146 Subpart A—General

§§ 24.840–24.844 47 CFR Ch. I (10–1–20 Edition)

pursuant to the eligibility require- §§ 24.840–24.844 [Reserved] ments of § 24.709 will be granted unless: (1) The application for assignment or PART 25—SATELLITE transfer of control is filed after five COMMUNICATIONS years from the date of the initial license grant; or Subpart A—General (2) The proposed assignee or transferee meets the eligibility criteria set Sec. 25.101 Basis and scope. forth in § 24.709 of this part at the time 25.102 Station authorization required. the application for assignment or 25.103 Definitions. transfer of control is filed, or the pro- 25.104 Preemption of local zoning of earth posed assignee or transferee holds stations. other license(s) for frequency blocks C 25.105 Citizenship. 25.106–25.107 [Reserved] and F and, at the time of receipt of 25.108 Incorporation by reference. such license(s), met the eligibility cri- 25.109 Cross-reference. teria set forth in § 24.709 of this part; or (3) The application is for partial as- Subpart B—Applications and Licenses

signment of a partitioned service area GENERAL APPLICATION FILING REQUIREMENTS to a rural telephone company pursuant to § 24.714 of this part and the proposed 25.110 Filing of applications, fees, and number of copies. assignee meets the eligibility criteria 25.111 Additional information, ITU filings, set forth in § 24.709 of this part; or and ITU cost recovery. (4) The application is for an involun- 25.112 Dismissal and return of applications. tary assignment or transfer of control 25.113 Station construction, deployment ap- to a bankruptcy trustee appointed proval, and operation of spare satellites. 25.114 Applications for space station author- under involuntary bankruptcy, an izations. independent receiver appointed by a 25.115 Applications for earth station author- court of competent jurisdiction in a izations. foreclosure action, or, in the event of 25.116 Amendments to applications. death or disability, to a person or enti- 25.117 Modification of station license. ty legally qualified to succeed the de- 25.118 Modifications not requiring prior authorization. ceased or disabled person under the 25.119 Assignment or transfer of control of laws of the place having jurisdiction station authorization. over the estate involved; provided that, 25.120 Application for special temporary au- the applicant requests a waiver pursu- thorization. ant to this paragraph; or 25.121 License term and renewals. 25.122 Applications for streamlined small (5) The assignment or transfer of con- space station authorization. trol is pro forma; or 25.123 Applications for streamlined small (6) The application for assignment or spacecraft authorization. transfer of control is filed on or after 25.129 Equipment authorization for portable the date the licensee has notified the earth-station transceivers. Commission pursuant to § 24.203(c) that EARTH STATIONS its five-year construction requirement 25.130–25.131 [Reserved] has been satisfied. 25.132 Verification of earth station antenna (b) If the assignment or transfer of performance. control of a license is approved, the as- 25.133 Period of construction; certification signee or transferee is subject to the of commencement of operation. original construction requirement of 25.134 [Reserved] § 24.203 of this part. 25.135 Licensing provisions for earth station networks in the non-voice, non-geo- [63 FR 68953, Dec. 14, 1998, as amended at 65 stationary Mobile-Satellite Service. FR 53638, Sept. 5, 2000] 25.136 Earth Stations in the 24.75–25.25 GHz, 27.5–28.35 GHz, 37.5–40 GHz, 47.2–48.2, GHz and 50.4–51.4 GHz bands. 25.137 Requests for U.S. market access through non-U.S.-licensed space stations. 25.138 Earth Stations in the 3.7–4.2 GHz band.

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25.139 NGSO FSS coordination and informa- Subpart C—Technical Standards tion sharing between MVDDS licensees in the 12.2 GHz to 12.7 GHz band. 25.201 [Reserved] 25.202 Frequencies, frequency tolerance, and SPACE STATIONS emission limits. 25.203 Choice of sites and frequencies. 25.140 Further requirements for license ap- 25.204 Power limits for earth stations. plications for GSO space station oper- 25.205 Minimum antenna elevation angle. ation in the FSS and the 17/24 GHz BSS. 25.206 Station identification. 25.142 Licensing provisions for the non- 25.207 Cessation of emissions. voice, non-geostationary Mobile-Sat- 25.208 Power flux-density limits. ellite Service. 25.209 Earth station antenna performance 25.143 Licensing provisions for the 1.6/2.4 standards. GHz Mobile-Satellite Service and 2 GHz 25.210 Technical requirements for space sta- Mobile-Satellite Service. tions in the Fixed-Satellite Service. 25.144 Licensing provisions for the 2.3 GHz 25.211 Analog video transmissions in the satellite digital audio radio service. FSS. 25.146 Licensing and operating provisions 25.212 Narrowband analog transmissions for NGSO FSS space stations. and digital transmissions in the GSO 25.147 Space Stations in the 3.7–4.2 GHz FSS. band. 25.213 Inter-Service coordination require- 25.148 Licensing provisions for the Direct ments for the 1.6/2.4 GHz Mobile-Satellite Broadcast Satellite Service. Service. 25.149 Application requirements for ancil- 25.214 Technical requirements for space sta- lary terrestrial components in Mobile- tions in the Satellite Digital Audio Satellite Service networks operating in Radio Service and associated terrestrial the 1.5./1.6 GHz and 1.6/2.4 GHz Mobile- repeaters. Satellite Service. 25.215 [Reserved] 25.216 Limits on emissions from mobile PROCESSING OF APPLICATIONS earth stations for protection of aeronautical radionavigation-satellite serv- 25.150 Receipt of applications. ice. 25.151 Public notice. 25.217 Default service rules. 25.152 [Reserved] 25.218 Off-axis EIRP density envelopes for 25.153 Repetitious applications. FSS earth stations transmitting in cer- 25.154 Opposition to applications and other tain frequency bands. pleadings. 25.219 [Reserved] 25.155 Mutually exclusive applications. 25.220 Non-routine transmit/receive earth 25.156 Consideration of applications. station operations. 25.157 Consideration of applications for 25.221–25.223 [Reserved] NGSO-like satellite operation. 25.224 Protection of receive-only earth sta- 25.158 Consideration of applications for tions in the 17/24 GHz BSS. GSO-like satellite operation. 25.225 Geographic Service Requirements for 17/24 GHz Broadcasting Satellite Service. 25.159 Limits on pending applications and 25.226–25.227 [Reserved] unbuilt satellite systems. 25.228 Operating and coordination require- FORFEITURE, TERMINATION, AND ments for earth stations in motion REINSTATEMENT OF STATION AUTHORIZATION (ESIMs). 25.229–25.249 [Reserved] 25.160 Administrative sanctions. 25.250 Sharing between NGSO MSS Feeder 25.161 Automatic termination of station au- links Earth Stations in the 19.3–19.7 GHz thorization. and 29.1–29.5 GHz Bands. 25.162 Cause for termination of interference 25.251 Special requirements for coordina- protection. tion. 25.163 Reinstatement. 25.252 [Reserved] 25.164 Milestones. 25.253 Special requirements for ancillary 25.165 Surety bonds. terrestrial components operating in the 1626.5–1660.5 MHz/1525–1559 MHz bands. REPORTING REQUIREMENTS FOR SPACE 25.254 Special requirements for ancillary STATION OPERATORS terrestrial components operating in the 1610–1626.5 MHz/2483.5–2500 MHz bands. 25.170 Annual reporting requirements. 25.255 Procedures for resolving harmful in- 25.171 Contact information reporting re- terference related to operation of ancil- quirements. lary terrestrial components operating in 25.172 Requirements for reporting space sta- the 1.5/1.6 GHz and 1.6/2.4 GHz bands. tion control arrangements. 25.256 Special Requirements for operations 25.173 Results of in-orbit testing. in the 3.65–3.7 GHz band.

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25.257 Special requirements for NGSO MSS Subpart E—Miscellaneous operations in the 29.1–29.25 GHz band regarding LMDS. 25.301 Satellite Emergency Notification De- 25.258 Sharing between NGSO MSS feeder- vices (SENDs). link stations and GSO FSS services in the 29.25–29.5 GHz band. Subpart F—Competitive Bidding 25.259 Time sharing between NOAA mete- Procedures for DARS orological satellite systems and non- voice, non-geostationary satellite sys- 25.401 Satellite DARS applications subject tems in the 137–138 MHz band. to competitive bidding. 25.260 Time sharing between DoD meteoro- 25.402 [Reserved] logical satellite systems and non-voice, 25.403 Bidding application and certification non-geostationary satellite systems in procedures. the 400.15–401 MHz band. 25.404 Submission of down payment and fil- 25.261 Sharing among NGSO FSS space sta- ing of long-form applications. tions. 25.405–25.406 [Reserved] 25.262 Licensing and domestic coordination requirements for 17/24 GHz BSS space Subparts G–H [Reserved] stations. 25.263 Information sharing requirements for Subpart I—Equal Employment SDARS terrestrial repeater operators. Opportunities 25.264 Requirements to facilitate reverse- band operation in the 17.3–17.8 GHz band 25.601 Equal employment opportunities. of 17/24 GHz BSS and DBS Service space stations. Subpart J—Public Interest Obligations 25.265 Acceptance of interference in 2000– 2020 MHz. 25.701 Other DBS Public interest obligations. Subpart D—Technical Operations 25.702 Other SDARS Public interest obligations. 25.271 Control of transmitting stations. AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 25.272 General inter-system coordination 309, 310, 319, 332, 605, and 721, unless otherwise procedures. noted. 25.273 Duties regarding space communications transmissions. 25.274 Procedures to be followed in the Subpart A—General event of harmful interference. 25.275 Particulars of operation. § 25.101 Basis and scope. 25.276 Points of communication. (a) The rules and regulations in this 25.277 Temporary fixed earth station operations. part are issued pursuant to the author- 25.278 Additional coordination obligation ity contained in section 201(c)(11) of the for non-geostationary and geostationary Communications Satellite Act of 1962, satellite systems in frequencies allocated as amended, section 501(c)(6) of the to the fixed-satellite service. International Maritime Satellite Tele- 25.279 Inter-satellite service. communications Act, and titles I 25.280 Inclined orbit operations. through III of the Communications Act 25.281 Transmitter identification require- of 1934, as amended. ments for video uplink transmissions. 25.282 Orbit raising maneuvers. (b) The rules and regulations in this 25.283 End-of-life disposal. part supplement, and are in addition to 25.284 [Reserved] the rules and regulations contained in 25.285 Operation of MSS and ATC transmit- or to be added to, other parts of this ters or transceivers on board civil air- chapter currently in force, or which craft. may subsequently be promulgated, and 25.286 Antenna painting and lighting. which are applicable to matters relat- 25.287 Requirements pertaining to operation of mobile stations in the NVNG, 1.5/1.6 ing to communications by satellites. GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Sat- [28 FR 13037, Dec. 5, 1963, as amended at 56 ellite Service bands. FR 24015, May 28, 1991] 25.288 Obligation to remedy interference caused by NGSO MSS feeder downlinks § 25.102 Station authorization rein the 6700–6875 MHz band. quired. 25.289 Protection of GSO networks by NGSO systems. (a) No person shall use or operate ap- 25.290 Responsibility of licensee for blan- paratus for the transmission of energy ket-licensed earth station operation. or communications or signals by space

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or earth stations except under, and in Band, the L-Band, and the 1.6/2.4 GHz accordance with, an appropriate au- Band. thorization granted by the Federal Ancillary Terrestrial Component (ATC) Communications Commission. base station. A terrestrial fixed facility (b) Protection from impermissible used to transmit communications to or levels of interference to the reception receive communications from one or of signals by earth stations in the more ancillary terrestrial component Fixed-Satellite Service from terrestrial mobile terminals. stations in a co-equally shared band is Ancillary Terrestrial Component (ATC) provided through the authorizations mobile terminal. A terrestrial mobile fa- granted under this part. cility used to transmit communica- [56 FR 24016, May 28, 1991] tions to or receive communications from an ancillary terrestrial compo- § 25.103 Definitions. nent base station or a space station. Terms with definitions including the Blanket license. A license for: ‘‘(RR)’’ designation are defined in the (1) Multiple earth stations in the FSS same way in § 2.1 of this chapter and in or MSS, or for SDARS terrestrial re- the Radio Regulations of the Inter- peaters, that may be operated any- national Telecommunication Union. where within a geographic area speci- 1.5/1.6 GHz Mobile-Satellite Service. Mo- fied in the license; or bile-Satellite Service provided in any (2) For multiple space stations in portion of the 1525–1559 MHz space-to- non-geostationary-orbit. Earth band and the 1626.5–1660.5 MHz Contiguous United States (CONUS). Earth-to-space band, which are referred For purposes of subparts B and C of to in this rule part as the ‘‘1.5/1.6 GHz this part, the contiguous United States MSS bands.’’ consists of the contiguous 48 states and 1.6/2.4 GHz Mobile-Satellite Service. A the District of Columbia as defined by Mobile-Satellite Service that operates Partial Economic Areas Nos. 1–41, 43– in the 1610–1626.5 MHz and 2483.5–2500 211, 213–263, 265–297, 299–359, and 361–411, MHz bands, or in any portion thereof. which includes areas within 12 nautical 2 GHz Mobile-Satellite Service. A Mo- miles of the U.S. Gulf coastline. In this bile-Satellite Service that operates in context, the rest of the United States the 2000–2020 MHz and 2180–2200 MHz includes the Honolulu, Anchorage, Ko- bands, or in any portion thereof. diak, Fairbanks, Juneau, Puerto Rico, 17/24 GHz Broadcasting-Satellite Service Guam-Northern Mariana Islands, U.S. (17/24 GHz BSS). A radiocommunication Virgin Islands, American Samoa, and service involving transmission from the Gulf of Mexico PEAs (Nos. 42, 212, one or more feeder-link earth stations 264, 298, 360, 412–416). See § 27.6(m) of this to other earth stations via geo- chapter. stationary satellites, in the 17.3–17.7 Conventional C-band. The 3700–4200 GHz (space-to-Earth) (domestic alloca- MHz (space-to-Earth) and 5925–6425 tion), 17.3–17.8 GHz (space-to-Earth) MHz (Earth-to-space) FSS frequency (international allocation) and 24.75– bands. 25.25 GHz (Earth-to-space) bands. For Conventional Ka-band. The 18.3–18.8 purposes of the application processing GHz (space-to-Earth), 19.7–20.2 GHz provisions of this part, the 17/24 GHz (space-to-Earth), 28.35–28.6 GHz (Earth- BSS is a GSO-like service. Unless spe- to-space), and 29.25–30.0 GHz (Earth-to- cifically stated otherwise, 17/24 GHz space) frequency bands, which the BSS systems are subject to the rules in Commission has designated as primary this part applicable to FSS. for GSO FSS operation. Ancillary Terrestrial Component (ATC). Conventional Ku-band. The 11.7–12.2 A terrestrial communications network GHz (space-to-Earth) and 14.0–14.5 GHz used in conjunction with a qualifying (Earth-to-space) FSS frequency bands. satellite network system authorized Coordination distance. When deter- pursuant to these rules and the condi- mining the need for coordination, the tions established in the Orders issued distance on a given azimuth from an in IB Docket No. 01–185, Flexibility for earth station sharing the same fre- Delivery of Communications by Mobile- quency band with terrestrial stations, Satellite Service Providers in the 2 GHz or from a transmitting earth station

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sharing the same bidirectionally allo- Earth Station on Vessel (ESV). An cated frequency band with receiving earth station onboard a craft designed earth stations, beyond which the level for traveling on water, receiving from of permissible interference will not be and transmitting to Fixed-Satellite exceeded and coordination is therefore Service space stations. not required. (RR) Equivalent diameter. When circular ap- Direct Broadcast Satellite (DBS) Serv- erture reflector antennas are em- ice. A radiocommunication service in ployed, the size of the antenna is gen- which signals transmitted or retrans- erally expressed as the diameter of the mitted by Broadcasting-Satellite Serv- antenna’s main reflector. When non-re- ice space stations in the 12.2–12.7 GHz flector or non-circular-aperture anten- band are intended for direct reception nas are employed, the equivalent di- by subscribers or the general public. ameter is the diameter of a hypo- For the purposes of this definition, the thetical circular-aperture antenna with term direct reception includes indi- the same aperture area as the actual vidual reception and community recep- antenna. For example, an elliptical ap- tion. erture antenna with major axis a and minor axis b will have an equivalent di- Earth station. A station located either ameter of [a × b]1/2. A rectangular aper- on the Earth’s surface or within the ture antenna with length l and width w major portion of the Earth’s atmos- will have an equivalent diameter of [4(l phere intended for communication: × w)/π]1/2. (1) With one or more space stations; Equivalent Power Flux Density (EPFD). or The sum of the power flux densities (2) With one or more stations of the produced at a geostationary-orbit re- same kind by means of one or more receive earth or space station on the flecting satellites or other objects in Earth’s surface or in the geostationary space. (RR) orbit, as appropriate, by all the trans- Earth Station Aboard Aircraft (ESAA). mit stations within a non-geo- An earth station operating aboard an stationary-orbit Fixed-Satellite Serv- aircraft that receives from and trans- ice system, taking into account the off- mits to Fixed-Satellite Service space axis discrimination of a reference re- stations. ceiving antenna assumed to be pointing Earth Station in Motion (ESIM). A in its nominal direction. The equiva- term that collectively designates ESV, lent power flux density, in dB(W/m2) in VMES and ESAA earth stations, as de- the reference bandwidth, is calculated fined in this section. using the following formula:

Where: qi is the off-axis angle between the boresight of the transmit station considered in the Na is the number of transmit stations in the non-geostationary orbit system that are non-geostationary orbit system and the visible from the GSO receive station con- direction of the GSO receive station; sidered on the Earth’s surface or in the Gt(qi) is the transmit antenna gain (as a geostationary orbit, as appropriate; ratio) of the station considered in the i is the index of the transmit station consid- non-geostationary orbit system in the direction of the GSO receive station; ered in the non-geostationary orbit system; di is the distance in meters between the transmit station considered in the non- P is the RF power at the input of the an- i geostationary orbit system and the GSO tenna of the transmit station, considered receive station; in the non-geostationary orbit system in j is the off-axis angle between the boresight dBW in the reference bandwidth; i of the antenna of the GSO receive station

