KELLEY DRYE WARREN LLP - FCC...2020/02/21 · KELLEY DRYE & WARREN LLP Ms. Marlene H. Dortch...
Transcript of KELLEY DRYE WARREN LLP - FCC...2020/02/21 · KELLEY DRYE & WARREN LLP Ms. Marlene H. Dortch...
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February 21, 2020
FILED VIA ECFS
Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Re: Notice of Ex Parte Meetings, GN Docket No. 18-122
Dear Ms. Dortch,
On February 19, 2020, Max Fenkell of the Aerospace Industries Association; Andrew
Roy of Aviation Spectrum Resources, Inc. (“ASRI”); Edward A. Yorkgitis, Jr. of Kelley Drye &
Warren, LLP, counsel for ASRI; Ed Hahn of Air Line Pilots Association, International
(“ALPA”); Robert Ireland of Airlines for America; and Bobby Sturgell of Collins Aerospace;
Harold Summers of Helicopter Association International; Capt. David Sambrano and Max
Slutsky, United Airlines, and the following participants by telephone, David Redman and Fred
Fisher of the Aerospace Vehicle Systems Institute (“AVSI”); Bryan Lesko of ALPA; James
Dickens of Bristow Group Global Communications; Sai Kalyanaraman and Megan Rosia of
Collins Aerospace; Aubrey Stevens of Delta Airlines; Chris Naugle of FedEx; Clay Barber and
Eddie Straub of Garmin International; Seth Frick of Honeywell; Noppadol Pringvanich of the
International Air Transport Association (“IATA”); and Neal Young of Southwest Airlines
(collectively, the “Aerospace/Aviation Representatives”) met separately with Aaron Goldberger,
Wireless Advisor to Chairman Ajit Pai; Will Adams, Wireless Advisor to Commissioner
Brendan Carr; and William Davenport, Wireless Advisor to Commissioner Geoffrey Starks.1
The PowerPoint presentation used during the meetings is appended hereto.
The Aerospace/Aviation Representatives emphasized that radio altimeter systems are
critical mandatory safety equipment on commercial passenger aircraft, cargo carrier aircraft, and
helicopters, as well as widely deployed on general aviation aircraft. Further, radio altimeters will
1 Mr. Sturgell participated only in the meeting with Mr. Adams.
KELLEY DRYE & WARREN LLP
Ms. Marlene H. Dortch
February 21, 2020
Page Two
be used increasingly on unmanned aircraft vehicles, commonly referred to as UAVs or drones.
The Aerospace/Aviation Representatives provided a high-level overview that ongoing testing
and analysis that has been submitted into the record by the aerospace and aviation industries
confirming that the performance of radio altimeter radar systems operating in the 4200-4400
MHz band would be subject to potential serious degradation from deployments of flexible-use
systems in the 3700-3980 MHz band under consideration in the above-referenced docket unless
appropriate action is taken to protect such devices.
The Aerospace/Aviation Representatives explained the reality that the Draft R&O in this
proceeding,2 while it acknowledges that radio altimeters “must operate without harmful
interference,”3 would not, if adopted as is, offer appropriate protection of the embedded base of
tens of thousands of radio altimeters. They explained that the Draft R&O’s statement that
“significant protection” of radio altimeters and commitment that the Commission will “monitor
the results of . . . studies as they are provided” and “take appropriate action, if necessary, to
protect [radio altimeters],”4 does not go far enough because the data in the record now show that
there is a real risk of potential interference to radio altimeters in permissible, real-world aviation
configurations. The Aerospace/Aviation Representatives noted that the flying public requires
more assurance than significant protection – instead the integrity of radio altimeters must be
assured to 10-9 reliability, i.e., performance measured to “nine nines.”5
The aerospace and aviation industries recognize the desire of the Commission to provide
potential auction participants in the to-be-cleared 3700-3980 MHz band with information before
the anticipated December 2020 auction regarding any mitigation measures under which flexible-
use licensed systems must operate in that band. Accordingly, to address this situation, and
protect aviation safety while allowing the auction to proceed for all 280 megahertz as planned,
firmness and speed in implementing a process to address interference prevention, detection,
mitigation, and enforcement will be key.
