Boeing Continues Fight for Inclusion of AMES in ESV/VMES Ruling
The FCC should recognize aircraft mounted earth stations (AMES) as a primary application of the fixed satellite service Ku-band spectrum before it allows vehicle mounted earth stations (VMES) networks to begin operations, Boeing told the commission in a filing.
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The company has filed several times voicing frustration stemming from the fact a separate proceeding on aircraft mounted earth stations hasn’t received International Bureau attention in years, although AMES provide service like that of VMES. Boeing filed the comments in the commission’s proceeding on rules for the use of earth stations on vessels (ESV) and VMES in the 5925-6425 MHz/3700-4200 MHz bands and 14-14.5 MHz/11.7-12.2 GHz bands. ESV applies to earth terminals on boats. VMES refers to earth terminals on Earth-bound vehicles. While the commission has already ruled on the issue, ViaSat and Boeing have filed petitions for reconsideration.
The commission decided last year not to take up the issue of aircraft earth stations in the proceeding on rules for earth stations on boats and terrestrial vehicles, saying “earth stations on aircraft may implicate technical and policy considerations not relevant to VMES” and the commission said it didn’t “have a sufficient record in this proceeding to develop appropriate rules for AMES. The FCC’s failure to address Boeing’s concerns “was arbitrary and capricious” and violated the Administrative Procedure Act, the company said. Boeing’s aeronautical mobile satellite service that provides broadband on airplanes is part of the secondary mobile-satellite services allocation in the Ku-band despite using fixed satellite services space stations.
Another concern for Boeing is that VMES and ESV networks would have priority in interference disputes, and Boeing would be forced to shut down its aeronautical mobile satellite service if VMES and ESV operators said it was interfering. Boeing has said interference between the services could occur, a concern that MTN called overblown in a previous filing.
MTN’s filing asks the agency to dismiss Boeing’s petition for reconsideration because the AMES issue is the subject of a different proceeding. While MTN is “sympathetic” to Boeing’s arguments, they are in the wrong docket, it said. ViaSat, whose petition for reconsideration requests technical clarification and is largely unrelated to Boeing’s worries, said in a recent filing it “generally agrees with Boeing’s positions in the proceeding” but the concerns would be more appropriate in the parallel AMSS proceeding.