its system in accordance with the
    design guidelines it submitted to WP 4A, as now delineated in the
    *recommends* clauses of the U.S. WP 4A DNR. Under these
    circumstances and with these conditions, one general purpose of the
    Table of Allocations -- preventing harmful interference -- would not
    be undermined.

18. Given our decision to grant PanAmSat, LMC and Intelsat's joint
    request to condition this license on Boeing compliance with the
    measures contained in the *recommends* section of the DNR, we have
    addressed all outstanding technical issues these parties raised in
    their pleadings and letters. We also decline LMC's request to
    initiate a rulemaking on secondary, non-conforming, and other
    possible new uses of the Ku-band in the context of this application.
    During the past twelve years we have authorized operators to provide
    secondary or non-conforming services in the Ku-band, including both
    transmit and receive operations.[^59] We are not aware of any
    complaints of harmful interference resulting from the operations of
    these licensees, or other adverse effects on authorized operators
    utilizing the spectrum. Therefore, we believe that a rulemaking
    proceeding is unnecessary at this time.[^60]

# IV. ORDERING CLAUSES

19. Accordingly, IT IS ORDERED that Application File No.
    SES-LIC-20001204-02300 is GRANTED and The Boeing Company IS
    AUTHORIZED to operate up to eight hundred technically identical
    transmit and receive mobile earth stations aboard aircraft operating
    with the Telstar 6 satellite in the 14.0-14.5 GHz and 11.7-12.2 GHz
    bands in the United States,[^61] including the airspace above the
    territorial waters,[^62] subject to the following conditions:

```{=html}
<!-- -->
```
a)  Boeing shall not cause harmful interference to any authorized
    station operating in compliance with the Table of Allocations,
    either domestically (non-Government and Government stations) or
    internationally, in the 11.7-12.2 GHz and 14.0-14.5 GHz bands (*see*
    47 C.F.R. § 2.106), and Boeing shall immediately cease mobile
    satellite operations upon notification of such harmful interference
    resulting from its operations;

b)  Boeing, as a non-conforming user, must accept any interference from
    any station authorized to use the 11.7-12.2 GHz and 14.0-14.5 GHz
    bands;

c)  Boeing shall not utilize the system for air traffic control
    communications;

d)  Boeing must comply with any equivalent isotropically radiated power
    ("e.i.r.p.") spectral density, or other limits adopted by the
    International Telecommunication Union ("ITU") to protect other
    services allocated internationally;

e)  Boeing shall not begin its proposed operations in the 14.0-14.5 GHz
    band until coordination of Boeing's aircraft earth stations have
    been successfully completed through the National Telecommunications
    and Information Administration ("NTIA") Frequency Assignment
    Committee of the Interdepartment Radio Advisory Committee ("IRAC");

f)  In the 14.0-14.5 GHz band, in order to facilitate the protection of
    the National Science Foundation ("NSF") radio astronomy operations,
    Boeing shall design and operate its system in accordance with
    Boeing's Technical Operational Coordination Agreement with NSF,
    dated December 13, 2001;[^63]

g)  Boeing's non-conforming use of the 14.0-14.5 GHz band shall not
    constrain future deployment of additional Federal Earth Stations in
    the space research service authorized pursuant to existing
    allocations;

h)  Boeing shall design and operate its system in accordance with the
    following design guidelines,[^64] such that:

> 1\) the aggregate off-axis e.i.r.p. levels produced by all
> co-frequency AMSS mobile terminals are no greater than the
> interference levels that have been accepted by other FSS satellite
> systems in coordination with Telstar 6 while operating at the 93° W.L.
> GSO satellite location;
>
> 2\) AMSS mobile terminals shall employ an algorithm that is resistant
> to capturing and tracking adjacent satellite signals, and each
> terminal shall be capable of inhibiting its own transmission in the
> event it detects unintended satellite tracking;

3\) AMSS mobile terminals are monitored and controlled by a ground‑based
Network Control and Monitoring Center ("NCMC") or equivalent facility;

4\) each AMSS mobile terminal shall:

> 4.1.) be able to receive at least "enable transmission" and "disable
> transmission" commands from the NCMC;
>
> 4.2.) cease transmissions after receiving any "parameter change"
> command, which may cause harmful interference to other satellite
> systems during the change, until it receives an "enable transmission"
> command from its NCMC; and
>
> 4.3.) be monitored by the NCMC to determine if its operation is
> malfunctioning; and
>
> 4.4.) self-monitor, and shall automatically cease transmission in the
> event of an operation fault which can cause harmful interference to an
> adjacent FSS satellite;

5\) no later than 60 days prior to commencing commercial operations,
Boeing shall submit a report verifying its ability to comply with these
conditions, and include test results and a description of any design
modifications[^65] or operational procedures necessary to ensure that
these conditions are met; the report shall, *inter alia*, address the
following factors regarding the aggregate off-axis e.i.r.p. levels
generated by the AMSS mobile terminals:

> 5.1.) variations in aggregate off-axis e.i.r.p. caused by mis-pointing
> of AMSS mobile terminal antennas; this includes, at least, effects
> caused by bias and latency of their AMSS mobile terminal antenna
> pointing systems, tracking error of closed loop tracking systems, and
> misalignment between transmit and receive apertures;
>
> 5.2.) variations in aggregate off-axis e.i.r.p. caused by variations
> in the antenna pattern of AMSS mobile terminals; this includes, at
> least, effects caused by manufacturing tolerances, aging of the
> antenna, and environmental effects, variation in antenna pattern with
> scan angles (elevation and azimuth), element phase error, amplitude
> error, and failure rate; and
>
> 5.3.) variations in aggregate off-axis e.i.r.p. caused by variations
> in the transmit e.i.r.p. from AMSS mobile terminals; this includes, at
> least, effects caused by measurement error, control error, and latency
> for closed loop power control systems;

i)  Boeing shall maintain a point of contact to address immediately any
    harmful interference events from other authorized users in the
    frequency bands, and shall arrange to terminate operations if
    necessary; Boeing shall submit a letter to be included in its
    license file with the name and telephone number of the contact
    within 30 days of the release of this *Order*.

```{=html}
<!-- -->
```
20. IT IS FURTHER ORDERED that Boeing IS GRANTED a waiver of Section
    2.106 of the Commission's rules for the purpose of operating
    transmit and receive AMSS stations in the 14.0-14.5 GHz and
    11.7-12.2 GHz bands, consistent with the technical parameters
    specified in its application and supporting documents, and the
    conditions set forth in this *Order*.

21. IT IS FURTHER ORDERED that the Petition to Defer Processing filed
    March 23, 2001 by Lockheed Martin Corporation IS DENIED.

22. Boeing is afforded 30 days from the date of release of this *Order*
    to decline the authorization as conditioned. Failure to respond
    within that period will constitute formal acceptance of the
    authorization as conditioned.

23. This *Order and Authorization* is issued pursuant to Sections 0.241
    and 0.261 of the Commission's rules on delegated authority, 47
    C.F.R. §§ 0.241, 0.261, and is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION

Donald Abelson

Chief, International Bureau

Bruce A. Franca

Acting Chief, Office of Engineering and Technology

**Appendix A**

Received: 24 September 2001

Subject: Res.216, Agenda item 1.11 - Doc. 4A/TEMP/94 (§ 4.11 of Doc.
4A/217)

United States of America

Draft new recommendation on operation and control\
of amss networks in the 14.0-14.5 ghz band\
relative to fss networks

At its April 2001 meeting, Working Party 4A proposed that five
operational factors form the basis of a Recommendation on the use of the
14.0--14.5 GHz band by AMSS (on a secondary basis) relative to FSS. The
purpose of this paper is to reformat these factors into a draft new
recommendation. It is appropriate to submit these factors in the form of
a Draft New Recommendation because the material has already been
reviewed and agreed to by WP 4A.

