**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No.                     |
|                                  | *) | SES-LIC-20051028-01494       |
| ViaSat, Inc.                     | ** |                              |
|                                  |    | SES-AMD-20060314-00440       |
| Application for Blanket          | *  |                              |
| Authority for Operation of 1,000 | *) | SES-AMD-20070309-00325       |
| Technically Identical Ku-Band    | ** |                              |
| Aircraft Earth Stations in the   |    | Call Sign : E050318          |
| United States and Over           | *  |                              |
| Territorial Waters               | *) |                              |
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**ORDER AND AUTHORIZATION**

**Adopted: November 19, 2007 Released: November 20, 2007**

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

# INTRODUCTION

1.  With this order, we grant ViaSat, Inc. blanket authority for
    domestic operation of up to 1,000 technically identical
    transmit/receive earth stations aboard commercial aircraft. These
    earth stations will provide Aeronautical Mobile Satellite Service
    ("AMSS"), using the standard Ku-band frequency ranges 14.0-14.5 GHz
    (Earth-to-space) and 11.7-12.2 GHz (space-to-Earth), to link with
    leased transponders aboard the AMC-6 satellite operating at the 72º
    West Longitude orbital location. The ViaSat aircraft earth stations
    will provide two-way broadband communications for passengers and
    aircrew members aboard commercial airliners and private business
    jets, with access to email, the Internet, and corporate virtual
    networks. Implementation of the ViaSat AMSS system pursuant to this
    authorization will enhance competition in an important sector of the
    mobile telecommunications market in the United States.

# BACKGROUND

## Preceding Developments Pertaining to 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 in the 11.7-12.2 GHz and 14.0-14.5 GHz bands. At that time
    there was no allocation for mobile-satellite service in those
    bands.[^1]

3.  The 2003 World Radiocommunication 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 International Telecommunication
    Union's Radiocommunication Sector adopted ITU-R M.1643, which sets
    forth detailed recommendations pertaining to operation of AMSS
    aircraft terminals in the 14 GHz band,[^2] including recommended
    interference-avoidance requirements that are essentially identical
    to conditions previously imposed in the *Boeing 14 GHz License
    Order*.

4.  In November 2003 the Commission accordingly amended the U.S. Table
    of Frequency Allocations to add a secondary Earth-to-space AMSS
    allocation in the 14.0-14.5 GHz band.[^3] Further, in a Notice of
    Proposed Rulemaking released in February 2005 ("*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 operation.[^4] At present, however,
    there are no Commission service rules for 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.

5.  In April 2005, the Bureau granted another operator, ARINC, a blanket
    license for operation of AMSS terminals in the standard Ku Band for
    communication via leased transponders on an existing satellite.[^5]

## ViaSat's Application

6.  ViaSat filed its application on October 28, 2005. The application
    was found acceptable for filing in a public notice issued in
    February 2006.[^6] No petitions or comments were filed in opposition
    to the application.

7.  ViaSat's planned AMSS system, which the applicant refers to by the
    tradename "Arclight," is designed to provide two-way broadband data
    communications via satellite radio links between aircraft earth
    stations ("AES's" or "AES terminals") and a Ground Earth Station
    ("GES") and Network Operations Center ("NOC"). ViaSat proposes to
    use a previously-licensed GES located in Carlsbad, California for
    this purpose, which ViaSat currently operates to support ARINC's
    "SkyLink" AMSS system. The Arclight AMSS NOC would be co-located
    with the GES.

8.  Arclight AES terminals, which have been certified by the Federal
    Aviation Administration,[^7] are comprised of three major
    sub-assemblies: an Airborne Integrated Transceiver Router (AITR), an
    Antenna Control Unit (ACU) and a Tail-Mount Antenna Subsystem
    (TMASS). The AITR performs multiple functions, which include packet
    routing at the local area network interface, IP data encapsulation
    and recovery, downlink demodulation and decoding, uplink encoding
    and burst modulation, implementation of power and frequency control
    algorithms, network communications with the NOC, and control of the
    TMASS via the ACU. The main component of the TMASS is a steerable
    0.2921 meter (11.5 inch) parabolic reflector antenna, which can
    rotate in 3 axes and can receive in the 11.7-12.2 GHz band while
    simultaneously transmitting in the 14.0-14.5 GHz band. The ACU uses
    data received from the aircraft inertial navigation system to
    continuously control the AES antenna so that it points at the target
    satellite as the aircraft executes flight maneuvers, with total root
    mean square pointing error of less than 0.1° in normal operation.
    Any aircraft maneuver or navigational failure that prevents the
    antenna from properly pointing to the target satellite will disrupt
    the received signal, with resultant shut down of the AES transmitter
    within one second by on-board fault management controls designed to
    stop transmission in the event of AES hardware failure or
    out-of-tolerance operation.[^8]

