# Before the

# Federal Communications Commission

# Washington, D.C. 20554

In the matter of )

)

ARINC Incorporated ) File Nos. SES-LIC-20030910-01261

) SES-AMD-20031223-01860

Application for Blanket Authority for Operation )

of Up to One Thousand Technically Identical )

Ku-Band Transmit/Receive Airborne Mobile )

Stations Aboard Aircraft Operating in the )

United States and Adjacent Waters )

)

)

)

)

)

# ORDER AND AUTHORIZATION

**Adopted:** April 5, 2005 **Released:** April 6, 2005

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

# INTRODUCTION

1.  With this order, we grant ARINC Incorporated authority for operation
    of up to one thousand technically-identical transmit/receive
    aircraft Earth stations in the 14.0-14.5 GHz (Earth-to-space) and
    11.7-12.2 GHz (space-to-Earth) frequency bands. These Earth stations
    will be used for Aeronautical Mobile Satellite Service ("AMSS"), to
    be provided via leased transponders on an existing Fixed Satellite
    Service ("FSS") satellite, subject to conditions specified herein.
    This authorization will permit ARINC Incorporated to provide
    broadband data communications service for passengers and crew of
    commercial airliners, corporate business jets, and smaller aircraft
    in the continental United States and over U.S. territorial waters.
    Implementation of this authorization will enhance competition in an
    important sector of the mobile telecommunications market in the
    United States.

# BACKGROUND

**A. Preceding Developments Relevant to Authorization of AMSS Operation
with Ku-Band FSS Satellites**

2.  In license orders issued in 2001, the International Bureau
    ("Bureau") and the Office of Engineering and Technology ("OET")
    granted applications by The Boeing Company for authority to provide
    AMSS via leased transponders on existing FSS satellites, using the
    same frequency bands that ARINC's application specifies.[^1] At that
    time, there was no domestic allocation for AMSS in either the
    11.7-12.2 GHz band or the 14.0-14.5 GHz band, which are domestically
    and internationally allocated on a primary basis for FSS operation
    and heavily used in the United States for very small aperture
    terminal ("VSAT") FSS operation. In an initial order granting
    authority for receive-only operation, the Bureau and OET held that a
    waiver was justified to allow Boeing to use the 11.7-12.2 GHz band
    for AMSS downlink transmission, primarily because Boeing proposed to
    use leased transponders on previously-licensed satellites within the
    terms of existing coordination agreements.[^2] In considering
    Boeing's later request for authority for AMSS uplink transmission in
    the 14.0-14.5 GHz band, the Bureau and OET noted that ITU-R Working
    Party 4A had endorsed a pertinent U.S.-sponsored Draft New
    Recommendation ("DNR").[^3] The DNR concluded that AMSS systems
    using transponders on FSS satellites could compatibly operate in the
    14.0-14.5 GHz uplink band on a secondary basis if they maintain
    aggregate earth station off-axis e.i.r.p. density within levels
    permitted under coordination agreements between the operators of the
    satellites housing the leased transponders and operators of nearby
    FSS satellites.[^4] Noting that all of the potentially-affected
    parties that commented on Boeing's application concurred with the
    DNR, the Bureau and OET granted Boeing a waiver for non-interfering,
    non-protected AMSS uplink operation in the 14.0-14.5 GHz band,
    subject to conditions based on the DNR guidelines.[^5]

3.  In 2001, OET also granted authority to ARINC for experimental test
    operation of another 12/14 GHz AMSS system, to be known as
    SKYLink^SM^.[^6] OET later modified the experimental license to
    permit commercial operation of fifteen SKYLink terminals until May
    1, 2006, for purposes of market study.[^7]

4.  The 2003 World Radiocommunications Conference (WRC-03) added a
    worldwide secondary Earth-to-space AMSS allocation in the 14.0-14.5
    GHz band. At the same time, the ITU Radiocommunication Sector
    adopted ITU-R M.1643, which sets forth detailed recommendations
    pertaining to operation of AMSS aircraft terminals in the 14 GHz
    band.[^8] Annex 1, Part A, of M.1643 specifies recommended
    requirements for protection of FSS networks that are essentially
    identical to the conditions in Boeing's 14 GHz AMSS authorization.

5.  The Commission subsequently amended the domestic Table of Frequency
    Allocations to add a secondary Earth-to-space AMSS allocation in the
    14.0-14.5 GHz band.[^9] Further, in a Notice of Proposed Rulemaking
    released this year ("*Ku-Band AMSS NPRM*"), the Commission proposed
    to amend the Table of Allocations to recognize AMSS operations in
    the 11.7-12.2 GHz band and to establish rules prescribing licensing
    procedures and operational requirements for Ku-Band AMSS
    operations.[^10] At present, however, there are no Commission
    service rules that explicitly pertain to licensing or operation of
    AMSS in the 14.0-14.5 GHz band, and there is no domestic allocation
    for AMSS in the 11.7-12.2 GHz band.

**B. Procedural History**

6.  ARINC filed the instant application for authority for full-scale
    commercial operation of the SKYLink System in September, 2003. The
    application was placed on public notice on October 15, 2003. In
    December 2003, ARINC filed an amendment to correct minor errors in
    its technical description. It filed supplemental information
    concerning coordination and aggregate earth station off-axis
    e.i.r.p. in June and September of 2004.[^11] Boeing and PanAmSat
    Corporation filed comments on the application. PanAmSat contended
    that the application needed clarification in one respect but
    otherwise raised no objection. Boeing maintained in initial
    comments, and in later written presentations, that the design of the
    SKYLink System does not comport with recommendations in ITU-R M.1643
    and that ARINC had not shown that its system would sufficiently
    limit aggregate earth station off-axis e.i.r.p. density. Boeing
    contended that the SKYLink application should not be granted unless
    ARINC amends it to cure the alleged deficiencies.

**C. System Description**

7.  The SKYLink System is designed to provide two-way, wideband data
    communications links between multiple aircraft Earth stations and
    terrestrial networks. More specifically, the SKYLink System will
    afford in-flight access to the Internet and private corporate
    networks, enabling air travelers to locate and transfer data files,
    business records and presentations to and from laptop computers.
    Flight crews may also use SKYLink for company access to facilitate
    flight and layover planning.

8.  Each SKYLink aircraft Earth station ("AES") terminal will operate
    with a steerable 11.5-inch parabolic dish antenna mounted in a
    radome on the aircraft tail stabilizer. The AES antenna, which can
    simultaneously receive in the 11.7-12.2 GHz band while transmitting
    in the 14.0-14.5 GHz band, will be continuously steered in three
    axes under the control of an open-loop algorithm to optimize
    coupling with the target satellite, using stored ephemeris data and
    inputs from the aircraft's inertial navigation system. A maneuver or
    navigational failure that prevents an AES antenna from locking on
    the satellite transponder will, by disrupting the received signal,
    cause the transmitter to shut down within 250 milliseconds.

9.  The Skylink System will operate with one or more leased transponders
    on SES Americom's AMC-1 satellite at 103° W.L. and a hub earth
    station in California. The hub station uses the same channel in the
    14.0-14.5 GHz band for "forward-link"[^12] transmission via a given
    satellite transponder that SKYLink AES terminals use for
    "return-link" transmission via that transponder. Similarly, a
    transponder transmits in the same channel in the 11.7-12.2 GHz band
    for the "forward" downlink to SKYLink AES terminals and the "return"
    downlink to the hub earth station. To enable this mode of operation,
    the SKYLink System employs a Paired Carrier Multiple Access
    technique that allows simultaneous transmission of independent
    signals in the same bandwidth.

10. Data entering and leaving the SKYLink system is formatted with the
    TCP/IP protocol (Transmission Control Protocol/Internet Protocol).
    TCP/IP data packets are formatted within the system for transmission
    with additional overhead for error correction encoding and
    interleaving to provide a robust bi-directional channel.

11. SKYLink forward links can support data-transmission rates up to 3.5
    Mbps. Forward-link signals are encoded using a randomized rate 1/3
    code, direct sequence spread spectrum, with an integer chip rate to
    fit within the available bandwidth, then applied to a pulse shaping
    Offset-Quadrature Phase Shift Keying modulator that formats the
    signal for transmission over a 36 MHz transponder. The return-link
    waveform is direct-sequence-spread, Gaussian Minimum Shift Keyed
    with Forward Error Correction encoding and interleaving. Individual
    AES terminals access the shared return link using a
    random-access-burst Code Reuse Multiple Access Aloha contention
    protocol.[^13] Multiple terminals can concurrently share a single
    SKYLink return-link frequency channel using burst transmissions with
    the same or different CDMA spreading codes.

