286 Part 25—Satellite Communications

Home , Base earth station, Satellite radio system

§ 24.843 47 CFR Ch. I (10–1–96 Edition)

meets the eligibility criteria set forth § 24.844 Termination of authorization. in § 24.709; (a) Termination of authorization. (4) The application is for an involun- (1) All authorizations shall terminate tary assignment or transfer of control on the date specified on the authoriza- to a bankruptcy trustee appointed tion or on the date specified by these under involuntary bankruptcy, an rules, unless a timely application for independent receiver appointed by a renewal has been filed. court of competent jurisdiction in a (2) If no application for renewal has foreclosure action, or, in the event of been made before the authorization’s death or disability, to a person or en- expiration date, a late application for tity legally qualified to succeed the de- renewal will be considered only if it is ceased or disabled person under the filed within thirty (30) days of the expi- laws of the place having jurisdiction ration date and shows that the failure over the estate involved; provided that, to file a timely application was due to the applicant requests a waiver pursu- causes beyond the applicant’s control. ant to this paragraph; or During this 30-day period, a reinstate- (5) The assignment or transfer of con- ment application must be filed on FCC trol is pro forma. Form 489. Service to subscribers need (e) If the assignment or transfer of not be suspended while a late-filed re- control of a license is approved, the as- newal application is pending, but such signee or transferee is subject to the service shall be without prejudice to original construction requirement of Commission action on the renewal ap- § 24.203. plication and any related sanctions. See [59 FR 37610, July 22, 1994, as amended at 59 also § 24.16 (Criteria for Comparative FR 63238, Dec. 7, 1994; 61 FR 33870, July 1, Renewal Proceedings). 1996] (b) Termination of special temporary authorization. A special temporary au- §§ 24.840—24.842 [Reserved] thorization shall automatically termi- § 24.843 Extension of time to complete nate upon failure to comply with the construction. conditions in the authorization. (a) If construction is not completed (c) [Reserved] within the time period set forth in § 24.203, the authorization will auto- PART 25—SATELLITE matically expire. Before the period for COMMUNICATIONS construction expires an application for an extension of time to complete con- Subpart A—General struction (FCC Form 489) may be filed. Sec. See paragraph (b) of this section. With- 25.101 Basis and scope. in 30 days after the authorization ex- 25.102 Station authorization required. pires an application for reinstatement 25.103 Definitions. may be filed on FCC Form 489. 25.104 Preemption of local zoning of earth (b) Extension of Time to Complete stations. Construction. An application for exten- 25.105–25.108 [Reserved] sion of time to complete construction 25.109 Cross-reference. may be made on FCC Form 489. Exten- sion of time requests must be filed Subpart B—Applications and Licenses prior to the expiration of the construc- 25.110 Filing of applications, fees, and num- tion period. Extensions will be granted ber of copies. only if the licensee shows that the fail- 25.111 Additional information. ure to complete construction is due to 25.112 Defective applications. causes beyond its control. 25.113 Construction permits. (c) An application for modification of 25.114 Applications for space station author- an authorization (under construction) izations. does not extend the initial construc- 25.115 Application for earth station authorizations. tion period. If additional time to con- 25.116 Amendments to applications. struct is required, an FCC Form 489 25.117 Modification of station license. must be submitted. 25.118 Assignment or transfer of control of (d) [Reserved] station authorization.

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25.119 Application for special temporary au- 25.211 Video Transmissions in the Domestic thorization. Fixed—Satellite Service. 25.120 License term and renewals. 25.212 Narrowband transmissions in the Fixed-Satellite Service. EARTH STATIONS 25.213 Inter-Service coordination require- 25.130 Filing requirements for transmitting ments for the 1.6/2.4 GHz Mobile-Satellite earth stations. Service. 25.131 Filing requirements for receive-only 25.250 Sharing between NGSO MSS Feeder earth stations. links Earth Stations in the 19.3–19.7 GHz 25.132 Verification of earth station antenna and 29.1–29.5 GHz Bands. performance standards. 25.251 Special requirements for coordina- 25.133 Period of construction; certification tion. of commencement of operation. 25.252 Maximum permissible interference 25.134 Licensing Provisions of Very Small power. Aperture Terminal (VSAT) Networks. 25.253 Determination of coordination dis- 25.135 Licensing provisions for earth station tance for near great circle propagation networks in the non-voice, non-geo- mechanisms. stationary mobile-satellite service. 25.254 Computation of coordination distance 25.136 Operating provisions for earth station contours for propagation modes associ- networks in the 1.6/2.4 GHz mobile-sat- ated with precipitation scatter. ellite service. 25.255 Guidelines for performing interference analyses for near great circle SPACE STATIONS propagation mechanisms. 25.140 Qualifications of fixed-satellite space 25.256 Guidelines for performing inter- station licensees. ference analyses for precipitation scatter 25.141 Licensing provisions for the radio- modes. determination satellite service. 25.257 Special requirements for operations 25.142 Licensing provisions for the non- in the band 29.1–29.25 GHz between NGSO voice, non-geostationary mobile-satellite MSS and LMDS. service. 25.258 Sharing between NGSO MSS Feeder 25.143 Licensing provisions for the 1.6/2.4 links Stations and GSO FSS services in GHz Mobile-Satellite Service. the 29.25–29.5 GHz Bands.

PROCESSING OF APPLICATIONS Subpart D—Technical Operations 25.150 Receipt of Applications. 25.271 Control of transmitting stations. 25.151 Public notice period. 25.272 General inter-system coordination 25.152 Dismissal and return of applications. procedures. 25.153 Repetitious applications. 25.273 Duties regarding space communica- 25.154 Opposition to applications and other tions transmissions. pleadings. 25.274 Procedures to be followed in the 25.155 Mutually exclusive applications. event of harmful interference. 25.156 Consideration of applications. 25.275 Particulars of operation. 25.276 Points of communication. FORFEITURE, TERMINATION, AND 25.277 Temporary fixed earth station oper- REINSTATEMENT OF STATION AUTHORIZATION ations. 25.160 Administrative sanctions. 25.278 Additional Coordination Obligation 25.161 Automatic termination of station au- for Non-Geostationary and Geo- thorization. stationary Satellite Systems In Fre- 25.162 Cause for termination of interference quencies Allocated to the Fixed-Satellite protection. Service. 25.163 Reinstatement. 25.279 Inter-satellite service.

Subpart C—Technical Standards Subpart E—Developmental Operations 25.201 Definitions. 25.300 Developmental operation. 25.202 Frequencies, frequency tolerance and 25.308 Automatic Transmitter Identifica- emission limitations. tion System (ATIS). 25.203 Choice of sites and frequencies. 25.204 Power limits. Subparts F–G [Reserved] 25.205 Minimum angle of antenna elevation. 25.206 Station identification. Subpart H—Authorization To Own Stock in 25.207 Cessation of emissions. the Communications Satellite Corporation 25.208 Power flux density limits. 25.209 Antenna performance standards. 25.501 Scope of this subpart. 25.210 Technical requirements for space sta- 25.502 Definitions. tions in the Fixed-Satellite Service. 25.503—25.504 [Reserved]

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25.505 Persons requiring authorization. of signals by earth stations in the 25.506—25.514 [Reserved] Fixed-Satellite Service from terrestrial 25.515 Method of securing authorization. stations in a co-equally shared band is 25.516—25.519 [Reserved] provided through the authorizations 25.520 Contents of application. 25.521 Who may sign applications. granted under this part. 25.522 Full disclosures. [56 FR 24016, May 28, 1991] 25.523 Form of application, number of copies, fees, etc. § 25.103 Definitions. 25.524 [Reserved] 25.525 Action upon applications. (a) Communications common carrier. 25.526 Amendments. The term ‘‘communications common 25.527 Defective applications. carrier’’ as used in this part means any 25.528—25.529 [Reserved] person (individual, partnership, asso- 25.530 Scope of authorization. ciation, joint-stock company, trust, 25.531 Revocation of authorization. corporation, or other entity) engaged as a common carrier for hire, in inter- Subpart I—Equal Employment state or foreign communication by Opportunities wire or radio or in interstate or foreign 25.601 Equal employment opportunity re- radio transmission of energy, including quirement. such carriers as are described in subsection 2(b) (2) and (3) of the Commu- AUTHORITY: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat. 1066, as amended; 47 nications Act of 1934, as amended, and, U.S.C. 154. Interpret or apply secs. 101–104, 76 in addition, for purposes of Subpart H Stat. 419–427; 47 U.S.C. 701–744; 47 U.S.C. 554. of this part, includes any individual, partnership, association, joint-stock Subpart A—General company, trust, corporation, or other entity which owns or controls, directly § 25.101 Basis and scope. or indirectly, or is under direct or indi- (a) The rules and regulations in this rect common control with, any such part are issued pursuant to the author- carrier. (b) Authorized carrier. (1) Except as ity contained in section 201(c)(11) of the provided in paragraph (b)(2) of this sec- Communications Satellite Act of 1962, tion, the term ‘‘authorized carrier’’ as amended, section 501(c)(6) of the means a communications common car- International Maritime Satellite Tele- rier which is authorized by the Federal communications Act, and titles I Communications Commission under through III of the Communications Act the Communications Act of 1934, as of 1934, as amended. amended, to provide services by means (b) The rules and regulations in this of communications satellites. part supplement, and are in addition to (2) For the purposes of Subpart H of the rules and regulations contained in this part, the term ‘‘authorized car- or to be added to, other parts of this rier’’ means a communications com- chapter currently in force, or which mon carrier which is specifically au- may subsequently be promulgated, and thorized or which is a member of a which are applicable to matters relat- class of carriers authorized by the ing to communications by satellites. Commission to own shares of stock in [28 FR 13037, Dec. 5, 1963, as amended at 56 the corporation. FR 24015, May 28, 1991] (c) Communications satellite corporation. (1) The terms ‘‘communications § 25.102 Station authorization re- satellite corporation’’ or ‘‘corporation’’ quired. as used in this part mean the corpora- (a) No person shall use or operate ap- tion created pursuant to the provisions paratus for the transmission of energy of Title III of the Communications Sat- or communications or signals by space ellite Act of 1962. or earth stations except under, and in (2) The corporation shall be deemed accordance with, an appropriate au- to be a common carrier within the thorization granted by the Federal meaning of section 3(h) of the Commu- Communications Commission. nications Satellite Act of 1962. (b) Protection from impermissible (d) Communication-satellite earth sta- levels of interference to the reception tion complex. The term communication-

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satellite earth station complex in- federal regulation of radio frequency cludes transmitters, receivers, and emissions is not preempted by this sec- communications antennas at the earth tion. For purposes of this paragraph station site together with the inter- (a), reasonable means that the local connecting terrestrial facilities (ca- regulation: bles, lines, or microwave facilities) and (1) Has a clearly defined health, safe- modulating and demodulating equip- ty, or aesthetic objective that is stated ment necessary for processing of traffic in the text of the regulation itself; and received from the terrestrial distribu- (2) Furthers the stated health, safety tion system(s) prior to transmission or aesthetic objective without unneces- via satellite and of traffic received sarily burdening the federal interests from the satellite prior to transfer of in ensuring access to satellite services channels of communication to terres- and in promoting fair and effective trial distribution system(s). competition among competing commu- (e) Communication-satellite earth sta- nications service providers. tion complex functions. The communication-satellite earth station complex (b)(1) Any state or local zoning, land- interconnects with terminal equipment use, building, or similar regulation of common carriers or authorized enti- that affects the installation, mainte- ties at the interface; accepts traffic nance, or use of a satellite earth sta- from such entities at the interface, tion antenna that is two meters or less processes for transmission via satellite in diameter and is located or proposed and performs the transmission func- to be located in any area where com- tion; receives traffic from a satellite or mercial or industrial uses are generally satellites, processes it in a form nec- permitted by non-federal land-use reg- essary to deliver channels of commu- ulation shall be presumed unreasonable nication to terrestrial common carriers and is therefore preempted subject to or such other authorized entities and paragraph (b)(2) of this section. No delivers the processed traffic to such civil, criminal, administrative, or entities at the interface. other legal action of any kind shall be (f) Interface. The point of inter- taken to enforce any regulation cov- connection between two distinct but ered by this presumption unless the adjacent communications systems hav- promulgating authority has obtained a ing different functions. The interface waiver from the Commission pursuant in the communication-satellite service to paragraph (e) of this section, or a is that point where communications final declaration from the Commission terminal equipment of the terrestrial or a court of competent jurisdiction common carriers or other authorized that the presumption has been rebut- entities interconnects with the termi- ted pursuant to paragraph (b)(2) of this nal equipment of the communication- section. satellite earth station complex. The (2) Any presumption arising from interface in the communication-sat- paragraph (b)(1) of this section may be ellite service shall be located at the rebutted upon a showing that the regu- earth station site, or if this is imprac- lation in question: ticable, as close thereto as possible. (i) Is necessary to accomplish a clearly de- [28 FR 13037, Dec. 5, 1963, as amended at 31 fined health or safety objective that is stated FR 3289, Mar. 2, 1966] in the text of the regulation itself; (ii) Is no more burdensome to satellite § 25.104 Preemption of local zoning of users than is necessary to achieve the health earth stations. or safety objective; and (a) Any state or local zoning, land- (iii) Is specifically applicable on its face to use, building, or similar regulation antennas of the class described in paragraph (b)(1) of this section. that materially limits transmission or reception by satellite earth station an- (c) Any person aggrieved by the ap- tennas, or imposes more than minimal plication or potential application of a costs on users of such antennas, is pre- state or local zoning or other regula- empted unless the promulgating au- tion in violation of paragraph (a) of thority can demonstrate that such reg- this section may, after exhausting all ulation is reasonable, except that non- nonfederal administrative remedies,

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file a petition with the Commission re- (f) a satellite earth station antenna questing a declaration that the state or that is designed to receive direct local regulation in question is pre- broadcast satellite service, including empted by this section. Nonfederal ad- direct-to-home satellite services, that ministrative remedies, which do not in- is one meter or less in diameter or is clude judicial appeals of administrative located in Alaska is covered by the reg- determinations, shall be deemed ex- ulations in § 1.4000 of this chapter. hausted when: [61 FR 10898, Mar. 18, 1996, as amended at 61 (1) The petitioner’s application for a per- FR 46562, Sept. 4, 1996] mit or other authorization required by the EFFECTIVE DATE NOTE: At 61 FR 46562, state or local authority has been denied and Sept. 4, 1996, § 25.104 was amended by revising any administrative appeal and variance pro- paragraph (b)(1) and adding paragraph (f). cedure has been exhausted; These paragraphs contain information col- (2) The petitioner’s application for a per- lection and recordkeeping requirements and mit or other authorization required by the will not become effective until approval has state or local authority has been on file for been given by the Office of Management and ninety days without final action; Budget. (3) The petitioner has received a permit or other authorization required by the state or § 25.104 Preemption of local zoning of local authority that is conditioned upon the earth stations. petitioner’s expenditure of a sum of money, including costs required to screen, pole- State and local zoning or other regu- mount, or otherwise specially install the an- lations that differentiate between sat- tenna, greater than the aggregate purchase ellite receive-only antennas and other or total lease cost of the equipment as nor- types of antenna facilities are pre- mally installed; or empted unless such regulations: (4) A state or local authority has notified the petitioner of impending civil or criminal (a) Have a reasonable and clearly de- action in a court of law and there are no fined health, safety or aesthetic objec- more nonfederal administrative steps to be tive; and taken. (b) Do not operate to impose unreasonable limitations on, or prevent, re- (d) Procedures regarding filing of pe- ception of satellite delivered signals by titions requesting declaratory rulings receive-only antennas or to impose and other related pleadings will be set costs on the users of such antennas forth in subsequent Public Notices. All that are excessive in light of the pur- allegations of fact contained in peti- chase and installation cost of the tions and related pleadings must be equipment. supported by affidavit of a person or persons with personal knowledge there- Regulation of satellite transmitting of. antennas is preempted in the same (e) Any state or local authority that manner except that state and local wishes to maintain and enforce zoning health and safety regulation is not pre- or other regulations inconsistent with empted. this section may apply to the Commis- [51 FR 5526, Feb. 14, 1986] sion for a full or partial waiver of this section. Such waivers may be granted § 25.105–25.108 [Reserved] by the Commission in its sole discretion, upon a showing by the applicant § 25.109 Cross-reference. that local concerns of a highly special- The space radiocommunications sta- ized or unusual nature create a neces- tions in the following services are not sity for regulation inconsistent with licensed under this part: this section. No application for waiver (a) Amateur Satellite Service, see 47 shall be considered unless it specifi- CFR part 97. cally sets forth the particular regula- (b) Direct Broadcasting Satellite tion for which waiver is sought. Waiv- Service, see 47 CFR part 100; and ers granted in accordance with this (c) Ship earth stations in the Mari- section shall not apply to later-enacted time Mobile Satellite Service, see 47 or amended regulations by the local CFR part 83. authority unless the Commission ex- pressly orders otherwise. [56 FR 24016, May 28, 1991]

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Subpart B—Applications and information concerning any applica- Licenses tion, or any other submission or pleading regarding an application, filed SOURCE: 56 FR 24016, May 28, 1991, unless under this part. otherwise noted. (b) Applicants, permittees and licensees of radio stations governed by this GENERAL APPLICATION FILING part shall provide the Commission with REQUIREMENTS all information it requires for the Ad- vance Publication, coordination and § 25.110 Filing of applications, fees, and number of copies. notification of frequency assignments pursuant to the international Radio (a) Standard application forms appli- Regulations and consultations required cable to this Part may be obtained by by Article XIV of the INTELSAT writing Federal Communications Com- Agreement and Article 8 of the mission, Forms Distribution Center, INMARSAT Convention. This informa- 2803 52nd Ave., Hyattsville, MD 20781 or tion includes, but is not limited to, calling (202) 632–FORM. that specified in appendices 3 and 4 of (b) Applications for satellite radio the Radio Regulations (Geneva 1979). station authorizations governed by this No protection from interference caused part and requiring a fee shall be mailed by radio stations authorized by other or hand-delivered to the locations spec- Administrations is guaranteed unless ified in part 1, subpart G of this chap- coordination procedures are timely ter. All other applications shall be sub- completed or, with respect to individ- mitted to the Secretary, Federal Com- ual administrations, by successfully munications Commission, 1919 M completing coordination agreements. Street, N.W., Washington, DC 20554. Any radio station authorization for (c) All correspondence and amend- which coordination has not been comments concerning an application shall pleted may be subject to additional clearly identify the satellite radio terms and conditions as required to ef- service, the name of the applicant, sta- fect coordination of the frequency as- tion location, the call sign or other signments with other Administrations. identification of the station, and the file number of the application involved § 25.112 Defective applications. (if available). (d) Except as otherwise specified, all (a) An application will be unaccept- applications, amendments, and cor- able for filing and will be returned to respondence shall be submitted in trip- the applicant with a brief statement licate, including exhibits and attach- identifying the omissions or discrep- ments thereto. All matters relating to ancies if: space station applications shall be sub- (1) The application is defective with mitted as an original and nine copies. respect to completeness of answers to (e) The original copy of the applica- questions, informational showings, in- tion shall be signed as specified in ternal inconsistencies, execution, or § 1.743 of this chapter, and shall supply other matters of a formal character; or the information prescribed by this Part (2) The application does not substan- for the particular authorization re- tially comply with the Commission’s quested. All other copies may be con- rules, regulations, specific requests for formed. additional information, or other re- (f) Each application shall be accom- quirements. panied by the appropriate fee, specified (b) Applications considered defective by, and submitted in accordance with, under paragraph (a) of this section may subpart G of part 1 of this Chapter. be accepted for filing if: [56 FR 24016, May 28, 1991, as amended at 60 (1) The application is accompanied by FR 5333, Jan. 27, 1995; 61 FR 9951, Mar. 12, a request which sets forth the reasons 1996] in support of a waiver of (or an exception to), in whole or in part, any spe- § 25.111 Additional information. cific rule, regulation, or requirement (a) The Commission may request with which the application is in con- from any party at any time additional flict;

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(2) The Commission, upon its own ing antenna structures, where FAA no- motion, waives (or allows an exception tification prior to such construction or to), in whole or in part, any rule, regu- alteration is not required by part 17 of lation or requirement. this chapter, must indicate such and, (c) If an applicant is requested by the unless the reason is obvious (e.g. struc- Commission to file any additional in- ture height is less than 6.10 meters formation or any supplementary or ex- AGL) must contain a statement ex- planatory information not specifically plaining why FAA notification is not required in the prescribed application required. form or these rules, a failure to comply (d) In addition to the construction with the request within a specified permit required by paragraph (a) of time period will be deemed to render this section, a launch authorization the application defective and will sub- must be applied for and granted before ject it to dismissal. a space station may be launched and operated in orbit. Request for launch § 25.113 Construction permits. and operation authorization and sta- (a) Except as provided in paragraph tion license may be included in the ap- (b) of this section or in § 25.131, con- plication for space station construction struction permits must be obtained for permit. A launch authorization and all fixed or temporary fixed earth sta- station license may also be requested tions and for all space station facilities at any time for a space station con- governed by this Part. Simultaneous structed as an on-ground spare sat- application for a construction permit ellite. However, an application for au- and station license may be made for all thority to launch and operate an on- earth station and space station facili- ground spare satellite will be consid- ties governed by this Part. ered to be a newly filed application for (b) Construction permits are not re- cut-off purposes, except where the quired for satellite earth stations that space station to be launched is deter- operate with INTELSAT or mined to be an emergency replacement INMARSAT space stations, or for earth for a previously authorized space sta- stations that operate with U.S.-li- tion which has been lost as a result of censed space stations. Construction of a launch failure or a catastrophic in- such stations may commence prior to orbit failure. grant of a license at the applicant’s (e) Antenna Structure Registration own risk. Applicants must comply with Number. Applications proposing con- the provisions of § 1.1312 of this chapter struction of one or more new antenna relating to environmental processing structures or alteration of the overall prior to commencing construction. A height of one or more existing struc- simultaneous application for a con- tures, where FAA notification prior to struction permit and station license such construction or alteration is re- may be made for all earth station and quired by part 17 of this chapter, must space station facilities governed by include the FCC Antenna Structure this part. Registration Number(s) for the affected (c) FAA notification. Before the con- structure(s). If no such number has struction of new antenna structures or been assigned at the time the applica- alteration in the height of existing an- tion is filed, the applicant must state tenna structures is authorized by the in the application whether or not the FCC, a Federal Aviation Administra- antenna structure owner has notified tion (FAA) determination of ‘‘no haz- the FAA of the proposed construction ard’’ may be required. To apply for this or alteration and applied to the FCC determination, the FAA must be noti- for an Antenna Structure Registration fied of the planned construction. Cri- Number in accordance with part 17 of teria used to determine whether FAA this chapter for the antenna structure notification is required for a particular in question. antenna structure are contained in (f) In addition to the construction part 17 of this chapter. Applications permit required by paragraph (a) of proposing construction of one or more this section, a launch authorization new antenna structures or alteration of must be applied for and granted before the overall height of one or more exist- a space station may be launched and

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operated in orbit. Request for launch (c) The following information shall authorization and station license may be contained in the separate applica- be included in the application for space tions: station construction permit. A launch (1) Name, post office address and tele- authorization and station license may phone number of the applicant. also be requested at any time for a (2) Name, address and telephone num- space station constructed as an on- ber of the person(s), including counsel, ground spare satellite. However, an ap- to whom inquiries or correspondence plication for authority to launch and should be directed. operate an on-ground spare domestic (3) Type of authorization requested satellite will be considered to be a (e.g., construction permit, launch au- newly filed application for cut-off pur- thority, station license, modification poses, except where the space station of authorization). to be launched is determined to be an (4) General description of overall sys- emergency replacement for a pre- tem facilities, operations and services. viously authorized space station which (5) Radio frequencies and polarization has been lost as a result of a launch plan (including beacon, telemetry, and failure or a catastrophic in-orbit fail- telecommand functions), center fre- ure. quency and polarization of transponders (both receiving and transmit- [56 FR 24016, May 28, 1991, as amended at 61 ting frequencies), emission designators FR 4366, Feb. 6, 1996; 61 FR 9951, Mar. 12, 1996] and allocated bandwidth of emission, final amplifier output power (identify § 25.114 Applications for space station any net losses between output of final authorizations. amplifier and input of antenna and (a) A comprehensive proposal shall be specify the maximum EIRP for each submitted for each proposed space sta- antenna beam), identification of which tion in narrative form with attached antenna beams are connected or exhibits as described in paragraph (c) switchable to each transponder and of this section. A separate application TT&C function, receiving system noise should be filed for each space station to temperature, the relationship between be constructed. If an applicant is pro- satellite receive antenna gain pattern posing more than one space station, in- and gain-to-temperature ratio and formation common to all space sta- saturation flux density for each an- tions may be submitted in a consoli- tenna beam (may be indicated on an- dated system proposal. This informa- tenna gain plot), the gain of each tion may be incorporated by reference transponder channel (between output in the individual space station applica- of receiving antenna and input of tions. transmitting antenna) including any (b) Each application for a new or adjustable gain step capabilities, and modified space station authorization predicted receiver and transmitter must constitute a concrete proposal for channel filter response characteristics. Commission evaluation, although the (6)(i) For geostationary satellite applicant may propose alternatives orbit satellites, orbital location, or lo- that increase flexibility in accommo- cations if alternatives are proposed, re- dating the satellite in orbit. Each ap- quested for the satellite, the factors plication must also contain the formal which support such an orbital assign- waiver required by section 304 of the ment, the range of orbital locations Communications Act, 47 CFR 304. The from which adequate service can be technical information for a proposed provided and the basis for determining satellite radio system need not be filed that range of orbital locations, and a on any prescribed form but should be detailed explanation of all factors that complete in all pertinent details. Ap- would limit the orbital arc over which plications should be captioned in a the satellite could adequately serve its manner that clearly distinguishes indi- expected users. vidual satellites within the applicant’s (ii) For non-geostationary satellite system. The format of the applications orbit satellites, the number of space should conform to the specifications of stations and applicable information re- § 1.49 of this chapter. lating to the number of orbital planes,