9.  To establish a connection, an Arclight AES must initiate a login
    sequence after processing a periodically-transmitted configuration
    message from the NOC via the assigned satellite transponder. After
    processing the configuration message, the AES transmits a login
    burst lasting approximately 16 milliseconds at a low power level. If
    no response is received from the NOC, the AES transmits successive
    login bursts at 10-second intervals, incrementally increasing power
    in 1-decibel steps up to a preconfigured maximum. If no response is
    received after attempting login at the maximum power level, the AES
    continues login attempts in a different frequency channel, starting
    at the lowest power level again.[^9] Arclight AES terminals that are
    logged in transmit data in bursts at random time intervals, using a
    Code Division Multiple Access "Aloha" contention access protocol and
    Direct Sequence Spread Spectrum modulation with forward error
    control.[^10] The power of the data transmissions from a logged-in
    AES terminal is dynamically controlled by the NOC, using a
    closed-loop algorithm that takes into account the E~b~/N~o~ ratio
    (energy per bit divided by noise density) of data transmissions
    received by the GES and the aircraft's location in relation to the
    gain/noise-temperature contour of the satellite antenna.[^11] The
    NOC also controls AES transmitter duty cycles and data-transmission
    rates, which can vary from 32 kbps to 512 kbps, and corrects
    frequency errors in AES transmissions.[^12]

# discussion

## Prevention of Interference in the 14.0-14.5 GHz Band

### Off-Axis equivalent isotropically radiated power (e.i.r.p.) Density

10. An earth station antenna's off-axis radiation, radiation in
    directions other than along the antenna's boresight, can interfere
    with a satellite adjacent to the earth station's target satellite.
    In the interest of minimizing such interference, Recommendation
    ITU-R M.1643 states that an AMSS system that uses the 14.0-14.5 GHz
    band for AES uplink transmission should be operated in such a manner
    that the aggregate off-axis e.i.r.p. density produced by
    simultaneously transmitting AES terminals in the network do not
    exceed "the levels that have been published and coordinated for the
    specific and/or typical earth station(s) pertaining to FSS networks
    ...."[^13]

11. Although not directly applicable to AESs, the Commission's rules for
    Fixed-Satellite Service (FSS) earth stations provide guidance as to
    the technical criteria for evaluating AESs' off-axis e.i.r.p.
    density. Under the Commission's rules, authority for operation of a
    single FSS earth station to provide digital services in the
    14.0-14.5 GHz uplink band can be routinely granted without
    coordination if the station's antenna equivalent diameter is 1.2
    meters or more and the spectral density of the input power to the
    antenna will not exceed -14 dBW/4kHz.[^14] The minimum
    antenna-diameter criterion effectively limits eligibility for
    routine licensing to applications specifying antennas with gain
    patterns consistent with the off-axis gain limits set forth in
    Section 25.209 of the Commission's rules.[^15] A fixed earth station
    with an antenna too small to meet the off-axis gain limits in
    Section 25.209 can be licensed pursuant to criteria prescribed in
    Section 25.220(c).[^16] Paragraph (1) of Section 25.220(c) provides
    that authority for such a non-conforming earth station may be
    granted if the applicant proposes to limit the maximum power density
    of the signal input into the earth station's antenna to a level
    determined by reducing the maximum permissible input power density
    for a routinely-licensed station by the number of decibels that the
    non-compliant antenna exceeds the applicable gain limits in Section
    25.209.[^17] Alternatively, Section 25.220(c), Paragraph (2),
    provides that authority for operation of a non-conforming Ku-band
    earth station that does not meet the input-power limit prescribed in
    Paragraph (1) may be granted if, *inter alia*, the applicant files a
    statement from the operator of the target satellite certifying that
    it has coordinated the proposed operation of the non-conforming
    earth station with the operators of all adjacent GSO satellites
    within six degrees of separation.[^18]

12. In combination, the off-axis gain limits in Section 25.209 and the
    input power-density limit of -14 dBW/4kHz specified in Section
    25.212(c) effectively define the following maximum levels of
    permissible off-axis e.i.r.p. density toward the
    geostationary-satellite-orbit arc from a single routinely-licensed
    FSS earth station transmitting digitally modulated signals in the
    14.0-14.5 GHz band:[^19]