12. A Network Management System (NMS) co-located with the hub earth
    station controls access to the SKYLink System and employs both
    open-loop and closed-loop power control to manage operation of
    logged-in AES terminals. The open-loop power control provides an
    estimate of the required uplink transmit power, based on a
    combination of the received signal strength at the AES receiver and
    an adjustment parameter provided in parameter-change messages from
    the NMS. The closed-loop algorithm accounts for signal losses and
    noise floor increases in both the return uplink to the satellite and
    the return downlink to the hub earth station and determines the
    content of the adjustment messages.

13. The SKYLink System uses on-board and ground-based fault-management
    controls to minimize interference from malfunctioning AES terminals.
    The terminals are programmed to cease transmission upon
    self-detection of hardware failure or out-of-tolerance operation or
    in the event of failure to receive a periodic status message. The
    NMS will order an AES to shut down if it fails to respond properly
    to a power-control or data-rate command.

# III. DISCUSSION

**A. Points of Communication**

14. PanAmSat notes that although the SKYLink application indicates that
    SES Americom's AMC-1 satellite at 103º W.L. is the only proposed
    orbital point of communication, a draft license filed with the
    application indicates that the SKYLink System will operate with the
    AMSC-1 satellite at 101° W.L. PanAmSat also maintains that the
    application could be construed as requesting a blanket waiver that
    would allow operation with any satellite, at any orbital location,
    without coordinating with operators of adjacent satellites. ARINC
    describes the reference to AMSC-1 as a typographical error,[^14]
    which has been corrected by a subsequent amendment. As amended,
    ARINC's application clearly does not request authority for operation
    with any satellite other than AMC-1, and we do not grant authority
    for operation with any other satellite in this authorization.

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B.  **Compliance with M.1643 Guidelines Concerning Control of Terminal
    Operation**

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15. Boeing maintains that the design of the SKYLink System does not
    comport with a key provision of Recommendation ITU-R M.1643.[^15]
    The provision in question is in Paragraph 4 of Annex 1, Part A, of
    ITU-R M.1643. The provision states that aircraft Earth stations
    transmitting in the 14.0-14.5 GHz band "should be subject to ...
    monitoring and control by an NCMC \[*i.e.*, a network control and
    monitoring center\] or equivalent facility" and "must be able to
    receive at least 'enable transmission' and 'disable transmission'
    commands from the NCMC." According to Boeing, this means that 14 GHz
    AES terminals should operate on a transmit-on-command basis; *i.e.*,
    each terminal transmission should commence only upon receipt of a
    separate command instruction from the network operation center that
    specifically instructs the terminal to transmit at that moment.
    Boeing contends that, as described in ARINC's license application,
    the SKYLink System will not operate in this manner, as the
    application indicates that the system will operate with an access
    protocol that will allow AES terminals to transmit data bursts
    without receiving separate command signals for each
    transmission.[^16] Boeing stresses that its own system operates with
    a transmit-on-command protocol and that the order that granted its
    AMSS authorization imposed conditions that are identical, in
    substance, to the network-control guidelines in ITU-R M.1643, Annex
    1, Part A.[^17]

16. We do not agree that transmit-(only)-on-command operation, as
    defined by Boeing, is necessary for consistency with Recommendation
    ITU-R M.1643. The provision in M.1643, Annex 1, Paragraph 4 that
    Boeing cites merely states that operation of 14 GHz AES terminals
    should be monitored and controlled by a network control center and
    must be able to receive enable-transmission and disable-transmission
    commands. It does not say that the terminals should transmit only on
    command, nor is this clearly implied. Rather, the following
    sentences in Annex 1, Paragraph 4 merely say that AES terminals
    should cease transmission while receiving parameter-change commands
    and that the network control center should be able to monitor
    terminal operation to detect malfunctioning.[^18]

17. As described by ARINC, the SKYLink System includes a Network
    Management System ("NMS") that continuously monitors operation of
    AES terminals and dynamically controls their input power, data
    transmission rates, and duty cycles and the number of terminals that
    can be logged-in. The application also indicates that the SKYLink
    NMS can detect terminal malfunctions and that malfunctioning
    terminals will be shut down on command from the NMS or by on-board
    fault-management algorithms. We therefore find that ARINC's
    operational description of the SKYLink System is consistent with the
    network-control guidelines in M.1643.

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C.  **Uplink Interference**

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1.  [Coordination]{.underline}

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18. ARINC has filed a copy of an uplink coordination agreement with SES
    Americom and PanAmSat Corporation.[^19] In addition to operating
    AMC-1, SES Americom operates geosynchronous FSS satellites in the
    adjacent orbital locations of 101º W.L. and 105º W.L. PanAmSat
    operates a geostationary FSS satellite at 99º W.L. The coordination
    agreement states, *inter alia*, that ARINC will control the number
    of logged-in terminals and data-transmission rates to limit the
    probability to 0.001 percent or less that the SKYLink System will
    generate aggregate off-axis e.i.r.p. spectral density toward the
    geostationary arc exceeding a one-dB margin below the maximum
    permissible levels for a routinely-licensed digital VSAT
    transmitter.[^20] The agreement also states that ARINC will control
    AES transmitter power in 0.25 dB steps; limit AES antenna pointing
    error to 0.1° or less with inertial navigation data refreshed every
    20 ms; terminate transmission from an AES terminal within 250 ms of
    return-link loss; implement a fault-management system that will
    terminate AES transmission when out of tolerance conditions are
    detected; and maintain continuous monitoring and oversight of AES
    operation from a ground network operations center. Further, the
    agreement states that ARINC will accept interference from adjacent
    satellites that would not harmfully interfere with Earth stations
    with antennas conforming to the reference patterns specified in
    Section 25.209 of the Commission's rules, and that ARINC will
    terminate SKYLink transmissions immediately upon notification from
    affected parties of resultant harmful interference. The coordination
    agreement includes stipulations by SES Americom and PanAmSat to the
    effect that they have no objection to authorization of SKYLink
    operation in accordance with the terms of the agreement and the
    specifications in the SKYLink license application.

19. ARINC asserts that it has coordinated with "all adjacent FSS
    licensees" and contends that this resolves any "genuine" technical
    issue.[^21] Although the execution of the agreement with SES
    Americom and PanAmSat weighs significantly in ARINC's favor, there
    is no established Commission policy for authorization of AMSS
    operation in the 14.0-14.5 GHz band based only on coordination. The
    Commission invited comment on a petitioner's recommendation for
    adoption of such a policy in the Ku-Band AMSS rulemaking,[^22] but
    at this point the issue is unresolved. Under the Commission's
    recently-adopted rules for non-routine earth-station licensing,
    applicants for authority to operate 14 GHz FSS earth stations with
    antennas as small as those used with SKYLink AES terminals must show
    that the proposed operation has been coordinated with operators of
    satellites within six degrees of the target satellite if the
    applicant relies on coordination in lieu of compliance with
    technical performance standards.[^23] We note, however, that ARINC
    has provided no evidence of coordination with Telesat Canada, which
    operates a co-frequency FSS satellite only slightly more than four
    degrees of orbital longitude from AMC-1.[^24] We also note that the
    coordination agreement with SES Americom and PanAmSat is predicated
    on representations pertaining to the SKYLink System's performance
    and that Boeing disputes these representations. We therefore
    conclude that ARINC's agreement with PanAmSat and SES Americom does
    not obviate the need to consider Boeing's technical arguments, which
    are addressed in the paragraphs below.

2\. [Probability of Exceeding Aggregate Off-Axis e.i.r.p. Density
Levels]{.underline}

20. Recommendation ITU-R M.1643 states that AMSS systems should keep
    off-axis e.i.r.p. density in the 14.0-14.5 GHz uplink band within
    "the levels that have been published and coordinated for the
    specific and/or typical Earth station(s) pertaining to FSS
    networks."[^25] In the United States, the 14.0-14.5 GHz band is
    primarily used for uplink transmission by Very Small Aperture
    Terminal ("VSAT") FSS Earth stations -- *i.e.*, FSS Earth stations
    with antennas less than 5 meters in diameter. VSAT Earth stations,
    like other FSS Earth stations, are subject to limits on off-axis
    antenna gain toward the geostationary-satellite-orbit arc specified
    in Section 25.209 of the Commission's rules. In addition, digital
    12/14 GHz VSAT Earth stations that have been "routinely" authorized
    -- *i.e.*, authorized without meeting the coordination and
    engineering-analysis requirements set forth in Section 25.134(b) --
    are subject to a limit of -14 dBW/4kHz on input power density
    specified in Section 25.134(a)(1). In combination, the relevant
    off-axis gain limits in Section 25.209 and the input-power limit in
    Section 25.134(a)(1) effectively define the following maximum levels
    of off-axis uplink e.i.r.p. density toward the
    geostationary-satellite-orbit arc from a single routinely-licensed
    digital VSAT station transmitting in the 14.0-14.5 GHz band:[^26]

> Angle off-axis Maximum e.i.r.p. in any 4 kHz band
>
> 1.25º ≤ θ ≤ 7.0º 15 -25log~10~θ dBW
>
> 7.0° \< θ ≤ 9.2° -6 dBW
>
> 9.2° \< θ ≤ 48º 18 -25log~10~θ dBW
>
> θ \> 48º -24 dBW.