The Aerospace/Aviation Representatives, therefore, proposed the following as
appropriate and necessary modifications in the final Report and Order to protect radio altimeters:
2 See Expanding Flexible Use of the 3.7 to 4.2 GHz Band, GN Docket No. 18-122, Draft
Report and Order and Order of Proposed Modification, FCC-CIRC2002-01 (Feb. 7, 2020)
(“Draft R&O”)
3 Id. ¶ 347.
4 Id. ¶ 351.
5 See id. (tentatively concluding that “[t]he technical rules on power and emission limits
[the Commission would] set for the 3.7 GHz Service and the spectral separation of 220
megahertz offers significant protection of services in the 4.2-4.4 GHz band” (emphasis added)).
KELLEY DRYE & WARREN LLP
Ms. Marlene H. Dortch
February 21, 2020
Page Three
The Commission’s adopted Report and Order must make clear not only that
Federal Aviation Administration (“FAA”)-certified radio altimeters must operate
without harmful interference, but that flexible-use licensees in the 3700-3980 MHz
band (1) will be responsible for preventing harmful interference to radio altimeters
and (2) resolve any interference that does occur.
The adopted Report and Order should provide that the Commission, through the
Office of Engineering and technology and the Wireless Telecommunications
Bureau, will immediately convene a multi-stakeholder group to provide a forum for
the aerospace, aviation, and commercial wireless industries to work expeditiously
and cooperatively to advance the assessment of the potential for interference – by
both flexible mobile base stations and handsets – to the embedded base of tens of
thousands of FAA-certified radio altimeters; develop efficient, technical solutions;
and propose regulatory measures to implement such solutions.6 Among other
things, the stakeholders should conduct an integrity impact assessment to
determine the interference tolerance level at which the required system integrity of
altimeters is maintained in the presence of the range of prospective deployment of
flexible-use operations. The FAA and National Telecommunications and
Information Administration should be invited, as appropriate, to participate
throughout the stakeholder group process.
The Aerospace/Aviation Representatives emphasized that taking these actions over the
next approximately four months would allow a second order to be issued by the Commission to
better address the concerns raised by the aviation industry and protect radio altimeters, while
giving prospective bidders in the 3700-3980 MHz band time to take into account the results of
this multi-stakeholder effort and resulting Commission order when formulating their bids. The
aerospace and aviation industry respectfully suggests that this proactive set of time-bounded
actions is a far more sound approach from the public interest perspective than simply, as the
Draft R&O suggests the Commission may be considering, monitoring aviation’s studies and later
starting a process to take appropriate action, with a risk of imposing additional requirements after
the auction ends.
6 The proposal for such a forum is modeled on the multi-stakeholder group that the Draft
R&O envisions would be convened to address flexible-use and C-Band satellite service
coexistence and “develop a proposed framework for interference prevention, detection,
mitigation, and enforcement in the 3.7-4.2 GHz band.” See Draft R&O at ¶ 296. There can be
no doubt that if this type of forum is a good idea to help protect video content distribution and
other earth station-supported services, it is equally the right approach to ensure the safety of the
flying public.
KELLEY DRYE & WARREN LLP
Ms. Marlene H. Dortch
February 21, 2020
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This notice is being filed as required by Section 1.1206 of the Commission’s rules for
inclusion in the record for Docket No. 18-122.7
Respectfully submitted,
Edward A. Yorkgitis, Jr.
Counsel for Aviation Spectrum Resources,
Inc.
Attachment
cc (via email): Aaron Goldberger
Will Adams
William Davenport
7 47 C.F.R. § 1.1206.
Flexible Use Operations in 3.7-4.2 GHz:Ensuring Aviation Safety and Protecting Radio Altimeters in the 4.2-4.4 GHz Band
GN Docket No. 18-122
Domestic and International Aviation/Aerospace Organizations
Meeting with the office of Chairman PaiMeeting with the Office of Commissioner CarrMeeting with the Office of Commissioner Starks
February 19, 2020
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Introduction
• The aviation industry recognizes the desire to provide potential bidders information before the auction regarding any technical restrictions under which flexible use licensed systems must operate in the 3700-3980 MHz.