The five factors identified were:

-- Aggregation of off-axis power from multiple aircraft

-- Antenna mis-pointing

-- Antenna gain pattern variation

-- Input power to the antenna variation

-- Antenna capture by adjacent satellites

Each of these factors is mapped to a specific *recommends* in the
attached DNR. *Recommends* 1 covers aggregation. *Recommends* 2.1 covers
antenna miss pointing, *recommends* 2.2 covers antenna gain pattern
variation, and *recommends* 2.3 covers EIRP variation. Transmit EIRP
variation has been substituted for input power variation because input
power is not as meaningful for phased array systems which have
electronic gain in the antenna. This substitution yields an equivalent
set of parameters. *Recommends* 3 addresses antenna capture by adjacent
satellites. Finally, *recommends* 4 and 5 address control and monitoring
of AMSS terminals

DRAFT NEW RECOMMENDATION ITU-R S.AMSS

OPERATION AND CONTROL OF AMSS NETWORKS\
IN THE 14.0-14.5 GHz BAND RELATIVE TO FSS NETWORKS

(Resolution 216 WRC-2000)

The ITU Radiocommunication Assembly,

considering

a)  that the 14.0--14.5 GHz frequency band is allocated to the FSS
    (Earth-to-space) on a primary basis;

b)  that Resolution 216 of WRC-2000 invites the ITU-R to study, inter
    alia, the feasibility of sharing that band between the FSS and the
    AMSS, with the latter service on a secondary basis;

c)  that a secondary allocation for AMSS in the 14.0--14.5 GHz frequency
    band will be considered at WRC-2003;

d)  that it is necessary to protect FSS networks in the 14.0--14.5 GHz
    frequency band from interference caused by other networks and
    services;

e)  that the Radio Regulations provide adequate means of protection of
    FSS networks from interference by other FSS networks;

f)  that utilization of suitable techniques to protect FSS space
    stations will enable AMSS networks to operate in the 14.0--14.5 GHz
    frequency band without causing unacceptable or harmful interference
    to FSS networks;

g)  that AMSS networks must take into account a variety of factors that
    can affect interference levels into FSS networks;

h)  that AMSS networks must have control and monitoring functions to
    limit interference to other users in the 14.0--14.5 GHz frequency
    band;

i)  that AMSS mobile terminals receive control information from their
    associated Network Control and Monitoring Center or an equivalent
    facility, in the frequency range 10.7 to 12.75 GHz;

recommends

1 that an AMSS network in the 14.0--14.5 GHz frequency band be designed
and operated in such a manner that the aggregate off-axis e.i.r.p.
levels produced by all co-frequency AMSS mobile terminals are no greater
than the interference levels that have been accepted by other satellite
systems;

2\. that the design and operation of an AMSS network should, at least,
account for the following factors which could vary the aggregate
off-axis e.i.r.p. levels generated by the AMSS mobile terminals:

2.1. that the design and operation of an AMSS network should account for
variations in aggregate off-axis e.i.r.p. caused by miss-pointing of
AMSS mobile terminal antennas. Where applicable, this includes, at
least, effects caused by bias and latency of their pointing systems,
tracking error of closed loop tracking systems, misalignment between
transmit and receive apertures for systems that use separate apertures,
and misalignment between transmit and receive feeds for systems that use
combined apertures;

2.2. that the design and operation of an AMSS network should account for
variations in aggregate off-axis e.i.r.p. caused by variations in the
antenna pattern of AMSS mobile terminals. Where applicable, this
includes, at least, effects caused by manufacturing tolerances, aging of
the antenna, and environmental effects. AMSS systems using certain types
of antennas, such as phased arrays, should account for variation in
antenna pattern with scan angles (elevation and azimuth). Systems using
phased arrays should also account for element phase error, amplitude
error, and failure rate.

2.3. that the design and operation of an AMSS network should account for
variations in aggregate off-axis e.i.r.p. caused by variations in the
transmit e.i.r.p. from AMSS mobile terminals. Where applicable, this
includes, at least, effects caused by measurement error, control error,
and latency for closed loop power control systems. Systems that
calculate the e.i.r.p. of AMSS mobile terminals based on the received
signal should account for error sources and latency in this calculation.
Systems that calculate the e.i.r.p of AMSS mobile terminals based on
input power should account for measurement error and reporting latency;

3\. that AMSS mobile terminals that use closed loop tracking should
employ an algorithm that is resistant to capturing and tracking adjacent
satellite signals. The AMSS mobile terminals should also inhibit
transmission if it detects unintended satellite tracking has happened or
is about to happen;