21. In a decision issued several years ago, the Bureau held that Section
    25.134(a) implicitly prohibited routinely-authorized digital VSAT
    networks from generating aggregate off-axis e.i.r.p. density above
    the levels specified in the preceding paragraph (which we will refer
    to hereafter as "the VSAT emission envelope").[^27] The Bureau
    determined that when two or more remote stations in a digital VSAT
    network with a random-access "contention" protocol transmit
    simultaneously in the same frequency channel with the maximum input
    power specified in Section 25.134(a), their aggregate off-axis
    e.i.r.p. will occasionally exceed the VSAT emission envelope by 3 dB
    or more for brief periods of time.[^28] The Bureau granted a blanket
    waiver, however, to allow existing VSAT systems using such access
    protocols to continue operating with them pending resolution of
    relevant interference issues in a rulemaking proceeding.[^29]

22. The Commission concluded more recently that Section 25.134 should be
    amended to allow use of contention protocols permitting
    statistically-infrequent simultaneous co-frequency transmissions
    that briefly elevate aggregate earth-station off-axis e.i.r.p.
    density above the VSAT emission envelope.[^30] Specifically, the
    Commission proposed to amend Section 25.134 to allow VSAT systems
    using contention protocols to generate aggregate off-axis e.i.r.p.
    continuously exceeding the VSAT emission envelope for 100
    milliseconds or less by amounts varying inversely with the overall
    percentage of the time that the envelope is exceeded: 2 dB over the
    envelope one percent of the time, 4 dB over 0.1% of the time, 6 dB
    over 0.01% of the time, 8 dB over 0.001% of the time, etc.[^31] The
    proposed rule would also apply to VSAT networks using contention
    access protocols in combination with CDMA.[^32]

23. In the recent *Ku-Band AMSS NPRM* the Commission invited comment on
    a proposed requirement that Ku-band AMSS systems allowing
    simultaneous co-frequency transmissions by multiple AES terminals
    must limit the off-axis e.i.r.p. density generated by a
    simultaneously-transmitting terminal to levels calculated by
    reducing the limits in the VSAT emission envelope by 10\*log(N),
    where N represents the number of terminals transmitting
    simultaneously in the same frequency range.[^33]

24. The SKYLink System operates with an Aloha/CDMA access protocol that
    allows multiple simultaneous co-frequency AES transmissions, relying
    on code differentiation to minimize self-interference. Because
    SKYLink AES antennas are not large enough to suppress side-lobe gain
    to the extent necessary for conformance with the limits in Section
    25.209(a)(1), ARINC proposes to compensate by limiting AES input
    power density to levels well below the -14 dBW/4kHz limit for
    routinely-authorized digital VSAT Earth stations. ARINC determined
    that if the aggregate input-power spectral density of
    simultaneously-transmitting co-frequency SKYLink AES terminals does
    not exceed -24.25 dBW/4kHz, the system's aggregate uplink off-axis
    e.i.r.p. density will not exceed a one-dB margin below the VSAT
    emission envelope at the worst-case angle, as depicted by the
    following diagram.[^34]

    ![](media/image1.png){width="6.508333333333334in"
    height="3.09375in"}

    ARINC asserted in its application that the input power density into
    a single SKYLink AES terminal would never exceed -24.25 dBW/4kHz and
    that the aggregate input power density into
    simultaneously-transmitting SKYLink AES terminals would be kept
    below that level *almost* all the time, through dynamic network
    control of AES power, log-ins, and data transmission rates.[^35]
    Specifically, ARINC estimated that with 214 SKYLink AES terminals
    logged in over one transponder the probability of aggregate
    earth-station on-axis e.i.r.p. density exceeding the --24.25 dBW/4
    kHz level at any given point in time would be less than 0.001
    percent.[^36] ARINC asserted that the SKYLink NMS would authorize no
    more than 214 terminals to be logged in concurrently and therefore
    maintained that the system's aggregate off-axis e.i.r.p. would be
    within the VSAT emission envelope at least 99.999 percent of the
    time.[^37]

25. In response to criticism of its initial showing in this regard,
    ARINC reported that it had performed two Monte Carlo simulations to
    verify the probability estimate.[^38] ARINC conducted one such
    simulation to determine the probability that given numbers of
    simultaneous co-frequency AES transmissions at the maximum data rate
    (128 bps) would generate aggregate off-axis e.i.r.p. density
    exceeding the VSAT emission envelope. For purposes of this
    simulation, ARINC assumed that the AES terminals would be uniformly
    distributed within the transponder footprint and specified expected
    values for variation in AES antenna patterns, power-control error,
    inherent AES pointing error, pointing error due to airframe flexure
    and inertial-navigation inaccuracy, and variance in radiated power
    due to transponder gain-to-noise variation.[^39] ARINC derived the
    expected values for these variable factors from design parameters,
    information obtained from manufacturers, and "reasonable and
    conservative" estimates.[^40] ARINC conducted a second Monte Carlo
    simulation to estimate the probability that a given number of
    simultaneous transmissions will occur when a given number of SKYLink
    AES terminals are logged in over a single transponder. The second
    simulation was based on assumptions as to message-size distribution,
    the number of users per terminal, the relative proportions of
    business and recreational use, the ratio of return-link to
    forward-link transmission, and monthly and daily demand patterns,
    *inter alia*.[^41] Using the probability estimates obtained from the
    two simulations, ARINC applied a standard formula to calculate the
    probability that the SKYLink System's aggregate uplink off-axis
    e.i.r.p. spectral density would exceed the VSAT emission envelope
    when various given numbers of AES terminals are logged-in over one
    transponder.[^42] ARINC asserted that the results confirmed that its
    system would keep aggregate off-axis e.i.r.p. density within the
    envelope 99.999 percent of the time.

26. Boeing disputes ARINC's probability estimate on several grounds.
    Boeing argues that the estimate is belied by statements in the
    SKYLink application regarding operation of a congestion-control
    algorithm that would reduce AES duty cycles in high-traffic
    situations. Specifically, Boeing points out that, as described, the
    congestion controller would intervene only if the number of
    simultaneous AES transmissions reaches a level at which, by ARINC's
    admission, aggregate off-axis e.i.r.p. density would exceed the VSAT
    emission envelope one percent of the time. Hence, Boeing maintains
    that the SKYLink System is designed to limit the worst-case
    probability of exceeding the VSAT emission envelope to one percent,
    not 0.001 percent.[^43] In response, ARINC asserts that it assumed
    for purposes of its Monte Carlo simulations that all terminals
    transmit at the maximum return-link data rate of 128 kbps and thus
    that the results demonstrate that its system will keep aggregate
    e.i.r.p. density within the VSAT emission envelope at least 99.999
    percent of the time without relying on the congestion control
    algorithm.[^44]

27. Boeing also contends that ARINC's repeated assertion, in its report
    on the Monte Carlo simulations, that the SKYLink System will comply
    with the VSAT emission envelope 99.999 percent of the time is
    inconsistent with representations in the SKYLink application and the
    coordination agreement with SES and PanAmSat that aggregate
    earth-station off-axis e.i.r.p. density would be kept within a
    one-dB margin *below* the envelope 99.999 percent of the time.[^45]
    In response, ARINC says that it refrained from mentioning the one-dB
    margin when discussing the simulations simply because Boeing's
    preceding comments focused entirely on compliance with the VSAT
    emission envelope itself.[^46] ARINC reaffirmed that the SKYLink
    System "will be ... operated so that it exceeds the mask minus 1 dB
    less than 0.001% of the time."[^47]

28. Boeing further contends that ARINC's simulation-based assessment is
    defective because it is predicated on an assumption that SKYLink
    data traffic flow will be randomly distributed. Boeing contends that
    this assumption is unrealistic, asserting that TCP data-packet flow
    is "bursty" rather than randomly distributed.[^48] More generally,
    Boeing contends that ARINC's reliance on predictive assumptions
    about traffic patterns is a fundamental flaw in its approach.[^49]
    In response, ARINC maintains that although the data flow from
    individual SKYLink AES terminals may be bursty, the aggregate
    distribution of return-link traffic from active terminals in a
    full-CONUS SKYLink transponder footprint will, in fact, be
    essentially random.[^50]

29. Boeing also contends that ARINC's probability assessment is skewed
    by miscalculation of antenna pointing error, mis-estimation of
    e.i.r.p. variation, and failure to consider the effect of
    forward-uplink transmission.[^51] We address these contentions below
    under separate sub-headings.

