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ViaSat, Inc. Dismissal

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Released: March 14, 2013
Federal Communications Commission
Washington, D.C. 20554

DA 13-441

March 14, 2013
John P. Janka, Esq.
Latham & Watkins LLP
555 Eleventh Street, NW, Suite 1000
Washington, D.C. 20004
ViaSat, Inc.

Call Sign: S2890
Dear Mr. Janka:
On December 26, 2012, ViaSat, Inc. (ViaSat) filed a Letter of Intent seeking to use the planned
ViaSat-3 space station that will operate under the authority of the United Kingdom to access the United
States using portions of the Ka-band at the 79.3° W.L. orbital location. For the reasons discussed below,
we dismiss the application without prejudice to refiling.
Section 25.112 of the Commission's rules requires the Commission to return, as unacceptable for
filing, any space station application that is not substantially complete, contains internal inconsistencies, or
does not substantially comply with the Commission's rules. In its application, Schedule S to FCC Form
312, ViaSat did not include the numerical data and power flux density levels for each of the space
station’s beams as required in item S8. Further, ViaSat did not request a waiver of this requirement.1
Consequently, we dismiss ViaSat’s Letter of Intent as incomplete, without prejudice to refiling.
In addition, although not a ground for dismissal, we note that Section 25.137(c) of the
Commission’s rules requires operators of non-U.S.-licensed geostationary orbit (GSO)-like satellite
systems seeking market access to demonstrate that the satellite is in-orbit and operating, or that the system
has a license from another administration, or that the system has been submitted for coordination to the
International Telecommunication Union (ITU). In its application, ViaSat states that the ViaSat-3 space
station will operate under the “authority of the government of the United Kingdom,” and that the
“satellite’s authorization from the United Kingdom is held by ViaSat Satellite Holding, Ltd.,” a subsidiary
of ViaSat.2 ViaSat does not provide specific information with respect to the authorization held by
ViaSat’s subsidiary, nor does it indicate whether the United Kingdom has submitted filings on its behalf
to the ITU. If ViaSat files another request for U.S. market access from ViaSat-3, it should address in
greater detail the status of its U.K. authorization. In particular, ViaSat should indicate whether it has
obtained launch and space operations licenses for the ViaSat-3 satellite under the U.K. Outer Space Act.
If not, ViaSat should provide a statement detailing the status of the application process for such licenses

1 ViaSat’s request for a limited waiver of Section 25.114 (c) was to permit the submission of GXT files in an
alternate format. ViaSat LOI, Exh. A at 11.
2 ViaSat LOI, Exh. A at 3, 8.

Federal Communications Commission DA 13-441

and an assessment of whether, by virtue of its wholly owned subsidiary and any other factors considered
relevant under the U.K. Outer Space Act, it has sufficient ties to the United Kingdom to provide the basis
for issuing such authorizations. In providing this assessment, ViaSat should identify the specific
provisions of the U.K. Outer Space Act and the Space Agency’s implementing guidance on which it is
relying. ViaSat should also indicate whether filings have been submitted to the ITU on its behalf and
provide confirming documentation of any such filings.
Accordingly, pursuant to Section 25.112(a)(1) of the Commission’s rules, 47 C.F.R. §
25.112(a)(1), and Section 0.261 of the Commission’s rules on delegations of authority, 47 C.F.R. § 0.261,
we dismiss ViaSat’s Letter of Intent without prejudice to refiling.
Fern J. Jarmulnek
Acting Chief, Satellite Division
International Bureau

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