4\. that AMSS mobile terminals should be subject to the monitoring and
control of a Network Control and Monitoring Center (NCMC) or equivalent
facility. AMSS mobile terminals should be able to receive at least
"enable transmission" and "disable transmission" commands from the NCMC.
AMSS mobile terminals should cease transmissions after receiving any
"parameter change" command, which may cause harmful interference during
the change, until it receives an "enable transmission" command from its
NCMC. In addition, it should be possible for the NCMC to monitor the
operation of an AMSS mobile terminal to determine if it is
malfunctioning;

5\. that AMSS mobile terminals should also be self monitoring and should
a fault which can cause harmful interference to an adjacent FSS
satellites be detected, the AMSS mobile terminal should auto-disable
itself;

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[^1]: As used here, the term "Ku-band" refers to the Earth-to-space
    (uplink) frequencies at 14.0‑14.5 GHz and the corresponding
    space-to-Earth (downlink) frequencies at 11.7-12.2 GHz.

[^2]: *See* 47 C.F.R. § 2.106.

[^3]: *See The Boeing Company*, Order and Authorization, 16 FCC Rcd 5864
    (Int'l Bur./OET 2001) ("*Boeing Receive-Only Order*").

[^4]: *Id.*

[^5]: *Id.* at 5868 ¶ 13. We also authorized Boeing to operate
    receive-only stations in the AMSS from SES Americom's Americom 4
    (AMC-4, then GE Americom's GE-4) satellite at 101° W.L. *Id.* Boeing
    does not request access to AMC-4 in the instant application.

[^6]: *See* 47 C.F.R. § 2.106.

[^7]: *Boeing Receive-Only Order*, 16 FCC Rcd at 5866-68 ¶¶ 9, 14.

[^8]: *Id.* at 5868 ¶ 13.

[^9]: *See Application of The Boeing Company for Blanket Authority to
    Operate up to Eight Hundred Technically-Identical Transmit and
    Receive Mobile Earth Stations Aboard Aircraft in the 11.7-12.2 and
    14.0-14.5 GHz Frequency Bands*, File No. SES-LIC-20001204-02300
    (December 4, 2000, supplemented January 10, 2001) ("*Boeing Two-Way
    AMSS Application*").

[^10]: *Id.* at 8.

[^11]: In that regard, we note that nothing in this *Order* in any way
    addresses the characteristics of transmissions from the fixed Earth
    stations that will be used to uplink signals to Telstar 6. It is
    incumbent on Boeing and/or the licensee of those stations to ensure
    that the operations of those stations are properly authorized.

[^12]: *See* 47 C.F.R. § 2.106.

[^13]: *Id.*

[^14]: *Id.* Footnote US203 prohibits harmful interference to radio
    astronomy observations in the 14.47-14.5 GHz band.

[^15]: *See, e.g.*, Letter from David A. Nall and Philip L. Malet,
    Co-Counsel to The Boeing Company, to Donald Abelson, Chief,
    International Bureau, FCC, File No. SES-LIC-20001204-02300, at 3
    (April 27, 2001) ("Boeing April 27 Letter").

[^16]: *See Boeing Two-Way AMSS Application*, Technical Supplement at
    34. Section 25.134 of the Commission's rules includes thresholds,
    based on the power radiated from transmitters, for routine
    processing of VSAT networks operating in the Ku-band. 47 C.F.R. §
    25.134. Section 25.209 discusses FSS earth station antenna
    performance standards. 47 C.F.R. § 25.209.

[^17]: *See Boeing Two-Way AMSS Application* at 17 n.36 & Technical
    Supplement at 26. Boeing requests a waiver of 47 C.F.R. § 25.134, as
    its proposed downlink equivalent isotropically radiated power
    ("e.i.r.p.") density levels exceed those specified in Section 25.134
    for routine VSAT licensing. Boeing's proposed downlink e.i.r.p.
    density levels are consistent with those authorized for the Telstar
    6 satellite that are required to be coordinated with adjacent
    satellite operators. *See AT&T Corp.*, Memorandum Opinion and Order,
    11 FCC Rcd 15038 (Int'l Bur. 1996). For the reasons set forth in the
    *Boeing Receive-Only Order*, 16 FCC Rcd at 5867 ¶ 10, no waiver of
    47 C.F.R. § 25.134 is necessary.