> Angle off-axis Maximum e.i.r.p. density in any 4 kHz band
>
> 1.0º ≤ Theta ≤ 7.0º[^20] 15 -25log~10~Theta dBW
>
> 7.0° \< Theta ≤ 9.2° -6 dBW
>
> 9.2° \< Theta ≤ 48º 18 -25log~10~Theta dBW
>
> Theta \> 48º -24 dBW
>
> where Theta is the angle in degrees from the axis of the main
> lobe.[^21] The Commission has proposed to adopt a rule that would
> require each AES terminal in a Ku-band AMSS system to comply with
> these off-axis e.i.r.p. limits (which we will refer to hereafter as
> "the routine-licensing off-axis radiation envelope").[^22]

13. ViaSat acknowledges that the antenna it proposes to incorporate in
    the Arclight AES terminals is incapable, due to its small diameter,
    of meeting the off-axis gain limits for routinely-licensed FSS earth
    stations in Section 25.209.[^23] Taking into account the measured
    gain pattern of the Arclight AES antenna,[^24] it can be determined
    by calculation that the off-axis e.i.r.p. density radiated from a
    single Arclight AES terminal toward the geostationary orbital arc
    will not exceed the routine-licensing off-axis radiation envelope,
    provided that the maximum power density of the antenna input is
    limited to -24.25 dBW/4kHz. This power-density level is 10.25 dB
    below the limit for routinely-licensed Ku-band FSS earth stations
    transmitting digitally modulated signals. ViaSat indicates in the
    Arclight AMSS application that the power density of the input into
    an Arclight AES antenna will not exceed -29.08 dBW/4kHz.[^25] Thus,
    it appears that the off-axis e.i.r.p. density toward the
    geostationary orbital arc generated by a single Arclight AES
    terminal will always be well below the routine-licensing off-axis
    radiation envelope.

14. As we have noted, however, ViaSat proposes to use access protocols
    that could allow multiple AES terminals to transmit in the same
    frequency channel at the same time.[^26] When an applicant requests
    blanket authority for Ku-band earth stations to operate in a network
    with an access protocol that could allow such simultaneous
    co-frequency AES transmissions, it is necessary to take into account
    the combined off-axis radiation from simultaneously operating
    terminals as well as the levels of off-axis radiation that a single
    terminal can generate to determine the aggregate e.i.r.p. density of
    the AES transmissions.[^27] ViaSat initially proposed to allow
    aggregate off-axis e.i.r.p. density toward the geostationary arc
    from simultaneously-transmitting Arclight AES terminals to exceed
    the routine-licensing envelope for brief time periods.[^28] By
    amendment filed on March 9, 2007, however, ViaSat withdrew this
    proposal.[^29] Rather, ViaSat now proposes to keep aggregate
    off-axis e.i.r.p. density from AES operation within the
    routine-licensing envelope all of the time. ViaSat asserts that the
    Arclight NOC would keep aggregate off-axis radiation within the
    envelope by dynamically controlling the input power of individual
    AES terminals, monitoring and controlling the number of AES
    terminals accessing the network, and limiting the number of data
    bursts AES terminals may send when the average number of
    simultaneous transmissions exceeds a threshold determined by
    statistical algorithms.[^30]

15. ViaSat has filed a copy of a coordination letter signed by SES
    Americom, the licensed operator of the AMC-6 satellite. In the
    letter, SES states its understanding that ViaSat will operate the
    Arclight AMSS system in such a way that aggregate off-axis e.i.r.p.
    from Arclight AES terminals will "always \[be\] equal to or less
    than that of routinely authorized VSAT \[Very Small Aperture
    Terminal\]" remote stations. In other words, the aggregate off-axis
    e.i.r.p. will always be within the routine-licensing off-axis
    radiation envelope. Further, AES operations would be consistent with
    coordination agreements between SES and operators of adjacent
    satellites.[^31] The off-axis radiation limits that ViaSat proposes
    are acceptable to PanAmSat, the operator of the only co-frequency
    satellite within six degrees of the AMC-6 satellite. We conclude
    that it would serve the public interest to authorize Arclight
    operation within those limits, subject to the conditions imposed in
    this order and any additional requirements imposed in the pending
    *Ku-Band AMSS* rulemaking. In the event another co-frequency FSS
    satellite commences operation at a location within six degrees of
    the target satellite, ViaSat shall confine aggregate off-axis
    radiation to a level one dB below the routine-processing limits,
    pending coordination with the operator of the new satellite.[^32]
    Both previous recipients of license authority for Ku-band AMSS
    operation voluntarily proposed to keep off-axis radiation from
    single terminals within a one-dB margin below the routine-processing
    limits and to keep aggregate off-axis radiation within that margin
    for all but a small fraction of the time.[^33] In view of the fact
    that ViaSat is proposing to operate with random-access protocols
    that would allow simultaneous operation by multiple terminals, we
    think it is reasonable to require ViaSat to meet a similar
    restriction during any period of time when its AMSS operation has
    not been coordinated with respect to an operational co-frequency
    satellite within six degrees of the target satellite. We believe
    this requirement will minimize the possibility of unacceptable
    interference to other licensed operations.