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and the direction of the ith transmit sta- to-Earth) and 14.0–14.5 GHz (Earth-to- tion considered in the non-geostationary space) bands. These paired bands are orbit system; allocated to the Fixed-Satellite Service Gr(qi) is the receive antenna gain (as a ratio) of the GSO receive station in the direc- and are also referred to as the 12/14 GHz tion of the ith transmit station consid- bands. ered in the non-geostationary orbit sys- Land earth station. An earth station tem; in the Fixed-Satellite Service or, in Gr,max is the maximum gain (as a ratio) of the some cases, in the Mobile-Satellite antenna of the GSO receive station. Service, located at a specified fixed Extended C-band. The 3600–3700 MHz point or within a specified area on land (space-to-Earth), 5850–5925 MHz (Earth- to provide a feeder link for the Mobile- to-space), and 6425–6725 MHz (Earth-to- Satellite Service. (RR) space) FSS frequency bands. Land Mobile Earth Station. A mobile Extended Ku-band. The 10.95–11.2 GHz earth station in the land mobile-sat- (space-to-Earth), 11.45–11.7 GHz (space- ellite service capable of surface move- to-Earth), and 13.75–14.0 GHz bands ment within the geographical limits of (Earth-to-space) FSS frequency bands. a country or continent. (RR) Feeder link. A radio link from a fixed Mobile Earth Station. An earth station earth station at a given location to a in the Mobile-Satellite Service in- space station, or vice versa, conveying tended to be used while in motion or information for a space during halts at unspecified points. (RR) radiocommunication service other Mobile-Satellite Service (MSS). (1) A than the Fixed-Satellite Service. The radiocommunication service: given location may be at a specified (i) Between mobile earth stations and fixed point or at any fixed point within one or more space stations, or between specified areas. (RR) space stations used by this service; or Fixed earth station. An earth station (ii) Between mobile earth stations, intended to be used at a fixed position. by means of one or more space sta- The position may be a specified fixed tions. point or any fixed point within a specified area. (2) This service may also include Fixed-Satellite Service (FSS). A feeder links necessary for its operation. radiocommunication service between (RR) earth stations at given positions, when Network Control and Monitoring Center one or more satellites are used; the (NCMC). An NCMC, as used in Part 25, given position may be a specified fixed is a facility that has the capability to point or any fixed point within speci- remotely control earth stations oper- fied areas; in some cases this service ating as part of a satellite network or includes satellite-to-satellite links, system. which may also be operated in the NGSO. Non-geostationary orbit. inter-satellite service; the Fixed-Sat- NGSO FSS gateway earth station. An ellite Service may also include feeder earth station or complex of multiple links of other space earth station antennas that supports radiocommunication services. (RR) the routing and switching functions of Geostationary-orbit (GSO) satellite. A an NGSO FSS system and that does not geosynchronous satellite whose cir- originate or terminate communication cular and direct orbit lies in the plane traffic. An NGSO FSS gateway earth of the Earth’s equator and which thus station may also be used for telemetry, remains fixed relative to the Earth; by tracking, and command transmissions extension, a geosynchronous satellite and is not for the exclusive use of any which remains approximately fixed rel- customer. ative to the Earth. Non-Voice, Non-Geostationary (NVNG) Inter-Satellite Service. A Mobile-Satellite Service. A Mobile-Sat- radiocommunication service providing ellite Service reserved for use by non- links between artificial earth sat- geostationary satellites in the provi- ellites. sion of non-voice communications Ku band. In this rule part, the terms which may include satellite links be- ‘‘Ku band’’ and ‘‘conventional Ku tween land earth stations at fixed loca- band’’ refer to the 11.7–12.2 GHz (space- tions.

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Permitted Space Station List. A list of termined in the manner specified in all U.S.-licensed geostationary-orbit § 25.203(j). space stations providing Fixed-Sat- Radiodetermination-Satellite Service. A ellite Service in the conventional C radiocommunication service for the band, the conventional Ku band, or the purpose of radiodetermination involv- 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 ing the use of one of more space sta- GHz, and 29.25–30.0 GHz bands, as well tions. This service may also include as non-U.S.-licensed geostationary- feeder links necessary for its own oper- orbit space stations approved for U.S. ation. (RR) market access to provide Fixed-Sat- Routine processing or licensing. Expe- ellite Service in the conventional C dited processing of unopposed applica- band, conventional Ku band, or 18.3–18.8 tions for earth stations in the FSS GHz, 19.7–20.2 GHz, 28.35–28.6 GHz, and communicating with GSO space sta- 29.25–30.0 GHz bands. tions that satisfy the criteria in Plane perpendicular to the GSO arc. § 25.211(d), § 25.212(c) through (f), or The plane that is perpendicular to the § 25.218, include all required informa- ‘‘plane tangent to the GSO arc,’’ as de- tion, are consistent with all Commis- fined below, and includes a line be- sion rules, and do not raise any policy tween the earth station in question and issues. Some, but not all, routine earth the GSO space station that it is com- station applications are eligible for an municating with. autogrant procedure under § 25.115(a)(3). Plane tangent to the GSO arc. The Satellite Digital Audio Radio Service plane defined by the location of an (SDARS). A radiocommunication serv- earth station’s transmitting antenna ice in which audio programming is and a line in the equatorial plane that digitally transmitted by one or more is tangent to the GSO arc at the loca- space stations directly to fixed, mobile, and/or portable stations, and which tion of the GSO space station that the may involve complementary repeating earth station is communicating with. terrestrial transmitters and telemetry, Power flux density (PFD). The amount tracking and command facilities. of power flow through a unit area with- Satellite system. A space system using in a unit bandwidth. The units of power one or more artificial earth satellites. flux density are those of power spectral (RR) density per unit area, namely watts per Selected assignment. A spectrum as- hertz per square meter. These units are signment voluntarily identified by a 2 generally expressed in decibel form as GHz MSS licensee at the time that the 2 2 dB(W/Hz/m ), dB(W/m ) in a 4 kHz band, licensee’s first 2 GHz Mobile-Satellite 2 or dB(W/m ) in a 1 MHz band. Service satellite reaches its intended Power Spectral Density (PSD). The orbit. amount of an emission’s transmitted Shapeable antenna beam. A satellite carrier power applied at the antenna transmit or receive antenna beam, the input falling within the stated band- gain pattern of which can be modified width. The units of power spectral den- at any time without physically repo- sity are watts per hertz and are gen- sitioning a satellite antenna reflector. erally expressed in decibel form as Skew angle. The angle between the dB(W/Hz) when measured in a 1 Hz minor axis of an axially asymmetric bandwidth, dB(W/4kHz) when measured antenna beam and the plane tangent to in a 4 kHz bandwidth, or dB(W/MHz) the GSO arc. when measured in a 1 MHz bandwidth. Small satellite. An NGSO space station Protection areas. The geographic re- eligible for authorization under the ap- gions where U.S. Department of De- plication process described in § 25.122. fense meteorological satellite systems Small spacecraft. An NGSO space sta- or National Oceanic and Atmospheric tion operating beyond Earth’s orbit Administration meteorological sat- that is eligible for authorization under ellite systems, or both such systems, the application process described in receive signals from low earth orbiting § 25.123. satellites. Also, areas around NGSO Space radiocommunication. Any MSS feeder-link earth stations in the radiocommunication involving the use 1.6/2.4 GHz Mobile-Satellite Service de- of one or more space stations or the

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use of one or more reflecting satellites federal regulation of radio frequency or other objects in space. emissions is not preempted by this sec- Space station. A station located on an tion. For purposes of this paragraph object which is beyond, is intended to (a), reasonable means that the local go beyond, or has been beyond, the regulation: major portion of the Earth’s atmos- (1) Has a clearly defined health, safe- phere. (RR) ty, or aesthetic objective that is stated Space system. Any group of cooper- in the text of the regulation itself; and ating earth stations and/or space sta- (2) Furthers the stated health, safety tions employing space or aesthetic objective without unneces- radiocommunication for specific pur- sarily burdening the federal interests poses. (RR) in ensuring access to satellite services Spacecraft. A man-made vehicle and in promoting fair and effective which is intended to go beyond the competition among competing commu- major portion of the Earth’s atmos- nications service providers. phere. (RR) (b)(1) Any state or local zoning, land- Terrestrial radiocommunication. Any use, building, or similar regulation radiocommunication other than space that affects the installation, mainte- radiocommunication or radio astron- nance, or use of a satellite earth sta- omy. (RR) tion antenna that is two meters or less Terrestrial station. A station effecting in diameter and is located or proposed terrestrial radiocommunication. to be located in any area where com- Two-degree-compliant space station. A mercial or industrial uses are generally GSO FSS space station operating in permitted by non-federal land-use reg- the conventional or extended C-bands, ulation shall be presumed unreasonable the conventional or extended Ku-bands, and is therefore preempted subject to or the conventional Ka-band within the paragraph (b)(2) of this section. No limits on downlink EIRP density or civil, criminal, administrative, or PFD specified in § 25.140(a)(3) and com- other legal action of any kind shall be municating only with earth stations taken to enforce any regulation cov- operating in conformance with routine ered by this presumption unless the uplink parameters specified in promulgating authority has obtained a § 25.211(d), § 25.212(c), (d), (e), or (f), or waiver from the Commission pursuant § 25.218. to paragraph (e) of this section, or a Vehicle-Mounted Earth Station final declaration from the Commission (VMES). An earth station, operating or a court of competent jurisdiction from a motorized vehicle that travels that the presumption has been rebut- primarily on land, that receives from ted pursuant to paragraph (b)(2) of this and transmits to Fixed-Satellite Serv- section. ice space stations and operates within (2) Any presumption arising from the United States. paragraph (b)(1) of this section may be rebutted upon a showing that the regu- [79 FR 8311, Feb. 12, 2014, as amended at 79 lation in question: FR 26868, May 12, 2014; 81 FR 55324, Aug. 18, 2016; 83 FR 34489, July 20, 2018; 84 FR 53651, (i) Is necessary to accomplish a clear- Oct. 8, 2019; 84 FR 66779, Dec. 5, 2019; 85 FR ly defined health or safety objective 22864, Apr. 23, 2020; 85 FR 44786, July 24, 2020; that is stated in the text of the regula- 85 FR 43733, July 20, 2020] tion itself; (ii) Is no more burdensome to sat- § 25.104 Preemption of local zoning of ellite users than is necessary to earth stations. achieve the health or safety objective; (a) Any state or local zoning, land- and use, building, or similar regulation (iii) Is specifically applicable on its that materially limits transmission or face to antennas of the class described reception by satellite earth station an- in paragraph (b)(1) of this section. tennas, or imposes more than minimal (c) Any person aggrieved by the ap- costs on users of such antennas, is pre- plication or potential application of a empted unless the promulgating au- state or local zoning or other regula- thority can demonstrate that such reg- tion in violation of paragraph (a) of ulation is reasonable, except that non- this section may, after exhausting all

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nonfederal administrative remedies, ers granted in accordance with this file a petition with the Commission re- section shall not apply to later-enacted questing a declaration that the state or or amended regulations by the local local regulation in question is pre- authority unless the Commission ex- empted by this section. Nonfederal ad- pressly orders otherwise. ministrative remedies, which do not in- (f) A satellite earth station antenna clude judicial appeals of administrative that is designed to receive direct determinations, shall be deemed ex- broadcast satellite service, including hausted when: direct-to-home satellite services, that (1) The petitioner’s application for a is one meter or less in diameter or is permit or other authorization required located in Alaska is covered by the reg- by the state or local authority has ulations in § 1.4000 of this chapter. been denied and any administrative ap- [61 FR 10898, Mar. 18, 1996, as amended at 61 peal and variance procedure has been FR 46562, Sept. 4, 1996] exhausted; EFFECTIVE DATE NOTE: At 61 FR 46562, (2) The petitioner’s application for a Sept. 4, 1996, § 25.104 was amended by revising permit or other authorization required paragraph (b)(1) and adding paragraph (f). by the state or local authority has These paragraphs contain information col- been on file for ninety days without lection and recordkeeping requirements and final action; will not become effective until approval has (3) The petitioner has received a per- been given by the Office of Management and mit or other authorization required by Budget. the state or local authority that is con- § 25.105 Citizenship. ditioned upon the petitioner’s expendi- ture of a sum of money, including costs The rules that establish the require- required to screen, pole-mount, or oth- ments and conditions for obtaining the erwise specially install the antenna, Commission’s prior approval of foreign greater than the aggregate purchase or ownership in common carrier licensees total lease cost of the equipment as that would exceed the 20 percent limit normally installed; or in section 310(b)(3) of the Communica- (4) A state or local authority has no- tions Act (47 U.S.C. 310(b)(3)) and/or the tified the petitioner of impending civil 25 percent benchmark in section or criminal action in a court of law and 310(b)(4) of the Act (47 U.S.C. 310(b)(4)) there are no more nonfederal adminis- are set forth in §§ 1.5000 through 1.5004 trative steps to be taken. of this chapter. (d) Procedures regarding filing of pe- [81 FR 86613, Dec. 1, 2016] titions requesting declaratory rulings and other related pleadings will be set §§ 25.106–25.107 [Reserved] forth in subsequent Public Notices. All allegations of fact contained in peti- § 25.108 Incorporation by reference. tions and related pleadings must be (a) Certain material is incorporated supported by affidavit of a person or by reference into this part with the ap- persons with personal knowledge there- proval of the Director of the Federal of. Register under 5 U.S.C. 552(a) and 1 (e) Any state or local authority that CFR part 51. All approved material is wishes to maintain and enforce zoning available for inspection at the Federal or other regulations inconsistent with Communications Commission, 445 12th this section may apply to the Commis- Street SW, Reference Information Cen- sion for a full or partial waiver of this ter, Room CY–A257, Washington, DC section. Such waivers may be granted 20554, 202–418–0270, and is available from by the Commission in its sole discre- the sources listed below. It is also tion, upon a showing by the applicant available for inspection at the National that local concerns of a highly special- Archives and Records Administration ized or unusual nature create a neces- (NARA). For information on the avail- sity for regulation inconsistent with ability of this material at NARA, call this section. No application for waiver 202–741–6030 or go to www.archives.gov/ shall be considered unless it specifi- federal-register/ccfr/ibr-locations.html. cally sets forth the particular regula- (b) European Telecommunications tion for which waiver is sought. Waiv- Standards Institute (ETSI), 650 Route

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des Lucioles, 06921 Sophia-Antipolis gion 1) and 12.2–12.7 GHz (in Region 2),’’ Cedex, France; http://www.etsi.org; Edition of 2012, http://www.itu.int/pub/R– Voice: +33 (0)4 92 94 42 00; Fax: +33 (0)4 REG–RR–2012. Incorporation by ref- 93 65 47 16; email: [email protected]. erence approved for §§ 25.117(h) and (1) ETSI TS 103 129 V1.1.2 (2014–03), 25.118(e). ‘‘Digital Video Broadcasting (DVB); (6) ITU Radio Regulations, Volume 2: Framing structure, channel coding and Appendices, Appendix 30A, ‘‘Provisions modulation of a carrier identification and associated Plans and List for feed- system (DVB–CID) for satellite trans- er links for the broadcasting-satellite mission,’’ Version 1.1.2, March 2014. In- service (11.7–12.5 GHz in Region 1, 12.2– corporation by reference approved for 12.7 GHz in Region 2 and 11.7–12.2 GHz § 25.281(b). in Region 3) in the frequency bands (2) [Reserved] 14.5–14.8 GHz and 17.3–18.1 GHz in Re- (c) International Telecommunication gions 1 and 3, and 17.3–17.8 GHz in Re- Union (ITU), Place des Nations, 1211 gion 2,’’ Edition of 2012, http:// Geneva 20 Switzerland; www.itu.int; www.itu.int/pub/R-REG-RR-2012. Incor- Voice: +41 22 730 5111; Fax: +41 22 733 poration by reference approved for 7256; email: [email protected]. §§ 25.110(b), 25.117(h), and 25.118(e). (1) ITU Radio Regulations, Volume 1: (7) ITU Radio Regulations, Volume 2: Articles, Article 9, ‘‘Procedure for ef- Appendices, Appendix 30B, ‘‘Provisions fecting coordination with or obtaining and associated Plan for the fixed-sat- agreement of other administrations,’’ ellite service in the frequency bands 4 Section II, ‘‘Procedure for effecting co- 500–4 800 MHz, 6 725–7 025 MHz, 10.70– ordination,’’ Edition of 2012, http:// 10.95 GHz, 11.2–11.45 GHz and 12.75–13.25 www.itu.int/pub/R–REG–RR–2012. Incor- GHz,’’ Edition of 2012, http://www.itu.int/ poration by reference approved for pub/R-REG-RR-2012. Incorporation by § 25.111(e). reference approved for §§ 25.110(b) and (2) ITU Radio Regulations, Volume 1: 25.140(a). Articles, Article 21, ‘‘Terrestrial and (8) ITU Radio Regulations, Volume 3: space services sharing frequency bands above 1 GHz,’’ Section V, ‘‘Limits of Resolutions and Recommendations, power flux-density from space sta- Resolution 76 (Rev.WRC-15), ‘‘Protec- tions,’’ Edition of 2016, copyright 2016, tion of geostationary fixed-satellite http://www.itu.int/pub/R-REG-RR-2016. service and geostationary broad- Incorporation by reference approved casting-satellite service networks from for § 25.146(a). the maximum aggregate equivalent (3) ITU Radio Regulations, Volume 1: power flux-density produced by mul- Articles, Article 22, ‘‘Space services,’’ tiple non-geostationary fixed-satellite Section II, ‘‘Control of interference to service systems in frequency bands geostationary-satellite systems,’’ Edi- where equivalent power flux-density tion of 2016, copyright 2016, http:// limits have been adopted,’’ Edition of www.itu.int/pub/R-REG-RR-2016. Incor- 2016, copyright 2016, http://www.itu.int/ poration by reference approved for pub/R-REG-RR-2016. Incorporation by §§ 25.146(a), 25.289. reference approved for § 25.146(a). (4) ITU Radio Regulations, Volume 2: (9) ITU Radio Regulations, Volume 3: Appendices, Appendix 7, ‘‘Methods for Resolutions and Recommendations, the determination of the coordination Resolution 85 (WRC–03), ‘‘Application areas around an earth station in the of Article 22 of the Radio Regulations frequency bands between 100 MHz and to the protection of geostationary 105 GHz,’’ Edition of 2012, http:// fixed-satellite service and broad- www.itu.int/pub/R-REG-RR-2012. Incor- casting-satellite service networks from poration by reference approved for non-geostationary fixed-satellite serv- § 25.203(m). ice systems,’’ Edition of 2016, copyright (5) ITU Radio Regulations, Volume 2: 2016, http://www.itu.int/pub/R-REG-RR- Appendices, Appendix 30, ‘‘Provisions 2016. Incorporation by reference ap- for all services and associated Plans proved for § 25.146(c). and List for the broadcasting-satellite [81 FR 55324, Aug. 18, 2016, as amended at 82 service in the frequency bands 11.7–12.2 FR 37029, Aug. 8, 2017; 82 FR 40494, Aug. 25, GHz (in Region 3), 11.7–12.5 GHz (in Re- 2017; 82 FR 59984, Dec. 18, 2017]