[^18]: Specifically, Boeing states that the cumulative interference from
    its AMSS service would be "well below" the noise floor of NGSO FSS
    receivers. Boeing April 27 Letter at 2 (quoting *Working Document
    Towards CPM Text for WRC-2003 Agenda Item 1.11: Assessment of the
    Sharing Potential of AMSS Systems With NGSO FSS Systems in the
    Frequency Band 14‑14.5 GHz*, United States of America, Document
    4A/140-E, at 5-7 (April 11, 2001)). For the AMSS system studied in
    the referenced paper, "cumulative interference" is measured as 16
    aircraft transmitting simultaneously at 64 kbps, or 1 aircraft
    transmitting at 1 Mbps. For the NGSO FSS systems studied in the
    referenced paper, the peak, short term interference-to-noise ratios
    ranged from approximately --10 dB to --30 dB.

[^19]: *See Boeing Two-Way AMSS Application*, Technical Supplement at
    38-39.

[^20]: *See* Technical Operational Coordination Agreement for the Joint
    Usage of the Band 14.0-14.5 GHz Between the National Science
    Foundation and Aircraft Earth Stations Operating in the Boeing
    Connexion Aeronautical Mobile Network, Version 3.1 (December 13,
    2001).

[^21]: *See* Letter from Robert E. Spearing, Deputy Associate
    Administrator for Space Communications, Office of Space Flight,
    NASA, to Craig Holman, Regulatory Counsel, The Boeing Company
    (December 18, 2001).

[^22]: *See Boeing Two-Way AMSS Application*, Technical Supplement at
    39.

[^23]: The International Telecommunication Union ("ITU") Radio
    Regulations divide the world into three Regions. Generally, Region 1
    includes Africa, Europe, Northern and Western portions of Asia;
    Region 2 includes the Americas and Greenland; and Region 3 includes
    Southern portions of Asia, Australia and the South Pacific. *See*
    ITU Radio Regulations Article S5, Section I.

[^24]: 47 C.F.R. § 80.375(d)(2)(vi).

[^25]: *See Boeing Two-Way AMSS Application*, Technical Supplement at
    39-40.

[^26]: *See Qualcomm, Inc.*, Memorandum Opinion, Order and
    Authorization, 4 FCC Rcd 1543 (1989) (*Qualcomm OmniTRACS License*)
    (authorizing LMSS on a secondary basis in the 14 GHz band and on a
    non-conforming basis in the 12 GHz band); *Mobile Satellite-Based
    Communications Services by Crescomm Transmission Services, Inc. and
    Qualcomm Incorporated*, Order, 11 FCC Rcd 10944 (Int'l Bur./OET
    1996) (*Crescomm/Qualcomm Order*) (authorizing non-conforming MMSS
    operations in the 14 GHz and 12 GHz bands).

[^27]: *See* paragraph 5, *supra*.

[^28]: *Boeing Two-Way AMSS Application*, Technical Supplement at 40.

[^29]: *Id.* at 39. *See* 47 C.F.R. § 101.803.

[^30]: *Boeing Two-Way AMSS Application*, Technical Supplement at 39.

[^31]: Public Notice, Report No. SES-00263, at 1 (rel. February 21,
    2001).

[^32]: *Comments of PanAmSat Corporation*, File No.
    SES-LIC-20001204-02300 (March 23, 2001) ("PanAmSat Comments");
    *Petition to Defer Processing of Lockheed Martin Corporation*, File
    No. SES-LIC-20001204-02300 (March 23, 2001) ("LMC Petition"). Boeing
    filed a response. *Response of The Boeing Company*, File No.
    SES-LIC-20001204-02300 (April 5, 2001). Both PanAmSat and LMC filed
    reply comments *Reply Comments of PanAmSat Corporation*, File No.
    SES-LIC-20001204-02300 (April 17, 2001); *Reply of Lockheed Martin
    Corporation*, File No. SES-LIC-20001204-02300 (April 17, 2001).

[^33]: *See* PanAmSat Comments at 1-3. PanAmSat is concerned that
    unanticipated failures or deviations in Boeing's network control
    protocol could result in harmful interference into adjacent FSS
    networks that may be extremely difficult to isolate and correct.
    *Id.* at 2-3.

[^34]: *See* LMC Petition at 3-4.

[^35]: *Id.* at 5.

[^36]: *Id.* at 5-6.