### Related Requirements Based on ITU-R M.1643

16. In addition to proposing off-axis e.i.r.p. limits for Ku-band AMSS
    systems, the Commission proposed several other technical
    requirements in the *Ku-Band AMSS NPRM* based on recommendations in
    ITU-R M.1643 to minimize risk of harmful interference with
    co-channel FSS systems. Specifically, the Commission proposed to
    adopt the following requirements pertaining to operation of Ku-band
    AES terminals: maintaining pointing accuracy within 0.2 degrees; use
    of tracking algorithms that are resistant to capturing signals from
    adjacent satellites; immediate cessation of transmission upon
    detection of unintended satellite tracking; operational control by
    an NOC located in the United States that can detect AES malfunctions
    and send "enable transmission" and "disable transmission" commands
    to the AES terminals; automatic cessation of AES transmission upon
    receipt of a parameter-change command pending receipt of an
    enable-transmission signal from the NOC; and on-board fault
    detection with automatic shutdown upon detection of a fault that
    could result in harmful interference.[^34] Based on review of the
    subject application, we conclude that operation of the Arclight AMSS
    system would satisfy these proposed requirements.

### Protection of Space Research Service and Radio Astronomy

17. The 14.0-14.2 GHz band is domestically allocated for
    secondary-status Federal-government operation in the Space Research
    Service ("SRS").[^35] The National Aeronautics and Space
    Administration ("NASA") currently operates SRS Tracking and Data
    Relay Satellite System ("TDRSS") stations in White Sands, New
    Mexico, and Guam that receive signals from geostationary satellites
    in the 14.0-14.05 GHz segment of the SRS band. NASA plans to
    establish an additional 14 GHz TDRSS station near Blossom Point,
    Maryland. ITU-R M.1643 recommends that Ku-band AMSS systems be
    coordinated with SRS operation by limiting AES emission levels, or
    terminating AES operation, in the vicinity of SRS earth
    stations.[^36] The Commission has proposed to require Ku-band AMSS
    applicants to resolve concerns regarding interference with SRS
    operation through coordination.[^37]

18. When it filed the Arclight AMSS blanket license application, ViaSat
    included a copy of a coordination agreement signed in October 2005
    by representatives of ViaSat and NASA.[^38] Under the terms of the
    agreement, ViaSat must terminate transmissions from any Arclight AES
    that would exceed defined interference thresholds when the AES is
    within line of sight of a TDRSS earth station, including any such
    TDRSS station that commences operation in the future.

19. 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 the 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.[^39] ITU-R M.1643 recommends that AES terminals cease
    transmission in the 14.47-14.5 GHz band and meet power flux density
    ("PFD") limits in the 14.0-14.47 GHz band when within line of sight
    of radio astronomy stations observing in the 14.47-14.5 GHz
    band.[^40] The Commission has proposed to require Ku-band AMSS
    applicants to resolve concerns regarding interference with such
    radio-astronomy observation stations through coordination.[^41]

20. ViaSat states in its blanket license application that Arclight AES
    terminals will cease transmission on frequencies above 14.44 GHz
    when within line of sight of a radio astronomy station during
    periods of scheduled radio astronomy observation in the 14.47-14.5
    GHz band. ViaSat also states in the application that radiation in
    the 14.0-14.47 GHz band from Arclight AES terminals within line of
    sight of radio astronomy stations during such periods of observation
    will not exceed the power flux density limits specified in ITU-R
    M.1643: --190 + 0.5 · θ dB(W/(m^2^ · 150 kHz)) for θ ≤ 10° and --185
    dB(W/(m^2^ · 150 kHz)) for 10° \< θ ≤ 90°, where θ is the angle of
    arrival of the radio frequency wave above the horizontal.[^42]
    Further, ViaSat filed a copy of a coordination agreement with the
    NSF, executed in April 2006, in which ViaSat agreed to meet
    specified limits on aggregate PFD in the 14.47-14.5 GHz band at
    various listed radio astronomy sites during periods of observation
    in that band.[^43]

21. The authorization granted in this order is subject to conditions
    requiring compliance with the coordination agreements with NASA and
    the NSF as well as any additional requirements that the Commission
    adopts in the Ku-Band AMSS rulemaking proceeding with respect to
    protection of Federal-government operations in the 14.0-14.5 GHz
    band.