30. The probability specification for the SKYLink System requires
    adherence to the VSAT emission envelope to a substantially greater
    extent than is required by the blanket waiver for random-access VSAT
    systems.[^52] Yet, due to the use of spread-spectrum CDMA
    multiplexing for SKYLink return-link transmissions, peak aggregate
    off-axis e.i.r.p. density from multiple SKYLink AES operation will
    be substantially lower than a typical random-access VSAT network
    would generate if operating with the same probability of exceeding
    the VSAT emission envelope and much lower than the
    eight-dB-above-the-envelope limit that the Commission has proposed
    for contention-access VSAT systems that exceed the limit 0.001
    percent of the time. We therefore conclude that SKYLink operation
    pursuant to the terms of the conditional authorization granted
    herein, pending adoption of service rules for Ku-Band AMSS, will not
    significantly increase the risk of harmful interference.

31. ARINC's predictive assumptions regarding terminal distribution,
    usage, and traffic flow generally seem reasonable, but in the event
    they prove inaccurate ARINC could nevertheless keep aggregate
    earth-station off-axis e.i.r.p. density within a one-dB margin below
    the VSAT emission envelope at least 99.999 percent of the time, as
    promised, by adjusting network-management algorithms governing
    log-ins, input power, return-link data rates, and duty cycles. ARINC
    will be required by the terms of its license to effect such
    adjustments, if necessary for conformance with the probability
    specification in its application and its uplink coordination
    agreement. To that end, the authorization granted herein includes a
    condition that will require ARINC to monitor usage patterns and
    traffic flow so that it can detect any material discrepancies from
    its previous predictive assumptions and to submit such information
    to the Commission for review. We believe that this suffices to
    resolve present concern about the ultimate validity of those
    assumptions.

32. We need not determine here whether keeping the aggregate off-axis
    e.i.r.p. density of SKYLink uplink transmission within a one-dB
    margin below the VSAT emission envelope 99.999 percent of the time
    is necessary to prevent harmful interference. The authorization
    granted here requires ARINC to operate in compliance with that
    restriction because ARINC has represented that that is what it will
    do. Although it might be inferred from certain statements in its
    pleadings that ARINC does not intend to ensure compliance with the
    99.999% probability specification under all foreseeable
    circumstances, we do not construe the statements in that way because
    any such intention would be inconsistent with unequivocal
    representations in the SKYLink application. Nor do we construe any
    other specification in the application as overriding the commitment
    to keep the probability of exceeding the one-dB aggregate off-axis
    e.i.r.p. margin within 0.001 percent. Thus, for instance, if
    allowing 214 AES terminals to be logged in at the same time[^53]
    would be inconsistent with that commitment, the authorization
    granted here does not permit it.[^54]

2\. [Log-in Issues]{.underline}

33. Boeing contends that the SKYLink application is defective because it
    does not indicate how much power SKYLink AES terminals can radiate
    when transmitting log-in requests or whether there is a limit on the
    number of successive log-in bursts a terminal can transmit at
    maximum power.[^55] Boeing also asserts that it is unclear how, if
    at all, the SKYLink NMS takes log-in transmissions into account when
    monitoring aggregate off-axis e.i.r.p. density.[^56]

34. According to the application, the SKYLink NMS controls the log-in
    process by broadcasting a "bulletin-board" message at programmed
    intervals of a second or more.[^57] A SKYLink AES terminal cannot
    transmit a log-in request (which is sent in a burst less than 20
    milliseconds in duration) unless it has received and processed the
    bulletin-board message, which specifies various parameters for
    log-in transmissions, including an initial frequency range and
    available time-slots.[^58] A terminal that has received the
    bulletin-board message can transmit a log-in request, in a
    data-burst less than 20 milliseconds in duration in one of the
    available time-slots chosen at random, under the direction of a
    search algorithm that requires use of minimum power for the initial
    request.[^59] If the first attempt fails, the terminal will transmit
    a second request with different frequency parameters, still with
    minimum power.[^60] If log-in attempts are persistently
    unsuccessful, the algorithm will instruct the terminal to increase
    power successively in one-dB steps, as necessary, up to a specified
    maximum level.[^61] An AES terminal that fails to log in after
    boosting power to the maximum extent[^62] must cease further log-in
    attempts for a "quiet period" of a duration specified by the
    bulletin-board message.[^63] The NMS will continually monitor the
    number of simultaneous AES transmissions, including log-in bursts,
    and will limit the probability of simultaneous log-in transmissions,
    insofar as necessary for compliance with aggregate earth-station
    off-axis e.i.r.p. restrictions, by adjusting the number of log-in
    time-slots, the frequency of repeat log-in attempts, the number of
    log-in attempts before a quiet period, and the length of the quiet
    period.[^64] We conclude that ARINC has adequately addressed the
    concerns that Boeing raised with respect to log-in operation.

3\. [Control Lag]{.underline}

35. Boeing raised a question as to whether the SKYLink NMS would react
    quickly enough to prevent uplink interference from occurring. As
    noted previously, ARINC indicated in its application that the
    SKYLink NMS would control aggregate earth-station off-axis e.i.r.p.
    density by managing AES input power, data-transmission rates, and
    duty cycles, monitoring simultaneous transmissions, and limiting the
    number of logged-in terminals.[^65] In subsequent comments, ARINC
    added that the NMS monitors the average number of simultaneous
    transmissions over successive 250-millisecond periods.[^66] In light
    of this, Boeing asserts that there would be a half-second lag after
    the NMS determines that an adjustment is necessary before a remedial
    command signal would be received by logged-in AES terminals.[^67]
    Boeing contends that the half-second lag-time would entail a
    significant potential for harmful interference.

36. Any AMSS system that relays signals via a satellite (or satellites)
    in geostationary orbit, including Boeing's and ARINC's, will be
    subject to inherent lag in reception of command signals from a
    ground-based network-management facility. However, ARINC can
    compensate for control lag, if necessary for compliance with the
    terms of its authorization, by adjusting NMS algorithms to afford an
    appropriate margin for error. Therefore, we do not believe that
    SKYLink operation pursuant to this authorization, pending adoption
    of pertinent AMSS service rules, will create a serious risk of
    harmful interference due to control lag.

    4.  [Control of Malfunctioning Terminals]{.underline}

37. As previously noted, the SKYLink System relies on ground-based and
    on-board fault-management systems to detect and terminate aberrant
    AES operation. Boeing expressed concern regarding ARINC's ability to
    identify malfunctioning AES terminals, in view of the fact that they
    will be moving rapidly and transmitting intermittently in burst
    mode.[^68] ARINC replied that its NMS can identify the source of an
    out-of-tolerance burst transmission because each return-link
    data-packet includes an IP address that uniquely identifies the
    transmitting terminal.[^69] ARINC stressed, moreover, that a SKYLink
    AES terminal will self-mute if its built-in-test program detects a
    malfunction and that any malfunction that would prevent a terminal
    from decoding bulletin-board signals would also prevent it from
    transmitting.[^70] ARINC contended that a single defective SKYLink
    terminal would be extremely unlikely to cause perceptible
    interference, in any event, as the maximum antenna flange power
    density that it could generate would be quite low.[^71] Finally,
    ARINC said that in the unlikely event harmful interference occurs
    due to an undetected terminal malfunction, it would cooperate with
    affected satellite operators to identify the source by muting active
    SKYLink AES terminals one at a time until the interference
    ceases.[^72] We conclude that these proposed fault-management
    measures are sufficient.

5\. [AES Duty Cycles]{.underline}

38. Boeing contended in its initial comments that the SKYLink
    application omitted "critical" information pertaining to control of
    AES duty cycles: *viz.*, whether the system controls the duty cycles
    of terminals that are attempting to log in, how the system controls
    AES duty cycles during "normal operation," what is the typical AES
    duty cycle, and how duty-cycle control is affected by
    constant-bit-rate traffic.[^73] In subsequent comments ARINC
    explained in ample detail how the SKYLink NMS controls AES duty
    cycles during the log-in process.[^74] ARINC has also explained that
    the NMS will control the duty cycles of logged-in terminals in a
    similar manner, by effectively specifying longer average
    time-intervals between successive burst transmissions when the
    number of simultaneous transmissions reaches a preset
    threshold.[^75] We do not agree that ARINC has withheld crucial
    information in this regard.