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the inclination of the orbital plane(s), (15) A detailed description of the ca- the orbital period, the apogee, the peri- pabilities, if any, of each proposed do- gee, the argument(s) of perigee, active mestic satellite to provide service to service arc(s), and right ascension of Alaska, Hawaii, and/or Puerto Rico/ the ascending node(s). Virgin Islands. (7) Predicted space station antenna (16) If the request is for additional or gain contour(s) for each transmit and replacement satellites, detailed infor- each receive antenna beam and nomi- mation on the historical use of the sys- nal orbital location requested. These tem transponder-by-transponder and contour(s) should be plotted on an area on a year-by-year basis, together with may at 2 dB intervals down to 10 dB a projection of the types and amount of below the peak value of the parameter services, including restoral or protec- and at 5 dB intervals between 10 dB and tion requirements, for each additional 20 dB below the peak values, with the satellite on a year-by-year and trans- peak value and sense of polarization ponder-by-transponder basis over the clearly specified on each plotted con- estimated lifetime of the satellite(s). tour. (17) A detailed schedule of the esti- (8) Estimated number and geographic mated investment costs and operating distribution of earth stations, and de- costs for the proposed system by year, scription of proposed arrangements for including annual depreciation, mainte- access to the system between the prem- nance and operating costs, and the ises of the users and the earth stations basis on which such costs are cal- for domestic satellites only. culated. Estimated annual revenue re- (9) A description of the types of serv- quirements should be provided in detail ices to be provided, the estimated de- on a year-by-year basis over the esti- mand for these services, and the areas mated design lifetime of the satellites, and entities to be served, including a including any pre-operational periods. description of the transmission charac- (18) Detailed information dem- teristics and performance objectives onstrating the financial qualifications for each type of proposed service, de- of the applicant to construct and tails of the link noise budget, typical launch the proposed satellites. Applica- or baseline earth station parameters, tions shall provide the financial infor- modulation parameters and overall mation required by § 25.140 (b) through link performance analysis (including (e) or § 25.142(a)(4). an analysis of the effects of each con- tributing noise and interference (19) Legal qualifications of applicant. source). An estimate of transponder ca- FCC Form 430 (Licensee Qualification pacity under each of the proposed oper- Report). If FCC Form 430 is already on ating conditions must also be supplied. file, indicate date, radio service and (10) Accuracy with which the orbital file number of most recent filing. inclination, the antenna axis attitude, (20) A clear and detailed statement of and longitudinal drift will be main- whether the space station is to be oper- tained. ated on a common carrier basis, or (11) Calculation of power flux density whether noncommon carrier trans- levels within each coverage area and of actions are proposed. If noncommon the energy dispersal, if any, needed for carrier transactions are proposed, de- compliance with § 25.208. scribe the nature of the transactions (12) Launch vehicles and arrange- and specify the number of transponders ments for procuring launch services. to be offered on a noncommon carrier (13) Arrangement for tracking, telem- basis. etry, and control. (21) Dates by which construction will (14) Physical characteristics of the be commenced and completed, launch space station including weight and di- date, and estimated date of placement mensions of spacecraft, detailed mass into service. (on ground and in-orbit) and power (be- (22) Public interest considerations in ginning and end of life) budgets, and es- support of grant. timated operational lifetime and reli- (23)–(24) [Reserved] ability of the space station and the (25) Applications for authorizations basis for that estimate. in the Radiodetermination Satellite

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Service shall also include the informa- blanket operating authority shall in- tion specified in § 25.141. clude the following: (26) Applications for authorizations (1) A general narrative section de- in the Mobile-Satellite Service in the scribing the applicant and the overall 1545–1559/1646.5–1660.5 MHz frequency system operation, bands shall also provide all informa- (2) A Form 430 (License Qualification tion necessary to comply with the poli- Report), cies and procedures set forth in Rules (3) A Form 493 for each large (5 me- and Policies Pertaining to the Use of ters or larger) hub station operating Radio Frequencies in a Land Mobile with the network, Satellite Service, 52 FR 4017 (Feb. 9, (4) A Form 493 for each representa- 1987), 2 FCC Rcd 485 (1987). tive type of small antenna (less than 5 (27) Applications to license multiple meters), and space station systems in the non-voice, (5) A designation of a point of con- non-geostationary mobile-satellite tact where records of location and fre- service under blanket operating au- quency use will be maintained. thority shall also provide all informa- (d) User transceivers in the NVNG tion specified in § 25.142. and 1.6/2.4 GHz Mobile-Satellite Service (28) Applications for authorizations need not be individually licensed. Serv- in the 1.6/2.4 GHz Mobile-Satellite Serv- ice vendors may file blanket applica- ice shall also provide all information tions for transceiver units using FCC specified in § 25.143. Form 493 and specifying the number of (d) Applicants requesting authority units to be covered by the blanket li- to construct and/or launch a system cense. Each application for a blanket comprised of technically identical, license under this section shall include non-geostationary satellite orbit mo- the following: bile-satellite service space stations (1) A general narrative section de- may file a single ‘‘blanket’’ application scribing the applicant and the overall containing the information specified in system operation, paragraph (c) of this section for each (2) A Form 430 (Licensee Qualifica- representative space station. tion Report), if not already on file in [56 FR 24016, May 28, 1991, as amended at 57 conjunction with other facilities li- FR 14798, Apr. 23, 1992; 58 FR 68059, Dec. 23, censed under this subpart, 1993; 59 FR 53326, Oct. 21, 1994; 61 FR 9945, (3) A Form 493 for each representa- 9952, Mar. 12, 1996] tive type of user transceiver terminal unit, § 25.115 Application for earth station authorizations. (4) A designation of a point of contact where records of individual users (a) Transmitting earth stations. Ex- will be maintained. cept as provided under § 25.113(b), Com- mission authorization must be ob- In addition, applicants in the NVNG tained for authority to construct and/ MSS service shall provide the informa- or operate a transmitting earth station described in § 25.135. Applicants in tion. Applications shall be filed on FCC the 1.6/2.4 GHz Mobile-Satellite Service Form 493 (Application for Authoriza- shall demonstrate that the stations tion of Earth Station or for Modifica- comply with the technical require- tion of Station License) and include ments specified in § 25.213. the information specified in § 25.130. [56 FR 24016, May 28, 1991, as amended at 58 (b) Receive-only earth stations. Ap- FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, plications to license or register re- 1994; 61 FR 9952, Mar. 12, 1996] ceive-only earth stations shall be filed on FCC Form 493 and conform to the § 25.116 Amendments to applications. provisions of § 25.131. (a) Unless otherwise specified, any (c) Large Networks of Small Anten- pending application may be amended nas operating in the 12/14 GHz bands until designated for hearing, a public with U.S. satellites for domestic serv- notice is issued stating that a sub- ices. Applications to license small an- stantive disposition of the application tenna network systems operating in is to be considered at a forthcoming the 12/14 GHz frequency band under Commission meeting, or a final order

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disposing of the matter is adopted by whose discovery does not create new or the Commission. increased frequency conflicts; or (b) Major amendments submitted (4) The amendment does not create pursuant to paragraph (a) of this sec- new or increased frequency conflicts, tion are subject to the public notice re- and is demonstrably necessitated by quirements of § 25.151. An amendment events which the applicant could not will be deemed to be a major amend- have reasonably foreseen at the time of ment under the following cir- filing. cumstances: (d) Any amendment to an application (1) If the amendment increases the shall be signed and submitted in the potential for interference, or changes same manner, and with the same num- the proposed frequencies or orbital lo- ber of copies, as was the original applications to be used. cation. (2) If the amendment would convert the proposal into an action that may § 25.117 Modification of station license. have a significant environmental effect under § 1.1307 of this chapter. (a) Except as provided, no modifica- (3) If the amendment specifies a sub- tion of a radio station governed by this stantial change in beneficial ownership part which affects the parameters or terms and conditions of the station au- or control (de jure or de facto) of an applicant such that the change would re- thorization shall be made except upon quire, in the case of an authorized sta- application to and grant of such appli- tion, the filing of a prior assignment or cation by the Commission. No license transfer of control application under modification will be required if the li- section 310(d) of the Communications censee seeks to access another U.S.-li- Act, provided however, that the change censed fixed satellite provided: would not be considered major where it (1) Consultations pursuant to Article merely amends an application to re- XIV(d) of the INTELSAT Agreement flect a change in ownership or control have been completed for the satellites, of the station that had been previously services and countries involved; and approved by the Commission. (2) The operators of the U.S.-licensed (4) If the amendment, or the cumu- systems have received specific author- lative effect of the amendment, is de- ization to provide the services to the termined by the Commission otherwise proposed locations. to be substantial pursuant to section (b) Applications for modification of 309 of the Communications Act. an earth station license to add, change (c) Any application will be considered or replace transmitters or antenna fa- to be a newly filed application if it is cilities conforming to § 25.209 will be amended by a major amendment (as de- considered to be minor modifications if fined by paragraph (b) of this section) the particulars of operations remain after a ‘‘cut-off’’ date applicable to the unchanged and frequency coordination application, except under the following is not required, provided however, that circumstances: the maximum power and power density (1) The amendment resolves fre- delivered into any antenna at the earth quency conflicts with authorized sta- station site shall not exceed the values tions or other pending applications but calculated by subtracting the maxi- does not create new or increased fre- mum antenna gain specified in the li- quency conflicts; cense from the maximum authorized (2) The amendment reflects only a e.i.r.p. and e.i.r.p. density values. change in ownership or control found (c) Applications for modification of by the Commission to be in the public earth station authorizations shall be interest and, for which a requested ex- submitted on FCC Form 493 except as emption from a ‘‘cut-off’’ date is grant- set forth in paragraph (e) of this sec- ed; tion. (3) The amendment corrects typo- (d) Applications for modifications of graphical, transcription, or similar space station authorizations shall be clerical errors which are clearly dem- filed in accordance with § 25.114, but onstrated to be mistakes by reference only those items of information listed to other parts of the application, and in § 25.114(c) that change need to be

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submitted provided the applicant cer- ability) the station authorization. In tifies that the remaining information the case of involuntary assignment (or has not changed. transfer of control), the applications (e) Any application for modification should be filed within 10 days of the of authorization to extend a required event causing the assignment (or date of completion (e.g., begin con- transfer of control). FCC Form 702 struction, complete construction, shall also be used for non-substantial launch, bring into operation) shall be (pro forma) assignments. In addition, filed on FCC Form 701 (Application for FCC Form 430 shall be submitted by Additional Time to Construct). The ap- the proposed assignee of a transmitting plication must include a verified state- station unless the assignee has a cur- ment from the applicant: rent and substantially accurate report (1) That states the additional time is on file with the Commission. required due to unforeseeable cir- (d) Transfer of control of corporation cumstances beyond the applicant’s con- holding a license. FCC Form 704 (Appli- trol, describes these circumstances cation for Consent to Transfer of Con- with specificity, and justifies the pre- trol) shall be submitted in order to cise extension period requested; or transfer voluntarily or involuntarily (2) That states there are unique and (de jure or de facto) control of a cor- overriding public interest concerns poration holding any licenses. FCC that justify an extension, identifies Form 704 shall also be used for non-sub- these interests and justifies a precise stantial (pro forma) transfers of con- extension period. trol. In addition, FCC Form 430 shall be submitted by the proposed transferee [56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996] of a transmitting station unless the transferee has a current and substan- § 25.118 Assignment or transfer of con- tially accurate report on file with the trol of station authorization. Commission. (a) No station license, nor any rights (e) Whenever a group of station li- thereunder, shall be transferred, as- censes in the same radio service for the signed, or disposed of in any manner, same class of facility licensed to the voluntarily or involuntarily, directly same entity is to be assigned or trans- or indirectly, or by transfer of control ferred to a single assignee or trans- of any corporation or any other entity feree, a single application may be filed holding such license, to any person ex- to cover the entire group, if the appli- cept upon application to the Commis- cation identifies in an exhibit each sta- sion and upon finding by the Commis- tion by call sign, station location and sion that the pubic interest, conven- expiration date of license. ience and necessity will be served (f) Assignments and transfers of con- thereby. trol shall be completed within 60 days (b) For purposes of this section, from the date of authorization. The transfers of control requiring Commis- Commission shall be notified by letter sion approval shall include any and all of the date of consummation and the transactions that: file numbers of the applications in- (1) Change the party controlling the volved in the transaction. affairs of the licensee, or [56 FR 24016, May 20, 1991; 56 FR 29757, June (2) Affect any change in a controlling 20, 1991] interest in the ownership of the licensee, including changes in legal or § 25.119 Application for special tem- equitable ownership. porary authorization. (c) Assignment of license. FCC Form (a) In circumstances requiring imme- 702 (Application for Consent to Assign- diate or temporary use of facilities, re- ment of Radio Station Construction quest may be made for special tem- Permit or License for Stations in Serv- porary authority to install and/or oper- ices Other than Broadcast) shall be ate new or modified equipment. The re- submitted to assign voluntarily (as by, quest must contain the full particulars for example, contract or other agree- of the proposed operation including all ment) or involuntarily (as by, for ex- facts sufficient to justify the tem- ample, death, bankruptcy, or legal dis- porary authority sought and the public

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interest therein. No request for tem- earth station antenna is 6.10 meters or porary authority will be considered unless above ground level (AGL), must less it is received by the Commission at contain a statement explaining why least 3 working days prior to the date FAA notification is not required. of proposed construction or operation [56 FR 24016, May 28, 1991, as amended at 61 or, where an extension is sought, the FR 4367, Feb. 6, 1996] expiration date of the existing temporary authorization. A request re- § 25.120 License term and renewals. ceived within less than 3 working days (a) License term. Licenses for facili- may be accepted only upon due show- ties governed by this Part will be is- ing of extraordinary reasons for the sued for a period of 10 years, except de- delay in submitting the request which velopmental licenses which will be is- could not have been earlier foreseen by sued for period of 1 year. the applicant. A copy of the request for (b) The Commission reserves the special temporary authority also shall right to grant or renew station licenses be forwarded to the Commission’s Lau- for less than 10 years if, in its judg- rel, Maryland Field Office. ment, the public interest, convenience (b) The Commission may grant a and necessity will be served by such ac- temporary authorization for a period tion. not to exceed 180 days, with additional (c) For earth stations, the license periods not exceeding 180 days, upon a term will be specified in the instru- finding that there are extraordinary ment of authorization. circumstances requiring temporary op- (d) Space stations. erations in the public interest and that (1) For geostationary satellite orbit delay in the institution of these tem- satellites, the license term will begin porary operations would seriously prej- at 3 a.m. EST on the date the licensee udice the public interest. Convenience certifies to the Commission that the to the applicant, such as marketing satellite has been successfully placed considerations of meeting scheduled into orbit and that the operations of customer in-service dates, will not be the satellite fully conform to the terms deemed sufficient for this purpose. and conditions of the space station (c) Each application proposing con- radio authorization. struction of one or more earth station (2) For non-geostationary satellite antennas or alteration of the overall orbit satellites, the license term will height of one or more existing earth begin at 3 a.m. EST on the date that station antenna structures, where FAA the licensee certifies to the Commis- notification prior to such construction sion that its initial space station has or alteration is required by part 17 of been successfully placed into orbit and this chapter, must include the FCC An- that the operations of that satellite tenna Structure Registration Num- fully conform to the terms and condi- ber(s) for the affected satellite earth tions of the space station system au- station antenna(s). If no such number thorization. All space stations has been assigned at the time the ap- launched and brought into service dur- plication(s) is filed, the applicant must ing the ten-year license term shall op- state in the application whether the erate pursuant to the system author- satellite earth station antenna owner ization, and the operating authority has notified the FAA of the proposed for all space stations will terminate construction or alteration and applied upon the expiration of the system li- to the FCC for an Antenna Structure cense. Registration Number in accordance (e) Renewal of licenses. Applications with part 17 of this chapter. Applica- for renewals of earth station licenses tions proposing construction of one or must be submitted on FCC Form 405 more earth station antennas or alter- (Application for Renewal of Radio Sta- ation of the overall height of one or tion License in Specified Services) no more existing earth station antennas, earlier than 90 days, and no later than where FAA notification prior to such 30 days, before the expiration date of construction or alteration is not re- the license. Applications for space sta- quired by part 17 of this chapter, must tion system replacement authorization indicate such and, unless the satellite for non-geostationary orbit satellites

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shall be filed no earlier than 90 days, plication(s) is filed, the applicant must and no later than 30 days, prior to the state in the application whether the end of the seventh year of the existing satellite earth station antenna owner license term. has notified the FAA of the proposed [56 FR 24016, May 28, 1991, as amended at 58 construction or alteration and applied FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, to the FCC for an antenna Structure 1994] Registration Number in accordance with part 17 of this chapter. Applica- EARTH STATIONS tions proposing construction of one or more earth station antennas or alter- § 25.130 Filing requirements for trans- ation of the overall height of one or mitting earth stations. more existing earth station antennas, (a) Applications for a new or modi- where FAA notification prior to such fied transmitting earth station facility construction or notification or alter- shall be submitted on FCC Form 493, ation is not required by part 17 of this accompanied by any required exhibits. chapter, must indicate such and, unless (b) A frequency coordination analysis the satellite earth station antenna is in accordance with § 25.203 shall be pro- 6.10 meters or less above ground level vided for earth stations transmitting (AGL), must contain a statement ex- in the frequency bands shared with plaining why FAA notification is not equal rights between terrestrial and required. space services, except that applications for user transceiver units associated [56 FR 24016, May 28, 1991, as amended at 58 with the NVNG mobile-satellite service FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, shall instead provide the information 1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar. 12, 1996] required by § 25.135 and applications for user transceiver units associated with § 25.131 Filing requirements for re- the 1.6/2.4 GHz Mobile-Satellite Service ceive-only earth stations. shall demonstrate that user transceiver operations comply with the re- (a) Except as provided in paragraphs quirements set forth in § 25.213. (b) and (j) of this section, applications (c) In those cases where an applicant for a license for a receive-only earth is filing a number of essentially similar station shall be submitted on FCC applications, showings of a general na- Form 493, accompanied by any required ture applicable to all of the proposed exhibits. stations may be submitted in the ini- (b) Except as provided in paragraph tial application and incorporated by (j) of this section, receive-only earth reference in subsequent applications. stations may be registered with the (d) Transmission of signals or pro- Commission in order to protect them gramming to non-U.S. satellites, or to from interference from terrestrial foreign points by means of U.S.-li- microwave stations in bands shared co- censed fixed satellites, may be subject equally with the fixed service in ac- to restrictions as a result of inter- cordance with the procedures of § 25.203 national agreements or treaties. The and §§ 25.251 through 25.256. Commission will maintain public infor- (c) Licensing or registration of re- mation on the status of any such ceive-only earth stations with the agreements. Commission confers no authority to re- (e) Each application proposing con- ceive and use signals or programming struction of one or more earth station received from satellites. See section 705 antennas or alteration of the overall of the Communications Act. 47 U.S.C. height of one or more existing earth 605. station antennas, where FAA notifica- (d) Applications for registration shall tion prior to such construction or al- be filed on FCC Form 493 accompanied teration is required by part 17 of this by the coordination exhibit required by chapter, must include the FCC An- § 25.203, and any other required exhib- tenna Structure Registration Num- its. Any application which is deficient ber(s) for the affected satellite earth or incomplete in any respect shall be station antenna(s). If no such number immediately returned to the applicant has been assigned at the time the ap- without processing.

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(e) Complete applications for reg- § 25.132 Verification of earth station istration will be placed on public no- antenna performance standards. tice for 30 days and automatically (a) All applications for transmitting granted if no objection is submitted to earth stations in the C and Ku-bands the Commission and served on the ap- must be accompanied by a certificate plicant. Additional pleadings are au- pursuant to § 2.902 of the chapter from thorized in accordance with § 1.45 of the manufacturer of each antenna that this chapter. the results of a series of radiation pat- (f) The registration of a receive-only tern tests performed on representative earth station results in the listing of equipment in representative configura- an authorized frequency band at the lo- tions by the manufacturer which dem- cation specified in the registration. In- onstrates that the equipment complies terference protection levels are those with the performance standards set agreed to during coordination. forth in § 25.209. The licensee must be (g) Reception of signals or program- prepared to demonstrate the measure- ming from non-U.S. satellites may be ments to the Commission on request in subject to restrictions as a result of the course of an investigation of a international agreements or treaties. harmful interference incident. The Commission will maintain public (b)(1) In order to demonstrate com- information on the status of any such pliance with § 25.209 (a) and (b), the fol- agreements. lowing measurements on a production (h) Registration term: Registrations antenna performed on calibrated an- for receive-only earth stations gov- tenna range, as a minimum, shall be erned by this section will be issued for made at the bottom, middle and top of a period of 10 years from the date on each allocated frequency band and sub- which the application was filed. Appli- mitted to the Commission: cations for renewals of registrations (i) Co-polarized patterns for each of must be submitted on FCC Form 405 two orthogonal senses of polarizations (Application for Renewal of Radio Sta- in two orthogonal cuts of the antenna. tion License in Specified Services) no (A) In the azimuth plane, plus and earlier than 90 days and no later than minus 7 degrees and plus and minus 180 30 days before the expiration date of degrees. the registration. (B) In the elevation plane, zero to (i) Applications for modification of forty-five degrees. license or registration of receive-only (ii) Cross-polarization patterns in the earth stations shall be made in con- E- and H-planes, plus and minus 9 de- formance with § 25.117 of this part. Reg- grees. istrants are required to notify the (iii) Main beam gain. Commission when a receive-only earth (2) The FCC envelope specified in station is no longer operational or § 25.209 shall be superimposed on each when it has not been used to provide pattern. The minimum tests specified any service during any 6 month period. above are recognized as representative (j) Receive-only earth stations oper- of the performance of the antenna in ating with INTELSAT space stations, most planes although some increase in or U.S.-licensed and non-U.S. space sta- sidelobe levels should be expected in tions for reception of services from the spar planes and orthogonal spar other countries, shall file an FCC Form planes. 493 requesting a license for such sta- (c) The tests specified in paragraph tion. Receive-only earth stations used (b) of this section are normally per- to receive INTELNET I services from formed at the manufacturer’s facility; INTELSAT space stations need not file but for those antennas that are very for licenses. See Deregulation of Re- large and only assembled on-site, on- ceive-Only Satellite Earth Stations Op- site measurements may be used for erating with the INTELSAT Global product qualification data. If on-site Communications Satellite System, De- data is to be used for qualification, the claratory Ruling, RM No. 4845, FCC 86– test frequencies and number of pat- 214 (released May 19, 1986). terns should follow, where possible, the [56 FR 24016, May 28, 1991, as amended at 61 recommendations in paragraph (b) of FR 9952, Mar. 12, 1996] this section, and the test data is to be