### Protection of Terrestrial Radio Services

22. ITU-R M.1643 recommends adoption of PFD limits on emissions from AES
    terminals in the 14.0-14.5 GHz band when they are within line of
    sight of any territory where fixed terrestrial networks are in
    operation.[^44] The 14.2-14.4 GHz band is domestically allocated on
    a secondary basis for grandfathered operation of land mobile
    stations licensed prior to March 2, 2005.[^45] The 14.4-14.5 GHz
    band is allocated on a secondary basis for governmental fixed and
    mobile services.[^46]

23. ViaSat asserts in its blanket-license application that there are no
    terrestrial radio services licensed for operation in North America
    in the 14.0-14.5 GHz band that would receive interference from
    operation of Arclight AES terminals. According to ViaSat, it is
    highly unlikely that AES terminals that transmit only when locked
    onto a geostationary target satellite would ever transmit in the
    direction of a ground-based radio station within the latitudes of
    the continental United States. Nevertheless, ViaSat states that
    Arclight AES terminals in aircraft at altitudes of 5,000 feet or
    higher will operate in compliance with the recommended PFD limits
    specified in ITU-R M.1643 when their antennas are pointed at an
    angle of 15 degrees above horizontal. According to ViaSat, this
    scenario is the worst case possible for Arclight AES operations in
    continental-US airspace.[^47] Based on ViaSat's representation, it
    appears that the PFD from Arclight AES terminals will always be
    within the limits specified in M.1643. We do not authorize Arclight
    AES operation with PFD in excess of those limits.

## Downlink Transmission in the 11.7-12.2 GHz Band

24. The 11.7-12.2 GHz band is domestically allocated on a primary basis
    for FSS downlink transmission, including downlink transmission to
    earth stations on vessels,[^48] and is allocated on a secondary
    basis for operation of grandfathered terrestrial radio
    stations.[^49] The Commission has proposed to add an allocation for
    AMSS downlinks in the 11.7-12.2 GHz band,[^50] but there is no AMSS
    allocation in the band at the present time. Hence, ViaSat requests a
    waiver to permit operations in the 11.7-12.2 GHz band on a
    non-interference, non-protected basis.[^51]

25. Section 25.134(g)(2) of the Commission's rules specifies a limit of
    10 dBW/4kHz on the e.i.r.p. density of digital satellite
    transmissions in the 11.7-12.2 GHz band for routinely-licensed VSAT
    systems.[^52] An applicant proposing to operate with satellite
    carrier e.i.r.p. density above 10 dBW/4kHz must file, in its
    application, a statement from the target satellite operator
    attesting that it has coordinated such proposed operation with the
    operators of other geostationary satellites within 6 degrees of
    orbital separation.[^53] ViaSat indicates in its application that
    the e.i.r.p. density of Arclight AMSS downlink transmissions in the
    11.7-12.2 GHz band will not exceed 9.82 dBW/4kHz.[^54] Moreover,
    SES, the target satellite operator, and PanAmSat, which operates the
    only co-frequency satellite within six longitudinal degrees, have
    certified that the proposed downlink operation would be consistent
    with the terms of the coordination agreements reached by the
    affected operators.[^55]

26. The Commission has previously granted authority to Boeing and ARINC
    for use of the 11.7-12.2 GHz band for AMSS downlink transmission
    from existing FSS satellites, based on a showing that the 10
    dBW/4kHz limit would not be exceeded or proof of consent by adjacent
    satellite operators.[^56] Consistent with these precedents, we
    conclude that a waiver is warranted to allow ViaSat to use the
    11.7-12.2 GHz band for AMSS downlinks on a non-interference,
    non-protected basis.

# CONCLUSION

27. We find, pursuant to Section 309 of the Communications Act, 47
    U.S.C. § 309, that grant of blanket authority for ViaSat to operate
    its proposed Arclight AMSS system, as conditioned herein, will serve
    the public interest, convenience, and necessity.