6\. [Pointing Error]{.underline}

39. The parties debated in considerable detail the probable amount of
    average AES antenna pointing error and its effect on uplink
    interference potential. ARINC estimated in its application that
    root-mean-square ("RMS") average SKYLink AES pointing error would be
    less than one tenth of a degree.[^76] ARINC maintains that even if
    average pointing error were somewhat larger it would have little
    impact on its system's aggregate e.i.r.p. density toward adjacent
    satellites, because the gain of a SKYLink AES antenna does not vary
    much within the relevant range of off-axis angles. For example,
    ARINC maintains that aggregate SKYLink e.i.r.p. density toward an
    adjacent satellite would not exceed the VSAT emission envelope even
    in the unlikely event that the antennas of all
    simultaneously-transmitting SKYLink AES terminals were mispointed by
    0.6 degrees in that satellite's direction when the system is fully
    loaded.[^77]

40. Boeing disputes ARINC's pointing-error estimate. Based on published
    standards for inertial-navigation-system accuracy, Boeing estimated
    that RMS-average pointing error for SKYLink AES terminals would be
    0.59 degrees in azimuth and 0.38 degrees in elevation, with
    resultant cone error of 0.71 degrees.[^78] ARINC contends that
    Boeing's estimate is useless because only pointing error in the
    plane of the geostationary satellite arc has any bearing on
    potential interference with co-frequency satellite systems and such
    error cannot be determined merely by calculating azimuth, elevation,
    and cone error.[^79] In any case, ARINC asserts that it included
    Boeing's cone-error estimate among the factors modeled in its Monte
    Carlo simulation analysis, as previously reported.[^80]

41. We agree with ARINC that Boeing's counter-estimate is irrelevant and
    conclude that ARINC has adequately accounted for pointing error.

7\. [Factors Affecting Terminal e.i.r.p.]{.underline}

42. *[Transponder G/T Variation]{.underline}* In the application, ARINC
    indicated that its NMS continuously calculates the e.i.r.p. of each
    active AES terminal's transmissions based on the measured
    bit-energy/noise ratio at the hub earth station and the terminal's
    geographic position in relation to the satellite antenna's reception
    gain-to-noise-temperature ("G/T") contours.[^81] ARINC later
    reported that it had allowed for G/T variation within a four-dB
    range in its simulation-based uplink interference analysis.[^82] In
    response, Boeing contended that there is no mechanism in the SKYLink
    System that bars AES operation at locations where satellite
    reception G/T is more than 4 dB below the peak level and that
    terminals outside the four-dB-below-peak G/T contour might transmit
    at much higher e.i.r.p. levels than ARINC took into account in its
    analysis.[^83] ARINC replied that, on the contrary, its analysis
    assumed that simultaneously-transmitting AES terminals are located
    where G/T is no more than four dB above the minimum value that
    defines the boundary of coverage.[^84] ARINC maintained that the
    likelihood that a SKYLink AES terminal would transmit from a
    location outside the coverage-boundary G/T contour is statistically
    minimal, because typical spacecraft transmit and receive footprints
    are essentially co-extensive.[^85]

43. Regardless of the assumptions on which ARINC predicated its
    interference analysis, ARINC will be obliged by the terms of this
    Order to ensure that the probability of exceeding a one-dB margin
    below the VSAT off-axis e.i.r.p. envelope does not exceed 0.001
    percent and to demonstrate compliance with that requirement in
    actual operation. Such demonstration should disclose the extent, if
    any, to which the downlink footprint extends beyond the minimum G/T
    contour and explicitly account for consequent impact on aggregate
    e.i.r.p. Given that SKYLink AES terminals cannot attempt to log in
    without receiving a forward-link bulletin-board signal and must
    terminate logged-in transmission if they lose the forward link for
    250 milliseconds,[^86] we infer that operation of SKYLink AES
    terminals at locations *outside* the downlink footprint will have
    negligible impact on aggregate e.i.r.p.

44. *[Rain Fade]{.underline}* Boeing argued that ARINC's link
    budgets[^87] do not take into account power increases to overcome
    rain fade in transmissions from AES terminals in aircraft on the
    ground.[^88] In response, ARINC confirmed that the SKYLink System is
    designed to compensate for rain fade through uplink power control
    but maintained that power increases to overcome rain fade will be
    offset by the rain attenuation and therefore will not increase
    off-axis power flux-density at the geostationary satellite arc.[^89]
    We agree with ARINC that power increases that merely compensate for
    rain fade will have no net effect on operation of co-frequency
    satellites.

45. *[Power-Control Error]{.underline}* Boeing asserted in supplemental
    comments, without specific elaboration, that ARINC had not
    adequately accounted for the effect of errors in closed-loop power
    control on AES e.i.r.p.[^90] ARINC later reported that it had
    allowed for a power-control error factor of ± 0.5 dB in its
    simulation-based uplink interference analysis.[^91] The error
    allowance is plausible, and Boeing did not dispute it in subsequent
    pleadings. We therefore conclude that ARINC has sufficiently
    addressed Boeing's concern in this regard.

46. *[Calibration Error]{.underline}* ARINC said in the application that
    it would use a reference transmitter co-located with the hub earth
    station, generating a waveform identical to the waveform of AES
    transmissions with an antenna conforming to the requirements of
    Section 25.209, to calibrate and monitor AES e.i.r.p.[^92] Boeing
    maintained that ARINC should assess error factors associated with
    use of this technique, particularly inaccuracy of the calibration
    transmitter.[^93] ARINC should address the concern about inaccuracy
    of the calibration transmitter in any future compliance showing
    required under the terms of its authorization.

8\. [Effect of Hub Transmission]{.underline}

47. ARINC uses a fixed Earth station with a 4.5-meter antenna, licensed
    to ViaSat, for forward uplink transmission. As mentioned previously,
    the hub station transmits in the same frequency band as the SKYLink
    AES terminals. Boeing contended that ARINC did not properly account
    for the contributing effect of hub transmission to aggregate
    earth-station off-axis e.i.r.p. density. Boeing maintained that if
    the hub station operates at the maximum input power permitted under
    the terms of ViaSat's license, it would generate off-axis e.i.r.p.
    only 3.4 dB below the VSAT emission envelope, leaving little margin
    for AES transmission.[^94] ARINC maintained, however, that SKYLink
    hub transmission would have no appreciable effect on aggregate
    earth-station off-axis e.i.r.p., because the hub-station antenna has
    little pointing error, meets or exceeds the sidelobe-gain limits in
    Section 25.209, and operates with flange input power density of only
    -23 dBW/4kHz for SKYLink transmission, which is 5.6 dB below the
    level authorized by ViaSat's license.[^95] In response, Boeing
    argues that the Commission should not rely on ARINC's
    representations regarding the input power density of SKYLink hub
    transmission unless ViaSat's Earth-station license is modified to
    reduce the authorized power accordingly.[^96]

48. We agree with ARINC that SKYLink hub earth-station transmission with
    input power at the level specified in its link budgets will have
    little effect on aggregate e.i.r.p. toward adjacent satellites. In
    the event hub input power exceeds that level, ARINC will be obliged
    to adjust network-control parameters as necessary to ensure
    compliance with the license restriction on aggregate earth-station
    off-axis e.i.r.p. density.

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D.  **Coordination with Government Operation**

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49. The 14.0-14.2 GHz portion of the Ku-band is domestically allocated
    for secondary-status Federal-government operation in the Space
    Research Service ("SRS").[^97] The National Aeronautics and Space
    Administration ("NASA") currently operates SRS Tracking and Data
    Relay Satellite System ("TDRSS") receive stations in White Sands,
    New Mexico, and Guam that operate in the 14.0-14.05 GHz band. NASA
    plans to establish an additional TDRSS receive facility on the east
    coast of the United States.[^98]

50. The National Science Foundation ("NSF"), an independent Federal
    agency created by Congress, supports radio-astronomy observation in
    the 14.47-14.5 GHz band at National Radio Astronomy Observatories in
    New Mexico and West Virginia. The use of that band for
    radio-astronomy observation at those sites is recognized in Footnote
    US203 to the U.S. Table of Allocations, which requires steps to be
    taken to minimize interference with such operation from terrestrial
    radio transmitters. The NSF also supports radio-astronomy
    observation in the same band at various other sites in the
    continental United States, Hawaii, Puerto Rico, and the U.S. Virgin
    Islands.