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submitted in the same manner as de- tion must be completed and the station scribed in paragraph (a) of this section. must be brought into regular operation (d) For each new or modified trans- within 12 months from the date of the mitting antenna over 3 meters in diam- construction permit and/or license eter, the following on-site verification grant except as may be otherwise de- measurements must be completed at termined by the Commission for any one frequency on an available trans- particular application. ponder in each frequency band of inter- (b) Each license for a transmitting est and submitted to the Commission. earth station included in this part (1) Co-polarized patterns in the elevation plane, plus and minus 7 degrees, shall also specify as a condition therein in the transmit band. that upon the completion of construc- (2) Co-polarized patterns in the azi- tion, each licensee must file with the muth and elevation planes, plus and Commission a certification containing minus 7 degrees, in the receive band. the following information: The name of (3) System cross-polarization discrimina- the licensee; file number of the application on-axis. The FCC envelope specified tion; call sign of the antenna; date of in § 25.209 shall be superimposed on the license; a certification that the fa- each pattern. The transmit patterns cility as authorized has been completed are to be measured with the aid of a co- and that each antenna facility has been operating earth station in coordination tested and is within 2 dB of the pattern with the satellite system control cen- specified in § 25.209, § 25.135 (NVNG MSS ter under the provisions of § 25.272.§ earth stations), or § 25.213 (1.6/2.4 GHz (e) Certification that the tests re- Mobile-Satellite Service earth sta- quired by paragraph (c) of this section tions); the date on which the station have been satisfactorily performed became operational; and a statement shall be provided to the Commission in that the station will remain oper- notification that construction of the ational during the license period unless facilities has been completed as re- the license is submitted for cancella- quired by § 25.133. tion. For stations authorized under (f) Antennas less than 3 meters in diameter and antennas on simple (man- § 25.115(c) of this part (Large Networks ual) drive mounts that are operated at of Small Antennas operating in the 12/ a fixed site are exempt from the re- 14 GHz bands) and § 25.115(d) of this part quirements of paragraphs (c) and (d) of (User Transceivers in the Mobile-Sat- this section provided that a detailed ellite Service), a certificate must be technical showing is made that con- filed when the network is put into op- firms proper installation, pointing pro- eration. cedures, and polarization alignment (c) If the facility does not meet the and manufacturing quality control. technical parameters set forth in These showing must also include a plan § 25.209, a request for a waiver must be for periodic testing and field installa- submitted and approved by the Com- tion procedures and precautions. mission before operations may com- (g) Records of the results of the tests mence. required by this section must be main- (d) Each receiving earth station li- tained at the antenna site or the earth censed or registered pursuant to § 25.131 station operator’s control center and must be constructed and placed into be available for inspection. service within 6 months after coordina- [58 FR 13419, Mar. 11, 1993] tion has been completed. Each licensee or registrant must file with the Com- § 25.133 Period of construction; certifi- mission a certification that the facility cation of commencement of operation. is completed and operating as provided in paragraph (b) of this section, with (a) Each license for an earth station the exception of certification of an- governed by this part shall specify as a tenna patterns. condition therein the period in which construction of facilities must be com- [56 FR 24016, May 28, 1991, as amended at 58 pleted and station operation com- FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, menced. Construction of the earth sta- 1994]

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§ 25.134 Licensing Provisions of Very Applicants shall provide proof by affi- Small Aperture Terminal (VSAT) davit that all potentially affected par- Networks. ties acknowledge and do not object to (a) All applications for digital VSAT the use of the applicant’s higher power networks with maximum outbound density. downlink power densities of +6.0 dBW/4 (c) Licensees authorized pursuant to kHz per carrier and maximum antenna paragraph (b) of this section shall bear input power densities of ¥14 dbw/4 kHz the burden of coordinating with any fu- will be processed routinely pursuant to ture applicants or licensees whose pro- Declaratory Order in the Matter of posed compliant VSAT operations, as Routine Licensing of Large Networks defined by paragraph (a) of this sec- of Small Antenna Earth Stations Oper- tion, is potentially or actually ad- ating in the 12/14 GHz Frequency versely affected by the operation of the Bands, 51 FR 15067 (April 22, 1986) non-compliant licensee. If no good (VSAT Order). All applications for ana- faith agreement can be reached, how- log VSAT networks with maximum ever, the non-compliant licensee shall outbound downlink power densities of reduce its power density levels to those +13.0 dBW/4 kHz per carrier and maxi- compliant with the VSAT Order or the mum antenna input power densities of Declaratory Order, whichever is appli- ¥8.0 dBW/4 kHz shall be processed rou- cable. tinely in accordance with Declaratory [56 FR 66001, Dec. 20, 1991] Order in the Matter of Routine Licens- ing of Earth Stations in the 6 GHz and § 25.135 Licensing provisions for earth 14 GHz Bands Using Antennas Less station networks in the non-voice, than 9 Meters and 5 Meters in Diame- non-geostationary mobile-satellite ter, Respectively, for Both Full Trans- service. ponder and Narrowband Transmissions, (a) Each applicant for a blanket 2 FCC Rcd 2149 (1987) (Declaratory earth station license in the non-voice, Order). non-geostationary mobile-satellite (b) Each applicant for digital and/or service shall demonstrate that trans- analog VSAT network authorization ceiver operations will not cause unac- proposing to use transmitted satellite ceptable interference to other author- carrier power densities in excess of +6.0 ized users of the spectrum, based on ex- dBW/4 kHz per carrier and +13.0 dBW/4 isting system information publicly kHz, respectively, and/or maximum an- available at the Commission at the tenna input power densities of ¥14.0 time of filing, and will comply with dBW/4 kHz and ¥8.0 dBW/4 kHz, respec- operational conditions placed upon the tively, shall conduct an engineering systems with which they are to operate analysis using the Sharp, Adjacent in accordance with § 25.142(b). This Satellite Interference Analysis (ASIA) demonstration shall include a showing program. Applicants shall submit a as to all the technical parameters, incomplete description of those baseline cluding duty cycle and power limits, parameters they use in conducting under which the individual user their analysis and tabular summaries transceivers will operate. of the ASIA program’s output detailing (b) Transceiver units associated with potential interference shortfalls. Appli- the non-voice, non-geostationary mo- cants shall also submit a narrative bile-satellite service may not be oper- summary which must indicate whether ated on civil aircraft. All portable or there are margin shortfalls in any of hand-held transceiver units (including the current baseline services as a re- transceiver units installed in other de- sult of the addition of the new appli- vices that are themselves portable or cant’s high power service, and if so, hand-held) having a receiver operating how the applicant intends to resolve in the 137–138 MHz band shall bear the those margin shortfalls. Applicants following statement in a conspicuous shall submit link budget analyses of location on the device: ‘‘This device the operations proposed along with a may not be operated while on board a detailed written explanation of how civil aircraft. It must be turned off at each uplink and each transmitted sat- all times while on board such an air- ellite carrier density figure is derived. craft.’’ This subsection shall not apply

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to transceiver units whose receivers ated with and licensed to the system are incapable of radiating in the 108–137 operator or service vendor holding the MHz frequency bands. blanket earth station license awarded (c) Transceiver units in this service pursuant to Section 25.115(d). The do- are authorized to communicate with mestic earth station licensee shall, for and through U.S. authorized space sta- this temporary period, assume the tions only. No person shall transmit to same licensee responsibility for the a space station unless the specific user transceiver as if the user trans- transmission is first authorized by the ceiver were regularly licensed to it. space station licensee or by a service vendor authorized by that licensee. [59 FR 53327, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996] (d) Any transceiver unit associated with this service will be deemed, when SPACE STATIONS communicating with a particular non- voice, non-geostationary mobile-sat- § 25.140 Qualifications of fixed-satellite ellite service system pursuant to para- space station licensees. graph (c) of this section, to be tempo- (a) New fixed-satellites shall comply rarily associated with and licensed to with the requirements established in the system operator or service vendor Report and Order in CC Docket No. 81– holding the blanket earth station li- 704. The requirements for radio station cense awarded pursuant to § 25.115(d). applications for new fixed-satellites are The domestic earth station licensee specified in Appendix B to the Commis- shall, for such temporary period, as- sion’s 1983 Processing Order (93 FCC2d sume the same licensee responsibility 1260 (1983)). Applications must also for such transceiver as if such trans- meet the requirements in paragraphs ceiver were regularly licensed to it. (b) through (e) of this section. The [58 FR 68059, Dec. 23, 1993] Commission may require additional or different information in the case of any § 25.136 Operating provisions for earth individual application. Applications station networks in the 1.6/2.4 GHz will be unacceptable for filing and will mobile-satellite service. be returned to the applicant if they do In addition to the technical require- not meet the requirements referred to ments specified in § 25.213, earth sta- in this paragraph. tions operating in the 1.6/2.4 GHz Mo- (b) Each applicant for a space station bile-Satellite Service are subject to the authorization in the fixed-satellite following operating conditions: service must demonstrate, on the basis (a) User transceiver units associated of the documentation contained in its with the 1.6/2.4 Mobil-Satellite service application, that it is legally, finan- may not be operated on civil aircraft cially, technically, and otherwise unless the earth station has a direct qualified to proceed expeditiously with physical connection to the aircraft the construction, launch and/or oper- Cabin Communication system. ation of each proposed space station fa- (b) User transceiver units in this cility immediately upon grant of the service are authorized to communicate requested authorization. Each appli- with and through U.S. authorized space cant must provide the following infor- stations only. No person shall transmit mation: to a space station unless the user (1) The information specified in transceiver is first authorized by the § 25.114. space station licensee or by a service (2) Financial qualifications should be vendor authorized by that licensee, and demonstrated in the form specified the specific transmission is conducted below. Failure to make such a showing in accordance with the operating pro- shall result in the dismissal of the ap- tocol specified by the system operator. plication. (c) Any user transceiver unit associ- (3) An interference analysis to dem- ated with this service will be deemed, onstrate the compatibility of its pro- when communicating with a particular posed system 2° from any authorized 1.6/2.4 GHz Mobile-Satellite Service space station. Applicants should pro- system pursuant to paragraph (b) of vide details of their proposed r.f. car- this section, to be temporarily associ- riers which they believe should be

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taken into account in these analyses. operation of the requested facilities in- At a minimum, the applicant must including such information as the iden- clude, for each type of r.f. carrier, the tity of the creditor (or creditors), the link noise budget, modulation param- amount committed, letters of commit- eters, and overall like performance ment, detailed terms of the trans- analysis. (See, e.g., appendices B and C action, including the details of any to Licensing of Space Stations in the contingencies, and a statement that Domestic Fixed-Satellite Service, 48 paragraph (e) of this section is com- FR 40233 (September 6, 1983).) plied with; (c) Each application for authority to (ii) The terms of any fully negotiated construct and/or to launch and operate sale or placement of any equity or a space station in this service shall in- other form of ownership interest, include a detailed statement of esti- cluding the sale, or long-term lease for mated investment and operating costs the lifetime of the satellite, of pro- for the expected lifetime of the facil- posed satellite transponder capacity in ity, and shall demonstrate in accord- the level of detail as specified in para- ance with paragraph (d) of this section graph (d)(2)(i) of this section; the applicant’s current financial abil- (iii) The terms of any grant, or other ity to meet the: external funding commitment intended (1) Estimated costs of proposed con- to be used to finance the proposed construction and/or launch, and any other struction, acquisition or operation of initial expenses for the space sta- the requested facilities including such tion(s); and information as the identity of the (2) Estimated operating expenses for grantor(s), the amount committed, let- one year after launch of the proposed ters of commitment, and detailed space station(s). terms of the transaction, including the (d) Each application for authority to details of any contingencies; construct and/or launch a space station (iv) Any financing arrangements con- shall demonstrate an applicant’s cur- tingent on further performance by ei- rent financial ability to meet the costs ther party, such as marketing of sat- specified in paragraph (c) of this sec- ellite capacity or raising additional fi- tion by submitting the following finan- nancing, will not satisfy the require- cial information verified by affidavit: ments of paragraph (c) of this section. (1) A balance sheet current for the (3) Whatever other information or de- latest fiscal year and documentation of tails the Commission may require with any financial commitments reflected regard to a specific application or ap- in the balance sheet (such as, for exam- plicant; ple, loan agreements and service con- (e) Any loan or other credit arrange- tracts) together with an exhibit dem- ment providing for a chattel mortgage onstrating that the applicant has cur- or secured interest in any proposed fa- rent assets and operating income suffi- cility must include a provision for a cient to satisfy the requirements of minimum of ten (10) days prior written paragraph (c) of this section. If the ap- notification to the licensee or permit- plicant is owned by more than one cor- tee, and to the Commission, before any porate parent, it must submit evidence such equipment may be repossessed of a commitment to the proposed sat- under default provision of the agree- ellite program by management of the ment. corporate parent upon whom it is rely- (f) An applicant found to be qualified ing for financial resources; pursuant to paragraph (b) of this sec- (2) If the submissions of paragraph tion may be initially assigned up to (d)(1) of this section do not satisfy two orbital locations in each pair of paragraph (c) of this section, the appli- frequency bands proposed. Authoriza- cant shall submit additional informa- tions to construct ground spares are at tion as listed below to satisfy para- the applicant’s risk that launch au- graph (c) of this section. thorization will not be granted by the (i) The terms of any fully negotiated Commission. loan or other form of credit arrange- (g) Each applicant found to be quali- ment intended to be used to finance the fied pursuant to paragraph (b) of this proposed construction, acquisition, or section may be assigned no more than

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one additional orbital location beyond ply with the requirements of paragraph its current authorizations in each fre- (f) of this section. quency band in which it is authorized (b) Space station application proce- to operate, provided that its in-orbit dures. Each application for a space sta- satellites are essentially filled and that tion in the radiodetermination sat- it has no more than two unused orbital ellite service shall be placed on public locations for previously authorized but notice for 60 days, during which time unlaunched satellites in that band. interested parties may file comments (h) In the event that one or more ap- and petitions related to the applica- plications satisfying the requirements tion. A 60 day cut-off period shall also of this section are ready for grant, any be established for the filing of applica- orbital location occupied by a satellite tions to be considered in conjunction that is determined to be a part of a sys- with an original application. tem that is not essentially filled may (c) User transceivers. Individual user be cancelled and colocation of in-orbit transceivers will not be licensed. Serv- satellites may be required. The Com- ice vendors may file blanket applica- mission may take this action if, in so tions for transceiver units using FCC doing, it would allow the grant of pend- Form 493 and specifying the number of ing applications that satisfy the re- units to be covered by the blanket li- quirements of this section. If a can- cense. FCC Form 430 should be submit- cellation is made, the licensee will be ted if not already on file in conjunction afforded a period of 30 days to notify with other facilities licensed under this the Commission which of its assigned subpart. Each application must dem- locations should be cancelled. onstrate that transceiver operations will not cause interference to other [56 FR 24016, May 28, 1991, as amended at 58 users of the spectrum. FR 68060, Dec. 23, 1993; 61 FR 9952, Mar. 12, 1996] (d) Permissible communications. Sta- tions in this service are authorized to § 25.141 Licensing provisions for the render radiodetermination service, and radiodetermination satellite serv- may not render other services except ice. as ancillary to the radiodetermination service. (a) Space station application requirements. Each application for a space sta- (e) Frequency allocation policies. tion license in the radiodetermination Each radiodetermination satellite serv- satellite service shall describe in detail ice licensee will be assigned the entire the proposed radiodetermination sat- allocated frequency bands on a non-exclusive basis. Coding techniques and ellite system, setting forth all perti- power limits as set forth in paragraph nent technical and operational aspects (f) of this section and orbital spacing of the system, including its capability shall be employed to avoid harmful infor providing and controlling radio- terference with other radiodetermin- determination service on a geographic ation satellite service systems. basis, and the technical, legal and financial qualifications of the applicant. (f) Radiodetermination satellite service. In particular, each application shall in- Licenses shall coordinate with radiodetermination satellite system licens- clude the information specified in Ap- ees to avoid harmful interference to pendix B of Space Station Application other radiodetermination satellite sys- Filing Procedures, 93 FCC 2d 1260, 1265 tems through: (1983), except that in lieu of demonstrating compliance with item II.F (1) Power flux density limits; (two degree spacing), applicants are re- (2) Use of pseudorandom-noise codes quired to demonstrate compatibility (for both the satellite-to-user link and with licensed satellite systems in the for the user-to-satellite link); and same frequency band. Applicants must (3) Random access, time division also file information demonstrating multiplex techniques. compliance with all requirements of Licensees shall coordinate with 1.6/2.4 this section, specifically including in- GHz Mobile-Satellite Service system li- formation demonstrating how the ap- censees to avoid interference to 1.6/2.4 plicant has complied or plans to com- GHz Mobile-Satellite Service systems.

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(g) License conditions. All authoriza- footnotes 599A and 647B of § 2.106 of the tions in the radiodetermination sat- Commission’s Rules. In addition, appli- ellite service shall be subject to the cants must identify the measures they policies set forth in the Report and would employ to protect the radio as- Order, including compliance with ap- tronomy service in the 150.05–153 MHz pendix D, and the Second Report and and 406.1–410 MHz bands from harmful Order in General Docket Nos. 84–689 interference from unwanted emissions. and 84–690 and to any policies and rules (3) Emission limitations. (i) Appli- the Commission may adopt at the later cants in the non-voice, non-geo- date. stationary mobile-satellite service [56 FR 24016, May 28, 1991, as amended at 59 shall show that their space stations FR 53327, Oct. 21, 1994] will not exceed the emission limitations of § 25.202(f) (1), (2) and (3), as cal- § 25.142 Licensing provisions for the culated for a fixed point on the Earth’s non-voice, non-geostationary mo- surface in the plane of the space sta- bile-satellite service. tion’s orbit, considering the worst-case (a) Space station application require- frequency tolerance of all frequency ments. (1) Each application for a space determining components, and maxi- station system authorization in the mum positive and negative Doppler non-voice, non-geostationary mobile- shift of both the uplink and downlink satellite service shall describe in detail signals, taking into account the sys- the proposed non-voice, non-geo- tem design. stationary mobile-satellite system, (ii) Applicants in the non-voice, non- setting forth all pertinent technical geostationary mobile-satellite service and operational aspects of the system, shall show that no signal received by and the technical, legal, and financial their satellites from sources outside of qualifications of the applicant. In par- their system shall be retransmitted ticular, each application shall include with a power flux density level, in the the information specified in § 25.114, ex- worst 4 kHz, higher than the level de- cept that in lieu of the information scribed by the applicants in paragraph concerning orbital locations requested (a)(2) of this section. in § 25.114(c)(6), the applicant shall specify the number of space stations (4) Financial qualifications. Each ap- and applicable information relating to plicant for space station system au- the altitude(s), argument(s) of perigee, thorization in the non-voice, non-geo- service arc(s), right ascension of as- stationary mobile-satellite service cending node(s), eccentricity, and incli- must demonstrate, on the basis of the nation of the space stations (all ref- documentation contained in its appli- erenced to the same time) that will cation, that it is financially qualified comprise its system. Applicants must to proceed expeditiously with the con- also file information demonstrating struction, launch and operation for one compliance with all requirements of year of the first two space stations of this section, and showing, based on ex- its proposed system immediately upon isting system information publicly grant of the requested authorization. available at the Commission at the Failure to make such a showing will time of filing, that they will not cause result in the dismissal of the applica- unacceptable interference to any non- tion. This showing shall include all in- voice, non-geostationary mobile-sat- formation described in § 25.140 (c), (d) ellite service system authorized to con- and (e). struct or operate. (5) Replacement of space stations (2) Applicants for a non-voice, non- within the system license term. The li- geostationary mobile-satellite must censee need not file separate applica- identify the power flux density pro- tions to construct, launch and operate duced at the Earth’s surface by each technically identical replacement sat- space station of their system in the fre- ellites within the term of the system quency bands 137–138 MHz and 400.15–401 authorization. However, the licensee MHz, to allow determination of wheth- shall certify to the Commission, at er coordination with terrestrial serv- least thirty days prior to launch of ices is required under international such replacement(s) that:

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(i) The licensee intends to launch a ment. The frequency assignment and space station that is technically iden- coordination of the satellite system tical to those authorized in its system with Federal government users shall be license, and completed prior to grant of construc- (ii) Launch of this space station will tion authorization. not cause the licensee to exceed the (iii) The Commission shall also co- total number of operating space sta- ordinate with NTIA/IRAC with regard tions authorized by the Commission. to the frequencies to be shared by (b) Operating conditions. In order to those earth stations of non-voice, non- ensure compatible operations with au- geostationary mobile-satellite service thorized users in the frequency bands systems that are not subject to blanket to be utilized for operations in the non- licensing under § 25.115(d), and author- voice, non-geostationary mobile-sat- ized Federal government stations in ellite service, non-voice, non-geo- the fixed and mobile services, through stationary mobile-satellite service sys- the exchange of appropriate systems tems must operate in accordance with information. the conditions specified in this section. (3) Coordination among non-voice, (1) Service limitation. Voice services non-geostationary mobile-satellite may not be provided. service systems. Applicants for author- (2) Coordination requirements with ity to establish non-voice, non-geo- Federal government users. stationary mobile-satellite service sys- (i) The frequency bands allocated for tems are encouraged to coordinate use by the non-voice, non-geo- their proposed frequency usage with stationary mobile-satellite service are existing permittees and licensees in also authorized for use by agencies of the non-voice, non-geostationary mo- the Federal government. The Federal bile-satellite service whose facilities use of frequencies in the non-voice, could be affected by the new proposal non-geostationary mobile-satellite in terms of frequency interference or service frequency bands is under the restricted system capacity. All affected regulatory jurisdiction of the National applicants, permittees, and licensees Telecommunications and Information shall, at the direction of the Commis- Administration (NTIA). sion, cooperate fully and make every (ii) The Commission will use its ex- reasonable effort to resolve technical isting procedures for liaison with NTIA problems and conflicts that may in- to reach agreement with respect to hibit effective and efficient use of the achieving compatible operations be- radio spectrum; however, the permittee tween Federal government users under or licensee being coordinated with is the jurisdiction of NTIA and non-voice, not obligated to suggest changes or re- non-geostationary mobile-satellite engineer an applicant’s proposal in service systems (including user cases involving conflicts. transceivers subject to blanket licens- (4) Safety and distress communica- ing under § 25.115(d)) through the fre- tions. Stations operating in the non- quency assignment and coordination voice, non-geostationary mobile-sat- practices established by NTIA and the ellite service that are used to comply Interdepartment Radio Advisory Com- with any statutory or regulatory mittee (IRAC). In order to facilitate equipment carriage requirements may such frequency assignment and coordi- also be subject to the provisions of sec- nation, applicants shall provide the tions 321(b) and 359 of the Communica- Commission with sufficient informa- tions Act of 1934, as amended. Licens- tion to evaluate electromagnetic com- ees are advised that these provisions patibility with the Federal government give priority to radio communications use of the spectrum, and any additional or signals relating to ships in distress information requested by the Commis- and prohibit a charge for the trans- sion. As part of the coordination proc- mission of maritime distress calls and ess, applicants shall show that they related traffic. will not cause unacceptable inter- (c) Reporting requirements. All opera- ference to authorized Federal govern- tors of non-voice, non-geostationary ment users, based upon existing system mobile-satellite service systems shall, information provided by the Govern- on June 30 of each year, file a report

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with the Common Carrier Bureau and tude for at least 75% of every 24-hour the Commission’s Laurel, Maryland period, i.e., that at least one satellite field office containing the following in- will be visible above the horizon at an formation: elevation angle of at least 5° for at (1) A listing of any non-scheduled least 18 hours each day within the de- space station outages for more than scribed geographic area; thirty minutes and the cause(s) of such (iii) That the proposed system is ca- outages; pable of providing mobile satellite (2) A detailed description of the utili- services on a continuous basis through- zation made of the in-orbit satellite system. That description should iden- out the fifty states, Puerto Rico and tify the percentage of time that the the U.S. Virgin Islands, U.S., i.e., that system is actually used for domestic at least one satellite will be visible transmission, the amount of capacity above the horizon at an elevation angle (if any) sold but not in service, and the of at least 5° at all times within the de- amount of unused system capacity; and scribed geographic areas; (3) Identification of any space sta- (iv) That operations will not cause tions not available for service or other- unacceptable interference to other au- wise not performing to specifications, thorized users of the spectrum. In par- the cause(s) of these difficulties, and ticular, each application shall dem- the date any space station was taken onstrate that the space station(s) com- out of service or the malfunction iden- ply with the requirements specified in tified. § 25.213. [58 FR 68060, Dec. 23, 1993] (3) Financial Qualifications: Each applicant for a space station system au- § 25.143 Licensing provisions for the thorization in the 1.6/2.4 GHz mobile- 1.6/2.4 GHz Mobile-Satellite Service. satellite service must demonstrate, on (a) System License: Applicants author- the basis of the documentation con- ized to construct and launch a system tained in its application, that it is fi- of technically identical non-geo- nancially qualified to meet the esti- stationary satellite orbit satellites will mated costs of the construction and be awarded a single ‘‘blanket’’ license launch of all proposed space stations in covering a specified number of space the system and the estimated operat- stations to operate in a specified num- ing expenses for one year after the ber of orbital planes. launch of the initial space station. Fi- (b) Qualification Requirements. (1) General Requirements: Each appli- nancial qualifications must be dem- cation for a space station system au- onstrated in the form specified in thorization in the 1.6/2.4 GHz mobile- §§ 25.140(c) and (d). In addition, appli- satellite service shall describe in detail cants relying on current assets or oper- the proposed satellite system, setting ating income must submit evidence of forth all pertinent technical and oper- a management commitment to the pro- ational aspects of the system, and the posed satellite system. Failure to technical, legal, and financial quali- make such a showing will result in the fications of the applicant. In particu- dismissal of the application. lar, each application shall include the (c) Replacement of Space Stations With- information specified in § 25.114. in the System License Term. Licensees of (2) Technical Qualifications: In addi- 1.6/2.4 GHz mobile-satellite systems au- tion to providing the information spec- thorized through a blanket license pur- ified in paragraph (b)(1) of this section, suant to paragraph (a) of this section each applicant shall demonstrate the need not file separate applications to following: construct, launch and operate tech- (i) That the proposed system employs nically identical replacement satellites a non-geostationary constellation or within the term of the system author- constellations of satellites; ization. However, the licensee shall (ii) That the proposed system be ca- certify to the Commission, at least pable of providing mobile satellite services to all locations as far north as thirty days prior to launch of such re- 70° latitude and as far south as 55° lati- placement(s) that:

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(1) The licensee intends to launch a been met or notify the Commission by space station that is technically iden- letter that it has not been met. At its tical to those authorized in its system discretion, the Commission may re- authorization, and quire the submission of additional in- (2) Launch of this space station will formation (supported by affidavit of a not cause the licensee to exceed the person or persons with knowledge total number of operating space sta- thereof) to demonstrate that the mile- tions authorized by the Commission. stone has been met. (d) In-Orbit Spares. Licensees need not (f) Safety and distress communications. file separate applications to operate (1) Stations operating in the 1.6/2.4 technically identical in-orbit spares GHz Mobile-Satellite Service that are authorized as part of the blanket li- voluntarily installed on a U.S. ship or cense pursuant to paragraph (a) of this are used to comply with any statute or section. However, the licensee shall regulatory equipment carriage require- certify to the Commission, within 10 days of bringing the in-orbit spare into ments may also be subject to the re- operation, that operation of this space quirements of sections 321(b) and 359 of station did not cause the licensee to the Communications Act of 1934. Li- exceed the total number of operating censees are advised that these provi- space stations authorized by the Com- sions give priority to radio commu- mission. nications or signals relating to ships in (e) Reporting requirements. distress and prohibits a charge for the (1) All operators of 1.6/2.4 GHz mo- transmission of maritime distress calls bile-satellite systems shall, on June 30 and related traffic. of each year, file with the Inter- (2) Licensees offering distress and national Bureau and the Field Office in safety services should coordinate with Laurel, Maryland a report containing the appropriate search and rescue orga- the following information: nizations responsible for the licensees (i) Status of satellite construction service area. and anticipated launch dates, including (g) Considerations involving transfer or any major problems or delays encoun- assignment applications. tered; (1) ‘‘Trafficking’’ in bare licenses is- (ii) A listing of any non-scheduled sued pursuant to paragraph (a) of this space station outages for more than 30 section is prohibited, except with re- minutes and the cause or causes of the spect to licenses obtained through a outage; competitive bidding procedure. (iii) A detailed description of the uti- (2) The Commission will review a pro- lization made of the in-orbit satellite posed transaction to determine if the system. That description should iden- circumstances indicate trafficking in tify the percentage of time that the licenses whenever applications (except system is actually used for U.S. domes- those involving assignment tic or transborder transmission, the pro forma amount of capacity (if any) sold but or transfer of control) for consent to not in service within U.S. territorial assignment of a license, or for transfer geographic areas, and the amount of of control of a licensee, involve facili- unused system capacity; and ties licensed pursuant to paragraph (a) (iv) Identification of any space sta- of this section. At its discretion, the tions not available for service or other- Commission may require the submis- wise not performing to specifications, sion of an affirmative, factual showing the cause or causes of these difficul- (supported by affidavits of a person or ties, and the date any space station persons with personal knowledge there- was taken out of service or the mal- of) to demonstrate that no trafficking function identified. has occurred. (2) All operators of 1.6/2.4 GHz mo- (3) If a proposed transfer of radio fa- bile-satellite systems shall, within 10 cilities is incidental to a sale of other days after a required implementation facilities or merger of interests, any milestone as specified in the system showing requested under paragraph authorization, certify to the Commis- (g)(2) of this section shall include an sion by affidavit that the milestone has additional exhibit which:

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(i) Discloses complete details as to (3) The receipt of applications for the sale of facilities or merger of inter- major modifications to station author- ests; izations; (ii) Segregates clearly by an itemized (4) The receipt of major amendments accounting, the amount of consider- to pending applications; ation involved in the sale of facilities (5) The receipt of applications to as- or merger of interest; and sign or transfer control of space sta- (iii) Demonstrates that the amount tion facilities, transmitting earth sta- of consideration assignable to the fa- tion facilities, or international receive- cilities or business interests involved only earth station facilities; represents their fair market value at (6) Significant Commission actions the time of the transaction. regarding applications; (h) Prohibition of certain agreements. (7) Information which the Commis- No license shall be granted to any ap- sion in its discretion believes to be of plicant for a space station in the mo- public significance; and bile satellite service operating at 1610– (8) Special environmental consider- 1626.5/2483.5–2500 MHz if that applicant, ations as required by part 1 of this or any persons or companies control- chapter. ling or controlled by the applicant, shall acquire or enjoy any right, for (b) Special public notices may also be the purpose of handling traffic to or issued at other times under special cir- from the United States, its territories cumstances involving non-routine mat- or possession, to construct or operate ters where speed is of the essence and space segment or earth stations, or to efficiency of Commission process will interchange traffic, which is denied to be served thereby. any other United States company by (c) A public notice will not normally reason of any concession, contract, un- be issued for receipt of any of the fol- derstanding, or working arrangement lowing applications: to which the Licensee or any persons (1) For authorization of a minor tech- or companies controlling or controlled nical change in the facilities of an au- by the Licensee are parties. thorized station; (2) For temporary authorization pur- [59 FR 53328, Oct. 21, 1994, as amended at 61 suant to § 25.119; FR 9945, Mar. 12, 1996] (3) For an authorization under any of PROCESSING OF APPLICATIONS the proviso clauses of section 308(a) of the Communications Act of 1934, as § 25.150 Receipt of applications. amended [47 U.S.C. 308(a)]; Applications received by the Com- (4) For consent to an involuntary as- mission are given a file number and signment or transfer of control of a (domestic only) a unique station iden- transmitting earth station authoriza- tifier for administrative convenience. tion; or Neither the assignment of a file num- (5) For consent to an assignment or ber and/or other identifier nor the list- transfer of control of a space station ing of the application on public notice authorization or a transmitting earth as received for filing indicates that the station authorization, where the as- application has been found acceptable signment or transfer does not involve a for filing or precludes the subsequent substantial change in ownership or return or dismissal of the application if control; or it is found to be defective or not in ac- (6) For change in location of an earth cordance with the Commission’s rules. station operating in the 4/6 GHz and 10.95–11.7 GHz bands by no more than 1′′ § 25.151 Public notice period. in latitude and/or longitude and for (a) At regular intervals, the Commis- change in location of an earth station sion will issue public notices listing: operating in the 12/14 GHz bands by no (1) The receipt of applications for more than 10′′ in latitude and/or lon- new station authorizations; gitude. (2) The receipt of applications for li- (d) No application that has appeared cense or registration of receive-only on public notice will be granted until earth stations; the expiration of a period of thirty

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days following the issuance of the pub- station location, Commission file num- lic notice listing the application, or bers, and radio service involved) with any major amendment thereto. Any which it is concerned; comments or petitions must be deliv- (2) Be filed within thirty (30) days ered to the Commission by that date in after the date of public notice announc- accordance with § 25.154. ing the acceptance for filing of the ap- [56 FR 24016, May 28, 1991, as amended at 58 plication or major amendment thereto FR 68061, Dec. 23, 1993] (unless the Commission otherwise extends the filing deadline); § 25.152 Dismissal and return of appli- (3) Filed in accordance with the cations. pleading limitations, periods and other (a) Any application may be dismissed applicable provisions of §§ 1.41 through without prejudice as a matter of right 1.52 of this chapter; if the applicant requests its dismissal (4) Contain specific allegations of prior to final Commission action. fact (except for those of which official (b) The Commission will dismiss an notice may be taken) to support the application for failure to prosecute or specific relief requested, which shall be for failure to respond substantially supported by affidavit of a person or within a specified time period to offi- persons with personal knowledge there- cial correspondence or requests for ad- of, and which shall be sufficient to ditional information. Dismissal will be demonstrate that the petitioner (or re- without prejudice unless the applica- spondent) is a party of interest and tion is mutually exclusive pursuant to that a grant of, or other Commission § 25.155, in which case it will be dis- action regarding, the application would missed with prejudice. be prima facie inconsistent with the public interest; and § 25.153 Repetitious applications. (5) Contain a certificate of service (a) Where an application has been de- showing that it has been mailed to the nied or dismissed with prejudice, the applicant no later than the date the Commission will not consider a like ap- pleading is filed with the Commission. plication involving service of the same (b) The Commission will classify as kind to the same area by the same ap- informal objections: plicant, or by its successor or assignee, or on behalf of or for the benefit of any (1) Any pleading not filed in accord- of the original parties in interest, until ance with paragraph (a) of this section; after the lapse of 12 months from the (2) Any pleading to which the thirty effective date of the Commission’s ac- (30) day public notice period of § 25.151 tion. The Commission may, for good does not apply; or cause shown, waive the requirements of (3) Any objections to the grant of an this section. application when the objections do not (b) Where an appeal has been taken conform to either paragraph (a) of this from the action of the Commission de- section or to other Commission rules nying a particular application, another and requirements. application for the same class of sta- (c) Oppositions to petitions to deny tion and for the same area, in whole or an application or responses to com- in part, filed by the same applicant or ments and informal objections regard- by his successor or assignee, or on being an application may be filed within half or for the benefit of the original 10 days after the petition, comment, or parties in interest, will not be consid- objection is filed and must be in ac- ered until the final disposition of the cordance with other applicable provi- appeal. sions of §§ 1.41 through 1.52 of this chapter. § 25.154 Opposition to applications and (d) Reply comments by the party other pleadings. that filed the original petition may be (a) Petitions to deny, petitions for filed with respect to pleadings filed other forms of relief, and other objec- pursuant to paragraph (c) of this sections or comments must: tion within 5 days after the time for (1) Identify the application or appli- filing oppositions has expired unless cations (including applicant’s name, the Commission otherwise extends the

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filing deadline and must be in accord- (1) Is filed by the applicant within ance with other applicable provisions thirty (30) days from the release date of of §§ 1.41 through 1.52 of this chapter. the conditioned grant; and (2) Rejects the grant as made and ex- § 25.155 Mutually exclusive applica- plains the reasons why the application tions. should be granted as originally re- (a) The Commission will consider ap- quested. plications to be mutually exclusive if (c) Reconsideration or review of any their conflicts are such that the grant final action taken by the Commission of one application would effectively will be in accordance with subpart A of preclude by reason of harmful elec- part 1 of this chapter. trical interference, or other practical FORFEITURE, TERMINATION, AND REIN- reason, the grant of one or more other STATEMENT OF STATION AUTHORIZA- applications. TION (b) An application will be entitled to comparative consideration with one or § 25.160 Administrative sanctions. more conflicting applications only if: (a) A forfeiture may be imposed for (1) The application is mutually exclu- failure to operate in conformance with sive with another application; and the Communications Act, license speci- (2) The application is received by the fications, any conditions imposed on an Commission in a condition acceptable authorization, or any of the Commis- for filing sion’s rules and regulations; or for fail- (i) By the ‘‘cut-off’’ date specified in ure to comply with Commission re- a public notice; or quests for information needed to com- (ii) If no ‘‘cut-off’’ date is specified, plete international coordination or for within 30 days after the date of the failure to cooperate in Commission in- public notice listing the first of the vestigations with respect to inter- conflicting applications as acceptable national coordination. for filing. (b) A forfeiture will be imposed and the station license may be terminated § 25.156 Consideration of applications. for the malicious transmissions of any (a) Applications for a radio station signal that causes harmful interference with any other radio communications authorization, or for modification or or signals. renewal of an authorization, will be (c) A station license may be revoked granted if, upon examination of the ap- for any repeated and willful violation plication, any pleadings or objections of the kind set forth in paragraphs (a) filed, and upon consideration of such and (b) of this section. other matters as it may officially no- (d) The sanctions specified in para- tice, the Commission finds that the ap- graphs (a), (b), and (c) of this section plicant is legally, technically, and oth- will be imposed only after the licensee erwise qualified, that the proposed fa- has been provided an opportunity to be cilities and operations comply with all heard pursuant to titles III and V of applicable rules, regulations, and poli- the Communications Act of 1934, as cies, and that grant of the application amended. will serve the public interest, conven- (e) For purposes of this section, the ience and necessity. term ‘‘repeated’’ and ‘‘willful’’ are de- (b) Whenever the Commission grants fined as set out in section 312(f) of the any application in part, or subject to Communications Act, 47 U.S.C. 312(f). any terms or conditions other than those routinely applied to applications § 25.161 Automatic termination of sta- of the same type, the grant shall be tion authorization. considered final unless the Commission A station authorization shall be should revise its action (either by automatically terminated in whole or granting the application as originally in part without further notice to the li- requested, or by designating the appli- censee upon: cation for hearing) in response to a pe- (a) The expiration of the required tition for reconsideration which: date of completion of construction or

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other required action specified in the ience and necessity. Petitions for rein- authorization, or after any additional statement will be considered only if: time authorized by the Commission, if (1) The petition is filed within 30 days a certification of completion of the re- after the expiration date set forth in quired action has not been filed with § 25.161(a) or § 25.161(b), whichever is ap- the Commission unless a request for an plicable; extension of time has been filed with (2) The petition explains the failure the Commission but has not been acted to file a timely notification or renewal on; application; and (b) The expiration of the license pe- (3) The petition sets forth with speci- riod, unless an application for renewal ficity the procedures which have been of the license has been filed with the established to insure timely filings in Commission pursuant to § 25.120(e); or the future. (c) The removal or modification of (b) A special temporary authoriza- the facilities which renders the station tion shall automatically terminate not operational for more than 90 days, upon the expiration date specified unless specific authority is requested. therein, or upon failure of the grantee to comply with any special terms or § 25.162 Cause for termination of inter- conditions set forth in the authoriza- ference protection. tion. Temporary operation may be ex- The protection from interference af- tended beyond the termination date forded by the registration of a receiv- only upon application to the Commis- ing earth station shall be automati- sion. cally terminated if: (a) The request for registration is not Subpart C—Technical Standards submitted to the Commission within 3 months of the completion of the fre- SOURCE: 30 FR 7176, May 28, 1965, as amend- quency coordination process, except as ed at 36 FR 2562, Feb. 6, 1971, unless other- provided for in § 25.203; wise noted. (b) The receiving earth station is not constructed and placed into service § 25.201 Definitions. within 6 months after completion of co- Active satellite. An earth satellite car- ordination; rying a station intended to transmit or (c) The Commission finds that the re-transmit radiocommunication sig- station has been used less than 50% of nals. the time during any 12 month period; Base Earth Station. An earth station (d) The Commission finds that the in the fixed-satellite service or, in station has been used for an unlawful some cases, in the land mobile-satellite purpose or otherwise in violation of the service, located at a specified fixed Commission’s rules, regulations or point or within a specified area on land policies; to provide a feeder link for the land (e) The Commission finds that the ac- mobile-satellite service. (RR) tual use of the facility is inconsistent Coordination distance. For the pur- with what was set forth in the reg- poses of this part, the expression ‘‘co- istrant’s application; or ordination distance’’ means the dis- (f) The Commission finds that the tance from an earth station, within frequency coordination exhibit, upon which there is a possibility of the use which the granted registration is of a given transmitting frequency at based, is incomplete or does not con- this earth station causing harmful in- form with established coordination terference to stations in the fixed or procedures. mobile service, sharing the same band, or of the use of a given frequency for § 25.163 Reinstatement. reception at this earth station receiv- (a) A station authorization termi- ing harmful interference from such sta- nated in whole or in part under the tions in the fixed or mobile service. provisions of § 25.161 may be reinstated Earth station. A station located either if the Commission, in its discretion, de- on the Earth’s surface or within the termines that reinstatement would major portion of the Earth’s atmos- best serve the public interest, conven- phere intended for communication:

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(a) With one or more space stations; Non-Voice, Non-Geostationary Mobile- or Satellite Service. A mobile-satellite serv- (b) With one or more stations of the ice reserved for use by non-geo- same kind by means of one or more re- stationary satellites in the provision of flecting satellites or other objects in non-voice communications which may space. include satellite links between land Fixed earth station. An earth station earth stations at fixed locations. intended to be used at a specified fixed 1.6/2.4 GHz Mobile-Satellite Service. A point. mobile-satellite service that operates Fixed-Satellite Service. A in the 1610–1626.5 MHz and 2483.5–2500 radiocommunication service between MHz frequency bands, or in any portion earth stations at given positions, when thereof. one or more satellites are used; the Passive satellite. An earth satellite in- given position may be a specified fixed tended to transmit radio communica- point or any fixed point within speci- tion signals by reflection. fied areas; in some cases this service Radiodetermination-Satellite Service. A includes satellite-to-satellite links, radiocommunication service for the which may also be operated in the purpose of radiodetermination involv- inter-satellite service; the fixed-sat- ing the use of one of more space sta- ellite service may also include feeder tions. This service may also include links of other space feeder links necessary for its own oper- radiocommunication services. (RR) ation. (RR) Geostationary satellite. A geosynchro- Satellite system. A space system using nous satellite whose circular and direct one or more artificial earth satellites. orbit lies in the plane of the Earth’s Spacecraft. A man-made vehicle equator and which thus remains fixed which is intended to go beyond the relative to the Earth; by extension, a major portion of the Earth’s atmos- satellite which remains approximately phere. fixed relative to the Earth. Space operation service. A Inter-Satellite Service. A radiocommunication service concerned radiocommunication service providing exclusively with the operation of links between artificial earth sat- spacecraft, in particular space track- ellites. ing, space telemetry and space tele- Land Earth Station. An earth station command. These functions will nor- in the fixed-satellite service or, in mally be provided within the service in some cases, in the mobile-satellite which the space station is operating. service, located at a specified fixed Space radiocommunication. Any point or within a specified area on land radiocommunication involving the use to provide a feeder link for the mobile- of one or more space stations or the satellite service. (RR) use of one or more reflecting satellites Land Mobile Earth Station. A mobile or other objects in space. earth station in the land mobile-sat- Space station. A station located on an ellite service capable of surface move- object which is beyond, is intended to ment within the geographical limits of go beyond, or has been beyond, the a country or continent. (RR) major portion of the Earth’s atmos- Mobile earth station. An earth station phere. intended to be used while in motion or Space system. Any group of cooperat- during halts at unspecified points. ing earth stations and/or space stations Mobile-Satellite Service. A employing space radiocommunication radiocommunication service: for specific purposes. (1) Between mobile earth stations Space telecommand. The use of and one or more space stations, or be- radiocommunication for the trans- tween space stations used by this serv- mission of signals to a space station to ice; or initiate, modify or terminate function (2) Between mobile earth stations, by of the equipment on a space object, in- means of one or more space stations. cluding the space station. This service may also include feeder Space telemetering. The use of tele- links necessary for its operation. (RR) metering for the transmission from a

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space station of results of measure- 5150–5216 MHz: Satellite-to-Control Center ments made in a spacecraft, including Link those relating to the functioning of the 6525–6541.5 MHz: Control Center-to-Satellite Link spacecraft. Space tracking. Determination of the (3) The following frequencies are orbit, velocity or instantaneous posi- available for use by the non-voice, non- tion of an object in space by means of geostationary mobile-satellite service: radiodetermination, excluding primary 137–138 MHz: space-to-Earth radar, for the purpose of following the 148–149.9 MHz: Earth-to-space movement of the object. 149.9–150.05 MHz: Earth-to-space Terrestrial radiocommunication. Any 399.9–400.05 MHz: Earth-to-space radiocommunication other than space 400.15–401 MHz: space-to-Earth radiocommunication or radio astron- Until January 1, 1997, the allocations in the omy. 149.9–150.05 MHz and 399.9–400.05 MHz bands Terrestrial station. A station effecting may be used on a secondary basis only. Since terrestrial radiocommunication. the 399.9–400.05 MHz band is not allocated internationally to the mobile-satellite serv- [30 FR 7176, May 28, 1965, as amended at 36 ice, all operations outside the United States FR 2562, Feb. 6, 1971; 48 FR 40254, Sept. 6, will be on a non-interference basis only. 1983; 51 FR 18445, May 20, 1986; 54 FR 49993, (4) The following frequencies are Dec. 4, 1989; 56 FR 42706, Aug. 29, 1991; 58 FR available for use by the 1.6/2.4 GHz Mo- 68059, Dec. 23, 1993; 59 FR 53329, Oct. 21, 1994] bile-Satellite Service: § 25.202 Frequencies, frequency toler- 1610–1626.5 MHz: User-to-Satellite Link ance and emission limitations. 1613.8–1626.5 MHz: Satellite-to-User Link (secondary) (a)(1) Frequency bands. The following 2483.5–2500 MHz: Satellite-to-User Link frequencies are available for use by the fixed-satellite service. Precise fre- (5) The following frequencies are quencies and bandwidths of emission available for use by the inter-satellite will be assigned on a case-by-case service: basis. 22.55–23.00 GHz 23.00–23.55 GHz 24.45–24.65 GHz 24.65–24.75 GHz Space-to-Earth Earth-to-space (b) Other frequencies and associated 1 1 3700±4200 MHz 1 5925±6425 MHz. 1 bandwidths of emission may be as- 2 3 10.95±11.2 GHz 2 14.0±14.5 GHz. 3 signed on a case-by-case basis to space 2 1 11.45±11.7 GHz 2 27.5±29.5 GHz. 1 11.7±12.2 GHz 29.5±30.0 GHz. systems under this part in conform- 17.7±19.7 GHz1 ance with § 2.106 of this chapter and the 19.7±20.0 GHz Commission’s rules and policies. 1 This band is shared coequally with terrestrial (c) Orbital locations assigned to radiocommunication services. space stations licensed under this part 2 Use of this band by the fixed-satellite service is limited to international systems, i.e. other than domestic systems. These by the commission are subject to bands are also shared on a co-equal basis with terrestrial change by summary order of the Com- radiocommunication services. 3 The band 14.0±14.3 GHz is shared coequally with the mission on 30 days notice. An author- radionavigation service, and the band 14.4±14.5 GHz is ization to construct and/or to launch a shared with Government terrestrial radiocommunication services in accordance with the provisions of footnote US234 in space station becomes null and void if the Table of Frequency Allocations. the construction is not begun or is not (2) The following frequencies are completed, or if the space station is available for use by the Radio- not launched and positioned at its as- determination Satellite Service: signed orbital location and operations commenced in accordance with the sta- 1610–1626.5 MHz: User-to-Satellite Link tion authorization, by the respective 2483.5–2500 MHz: Satellite-to-User Link date(s) specified in the authorization. Fixed-Satellite service frequencies may Frequencies and orbital location as- be used for links between radio- signments are subject to the policies determination satellites and control set forth in the Report and Order, FCC centers, including the following des- 83–184, adopted April 27, 1983 in CC ignated bands, subject to the Rules in Docket No. 81–704 and the Report and this subpart: Order, adopted July 25, 1985 in CC