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§ 25.109 Cross-reference. of the ITU Radio Regulations (incor- (a) Space and earth stations in the porated by reference, see § 25.108) may Amateur Satellite Service are licensed be submitted in two steps, as follows: under 47 CFR part 97. (i) An application for 17/24 GHz BSS (b) Ship earth stations in the Mari- space station operation or for GSO FSS time Mobile-Satellite Service trans- space station operation not subject to mitting in the 1626.5–1646.5 MHz band the provisions in Appendix 30B of the are subject to licensing under 47 CFR ITU Radio Regulations (incorporated part 80. by reference, see § 25.108) may be initi- (c) Earth stations in the Aero- ated by filing with the Commission, in nautical Mobile-Satellite (Route) Serv- accordance with the applicable provi- ice are subject to licensing under 47 sions of part 1, subpart Y of this chap- CFR part 87. ter, a draft Coordination Request and (d) Space and earth stations in the simplified Form 312 for the proposed Experimental Radio Service may be operation and a declaration of accept- subject to licensing under 47 CFR part ance of ITU cost-recovery responsi- 5. bility in accordance with § 25.111(d). (e) Space and earth stations in the The simplified Form 312, Main Form 3700–4200 MHz band may be subject to submission must include the informa- transition rules in part 27 of this chap- tion required by items 1–17, 43, 45, and ter. 46. [78 FR 8420, Feb. 6, 2013, as amended at 85 FR (ii) An application for GSO FSS space 22864, Apr. 23, 2020] station operation subject to the provisions in Appendix 30B of the ITU Radio Subpart B—Applications and Regulations (incorporated by reference, see § 25.108) may be initiated by Licenses submitting to the Commission, in accordance with the applicable provisions SOURCE: 56 FR 24016, May 28, 1991, unless of part 1, subpart Y of this chapter, a otherwise noted. draft ITU filing to convert an allot- ment into an assignment, to introduce GENERAL APPLICATION FILING REQUIREMENTS an additional system, or to modify an assignment in the Appendix 30B List § 25.110 Filing of applications, fees, accompanied by a simplified Form 312 and number of copies. and a declaration of acceptance of ITU (a) Applications may be filed by cost-recovery responsibility in accord- going online at licensing.fcc.gov/myibfs ance with § 25.111(d). The simplified and submitting the application Form 312, Main Form submission must through the International Bureau Fil- include the information required by ing System (IBFS). items 1–17, 43, 45, and 46. In addition, (b) Submitting your application. (1) All the applicant must submit the results earth station license applications must of an analysis demonstrating that no be filed electronically on FCC Form 312 U.S. filing under Appendix 30B would in accordance with the applicable pro- be deemed affected by the proposed op- visions of part 1, subpart Y of this eration under the relevant ITU criteria chapter. or, for any affected filings, a letter (2) Except as provided in paragraph signed by the affected operator that it (b)(3) of this section, applications for consents to the new filing. space station licenses must be filed (iii) An application initiated pursu- electronically on FCC Form 312 in ac- ant to paragraphs (b)(3)(i) or (b)(3)(ii) cordance with the applicable provisions of this section will be considered com- of part 1, subpart Y of this chapter and pleted by the filing of an FCC Form 312 include all information required by and the remaining information re- § 25.114. quired in a complete license applica- (3) A license application for 17/24 GHz tion, including the information re- BSS space station operation or for GSO quired by § 25.114, within two years of FSS space station operation not sub- the date of submission of the initial ap- ject to the provisions in Appendix 30A plication materials.

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(c) All correspondence concerning of the ITU Radio Regulations (RR) and any application must identify: associated feeder-link plans in Appen- (1) The applicant’s name, dix 30A of the ITU RR, if the system (2) The call sign of the space station has technical characteristics differing or earth station, and from those specified in the Appendix 30 (3) The file number of the applica- BSS Plans, the Appendix 30A tion. feederlink Plans, Annex 5 to Appendix (d) Copies. Applications must be filed 30, or Annex 3 to Appendix 30A. For electronically though IBFS. The Com- such systems, no protection from inter- mission will not accept any paper ference caused by radio stations au- version of any application. thorized by other Administrations is (e) Signing. Upon filing an application guaranteed until the agreement of all electronically, the applicant must affected Administrations is obtained print out the filed application, obtain and the frequency assignment becomes the proper signatures, and keep the a part of the appropriate Region 2 BSS original in its files. and feeder-link Plans. Authorizations (f) An applicant must pay the appro- for which coordination is not com- priate filing fee in accordance with pleted and/or for which the necessary part 1, subpart G of this chapter, at the agreements under Appendices 30 and time when it files a FCC Form 312. 30A have not been obtained may be [69 FR 47793, Aug. 6, 2004, as amended at 78 subject to additional terms and condi- FR 8420, Feb. 6, 2013; 81 FR 55325, Aug. 18, tions as required to effect coordination 2016] or obtain the agreement of other Ad- ministrations. Applicants and licensees § 25.111 Additional information, ITU shall also provide the Commission with filings, and ITU cost recovery. the information required by Appendix 4 (a) The Commission may request of the ITU RR for advance publication from any party at any time additional and notification or coordination of the information concerning any applica- frequencies to be used for tracking, te- tion, or any other submission or plead- lemetry and control functions of DBS ing regarding an application, filed systems. under this part. (d) The Commission will submit fil- (b) Applicants and licensees of radio ings to the ITU on behalf of an appli- stations governed by this part must cant, licensee, or other requesting provide the Commission with the infor- party only after the party has filed a mation required for Advance Publica- signed declaration of unconditional action, Coordination, and Notification of ceptance of all consequent ITU cost-re- frequency assignment filings, including covery responsibility. Applicants and due diligence information, pursuant to licensees must file the declaration the Radio Regulations of the Inter- electronically in the ‘‘Other Filings’’ national Telecommunication Union. tab of the application file in the IBFS No protection from interference caused database, and must also mail a paper by radio stations authorized by other copy to the International Bureau, Sat- Administrations is guaranteed unless ellite Division. In addition, applicants ITU procedures are timely completed and licensees must reference the call or, with respect to individual Adminis- sign and name of the satellite network trations, coordination agreements are in the declaration. All cost-recovery successfully completed. A license for declarations must include the name(s), which such procedures have not been address(es), email address(es), and tele- completed may be subject to additional phone number(s) of a contact person, or terms and conditions required for co- persons, responsible for cost recovery ordination of the frequency assign- inquiries and ITU correspondence and ments with other Administrations. filings. Supplements must be filed as (c) In the Direct Broadcast Satellite necessary to apprise the Commission of service, applicants and licensees shall changes in the contact information also provide the Commission with all until the ITU cost-recovery responsi- information it requires in order to bility is discharged. The applicant, li- modify the plans for the Broadcasting- censee, or other party must remit pay- Satellite Service (BSS) in Appendix 30 ment of any resultant cost-recovery fee

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to the ITU by the due date specified in (3) The application requests author- the ITU invoice, unless an appeal is ity to operate a space station in a fre- pending with the ITU that was filed quency band that is not allocated prior to the due date. A license granted internationally for such operations in reliance on such a commitment will under the Radio Regulations of the be conditioned upon discharge of any International Telecommunication such cost-recovery obligation. Where Union, unless the application is filed an applicant or licensee has an overdue pursuant to § 25.122 or § 25.123. ITU cost-recovery fee and does not (4) The application is identical to a have an appeal pending with the ITU, pending application that was timely the Commission will dismiss any appli- filed pursuant to § 25.157 or § 25.158. cation associated with that satellite (b) Applications for space station au- network. thority found defective under para- (e) The Commission will process and graph (a)(3) or (a)(4) of this section will forward to the ITU up to five Advance not be considered. Applications for au- Publication filings by an entity that thority found defective under para- are not accompanied by a complete graphs (a)(1) or (a)(2) of this section space station license application or by may be accepted for filing if: an application pursuant to (1) The application is accompanied by § 25.110(b)(3)(i) or (b)(3)(ii). Such Ad- a request which sets forth the reasons vance Publication filing requests not in support of a waiver of (or an excep- contained in an application must be action to), in whole or in part, any spe- companied by a letter request and a cific rule, regulation, or requirement signed ITU cost-recovery declaration with which the application is in con- pursuant to paragraph (d) of this sec- flict; tion. A request for filing of Advance (2) The Commission, upon its own Publication information will be attrib- motion, waives (or allows an exception uted to an entity in the same manner to), in whole or in part, any rule, regu- as a space station license application lation or requirement. under the criteria set forth in § 25.159(c). (c) The Commission will dismiss an application for failure to prosecute or NOTE TO PARAGRAPH (e): After June 30, 2016, for failure to respond substantially the Commission will not forward Advance within a specified time period to offi- Publication information for satellite net- cial correspondence or requests for ad- works or systems subject to Article 9, Sec- tion II of the ITU Radio Regulations (incor- ditional information. Dismissal will be porated by reference, see § 25.108). without prejudice unless the application is mutually exclusive pursuant to [56 FR 24016, May 28, 1991, as amended at 67 § 25.155, in which case it will be dis- FR 51113, Aug. 7, 2002; 68 FR 63997, Nov. 12, missed with prejudice. 2003; 78 FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; 81 FR 55325, Aug. 18, 2016] (d) An application will be dismissed without prejudice as a matter of right § 25.112 Dismissal and return of appli- if the applicant requests its dismissal cations. prior to final Commission action. (a) An application will be unaccept- [56 FR 24016, May 28, 1991, as amended at 68 able for filing and will be returned to FR 51502, Aug. 27, 2003; 79 FR 8314, Feb. 12, the applicant with a brief statement 2014; 81 FR 55326, Aug. 18, 2016; 85 FR 43733, identifying the omissions or discrep- July 20, 2020] ancies if: (1) The application is defective with § 25.113 Station construction, deploy- respect to completeness of answers to ment approval, and operation of questions, informational showings, in- spare satellites. ternal inconsistencies, execution, or (a) Construction permits are not re- other matters of a formal character; or quired for earth stations. Construction (2) The application does not substan- of such stations may commence prior tially comply with the Commission’s to grant of an earth station license at rules, regulations, specific requests for the applicant’s own risk, subject to the additional information, or other re- requirements of § 1.1312 and part 17 of quirements. this chapter concerning environmental

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processing and construction, marking, orbital deployment and a station li- and lighting of antenna structures. cense (i.e., operating authority) must (b) Construction permits are not re- be applied for and granted before a quired for Ancillary Terrestrial Com- space station may be deployed and opponent (ATC) stations. A party with li- erated in orbit. Approval for orbital de- censes issued under this part for launch ployment may be requested in an appli- and operation of 1.5/1.6 GHz or 1.6/2.4 cation for a space station license. How- GHz GHz Mobile-Satellite Service ever, an application for authority to space stations and operation of associ- deploy and operate an on-ground spare ated ATC facilities may commence satellite will be considered pursuant to construction of ATC base stations at the following procedures: its own risk after commencing physical (1) Applications for deployment and construction of the space stations, sub- operation of an on-ground spare NGSO- ject to the requirements of § 1.1312 and like satellite will be considered pursu- part 17 of this chapter. Such an MSS/ ant to the procedures set forth in ATC licensee may also conduct equip- § 25.157, except as provided in paragraph ment tests for the purpose of making (g)(3) of this section. adjustments and measurements nec- (2) Applications for deployment and essary to ensure compliance with the operation of an on-ground spare GSO- terms of its ATC license, applicable like satellite will be considered pursu- rules in this part, and technical design ant to the procedures set forth in requirements. Prior to commencing § 25.158, except as provided in paragraph such construction and pre-operational (g)(3) of this section. testing, an MSS/ATC licensee must no- (3) Neither paragraph (g)(1) nor (g)(2) tify the Commission of the commence- of this section will apply in cases ment of physical satellite construction where the space station to be deployed and the licensee’s intention to con- is determined to be an emergency re- struct and test ATC facilities. This no- placement for a previously authorized tification must be filed electronically space station that has been lost as a rein the appropriate file in the Inter- national Bureau Filing System data- sult of a launch failure or a cata- base. The notification must specify the strophic in-orbit failure. frequencies the licensee proposes to use (h) An operator of NGSO space sta- for pre-operational testing and the tions under a blanket license granted name, address, and telephone number by the Commission, except for those of a representative for the reporting granted pursuant to the application and mitigation of any interference re- process in § 25.122 or § 25.123, need not sulting from such testing. MSS/ATC li- apply for license modification to oper- censees engaging in pre-operational ate technically identical in-orbit spare testing must comply with §§ 5.83, satellites in an authorized orbit. How- 5.85(c), 5.111, and 5.117 of this chapter ever, the licensee must notify the Com- regarding experimental operations. An mission within 30 days of bringing an MSS/ATC licensee may not offer ATC in-orbit spare into service and certify service to the public for compensation that its activation has not exceeded during pre-operational testing. the number of space stations author- (c)–(e) [Reserved] ized to provide service and that the li- (f) Construction permits are not re- censee has determined by measurement quired for U.S.-licensed space stations, that the activated spare is operating except for stations that the applicant within the terms of the license. proposes to operate to disseminate pro- (i) An operator of NGSO space sta- gram content to be received by the tions under a blanket license granted public at large, rather than only by by the Commission, except for those subscribers. Construction of a station granted pursuant to the application for which a construction permit is not process in § 25.122 or § 25.123, need not required may commence, at the appli- apply for license modification to de- cant’s own risk, prior to grant of a li- ploy and operate technically identical cense. replacement satellites in an authorized (g) Except as set forth in paragraphs orbit within the term of the system au- (h) and (i) of this section, approval for thorization. However, the licensee

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must notify the Commission of the in- (4)(i) For each space station trans- tended launch at least 30 days in ad- mitting and receiving antenna beam vance and certify that its operation of (including telemetry and tracking the additional space station(s) will not beams but not command beams), speci- increase the number of space stations fy channel center frequencies and providing service above the maximum bandwidths and polarization plan. For number specified in the license. command beams, specify each of the [56 FR 24016, May 28, 1991, as amended at 61 center frequencies within a 5 MHz FR 4366, Feb. 6, 1996; 61 FR 9951, Mar. 12, 1996; range or a range of 2 percent of the as- 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, signed bandwidth, whichever is small- 1997; 62 FR 64172, Dec. 4, 1997; 68 FR 51502, er, and the polarization plan. If the Aug. 27, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR space station can vary channel band- 32253, June 2, 2005; 77 FR 3954, Jan. 26, 2012; 78 width in a particular frequency band FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; with on-board processing, specify only 79 FR 27503, May 14, 2014; 81 FR 55326, Aug. 18, 2016; 85 FR 43733, July 20, 2020] the range of frequencies in that band over which the beam can operate and § 25.114 Applications for space station the polarization plan. authorizations. (ii) Specify maximum EIRP and max- (a)(1) A license application filed pur- imum EIRP density for each space sta- suant to § 25.110(b)(2) for a GSO space tion transmitting antenna beam. If the station or NGSO space station or satellite uses shapeable antenna space-station constellation must com- beams, as defined in § 25.103, specify in- prise a comprehensive proposal and stead maximum possible EIRP and must be submitted on FCC Form 312, maximum possible EIRP density with- Main Form and Schedule S, with at- in each shapeable beam’s proposed cov- tached exhibits required by paragraph erage area. Provide this information (d) of this section. for each frequency band in which the (2) An application for blanket author- transmitting antenna would operate. ity for an NGSO constellation of space For bands below 15 GHz, specify EIRP stations that are not all technically density in dBW/4 kHz; for bands at and identical must provide the information above 15 GHz, specify EIRP density in required by paragraphs (c) and (d) of dBW/MHz. If the EIRP density varies this section for each type of station in over time, specify the maximum pos- the constellation. sible EIRP density. (3) For an application filed pursuant (iii)–(iv) [Reserved] to the two-step procedure in (v) For each space station receiving § 25.110(b)(3), the filing pursuant to beam other than command beams, § 25.110(b)(3)(iii) must be submitted on specify the gain-to-temperature ratio FCC Form 312, Main Form and Sched- at beam peak. For receiving beams fed ule S, with attached exhibits as re- into transponders, also specify the quired by paragraph (d) of this section, minimum and maximum saturation and must constitute a comprehensive flux density at beam peak. If the sat- proposal. ellite uses shapeable beams, specify the (b) Each application for a new or minimum and maximum gain-to-tem- modified space station authorization perature ratio within each shapeable must contain the formal waiver re- beam’s proposed coverage area, and for quired by 47 U.S.C. 304. shapeable receiving beams fed into (c) The following information shall transponders, specify the minimum and be filed on FCC Form 312, Main Form maximum saturation power flux den- and Schedule S: sity within the 0 dB relative antenna (1) Name, address, and telephone gain isoline. Provide this information number of the applicant; for each frequency band in which the (2) Name, address, and telephone receiving beam can operate. For com- number of the person(s), including mand beams, specify the beam peak counsel, to whom inquiries or cor- flux density at the command threshold; respondence should be directed; (vi)(A) For space stations in geo- (3) Type of authorization requested stationary orbit, specify predicted (e.g., launch authority, station license, space station antenna gain contour(s) modification of authorization); for each transmit and receive antenna