[^37]: *See, e.g.*, Letter from David A. Nall and Philip L. Malet,
    Co-Counsel to The Boeing Company, to Donald Abelson, Chief,
    International Bureau, FCC, File No. SES-LIC-20001204-02300, at 3
    (May 23, 2001) (Boeing May 23 Letter).

[^38]: Boeing April 27 Letter at 1 (attaching *Working Document Towards
    Draft CPM Text In Response To Resolution 216 (WRC-2000): System
    Characteristics and GSO FSS Sharing Study for a Proposed AMSS System
    in the 14.0‑14.5 GHz Band*, United States of America, Document
    4A/129-E, at 3 (April 11, 2001) *and* *Working Document Towards CPM
    Text for WRC-2003 Agenda Item 1.11: Assessment of the Sharing
    Potential of AMSS Systems With NGSO FSS Systems in the Frequency
    Band 14-14.5 GHz*, United States of America, Document 4A/140-E, at 7
    (April 11, 2001)).

[^39]: ITU-R WP 4A studies and develops recommendations concerning
    efficient orbit and spectrum utilization with regard to FSS.

[^40]: Boeing May 23 Letter (attaching, *inter alia*, *Working Document
    Concerning Agenda Item 1.11 of WRC-03*, ITU-R Working Party 4A,
    Document 4A/TEMP/94-E).

[^41]: Letter from Gerald Musarra, Vice President, Trade and Regulatory
    Affairs, Lockheed Martin Corporation, to Donald Abelson, Chief,
    International Bureau, FCC, File No. SES-LIC-20001204-02300 (May 16,
    2001); Letter from Tony A. Trujillo, Jr., Acting Vice President,
    Corporate Services, Intelsat Global Services Corporation, to Thomas
    Tycz, Chief, Chief, Satellite and Radiocommunication Division,
    International Bureau, FCC, File No. SES-LIC-20001204-02300 (August
    15, 2001).

[^42]: Letter from Gerald Musarra, Vice President, Trade and Regulatory
    Affairs, Lockheed Martin Corporation, Kalpak S. Gude, Vice
    President, Government and Regulatory Affairs & Associate General
    Counsel, PanAmSat Corporation, and David Meltzer, General Counsel
    and Sr. Vice President, Regulatory Affairs, Intelsat Global Services
    Corporation, to Thomas Tycz, Chief, Satellite and Radiocommunication
    Division, International Bureau, FCC, File No.
    SES-LIC-20001204-02300, at 1 (October 31, 2001) ("October 31 Joint
    Letter").

[^43]: *Id.* at 2.

[^44]: *Id.* (attaching *Draft New Recommendation on Operation and
    Control of AMSS Networks in the 14.0-14.5 GHz Band Relative to FSS
    Networks*, United States of America, Delayed Contribution, Document
    4A/278-E (September 26, 2001)). The *recommends* section includes
    specific recommended methods for avoiding interference.

[^45]: *Boeing Receive-Only Order*, 16 FCC Rcd at 5866 ¶ 8 (citing 47
    C.F.R. § 1.3; *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir.
    1969) ("*WAIT Radio*")).

[^46]: *WAIT Radio*, 418 F.2d at 1157. *See also Northeast Cellular
    Telephone Co. v. FCC*, 897 F.2d 1164, 1166 (D.C. Cir. 1990).

[^47]: *WAIT Radio*, 418 F.2d at 1157.

[^48]: *Fugro-Chance, Inc.*, Order and Authorization, 10 FCC Rcd 2860,
    2860 ¶ 2 (Int'l Bur. 1995) (authorizing non-conforming MMSS in the
    C-band); *see also Motorola Satellite Communications, Inc.*, Order
    and Authorization, 11 FCC Rcd 13952, 13956 ¶ 11 (Int'l Bur. 1996)
    (authorizing service to fixed terminals in bands allocated to the
    mobile-satellite service).

[^49]: *See Chairman's Report From The Meeting of Working Party 4A,
    Seattle, 23 April-2 May 2001*, Document 4A/217 (Rev.1)-E, at 344
    (June 22, 2001).

[^50]: *Draft New Recommendation on Operation and Control of AMSS
    Networks in the 14.0-14.5 GHz Band Relative to FSS Networks*, United
    States of America, Delayed Contribution, Document 4A/278-E
    (September 26, 2001).