51. The Commission has proposed to require applicants for authority for
    AMSS operation in the 14.0-14.5 GHz band to coordinate with the NTIA
    to resolve concerns regarding interference with SRS and
    radio-astronomy operation, as a prerequisite for licensing.[^99] In
    September 2004, ARINC filed copies of a signed coordination
    agreement with NASA pertaining to protection of TDRSS operation and
    a signed agreement with the NSF pertaining to protection of
    radio-astronomy observation.[^100] In the NASA agreement, ARINC
    promised to monitor, control, and cease transmission of any SKYLink
    AES terminals that would exceed defined thresholds for protection of
    all current and future TDRSS Earth stations and to comply promptly
    with any request from NASA for help in identifying sources of
    transient interference that might have been caused by SKYLink
    operation. The coordination agreement with the NSF requires ARINC to
    shut down SKYLink AES terminals in line-of-sight with current and
    future NSF-supported radio-astronomy sites during periods of
    observation in the 14.47-14.5 GHz band and to limit the power
    flux-density of transmissions from individual AES terminals
    operating in the band 14-14.47 GHz to specified levels in the band
    14.47-14.5 GHz at such sites during such periods of
    observation.[^101]

52. The SKYLink AMSS authorization granted in this order is subject to a
    condition requiring the licensee to meet its obligations under the
    coordination agreements with NASA and the NSF. The authorization is
    also subject to a further condition that will require compliance
    with any pertinent additional requirements adopted in the Ku-Band
    AMSS rulemaking with respect to coordination or protection of
    Federal-government operation in the 14.0-14.5 GHz band.

**E. Downlink Operation**

53. The 11.7-12.2 GHz band is domestically allocated on a primary basis
    for FSS downlink transmission.[^102] As the band is not currently
    allocated for AMSS, ARINC requested a waiver of the rule that
    spectrum use must be in accordance with the Table of Frequency
    Allocations, to permit 11.7-12.2 GHz downlink operation on a
    no-interference, non-protected basis.[^103] ARINC also requested a
    waiver of Section 25.134(b) of the Commission's rules, which
    requires applicants for authority for digital downlink transmission
    in the 11.7-12.2 GHz band at e.i.r.p. densities above a specified
    threshold value to submit a detailed engineering analysis and prove
    by affidavit that all potentially-affected parties are aware of the
    proposed operation and have no objection. ARINC asserts that
    downlink transmission for the SKYLink System will comport with the
    limits for AMC-1 downlink operation established by coordination
    agreements between SES Americom and operators of adjacent
    satellites. No one filed comments in opposition to these waiver
    requests or raised any objection to ARINC's proposal with respect to
    downlink operation.

54. The Commission has previously granted Boeing authority for use of
    the 11.7-12.2 GHz band for AMSS downlink transmission from an
    existing FSS satellite. Because Boeing proposed to operate with peak
    downlink e.i.r.p. density in excess of the threshold value in
    Section 25.134(b), its downlink authorization was conditioned on
    submission of proof that operators of adjacent satellites had no
    objection.[^104] There is no need to include such a condition on the
    downlink authorization in this instance, however, as the Commission
    has concluded that authority for digital downlink transmission in
    the 11.7-12.2 GHz band with e.i.r.p. density up to 10 dBW/4kHz
    should be routinely granted without requiring coordination,[^105]
    and as ARINC indicates in its application that the e.i.r.p. density
    of downlink transmissions for the SKYLink System will not exceed
    7.96 dBW/4kHz.[^106] We therefore grant the requested authority for
    downlink operation in the 11.7-12.2 GHz band.

**F. Performance Verification**

55. Boeing points out that its authorization for AMSS operation in the
    14.0-14.5 GHz band was granted subject to a condition that required
    it to file, at least sixty days prior to commencing commercial
    operation, a report demonstrating with test data that its system
    would operate in compliance with the terms of the
    authorization.[^107] Boeing contends that any authorization for
    SKYLink operation granted prior to adoption of pertinent AMSS
    service rules should include a similar condition.[^108] In response,
    ARINC maintains that it was appropriate to include the verification
    condition in Boeing's 14 GHz authorization because the authorization
    was granted at a time when there was no international or domestic
    allocation for 14 GHz AMSS operation. ARINC contends that there is
    no need for such a condition now that the ITU and the Commission
    have both adopted secondary allocations for AMSS uplink transmission
    in the 14.0-14.5 GHz band.[^109]

56. Although the 14.0-14.5 GHz band is now allocated for AMSS, the fact
    remains that ARINC is requesting a grant of authority for SKYLink
    operation in advance of adoption of pertinent service rules.
    Moreover, ARINC's uplink interference analysis is partly based on
    predictive assumptions that may prove inconsistent, to some degree,
    with conditions encountered in full-scale commercial operation.
    Under these circumstances, we believe that it is appropriate to
    condition the SKYLink authorization on a requirement to submit proof
    of compliance with uplink performance specifications. We are not
    requiring submission of a further showing prior to commencement of
    commercial operation in this instance, because the SKYLink System
    has already commenced commercial operation under an experimental
    license. Data obtained after ARINC has had an opportunity to expand
    commercial operation pursuant to this authorization, moreover, would
    be more useful than data on operation to date on the limited basis
    previously allowed. The authorization granted herein is therefore
    conditioned on submission of a report one year after the
    release-date of this order demonstrating continuing compliance with
    the license restriction on aggregate earth-station e.i.r.p. density
    toward the geostationary-satellite orbital arc.

# IV. CONCLUSION

57. We find, pursuant to Section 309 of the Communications Act, 47
    U.S.C. § 309, that grant of authority for operation of the SKYLink
    System as conditioned herein will serve the public interest,
    convenience, and necessity.

# V. ORDERING CLAUSES

58. Accordingly, IT IS ORDERED that Application File No.
    SES-LIC-20030910-01261 and SES-AMD-20031223-01860 IS GRANTED and
    ARINC Incorporated IS AUTHORIZED to operate up to one thousand
    technically-identical transmit/receive mobile Earth stations aboard
    aircraft, operating with the AMC-1 satellite at the 103ºW.L. orbital
    location, in the 11.7-12.2 GHz and 14.0-14.5 GHz bands in the United
    States and in airspace above U.S. territorial waters, in accordance
    with the terms and specifications in its application and applicable
    rules of the Commission, except insofar as waived herein, and
    subject to the following conditions.

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a)  The SKYLink System shall operate in compliance with any pertinent
    rule requirements subsequently adopted by the Commission.

b)  SKYLink AES terminals will employ a tracking algorithm that is
    resistant to capturing and tracking adjacent satellite signals, and
    each AES terminal will be capable of inhibiting its own transmission
    in the event it detects unintended satellite tracking.

c)  SKYLink AES terminals will be monitored and controlled by a
    ground-based network control center. Each SKYLink AES terminal will
    be able to receive "enable transmission" and "disable transmission"
    commands from the network control center and will cease transmission
    immediately after receiving any "parameter change" command until it
    receives an "enable transmission" command from the network control
    center. The network control center will monitor operation of each
    SKYLink AES terminal to determine if it is malfunctioning, and each
    SKYLink AES terminal will self-monitor and automatically cease
    transmission on detecting an operational fault that could cause
    harmful interference to FSS networks.

d)  SKYLink operation in the 11.7-12.2 GHz band shall be in accordance
    with the space-station authorization for the AMC-1 satellite and
    shall not generate e.i.r.p. density greater than 7.96 dBW/4kHz.

e)  ARINC, as a non-conforming user, must accept interference from
    lawful operation of any station authorized to operate in the
    11.7-12.2 GHz band in accordance with the U.S. Table of Allocations
    (47 C.F.R. § 2.106) and shall immediately terminate SKYLink System
    operation upon notification that such operation is causing harmful
    interference, not permitted under the terms of a pertinent
    coordination agreement, with lawful operation of any radio system in
    the 11.7-12.2 GHz band authorized in conformance with the U.S. Table
    of Allocations.

f)  ARINC shall immediately terminate SKYLink System operation upon
    notification that such operation is causing harmful interference,
    not permitted under the terms of a pertinent coordination agreement,
    with lawful operation of any system in the 14.0-14.5 GHz band
    authorized on a primary basis in conformance with the U.S. Table of
    Allocations or authorized previously on a secondary basis.

g)  ARINC shall maintain a point of contact for discussing interference
    concerns with other licensees, NASA, and NSF, and 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*.

h)  ARINC shall not use the SKYLink System for air traffic control
    communications.

i)  ARINC shall comply with any pertinent limits established by the
    International Telecommunication Union ("ITU") to protect other
    services allocated internationally.

j)  Operation pursuant to this authorization shall conform to the
    requirements of ARINC's coordination agreements with NASA and the
    NSF and its coordination agreement with PanAmSat and SES Americom.

k)  ARINC shall manage uplink operation of the SKYLink System so that
    the probability that aggregate earth-station off-axis e.i.r.p.
    spectral density will exceed a one-dB margin below the levels
    specified in the table below is never more than 0.001 percent. To
    ensure continuing compliance with this requirement, ARINC shall
    monitor usage patterns and traffic flow so that it can detect and
    adjust for any material discrepancies from the predictive
    assumptions identified in the exhibit to its Reply to Supplemental
    Comments of The Boeing Company filed on June 3, 2004.