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beam, except for beams where the con- this section, with a description of a tour at 8 dB below peak falls entirely proposed coverage area for each steer- beyond the edge of the visible Earth. able beam or provide the contour infor- These contour(s) should be plotted on mation described in paragraph an area map at 2 dB intervals down to (c)(4)(vi)(C) of this section for each 10 dB below the peak gain and at 5 dB steerable beam. intervals between 10 dB and 20 dB (vii) For geostationary satellites below the peak gain. Applicants must with large numbers of identical fixed present this information in a GIMS- spot beams, other than DBS satellites, readable format. applicants may, as an alternative to (B) For space stations in non-geo- submitting the information described stationary orbits, specify for each in paragraph (c)(4)(vi) of this section unique orbital plane the predicted an- with respect to these beams, provide tenna gain contour(s) for each transmit the predicted antenna gain contours and receive antenna beam for one space for one transmit and receive antenna station if all space stations are iden- beam, together with one of the fol- tical in the constellation. If individual lowing: space stations in the constellation (A) An area map showing all of the have different antenna beam configura- spot beams depicted on the surface of tions, specify the predicted antenna the Earth; gain contours for each transmit and re- (B) A table identifying the maximum ceive beam for each space station type antenna gain point(s) in latitude and and orbit or orbital plane requested. longitude to the nearest 0.1 degree; or The contours should be plotted on an (C) A map of the isolines formed by area map with the beam depicted on combining all of the spot beams into the surface of the earth with the space one or more composite beams. For non- stations’ peak antenna gain pointed at geostationary satellites with large nadir to a latitude and longitude with- numbers of identical fixed beams on in the proposed service area. The con- each satellite, applicants may, as an tour(s) should be plotted at 2 dB inter- alternative to submitting the informa- vals down to 10 dB below the peak gain tion described in paragraph (c)(4)(vi) of and at 5 dB intervals between 10 dB and this section with respect to those 20 dB below the peak gain. For inter- beams, specify the predicted antenna satellite links, specify the peak an- gain contours for one transmit and re- tenna gain and 3 dB beamwidth. ceive beam pointed to nadir, together (C) For space stations with shapeable with an area map showing all of the antenna beams, specify the contours, spot beams depicted on the surface of as defined in paragraph (c)(4)(vi)(A) or the earth with the satellites’ peak an- (B) of this section, for the transmitting tenna gain pointed to a selected lati- beam configuration that results in the tude and longitude within the service highest EIRP density for the beams area. listed in paragraph (c)(4)(ii) of this sec- (5) For space stations in geo- tion and for the receiving beam con- stationary orbit: figuration with the smallest gain-to- (i) Orbital location requested, temperature ratio and the highest re- (ii) [Reserved] quired saturation power flux density (iii) East-west station-keeping range, for the beams listed in paragraph (iv) North-south station-keeping (c)(4)(v) of this section. If the shapeable range, and beams are also steerable, include the (v) Accuracy to which antenna axis contours that would result from mov- attitude will be maintained; ing the beam peak around the limit of (6) For space stations in non-geo- the effective beam peak area and the 0 stationary orbits: dB relative antenna gain isoline. The (i) The number of orbital planes and proposed maximum coverage area must the number of space stations in each be clearly specified. plane, (D) For a space station with steerable (ii) The inclination of the orbital beams that are not shapeable, specify plane(s), the applicable contours, as defined in (iii) The orbital period, paragraph (c)(4)(vi)(A) or (c)(4)(vi)(B) of (iv) The apogee,

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(v) The perigee, Satellite Service, 2 FCC Rcd 485 (1987) (vi) The argument(s) of perigee, (Available at address in § 0.445 of this (vii) Active service arc(s), chapter.); (viii) Right ascension of the ascend- (9) Applications to license multiple ing node(s), and space station systems in the non-voice, (ix) For each satellite in each orbital non-geostationary mobile-satellite plane, the initial phase angle at the service under blanket operating au- reference time; thority shall also provide all informa- (7) The frequency bands, types of tion specified in § 25.142; and service, and coverage areas; (10) An application for space station (8) Calculated maximum power flux- authorization in the 1.6/2.4 GHz or 2 density levels within each coverage GHz Mobile-Satellite Service must in- area and energy dispersal bandwidths, clude information required by if any, needed for compliance with § 25.143(b); § 25.208, for the angles of arrival speci- (11) Applications for space stations in fied in the applicable paragraph(s) of the Direct Broadcast Satellite Service § 25.208, except for an NGSO FSS appli- must include a clear and detailed state- cant certifying compliance with PFD ment of whether the space station is to limits under § 25.146(a)(1); be operated on a broadcast or non- (9) [Reserved] broadcast basis; (10) Estimated operational lifetime; (12) The information required by (11) Whether the space station is to § 25.146, if the application is for an be operated on a common carrier basis; NGSO FSS system authorization with- (12) [Reserved] in the 10.7–30 GHz band. (13) And the polarization information (13) For satellite applications in the necessary to determine compliance Direct Broadcast Satellite Service, if with § 25.210(i). the proposed system’s technical char- (d) The following information in nar- acteristics differ from those specified rative form shall be contained in each in the Appendix 30 BSS Plans, the Ap- application, except space station appli- pendix 30A feeder link Plans, Annex 5 cations filed pursuant to § 25.122 or to Appendix 30 or Annex 3 to Appendix § 25.123: 30A of the ITU Radio Regulations, each (1) Overall description of system fa- applicant must provide: cilities, operations and services and ex- (i) The information requested in Ap- planation of how uplink frequency pendix 4 of the ITU Radio Regulations. bands would be connected to downlink Further, applicants must provide suffi- frequency bands; cient technical showing that the pro- (2)–(5) [Reserved] posed system could operate satisfac- (6) Public interest considerations in torily if all assignments in the BSS support of grant; and feeder link Plans were imple- (7) Applicants for authorizations for mented. space stations in the Fixed-Satellite (ii) Analyses of the proposed system Service, including applicants proposing with respect to the limits in Annex 1 to feeder links for space stations oper- Appendices 30 and 30A of the ITU Radio ating in the 17/24 GHz Broadcasting- Regulations. Satellite Service, must also include the (14) A description of the design and information specified in § 25.140(a). Ap- operational strategies that will be used plicants for authorizations for space to mitigate orbital debris, including stations in the 17/24 GHz Broadcasting- the following information: Satellite Service must also include the (i) A statement that the space sta- information specified in § 25.140(b); tion operator has assessed and limited (8) Applications for authorizations in the amount of debris released in a the Mobile-Satellite Service in the planned manner during normal oper- 1545–1559/1646.5–1660.5 MHz frequency ations, and has assessed and limited bands shall also provide all informa- the probability of the space station be- tion necessary to comply with the poli- coming a source of debris by collisions cies and procedures set forth in Rules with small debris or meteoroids that and Policies Pertaining to the Use of could cause loss of control and prevent Radio Frequencies in a Land Mobile post-mission disposal;

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(ii) A statement that the space sta- orbit location, it must assess whether tion operator has assessed and limited there are any known satellites located the probability of accidental explosions at, or reasonably expected to be lo- during and after completion of mission cated at, the requested orbital loca- operations. This statement must in- tion, or assigned in the vicinity of that clude a demonstration that debris gen- location, such that the station keeping eration will not result from the conver- volumes of the respective satellites sion of energy sources on board the might overlap. If so, the statement spacecraft into energy that fragments must include a statement as to the the spacecraft. Energy sources include identities of those parties and the chemical, pressure, and kinetic energy. measures that will be taken to prevent This demonstration should address collisions; whether stored energy will be removed (iv) A statement detailing the post- at the spacecraft’s end of life, by de- mission disposal plans for the space pleting residual fuel and leaving all station at end of life, including the fuel line valves open, venting any pres- quantity of fuel—if any—that will be surized system, leaving all batteries in reserved for post-mission disposal ma- a permanent discharge state, and re- neuvers. For geostationary-Earth orbit moving any remaining source of stored space stations, the statement must dis- energy, or through other equivalent close the altitude selected for a post- procedures specifically disclosed in the mission disposal orbit and the calcula- application; tions that are used in deriving the dis- (iii) A statement that the space sta- posal altitude. The statement must tion operator has assessed and limited also include a casualty risk assessment the probability of the space station be- if planned post-mission disposal in- coming a source of debris by collisions volves atmospheric re-entry of the with large debris or other operational space station. In general, an assess- space stations. Where a space station ment should include an estimate as to will be launched into a low-Earth orbit whether portions of the spacecraft will that is identical, or very similar, to an survive re-entry and reach the surface orbit used by other space stations, the of the Earth, as well as an estimate of statement must include an analysis of the resulting probability of human cas- the potential risk of collision and a de- ualty. Applicants for space stations to scription of what measures the space be used only for commercial remote station operator plans to take to avoid sensing may, in lieu of submitting de- in-orbit collisions. If the space station tailed post-mission disposal plans to operator is relying on coordination the Commission, certify that they have with another system, the statement submitted such plans to the National must indicate what steps have been Oceanic and Atmospheric Administra- taken to contact, and ascertain the tion for review. likelihood of successful coordination of (v) For non-U.S.-licensed space sta- physical operations with, the other tions, the requirement to describe the system. The statement must disclose design and operational strategies to the accuracy—if any—with which or- minimize orbital debris risk can be sat- bital parameters of non-geostationary isfied by demonstrating that debris satellite orbit space stations will be mitigation plans for the space sta- maintained, including apogee, perigee, tion(s) for which U.S. market access is inclination, and the right ascension of requested are subject to direct and ef- the ascending node(s). In the event fective regulatory oversight by the na- that a system is not able to maintain tional licensing authority. orbital tolerances, i.e., it lacks a pro- (15) Each applicant for a space sta- pulsion system for orbital mainte- tion license in the 17/24 GHz broad- nance, that fact should be included in casting-satellite service shall include the debris mitigation disclosure. Such the following information as an attach- systems must also indicate the antici- ment to its application: pated evolution over time of the orbit (i) If the applicant proposes to oper- of the proposed satellite or satellites. ate in the 17.3–17.7 GHz frequency band, Where a space station requests the as- a demonstration that the proposed signment of a geostationary-Earth space station will comply with the

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power flux density limits in § 25.208(w) GHz broadcasting-satellite service, unless the applicant provides a certifi- maximum orbital eccentricity. cation under paragraph (d)(15)(ii) of [68 FR 63997, Nov. 12, 2003, as amended at 69 this section. FR 29901, May 26, 2004; 69 FR 47794, Aug. 6, (ii) In cases where the proposed space 2004; 69 FR 54587, Sept. 9, 2004; 72 FR 50027, station will not comply with the power Aug. 29, 2007; 72 FR 60278, Oct. 24, 2007; 76 FR flux density limits set forth in 50431, Aug. 15, 2011; 78 FR 8421, Feb. 6, 2013; 79 § 25.208(w) of this part, the applicant FR 8314, Feb. 12, 2014; 81 FR 55326, Aug. 18, 2016; 82 FR 59984, Dec. 18, 2017; 83 FR 34489, will be required to provide a certifi- July 20, 2018; 85 FR 43733, July 20, 2020] cation that all potentially affected parties acknowledge and do not object to EFFECTIVE DATE NOTE: At 85 FR 52450, Aug. 25, 2020, § 25.114 was amended by revising the use of the applicant’s higher power paragraph (d)(14). This amendment contains flux densities. The affected parties information collection and recordkeeping re- with whom the applicant must coordi- quirements and will not become effective nate are those GSO 17/24 GHz BSS sat- until approval has been given by the Office of ellite networks located up to ±6° away Management and Budget. For the conven- for excesses of up to 3 dB above the ience of the user, the revised text is set forth below: power flux-density levels specified in § 25.208(w) of this part, and up to ±10° § 25.114 Applications for space station au- away greater for excesses greater than thorizations. 3 dB above those levels. (iii) If the applicant proposes to pro- * * * * * vide international service in the 17.7– (d) * * * 17.8 GHz frequency band, a certification (14) A description of the design and oper- that the proposed space station will ational strategies that will be used to miti- comply with the power flux density gate orbital debris, including the following limits in § 25.208(c). information: (i) A statement that the space station op- (iv) Any information required by erator has assessed and limited the amount § 25.264(a)(6), 25.264(b)(4), or 25.264(d). of debris released in a planned manner dur- (16) In addition to the requirements ing normal operations. Where applicable, of paragraph (d)(15) of this section, this statement must include an orbital de- each applicant for a license to operate bris mitigation disclosure for any separate deployment devices, distinct from the space a 17/24 GHz BSS space station that will station launch vehicle, that may become a be used to provide video programming source of orbital debris; directly to consumers in the United (ii) A statement indicating whether the States, that will not meet the require- space station operator has assessed and lim- ments of § 25.225 of this part, must in- ited the probability that the space station(s) clude as an attachment to its applica- will become a source of debris by collision with small debris or meteoroids that would tion a technical analysis dem- cause loss of control and prevent disposal. onstrating that providing video pro- The statement must indicate whether this gramming service to consumers in probability for an individual space station is Alaska and Hawaii that is comparable 0.01 (1 in 100) or less, as calculated using the to the video programming service pro- NASA Debris Assessment Software or a high- vided to consumers in the 48 contig- er fidelity assessment tool; (iii) A statement that the space station op- uous United States (CONUS) is not fea- erator has assessed and limited the prob- sible as a technical matter or that, ability, during and after completion of mis- while technically feasible, such service sion operations, of accidental explosions or would require so many compromises in of release of liquids that will persist in drop- satellite design and operation as to let form. This statement must include a make it economically unreasonable. demonstration that debris generation will not result from the conversion of energy (17) [Reserved] sources on board the spacecraft into energy (18) For space stations in the Direct that fragments the spacecraft. Energy Broadcast Satellite service or the 17/24 sources include chemical, pressure, and kinetic energy. This demonstration should address whether stored energy will be removed at the spacecraft’s end of life, by depleting residual fuel and leaving all fuel line valves

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open, venting any pressurized system, leav- collision risk if necessary. As appropriate, ing all batteries in a permanent discharge steps to assess and mitigate the collision state, and removing any remaining source of risk should include, but are not limited to: stored energy, or through other equivalent Contacting the operator of any active space- procedures specifically disclosed in the appli- craft involved in such a warning; sharing cation; ephemeris data and other appropriate oper- (iv) A statement that the space station op- ational information with any such operator; erator has assessed and limited the prob- and modifying space station attitude and/or ability of the space station(s) becoming a operations. source of debris by collisions with large de- (B) Where a space station requests the as- bris or other operational space stations. signment of a geostationary orbit location, (A) Where the application is for an NGSO it must assess whether there are any known space station or system, the following infor- satellites located at, or reasonably expected mation must also be included: to be located at, the requested orbital loca- (1) A demonstration that the space station tion, or assigned in the vicinity of that loca- operator has assessed and limited the prob- tion, such that the station keeping volumes ability of collision between any space sta- of the respective satellites might overlap or tion of the system and other large objects (10 touch. If so, the statement must include a cm or larger in diameter) during the total statement as to the identities of those sat- orbital lifetime of the space station, includ- ellites and the measures that will be taken ing any de-orbit phases, to less than 0.001 (1 to prevent collisions; in 1,000). The probability shall be calculated (v) A statement addressing the using the NASA Debris Assessment Software trackability of the space station(s). Space or a higher fidelity assessment tool. The col- station(s) operating in low-Earth orbit will lision risk may be assumed zero for a space be presumed trackable if each individual station during any period in which the space space station is 10 cm or larger in its small- station will be maneuvered effectively to est dimension, excluding deployable compo- avoid colliding with large objects. nents. Where the application is for an NGSO (2) The statement must identify character- space station or system, the statement shall istics of the space station(s)’ orbits that may also disclose the following: present a collision risk, including any planned and/or operational space stations in (A) How the operator plans to identify the those orbits, and indicate what steps, if any, space station(s) following deployment and have been taken to coordinate with the other whether space station tracking will be active spacecraft or system, or what other meas- or passive; ures the operator plans to use to avoid colli- (B) Whether, prior to deployment, the sion. space station(s) will be registered with the (3) If at any time during the space sta- 18th Space Control Squadron or successor en- tion(s)’ mission or de-orbit phase the space tity; and station(s) will transit through the orbits (C) The extent to which the space station used by any inhabitable spacecraft, including operator plans to share information regard- the International Space Station, the state- ing initial deployment, ephemeris, and/or ment must describe the design and oper- planned maneuvers with the 18th Space Con- ational strategies, if any, that will be used trol Squadron or successor entity, other en- to minimize the risk of collision and avoid tities that engage in space situational posing any operational constraints to the in- awareness or space traffic management func- habitable spacecraft. tions, and/or other operators. (4) The statement must disclose the accu- (vi) A statement disclosing planned prox- racy, if any, with which orbital parameters imity operations, if any, and addressing de- will be maintained, including apogee, per- bris generation that will or may result from igee, inclination, and the right ascension of the proposed operations, including any the ascending node(s). In the event that a planned release of debris, the risk of acci- system is not able to maintain orbital toler- dental explosions, the risk of accidental col- ances, e.g., its propulsion system will not be lision, and measures taken to mitigate those used for orbital maintenance, that fact must risks. be included in the debris mitigation disclo- (vii) A statement detailing the disposal sure. Such systems must also indicate the plans for the space station, including the anticipated evolution over time of the orbit quantity of fuel—if any—that will be re- of the proposed satellite or satellites. All served for disposal maneuvers. In addition, systems must describe the extent of satellite the following specific provisions apply: maneuverability, whether or not the space (A) For geostationary orbit space stations, station design includes a propulsion system. the statement must disclose the altitude se- (5) The space station operator must certify lected for a disposal orbit and the calcula- that upon receipt of a space situational tions that are used in deriving the disposal awareness conjunction warning, the operator altitude. will review and take all possible steps to as- (B) For space stations terminating oper- sess the collision risk, and will mitigate the ations in an orbit in or passing through the

