Norman P. "Norm" Leventhal is a partner in our Washington D.C. office
Late last year, the FCC proposed the establishment of a new service -- Earth Stations Aboard Aircraft or ESSA. Basically, the FCC is attempting to streamline applications and licensing for mini-satellite stations on aircraft to provide links to terrestrial systems; essentially, mobility in the air (much like the FCC has already done for vehicles and vessels).
This ruling certainly is a good thing for the millions who become overly anxious the minute their Internet connection is lost, interrupted or just no longer available. On the other hand, we would think the airlines will consider carefully how and if passengers may use their cell-phones for anything other than data.
Although several airlines have already installed WiFi enabled systems on their aircraft, by way of individualized petitions and rule waivers (for example, American and Delta have air-ground wireless connectivity provided by Gogo), the FCC proposal is expected to expand their presence geometrically. Other major providers include Panasonic and Row 44. The Commission's action provides finality for the already authorized services and, in addition, paves the way for removing their less desirable secondary status. [Secondary status means the services may not cause interference to primary services in the band and, in addition, must accept interference from them.]
Now part of the Fixed Satellite Service ("FSS"), the FCC Report and Order permits ESAA to operate:
- on a primary basis in the 11.7-12.2 GHz (space-to-Earth) band
- on an unprotected basis in the 10.95-11.2 GHz and 11.45-11.7 GHz (space-to-Earth) bands
- subject to further inquiry on primary treatment, on a secondary basis in the 14.0-14.5 GHz band (Earth-to-space)
It also requires ESAA licensees to coordinate their operations with stations in the Space Research Service and the Radio Astronomy Service to prevent interference, and adopts rules to ensure that ESAA systems do not interfere with other users. Along with licensing rules for both U.S.-registered aircraft and non-U.S.-registered aircraft operating in U.S. airspace, the Commission expects future services to proceed expeditiously.
The International Bureau is to issue guidelines for applicants with pending requests to amend their petitions to comply with the newly adopted rules.
Although foreign registered aircraft will be permitted to operate while transiting the United States on the same basis as ESAA aboard U.S.-registered aircraft, the same is not necessarily true for U.S.-registered aircraft operating over foreign territory. In such cases, operations will depend upon a host of factors, not the least of which is the host nation's receptiveness to airborne connectivity. In this connection, Space News reported just this week that satellite operator Eutelsat, in conjunction with Live TV of Melbourne, FL, is itself introducing a new in-flight broadband service for Europe.
We will continue to update you on this important area.
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