> Angle off-axis Maximum e.i.r.p. in any 4 kHz band
>
> 1.25º ≤ θ ≤ 7.0º 15 -25log~10~θ dBW
>
> 7.0° \< θ ≤ 9.2° -6 dBW
>
> 9.2° \< θ ≤ 48º 18 -25log~10~θ dBW
>
> θ \> 48º -24 dBW

l)  Twelve months after release of this order, ARINC shall submit
    evidence demonstrating compliance with the aggregate earth-station
    off-axis e.i.r.p. restriction specified in the preceding
    sub-paragraph. The showing shall reflect the most-recent available
    data and shall disclose any discrepancies between previous
    predictive assumptions and conditions actually encountered in
    commercial operation and explain what compensating adjustments have
    been made.

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59. IT IS FURTHER ORDERED that ARINC IS GRANTED a waiver of Section
    2.106 of the Commission's rules with respect to operation of the
    SKYLink System in the 11.7-12.2 GHz band consistent with the terms
    of this authorization.

60. ARINC may decline this authorization as conditioned within 30 days
    from the date of release of this *Order and Authorization*. Failure
    to respond within that period will constitute formal acceptance of
    the authorization as conditioned.

61. 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

Edmond J. Thomas

Chief, Office of Engineering and Technology

[^1]: Boeing Company Application for Blanket Authority to Operate Up to
    Eight Hundred Technically Identical 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*, 16 FCC Rcd 5864
    (Int'l Bur. and OET, 2001) ("*Boeing 12 GHz License Order*") and
    *Order and Authorization*, 16 FCC Rcd 22645 (Int'l Bur. and OET,
    2001) ("*Boeing 14 GHz License Order*").

[^2]: *Boeing 12 GHz License Order* at ¶¶ 9-10.

[^3]: Document 4A/278-E (26 September 2001).

[^4]: *Boeing 14 GHz License Order* at ¶13. The Bureau and OET also took
    note of favorable recommendations in other ITU-R working-party
    documents concerning compatibility with radionavigation, space
    research, Land Mobile Satellite Service, radio astronomy, and
    terrestrial fixed services in the 14 GHz band.

[^5]: *Id.* at ¶16. Boeing commenced providing broadband in-flight
    Internet, data, and entertainment service on international flights
    in 2004. *See* Boeing Press Release,
    <http://www.boeing.com/news/releases/2004/q2/nr_040511j.html> (May
    11, 2004).

[^6]: *See* File No. 0054-EX-PL-2001, modified by File No.
    0029-EX-ML-2003 and File No. 0029-EX-ML-2004 (Call Sign WC2XPE).

[^7]: File No. 0130-EX-RR-2004.

[^8]: Rec. ITU-R M.1643, Technical and operational requirements for
    aircraft Earth stations of aeronautical mobile-satellite service
    including those using fixed-satellite service network transponders
    in the band 14-14.5 GHz (Earth-to-space) (2003).

[^9]: Amendment of Parts 2, 25, and 87 of the Commission's Rules to
    Implement Decisions from the World Radiocommunications Conferences
    Concerning Frequency Bands Between 28 MHz and 36 GHz and to
    Otherwise Update the Rules in this Frequency Range, ET Docket No.
    02-305, *Report and Order*, 18 FCC Rcd 23426 at ¶76 (2003). The
    amendment deleted a proviso that had limited the scope of the Mobile
    Satellite Services allocation in the band in question by
    specifically excluding AMSS.

[^10]: Service Rules and Procedures to Govern the Use of Aeronautical
    Mobile Satellite Service Earth Stations in Frequency Bands Allocated
    to the Fixed Satellite Service, *Notice of Proposed Rulemaking*, IB
    Docket No. 05-20, FCC 05-14 (rel. Feb. 9, 2005).

[^11]: SES-AMD-20031223-0186, filed Dec. 23, 2003; letters with
    attachments from Carl R. Frank, counsel for ARINC, to the FCC
    Secretary dated June 3 and Sept. 30, 2004.

[^12]: ARINC uses the term "forward link" to refer to transmission from
    the hub earth station to an aircraft Earth station ("AES") via the
    SES satellite and "return link" to refer to transmission in the
    opposite direction.

[^13]: SKYLink Application, Exhibit 3 at 17.

[^14]: Response of ARINC Incorporated filed Nov. 28, 2003 ("ARINC
    Response"), at 10.

[^15]: Comments of The Boeing Company filed Nov. 14, 2003 ("Boeing
    Comments"), at 5-7; Further Comments of The Boeing Company filed
    Dec. 18, 2003 ("Boeing Further Comments"), at 7-12; Supplemental
    Comments of The Boeing Company filed May 21, 2004 ("Boeing
    Supplemental Comments"), at 8-12.

[^16]: Boeing Comments at 7; Boeing Supplemental Comments at 10.

[^17]: *See Boeing 14 GHz License Order* at ¶¶ 18 and 19(h)(3) and (4).

[^18]: The complete text of the following sentences is as follows:

    > AES must automatically cease transmission immediately on receiving
    > any 'parameter change' command, which may cause harmful
    > interference during the change, until it receives an 'enable
    > transmission' command from the NCMC. In addition, it should be
    > possible for the NCMC to monitor the operation of an AES to
    > determine if it is malfunctioning.

    Recommendation ITU-R M.1643, Annex 1, Part A, ¶4.

[^19]: *See* letter with attachments from Carl R. Frank to the FCC
    Secretary dated Sept. 30, 2004.

[^20]: *See* ¶20, *infra*.

[^21]: Reply to Supplemental Comments of the Boeing Company filed June
    3, 2004 ("ARINC Reply to Supplemental Comments"), at 8.

[^22]: *Ku-Band AMSS NPRM* at ¶40.

[^23]: 2000 Biennial Regulatory Review -- Streamlining and Other
    Revisions of Part 25 of the Commission's Rules Governing the
    Licensing of, and Spectrum Usage By, Satellite Network Earth
    Stations and Space Stations, *Fifth Report and Order in IB Docket
    No. 00-248 and Third Report and Order in CC Docket No. 86-496*, FCC
    05-63 (rel. March 15, 2005) ("*Fifth Report and Order in Docket
    00-248*"), Appendix B, ¶¶ 21-22 (amending 47 C.F.R. § 25.212 and
    adding 47 C.F.R. § 25.220).

[^24]: *See* ARINC Response at 11.

[^25]: Rec. ITU-R M.1643, Appendix 1, Part A, ¶1.

[^26]: Theta is the angle in degrees from the axis of the main lobe.

[^27]: Petition of Spacenet, Inc. for a Declaratory Ruling that Section
    25.134 of the Commission's Rules Permits VSAT Remote Stations in the
    Fixed Satellite Service to Use Network Access Schemes that Allow
    Statistically Infrequent Overlapping Transmissions of Short
    Duration, or, in the Alternative, for Rulemaking to Amend that
    Section, 15 FCC Rcd 23712 (Int'l Bur. 2000) ("*VSAT Blanket Waiver
    Order*").

[^28]: *Id.*, Appendix A.

[^29]: *Id.* at ¶12.

[^30]: 2000 Biennial Regulatory Review -- Streamlining and Other
    Revisions of Part 25 of the Commission's Rules Governing the
    Licensing of, and Spectrum Usage By, Satellite Network Earth
    Stations and Space Stations, *Further Notice of Proposed
    Rulemaking*, IB Docket No. 00-248, 17 FCC Rcd 21432 ¶85 (2002),
    *Sixth Report and Order and Third Further Notice of Proposed
    Rulemaking*, FCC 05-62 ¶¶ 103 and 136 (rel. March 15, 2005) ("*Sixth
    R&O and Third FNPRM"*).

[^31]: *Sixth R&O and Third FNPRM* at ¶119.

[^32]: *Id.* at ¶128.

[^33]: *Ku-Band AMSS NPRM* at ¶¶ 36-37. The Commission recently adopted
    analogous off-axis e.i.r.p. limits for Earth Stations on Vessels
    transmitting in the 14.0-14.5 GHz band. *Sixth R&O and Third FNPRM*,
    Appendix B at ¶5.

[^34]: SKYLink Application, Exhibit 3 at 44 (as amended).

[^35]: *Id.* at 45.

[^36]: *Id.* The estimate was based on assumptions pertaining to
    customer usage and geographic distribution of active terminals that
    were not specified in the application.

[^37]: *Id.* at 10, 45, and 46. *See also* ARINC Reply to Supplemental
    Comments, Exhibit 1 at 2.

[^38]: ARINC Reply to Supplemental Comments at 4. Monte Carlo simulation
    repeatedly generates random values for uncertain variables to
    predict a system's behavior.

[^39]: *Id.* at 4 and Exhibit 1 at 3-4.

[^40]: *Id.*, Exhibit 1 at 3.

[^41]: *Id.*, Exhibit 1 at 7.