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low-Earth orbit region below 2,000 km alti- regulatory oversight by the national licens- tude, the statement must disclose whether ing authority. the spacecraft will be disposed of through atmospheric re-entry, specifying if direct re- * * * * * trieval of the spacecraft will be used. The statement must also disclose the expected § 25.115 Applications for earth station time in orbit for the space station following authorizations. the completion of the mission. (C) For space stations not covered by ei- (a)(1) Transmitting earth stations. ther paragraph (d)(14)(vii)(A) or (B) of this Commission authorization must be ob- section, the statement must indicate wheth- tained for authority to operate a trans- er disposal will involve use of a storage orbit mitting earth station. Applications for or long-term atmospheric re-entry and ra- transmitting earth stations must be tionale for the selected disposal plan. filed electronically through the Inter- (D) For all space stations under paragraph national Bureau Filing System (IBFS) (d)(14)(vii) (B) or (C) of this section, the fol- in accordance with the applicable pro- lowing additional specific provisions apply: visions of part 1, subpart Y of this (1) The statement must include a dem- chapter. Applications must be filed onstration that the probability of success of electronically on FCC Form 312, Main the chosen disposal method will be 0.9 or Form and Schedule B, and include the greater for any individual space station. For information specified in this section, space station systems consisting of multiple except as set forth in paragraph (a)(2) space stations, the demonstration should in- of this section. clude additional information regarding ef- (2) Applicants for licenses for trans- forts to achieve a higher probability of success, with a goal, for large systems, of a mitting earth stations in the FSS may probability of success for any individual file on FCC Form 312EZ if all of the fol- space station of 0.99 or better. For space sta- lowing criteria are met: tions under paragraph (d)(14)(vii)(B) of this (i) The application is for a single sta- section, successful disposal is defined as at- tion that will transmit to an FSS GSO mospheric re-entry of the spacecraft within space station, or stations, in the 5925– 25 years or less following completion of the 6425 MHz band, or for single or multiple mission. For space stations under paragraph stations that will transmit to an FSS (d)(14)(vii)(C) of this section, successful dis- GSO space station, or stations, in the posal will be assessed on a case-by-case basis. 14.0–14.5 GHz, 28.35–28.6 GHz, and/or (2) If planned disposal is by atmospheric re- 29.5–30.0 GHz band; entry, the statement must also include: (ii) The earth station(s) will not be (i) A disclosure indicating whether the at- installed or operated on ships, aircraft, mospheric re-entry will be an uncontrolled or other moving vehicles; re-entry or a controlled targeted reentry. (iii) The application meets all rel- (ii) An assessment as to whether portions evant criteria in § 25.211 or § 25.212 or in- of any individual spacecraft will survive atmospheric re-entry and impact the surface of cludes information filed pursuant to the Earth with a kinetic energy in excess of paragraph (g)(1) of this section indi- 15 joules, and demonstration that the cal- cating that off-axis EIRP density from culated casualty risk for an individual space- the proposed earth stations will not ex- craft using the NASA Debris Assessment ceed relevant levels specified in § 25.218; Software or a higher fidelity assessment tool and is less than 0.0001 (1 in 10,000). (iv) Operation of the proposed station (E) Applicants for space stations to be used has been successfully coordinated with only for commercial remote sensing may, in terrestrial systems, if the station lieu of submitting detailed post-mission dis- would transmit in the 5925–6425 MHz posal plans to the Commission, certify that band; they have submitted such plans to the Na- (v) The application includes an envi- tional Oceanic and Atmospheric Administra- ronmental impact statement pursuant tion for review. to § 1.1311 of this chapter, if required; (viii) For non-U.S.-licensed space stations, the requirement to describe the design and (vi) The applicant does not propose to operational strategies to minimize orbital communicate via non-U.S.-licensed debris risk can be satisfied by demonstrating space stations not on the Permitted that debris mitigation plans for the space Space Station List; and station(s) for which U.S. market access is re- (vii) If the proposed station(s) will requested are subject to direct and effective ceive in the 18.3–18.8 GHz and/or 19.7–

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20.2 GHz bands, the applicant proposes must provide the information required to communicate only via satellites for by § 25.135. which coordination has been completed (iii) Applicants for 1.6/2.4 GHz MSS pursuant to Footnote US334 of the U.S. user transceivers must demonstrate Table of Frequency Allocations with that the transceivers will operate in respect to Federal Government sys- compliance with relevant requirements tems authorized on a primary basis, in § 25.213. under an agreement previously ap- (iv) Applicants for earth stations li- proved by the Commission and the Na- censed in accordance with § 25.136 must tional Telecommunications and Infor- demonstrate that the transmitting mation Administration, and the appli- earth stations will meet the relevant cant certifies that it will operate con- criteria specified in that section, in- sistently with the agreement. cluding any showings required under (3) Unless the Commission orders § 25.136(a)(4), (c), (d)(4), and/or (e)(4). otherwise, an application filed on FCC (7) In those cases where an applicant Form 312EZ in accordance with para- is filing a number of essentially similar graph (a)(2) of this section will be applications, showings of a general na- deemed granted 35 days after the date ture applicable to all of the proposed of the public notice that the applica- stations may be submitted in the ini- tion has been accepted for filing, pro- tial application and incorporated by vided no objection is filed during the reference in subsequent applications. 30-day public notice period. (8) Transmissions of signals or pro- (4) [Reserved] gramming to non-U.S. licensed sat- (5) Applicants that are not permitted ellites, and to and/or from foreign to submit applications under paragraph points by means of U.S.-licensed fixed (a)(2) of this section on Form 312EZ, satellites may be subject to restric- must submit, as an attachment to tions as a result of international agree- their application, the following infor- ments or treaties. The Commission will mation to be used as an ‘‘informative’’ maintain public information on the in the public notice issued under status of any such agreements. § 25.151: (9) Applicants seeking to operate in a (i) A detailed description of the serv- shared government/non-government ice to be provided, including frequency band must provide the half-power beam bands and satellites to be used. The ap- width of their proposed earth station plicant must identify either the spe- antenna, as an attachment to their ap- cific satellite(s) with which it plans to plications. operate, or the eastern and western (10) With the exception of applica- boundaries of the arc it plans to coordi- tions for blanket-licensed earth station nate. networks filed pursuant to § 25.115(c) or (ii) The diameter or equivalent di- § 25.218; applications for conventional ameter of the antenna. Ka-band hub stations filed pursuant to (iii) Proposed power and power den- § 25.115(e); applications for NGSO FSS sity levels. gateway earth stations filed pursuant (iv) Identification of any random ac- to § 25.115(f); applications for individ- cess technique, if applicable. ually licensed earth stations filed pur- (v) Identification of a specific rule or suant to § 25.136; applications for ESIMs rules for which a waiver is requested. filed pursuant to § 25.115(l), § 25.115(m), (6)(i) Applicants for earth stations or § 25.115(n); or applications for 29 GHz transmitting in frequency bands shared NGSO MSS feeder-link stations in a with equal rights between terrestrial complex as defined in § 25.257, parties and space services must provide a fre- may apply, either in an initial applica- quency coordination analysis in action or an application for modification cordance with § 25.203(b) and must in- of license, for operating authority for clude any notification or demonstra- multiple transmitting FSS earth station required by any other relevant tions that are not eligible for blanket provision in § 25.203. or network licensing under another (ii) Applicants for user transceiver section of this part in the following cir- units associated with the NVNG MSS cumstances:

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(i) The antennas would transmit in (5) The registration of a receive-only frequency bands shared with terrestrial earth station results in the listing of services on a co-primary basis and the an authorized frequency band at the lo- antennas would be sited within an area cation specified in the registration. In- bounded by 1 second of latitude and 1 terference protection levels are those second of longitude. agreed to during coordination. (ii) The antennas would transmit in (6) Reception of signals or program- frequency bands allocated to FSS on a ming from non-U.S. satellites may be primary basis and there is no co-pri- subject to restrictions as a result of mary allocation for terrestrial serv- international agreements or treaties. ices, and the antennas would be sited The Commission will maintain public within an area bounded by 10 seconds information on the status of any such of latitude and 10 seconds of longitude. agreements. (b) Receive-only earth stations. Except (7) Registration term: Registrations as provided in paragraphs (b)(1) and (8) for receive-only earth stations gov- of this section, applications for li- erned by this section will be issued for censes for receive-only earth stations a period of 15 years from the date on must be submitted on FCC Form 312, which the application was filed. Appli- Main Form and Schedule B, accom- cations for renewals of registrations panied by any required exhibits and the must be submitted on FCC Form 312R information described in paragraphs (Application for Renewal of Radio Sta- (a)(5)(i) through (v) of this section. tion License in Specified Services) no Such applications must be filed elec- earlier than 90 days and no later than tronically through the International 30 days before the expiration date of Bureau Filing System (IBFS) in ac- the registration. cordance with the applicable provisions (8) Applications for modification of of part 1, subpart Y of this chapter. license or registration of receive-only (1) Receive-only earth stations in the earth stations must be made in con- FSS that operate with U.S.-licensed formance with §§ 25.117 and 25.118. In ad- space stations, or with non-U.S.-li- dition, registrants are required to no- censed space stations that have been tify the Commission when a receive- duly approved for U.S. market access, only earth station is no longer oper- may be registered with the Commission ational or when it has not been used to in order to protect them from inter- provide any service during any 6-month ference from terrestrial microwave sta- period. tions in bands shared co-equally with (9)(i) Except as set forth in paragraph the Fixed Service in accordance with (b)(9)(ii) of this section, receive-only the procedures of §§ 25.203 and 25.251, earth stations operating with non-U.S. subject to the stricture in § 25.209(c). licensed space stations must file an (2) Licensing or registration of re- FCC Form 312 requesting a license or ceive-only earth stations with the modification to operate such station. Commission confers no authority to re- (ii) Operators of receive-only earth ceive and use signals or programming stations need not apply for a license to received from satellites. See Section 705 receive transmissions from non-U.S.-li- of the Communications Act. 47 U.S.C. censed space stations that have been 605. duly approved for U.S. market access, (3) Applications for registration must provided the space station operator and be accompanied by the coordination earth station operator comply with all exhibit required by § 25.203 and any applicable rules in this chapter and other required exhibits. with applicable conditions in the Per- (4) Complete applications for reg- mitted Space Station List or market- istration will be placed on public no- access grant. tice for 30 days and automatically (c)(1) GSO FSS earth stations in 10.7– granted if no objection is submitted to 12.2 GHz or 14–14.5 GHz. A blanket li- the Commission and served on the ap- cense application for operation in the plicant. Additional pleadings are au- 10.7–12.2 GHz or 14–14.5 GHz bands may thorized in accordance with § 1.45 of be filed on FCC Form 312 or Form this chapter. 312EZ, with a Schedule B for each large

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(5 meters or larger) hub station an- type of antenna that will operate with- tenna and each representative type of in the network. Such lead applications small antenna (less than 5 meters) op- for a single system must identify: erating within the network; however, (A) No more than three geo- blanket licensing in the 10.7–11.7 GHz stationary satellites to be accessed; band is on an unprotected basis with (B) The amount of frequency band- respect to the fixed service. width sought, up to a maximum of 20 (i) Applications to license networks MHz of spectrum in each direction at of earth stations operating in the 11.7– each of the satellites (The same 20 MHz 12.2 GHz and 14.0–14.5 GHz bands under of uplink and 20 MHz of downlink spec- blanket operating authority that meet trum at each satellite would be acces- the requirements of § 25.212(c) or sible by all earth stations in the sys- § 25.218(e) or (f) will be routinely proc- tem. The 20 MHz of uplink and 20 MHz essed. of downlink spectrum need not be the (ii) Applications to license networks same at each satellite location); of earth stations operating in the 11.7– (C) The maximum number of earth 12.2 GHz and 14.0–14.5 GHz bands under station sites; blanket operating authority that do (ii) Following the issuance of a li- not meet the requirements of § 25.212(c) cense for the lead application, the li- or § 25.218(e) or (f) must comply with censee shall notify the Commission of the requirements in § 25.220 and must the complete technical parameters of be filed on FCC Form 312 with a Sched- each individual earth station site be- ule B for each large (5 meters or larger) hub station antenna and each rep- fore that site is bought into operation resentative type of small antenna (less under the lead authorization. Full fre- than 5 meters) operating within the quency coordination of each individual network. site (e.g., for each satellite and the (2) Networks of earth stations operating spectrum associated therewith) shall in the 3700–4200 MHz and 5925–6425 MHz be completed prior to filing Commis- bands. Applications to license networks sion notification. The coordination of earth stations operating in the 3700– must be conducted in accordance with 4200 MHz and 5925–6425 MHz bands must § 25.203. Such notification shall be done be filed electronically on FCC Form by electronic filing and shall be con- 312, Main Form and Schedule B. Appli- sistent with the technical parameters cations will be routinely processed proof Schedule B of FCC Form 312. vided that frequency coordination has (iii) Following successful coordina- been satisfactorily completed and that tion of such an earth station, if the the proposed earth stations comply earth station operator does not file a with the applicable provisions in lead application or a Schedule B within § 25.211(d) or § 25.212(d). Alternatively, six months after it successfully com- applicants that have satisfactorily pletes coordination, it will be assumed completed frequency coordination may that such frequency use is no longer be routinely processed if the proposed desired, unless a second notification earth stations comply with the applica- has been received within ten days prior ble off-axis EIRP density limits in to the end of the six month period. § 25.218(c) or (d). Such renewal notifications must be (i) For earth station antennas oper- sent to all parties concerned. If the ating with power levels not consistent lead application or Schedule B, or re- with the applicable provisions in newal notification, is not timely re- § 25.211(d) or § 25.212(d), or with EIRP ceived, the coordination will lapse and density levels not consistent with the licensee must re-coordinate the rel- those specified in § 25.218(c) or (d), the evant earth stations if it still wishes to applicant must file an initial lead ap- bring them into operation. plication providing a detailed overview (iv) Operation of each individual site of the complete network. Such lead ap- may commence immediately after the plications must fully identify the scope public notice is released that identifies and nature of the service to be pro- the notification sent to the Commis- vided, as well as the complete tech- sion and if the requirements of para- nical details of each representative graph (c)(2)(vi) of this section are met.

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Continuance of operation of each sta- mission’s rules (with the exception of a tion for the duration of the lead license request for waiver pertaining to fees); term shall be dependent upon success- (4) The applicant has determined that ful completion of the normal public no- the facility(ies) will not significantly tice process. If any objections are re- affect the environment as defined in ceived to the new station prior to the § 1.1307 of this chapter after complying end of the 30 day comment period of with any applicable environmental no- the Public Notice, the licensee shall tification procedures specified in immediately cease operation of those § 17.4(c) of this chapter. particular stations until the coordina- (5) The station site does not lie with- tion dispute is resolved and the li- in 56.3 kilometers of any international censee informs the Commission of the border or within a radio ‘‘Quiet Zone’’ resolution. If the requirements of para- identified in § 1.924 of this chapter; and graph (c)(2)(vi) of this section are not (6) The filed application is consistent met, operation may not commence with the proposal that was coordinated until the Commission issues the public pursuant to § 25.251. notice acting on the terminal author- (B) Conditional authority ceases im- ization. mediately if the Schedule B is returned (v) Each licensee shall annually pro- by the Commission because it is not ac- vide the Commission an updated list of cepted for filing. all operational earth stations in its (C) A conditional authorization pur- system. The annual list shall also in- suant to paragraphs (c)(2)(vi)(A) and clude a list of all earth stations deacti- (c)(2)(vi)(B) of this section is evidenced vated during the year and identifica- by retaining a copy of the Schedule B tion of the satellites providing service notification with the station records. to the network as of the date of the re- Conditional authorization does not port. prejudice any action the Commission (vi) Conditional authorization. (A) An may take on the subject application(s) applicant for a new radio station or or the Schedule B notifications. modification of an existing station au- (D) Conditional authority is accepted thorized under paragraph (c)(2)(i) of with the express understanding that this section in the 3700–4200; or 5925– such authority may be modified or can- 6425 MHz bands may operate the pro- celled by the Commission at any time posed station during the pendency of without hearing if, in the Commis- its application after the release of the sion’s discretion, the need for such ac- public notice accepting the notification arises. An applicant operating pur- tion for filing that complies with para- suant to this conditional authority as- graph (c)(2)(ii) of this section. The ap- sumes all risks associated with such plicant, however, must first certify operation, the termination or modi- that the following conditions are satis- fication of the conditional authority, fied: or the subsequent dismissal or denial of (1) The frequency coordination proce- its application(s). dures of § 25.203 have been successfully (E) The copy of the Schedule B notifi- completed; cation form must be posted at each sta- (2) The antenna structure has been tion operating pursuant to this section. previously studied by the Federal Avia- (vii) Period of construction. Construc- tion Administration and determined to tion of each earth station must be com- pose no hazard to aviation safety as re- pleted and the station must be brought quired by subpart B of part 17 of this into regular operation within twelve chapter; or the antenna or tower struc- months from the date that action is ture does not exceed 6.1 meters above taken to authorize that station to op- ground level or above an existing man- erate under the lead authorization, ex- made structure (other than an antenna cept as may be otherwise determined structure), if the antenna or tower has by the Commission for any particular not been previously studied by the Fed- application. eral Aviation Administration and (3) Networks of earth stations oper- cleared by the FCC; ating in the 18.3–18.8 GHz, 19.7–20.2 GHz, (3) The grant of the application(s) 28.35–28.6 GHz, and 29.25–30 GHz bands does not require a waiver of the Com- with U.S.-licensed or non-U.S.-licensed