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Docket No. 84–1299 as modified by the ference into other satellite networks Report and Order, adopted January 19, and within their own satellite system. 1996 in IB Docket No. 95–41. [30 FR 7176, May 28, 1965, as amended at 36 (d) Frequency tolerance, Earth stations. FR 2562, Feb. 6, 1971; 38 FR 8573, Apr. 4, 1973; The carrier frequency of each earth 39 FR 33527, Sept. 18, 1974; 48 FR 40254, Sept. station transmitter authorized in these 6, 1983; 50 FR 36079, Sept. 5, 1985; 51 FR 18445, services shall be maintained within May 20, 1986; 51 FR 20975, June 10, 1986; 54 FR 0.001 percent of the reference fre- 49993, Dec. 4, 1989; 56 FR 24024, May 28, 1991; quency. 58 FR 13419, Mar. 11, 1993; 58 FR 68061, Dec. 23, (e) Frequency tolerance, space stations. 1993; 59 FR 53329, Oct. 21, 1994; 61 FR 9952, Mar. 12, 1996] The carrier frequency of each space station transmitter authorized in these § 25.203 Choice of sites and fre- services shall be maintained within quencies. 0.002 percent of the reference fre- (a) Sites and frequencies for earth quency. stations, operating in frequency bands (f) Emission limitations. The mean shared with equal rights between ter- power of emissions shall be attenuated restrial and space services, shall be se- below the mean output power of the lected, to the extent practicable, in transmitter in accordance with the fol- areas where the surrounding terrain lowing schedule: and existing frequency usage are such (1) In any 4 kHz band, the center fre- as to minimize the possibility of harm- quency of which is removed from the ful interference between the sharing assigned frequency by more than 50 services. percent up to and including 100 percent (b) An applicant for an earth station of the authorized bandwidth: 25 dB; authorization in a frequency band (2) In any 4 kHz band, the center fre- shared with equal rights with terres- quency of which is removed from the trial microwave services shall compute assigned frequency by more than 100 the great circle coordination distance percent up to and including 250 percent contour(s) for the proposed station in of the authorized bandwidth: 35 dB; accordance with the procedures set (3) In any 4 kHz band, the center fre- forth in § § 25.251 through 25.253 and the quency of which is removed from the rain scatter coordination distance con- assigned frequency by more than 250 tour(s) for the proposed station in ac- percent of the authorized bandwidth: cordance with the procedures set forth An amount equal to 43 dB plus 10 times in § 25.254. The applicant shall submit the logarithm (to the base 10) of the with the application a map or maps transmitter power in watts; drawn to appropriate scale and in a (4) In any event, when an emission form suitable for reproduction indicat- outside of the authorized bandwidth ing the location of the proposed station causes harmful interference, the Com- and these contours. These maps, to- mission may, at its discretion, require gether with the pertinent data on greater attenuation than specified in which the computation of these con- paragraphs (f) (1), (2) and (3) of this sec- tours is based, including all relevant tion. transmitting and/or receiving param- (g) Telemetry, tracking and tele- eters of the proposed station that command functions for U.S. domestic might be useful in assessing the likeli- satellites shall be conducted at either hood of interference, an appropriately or both edges of the allocated band(s). scaled plot of the elevation of the local Frequencies, polarization and coding horizon as a function of azimuth, and shall be selected to minimize inter- the electrical characteristics of the

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earth station antenna(s), shall be sub- (ii) Proposed operating frequency mitted by the applicant in a single ex- band(s) and emission(s), hibit to the application. The coordina- (iii) Antenna center height above tion distance contour plot(s), horizon ground and ground elevation above elevation plot, and antenna horizon mean sea level, gain plot(s) required by this section (iv) Antenna gain pattern(s) in the may also be submitted in tabular nu- plane of the main beam, merical format at 5° azimuthal incre- (v) Longitude range of geostationary ments instead of graphical format. At a satellites at which antenna may be minimum, this exhibit shall include pointed, the information listed in paragraph (vi) Horizon elevation plot, (c)(2) of this section. An earth station (vii) Antenna horizon gain plot(s) de- applicant shall also include in the ap- termined in accordance with § 25.253(b) plication relevant technical details for satellite longitude range specified (both theoretical calculations and/or in paragraph (c)(2)(v) of this section, actual measurements) of any special taking into account the provisions of techniques, such as the use of artificial § 25.253(a)(2) for earth stations operat- site shielding, or operating procedures ing with non-geostationary satellites. or restrictions at the proposed earth (viii) Minimum elevation angle, station which are to be employed to re- (ix) Maximum effective isotropically duce the likelihood of interference, or radiated power (EIRP) in any 4 kHz of any particular characteristics of the band in the main beam, (dBW/4 kHz), earth station site which could have an (x) Maximum available RF transmit effect on the calculation of the coordi- power in any 1 MHz band and in any 4 nation distance. kHz band at the input terminals of the (c) Prior to the filing of his applica- antenna(s), tion, an earth station applicant shall (xi) Maximum permissible RF inter- coordinate the proposed frequency ference power level as determined in usage with existing terrestrial users accordance with § 25.252 for all applicable percentages of time, and and with applicants for terrestrial sta- (xii) A plot of great circle coordination authorizations with previously tion distance contour(s) and rain scat- filed applications in accordance with ter coordination distance contour(s) as the following procedure: determined by §§ 25.253 and 25.254. (1) An applicant for an earth station (3) The coordination procedure speci- authorization shall perform an inter- fied in § 21.100(d) of this chapter shall ference analysis in accordance with the be applicable except that the informa- procedures set forth in § 25.255 for each tion to be provided shall be that set terrestrial station, for which a license forth in paragraph (c)(2) of this section, or construction permit has been grant- and that the 30-day period allowed for ed or for which an application has been response to a request for coordination accepted for filing, which is or is to be may be increased to a maximum of 45 operated in a shared frequency band to days by mutual consent of the parties. be used by the proposed earth station (4) Where technical problems are re- and which is located within the great solved by an agreement or operating circle coordination distance contour(s) arrangement between the parties that of the proposed earth station. would require special procedures be (2) The earth station applicant shall taken to reduce the likelihood of harm- provide each such terrestrial station li- ful interference (such as the use of arti- censee, permittee, and prior filed appli- ficial site shielding) or would result in cant with the technical details of the lessened quality or capacity of either proposed earth station and the relevant system, the details thereof shall be interference analyses that were made. contained in the application. At a minimum, the earth station appli- (5) The Commission may, in the cant shall provide the terrestrial user course of examining any application, with the following technical informa- require the submission of additional tion: showings, complete with pertinent data (i) The geographical coordinates of and calculations in accordance with the proposed earth station antenna(s), § § 251.251 through 25.256, showing that

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harmful interference is not likely to (2) Advance consultation is rec- result from the proposed operation. ommended particularly for those appli- (d) An applicant for an earth station cants who have no reliable data which authorization shall also ascertain indicates whether the field strength or whether the great circle coordination power flux density figures in the above distance contours and rain scatter co- table would be exceeded by their pro- ordination distance contours, com- posed radio facilities (except mobile puted for those values of parameters stations). In such instances, the follow- indicated in table 1 of § 25.252 for inter- ing is a suggested guide for determin- national coordination, cross the bound- ing whether coordination is rec- aries of another administration. In this ommended: case, the applicant shall furnish the (i) All stations within 2.5 kilometers; Commission copies of these contours (ii) Stations within 5 kilometers with on maps drawn to appropriate scale for 50 watts or more average effective radi- use by the Commission in effecting co- ated power (ERP) in the primary plane ordination of the proposed earth sta- of polarization in the azimuthal direction with the administration(s) af- tion of the Table Mountain Radio Re- fected. ceiving Zone; (e) Protection for Table Mountain (iii) Stations within 15 kilometers Radio Receiving Zone, Boulder County, with 1 kW or more average ERP in the Colorado. primary plane of polarization in the az- (1) Applicants for a station author- imuthal direction of Table Mountain ization to operate in the vicinity of Receiving Zone; Boulder County, Colorado under this (iv) Stations within 80 kilometers part are advised to give due consider- with 25 kW or more average ERP in the ation, prior to filing applications, to primary plane of polarization in the az- the need to protect the Table Mountain imuthal direction of Table Mountain Radio Receiving Zone from harmful in- Receiving Zone. terference. These are the research lab- (3) Applicants concerned are urged to oratories of the Department of Com- communicate with the Radio Fre- merce, Boulder County, Colorado. To quency Management Coordinator, De- prevent degradation of the present am- partment of Commerce, Research Sup- bient radio signal level at the site, the port Services, NOAA R/E5X2, Boulder Department of Commerce seeks to en- Laboratories, Boulder, CO 80303; tele- sure that the field strengths of any ra- phone (303) 497–6548, in advance of filing diated signals (excluding reflected sig- their applications with the Commis- nals) received on this 1800 acre site (in sion. the vicinity of coordinates 40° 07′ 50′′N (4) The Commission will not screen Latitude, 105° 14′ 40′′W Longitude) re- applications to determine whether ad- sulting from new assignments (other vance consultation has taken place. than mobile stations) or from the However, applicants are advised that modification or relocation of existing such consultation can avoid objections facilities do not exceed the following from the Department of Commerce or values: proceedings to modify any authorization which may be granted which, in In authorized bandwidth of service fact, delivers a signal at the site in ex- Frequency range cess of the field strength specified Field Power flux herein. strength density1 (mV/m) (dBW/m2) (f) Notification to the National Radio Astronomy Observatory: In order to Below 540 kHz ...... 10 ¥65.8 540 to 1600 kHz ...... 20 ¥59.8 minimize possible harmful interference 1.6 to 470 MHz ...... 10 2¥65.8 at the National Radio Astronomy Ob- 470 to 890 MHz ...... 30 2¥56.2 servatory site located at Green Bank, Above 890 MHz ...... 1 2¥85.8 Pocahontas County, W. Va., and at the 1 Equivalent values of power flux density are calculated as- Naval Radio Research Observatory site suming free space characteristic impedance of 376.7=120π ohms. at Sugar Grove, Pendleton County, W. 2 Space stations shall conform to the power flux density lim- Va. any applicant for a station author- its at the earth's surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in ization other than mobile, temporary any 4 kHz band for all angles of arrival. base, temporary fixed, Personal Radio,

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Civil Air Patrol, or amateur seeking a width of service (¥65.8 dBW/m2 power station license for a new station, a con- flux density assuming a free space struction permit to construct a new characteristic impedance of 120 ohms) station or to modify an existing sta- at the referenced coordinates, may be tion license in a manner which would examined to determine extent of pos- change either the frequency, power, an- sible interference. Depending on the tenna height or directivity, or location theoretical field strength value and ex- of such a station within the area isting root-sum-square or other ambi- bounded by 39°15′ N. on the north, 78°30′ ent radio field signal levels at the indi- W. on the east, 37°30′ N. on the south cated coordinates, a clause protecting and 80°30′ W. on the west shall, at the the monitoring station may be added time of filing such application with the to the station authorization. Commission, simultaneously notify the (2) In the event that calculated value Director, National Radio Astronomy of expected field exceeds 10 mV/m Observatory, P.O. Box No. 2, Green (¥65.8 dBW/m2) at the reference coordi- Bank, W. Va. 24944, in writing, of the nates, or if there is any question technical particulars of the proposed whether field strength levels might ex- station. Such notification shall include ceed the threshold value, advance con- the geographical coordinates of the an- sultation with the FCC to discuss any tenna, antenna height, antenna direc- protection necessary should be consid- tivity if any, proposed frequency, type ered. Prospective applicants may com- of emission, and power. In addition, the municate with: Chief, Compliance and applicant shall indicate in his applica- Information Bureau, Federal Commu- tion to the Commission the date notifi- nications Commission, Washington, DC cation was made to the observatory. 20554, Telephone (202) 632–6980. After receipt of such applications, the (3) Advance consultation is suggested Commission will allow a period of 20 particularly for those applicants who days for comments or objections in re- have no reliable data which indicates sponse to the notifications indicated. If whether the field strength or power an objection to the proposed operation flux density figure indicated would be is received during the 20-day period exceeded by their proposed radio facili- from the National Radio Astronomy ties (except mobile stations). In such Observatory for itself or on behalf of instances, the following is a suggested the Naval Radio Research Observatory, guide for determining whether an ap- the Commission will consider all as- plicant should coordinate: pects of the problem and take whatever action is deemed appropriate. (i) All stations within 2.5 kilometers; (g) Protection for Federal Commu- (ii) Stations within 5 kilometers with nications Commission monitoring sta- 50 watts or more average effective radi- tions: ated power (ERP) in the primary plane (1) Applicants in the vicinity of an of polarization in the azimuthal direc- FCC monitoring station for a radio station of the Monitoring Station; tion authorization to operate new (iii) Stations within 15 kilometers transmitting facilities or changed with 1 kW or more average ERP in the transmitting facilities which would in- primary plane of polarization in the az- crease the field strength produced over imuthal direction of the Monitoring the monitoring station over that pre- Station; viously authorized are advised to give (iv) Stations within 80 kilometers consideration, prior to filing applica- with 25 kW or more average ERP in the tions, to the possible need to protect primary plane of polarization in the az- the FCC stations from harmful inter- imuthal direction of the Monitoring ference. Geographical coordinates of Station. the facilities which require protection (4) Advance coordination for stations are listed in § 0.121(c) of the Commis- operating above 1000 MHz is rec- sion’s Rules. Applications for stations ommended only where the proposed (except mobile stations) which will station is in the vicinity of a monitor- produce on any frequency a direct wave ing station designated as a satellite fundamental field strength of greater monitoring facility in § 0.121(c) of the than 10 mV/m in the authorized band- Commission’s Rules and also meets the

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criteria outlined in paragraphs (h)(2) agreements between the operator(s) of and (3) of this section. the space station(s) with which the (5) The Commission will not screen earth station is to communicate and applications to determine whether ad- the operator(s) of any other space sta- vance consultation has taken place. tion licensed to use the band. However, applicants are advised that [30 FR 7176, May 28, 1965, as amended at 36 such consultation can avoid objections FR 2562, Feb. 6, 1971; 38 FR 8573, Apr. 4, 1973; from the Federal Communications 42 FR 8329, Feb. 9, 1977; 44 FR 77167, Dec. 31, Commission or modification of any au- 1979; 50 FR 40862, Oct. 7, 1985; 58 FR 13419, thorization which will cause harmful Mar. 11, 1993; 58 FR 44904, Aug. 25, 1993; 59 FR interference. 53329, Oct. 21, 1994; 61 FR 8477, Mar. 5, 1996; 61 (h) Sites and frequencies for GSO and FR 9945, Mar. 12, 1996; 61 FR 44181, Aug. 28, NGSO earth stations, operating in a 1996] frequency band where both have a co- EFFECTIVE DATE NOTE: At 61 FR 44181, Aug. primary allocation, shall be selected to 28, 1996, § 25.203 was amended by adding para- avoid earth station antenna mainlobe- graph (h), effective Oct. 28, 1996. to-satellite antenna mainlobe coupling, § 25.204 Power limits. between NGSO systems and between NGSO and GSO systems, in order to (a) In bands shared coequally with minimize the possibility of harmful in- terrestrial radio communication serv- terference between these services. ices, the equivalent isotropically radi- Prior to filing an earth station applica- ated power transmitted in any direction, in bands with co-primary allocation towards the horizon by an earth tions to NGSO and GSO earth stations, station operating in frequency bands the applicant shall coordinate the pro- between 1 and 15 GHz, shall not exceed posed site and frequency usage with ex- the following limits except as provided isting earth station licensees and with for in paragraph (c) of this section: current earth station authorization ap- +40 dBW in any 4 KHz band for θ™0° θ θ< ° ° plicants. +40+3 dBW in any 4 KHz band for 0 ™05 (i) [Reserved] where θ is the angle of elevation of the (j) Applicants for non-geostationary horizon viewed from the center of radi- 1.6/2.4 GHz Mobile-Satellite Service/ ation of the antenna of the earth sta- Radiodetermination satellite service tion and measured in degrees as posi- feeder links in the bands 17.7–20.2 GHz tive above the horizontal plane and and 27.5–30.0 GHz shall indicate the fre- negative below it. quencies and spacecraft antenna gain (b) In bands shared coequally with contours towards each feeder-link terrestrial radio-communication serv- earth station location and will coordi- ices, the equivalent isotropically radi- nate with licensees of other fixed-sat- ated power transmitted in any direc- ellite service and terrestrial-service tion towards the horizon by an earth systems sharing the band to determine station operating in frequency bands geographic protection areas around above 15 GHz shall not exceed the fol- each non-geostationary mobile-sat- lowing limits except as provided for in ellite service/radiodetermination sat- paragraph (c) of this section: ellite service feeder-link earth station. +64 dBW in any 1 MHz band for θ<0° (k) An applicant for an earth station +64+3 θ dBW in any 1 MHz band for 0°<θ<5° that will operate with a geostationary where θ is as defined in paragraph (a) of satellite or non-geostationary satellite this section. in a shared frequency band in which (c) For angles of elevation of the ho- the non-geostationary system is (or is rizon greater than 5° there shall be no proposed to be) licensed for feeder restriction as to the equivalent links, shall demonstrate in its applica- isotropically radiated power transmit- tions that its proposed earth station ted by an earth station towards the ho- will not cause unacceptable inter- rizon. ference to any other satellite network (d) Notwithstanding the e.i.r.p. and that is authorized to operate in the e.i.r.p. density limits specified in the same frequency band, or certify that station authorization, each earth sta- the operations of its earth station shall tion transmission shall be conducted at conform to established coordination the lowest power level that will provide

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the required signal quality as indicated that will ensure definite cessation of in the application and further amended emissions. by coordination agreements. (e) For operations at frequencies § 25.208 Power flux density limits. above 10 GHz, earth station operators (a) In the band 3700–4200 MHz, the may exceed the uplink e.i.r.p. and power flux density at the Earth’s sur- e.i.r.p. density limits specified in the face produced by emissions from a station authorization under the condi- space station for all conditions and for tions of uplink fading due to precipita- all methods of modulation shall not ex- tion by an amount not to exceed 1 dB ceed the following values: above the actual amount of monitored excess attenuation over clear sky prop- ¥152 dB(W/m2) in any 4 kHz band for angles agation conditions. The e.i.r.p. levels of arrival between 0 and 5 degrees above the horizontal plane; shall be returned to normal as soon as ¥152+(δ¥5)/2 dB(W/m2) in any 4 kHz band for the attenuating weather pattern sub- angles of arrival δ (in degrees) between 5 sides. The maximum power level for and 25 degrees above the horizontal plane; power control purposes shall be coordi- and nated between and among adjacent sat- ¥142 dB(W/m2) in any 4 kHz band for angles ellite operators. of arrival between 25 and 90 degrees above the horizontal plane [48 FR 40255, Sept. 6, 1983, as amended at 58 FR 13420, Mar. 11, 1993] These limits relate to the power flux density which would be obtained under § 25.205 Minimum angle of antenna assumed free-space propagation condi- elevation. tions. Earth station antennas shall not nor- (b) In the bands 10.95–11.2 and 11.45– mally be authorized for transmission 11.7 GHz, the power flux density at the at angles less than 5° measured from Earth’s surface produced by emissions the horizontal plane to the direction of from a space station for all conditions maximum radiation. However, upon a and for all methods of modulation shall showing that the transmission path not exceed the following values: will be seaward and away from land ¥150 dB(W/m2) in any 4 kHz band for angles masses or upon special showing of need of arrival between 0 and 5 degrees above for lower angles by the applicant, the the horizontal plane; Commission will consider authorizing ¥150+(δ¥5)/2 dB(W/m2) in any 4 kHz band for transmissions at angles between 3° and angles of arrival δ (in degrees) between 5 5° in the pertinent directions. In cer- and 25 degrees above the horizontal plane; tain instances, it may be necessary to and specify minimum angles greater than ¥140 dB(W/m2) in any 4 kHz band for angles 5° because of interference consider- of arrival between 25 and 90 degrees above the horizontal plane ations. These limits relate to the power flux [48 FR 40255, Sept. 6, 1983] density which would be obtained under assumed free-space propagation condi- § 25.206 Station identification. tions. The requirement for transmission of (c) In the 17.7–19.7 GHz, 22.55–23.00 station identification is waived for all GHz, 23.00–23.55 GHz, and 24.45–24.75 radio stations licensed under this part GHz frequency bands, the power flux with the exception of satellite uplinks density at the Earth’s surface produced carrying broadband video information by emissions from a space station for which are required to incorporate ATIS all conditions and for all methods of in accordance with the provisions set modulation shall not exceed the follow- forth under § 25.308 of these rules. ing values: [55 FR 21551, May 25, 1990] (1) 115 dB (W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- § 25.207 Cessation of emissions. grees above the horizontal plane. Space stations shall be made capable (2) 115+0.5 (d–5) dB (W/m2) in any 1 of ceasing radio emissions by the use of MHz band for angles of arrival d (in de- appropriate devices (battery life, tim- grees) between 5 and 25 degrees above ing devices, ground command, etc.) the horizontal plane.

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(3) 105 dB (W/m2) in any 1 MHz band single lobe and shall not exceed the en- for angles of arrival between 25 and 90 velope by more than 6 dB. degrees above the horizontal plane. (b) The off-axis cross-polarization gain of any antenna to be employed in [48 FR 40255, Sept. 6, 1983, as amended at 52 transmission from an earth station to FR 45636, Dec. 1, 1987; 59 FR 53329, Oct. 21, 1994] a space station in the domestic fixed- satellite service shall be defined by: § 25.209 Antenna performance stand- 19–25 log10 (Theta) 1.8° < Theta

29–25 log10 (Theta) 1°

32–25 log10 (Theta) 1°

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spacings. An earth station antenna ini- (e) For fixed-satellite space stations tially authorized on or before Feburary providing international service, full 15, 1985 will be authorized by the Com- frequency re-use is defined as follows: mission to continue to operate as long (1) Satellites must employ polariza- as such operations are found not to tion discrimination so that, through cause any unacceptable levels of adja- the use of dual polarization, they shall cent satellite interference. In either be able to reuse both the uplink and case, the Commission will impose ap- downlink frequency band assignments. propriate terms and conditions in its (2) Satellites must be configured so authorization of such facilities and op- that all assigned frequencies (in both erations. polarizations) could be reused in beams (g) The antenna performance stand- serving widely separate areas. ards of small antennas operating in the (f) [Reserved] 12/14 GHz band with diameters as small (g) Space station antennas in the ° ° as 1.2 meters starts at 1.25 instead of 1 Fixed-Satellite Service must be de- as stipulated in paragraph (a) of this signed to provide a cross-polarization section. isolation such that the ratio of the on [48 FR 40255, Sept. 6, 1983, as amended at 50 axis co-polar gain to the cross-polar FR 2675, Jan. 18, 1985; 50 FR 39004, Sept. 26, gain of the antenna in the assigned fre- 1985; 58 FR 13420, Mar. 11, 1993] quency band shall be at least 30 dB within its primary coverage area. § 25.210 Technical requirements for space stations in the Fixed-Satellite (h) Space stations to be operated in Service. the geostationary satellite orbit must be: (a) All space stations in the Fixed- (1) Designed with the capability of Satellite Service used for domestic being maintained in orbit within 0.05° service in the 4/6 GHz frequency band of their assigned orbital longitude, shall: (1) Use orthogonal linear polarization (2) Maintained in orbit at their as- with one of the planes defined by the signed orbital longitude within the lon- equatorial plane; gitudinal tolerance specified by the (2) Be designed so that the polariza- Commission, and tion sense of uplink transmissions is (3) The Commission may authorize opposite to that of downlink trans- operations at assigned orbital lon- missions on the same transponder; and gitudes offset by 0.05° or multiples (3) Shall be capable of switching po- thereof from the nominal orbital loca- larization sense upon ground command. tion specified in the station authoriza- (b) All space stations in the Fixed- tions. Satellite Service shall have a mini- (i) Antenna measurements of both co- mum capability to change transponder polarized and cross-polarized perform- saturation flux densities by ground ance must be made on all antennas em- command in 4 dB steps over a range of ployed by space stations both within 12 dB. the primary coverage area to facilitate (c) All space stations in the Fixed- coordination with other Commission Satellite Service shall be designed to space station licensees and outside the derive the maximum capacity feasible primary coverage area to facilitate from the assigned orbital location. In international frequency coordination particular, space stations in the Fixed- with other Administrations. The re- Satellite Service are required to em- sults of such measurements shall be ploy state-of-the-art full frequency re- submitted to the Commission within use using both horizontal and vertical thirty days after preliminary in-orbit polarization. testing is completed. (d) For fixed-satellite space stations (j) All operators of space stations providing domestic service, full fre- shall file a semi-annual report with the quency re-use is defined as re-use of the International Bureau and the Commis- frequency bands by polarization dis- sion’s Laurel, Maryland field office crimination in both the uplink and containing the following information: downlink directions using state-of-the- (1) Status of satellite construction art equipment and techniques. and anticipated launch dates, including