[^51]: *Id.*, a copy of which is attached hereto as Appendix A.

[^52]: Transmit e.i.r.p. variation has been substituted for input power
    variation because input power is not as meaningful for phased array
    systems that have electronic gain in the antenna. This substitution
    yields an equivalent set of parameters.

[^53]: October 31 Joint Letter at 2.

[^54]: *See Working Document Towards CPM Text Regarding Sharing Between
    AMSS and Space Research Services in the 14-14.5 GHz Band*, United
    States of America, Delayed Contribution, Document 7E/46-E (October
    8, 2001); *Working Document Towards CPM Text Regarding Sharing
    Between AMSS and the Radio Astronomy Service in the 14-14.5 GHz
    Band*, United States of America, Delayed Contribution, Document
    7E/48-E (October 8, 2001); *Working Document Towards CPM Text
    Regarding Sharing of AMSS with LMSS and MMSS in the 14-14.5 GHz
    Band*, United States of America, Delayed Contribution, Document
    8D/201-E (October 18, 2001). There are no records in ITU files
    indicating any use of the radionavigation allocation in the
    14.0-14.3 GHz band by any administration. *Framework for Draft CPM
    Text for WRC-03 Agenda Item 1.11*, United States of America, Delayed
    Contribution, Document 8D/203-E, at 1.2.2 (October 18, 2001).

[^55]: *See Draft Elements of Chapter 2 of the Draft CPM Report In Reply
    to Resolution 216 (Rev. WRC-2000), Agenda Item 1.11 (WRC-03),
    Analysis of Interference from the AMSS into the FS in the Band
    14-14.5 GHz*, ITU Working Party 9D, Document 9D/TEMP/75 (Rev.1), at
    2 (October 9, 2001).

[^56]: *See* 47 C.F.R. § 2.102(a).

[^57]: *See* 47 C.F.R. §§ 87.173, 87.187(x) (these frequencies are not
    among those listed for air traffic control). *See generally* ICAO
    Handbook on Radio Frequency Requirements for Civil Aviation at 4-1 &
    4-2 (Doc. 9718-AN/957, First Edition 1998).

[^58]: *See* PanAmSat Comments at 2-3.

[^59]: *See, e.g.*, *Boeing Receive-Only Order*, 16 FCC Rcd 5864
    (described *supra*, paragraph 2); *Qualcomm OmniTRACS License*), 4
    FCC Rcd 1543 (described *supra*, footnote 26); *Crescomm/Qualcomm
    Order*, 11 FCC Rcd 10944 (described *supra*, footnote 26); *USA
    TODAY Sky Radio*, Order and Authorization, 7 FCC Rcd 7943 (Dom. Fac.
    Div., Com. Car. Bur. 1992) (authorizing non-conforming AMSS
    operations in the 12 GHz band).

[^60]: A rulemaking proceeding to modify the U.S. Table of Frequency
    Allocations may be warranted in connection with any adoption of an
    international secondary allocation for AMSS in the 14 GHz band.

[^61]: *See* 47 U.S.C. § 153(51) ("The term 'United States' means the
    several States and Territories, the District of Columbia, and the
    possessions of the United States, but does not include the Canal
    Zone.")

[^62]: Consistent with Presidential proclamation and the United Nations
    Convention on the Law of the Sea, the territorial waters would
    extend 12 nautical miles from the baselines of the geographic areas
    described in 47 U.S.C. § 153(51). *See* Presidential Proclamation
    No. 5928, 54 Fed. Reg. 777 (1988). This approach is consistent with
    the international law principle that each nation has exclusive
    jurisdiction over the airspace above its land territory and
    territorial waters. *See* U.N. Convention on the Law of the Sea, 21
    I.L.M. 1261, at Part II, Art. 2 (opened for signature 1982).

[^63]: *See* Letter from William T. Hatch, Associate Administrator,
    Office of Spectrum Management, NTIA, to Donald Abelson, Chief,
    International Bureau, FCC (December 18, 2001), Attachment 1.

[^64]: These requirements are derived from the *recommends* clauses of
    the U.S. WP 4A DNR, attached as Appendix A.

[^65]: *But see* 47 C.F.R. §§ 25.117 (modification of station license),
    25.118 (modification not requiring prior authorization).