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satellites for domestic or international (e) GSO FSS earth stations in 17.8–30 services. GHz. (1) An application for a GSO FSS (i) Applications to license networks earth station license in the 17.8–19.4 of earth stations that will transmit GHz, 19.6–20.2 GHz, 27.5–29.1 GHz, or digitally modulated signals to GSO 29.25–30 GHz bands not filed on FCC space stations in the 28.35–28.6 GHz and/ Form 312EZ pursuant to paragraph or 29.25–30.0 GHz bands under blanket (a)(2) of this section must be filed on operating authority must be filed on FCC Form 312, Main Form and Sched- FCC Form 312, or Form 312EZ if avail- ule B, and must include any informa- able, with a Schedule B for each large tion required by paragraphs (a)(5) (5 meters or larger) hub station an- through (10) or (g) or (j) of this section. tenna and each representative type of (f) NGSO FSS earth stations in 10.7–30.0 small antenna (less than 5 meters) op- GHz. (1) An application for an NGSO erating within the network and may be FSS earth station license in the 10.7– routinely processed if the criteria in 30.0 GHz band must include the certifi- paragraphs (c)(3)(i)(A) and (B) of this cation described in § 25.146(a)(2). section are met: (2) Individual or blanket license ap- (A) The applicant certifies pursuant plications may be filed for operation in to § 25.132(a)(1) that the off-axis gain of the 10.7–12.7 GHz, 14–14.5 GHz, 17.8–18.6 transmitting antennas in the network GHz, 18.8–19.4 GHz, 19.6–20.2 GHz, 28.35– will not exceed the relevant levels 29.1 GHz, or 29.5–30.0 GHz bands; how- specified in § 25.209(a) and (b) and the ever, ESIMs cannot operate in the power spectral density of any digitally 28.35–28.4 GHz band and blanket licens- modulated carrier into any transmit- ing in the 10.7–11.7 GHz, 17.8–18.3 GHz, ting earth station antenna in the pro- 19.3–19.4 GHz, and 19.6–19.7 GHz bands is posed network will not exceed 3.5 dBW/ on an unprotected basis with respect to MHz as specified in § 25.212(e). current and future systems operating (B) The application includes informa- in the fixed service. tion filed pursuant to paragraph (g)(1) (3) Individual license applications of this section indicating that off-axis EIRP density from the proposed earth only may be filed for operation in the stations will not exceed relevant rou- 12.75–13.15 GHz, 13.2125–13.25 GHz, 13.75– tine levels specified in § 25.218(i). 14 GHz, or 27.5–28.35 GHz bands. (ii) Applications to license networks (g) Applications for earth stations of earth stations operating in the 28.35– that will transmit to GSO space sta- 28.6 GHz and/or 29.25–30.0 GHz bands tions in any portion of the 5850–6725 under blanket operating authority that MHz, 13.75–14.5 GHz, 24.75–25.25 GHz, do not meet the requirements of 28.35–28.6 GHz, or 29.25–30.0 GHz bands § 25.212(e) or § 25.218(i) must comply must include, in addition to the par- with the requirements in § 25.220 and ticulars of operation identified on FCC must be filed on FCC Form 312 with a Form 312 and associated Schedule B, Schedule B for each large (5 meters or the information specified in either larger) hub station antenna and each paragraph (g)(1) or (g)(2) of this section representative type of small antenna for each earth station antenna type. (less than 5 meters) operating within (1) Specification of off-axis EIRP den- the network. sity calculated from measurements (d) Mobile-Satellite Service user made consistent with the requirements transceivers need not be individually in § 25.132(b)(1), in accordance with the licensed. Service vendors may file blan- following requirements. For purposes ket applications for such transceivers of this rule, the ‘‘off-axis angle’’ is the using FCC Form 312, Main Form and angle in degrees from a line between an Schedule B, specifying the number of earth station antenna and the target units to be covered by the blanket li- satellite. cense. A blanket license application for (i) A plot of maximum co-polarized 1.5/1.6 GHz MSS user transceivers must EIRP density in the plane tangent to include an explanation of how the ap- the GSO arc at off-axis angles from plicant will comply with the priority minus 180° to plus 180°; and preemptive access requirements in (ii) A plot of maximum co-polarized § 25.287. EIRP density in the plane tangent to

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the GSO arc at off-axis angles from tention protocol usage will be reason- minus 10° to plus 10°; able. (iii) A plot of maximum co-polarized (j) An application for a new fixed EIRP density in the plane perpen- earth station or modification involving dicular to the GSO arc at off-axis an- alteration of the overall height of one gles from 0° to plus 30°; or more existing earth station antenna (iv) A plot of maximum cross-polar- structures must include the FCC An- ized EIRP density in the plane tangent tenna Structure Registration Num- to the GSO arc at off-axis angles from ber(s) for the antenna structure(s), if minus 7° to plus 7°; assigned. If no such number has been (v) A plot of maximum cross-polar- assigned, the application must state ized EIRP density in the plane perpen- whether prior FAA notification is re- dicular to the GSO arc at off-axis an- quired by part 17 of this chapter and, if gles from minus 7° to plus 7°; so, whether the applicant or owner of (vi) For antennas for which gain the structure has notified the FAA of measurements are made pursuant to the proposed construction or alteration § 25.132(b)(1)(iv), the EIRP density plots and applied for an Antenna Structure specified in paragraphs (g)(1)(i) through Registration Number in accordance (v) of this section must be provided with part 17 of this chapter. Applicants over the specified angular ranges in who maintain that prior FAA notifica- two orthogonal planes, one of which is tion is not required for construction or tangent to the GSO arc and with the alteration of a structure with overall antenna operating at its maximum height more than 6.1 meters above skew angle, which the applicant must ground level must explain in the appli- specify. cation why such prior notification is (vii) The relevant off-axis EIRP den- not required. sity envelopes in § 25.218 must be super- (k)(1) Applicants for FSS earth sta- imposed on plots submitted pursuant tions that qualify for routine proc- to paragraphs (g)(1)(i) through (vi) of essing in the conventional or extended this section. C-bands, the conventional or extended (viii) The showing must include a Ku-bands, the conventional Ka-band, or supplemental table for each off-axis an- the 24.75–25.25 GHz band, including ESV gular range in which the relevant EIRP applications filed pursuant to para- density envelope will be exceeded, graph (m)(1) or (n)(1) of this section, specifying angular coordinates in de- VMES applications filed pursuant to grees off-axis and corresponding cal- paragraph (m)(1) or (n)(1) of this sec- culated off-axis EIRP density at 0.2° in- tion, and ESAA applications filed pur- crements over the angular range in suant to paragraph (m)(1) or (n)(1) of which the routine envelope will be ex- this section, may designate the Per- ceeded and one degree on each side of mitted Space Station List as a point of that range. communication. Once such an applica- (2) An applicant that certifies pursu- tion is granted, the earth station oper- ant to § 25.132(a)(1) that a proposed an- ator may communicate with any space tenna’s measured gain pattern con- station on the Permitted Space Station forms to relevant standards in List, provided that the operation is § 25.209(a) and (b) and that input power consistent with the technical param- density to the antenna will not exceed eters and conditions in the earth sta- the relevant limit in § 25.211 or § 25.212 tion license and any limitations placed need not provide a showing pursuant to on the space station authorization or paragraph (g)(1) of this section for op- noted in the Permitted Space Station eration with that antenna. List. (h) [Reserved] (2) Notwithstanding paragraph (k)(1) (i) An earth station applicant filing of this section, an earth station that an application for a blanket-licensed would receive signals in the 17.8–20.2 earth station network made up of FSS GHz band may not communicate with a earth stations and planning to use a space station on the Permitted Space contention protocol must include in its Station List in that band until the application a certification that its con- space station operator has completed

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coordination under Footnote US334 to and monitoring center, if the aggregate § 2.106 of this chapter. off axis EIRP densities of the trans- (l) The requirements of this para- mitter or transmitters exceed the rel- graph apply to applications for ESV op- evant off-axis EIRP density limits. eration in the 5925–6425 MHz (Earth-to- (ii) An exhibit describing the geo- space) band with GSO satellites in the graphic area(s) in which the ESVs will Fixed-Satellite Service, in addition to operate. the requirements in paragraphs (a)(1), (iii) The point of contact information (5), (6), and (i) of this section: referred to in § 25.228(e)(2). (1) Applications where any necessary (iv) Applicants for ESVs that will ex- frequency coordination has been satis- ceed the guidelines in § 1.1310 of this factorily completed, and the proposed chapter for radio frequency radiation earth station transmissions comport exposure must provide, with their envi- with the applicable provisions in ronmental assessment, a plan for miti- § 25.212(d) or the applicable off-axis gation of radiation exposure to the ex- EIRP density limits in § 25.218(d) will tent required to meet those guidelines. be routinely processed. Such applica- (m) The requirements of this para- tions must include the relevant infor- graph apply to applications for ESIM mation specified by paragraph (g) of operation in the 14.0–14.5 GHz (Earth- this section. Applicants for ESIMs op- to-space) band with GSO satellites in erating in a network using variable the Fixed-Satellite Service, in addition power density control of earth stations to the requirements in paragraphs transmitting simultaneously in shared frequencies to the same target satellite (a)(1) and (5) and (i) of this section: receiving beam must also provide the (1) Applications where any necessary certification required by § 25.212(g) or frequency coordination has been satis- § 25.218(d)(4), whichever is applicable. factorily completed, and the proposed (2) Applications where the proposed earth station transmissions comport earth station transmissions do not with the applicable provisions in comport with the applicable provisions § 25.212(c)(2) or the applicable off-axis in § 25.212(d) or the applicable off-axis EIRP density limits in § 25.218(f) will be EIRP density limits in § 25.218(d) must routinely processed. Such applications include the information specified by must include the relevant information paragraph (g)(1) of this section, and are specified by paragraph (g) of this sec- subject to the requirements of § 25.220. tion. Applicants for ESIMs operating in (3) Applications must include the fol- a network using variable power density lowing information: control of earth stations transmitting (i) ESIM applicants that meet the simultaneously in shared frequencies relevant off-axis EIRP density mask to the same target satellite receiving must certify that an ESIM system is beam must also provide the certifi- self-monitoring and capable of auto- cation required by § 25.212(g) or matically ceasing or reducing emis- § 25.218(f)(4), whichever is applicable. sions within 100 milliseconds if the (2) Applications where the proposed ESIM transmitter exceeds the relevant earth station transmissions do not off-axis EIRP density limits. ESIM ap- comport with the applicable provisions plicants that do not meet the relevant in § 25.212(c)(2) or the applicable off-axis off-axis EIRP density mask must pro- EIRP density limits in § 25.218(f) must vide a detailed showing that an ESIM include the information specified by system is self-monitoring and capable paragraph (g)(1) of this section, and are of automatically ceasing or reducing subject to the requirements of § 25.220. emissions within 100 milliseconds if the (3) Applications must include the fol- ESIM transmitter exceeds the relevant lowing information: off-axis EIRP density limits. Variable- (i) ESIM applicants that meet the power ESIM applicants must certify relevant off-axis EIRP density mask that one or more transmitters are ca- must certify that an ESIM system is pable of automatically ceasing or re- self-monitoring and capable of auto- ducing emissions within 100 milli- matically ceasing or reducing emis- seconds of receiving a command to do sions within 100 milliseconds if the so from the system’s network control ESIM transmitter exceeds the relevant

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off-axis EIRP density limits. ESIM ap- (2) Applications where the proposed plicants that do not meet the relevant earth station transmissions do not off-axis EIRP density mask must pro- comport with the applicable provisions vide a detailed showing that an ESIM in § 25.212(e) or the applicable off-axis system is self-monitoring and capable EIRP density limits in § 25.218(i) must of automatically ceasing or reducing include the information specified by emissions within 100 milliseconds if the paragraph (g)(1) of this section, and are ESIM transmitter exceeds the relevant subject to the requirements of § 25.220. off-axis EIRP density limits. Variable- (3) Applications must include the fol- power ESIM applicants must certify lowing information: that one or more transmitters are ca- (i) ESIM applicants that meet the pable of automatically ceasing or re- relevant off-axis EIRP density mask ducing emissions within 100 milli- must certify that an ESIM system is seconds of receiving a command to do self-monitoring and capable of auto- so from the system’s network control matically ceasing or reducing emis- and monitoring center, if the aggregate sions within 100 milliseconds if the off axis EIRP densities of the trans- ESIM transmitter exceeds the relevant mitter or transmitters exceed the rel- off-axis EIRP density limits. ESIM ap- evant off-axis EIRP density limits. plicants that do not meet the relevant (ii) An exhibit describing the geo- off-axis EIRP density mask must pro- graphic area(s) in which the ESIMs will vide a detailed showing that an ESIM operate. system is self-monitoring and capable (iii) The point of contact information of automatically ceasing or reducing referred to in § 25.228(e)(2), (f), or (g)(1) emissions within 100 milliseconds if the as appropriate. ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable- (iv) Applicants for ESIMs that will power ESIM applicants must certify exceed the guidelines in § 1.1310 of this that one or more transmitters are ca- chapter for radio frequency radiation pable of automatically ceasing or re- exposure must provide, with their envi- ducing emissions within 100 milli- ronmental assessment, a plan for miti- seconds of receiving a command to do gation of radiation exposure to the ex- so from the system’s network control tent required to meet those guidelines. and monitoring center, if the aggregate (n) The requirements of this para- off axis EIRP densities of the trans- graph apply to applications for ESIM mitter or transmitters exceed the rel- operation in the 28.35–28.6 GHz or 29.25– evant off-axis EIRP density limits. 30.0 GHz (Earth-to-space) band with (ii) An exhibit describing the geo- GSO satellites in the Fixed-Satellite graphic area(s) in which the ESIMs will Service, in addition to the require- operate. ments in paragraphs (a)(1) and (5) and (iii) The point of contact information (i) of this section: referred to in § 25.228(e)(2), (f), or (g)(1) (1) Applications where any necessary as appropriate. frequency coordination has been satis- (iv) Applicants for ESIMs that will factorily completed, and the proposed exceed the guidelines in § 1.1310 of this earth station transmissions comport chapter for radio frequency radiation with the applicable provisions in exposure must provide, with their envi- § 25.212(e) or the applicable off-axis ronmental assessment, a plan for miti- EIRP density limits in § 25.218(i) will be gation of radiation exposure to the ex- routinely processed. Such applications tent required to meet those guidelines. must include the relevant information (o) The requirements in this para- specified by paragraph (g) of this sec- graph apply to applications for ESIMs tion. Applicants for ESIMs operating in operation with NGSO satellites in the a network using variable power density Fixed-Satellite Service, in addition to control of earth stations transmitting the requirements in paragraphs (a)(1), simultaneously in shared frequencies (a)(5), and (i) of this section: to the same target satellite receiving (1) An exhibit describing the geo- beam must also provide the certifi- graphic area(s) in which the ESIMs will cation required by § 25.212(g) or operate and the location of hub and/or § 25.218(i)(5), whichever is applicable. gateway stations.