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any major problems or delays encoun- power flux density limits specified in tered; § 25.208(b) and (c) and successfully co- (2) A listing of any non-scheduled ordinated internationally and accepted transponder outages for more than by adjacent U.S. satellite operators thirty minutes and the cause(s) of such based on the use of state of the art outages; space and earth station facilities. The (3) A detailed description of the utili- transmission of an unmodulated car- zation made or anticipated to be made rier at a power level sufficient to satu- of each transponder on each of the in- rate a transponder is prohibited, except orbit satellites. That description by the space station licensee to deter- should identify the total capacity or mine transponder performance charac- the percentage of time each trans- teristics. All 12/14 GHz video transponder is actually used for transmissions for TV/FM shall identify the mission, the amount of capacity (if particular carrier frequencies for nec- any) sold but not in service and the essary coordination with adjacent U.S. amount of unused capacity in the satellite systems and affected satellite transponder. If the transponder is re- systems of other administrations. served as a spare, the operating transponder being protected should be iden- (c) All initial analog video trans- tified. If the transponder is used for missions shall be preceded by a video preemptible or occasional services, the test transmission at an uplink e.i.r.p. nature of these services and amount of at least 10 dB below the normal operat- time preemptible or occasional services ing level. The earth station operator that are provided over the transponder shall not increase power until receiving should also be identified; and notification from the satellite network (4) Identification of any transponders control center that the frequency and not available for service or otherwise polarization alignment are satisfactory not performing to specifications, the pursuant to the procedures specified in cause of these difficulties, and the date § 25.272. The stationary earth station any transponder was taken out of serv- operator that has successfully trans- ice or the malfunction identified. mitted an initial video test signal to a satellite pursuant to this paragraph is [58 FR 13420, Mar. 11, 1993, as amended at 61 not required to make subsequent video FR 9952, Mar. 12, 1996] test transmissions if subsequent trans- § 25.211 Video Transmissions in the missions are conducted using exactly Domestic Fixed—Satellite Service. the same parameters as the initial (a) Downlink analog video trans- transmission. missions in the band 3700–4200 MHz [58 FR 13421, Mar. 11, 1993, as amended at 61 shall be transmitted only on a center FR 9952, Mar. 12, 1996] frequency of 3700+20N MHz, where N=1 to 24. The corresponding uplink fre- § 25.212 Narrowband transmissions in quency shall be 2225 MHz higher. the Fixed-Satellite Service. (b) All 4/6 GHz analog video trans- (a) Except as otherwise provided by missions shall contain an energy dis- this part, criteria for unacceptable lev- persal signal at all times with a mini- els of interference caused by other sat- mum peak-to-peak bandwidth set at ellite networks shall be established on whatever value is necessary to meet the basis of nominal operating condi- the power flux density limits specified tions and with the objective of mini- in § 25.208(a) and successfully coordi- mizing orbital separations between sat- nated internationally and accepted by ellites. adjacent U.S. satellite operators based (b) Emissions with an occupied band- on the use of state of the art space and width of less than 2 MHz are not pro- earth station facilities. Further, all tected from interference from wider transmissions operating in frequency bandwidth transmissions if the r.f. car- bands described in § 25.208(b) and (c) rier frequency of the narrowband signal shall also contain an energy dispersal is within ±1 MHz of one of the fre- signal at all times with a minimum quencies specified in § 25.211(a). peak-to-peak bandwidth set at whatever value is necessary to meet the [58 FR 13421, Mar. 11, 1993]

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§ 25.213 Inter-Service coordination re- mobile earth station shall not operate quirements for the 1.6/2.4 GHz Mo- during radio astronomy observations bile-Satellite Service. within the 1613.8–1615.8 MHz band with- (a) Protection of the radio astronomy in 100 km of the radio astronomy sites service in the 1610.6–1613.8 MHz band listed in paragraph (a)(1)(i) of this sec- against interference from 1.6/2.4 GHz tion, and within 30 km of the sites list- Mobile-Satellite Service systems. ed in paragraph (a)(1)(ii) of this sec- (1) Protection zones. All 1.6/2.4 GHz tion, there being no restriction on a Mobile Satellite Service systems shall mobile earth station operating within be capable of determining the position the 1615.8–1626.5 MHz band. of the user transceivers accessing the (iv) For airborne mobile earth sta- space segment through either internal tions operating in the 1610.0–1626.5 MHz radiodetermination calculations or ex- band, the separation distance shall be ternal sources such as LORAN–C or the the larger of the distances specified in Global Positioning System. During pe- paragraph (a)(1) (i), (ii) or (iii) of this riods of radio astronomy observations, section, as applicable, or the distance, land mobile earth stations shall not op- d, as given by the formula: erate when located within geographic d (km) = 4.1 square root of (h) protection zones defined by the radio observatory coordinates and separation where h is the altitude of the aircraft distances as follows: in meters above ground level. (i) In the band 1610.6–1613.8 MHz, (v) Smaller geographic protection within a 160 km radius of the following zones may be used in lieu of the areas radio astronomy sites: specified in paragraphs (a)(1) (i), (ii), (iii), and (iv) of this section if agreed to Latitude Longitude Observatory (DMS) (DMS) by the Mobile-Satellite Service licensee and the Electromagnetic Spec- Arecibo, PR ...... 18 20 46 66 45 11 Green Bank Telescope, WV ...... 38 25 59 79 50 24 trum Management Unit (ESMU), Na- 38 26 09 79 49 42 tional Science Foundation, Washing- Very Large Array, NM ...... 34 04 43 107 37 04 ton, D.C. upon a showing by the Mo- Owens Valley, CA ...... 37 13 54 118 17 36 Ohio State, OH ...... 40 15 06 83 02 54 bile-Satellite Service licensee that the operation of a mobile earth station will (ii) In the band 1610.6–1613.8 MHz, not cause harmful interference to a within a 50 km radius of the following radio astronomy observatory during sites: periods of observation. (vi) The ESMU shall notify Mobile- Latitude Longitude Observatory (DMS) (DMS) Satellite Service space station licensees authorized to operate mobile earth Pile Town, NM ...... 34 18 04 108 07 07 Los Alamos, NM ...... 35 46 30 106 14 42 terminals in the 1610.0–1626.5 MHz band Kitt Peak, AZ ...... 31 57 22 111 36 42 of periods of radio astronomy observa- Ft. Davis, TX ...... 30 38 06 103 56 39 tions. The mobile-satellite systems N. Liberty, IA ...... 41 46 17 91 34 26 Brewster, WA ...... 48 07 53 119 40 55 shall be capable of terminating oper- Owens Valley, CA ...... 37 13 54 118 16 34 ations within the frequency bands and St. Croix, VI ...... 17 45 31 64 35 03 protection zones specified in para- Mauna Kea, HI ...... 19 48 16 155 27 29 Hancock, NH ...... 42 56 01 71 59 12 graphs (a)(1)(i) through (iv) of this section, as applicable, after the first posi- (iii) Out-of-band emissions of a motion fix of the mobile earth terminal bile earth station licensed to operate either prior to transmission or, based within the 1610.0–1626.5 MHz band shall upon its location within the protection be attenuated so that the power flux zone at the time of initial transmission density it produces in the 1610.6–1613.8 of the mobile earth terminal. Once the MHz band at any radio astronomy site mobile-satellite system determines listed in paragraph (a)(1) (i) or (ii) of that a mobile earth terminal is located this section shall not exceed the emis- within an RAS protection zone, the sions of a mobile earth station operat- mobile-satellite system shall imme- ing within the 1610.6–1613.8 MHz band at diately initiate procedures to relocate the edge of the protection zone applica- the mobile earth terminal operations ble for that site. As an alternative, a to a non-RAS frequency.

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(vii) A beacon-actuated protection station complexes. A ‘‘feeder link earth zone may be used in lieu of fixed pro- station complex’’ may include up to tection zones in the 1610.6–1613.8 MHz three (3) earth station groups, with band if a coordination agreement is each earth station group having up to reached between a mobile-satellite sys- four (4) antennas, located within a ra- tem licensee and the ESMU on the spe- dius of 75 km of a given set of geo- cifics of beacon operations. graphic coordinates provided by NGSO– (viii) Additional radio astronomy MSS licensees or applicants. sites, not located within 100 miles of (b) Licensees of NGSO MSS feeder the 100 most populous urbanized areas link earth stations separated by 800 km as defined by the United States Census or less are required to coordinate their Bureau at the time, may be afforded operations, see § 25.203. The results of similar protection one year after notice to the mobile-satellite system li- the coordination shall be reported to censees by issuance of a public notice the Commission. by the Commission. [61 FR 44181, Aug. 28, 1996] (2) Mobile-Satellite Service space stations transmitting in the 1613.8– EFFECTIVE DATE NOTE: At 61 FR 44181, Aug. 1626.5 MHz band shall take whatever 28, 1996, § 25.250 was added, effective Oct. 28, 1996. steps necessary to avoid causing harmful interference to the radio astronomy § 25.251 Special requirements for co- facilities listed in paragraphs (a)(1)(i) ordination. and (ii) of this section during periods of observation. (a) The administrative aspects of the (3) Mobile-Satellite Service space coordination process are set forth in stations operating in the 2483.5–2500 §§ 21.100(d) and 21.706 (c) and (d) of this MHz frequency band shall limit spuri- chapter in the case of coordination of ous emission levels in the 4990–5000 terrestrial stations with earth sta- MHz band so as not to exceed ¥241 dB tions, and in § 25.203 in the case of co- (W/m2/Hz) at the surface of the Earth. ordination of earth stations with ter- (4) The Radioastronomy Service shall restrial stations. The technical aspects avoid scheduling radio astronomy ob- of the coordination process are set servations during peak MSS/RDSS forth in §§ 25.252 through 25.256. traffic periods to the greatest extent (b) The technical aspects of coordina- practicable. tion are based on appendix 28 of the (b) Protection of the radio- international radio regulations and navigation-satellite service. Mobile certain recommendations and reports earth stations operating in the 1610– of the CCIR. Applicants and operators 1626.5 MHz band shall limit out-of-band will find it helpful to be aware of the emissions in the 1574.397–1576.443 MHz latest revision of these documents, in band so as not to exceed an e.i.r.p. den- particular reports 244, 382, and 448. sity level of 70 dB (W/MHz) averaged ¥ (c) Although two types of inter- over any 20 ms period. The e.i.r.p. of ference paths have to be considered, any discrete spurious emission (i.e., i.e., from an earth station transmitter bandwidth less than 600 Hz) in the 1574.397–1576.443 MHz band shall not ex- into terrestrial receivers, and from a ceed ¥80 dBW. terrestrial transmitter into earth station receivers, the use of different fre- [59 FR 53329, Oct. 21, 1994, as amended at 61 quency bands for transmission and re- FR 9945, Mar. 12, 1996] ception by the communication-sat- § 25.250 Sharing between NGSO MSS ellite service limit the consideration to Feeder links Earth Stations in the only one type of interference path in 19.3–19.7 GHz and 29.1–29.5 GHz each frequency band, namely: Bands. (1) In those shared frequency bands (a) NGSO MSS applicants shall be li- limited to transmission by an earth censed to operate in the 29.1–29.5 GHz station, only the possibility of inter- band for Earth-to-space transmissions ference from earth station transmit- and 19.3–19.7 GHz for space-to-Earth ters into terrestrial receivers needs to transmissions from feeder link earth be considered;

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(2) In those shared frequency bands eliminated if an antenna meeting limited to reception by an earth sta- standard A were to be employed, then tion, only the possibility of inter- the provisions of §§ 21.108(c) and ference from terrestrial transmitters 21.109(c) of this chapter apply. into the earth station receivers needs (f) In lieu of the assumptions of para- to be considered. graph (d)(1) and/or paragraph (d)(5) of (d) For the purposes of effecting co- this section, an applicant for an earth ordination between terrestrial and station authorization may effect co- earth station in frequency bands ordination for a limited portion of the shared with equal rights by these serv- geostationary arc visible at the earth ices, the following assumptions should station location and/or a limited por- be made, absent specific information: tion of the frequency band: Provided, (1) That the earth station antenna however, That the operation of the may be directed towards any point on earth station shall be limited to that that portion of the geostationary arc portion of the geostationary arc and/or visible at the earth station location at that portion of the frequency band for which the corresponding elevation which coordination has been effected. angle exceeds or is equal to the limits (g) The authorization of a devel- specified in § 25.205; opmental earth station under § 25.390 (2) That any terrestrial station and and the authorization of a transport- any earth station within 100 kilometers able earth station for operation at a of each other must be coordinated given location for a limited period of whether or not a lesser coordination time shall be so conditioned that the distance results from any calculation; operations of such an earth station (3) That the terrestrial antenna shall not place any limitations upon meets an antenna pattern based on the the operations, location, or design of maximum antenna gain from table 1 of any terrestrial station. For this rea- § 25.252 and the sidelobe suppression son, the interference analyses per- standard B set forth in § 21.108(c) of this formed in the coordination of these chapter; earth stations may be undertaken for (4) That for coordination, the earth specific frequency assignments and station antenna sidelobe gain level is therefore may take advantage of any defined by the following formula: offset in frequency calculated in accordance with applicable CCIR Reports 32¥25 log10 θ dBi 1°™θ™48° ¥10 dBi 48°<θ™180° and Recommendations (for example Report 388–1). where θ is the off-axis angle to the direction of the terrestrial station in [38 FR 8575, Apr. 4, 1973, as amended at 48 FR question. If the actual antenna gain 40256, Sept. 6, 1983] performance is better than that defined by this formula, the actual gain may § 25.252 Maximum permissible inter- be used to effect coordination. ference power. (5) That both systems occupy all fre- (a) The maximum permissible inter- quencies allocated to the particular ference power Pmax(p) in dBW in the service in the band to which they are reference bandwidth of the potentially assigned. interfered-with station, not to be ex- (e) The assumption of paragraph ceeded for all but a short term percent- (d)(3) of this section, that the terres- age of the time, p, from each source of trial station antenna only meets the interference, is given by the general sidelobe suppression standard B of formula

§ 21.108(c) of this chapter is to be made Pmax(p)=10 log10(kTrB)+J+M(p)¥W only for computational convenience where: and simplicity, and to insure that all terrestrial stations that could likely M(p)=M(po/n)=Mo(p) cause or receive interference are taken with: into account. If interference will likely k=Boltzmann’s constant (1.38·10¥23 joules result to or from a terrestrial station per °K), actually employing an antenna meet- Tr=Thermal noise temperature of the re- ing only standard B, but would be ceiving system (degrees Kelvin),

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B=Reference bandwidth (in Hz) (bandwidth W=Equivalence factor (in dB) relating the over which the interference power can effect of interference to that of ther- be averaged), mal noise of equal power in the ref- J=Ratio (in dB) of the maximum permis- erence bandwidth.3 sible long-term interfering power to When the wanted signal uses FM modu- the long-term thermal noise power in lation with rms modulation indices the receiving system (where long-term which are greater than unity, W is ap- refers to 20 percent of the time),1 proximately 4 dB, regardless of the n=Number of expected entries of inter- characteristics of the interfering sig- ference, assumed to be uncorrelated, p=Percentage of the time during which the nal. For low index terrestrial FDM/FM interference from one source may ex- systems a very small reference band- ceed the allowable maximum value, width (4 kHz) should be assumed in po=Percentage of the time during which order to avoid the necessity of dealing the interference from all sources may with a large range of characteristics of exceed the allowable maximum value; both wanted and unwanted signals since the entries of interference are not upon which, for greater reference likely to occur simultaneously: bandwidths, the value of W would de- po=np, pend. With this assumption, W=0 dB as M(p)=Ratio (in dB) between the maximum shown in table 1, of this section. When permissible interference power during the wanted signal is digital, W is usu- p percent of the time for one entry of ally equal to or less than 0 dB, regard- interference, and during 20 percent of less of the characteristics of the inter- the time for all entries of interference, fering signal. respectively, (b) For purposes of performing inter- Mo(po)=Ratio (in dB) between the maxi- ference analyses, the maximum per- mum permissible interference power missible interference power Pmax(20%) during po percent and 20 percent of the in dBW in the reference bandwidth of time respectively, for all entries of interference,2 the potentially interfered-with station, not to be exceeded for all but 20 percent of the time from each source of in- 1 The factor J (in dB) is defined as the ratio of total permissible long-term (20 percent of terference, is given by the general for- the time) interference power in the system, mula and with the remaining param- to the long-term thermal noise power in a eters defined in paragraph (a) of this single receiver. For example, in a 50–hop ter- section. restrial hypothetical reference circuit, the Pmax(20 percent)=10 log10(n20) (kTrB) +J¥W ¥10 total allowable additive interference power is 1,000 pWOp (C.C.I.R. Recommendation 357– where 1) and the mean thermal noise power in a n20=number of assumed simultaneous inter- single hop may be assumed to be 25 pWOp. ference entries of equal power level, Therefore, since in a FDM/FM system the (c) The values of the parameters con- ratio of the interference noise power to the thermal noise power in a 4kHz band is the tained in the appropriate column of same before and after demodulation. J=16 table 1 of this section which enter into dB. In a fixed-service satellite system, the the formulas of paragraphs (a) and (b) total allowable interference power is also 1,000 pWOp (C.C.I.R. Recommendation 356–2), age of the time (1–po) percent, which de- but the thermal noise contribution of the pends, inter alia, on the local rain climate. down path is not likely to exceed 7,000 pWOp, 3 The factor W (in dB) is the ratio of RF hence J≥8.5 dB. In digital systems it may be thermal noise power to RF interference necessary to protect each communication power, in the reference bandwith, producting path individually, and in that case, long- the same interference effect after demodula- term interference power may be of the same tion (e.g. in FDM/FM system it would be ex- order of magnitude as long-term thermal pressed for equal voice channel performance; noise, hence J=0 dB. in a digital system it would be expressed for 2 Mo(po) (in dB) is the ‘‘interference mar- equal bit error probabilities). For FM sig- gin’’ between the long-term (20 percent) and nals, it is defined as follows: the short term (po percent) allowable inter- W=10 log10 [(Interfering power in the reference powers. For analogue radio-relay and ceiving system after demodulation/Thermal fixed-satellite systems in bands between 1 noise power in receiving system after de- and 15 GHz, this is the ratio (in dB) between modulation) × (Thermal noise power at the 50,000 and 1,000 pWOp (17 dB). In the case of receiver input in the reference bandwidth/ digital systems, Mo(po) may tentatively be Interfering power at radio frequency in the set equal to the fading margin for a percent- reference bandwidth)]

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of this section shall be used to compute these parameters is more appropriate the maximum permissible interference for his particular case. Where a symbol power level in all cases, unless the ap- appears in table 1 of this section, the plicant demonstrates to the Commis- actual value of the parameter rep- sion that a different set of values for resented by the symbol is to be used.

Section 25.252 Table 1. Parameters to be used in the calculation of the maximum permissible interference power level and minimum permissible basic transmission loss Frequency band (MHz) ...... 3,700± 5,925± 6,625± 10,950± 11,450± 12,500± 14,000± 4,200 6,425 7,125 11,200 12,200 12,750 14,500 Interference path ...... T→EE→TT→ET→ET→EE→TE→T

po (percent) ...... 0.03 0.01 0.03 0.03 0.03 0.01 0.01 n ...... 3 1 2 3 2 2 1 2 1 2 2 4 2 4 2 4 1 1 1 n20 ...... 3 2 3 2 2 2 2 Interference parameters and criteria ...... 2 4 2 4 2 5 p (percent) ...... 0.01 1 0.005 0.01 0.015 0.015 1 0.005 1 0.004 2 2 0.0025 2 0.0025 0.0025 J(dB) ...... 8.5 16.0 8.5 8.5 8.5 16.0 16.0 Mo(po) ...... 17.0 17.0 17.0 17.0 17.0 17.0 17.0 W(dB) ...... 4.0 0.0 4.0 4.0 4.0 0.0 0.0

NOTE 1: This value should be used for international systems. NOTE 2: This value should be used for domestic systems. E=Earth Station. T=Terrestrial Station. Frequency band ...... 3,700± 5,925± 6,625± 10,950± 11,450± 12,500± 14,000± 4,200 6,425 7,125 11,200 12,200 12,750 14,500

Interference path ...... T→EE→TT→ET→ET→EE→TE→T Reference bandwidth, B (Hz) ...... 106 4×103 106 106 106 4×103 4×103 System noise temperature,Tr (°K)Tr ...... Tr 750 Tr Tr Tr 1,500 1,500 Pt (dBW) ...... 13 PE 9 5 5 PE PE 3 Gt (dBi) ...... 42 GE(α) 46 50 50 GE(α) GE(α) 3 Gr (dBi) ...... GE(α) 45.0 GE(α) GE(α) GE(α) 50.0 50.0 Pmax(π)(dBW) ...... 10 log10 ¥131 10 log10 10 log10 10 log10 ¥128 ¥128 (Tr)(Tr)(Tr)(Tr)¥164 4 4 4 Lw(dB) ...... 0 Lw 0 0 0 Lw Lw S (dBW) ...... 173 ...... 175 175 E (dBW) ...... 55 ...... 55 55 55 ......

NOTE 3=GE (α) is the gain of the earth station antenna toward the horizon at the azimuth of interest α, and can be derived using the methods of § 25.253 (b). NOTE 4=For interference analysis, actual line loss should be used, if known, if not known, assume 0 dB.

(d) In cases where an earth station or with station be less than the maximum a terrestrial station may employ more permissible interference power level than one type of emission, the param- Pmax(p) for all but p percent of the time eters chosen for analysis should cor- (as determined in § 25.252), is equivalent respond to that pair of emissions which to the requirement that a minimum results in the greatest coordination permissible basic transmission loss be- distance. tween the two stations be exceeded for [38 FR 8575, Apr. 4, 1973, as amended at 39 FR all but p percent of the time. For uni- 33527, Sept. 18, 1974; 57 FR 21214, May 19, 1992] formity and convenience, this minimum permissible basic transmission § 25.253 Determination of coordination loss is determined for each azimuth for distance for near great circle prop- p=0.01 percent of the time, at a fre- agation mechanisms. quency of 4 GHz. This value is termed (a) The requirement that the inter- the normalized basic transmission loss ference power at the input to the re- Lo (0.01), and can be calculated from ceiver of the potentially interfered- the formula:

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Lo(0.01)=Pt+Gi+Gr¥Pmax(p)¥F(p)¥20 log10(f/ The following considerations apply to 4)¥Lw the selection of values for the param- where: eters in this formula: (1) The maximum gain of terrestrial Pt=maximum available transmitting power (in dBW) in the reference bandwidth B, antenna, either Gt or Gr, is to be used at the input to the antenna of the po- in the formula above. The representa- tentially interfering station. The rep- tive value contained in the appropriate resentative value contained in the ap- column of table 1 of § 25.252 should be propriate column of table 1 of § 25.252 used. should be used; (2) For an earth station communicat- Gt=gain (in dB relative to an isotropic radi- ing with geostationary satellites, the ator) of the transmitting antenna of gain of the earth station antenna, ei- the potentially interfering station; ther Gr or Gt, is generally taken as the Gr=gain (in dB relative to an isotropic ra- gain in the direction toward the phys- diator) of the receiving antenna of the ical horizon at the azimuth under con- potentially interfered-with station; sideration, except that in certain cases, Pmax(p)=maximum permissible inter- as described in paragraph (f) of this ference power (in dBW) in the reference section, where the elevation angle of bandwidth B of the potentially inter- ° fered-with station not to be exceeded the earth station antenna is below 12 , for all but p percent of the time as de- the main beam gain is used instead of termined from § 25.252; the horizon gain. In the case of an F(p)=correction factor (in dB) to relate the earth station communicating with non- effective percentage of the time p to geostationary satellites, an equivalent 0.01 percent of the time, for great circle time invariant gain should be used. propagation mechanisms, as deter- This time invariant gain is taken as mined from figure 1 of this section; the greater of the maximum horizon f=frequency (in GHz); gain minus 10 dB and the horizon gain Lw=receiving system transmission line loss not exceeded for more than 10 percent (in dB); none to be assumed in calcula- of the time. tion of coordination distance; (3) In those frequency bands where CORRECTION FACTOR F(p) FOR PERCENTAGES the potential for interference is from OF THE TIME p OTHER THAN 0.01% an earth station transmitter into a terrestrial receiver, a sensitivity factor S in dBW may be defined in terms of the terrestrial antenna gain Gm in dBi and the maximum permissible interference power Pmax (p) in dBW at the terrestrial receiver by

S=Gm¥Pmax(p)¥Lw With this definition, the formula for the normalized basic transmission loss may be rewritten as

Lo(0.01)=Pt+Gt+S¥F(p)¥20 log10(f/4) in terms of the parameters defined above. In this way, auxiliary contours, generated for sensitivity factor values of 5, 10, 15, 20 dB, etc. below the value corresponding to the main contour, may be convenient in performing preliminary interference analyses. (4) In those frequency bands where the potential for interference is from a terrestrial transmitter into an earth station receiver, an equivalent isotropically radiated power E in dBW FCC § 25.253, Figure 1. may be defined in terms of the terrestrial transmitter power Pm in dBW and 330

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the terrestrial antenna gain Gm in dBi main contour, may be convenient in by performing preliminary interference analyses. E=Pm+Gm (b) The gain of the earth station an- With this definition, the formula for tenna in the direction of the physical the normalized basic transmission loss horizon around the earth station may may be rewritten as be computed by the following method Lo(0.01)=E+Gr¥Pmax(p)¥F(p)¥20 log10 (f/ with the aid of figure 2 in the case of 4)¥Lw an earth station communicating with in terms of the parameters defined geostationary satellites. An example of above. In this way, auxiliary contours, this method is illustrated in figure 3 in generated for equivalent isotropically the particular case of an earth station radiated powers of 5, 10, 15, 20 dB, etc., location at 45° north latitude for an below the value corresponding to the azimuth of 210°

(1) Figure 2 shows the permissible lo- which coordination is to be effected is cation arcs of geostationary satellites marked off between the appropriate in a rectangular azimuth-elevation limits. The example of figure 3 shows plot (α, ε3), each arc corresponding to a that portion of the arc of the geo- particular earth station latitude, λ. stationary orbit visible from an earth For the latitude of the given earth sta- station at a latitude of 45° N. for the tion, that portion of the geostationary case of satellites located between 10° E. arc visible at the earth station for and 45° W. of the earth station.