# ORDERING CLAUSES

28. Accordingly, IT IS ORDERED that ViaSat, Inc.'s application, File
    Nos. SES-LIC-20051028-01494, as amended by File
    Nos.SES-AMD-20060314-00440 and SES-AMD-20070309-00325, IS GRANTED to
    the extent indicated herein, and ViaSat, Inc. IS AUTHORIZED to
    operate up to 1,000 technically-identical transmit/receive mobile
    earth stations aboard aircraft operating with the AMC-6 satellite at
    orbital location 72° W.L., in the 11.7-12.2 GHz and 14.0-14.5 GHz
    frequency bands in the continental United States and over its
    territorial waters, consistent with the specifications in the
    application and in compliance with the Commission's rules, except
    insofar as waived herein, and subject to the following conditions.

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a)  The Arclight AMSS system must operate in compliance with any rule
    requirements subsequently adopted by the Commission.

b)  The Arclight AMSS system must accept interference from lawful
    operation of any station in the 11.7-12.2 GHz band in accordance
    with the U.S. Table of Frequency Allocations (47 C.F.R. § 2.106) and
    shall immediately terminate 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 in conformance with
    the U.S. Table of Frequency Allocations.

c)  Arclight AMSS operation shall immediately terminate upon
    notification that such operation is causing harmful interference,
    not permitted under the terms of pertinent coordination agreements,
    with (1) lawful operation of any radio system in the 14.0-14.5 GHz
    band authorized on a primary basis in conformance with the U.S.
    Table of Frequency Allocations or authorized on a secondary basis
    prior to the effective date of this order, or (2) operation of any
    TDRSS earth station in the band 14-14.2 GHz, or (3) radio astronomy
    observations in the 14.47-14.5 GHz band.

d)  The Arclight AMSS licensee shall maintain a point of contact for
    discussing interference concerns with other licensees and U.S.
    Government agencies and shall submit a letter to be included in its
    license file with the name and telephone number of the contact prior
    to commencing operation*.*

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

f)  Arclight AES terminals must be monitored and controlled by a
    ground-based network control and monitoring center. Each Arclight
    AES terminal must be able to receive "enable transmission" and
    disable transmission" commands from the network control center and
    must 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 Arclight AES terminal to determine if it
    is malfunctioning, and each Arclight AES terminal will self-monitor
    and automatically cease transmission on detecting an operational
    fault that could cause harmful interference to the fixed satellite
    service network.

g)  Arclight AMSS operation in the 11.7-12.2 GHz band shall be in
    accordance with the space station authorization for the AMC-6
    satellite.

h)  The Arclight AMSS system shall not be used to provide air traffic
    control communications.

i)  The Arclight AMSS system shall operate in compliance with any 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 ViaSat's coordination agreements with NASA and NSF
    as well as its coordination agreement with SES Americom and
    PanAmSat.

k)  The licensee shall notify the Commission of the date when commercial
    operation of the Arclight AMSS system commences. 12 months after
    commencing commercial operation, the licensee shall file a report on
    the system's aggregate off-axis radiation performance since the
    commencement of commercial operation, based on the most recent
    available data and taking into account all relevant variables,
    including the following:

> mispointing of AES antennas due to bias, latency, tracking error, and
> misalignment between transmit and receive apertures;
>
> variation in AES antenna gain patterns due to manufacturing
> tolerances, aging, environmental effects, scan angle variation,
> element phase error, amplitude error, and failure rate;
>
> variations in AES transmit e.i.r.p. due to measurement error, control
> error, and latency affecting closed-loop power control.[^57]

l)  In the event that another co-frequency FSS satellite commences
    operation at a location within six degrees of the target satellite,
    ViaSat must reduce aggregate off-axis radiation from Arclight AES
    terminals to levels one dB below the routine-processing envelope,
    pending demonstration of coordination with the operator of the new
    satellite.

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29. IT IS FURTHER ORDERED that Section 2.102 of the Commission's rules
    IS WAIVED with respect to operation of the Arclight AMSS network in
    the 11.7-12.2 GHz downlink band consistent with the terms of this
    authorization.

30. ViaSat 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.

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

> FEDERAL COMMUNICATIONS COMMISION
>
> Helen Domenici
>
> Chief, International Bureau
>
> Julius Knapp
>
> Chief, Office of Engineering and Technology

#  {#section .unnumbered}

[^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*"); *Order
    and Authorization*, 16 FCC Rcd 22645 (Int'l Bur. and OET, 2001)
    ("*Boeing 14 GHz License Order*").