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(2) The point of contact information have a significant environmental effect referred to in § 25.228(e)(2), (f), or (g)(1) under § 1.1307 of this chapter. as appropriate. (3) [Reserved] (3) Applicants for ESIMs that will ex- (4) If the amendment, or the cumu- ceed the guidelines in § 1.1310 of this lative effect of the amendment, is de- chapter for radio frequency radiation termined by the Commission otherwise exposure must provide, with their envi- to be substantial pursuant to section ronmental assessment, a plan for miti- 309 of the Communications Act. gation of radiation exposure to the ex- (5) Amendments to ‘‘defective’’ space tent required to meet those guidelines. station applications, within the mean- (p) The licensee and grantees shall ing of § 25.112 will not be considered. ensure compliance with the Commis- (c) Any application for an NGSO-like sion’s radio frequency exposure re- satellite license within the meaning of quirements in §§ 1.1307(b), 2.1091, and § 25.157 will be considered to be a newly 2.1093 of this chapter, as appropriate. filed application if it is amended by a An Environmental Assessment may be major amendment (as defined by para- required if RF radiation from the pro- graph (b) of this section) after a ‘‘cut- posed facilities would, in combination off’’ date applicable to the application, with radiation from other sources, except under the following cir- cause RF power density or field cumstances: strength in an accessible area to exceed (1) The amendment resolves fre- the applicable limits specified in quency conflicts with authorized sta- § 1.1310 of this chapter. See tions or other pending applications but § 1.1307(b)(5)(ii). does not create new or increased fre- [62 FR 5928, Feb. 10, 1997] quency conflicts; (2) The amendment reflects only a EDITORIAL NOTE 1.: For FEDERAL REGISTER change in ownership or control found citations affecting § 25.115, see the List of CFR Sections Affected, which appears in the by the Commission to be in the public Finding Aids section of the printed volume interest and, for which a requested ex- and at www.govinfo.gov. emption from a ‘‘cut-off’’ date is granted; EDITORIAL NOTE 2.: At 84 FR 53651, Oct. 8, 2019, § 25.115 was amended in part by revising (3) The amendment corrects typo- paragraph (c)(1); however, the amendment graphical, transcription, or similar could not be incorporated because no new clerical errors which are clearly dem- text was set out for paragraph (c)(1). onstrated to be mistakes by reference to other parts of the application, and § 25.116 Amendments to applications. whose discovery does not create new or (a) Unless otherwise specified, any increased frequency conflicts; or pending application may be amended (4) The amendment does not create until designated for hearing, a public new or increased frequency conflicts, notice is issued stating that a sub- and is demonstrably necessitated by stantive disposition of the application events which the applicant could not is to be considered at a forthcoming have reasonably foreseen at the time of Commission meeting, or a final order filing. disposing of the matter is adopted by (d) Any application for a GSO-like the Commission. satellite license within the meaning of (b) Major amendments submitted § 25.158 will be considered to be a newly pursuant to paragraph (a) of this sec- filed application if it is amended by a tion are subject to the public notice re- major amendment (as defined by para- quirements of § 25.151. An amendment graph (b) of this section), and will will be deemed to be a major amend- cause the application to lose its status ment under the following cir- relative to later-filed applications in cumstances: the ‘‘queue’’ as described in § 25.158. (1) If the amendment increases the (e) Any amendment to an application potential for interference, or changes shall be filed electronically through the proposed frequencies or orbital lo- the International Bureau Filing Sys- cations to be used. tem (IBFS) in accordance with the ap- (2) If the amendment would convert plicable provisions of part 1, subpart Y the proposal into an action that may of this chapter. Amendments to space

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station applications must be filed on for modifications of GSO-like space Form 312 and Schedule S. Amendments station authorizations granted pursu- to earth station applications must be ant to the procedure set forth in filed on Form 312 and Schedule B. § 25.158, which seek to relocate a GSO [56 FR 24016, May 28, 1991, as amended at 68 satellite or add a frequency band to the FR 51503, Aug. 27, 2003; 69 FR 47794, Aug. 6, authorization, will be placed in a queue 2004; 78 FR 8421, Feb. 6, 2013] pursuant to § 25.158 and considered only after previously filed space station li- § 25.117 Modification of station license. cense applications or space station (a) Except as provided for in § 25.118 modification applications have been (Modifications not requiring prior au- considered. thorization), no modification of a radio (iv) Applications for modifications of station governed by this part which af- space station authorizations to in- fects the parameters or terms and con- crease the authorized bandwidth will ditions of the station authorization not be considered in cases in which the shall be made except upon application original space station authorization to and grant of such application by the was granted pursuant to the procedures Commission. set forth in § 25.157(e) or § 25.158(c)(4). (b) Both earth station and space sta- (v) Any 17/24 GHz BSS space station tion modification applications must be operator whose license is conditioned filed electronically through the Inter- to operate at less than the power level national Bureau Filing System (IBFS) otherwise permitted by § 25.208(c) and/ in accordance with the applicable pro- or (w) of this part, and is conditioned visions of part 1, subpart Y of this to accept interference from a neigh- chapter. boring 17/24 GHz BSS space station, (c) Applications for modification of may file a modification application to earth station authorizations must be remove those two conditions in the submitted on FCC Form 312, Main event that the license for that neigh- Form and Schedule B. Applications for boring space station is cancelled or modification of space station author- surrendered. In the event that two or izations must be submitted on FCC more such modification applications Form 312, Main Form and Schedule S. are filed, and those applications are Only those items that change need to mutually exclusive, the modification be specified, provided that the appli- applications will be considered on a cant certifies that the remaining infor- first-come, first-served basis pursuant mation has not changed. to the procedure set forth in § 25.158 of (d)(1) Except as set forth in § 25.118(e), this part. applications for modifications of space station authorizations shall be filed in (3) In the event that a space station accordance with § 25.114 and/or § 25.122 licensee provides notification of a or § 25.123, as applicable, but only those planned license modification pursuant items of information listed in § 25.114 to § 25.118(e), and the Commission finds and/or § 25.122 or § 25.123 that change that the proposed modification does need to be submitted, provided the ap- not meet the requirements of § 25.118(e), plicant certifies that the remaining in- the Commission will issue a public no- formation has not changed. tice announcing that the proposed li- (2) Applications for modifications of cense modification will be considered space station authorizations will be pursuant to the procedure specified in granted except under the following cir- paragraphs (d)(1) and (d)(2) of this sec- cumstances: tion. (i) Granting the modification would (e) Any application for modification make the applicant unqualified to op- of authorization to extend a required erate a space station under the Com- date of completion, as set forth in mission’s rules. § 25.133 for earth station authorizations (ii) Granting the modification re- or § 25.164 for space stations, or in- quest would not serve the public inter- cluded as a condition of any earth sta- est, convenience, and necessity. tion or space station authorization, (iii) Except as set forth in paragraph must include a verified statement from (d)(2)(iv) of this section, applications the applicant:

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(1) That states that the additional sociated feeder-link Plan in Appendix time is required due to unforeseeable 30A of the ITU Radio Regulations (both circumstances beyond the applicant’s incorporated by reference, see § 25.108). control, describes these circumstances (1) Relocation of a DBS or GSO FSS with specificity, and justifies the pre- space station by no more than 0.15° cise extension period requested; or from the initially authorized orbital (2) That states there are unique and location, provided the application in- overriding public interest concerns cludes a signed certification that: that justify an extension, identifies (i) The space station operator has as- these interests and justifies a precise sessed and limited the probability of extension period (f) An application for the satellite becoming a source of de- modification of a space station license bris as a result of collisions with large to add an ancillary terrestrial compo- debris or other operational satellites at nent to an eligible satellite network the new orbital location; and will be treated as a request for a minor (ii) The proposed station-keeping vol- modification if the particulars of oper- ume of the satellite following reloca- ations provided by the applicant com- tion will not overlap a station-keeping ply with the criteria specified in volume reasonably expected to be occu- § 25.149. Notwithstanding the treatment pied by any other satellite, including of such an application as a minor modi- those authorized by the Commission, fication, the Commission shall place applied for and pending before the any initial application for the modi- Commission, or otherwise the subject fication of a space station license to of an ITU filing and either in orbit or add an ancillary terrestrial component progressing towards launch. on notice for public comment. Except (2) Repositioning one or more an- as provided for in § 25.149(f), no applica- tenna beams by no more than 0.3 angu- tion for authority to add an ancillary lar degrees from a line between the terrestrial component to an eligible space station and the initially author- satellite network shall be granted until ized boresight location(s). the applicant has demonstrated actual [56 FR 24016, May 28, 1991, as amended at 61 compliance with the criteria specified FR 9952, Mar. 12, 1996; 62 FR 5928, Feb. 10, in § 25.149(b). 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, (g) The licensee and grantees shall Aug. 12, 2003; 68 FR 51503, Aug. 27, 2003; 68 FR ensure compliance with the Commis- 62248, Nov. 3, 2003; 68 FR 63998, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, sion’s radio frequency exposure re- 2005; 72 FR 60279, Oct. 24, 2007; 78 FR 8421, quirements in §§ 1.1307(b), 2.1091, and Feb. 6, 2013; 81 FR 55328, Aug. 18, 2016; 85 FR 2.1093 of this chapter, as appropriate. 18150, Apr. 1, 2020; 85 FR 43733, July 20, 2020] An Environmental Assessment may be required if RF radiation from the pro- § 25.118 Modifications not requiring posed facilities would, in combination prior authorization. with radiation from other sources, (a) Earth station modifications, notifi- cause RF power density or field cation required. Earth station licensees strength in an accessible area to exceed may make the following modifications the applicable limits specified in without prior Commission authoriza- § 1.1310 of this chapter. See tion, provided they notify the Commis- § 1.1307(b)(5)(iii). sion, using FCC Form 312 and Schedule (h) Unless otherwise ordered by the B, within 30 days of the modification. Commission, an application for any of The notification must be filed elec- the following kinds of modification of tronically through the International the operation of a GSO space station Bureau Filing System (IBFS) in ac- will be deemed granted 35 days after cordance with the applicable provisions the date of the public notice that the of part 1, subpart Y of this chapter. application has been accepted for fil- (1) Blanket-licensed earth station op- ing, provided no objection is filed dur- erators may add remote terminals op- ing the 30-day notice period and the ap- erating on a primary basis without plication does not propose a change prior authorization, provided they have that would be inconsistent with a Com- complied with all applicable frequency mission rule or require modification of coordination procedures in accordance the BSS plan in Appendix 30 or the as- with § 25.251.

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(2) A licensee providing service on a tice to the Commission and any poten- private carrier basis may change its tially affected licensed spectrum user, operations to common carrier status provided that the operator meets the without obtaining prior Commission following requirements. The notifica- authorization. The licensee must no- tion must be filed electronically on tify the Commission using FCC Form FCC Form 312 through the Inter- 312 within 30 days after the completed national Bureau Filing System (IBFS) change to common carrier status. in accordance with the applicable pro- (3) An earth station operator may visions of part 1, subpart Y of this change a point of communication with- chapter: out prior authorization, provided the (1) The space station will be relo- operator does not repoint the earth cated to a position within ±0.15° of an station’s antenna beyond any coordi- orbital location assigned to the same nated range; and licensee. (i) The change results from a space (2) The licensee certifies that the station relocation described in para- space station will operate after the re- graph (e) of this section, or location within the technical param- (ii) The new point of communication eters authorized and coordinated for is a replacement GSO space station the space station previously assigned within ±0.15° of orbital longitude of the to that location. same location, with authority to serve (3) The licensee certifies that it will the U.S., and the change does not en- comply with all the conditions of its li- tail any increase in the earth station’s cense for operation at the changed lo- EIRP or EIRP density. cation. (4) Licensees may make other (4) The licensee certifies that it will changes to their authorized earth sta- limit operations of the space station to tions without prior authority from the tracking, telemetry, and command Commission, provided the modification functions during the relocation and does not involve: satellite drift transition period. (i) An increase in EIRP or EIRP den- (5) The licensee certifies that: sity (either main lobe or off-axis); (i) It has assessed and limited the (ii) Additional operating frequencies; probability of the satellite becoming a (iii) A change in polarization; source of debris as a result of collisions (iv) An increase in antenna height; with large debris or other operational (v) Antenna repointing beyond any satellites at the new orbital location; coordinated range or and (vi) A change from the originally au- (ii) The proposed station-keeping vol- thorized coordinates of more than 1 ume of the satellite following reloca- second in latitude or longitude for station will not overlap a station-keeping tions operating in frequency bands volume reasonably expected to be occu- shared with terrestrial systems or pied by any other satellite, including more than 10 seconds of latitude or lon- those authorized by the Commission, gitude for stations operating in fre- applied for and pending before the quency bands not shared with terres- Commission, or otherwise the subject trial systems. of an ITU filing and either in orbit or (b) Earth station modifications, notifi- progressing towards launch. cation not required. Notwithstanding (6) The licensee certifies that the re- paragraph (a) of this section, equip- location will not result in a lapse of ment in an authorized earth station service for any current customer. may be replaced without prior author- (7) If the space station to be relo- ization and without notifying the Com- cated is a DBS space station, the li- mission if the new equipment is elec- censee certifies that there will be no trically identical to the existing equip- increase in interference due to the op- ment. erations of the relocated space station (c)–(d) [Reserved] that would require the Commission to (e) Relocation of GSO space stations. A submit a proposed modification to the space station licensee may relocate a ITU Appendix 30 Broadcasting-Sat- GSO space station without prior au- ellite Service Plan and/or the Appendix thorization, but upon 30 days prior no- 30A feeder-link Plan (both incorporated

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by reference, see § 25.108) to the ITU tarily or involuntarily, directly or in- Radiocommunication Bureau. A DBS directly, or by transfer of control of licensee that meets this certification any corporation or any other entity) requirement is not subject to the re- your construction permit or station li- quirements in paragraph (e)(2) of this cense, or accompanying rights, except section. as provided in paragraph (h) of this sec- (8) If the space station to be relo- tion. The Commission will grant your cated is a DBS space station, the li- application only if it finds that doing censee certifies that it will meet the so will serve the public interest, con- geographic service requirements in venience, and necessity. § 25.148(c) after the relocation. (b) For purposes of this section, (f) Repositioning of NGSO space sta- transfers of control requiring Commis- tions. A licensee may reposition NGSO sion approval shall include any and all space stations within an authorized or- transactions that: bital plane without prior Commission (1) Change the party controlling the approval, provided the licensee notifies affairs of the licensee, or the Commission of the repositioning 10 (2) Effect any change in a controlling days in advance by electronic filing on interest in the ownership of the li- Form 312 in the International Bureau censee, including changes in legal or Filing System. The notification must equitable ownership. specify all changes in previously au- (c) Assignment of license. You must thorized parameters and must certify submit an FCC Form 312, Main Form the following: and Schedule A to voluntarily assign (1) The licensee will continue to com- (e.g., as by contract or other agree- ply with the conditions of the space ment) or involuntarily assign (e.g., as station license and all applicable Com- by death, bankruptcy, or legal dis- mission rules, including geographic ability) your station authorization. coverage requirements, after the repo- You must file these forms electroni- sitioning; cally through IBFS. (2) The repositioning will not in- (d) Transfer of control of corporation crease risk of harmful interference to holding license. If you want to transfer other systems not permitted by coordi- control of a corporation, which holds nation agreements; one or more licenses voluntarily or in- (3) The licensee will not request involuntarily (de jure or de facto), you creased interference protection because must submit an FCC Form 312, Main of the repositioning; Form and Schedule A. You must file (4) The licensee will monitor colli- these forms electronically through sion risk during the maneuver and take IBFS. For involuntary transfers, you any necessary evasive measures. must file your application within 10 (5) Any change of orbital altitude en- days of the event causing the transfer tailed by the repositioning will not ex- of control. You can also use FCC Form ceed 10 kilometers in extent or 30 days 312, Main Form and Schedule A for in duration and the licensee has noti- non-substantial (pro forma) transfers of fied, or will notify, the operator(s) of control. any satellite within 20 kilometers of (e) Whenever a group of station li- the interim orbit at least 10 days be- censes in the same radio service for the fore commencing the repositioning ma- same class of facility licensed to the neuver. same entity is to be assigned or transferred to a single assignee or trans- [62 FR 5928, Feb. 10, 1997, as amended at 68 FR 62248, Nov. 3, 2003; 68 FR 63999, Nov. 12, feree, a single application may be filed 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, to cover the entire group, if the appli- June 2, 2005; 79 FR 8317, Feb. 12, 2014; 81 FR cation identifies in an exhibit each sta- 55329, Aug. 18, 2016] tion by call sign, station location and expiration date of license. § 25.119 Assignment or transfer of con- (f) Assignments and transfers of control of station authorization. trol shall be completed within 180 days (a) You must file an application for from the date of authorization. Within Commission authorization before you 30 days of consummation, the Commis- can transfer, assign, dispose of (volun- sion shall be notified by letter of the

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date of consummation and the file no later than 30 days after the transfer numbers of the applications involved in or assignment is completed. No notifi- the transaction. cation is required for a pro forma trans- (g) The Commission retains discre- fer of control of a receive-only earth tion in reviewing assignments and station registrant. transfers of control of space station licenses to determine whether the initial [56 FR 24016, May 20, 1991; 56 FR 29757, June license was obtained in good faith with 20, 1991. Redesignated and amended at 62 FR 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, the intent to construct a satellite sys- 2003; 69 FR 29901, May 26, 2004; 78 FR 8421, tem. Feb. 6, 2013; 79 FR 51264, Aug. 28, 2014; 81 FR (h) Pro forma transactions involving a 55329, Aug. 18, 2016] telecommunications carrier. You do not need prior Commission approval for a § 25.120 Application for special tem- non-substantial (pro forma) transfer of porary authorization. control or assignment of license in- (a) In circumstances requiring imme- volving a telecommunications carrier, diate or temporary use of facilities, re- as defined in 47 U.S.C. 153(51). However, quest may be made for special tem- the pro forma transferee or assignee porary authority to install and/or oper- must file a notification with the Com- ate new or modified equipment. The re- mission no later than 30 days after the quest must contain the full particulars transfer or assignment is completed. of the proposed operation including all The notification must be filed on FCC facts sufficient to justify the tem- Form 312, Main Form and Schedule A porary authority sought and the public and must contain a certification that interest therein. No request for tem- the transfer of control or assignment porary authority will be considered un- was pro forma and that, together with less it is received by the Commission at all previous pro forma transactions, it least 3 working days prior to the date did not result in a change in the actual of proposed construction or operation controlling party. or, where an extension is sought, the (i) Pro forma transactions not involving expiration date of the existing tem- a telecommunications carrier. A complete porary authorization. A request re- application for Commission approval of ceived within less than 3 working days a non-substantial (pro forma) transfer of control or assignment of license not may be accepted only upon due show- involving a telecommunications car- ing of extraordinary reasons for the rier, as defined in 47 U.S.C. 153(51), will delay in submitting the request which be deemed granted one business day could not have been earlier foreseen by after filing, provided that: the applicant. A copy of the request for (1) Approval does not require a waiv- special temporary authority also shall er of, or a declaratory ruling per- be forwarded to the Commission’s Co- taining to, any applicable Commission lumbia Operations Center, 9200 Farm rule; and House Lane, Columbia, MD 21046–1609. (2) The application includes a certifi- (b)(1) The Commission may grant a cation that the proposed transfer of temporary authorization only upon a control or assignment is pro forma and finding that there are extraordinary that, together with all previous pro circumstances requiring temporary op- forma transactions, it would not result erations in the public interest and that in a change in the actual controlling delay in the institution of these tem- party. porary operations would seriously prej- (j) Receive-only earth station registra- udice the public interest. Convenience tions. You do not need prior Commis- to the applicant, such as marketing sion approval for a transfer of control considerations or meeting scheduled or assignment of a receive-only earth customer in-service dates, will not be station registration. For all such deemed sufficient for this purpose. transactions other than non-substan- (2) The Commission may grant a tem- tial (pro forma) transfers of control, the porary authorization for a period not transferee or assignee must file a noti- to exceed 180 days, with additional pe- fication with the Commission on FCC riods not exceeding 180 days, if the Form 312, Main Form and Schedule A Commission has placed the special