[^42]: *Id.*, Exhibit 1 at 8. The formula that ARINC applied is **P**
    (EM) =![](media/image2.wmf){width="0.3194444444444444in"
    height="0.4722222222222222in"}**P** (EM\|
    k)![](media/image3.wmf){width="0.125in" height="0.125in"}**P** (k)}.

    P(EM) is the probability of exceeding the mask, N is the number of
    logged-in terminals, k the number of simultaneously-transmitting
    terminals, **P**(EM\| k) the probability of exceeding the mask given
    k simultaneous transmissions, and P(k) is the probability that k
    simultaneous transmissions occur with N logged-in AES terminals.

[^43]: Boeing Further Comments at 5; Technical Analysis filed as
    attachment to letter dated Sept. 30, 2004 to the FCC Secretary from
    Philip L. Malet and Carlos M. Nalda, Counsel to The Boeing Company
    ("Boeing 9/30/04 Technical Analysis"), at 2.

[^44]: ARINC Reply to Supplemental Comments, Exhibit 1 at 9; Response to
    Written Ex Parte filed Oct. 28, 2004 ("ARINC 10/28/04 Response") at
    7.

[^45]: Boeing 9/30/04 Technical Analysis at 9.

[^46]: ARINC 10/28/04 Response at 10.

[^47]: *Id.*

[^48]: Boeing 9/30/04 Technical Analysis at 4-5.

[^49]: *Id.* at 6.

[^50]: ARINC 10/28/04 Response at 7.

[^51]: Boeing 9/30/04 Technical Analysis at 7-12.

[^52]: The blanket waiver indirectly constrains the probability of
    exceeding the envelope by authorizing continued use of existing
    techniques. Based on information provided by the licensee of a VSAT
    system using an Aloha contention protocol, the Bureau determined
    that the system's aggregate off-axis E.I.R.P. when operating with
    38% channel loading would exceed the VSAT emission envelope by at
    least 3 dB for 4.9 percent of the time. *VSAT Blanket Waiver*,
    Appendix A, Sect. III.

[^53]: *See* SKYLink Application, Exhibit 3 at 46.

[^54]: In the event the Commission adopts less-restrictive off-axis
    e.i.r.p. limits for Ku-Band AMSS systems with random-access
    protocols, ARINC will be free to seek relaxation of license
    restrictions in an application for modification of license.

[^55]: Boeing Comments at 7; Boeing Further Comments at 13.

[^56]: *Id.*

[^57]: SKYLink Application, Exhibit 3 at 7.

[^58]: ARINC Response, Exhibit 1 at 3; ARINC Reply to Supplemental
    Comments, Exhibit 1 at 11-12

[^59]: The initial power level is the minimum necessary to close a link
    under clear-sky conditions at the best possible location in the link
    budget analysis. ARINC Reply to Supplemental Comments, Exhibit 1 at
    12.

[^60]: *Id*.

[^61]: *Id.* at 13.

[^62]: ARINC asserts that the SKYLink login protocol "ensures that the
    maximum authorized AES power level \[for login transmission\] is no
    greater than necessary to close the link to the hub earth station
    under adverse conditions from the worst location in the link budget
    analysis." *Id*. at 13. We construe this to mean that the maximum
    possible on-axis e.i.r.p. for log-in transmission is 27.76 dBW, as
    specified in ARINC's link budget for 32 kbps uplink transmission
    from AES terminals in the vicinity of Bangor, Maine. *See* SKYLink
    Application, Technical Description at 25. Hence, the authorization
    granted herein does not permit log-in transmission with on-axis
    e.i.r.p. above 27.76 dBW under any circumstances.

[^63]: ARINC Reply to Supplemental Comments, Exhibit 1 at 12.

[^64]: ARINC Response at 7 and Exhibit 1 at 3.

[^65]: SKYLink Application, Exhibit 3 at 8-11.

[^66]: ARINC Response, Exhibit 1 at 2.

[^67]: Boeing Further Comments at 13.

[^68]: Boeing Comments at 8; Boeing Further Comments at 14.

[^69]: ARINC Response at 9.

[^70]: ARINC Reply to Supplemental Comments at 13.

[^71]: *Id*.

[^72]: *Id.* at 13-14.

[^73]: Boeing Comments at 8. AES duty cycle is the percent of the time
    an AES is transmitting. *See* ARINC Reply to Supplemental Comments
    at 9, n.13.

[^74]: *See* ¶34, *supra*.

[^75]: ARINC Response at 7; ARINC Reply to Supplemental Comments,
    Exhibit 1 at 6 and 9.

[^76]: SKYLink Application, Exhibit 3 at 16.

[^77]: ARINC Response, Exhibit 1 at 4. ARINC asserted that a pointing
    error of 0.6 degrees in the geostationary arc would increase
    e.i.r.p. toward an adjacent satellite by only one dB. *Id.*

[^78]: Boeing Further Comments at 14.

[^79]: ARINC 10/28/04 Response at 9.

[^80]: *Id*. *See* ARINC Reply to Supplemental Comments, Exhibit 1,
    Table 1.

[^81]: SKYLink Application, Exhibit 3 at 9.

[^82]: ARINC Reply to Supplemental Comments, Exhibit 1, Table 1.

[^83]: Boeing 9/30/04 Technical Analysis at 8.

[^84]: ARINC 10/28/04 Response at 9-10.

[^85]: *Id.* at 10.

[^86]: *See* SKYLink Application, Exhibit 3 at 8.

[^87]: *See* SKYLink Application, Exhibit 3 at 24-41.

[^88]: Boeing Comments at 10, n.31.

[^89]: Response of ARINC, Nov. 28, 2003, Exhibit-1 at 4.

[^90]: Boeing Supplemental Comments at 16.

[^91]: ARINC Reply to Supplemental Comments, Exhibit 1 at 4.

[^92]: ARINC Response, Exhibit 1 at 4-5.

[^93]: Boeing Further Comments at 18-19.

[^94]: *Id.* at 19.

[^95]: ARINC Response, Exhibit 1 at 4; ARINC Reply to Supplemental
    Comments, Exhibit 1 at 14-15; ARINC 10/28/04 Response at 10-13.
    ARINC asserted that the e.i.r.p. density of SKYLink hub transmission
    would be 30 dB below the VSAT envelope at two degrees off-axis.
    ARINC Reply to Supplemental Comments, Exhibit 1 at 15.

[^96]: Boeing 9/30/04 Technical Analysis at 11.

[^97]: *See* 47 C.F.R. § 2.106.

[^98]: *See Ku-Band AMSS NPRM* at ¶22.

[^99]: *Ku-Band AMSS NPRM* at ¶¶ 23 and 28.

[^100]: Letter with attachments from Carl R. Frank to the FCC Secretary
    dated Sept. 30, 2004.

[^101]: We note that ARINC's coordination agreement with the NSF
    includes a statement that the FCC has "accepted and implemented" the
    restrictions proposed in Recommendation ITU-R M.1643, Annex 1, Part
    C for protection of radio-astronomy observation in the 14.47-14.5
    GHz band. The statement is incorrect. Although the International
    Bureau has inserted conditions in AMSS authorizations, including the
    authorization granted by this order, based on ITU-R M.1643 and
    preceding preliminary draft recommendations, the Commission has not
    "accepted and implemented" Annex 1, Part C of the Recommendation.
    Rather, the Commission has proposed adoption of a rule that would
    require coordination with the NTIA regarding impact on
    radio-astronomy observation in the 14.47-14.5 GHz band as a
    prerequisite for licensing 14 GHz AMSS operation. *See Ku-Band AMSS
    NPRM* at ¶28. The Commission is not a party to the ARINC/NSF
    agreement. Our action in this order is without prejudice to action
    by the Commission in the pending Ku-Band AMSS rulemaking.

[^102]: *See* 47 CFR § 2.106 and Procedures to Govern the Use of
    Satellite Earth Stations on Board Vessels in the 5925-6425
    MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands, IB
    Docket No. 02-10, *Report and Order*, FCC 04-286 (rel. Jan. 6, 2005)
    at ¶79.

[^103]: *See* 47 CFR § 2.102(a).

[^104]: *Boeing 12 GHz License Order* at ¶10.

[^105]: *See Fifth Report and Order in Docket 00-248* at ¶¶ 93-95.

[^106]: SKYLink Application, Exhibit 3 at 19.

[^107]: *See Boeing 14 GHz License Order* at ¶19(h)(5).

[^108]: Boeing Comments at 14; Boeing Further Comments at 20-21; Letter
    from Philip L. Malet and Carlos M. Nalda, Counsel to The Boeing
    Company, to the FCC Secretary dated Sept. 30, 2004, at 2.

[^109]: Letter dated Oct. 28, 2004 from Carl R. Frank, Counsel for
    ARINC, to the FCC Secretary dated Oct. 28, 2004, at 7-8.