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(2) The horizon profile θ (α) as a func- along the bottom of figure 2 as illus- tion of the azimuth α is then plotted trated in the example of figure 3.

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(3) At each azimuth interval (e.g. for Zone C: Sea, at latitudes between 23.5° N. and each 5° of azimuth), the minimum an- 23.5° S., inclusive. φ α gular distance ( o) (between the phys- In addition, zones B and C are taken to α ical horizon at azimuth o and the plot- extend inland, either to the distance at ted portion of the geostationary arc) is which the height of the terrain is 100 m determined graphically, as illustrated above sea level, or 50 km inland, which- in figure 3, using the elevation scale at ever is less. the far left of the figure. (d) The coordination distance due to (4) The earth station gain toward the near great circle propagation mecha- horizon at azimuth α may now be de- o nisms in a particular direction is cal- termined by evaluating either the actual earth station antenna pattern, if culated from the normalized basic known, or the reference antenna pat- transmission loss Lo (0.01) computed tern, if known, or the reference an- from the formula of paragraph (a) of tenna pattern of § 25.209 at the mini- this section in the following manner: (1) Using the normalized basic trans- mum angular distance φ(αo). (c) The dependence of basic transmission loss Lo (0.01), a unit elevation mission loss on climate is reflected in correction Ho (in dB) is obtained for the definition of three radio-climatic the frequency under consideration from zones: figure 4 for the appropriate radio-climatic zone. Linear interpolation be- Zone A: Land; tween the curves of figure 4 is used for ° Zone B: Sea at latitudes greater than 23.5 N. frequencies not shown. and 23.5° S.;

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UNIT ELEVATION ANGLE CORRECTION AS A UNIT ELEVATION ANGLE CORRECTION AS A FUNCTION OF NORMALIZED BASIC TRANS- FUNCTION OF NORMALIZED BASIC TRANS- MISSION LOSS AND FREQUENCY, ZONE A MISSION LOSS AND FREQUENCY, ZONE C

FCC § 25.253, FIGURE 4(a). FCC § 25.253, FIGURE 4(c). UNIT ELEVATION ANGLE CORRECTION AS A (2) This unit elevation correction H FUNCTION OF NORMALIZED BASIC TRANS- o MISSION LOSS AND FREQUENCY, ZONE B together with the elevation angle of the physical horizon in the direction of azimuth under consideration is then used with figure 5 for the appropriate radio-climatic zone to obtain the total horizon correction H (in dB). If the horizon elevation is less than 0.2°, the value of 0 dB is used for H.

FCC § 25.253, FIGURE 4(b).

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(3) The required coordination loss Lc Lc=Lo(0.01)¥H (in dB) is then calculated by subtract- (4) The coordination distance for the ing the total horizon correction H from radio-climatic zone in which the earth the normalized basic transmission loss station is located can now be deter- Lo (0.01) mined from figure 6 for the appropriate radio-climatic zone together with the required coordination loss Lc and the frequency f.

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(5) For those azimuths for which the (xA/DA)+(xB/DB)+(xC/DC)=1 earth station antenna elevation angle where DA, DB, and DC are the coordina- is less than 12°, the coordination dis- tion distances in zones A, B, and C, re- tance calculated in this manner may spectively, calculated under the as- have to be adjusted in accordance with sumption that the radio path lies en- the procedure set forth in paragraph (f) tirely in zones A, B, and C, respec- of this section. tively. The use of this relationship is (e) When the coordination distance, illustrated by the following examples. calculated for the radio-climatic zone (1) Assume that the earth station is in which the earth station is located, located in zone A and that a coordina- extends into another radio-climatic tion distance DA=345 km has been cal- zone, the effective multizone coordina- culated assuming that the radio path tion distance is the sum of the dis- lies only in zone A. However, in the tances xA, xB, and xC traversed by the particular direction being considered, radio path in zones A, B, and C, respec- the radio path crosses over into zone B tively, which are determined from the at a distance of 290 km from the earth relationship station. Assume further, that if the station were located in zone B, a coordination distance of DB=530 km 339

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would be required. Setting xC=0, the re- (iii) The zone A curves of figures 4, 5, lationship above can be solved for the and 6 are used irrespective of the ac- unknown distance xB in zone B: tual radio-climatic zone. (2) If the coordination distance d′ cal- xB=DB [1¥(xA/DA)] culated in this manner is greater than By substituting the known values the regular coordination distance do, xA=290 km, DA=345 km and DB=530 km, the effective coordination distance dc the required distance in zone B is found for this azimuth is then taken as to be x =85 km. The effective coordina- B dc=do+[(d′¥do)(12-S)/7]km 5° 4S412° tion distance d is then found to be c where Σ is the earth station antenna dc=xA+xB=290+85=375 km. elevation angle. (2) Taking this same example one [38 FR 8577, Apr. 4, 1973, as amended at 39 FR step further, assume that the radio 33527, Sept. 18, 1974] path reenters zone A at a distance of 340 km from the earth station. In this § 25.254 Computation of coordination distance contours for propagation case, the distance initially traversed modes associated with precipitation by the radio path in zone A is know to scatter. be xA′=290 km, and distance in zone B is ′ (a) For a given pointing azimuth and xB=340¥xA =50 km. Therefore, it is nec- elevation angle of an earth station an- essary to solve for the remaining dis- tenna, a rain scatter coordination dis- ′′ tance xA in zone A by tance contour, calculated in accord-

xA′′=DA[1¥(xB/DB)]¥xA′. ance with the procedure set forth below takes the form of a circle of radius dcr, Substituting the values for DA, xB, DB, ′ ′′ the rain scatter coordination distance, and xA , xA is found to be centered at a point offset from the xA′′=345[1¥(50/530)]¥290=21 km earth station location by a distance Dr so that the total lengths of the two in the direction of azimuth of the main beam of the earth station antenna. segments of the radio path lying in This offset distance D is a function of zone A is r both the rain scatter distance dcr and xA=xA′+xA′′=290+21=311 km the earth station antenna elevation and the effective coordination distance angle. In the case of an earth station is designed for operation with communication-satellites located at any point dc=xA+xB=311+50=361 km. along a specified portion of the geo- (f) The coordination distance cal- stationary arc, this functional depend- culated in paragraphs (d) and (e) of this ence entails the generation of rain section may be too small for those azi- scatter coordination distance contours muths at which the elevation of the an- for each azimuth direction in which the tenna of an earth station communicat- earth station antenna may point. The ing with a geostationary satellite is effective rain scatter coordination distance contour is then taken as the en- below 12°. In these cases the following velope defined by all these individual procedure is to be used to determine contours. It may be convenient to whether the regular coordination dis- eliminate the need to consider multiple tance contour for each of these azi- contours by taking an effective rain muths should be increased: scatter coordination distance contour ′ (1) A coordination distance d is cal- as a circle centered at the earth sta- culated for such an azimuth in the tion location with a radius equal to the same manner as for the regular coordi- sum of the rain scatter distance dcr and nation distance d from paragraph (d) o the maximum offset distance Dr at the of this section, except that: minimum elevation angle. Such a pro- (i) The main beam gain of the earth cedure is conservative, since the result- station antenna is used instead of the ing contour will always be larger than horizon gain, necessary, but for earth stations hav- (ii) The earth station antenna ele- ing minimum elevation angles above vation angle for this azimuth is used 20°, the increase in area inside the con- instead of the horizon elevation angle, tour will be small.

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(b) For the purposes of computing moving the boundary of rain climate 2 rain scatter coordination distance con- farther west in Colorado and several tours and to establish maximum scat- nearby States than would be dictated tering heights, below which main-beam considering rain only.) In the case of intersections will not generally be per- Alaska, Hawaii and in the off-shore mitted, the 48 contiguous United U.S. possessions and territories, appli- States have been divided into five rain cants should select the most appro- climates. These rain climates are listed priate rain climate based on rainfall in table 1 of this paragraph. The five statistics, pending the adoption of climates are distinguished by the sta- rules setting forth maps and/or other tistical distribution of their instanta- information for these areas. neous rainfall rates throughout the TABLE 1 year. These defining distributions, taken from the CCIR literature, are Maximum Rain cli- scattering shown graphically in figure 1 of this mate Description height paragraph. In the absence of specific (km) information on the rainfall statistics 1 Maritime sub-tropical ...... 15 at a proposed station location, the map 2 Continental temperate ...... 11 shown in figure 2 of this paragraph 3 Maritime temperate ...... 7 may be used. This map shows bound- 4 Mediterranean ...... 7 aries approximating the actual rain 5 Mid-latitude interior ...... 7 climates. (This map also takes into ac- NOTE: Maximum heights shown here are based on values given in Table 8.2±III, Report of the Special Joint Meeting of count the effect of scatter from hail by the CCIR, Geneva, Feb.±March 1971, page 99.

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(c) To determine the rain scatter co- value may be determined from the appropriate column of table 1 of § 25.252; ordination distance dcr, it is first necessary to calculate the normalized rain Pmax(p)=maximum permissible interference power (in dBW) to the inter- scatter coordination loss Lr (0.01) from fered-with station not to be exceeded the formula for all but the short-term percentage of the time p from § 25.252; Lr(0.01)=Pt+DG¥Pmax(p)¥Fr(p,f)¥Lw Fr(p,f)=correction factor (in dB) to relate where: the effective short-term percentage of the time p to 0.01 percent of the time, Pt=power (in dBW) available at the antenna input of the interfering earth for precipitation scatter propagation mechanisms, as determined from figure station from table 1 of § 25.252; 3 of this section; D =difference (in dB) between the maxi- G f=frequency (in GHz); mum gain of the terrestrial station an- Lw=receiving system transmission line loss tenna in the frequency band under con- (in dB); assumed to be zero in calcula- sideration and the value of 45 dBi. This tion of rain scatter contour.

This normalized rain scatter coordina- f to determine the rain scatter coordi- tion loss Lr (0.01) is then used with the nation distance dcr. appropriate figure 4 and the frequency

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(d) The rain scatter coordination dis- significant number of terrestrial sta- tance dcr is then used together with the tions from further consideration. (This earth station antenna elevation angle Σ same type of preliminary analysis may with figure 5 to determine the offset also be employed by terrestrial station distance Dr. applicants effecting coordination with existing or proposed earth stations.) DISTANCE Dr as a Function of Rain Scatter This preliminary interference analysis Distance dcr and Earth Station Main Beam Elevation Angle Σ takes the form of a refinement of the coordination distance calculation of § 25.253 using the antenna gain of each terrestrial station in the direction of the earth station, determined in accordance with paragraph (d)(3) of this section, instead of the maximum terrestrial antenna gain. (b) A detailed interference analysis must be performed for each possible interference path which cannot be eliminated from further consideration in regard to harmful interference by means of a preliminary analysis of the type described in paragraph (a) of this section. In order that a uniform procedure be employed by all applicants to assess the likelihood of interference between specific terrestrial stations and specific earth stations, a detailed interference analysis for near great-circle propagation mechanisms shall be performed by calculating the interference margin, Pmar(p) in dB that is available for all but p percent of the time at the input to the receiver of the potentially interfered-with station from the formula

Pmar(p)=Pmax(p)¥Prec(p) where: IGURE FCC § 25.254, F 5 Pmax(p)=maximum permissible inter- [38 FR 8578, Apr. 4, 1973] ference power (in dBW) in the reference bandwidth at the receiver input of the § 25.255 Guidelines for performing in- potentially interfered-with station not terference analyses for near great to be exceeded for all but p percent of circle propagation mechanisms. the time, as calculated in § 25.252; Prec(p)=interference power (in dBW) in the (a) Once a great circle coordination reference bandwidth at the receiver distance contour has been computed a input of the potentially interfered-with proposed earth station in accordance station not exceeded for all but p per- with § 25.253, it is necessary to deter- cent of the time, for near great circle mine the likelihood of harmful inter- propagation mechanisms, as calculated ference between the proposed earth sta- in paragraph (c) of this section. tion and each existing or proposed ter- Because of the different tropospheric restrial station located within that propagation modes that may occur, it contour sharing the same frequency is necessary to calculate an inter- band(s). Before performing the detailed ference margin Pmar(p) for both: A interference analyses described in short-term percentage of the time, for paragraphs (b) through (d) of this sec- example, p=0.01 percent; and a long- tion, the earth station applicant may term percentage of the time, specifi- perform a preliminary interference cally p=20 percent. If the interference analysis that will usually eliminate a margins calculated for both the short-

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term and the long-term percentages of relate this total power to power in the the time are greater than zero, it may reference bandwidth. then be assumed that harmful inter- (2) The gain of an earth station an- ference will not be caused to the poten- tenna, either Gt or Gr, is to be taken as tially interfered-with station by the the gain of the earth station antenna potentially interfering station. Values toward the horizon in the direction of of Pmax(p), for both the short-term and the potentially interfered-with or the long-term percentages of the time, interfering terrestrial station. For are to be determined in accordance earth stations communicating with with the formulas of § 25.252 and the ap- geostationary satellites, this gain is propriate values from table 1 of § 25.252, calculated by the procedure of unless it is demonstrated to the Com- § 25.253(b). mission that another choice of values (3) The gain of a terrestrial station is more appropriate for the stations for antenna, either Gt or Gr, is to be taken which coordination is being effected. as the gain of the terrestrial antenna (c) The interference power Prec(p) in evaluated at an off-axis discrimination dBW in the reference bandwidth at the angle equal to the acute angle between receiver input of the potentially inter- the direction to the potentially interfered-with station not exceeded for all fering or interfered-with earth station but p percent of the time is calculated and the direction to the adjacent ter- from restrial station in the radio relay sys- Prec(p)=Pt+Gt+Gr¥Lw¥L(p) tem. Initially, it should be assumed where: that the sidelobe pattern of the terrestrial antenna meets only standard B of Pt=maximum available transmitting power (in dBW) in the reference bandwidth at § 21.108(c) of this chapter. If the results the input to the transmitting antenna of this calculation indicates the likeli- of the potentially interfering station, hood of interference, the pattern of Gt=gain (in dB with respect to isotropic) of standard A should then be used. If such the transmitting antenna, of the poten- an antenna would eliminate the likeli- tially interfering station in the perti- hood of interference, then the provi- nent direction, sions of § 21.109(c) of this chapter apply. Gr=gain (in dB with respect to isotropic) of the receiving antenna of the poten- (4) If the actual receiving system line tially interfered-with station in the loss, Lw, of the potentially interfered- pertinent direction, with station is known, it may be used L(p)=basic transmission loss (in dB) in calculating the interference power. present between the two stations for If unknown, zero dB must be assumed. all but p percent of the time, (5) The calculation of the basic trans- Lw=receiving system transmission line loss (in dB) mission loss L(p) available for all but p percent of the time, is to be done in ac- (d) The following considerations cordance with the methods of NBS apply to the selection of values as- Technote 101, 1966 (Revised) judiciously signed to the parameters of the for- applied and interpreted, taking into ac- mula of paragraph (c) of this section. count the appropriate terrain charac- (1) The transmitting power Pt of the teristics and the appropriate tropo- potentially interfering station is to be spheric propagation mechanisms. Ex- taken from the appropriate column of trapolation of the methods and values table 1 of § 25.252, except that in cases given in Technote 101 to percentages of where the actual power available at the time less than 0.01 percent should be antenna input of the potentially inter- made cautiously. fering station is known, this actual (e) Appendix 28 of the international power should be used, subject to ad- radio regulations and certain reports justment for any change in power ex- and recommendations of the CCIR may pected in the foreseeable future for ef- provide additional information and fective spectrum utilization and sys- serve as useful references. In particu- tem performance. The values of the lar, applicants and operators should be transmitting power P for terrestrial t aware of the latest revisions of reports stations set forth in table 1 of § 25.252 244, 382, and 448. are expressed in terms of total power and may be subject to adjustment to [38 FR 8579, Apr. 4, 1973]

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§ 25.256 Guidelines for performing in- may specify geographic coordinates for terference analyses for precipita- a maximum of eight feeder link earth tion scatter modes. station complexes that transmit in the (a) Once rain scatter coordination 29.1–29.25 GHz band. The other NGSO distance contours have been deter- MSS operator licensed to use the 29.1– mined, it is necessary to determine the 29.25 GHz band may specify geographic likelihood of impermissible levels of coordinates for a maximum of two interference between the proposed feeder link earth station complexes earth station and each existing or pro- that transmit in the 29.1–29.25 GHz posed terrestrial station located within band. the rain scatter coordination distance. (d) Additional NGSO MSS operators (b) It may be presumed that any in- may be licensed in this band if the ad- terference caused by precipitation ditional NGSO MSS operator shows scatter propagation mechanisms will that its system can share with the ex- be acceptable and that the interference isting NGSO MSS systems. paths may be eliminated from inter- (e) All NGSO MSS operators shall co- ference if the interference margin operate fully and make reasonable ef- Pmar (p) defined in § 25.255(b) is greater forts to identify mutually acceptable than zero when the received inter- locations for feeder link earth station ference power Prec (p) is computed on complexes. In this connection, any sin- the basis of the available transmission gle NGSO MSS operator shall only loss between the earth station and ter- identify one feeder link earth station restrial station due to scattering from complex protection zone in each cat- precipitation. egory identified in § 101.147(c)(2) of this (c) Additional information is pro- chapter until the other NGSO MSS op- vided by the reports and recommenda- erator has been given an opportunity tions of the CCIR which serve as useful to select a location from the same cat- references. In particular, applicants egory. and operators should be aware of the [61 FR 44181, Aug. 28, 1996] latest revisions of reports 382, 388, 448 and 569, XVIIth Plenary Assembly, EFFECTIVE DATE NOTE: At 61 FR 44181, Aug. Dusseldorf, 1990. 28, 1996, § 25.257 was added, effective Oct. 28, 1996. [58 FR 13421, Mar. 11, 1993] § 25.258 Sharing between NGSO MSS § 25.257 Special requirements for oper- Feeder links Stations and GSO FSS ations in the band 29.1–29.25 GHz services in the 29.25–29.5 GHz between NGSO MSS and LMDS. Bands. (a) Non-geostationary mobile sat- (a) Operators of NGSO MSS feeder ellite service (NGSO MSS) operators link earth stations and GSO FSS earth shall be licensed to use the 29.1–29.25 stations in the band 29.25 to 29.5 GHz GHz band for Earth-to-space trans- where both services have a co-primary missions from feeder link earth station allocation shall cooperate fully in complexes. A ‘‘feeder link earth station order to coordinate their systems. Dur- complex’’ may include up to three (3) ing the coordination process both serv- earth station groups, with each earth ice operators shall exchange the nec- station group having up to four (4) an- essary technical parameters required tennas, located within a radius of 75 for coordination. km of a given set of geographic coordi- (b) Licensed GSO FSS systems shall, nates provided by a NGSO MSS licens- to the maximum extent possible, oper- ees or applicants pursuant to § 101.147. ate with frequency/polarization selec- (b) A maximum of seven (7) feeder tions, in the vicinity of operational or link earth station complexes in the planned NGSO MSS feeder link earth contiguous United States, Alaska and station complexes, that will minimize Hawaii may be placed into operation, instances of unacceptable interference in the largest 100 MSAs, in the band to the GSO FSS space stations. 29.1–29.25 GHz in accordance with (c) NGSO MSS satellites operating in § 25.203 and § 101.147 of this chapter. this frequency band shall compensate (c) One of the NGSO MSS operators for nodal regression due to the oblate licensed to use the 29.1–29.25 GHz band shape of the Earth, and thus maintain

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constant successive sub-satellite by the operator at the control point ground tracks on the surface of the until the deviation or interference is Earth. corrected, except that transmissions (d) NGSO MSS systems applying to concerning the immediate safety of life use the 29.25–29.5 GHz band, for feeder or property may be conducted for the link earth station uplink, will have to duration of the emergency; and demonstrate that their system can (4) The licensee shall have available share with the authorized U.S. GSO/ at all times the technical personnel FSS systems operating in this band. necessary to perform expeditiously the [61 FR 44181, Aug. 28, 1996] technical servicing and maintenance of EFFECTIVE DATE NOTE: At 61 FR 44181, Aug. the remote stations. 28, 1996, § 25.258 was added, effective Oct. 28, (d) The licensee shall insure that the 1996. licensed facilities are properly secured against unauthorized access or use Subpart D—Technical Operations whenever an operator is not present at the transmitter. SOURCE: 58 FR 13421, Mar. 11, 1993, unless otherwise noted. § 25.272 General inter-system coordination procedures. § 25.271 Control of transmitting stations. (a) Each space station licensee in the (a) The licensee of a facility licensed Fixed-Satellite Service shall establish under this part is responsible for the a satellite network control center proper operation and maintenance of which will have the responsibility to the station. monitor space-to-Earth transmissions (b) The licensee of a transmitting in its system. This would indirectly earth station licensed under this part monitor uplink earth station trans- shall ensure that a trained operator is missions in its system and to coordi- present on the earth station site, or at nate transmissions in its satellite sys- a designated remote control point for tem with those of other systems to pre- the earth station, at all times that vent harmful interference incidents or, transmissions are being conducted. No in the event of a harmful interference operator’s license is required for a per- incident, to identify the source of the son to operate or perform maintenance interference and correct the problem on facilities authorized under this part. promptly. (c) Authority will be granted to oper- (b) Each space station licensee shall ate a transmitting earth station by re- maintain on file with the Commission mote control only on the conditions and with its Laurel, Maryland field of- that: fice a current listing of the names, ti- (1) The parameters of the trans- tles, addresses and telephone numbers missions of the remote station mon- of the points of contact for resolution itored at the control point, and the of interference problems. Contact per- operational functions of the remote sonnel should include those responsible earth stations that can be controlled by the operator at the control point, for resolution of short term, immediate are sufficient to insure that the oper- interference problems at the system ations of the remote station(s) are at control center, and those responsible times in full compliance with the re- for long term engineering and tech- mote station authorization(s); nical design issues. (2) The earth station facilities are (c) The transmitting earth station li- protected by appropriate security censee shall provide the operator(s) of measures to prevent unauthorized the satellites, on which the licensee is entry or operations; authorized to transmit, contact tele- (3) Upon detection by the license, or phone numbers for the control center upon notification from the Commission of the earth station and emergency of a deviation or upon notification by telephone numbers for key personnel; a another licensee of harmful inter- current file of these contacts shall be ference, the operation of the remote maintained at each satellite system station shall be immediately suspended control center.