[^2]: 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).

[^3]: *Amendment of Parts 2, 25, and 87 of the Commission's Rules to
    Implement Decisions from the World Radiocommunication Conferences
    Concerning Frequency Bands Between 28 MHz and 36 GHz and to
    Otherwise Update the Rules in this Frequency Range*, *Report and
    Order*, ET Docket No. 02-305, 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.

[^4]: *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, 20 FCC Rcd 2906 (2005).

[^5]: *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*, 20 FCC Rcd 7553 (2005)
    ("*ARINC AMSS License Order* ").

[^6]: Report No. SES-00790, Satellite Radio Applications Accepted for
    Filing (Feb. 1, 2006).

[^7]: ViaSat Arclight AMSS Application, SES-LIC-20051028-01494, as
    amended by SES-AMD-20060314-00440 ("Arclight AMSS Application"),
    Exhibit 2 at § 2.2.1.

[^8]: Arclight AMSS Application, Exhibit 2 at §§ 2.2.1, 2.2.1.1,
    2.2.1.2, and 2.2.1.3

[^9]: Arclight AMSS Application, Exhibit 2 at § 2.4.2.1

[^10]: Arclight AMSS Application, Exhibit 2 at §§ 3.1.2.2 and 3.2.1.

[^11]: Arclight AMSS Application, Exhibit 2 at § 2.4.4. ViaSat adds that
    these parameters will be used to estimate the on-axis equivalent
    isotropically radiated power (e.i.r.p.) of AES data transmissions.
    *Id*.

[^12]: Arclight AMSS Application, Exhibit 2 at §§ 2.4.4, 2.4.5, and
    2.4.6.

[^13]: Rec. ITU-R M.1643, Annex 1, Part A, ¶1.

[^14]: 47 CFR § 25.212(c). To be eligible for routine processing, an
    application for a digital Ku-band earth station must also specify a
    maximum downlink e.i.r.p. density no greater than 10 dBW/4kHz. *See*
    47 CFR § 25.134(g)(2) and *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, Sixth Report and Order,
    Fifth Report and Order*, IB Docket No. 00-248, 20 FCC Rcd 5666
    (2005) at ¶99.

[^15]: The Commission has determined that gain at off-axis angles of
    1.25 degrees or more in the geostationary-satellite orbital plane
    from a Ku-band earth station with a 1.2-meter transmitting antenna
    will not exceed the levels specified in Section 25.209(a), 47 CFR §
    25.209(a). *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, Sixth Report and Order and Third
    Further Notice of Proposed Rulemaking*, IB Docket No. 00-248, 20 FCC
    Rcd 5593 (2005) ("*Sixth Report and Order and Third FNPRM*") at ¶11
    and n.27. Also see 47 CFR § 25.209(g) (gain limits for
    routinely-licensed Ku-band antennas with diameters of 1.2 meters or
    more apply at off-axis angles of 1.25 degrees or more).

[^16]: *See* 47 CFR §§ 25.209, 25.220(c).

[^17]: *Id*.

[^18]: 47 CFR § 25.220(c).

[^19]: *See* 47 CFR §§ 25.209, 25.212(c).

[^20]: For Ku-band earth stations with antennas between 1.2 meters and 5
    meters in diameter, the 15 - 25log~10~θ dBW limit applies at angles
    above 1.25 degrees rather than at angles above 1.0 degree. *See* 47
    CFR § 25.209(g).

[^21]: Moreover, the Commission has adopted these limits in its rules
    pertaining to operation of Ku-band earth stations on vessels. *See*
    47 CFR § 25.222(a)(1).

[^22]: *Ku-Band AMSS NPRM* at ¶36.

[^23]: Arclight AMSS Application, Exhibit 2 at § 5.2.1.1.

[^24]: *See* Arclight AMSS Application, Exhibit 2 at § 3.1.2.2, and
    letter with attachments dated Jan. 23, 2006 to the FCC Secretary
    from Elizabeth R. Park, Counsel to ViaSat.

[^25]: *See* Arclight AMSS Application, Exhibit 2 at § 3.2.2, specifying
    that the spectral density of the aggregate (two-frequency) return
    links will be approximately 15 dB-PSD below the level required at
    the authorized bandwidth.

[^26]: *See* ¶ 9, *supra*.

[^27]: *See*, *e.g.*, 47 CFR § 25.222(a)(1).

[^28]: Arclight AMSS Application, Exhibit 2 at § 1.1.2.

[^29]: SES-AMD-20070309-00325.