• The aviation industry appreciates that Chairman Pai intends that “any actions the Commission takes to repurpose the C-band should not interrupt existing services, including the use of altimeters by helicopters and airplanes in the 4.2-4.4 GHz band.” Jan. 24, 2020, reply to Rep. DeFazio
• Similarly, the draft R&O acknowledges that radio altimeters “must operate without harmful interference” and indicates that the Commission will “monitor the results of . . . studies as they are provided” and “take appropriate action, if necessary, to protect [radio altimeters].” (Draft R&O, ¶¶347, 351)
• The current record, recently updated and properly interpreted, indicates that harmful interference to radio altimeters will likely result under permissible aviation configurations, necessitating appropriate action.
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Radio Altimeter Use by Aviation Is Extensive in All Airspace
• Used by tens of thousands of aircraft daily across the USA at all altitudes• Large commercial aircraft (both domestic and international)• Private aircraft• Helicopters• Drones/UAVs
• System supports a number of safety functions that modern aviation deems essential for safety• Terrain Awareness and Warning System (TAWS)• Autoland function• Flight by instruments, no visual available• Auto deployment of systems required at low altitudes
• Radio altimeters are all certified by the FAA as aviation safety equipment
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The Draft R&O Does Not Have a Foundation to Assure Aviation Safety
• The AVSI data and conclusions indicate more must be done to protect aviation systems• Empirical data supported by all major radio altimeter manufacturers• Developed by aerospace industry to support international standards at ICAO• AVSI results, including refinement and update, demonstrate that in permissible aviation configurations radio
altimeters in use today will be compromised• Interference case study shared with OET/WTB February 14 further reveals problem in a basic low-altitude
scenario, especially for general aviation and helicopters
• No alternate studies have been submitted into the record other than T-Mobile/Alion statements in a high-level presentation• Comments that aviation safety issue is ‘unlikely’ without supporting data not a method to determine aviation
safety• T-Mobile/Alion fail to understand need to ensure aviation safety in all permissible conditions
• Taken as a whole, the record substantiates the need for further action now to ensure aviation safety by protecting radio altimeters from harmful interference
The Integrity of Radio Altimeters Must Be Assured to 10-9 Reliability(i.e., “Nine Nines”)
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The T-Mobile/Alion Critique of the AVSI Data Misses the Mark and Provides an Insufficient Basis for Decision
• The existing in-band interference margin was developed by AVSI on a real-world worst-case operational example• Has been discussed and validated at ITU-R, ICAO, and international aviation standards bodies
• The interference source AVSI used is spectrally representative of the 5G waveforms• Radio altimeter receivers do not distinguish between different types of OFDM signals; all are
broadband noise sources for the radio altimeter
• Out-of-band signals from simulated interference not a driving factor in the final AVSI results• T-Mobile misinterpreted spectrum analyzer noise floor and results do not support such a
conclusion
The T-Mobile input is insufficient to support the recommended inaction in the Draft R&O
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Conclusion and Path to a Solution• The adopted R&O must make clear not only that FAA certified radio altimeters are protected,
but that flexible use licensees in the 3700-3980 MHz will have the responsibility to prevent harmful interference to radio altimeters and resolve any interference that does occur
• The Commission, through OET and WTB, should convene a multi-stakeholder group to provide a forum for industry to work expeditiously and cooperatively (over the next four months) to advance the assessment of the potential for interference – from base stations and handsets, including those in the air cabin – to the embedded base of FAA certified radio altimeters, develop efficient, technical solutions, and propose regulatory measures to implement such solutions
• The FAA and NTIA should be invited to participate throughout the process to ensure system integrity is maintained to the necessary requirements
• Such a forum is modeled on the group that the Draft R&O envision will be convened to address flexible use and C-Band satellite service compatibility (Draft R&O, ¶296)
• T-Mobile called for a multi-stakeholder assessment in its opening comments in this proceeding
Given the reality of the embedded base of radio altimeters, the safety of the flying public requires further attention to this matter on an expedited basis
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