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(d) An earth station licensee shall en- able interference to other users, includ- sure that each of its authorized earth ing the polarization angles for proper stations complies with the following: illumination of a given transponder. (1) The earth station licensee shall (c) Space station licensees are re- ensure that there is continuously sponsible for maintaining complete and available means of communications be- accurate technical details of current tween the satellite network control and planned transmissions over their center and the earth station operator satellites, and shall require that au- or its remote control point as des- thorized users of transponders on their ignated by the licensee. satellites, whether by tariff or con- (2) The earth station operator shall tract, provide any necessary technical notify the satellite network control information in this regard including center and receive permission from the that required by § 25.272. Based on this control center before transmitting to information, space station licensees the satellite or changing the basic shall exchange among themselves gen- characteristics of a transmission. eral technical information concerning (3) The earth station operator shall current and planned transmission pa- keep the space station licensee in- rameters as needed to identify and formed of all actual and planned usage. promptly resolve any potential cases of (4) Upon approval of the satellite net- unacceptable interference between work control center, the earth station their satellite systems. operator may radiate an RF carrier (d) Space stations authorized after into the designated transponder. May 10, 1993 which do not satisfy the Should improper illumination of the requirements of § 25.210 may be re- transponder or undue adjacent trans- quired to accept greater constraints in ponder interference be observed by the resolving interference problems than satellite network control center, the complying ones. The extent of these earth station operator shall imme- constraints shall be determined on a diately take whatever measures are case-by-case basis. needed to eliminate the problem. (5) The space station licensee may § 25.274 Procedures to be followed in delegate the responsibility and duties the event of harmful interference. of the satellite network control center to a technically qualified user or group (a) The earth station operator whose of users, but the space station licensee transmission is suffering harmful in- shall remain ultimately responsible for terference shall first check the earth the performance of those duties. station equipment to ensure that the equipment is functioning properly. § 25.273 Duties regarding space com- (b) The earth station operator shall munications transmissions. then check all other earth stations in (a) No person shall: the licensee’s network that could be (1) Transmit to a satellite unless the causing the harmful interference to en- specific transmission is first authorized sure that none of the licensee’s earth by the satellite network control cen- stations are the source of the inter- ter; ference and to verify that the source of (2) Conduct transmissions over a interference is not from a local terres- transponder unless the operator is au- trial source. thorized by the satellite licensee or the (c) After the earth station operator satellite licensee’s successor in inter- has determined that the source of the est to transmit at that time; or interference is not another earth sta- (3) Transmit in any manner that tion operating in the same network or causes unacceptable interference to the from a terrestrial source, the earth sta- authorized transmission of another li- tion operator shall contact the sat- censee. ellite system control center and advise (b) Satellite operators shall provide the satellite operator of the problem. upon request by the Commission and The control center operator shall ob- by earth station licensees authorized serve the interference incident and to transmit on their satellites relevant make reasonable efforts to determine information needed to avoid unaccept- the source of the problem. A record

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shall be maintained by the control cen- transmit any number of r.f. carriers on ter operator and the earth station op- any discrete frequencies within an au- erator of all harmful interference inci- thorized frequency band in accordance dents and their resolution. These with the other terms and conditions of records shall be made available to an the authorization and the requirements FCC representative on request. of this part. Specific r.f. carrier fre- (d) Where the suspected source of the quencies within the authorized fre- interference incident is the operation quency band shall be selected by the li- of an earth station licensed to operate censee to avoid unacceptable levels of on one or more of the satellites in the interference being caused to other satellite operator’s system, the control earth, space or terrestrial stations. center operator shall advise the offend- Any coordination agreements, both doing earth station of the harmful inter- mestic and international, concerning ference incident and assist in the reso- specific frequency usage constraints, lution of the problem where reasonably including non-use of any particular fre- possible. quencies within the frequency bands (e) The earth station licensee whose listed in the station authorization, are operations are suspected of causing considered to be conditions of the sta- harmful interference to the operations tion authorization. of another earth station shall take rea- (c) A license for a transmitting earth sonable measures to determine whether station will normally specify only the its operations are the source of the r.f. carriers having the highest e.i.r.p. harmful interference problem. Where density, the narrowest bandwidth, and the operations of the suspect earth sta- the largest bandwidth authorized for tion are the source of the interference, transmission from that station. Unless the licensee of that earth station shall otherwise specified in the station au- take all measures necessary to elimi- thorization, the licensee is authorized nate the interference. to transmit any other type of carrier (f) At any point, the system control not specifically listed which does not center operator may contact the Com- exceed the highest e.i.r.p., e.i.r.p. den- mission’s Laurel, Maryland office to sity and bandwidth prescribed for any assist in resolving the matter. This of- listed emission. fice specializes in the resolution of sat- (d) Only the most sensitive emis- ellite interference problems. All licens- sion(s) for which protection is being af- ees are required to cooperate fully with forded from interference in the author- the Commission in any investigation of ized receive frequency band(s) will be interference problems. specified in the station authorization. (g) Where the earth station suspected of causing interference to the oper- § 25.276 Points of communication. ations of another earth station cannot (a) Unless otherwise specified in the be identified or is identified as an earth station authorization, an earth station station operating on a satellite system is authorized to transmit to any space other than the one on which the earth station in the same radio service pro- station suffering undue interference is vided that permission has been re- operating, it is the responsibility of a ceived from the space station operator representative of the earth station suf- to access that space station. fering harmful interference to contact (b) Space stations licensed under this the control center of other satellite part are authorized to provide service systems. to earth stations located within the specified service area. Coastal waters § 25.275 Particulars of operation. within the outer continental shelf shall (a) Radio station authorizations is- be considered to be included within the sued under this part will normally service area specified by the named specify only the frequency bands au- land mass. thorized for transmission and/or recep- (c) Transmission to or from foreign tion of the station. points over space stations in the Fixed- (b) When authorized frequency bands Satellite Service, other than those op- are specified in the station authoriza- erated by the International Tele- tion, the licensee is authorized to communications Satellite Organization

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and Inmarsat, are subject to the poli- § 25.278 Additional Coordination Obli- cies set forth in the Report and Order, gation for Non-Geostationary and adopted January 19, 1996 in IB Docket Geostationary Satellite Systems In No. 95–41. Frequencies Allocated to the Fixed- Satellite Service. [58 FR 13421, Mar. 11, 1993, as amended at 61 Licensees of non-geostationary sat- FR 9953, Mar. 12, 1996] ellite systems that use frequency bands allocated to the fixed-satellite service § 25.277 Temporary fixed earth station for their feeder link operations shall operations. coordinate their operations with li- (a) When an earth station in the censees of geostationary fixed-satellite Fixed-Satellite Service is to remain at service systems licensed by the Com- a single location for fewer than 6 mission for operation in the same fre- months, the location may be consid- quency bands. Licensees of geo- ered to be temporary fixed. Services stationary fixed-satellite service sys- provided at a single location which are tems in the frequency bands that are initially known to be of longer than six licensed to non-geostationary satellite months’ duration shall not be provided systems for feeder link operations shall under a temporary fixed authorization. coordinate their operations with the licensees of such non-geostationary sat- (b) When a station, authorized as a ellite systems. temporary fixed earth station, is to remain at a single location for more than [59 FR 53330, Oct. 21, 1994] six months, application for a regular § 25.279 Inter-satellite service. station authorization at that location shall be filed at least 30 days prior to (a) Any non-geostationary satellite the expiration of the six-month period. communicating with other space sta- (c) The licensee of an earth station tions may use frequencies in the inter- satellite service as indicated in § 2.106. which is authorized to conduct tem- This does not preclude the use of other porary fixed operations in bands shared frequencies for such purposes as pro- co-equally with terrestrial fixed sta- vided for in several service definitions, tions shall provide the following infor- e.g., FSS. The technical details of the mation to the licensees of all terres- proposed inter-satellite link shall be trial facilities lying within the coordi- provided in accordance with § 25.114(c). nation contour of the proposed tem- (b) Operating conditions. In order to porary fixed earth station site before ensure compatible operations with au- beginning transmissions: thorized users in the frequency bands (1) The name of the person operating to be utilized for operations in the the station and the telephone number inter-satellite service, these inter-sat- at which the operator can be reached ellite service systems must operate in directly; accordance with the conditions speci- (2) The exact frequency or fre- fied in this section. quencies used and the type of emissions (1) Coordination requirements with fed- and power levels to be transmitted; and eral government users. (i) In frequency (3) The commencement and antici- bands allocated for use by the inter- satellite service that are also author- pated termination dates of operation ized for use by agencies of the federal from each location. government, the federal use of fre- (d) Transmissions may not be com- quencies in the inter-satellite service menced until all affected terrestrial li- frequency bands is under the regu- censees have been notified and the latory jurisdiction of the National earth station operator has confirmed Telecommunications and Information that unacceptable interference will not Administration (NTIA). be caused to such terrestrial stations. (ii) The Commission will use its ex- (e) Operations of temporary fixed isting procedures to reach agreement earth stations shall cease immediately with NTIA to achieve compatible oper- upon notice of harmful interference ations between federal government from the Commission or the affected li- users under the jurisdiction of NTIA censee. and inter-satellite service systems

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through frequency assignment and co- (2) The development and testing of ordination practice established by equipment intended for use in the NTIA and the Interdepartment Radio space radiocommunication service; Advisory Committee (IRAC). In order (3) Path loss tests necessary to the to facilitate such frequency assign- location of newly proposed earth sta- ment and coordination, applicants tions in the space radiocommunication shall provide the Commission with suf- service. ficient information to evaluate electro- (b) Eligibility: An authorization for magnetic compatibility with the fed- developmental operation of a station in eral government users of the spectrum, the space radiocommunication service and any additional information re- may be issued only to qualified parties quested by the Commission. As part of who make a showing that they may be the coordination process, applicants reasonably expected to contribute to shall show that they will not cause in- the development of the space terference to authorized federal gov- radiocommunication service. ernment users, based upon existing sys- (c) Forms to be used: A separate ap- tem information provided by the gov- plication for construction permit shall ernment. The frequency assignment be submitted on FCC Form 493 for each and coordination of the satellite sys- earth station. No form is used for space tem shall be completed prior to grant stations. See § 25.114 for information to of construction authorization. be supplied in space station applica- (2) Coordination among inter-satellite tions. service systems. Applicants for authority (d) Showing required: Each application to establish inter-satellite service are for developmental operation shall be encouraged to coordinate their pro- accompanied by a showing that: posed frequency usage with existing (1) The applicant has an organized permittees and licensees in the inter- plan leading to a specific objective in satellite service whose facilities could the development of the space be affected by the new proposal in radiocommunication service. terms of frequency interference or re- (2) A point has been reached in the stricted system capacity. All affected program where transmission by radio applicants, permittees, and licensees, will be essential to the further progress shall at the direction of the Commis- thereof. sion, cooperate fully and make every reasonable effort to resolve technical (3) The public interest, convenience, problems and conflicts that may in- or necessity will be served by the prohibit effective and efficient use of the posed operation. radio spectrum; however, the permittee (4) In the event that the applicant or licensee being coordinated with is seeks authority to construct and oper- not obligated to suggest changes or re- ate a space station, capable of being engineer an applicant’s proposal in placed in earth orbit and communicat- cases involving conflicts. ing with earth stations, the Commis- sion may require a statement which [59 FR 53331, Oct. 21, 1994] discloses that arrangements have been made between the applicant and an en- Subpart E—Developmental tity authorized to operate an earth sta- Operations tion for transmission of communications signals to or reception of commu- § 25.300 Developmental operation. nications signals from such earth sta- (a) Scope of service: Communication- tion. Satellite developmental stations will (5) In the event that the applicant be permitted to conduct the following seeks authority to construct and oper- types of operations: ate an earth station capable of operat- (1) The development of new tech- ing with a space station, the Commis- niques which give promise of improve- sion may require a statement which ment in the space radiocommunication discloses that arrangements have been service;

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made between the applicant and an en- or more existing earth station anten- tity authorized to operate a space sta- nas, where FAA notification prior to tion for transmission of communica- such construction or alteration is re- tions signals to or reception of commu- quired by part 17 of this chapter, must nications signals from such space sta- include the FCC Antenna Structure tion. Registration Number(s) for the affected (e) Supplementary statement required: satellite earth station antenna(s). If no Every application for authority to en- such number has been assigned at the gage in developmental operation shall time the application is filed, the appli- be accompanied by a statement signed cant must state in the application by the applicant in which it is agreed whether the satellite earth station an- that any authorization issued pursuant tenna owner has notified the FAA of thereto will be accepted with the ex- the proposed construction or alteration press understanding of the applicant and applied to the FCC for an Antenna that it is subject to change in any of Structure Registration Number in ac- its terms or to cancellation in its en- cordance with part 17 of this chapter. tirety at any time, upon reasonable no- Applications proposing construction of tice but without hearing, if, in the one or more earth station antennas or opinion of the Commission, cir- alteration of the overall height of none cumstances should so require. or more existing earth station anten- (f) Frequencies available for assign- nas, where FAA notification prior to ment: Stations engaged in developmen- such construction or notification or al- tal operations may be authorized to teration is not required by part 17 of use frequencies allocated to the space this chapter, must indicate such and, radiocommunication service. When de- unless the satellite earth station an- velopment earth stations propose to tenna is 6.10 meters or less above operate in bands shared with terres- ground level (AGL), must contain a trial stations, the applicant for a devel- statement explaining why FAA notifi- opmental earth station authorization cation is not required. shall comply with the coordination re- (i) Limitations on use: Stations used quirements of § 25.203. Applications pro- for developmental operation shall be posing the operation or performance testing of communication-satellite constructed and used in such a manner space stations on the ground must in- as to conform with all of the technical clude a showing that harmful inter- and operating requirements of this part ference will not be caused to the oper- unless deviation therefrom is specifi- ation of licensed terrestrial stations. cally provided in the instrument of au- Requests for frequencies other than thorization. The rendition of commu- those allocated to the space nication service for hire is not per- radiocommunication service must be mitted under any developmental au- supported by a showing that the allo- thorization unless specifically author- cated frequencies are unsuitable. Such ized by this Commission. applications must be accompanied by a (j) Special provisions: Where some petition requesting the allocation of phases of the developmental programs frequencies for the use proposed to be are not covered by the provisions of made by the applicant, and setting this chapter, the Commission may forth the reasons in support of such specify supplemental or additional re- use. quirements or conditions in each case, (g) Interference: The operation of any as deemed necessary in the public in- station engaged in developmental oper- terest, convenience or necessity. The ations shall be subject to the condition Commission may from time to time re- that no harmful interference is caused quire a station engaged in developmen- to the operation of stations authorized tal work to conduct such special tests on a regular basis under the provisions as it finds are reasonable or desirable of this chapter. in connection with the authorized de- (h) Each application for developmen- velopmental program. tal operation proposing construction of (k) Term of authorization: Licenses for one or more earth station antennas or developmental operation shall be is- alteration of the overall height of one sued for a term of 1 year, renewable

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upon request, pursuant to the provi- (b) All video uplink facilities utiliz- sions of paragraph (o) of this section. ing a transmitter manufactured on or (l) Report of operation: A report on the after March 1, 1991 shall be equipped result of the developmental program with an ATIS encoder meeting the per- shall be filed within 60 days of the expi- formance specifications set forth in ration of the authorization. A licensee paragraph (d) of this section and the may request that its reports and asso- encoder shall be integrated into the ciated material not be made public and uplink transmitter chain in a method the Commission will determine wheth- that cannot easily be defeated. er, in the light of applicable provisions (c) The ATIS signal shall be a sepa- of law and the requirements of the pub- rate subcarrier which is automatically lic interest, such request will be grant- activated whenever any RF emissions ed. The report shall include com- occur. The ATIS information shall con- prehensive and detailed information on tinuously repeat. the following: (d) The ATIS signal shall consist of (1) The final objective. the following: (2) Analysis of the results of oper- (1) A subcarrier signal generated at a ation obtained to date. frequency of 7.1 MHz +/¥ 25 KHz and in- (3) Number of hours of operation on jected at a level no less than ¥26 dB each frequency. (referenced to the unmodulated car- (4) Copies of any published reports. rier). The subcarrier deviation shall (m) Renewal of license: If the devel- not exceed 25 kHz peak deviation. opmental program cannot be concluded (2) The protocol shall be Inter- during the license term an application national Morse Code keyed by a 1200 Hz for renewal of license should be sub- +/¥ 800 Hz tone representing a mark mitted on FCC Form 405 within 90 days and a message rate of 15 to 25 words per but not later than 30 days prior to the minute. The tone shall frequency mod- end of the license term. The report of ulate the subcarrier signal. operation as provided in paragraph (n) (3) The ATIS signal as a minimum of this section and in addition, a state- shall consist of the following: ment in which the need for continu- (i) The FCC assigned earth station ation of the program is clearly ex- call sign; plained, should be attached. In any (ii) A telephone number providing case in which the licensee has in accordance with the provisions of the immediate access to personnel capable chapter, made timely and sufficient ap- of resolving ongoing interference or co- plication for renewal of license, no li- ordination problems with the station; cense with reference to any activity of (iii) A unique ten digit serial number continuing nature shall expire until of random number code programmed the disposition of such application into the ATIS device in a permanent shall have been finally determined. manner such that it cannot be readily changed by the operator on duty; [32 FR 321, Jan. 12, 1967, as amended at 38 FR (iv) Additional information may be 8580, Apr. 4, 1973; 55 FR 20397, May 16, 1990; included within the ATIS data stream Redesignated and amended at 56 FR 24024, May 28, 1991; 61 FR 4367, Feb. 6, 1996] provided the total message length, including ATIS, does not exceed 30 sec- § 25.308 Automatic Transmitter Identi- onds. fication System (ATIS). [55 FR 21551, May 25, 1990] All satellite uplink transmissions carrying broadband video information Subparts F–G [Reserved] shall be identified through the use of an automatic transmitter identification system as specified below. Subpart H—Authorization To Own (a) Effective March 1, 1991, all sat- Stock in the Communications ellite video uplink facilities shall be Satellite Corporation equipped with an ATIS encoder meeting the specifications set forth in para- SOURCE: 28 FR 13037, Dec. 5, 1963, unless graph (d) of this section. otherwise noted.

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§ 25.501 Scope of this subpart. thorization to purchase, obtain, own, The provisions of this subpart govern or otherwise hold shares of stock in the the administration of section 304 of the corporation, shall file an application Communications Satellite Act of 1962. therefor with the Commission in ac- These rules provide the procedure by cordance with §§ 25.520–25.525. which Commission authorization may be obtained for the purchase of stock in §§ 25.516—25.519 [Reserved] the corporation, the form and content § 25.520 Contents of application. of the application, and the scope of the authorization which may be granted. Every request for authorization submitted under this subpart shall contain § 25.502 Definitions. or incorporate the following informa- (a) Communications common carrier. tion: See § 25.103(a). (a) If applicant is a corporation: (b) Authorized carrier. For the pur- (1) The name and address of the ap- poses of this subpart, the term ‘‘au- plicant. thorized carrier’’ means a communica- (2) Place of incorporation. tions common carrier which is specifi- (3) Names and addresses of directors cally authorized or which is a member of applicant. of a class of carriers authorized by the (4) Names and addresses of appli- Commission to own shares of stock in cant’s ten principal stockholders and the corporation. percentages of stock of applicant §§ 25.503—25.504 [Reserved] owned by each. (5) Names and addresses of principal § 25.505 Persons requiring authoriza- officers of applicant and percentage of tion. stock of applicant owned by each. (a) No communications common car- (6) A copy of applicant’s annual re- rier, as defined in § 25.103(a), shall pur- port to stockholders for the last full chase, obtain, own, or otherwise hold year of its operations covered by such at any time, either directly or indi- report. rectly through a subsidiary or affili- (7) A copy of applicant’s corporate ated company, nominee, person or charter. (If such charter is already on other entity subject to its control or file with the Commission, applicant direction, shares of stock in the cor- may so state.) poration created pursuant to the Com- munications Satellite Act of 1962 un- (8) Names and addresses of all compa- less authorized to do so by the Com- nies in which applicant has financial mission. interests, the nature and extent of such (b) No individual, partnership, asso- interests, and a description of the prin- ciation, joint-stock company, trust, cipal business and activities of such corporation, or other entity which companies. owns or controls, directly or indirectly, (9) Description of the intrastate, or is under direct or indirect common interstate, and foreign communication control with, any such carrier, shall services rendered by applicant itself or purchase, obtain, own, or otherwise jointly with other carriers, and the hold, at any time, shares of stock in state or states or other political sub- the corporation in its own name or divisions in which applicant’s oper- right unless authorization previously ations are conducted. shall have been obtained from the (10) Statement of why applicant be- Commission by such entity or on believes a grant of its application will be half of such entity. consistent with the public interest, §§ 25.506—25.514 [Reserved] convenience, and necessity. (b) If applicant is an individual or § 25.515 Method of securing authoriza- business organization other than a cor- tion. poration: Any person, corporation, or other en- (1) Name and address of the appli- tity, described in § 25.505, desiring au- cant.

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(2) Name and address of each person (d) Applications and amendments having a financial interest in the en- thereto need not be signed under oath; tity and a description of the nature and however, willful false statements made extent of such interest. therein, are punishable by fine and im- (3) Principal place of business of ap- prisonment, U.S. Code, Title 18, section plicant. 1001, and by appropriate administrative (4) Copy of applicant’s balance sheet sanctions, including refusal or revoca- and income statement for the last full tion of authorization to purchase, ob- year of applicant’s operations. tain, own, or otherwise hold shares of (5) Description of the intrastate, stock in the corporation. interstate, and foreign communica- § 25.522 Full disclosures. tions services rendered by applicant itself or jointly with other carriers and Each application shall contain full the state or states or other political and complete disclosures with regard subdivisions in which applicant’s oper- to the real party or parties in interest ations are conducted. and as to all matters and things required to be disclosed in the applica- (6) Statement of why applicant be- tion. lieves a grant of its application will be consistent with the public interest, § 25.523 Form of application, number convenience, and necessity. of copies, fees, etc. (c) If application is made on behalf of (a) The original application and five any entity other than the applicant it- copies thereof shall be filed with the self, the application shall so state and Commission. Each copy shall bear the shall include or incorporate the infor- dates and signatures that appear on mation for said entity specified in the original and shall be complete in paragraph (a) or (b) of this section as itself. appropriate. (b) All applications shall be on paper 8 by 101⁄2 inches with left hand margin § 25.521 Who may sign applications. not less than 11⁄2 inches wide. The im- (a) Except as provided in paragraph pression shall be on one side of the (b) of this section, every application or paper only and shall be double spaced. amendment thereto shall be personally All applications and accompanying pa- signed by the applicant, if the appli- pers, except charts, shall be type- cant is an individual; by one of the written or prepared by mechanical partners, if the applicant is a partner- processing methods. All copies must be ship; by an officer if the applicant is a clearly legible. corporation; or by a member who is an [28 FR 13037, Dec. 5, 1963, as amended at 52 officer, if the applicant is an unincor- FR 5294, Feb. 20, 1987] porated association. (b) Applications and amendments § 25.524 [Reserved] thereto may be signed by the applicant’s attorney in case of the appli- § 25.525 Action upon applications. cant’s physical disability, or in case No application filed under this sub- the applicant does not reside in any of part will be granted by the Commission the contiguous 48 states of the United earlier than 20 days following issuance States or in the District of Columbia. of public notice by the Commission of The attorney shall in that event sepa- the acceptance for filing of such appli- rately set forth the reason why the ap- cation or any substantial amendment plication is not signed by the appli- thereto. Any interested party may file cant. In addition, if any matter is stat- comments with respect to the applica- ed on the basis of the attorney’s belief tion (or amendment thereto) within only (rather than his knowledge), he this 20-day period. Such comments shall separately set forth his reasons must also be served on the applicant for believing that such statements are who shall be afforded 10 days in which true. to file reply comments. If upon exam- (c) Only the original of applications ination of any such application (or and amendments thereto need be amendment thereto) together with any signed; copies may be conformed. comments filed with respect thereto

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the Commission is unable to make a § 25.531 Revocation of authorization. finding that a grant of authorization Where any person to whom an au- will be consistent with the public in- thorization has been issued pursuant to terest, convenience, and necessity, it this subpart has willfully failed to will deny the application or institute make a complete disclosure with re- such further proceedings as in its dis- gard to the real party or parties in in- cretion appear appropriate. terest or as to all matters and things required to be disclosed in the applica- § 25.526 Amendments. tion, the Commission at any time may The Commission may at any time order such person to show cause why order or require the applicant to amend such authorization should not be re- his application so as to make it more voked. Such person will be given rea- definite and certain or to submit such sonable opportunity to respond in writ- additional documents, or statements, ing to the order to show cause. Upon as in the judgment of the Commission consideration of the response, the Com- may be necessary. mission will determine whether an order of revocation should issue or § 25.527 Defective applications. whether further proceedings, as may be appropriate, should be instituted. If an (a) Applications not in accordance order of revocation is issued, imme- with the applicable rules in this chap- diate disposition shall be made of the ter may be deemed defective and re- shares of stock purchased or otherwise turned by the Commission without ac- obtained pursuant to said authoriza- ceptance of such applications for filing tion. and consideration. (b) The assignment of a file number, if any, to an application is for the ad- Subpart I—Equal Employment ministrative convenience of the Com- Opportunities mission and does not indicate the ac- § 25.601 Equal employment oppor- ceptance of the application for filing tunity requirement. and consideration. Notwithstanding other EEO provi- §§ 25.528—25.529 [Reserved] sions within § 1.815 of this chapter, an entity that uses an owned or leased § 25.530 Scope of authorization. fixed satellite service facility (operating under this part) to provide more (a) In order to effectuate the purpose than one channel of video program- of the Communications Satellite Act of ming directly to the public must com- 1962 of promoting the widest possible ply with the equal employment oppor- distribution of stock among the au- tunity requirements set forth in part thorized carriers, each authorization 76, subpart E of this chapter, if such en- issued pursuant to this subpart by the tity exercises control (as defined in Commission shall be so conditioned part 76, subpart E of this chapter) over that in the event any voting stock au- the video programming it distributes. thorized to be issued by the corporation, which is reserved and available [58 FR 42249, Aug. 9, 1993] for purchase by authorized carriers, is oversubscribed, the Commission may PART 26—GENERAL WIRELESS specify the dollar amount or percent- COMMUNICATIONS SERVICE age of such stock which may be purchased pursuant to such authorization. Subpart A—General Information (b) All authorizations shall be issued Sec. to, or on behalf of the named applicant 26.1 Basis and purpose. and shall not be transferable. 26.2 Other applicable rule parts. (c) The Commission may attach such 26.3 Permissible communications. other conditions to the authorization 26.4 Terms and definitions. as it determines to be consistent with Subpart B—Applications and Licenses the public interest, convenience, and necessity. 26.11 Initial authorization.

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