[^30]: *Id.* at § 5.2.1.2.

[^31]: Letter dated April 19, 2006 "To Whom It May Concern" from Krish
    Jonnalagadda, Manager of Satellite Marketing Development for SES
    Americom, Inc., and Daryl T. Hunter. P.E., Senior Systems Engineer
    for ViaSat, Inc., endorsed by Mohammad Marashi, Vice President of
    Customer Support Engineering for PanAmSat Corporation.

[^32]: ViaSat may be subject to a different set of operating
    requirements due to adoption of applicable rules or policies in the
    *Ku-band AMSS* rulemaking.

[^33]: *See ARINC AMSS License Order* at ¶¶ 18, 24 and 32.

[^34]: *Ku-Band AMSS NPRM* at ¶¶ 41-44.

[^35]: *See* 47 C.F.R. § 2.106.

[^36]: Rec. ITU-R M.1643, Annex 1, Part D.

[^37]: *Ku-Band AMSS NPRM* at ¶¶ 23 and 28.

[^38]: Coordination Agreement Between the National Aeronautics and Space
    Administration and VIASAT, Incorporated for Operation of the VIASAT
    Arclight AMSS Operation in the 14.0-14.5 GHz Band, executed on Oct.
    26, 2005.

[^39]: 47 C.F.R. § 2.106, Footnote US203.

[^40]: Rec. ITU-R M.1643, Annex 1, Part B.

[^41]: *Ku-Band AMSS NPRM* at ¶¶ 23 and 28.

[^42]: Arclight AMSS Application, Exhibit 2 at § 5.2.4, as amended. The
    proposed PFD limits are identical to a pertinent recommendation in
    ITU-R M.1643.

[^43]: Coordination Agreement Between the National Science Foundation
    and ViaSat, Inc. for Operation of the ViaSat Arclight AMSS and Radio
    Astronomy Sites Jointly Sharing the 14.0-14.5 GHz Band, filed as
    attachment to letter dated Apr. 12, 2006 to the FCC Secretary from
    Elizabeth R. Park, Counsel to ViaSat.

[^44]: Specifically, ITU-R M.1643 recommends adoption of PFD limits of
    -132 + 0.5·θ dBW(W/(m^2^·MHz)) for θ ≤ 40° and -112
    dBW(W/(m^2^·MHz)) for 40° \< θ ≤ 90º, where theta is the angle of
    arrival of the AES emissions in degrees above the horizontal. *See*
    Rec. ITU-R M.1643, Annex 1, Part B.

[^45]: 47 CFR § 2.106, Footnote NG184.

[^46]: 47 CFR § 2.106.

[^47]: Arclight AMSS Application, Technical Description § 5.2.2.

[^48]: 47 CFR § 2.106, Footnotes NG145 and NG183, 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 (Report and Order)*, IB Docket No. 02-10, FCC 04-286, 20 FCC
    Rcd 674 (2005) at ¶79.

[^49]: 47 CFR § 2.106, Footnote NG184.

[^50]: *Ku-Band AMSS NPRM* at ¶15

[^51]: *See* 47 CFR § 2.102(a).

[^52]: 47 CFR § 25.134(g)(2).

[^53]: 47 CFR § 25.220(e)(1)(ii). *See 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
    Docket 00-248*, 20 FCC Rcd 5666 (2005) at ¶¶ 93-95 (concluding that
    authority should be routinely granted for digital downlink
    transmission in the 11.7-12.2 GHz band with e.i.r.p. density up to
    10 dBW/4kHz without requiring coordination).

[^54]: Arclight AMSS Application, Technical Description § 3.3.2.

[^55]: Letter dated April 19, 2006 "To Whom It May Concern" from Krish
    Jonnalagadda, Manager of Satellite Marketing Development for SES
    Americom, Inc., and Daryl T. Huner. P.E., Senior Systems Engineer
    for ViaSat, Inc., endorsed by Mohammad Marashi, Vice President of
    Customer Support Engineering for PanAmSat Corporation.

[^56]: *Boeing 12 GHz License Order* at ¶10 (granting blanket license
    conditioned on submission of proof that operators of adjacent
    satellites had no objection to proposed operation with peak downlink
    e.i.r.p. density in excess of the 10 dBW/4KHz routine-licensing
    limit); *ARINC AMSS License Order* at ¶54 (noting that proposed
    maximum downlink e.i.r.p. density was well below 10 dBW/4kHz).

[^57]: *See* Rec. ITU-R M.1643, Annex 1, Part A.