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temporary authority (STA) request on censes for which the application was public notice. filed pursuant to §§ 25.122 and 25.123, li- (3) The Commission may grant a tem- censes for facilities governed by this porary authorization for a period not part will be issued for a period of 15 to exceed 60 days, if the STA request years. has not been placed on public notice, (2) Licenses for DBS space stations and the applicant plans to file a re- and 17/24 GHz BSS space stations li- quest for regular authority for the censed as broadcast facilities, and for service. SDARS space stations and terrestrial (4) The Commission may grant a tem- repeaters, will be issued for a period of porary authorization for a period not 8 years. Licenses for DBS space sta- to exceed 30 days, if the STA request tions not licensed as broadcast facili- has not been placed on public notice, ties will be issued for a period of 10 and an application for regular author- years. ity is not contemplated. (3) Licenses for which the application (c) Each application proposing con- was filed pursuant to § 25.122 or § 25.123 struction of one or more earth station will be issued for a period of 6 years, antennas or alteration of the overall without the possibility of extension or height of one or more existing earth replacement authorization. station antenna structures, where FAA (b) The Commission reserves the notification prior to such construction right to grant or renew station licenses or alteration is required by part 17 of for less than 15 years if, in its judg- this chapter, must include the FCC An- ment, the public interest, convenience tenna Structure Registration Num- and necessity will be served by such ac- ber(s) for the affected satellite earth tion. station antenna(s). If no such number (c) For earth stations, the license has been assigned at the time the ap- term will be specified in the instru- plication(s) is filed, the applicant must ment of authorization. state in the application whether the (d) Space stations. (1) For geo- satellite earth station antenna owner stationary-orbit space stations, the li- has notified the FAA of the proposed cense term will begin at 3 a.m. Eastern construction or alteration and applied Time on the date when the licensee no- to the FCC for an Antenna Structure tifies the Commission pursuant to Registration Number in accordance § 25.173(b) that the space station has with part 17 of this chapter. Applica- been successfully placed into orbit at tions proposing construction of one or its assigned orbital location and that more earth station antennas or alter- its operations conform to the terms ation of the overall height of one or and conditions of the space station au- more existing earth station antennas, thorization. where FAA notification prior to such (2) For non-geostationary orbit space construction or alteration is not re- stations, except for those granted quired by part 17 of this chapter, must under § 25.122 or § 25.123, the license pe- indicate such and, unless the satellite riod will begin at 3 a.m. Eastern Time earth station antenna is 6.10 meters or on the date when the licensee notifies less above ground level (AGL), must the Commission pursuant to § 25.173(b) contain a statement explaining why that operation of an initial space sta- FAA notification is not required. tion is compliant with the license [56 FR 24016, May 28, 1991, as amended at 61 terms and conditions and that the FR 4367, Feb. 6, 1996. Redesignated and space station has been placed in its au- amended at 62 FR 5928, 5929, Feb. 10, 1997; 66 thorized orbit. Operating authority for FR 9973, Feb. 13, 2001; 68 FR 51503, Aug. 27, all space stations subsequently brought 2003] into service pursuant to the license will terminate upon its expiration. § 25.121 License term and renewals. (3) For non-geostationary orbit space (a) License Term. (1) Except for li- stations granted under § 25.122 or censes for DBS space stations, SDARS § 25.123, the license period will begin at space stations and terrestrial repeat- 3 a.m. Eastern Time on the date when ers, 17/24 GHz BSS space stations li- the licensee notifies the Commission censed as broadcast facilities, and li- pursuant to § 25.173(b) that operation of

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an initial space station is compliant (iv) A certification that remaining fuel re- with the license terms and conditions serves are adequate to complete de-orbit as and that the space station has been planned; and (v) A certification that telemetry, track- placed in its authorized orbit and has ing, and command links are fully functional. begun operating. Operating authority for all space stations subsequently § 25.122 Applications for streamlined brought into service pursuant to the li- small space station authorization. cense will terminate upon its expira- (a) This section shall only apply to tion. applicants for NGSO systems that are (e) Renewal of licenses. Applications able to certify compliance with the for renewals of earth station licenses certifications set forth in paragraph (c) must be submitted on FCC Form 312R of this section. For applicants seeking no earlier than 90 days, and no later to be authorized under this section, a than 30 days, before the expiration date comprehensive proposal for Commis- of the license. Applications for space sion evaluation must be submitted for station system replacement authoriza- each space station in the proposed sys- tion for non-geostationary orbit sat- tem on FCC Form 312, Main Form and ellites shall be filed no earlier than 90 Schedule S, as described in § 25.114(a) days, and no later than 30 days, prior through (c), together with the certifi- to the end of the twelfth year of the ex- cations described in paragraph (c) of isting license term. this section and the narrative require- [56 FR 24016, May 28, 1991, as amended at 58 ments described in paragraph (d) of FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, this section. 1994. Redesignated and amended at 62 FR (b) Applications for NGSO systems 5928, 5929, Feb. 10, 1997; 65 FR 59142, Oct. 4, may be filed under this section, pro- 2000; 67 FR 12485, Mar. 19, 2002; 67 FR 51113, vided that the total number of space Aug. 7, 2002; 68 FR 51503, Aug. 27, 2003; 68 FR stations requested in the application is 63999, Nov. 12, 2003; 72 FR 50027, Aug. 29, 2007; ten or fewer. 75 FR 45067, Aug. 2, 2010; 79 FR 8317, Feb. 12, 2014; 85 FR 43733, July 20, 2020] (1) To the extent that space stations in the satellite system will be tech- EFFECTIVE DATE NOTE: At 85 FR 52451, Aug. nically identical, the applicant may 25, 2020, § 25.121 was amended by adding para- submit an application for blanket-li- graph (f). This amendment contains information collection and recordkeeping require- censed space stations. ments and will not become effective until ap- (2) Where the space stations in the proval has been given by the Office of Man- satellite system are not technically agement and Budget. For the convenience of identical, the applicant must certify the user, the added text is set forth below: that each space station satisfies the criteria in paragraph (c) of this section, § 25.121 License term and renewals. and submit technical information for each type of space station. * * * * * (c) Applicants filing for authoriza- (f) Geostationary Satellite License Term Ex- tion under the streamlined procedure tensions. (1) For geostationary space stations described in this section must include issued an initial license term for a period of with their applications certifications 15 years, licensees may apply for a modifica- that the following criteria will be met tion to extend the license term in incre- for all space stations to be operated ments of five years or less. (2) Geostationary space station licensees under the license: seeking a license term extension through a (1) The space station(s) will operate license modification application must pro- only in non-geostationary orbit; vide a statement that includes the following: (2) The total in-orbit lifetime for any (i) The requested duration of the license individual space station will be six extension; years or less; (ii) The estimated total remaining space (3) The space station(s): station lifetime; (i) Will be deployed at an orbital alti- (iii) A description of any single points of tude of 600 km or below; or failure or other malfunctions, defects, or anomalies during the space station operation (ii) Will maintain a propulsion sys- that could affect its ability to conduct end- tem and have the ability to make colli- of-life procedures as planned, and an assess- sion avoidance and deorbit maneuvers ment of the associated risk; using propulsion;

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(4) Each space station will be identi- (3) A description of means by which fiable by a unique signal-based telem- requested spectrum could be shared etry marker distinguishing it from with both current and future operators, other space stations or space objects; (e.g., how ephemeris data will be (5) The space station(s) will release shared, antenna design, earth station no operational debris; geographic locations) thereby not ma- (6) The space station operator has as- terially constraining other operations sessed and limited the probability of in the requested frequency band(s); accidental explosions, including those (4) For space stations with any resulting from the conversion of energy means of maneuverability, including sources on board the space station(s) both active and passive means, a de- into energy that fragments the space- scription of the design and operation of craft; maneuverability and deorbit systems, (7) The probability of a collision be- and a description of the anticipated tween each space station and any other evolution over time of the orbit of the large object (10 centimeters or larger) proposed satellite or satellites; and during the orbital lifetime of the space (5) In any instances where spacecraft station is 0.001 or less as calculated capable of having crew aboard will be using current National Aeronautics located at or below the deployment or- and Space Administration (NASA) soft- bital altitude of the space station seek- ware or other higher fidelity model; ing a license, a description of the de- (8) The space station(s) will be dis- sign and operational strategies that posed of post-mission through atmos- will be used to avoid in-orbit collision pheric re-entry. The probability of with such crewed spacecraft shall be human casualty from portions of the furnished at time of application. This spacecraft surviving re-entry and narrative requirement will not apply to reaching the surface of the Earth is space stations that will operate beyond zero as calculated using current NASA Earth’s orbit. software or higher fidelity models; (6) A list of the FCC file numbers or (9) Operation of the space station(s) call signs for any known applications will be compatible with existing oper- or Commission grants related to the ations in the authorized frequency proposed operations (e.g., experimental band(s). Operations will not materially license grants, other space station or constrain future space station entrants earth station applications or grants). from using the authorized frequency band(s); [85 FR 43734, July 20, 2020] (10) The space station(s) can be com- EFFECTIVE DATE NOTE: At 85 FR 52452, Aug. manded by command originating from 25, 2020, § 25.122 was amended by revising the ground to immediately cease trans- paragraphs (c) and (d). This amendment con- missions and the licensee will have the tains information collection and recordkeeping requirements and will not become capability to eliminate harmful inter- effective until approval has been given by ference when required under the terms the Office of Management and Budget. For of the license or other applicable regu- the convenience of the user, the revised text lations; is set forth below: (11) Each space station is 10 cm or larger in its smallest dimension; and § 25.122 Applications for streamlined small space station authorization. (12) Each space station will have a mass of 180 kg or less, including any propellant. * * * * * (d) The following information in nar- (c) Applicants filing for authorization rative form shall be contained in each under the streamlined procedure described in application: this section must include with their applica- (1) An overall description of system tions certifications that the following cri- facilities, operations, and services and teria will be met for all space stations to be operated under the license: an explanation of how uplink frequency (1) The space station(s) will operate only in bands would be connected to downlink non-geostationary orbit; frequency bands; (2) The total in-orbit lifetime for any indi- (2) Public interest considerations in vidual space station will be six years or less; support of grant; (3) The space station(s):

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(i) Will be deployed at an orbital altitude (d) The following information in narrative of 600 km or below; or form shall be contained in each application: (ii) Will maintain a propulsion system and (1) An overall description of system facili- have the ability to make collision avoidance ties, operations, and services and an expla- and deorbit maneuvers using propulsion; nation of how uplink frequency bands would (4) Each space station will be identifiable be connected to downlink frequency bands; by a unique signal-based telemetry marker (2) Public interest considerations in sup- distinguishing it from other space stations port of grant; or space objects; (3) A description of means by which re- (5) The space station(s) will release no quested spectrum could be shared with both operational debris; current and future operators, (e.g., how (6) The space station operator has assessed ephemeris data will be shared, antenna de- and limited the probability of accidental ex- sign, earth station geographic locations) plosions, including those resulting from the thereby not materially constraining other conversion of energy sources on board the operations in the requested frequency space station(s) into energy that fragments band(s); the spacecraft; (4) If at any time during the space station(s)’ mission or de-orbit phase the space (7) The probability of a collision between station(s) will transit through the orbits each space station and any other large object used by any inhabitable spacecraft, including (10 centimeters or larger) during the orbital the International Space Station, a descrip- lifetime of the space station is 0.001 or less as tion of the design and operational strategies, calculated using current National Aero- if any, that will be used to minimize the risk nautics and Space Administration (NASA) of collision and avoid posing any operational software or other higher fidelity model; constraints to the inhabitable spacecraft (8) The space station(s) will be disposed of shall be furnished at the time of application; post-mission through atmospheric re-entry. (5) A statement identifying characteristics The probability of human casualty from por- of the space station(s)’ orbits that may tions of the spacecraft surviving re-entry present a collision risk, including any and reaching the surface of the Earth is zero planned and/or operational space stations in as calculated using current NASA software those orbits, and indicating what steps, if or higher fidelity models; any, have been taken to coordinate with the (9) Operation of the space station(s) will be other spacecraft or system, or what other compatible with existing operations in the measures the licensee plans to use to avoid authorized frequency band(s). Operations collision; will not materially constrain future space (6) A statement disclosing how the licensee station entrants from using the authorized or operator plans to identify the space sta- frequency band(s); tion(s) following deployment and whether (10) The space station(s) can be commanded space station tracking will be active or pas- by command originating from the ground to sive; whether the space station(s) will be reg- immediately cease transmissions and the li- istered with the 18th Space Control Squad- censee will have the capability to eliminate ron or successor entity prior to deployment; harmful interference when required under and the extent to which the space station li- the terms of the license or other applicable censee or operator plans to share informa- regulations; tion regarding initial deployment, ephem- (11) Each space station is 10 cm or larger in eris, and/or planned maneuvers with the 18th its smallest dimension; Space Control Squadron or successor entity, (12) Each space station will have a mass of other entities that engage in space situa- 180 kg or less, including any propellant; tional awareness or space traffic manage- (13) The probability that any individual ment functions, and/or other operators; space station will become a source of debris (7) A description of the design and oper- by collision with small debris or meteoroids ation of maneuverability and deorbit sys- that would cause loss of control and prevent tems, if any, and a description of the antici- disposal is 0.01 (1 in 100) or less; and pated evolution over time of the orbit of the (14) Upon receipt of a space situational proposed satellite or satellites; awareness conjunction warning, the licensee (8) If there are planned proximity oper- or operator will review and take all possible ations, a statement disclosing those planned steps to assess the collision risk, and will operations, and addressing debris generation mitigate the collision risk if necessary. As that will or may result from the proposed op- appropriate, steps to assess and mitigate the erations, including any planned release of collision risk should include, but are not debris, the risk of accidental explosions, the limited to: Contacting the operator of any risk of accidental collision, and measures active spacecraft involved in such a warning; taken to mitigate those risks; sharing ephemeris data and other appro- (9) A demonstration that the probability of priate operational information with any success of disposal is 0.9 or greater for any such operator; and modifying space station individual space station. Space stations de- attitude and/or operations. ployed to orbits in which atmospheric drag

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will, in the event of a space station failure, rent NASA software or higher fidelity limit the lifetime of the space station to less models; than 25 years do not need to provide this ad- (7) Operation of the space station(s) ditional demonstration; and will be compatible with existing oper- (10) A list of the FCC file numbers or call ations in the authorized frequency signs for any known applications or Commis- band(s). Operations will not materially sion grants related to the proposed operations (e.g., experimental license grants, constrain future space station entrants other space station or earth station applica- from using the authorized frequency tions or grants). band(s); (8) The space station(s) can be com- § 25.123 Applications for streamlined manded by command originating from small spacecraft authorization. the ground to immediately cease trans- (a) This section shall only apply to missions and the licensee will have the applicants for space stations that will capability to eliminate harmful interference when required under the terms operate beyond Earth’s orbit and that of the license or other applicable regu- are able to certify compliance with the lations; certifications set forth in paragraph (b) (9) Each space station is 10 cm or of this section. For applicants seeking larger in its smallest dimension; and to be authorized under this section, a (10) Each space station will have a comprehensive proposal for Commis- mass of 500 kg or less, including any sion evaluation must be submitted for propellant. each space station in the proposed sys- (c) Applicants must also provide the tem on FCC Form 312, Main Form and information specified in § 25.122(d) in Schedule S, as described in § 25.114(a) narrative form. through (c), together with the certifications described in paragraph (b) of [85 FR 43734, July 20, 2020] this section and the requirements de- EFFECTIVE DATE NOTE: At 85 FR 52452, Aug. scribed in paragraph (c) of this section. 25, 2020, § 25.123 was amended by adding para- (b) Applicants filing for authoriza- graph (b)(11). This amendment contains in- tion under the streamlined procedure formation collection and recordkeeping requirements and will not become effective described in this section must include until approval has been given by the Office of with their applications certifications Management and Budget. For the conven- that the following criteria will be met ience of the user, the added text is set forth for all space stations to be operated below: under the license: § 25.123 Applications for streamlined small (1) The space station(s) will operate spacecraft authorization. and be disposed of beyond Earth’s orbit; * * * * * (2) The total lifetime from deployment to spacecraft end-of-life for any (b) * * * individual space station will be six (11) Upon receipt of a space situational awareness conjunction warning, the operator years or less; will review and take all possible steps to as- (3) Each space station will be identi- sess the collision risk, and will mitigate the fiable by a unique signal-based telem- collision risk if necessary. As appropriate, etry marker distinguishing it from steps to assess and mitigate the collision other space stations or space objects; risk should include, but are not limited to: (4) The space station(s) will release Contacting the operator of any active spacecraft involved in such a warning; sharing no operational debris; ephemeris data and other appropriate oper- (5) No debris will be generated in an ational information with any such operator; accidental explosion resulting from the and modifying space station attitude and/or conversion of energy sources on board operations. the space station(s) into energy that fragments the spacecraft; * * * * * (6) The probability of a collision between each space station and any other § 25.129 Equipment authorization for large object (10 centimeters or larger) portable earth-station transceivers. during the lifetime of the space station (a) Except as expressly permitted by is 0.001 or less as calculated using cur- § 2.803 or § 2.1204 of this chapter, prior

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authorization must be obtained pursu- an FCC license or order reserving spec- ant to the equipment certification pro- trum. cedure in part 2, subpart J of this chap- [69 FR 5709, Feb. 6, 2004, as amended at 79 FR ter for importation, sale or lease in the 8317, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016; United States, or offer, shipment, or 84 FR 53654, Oct. 8, 2019; 85 FR 18150, Apr. 1, distribution for sale or lease in the 2020] United States of portable earth-station transceivers subject to regulation EARTH STATIONS under part 25. This requirement does §§ 25.130–25.131 [Reserved] not apply, however, to devices im- ported, sold, leased, or offered, shipped, § 25.132 Verification of earth station or distributed for sale or lease before antenna performance. November 20, 2004. (a)(1) Except as provided in para- (b) For purposes of this section, an graph (a)(2) of this section, applica- earth-station transceiver is portable if tions for transmitting earth stations in it is a ‘‘portable device’’ as defined in the FSS, including feeder-link sta- § 2.1093(b) of this chapter, i.e., if its ra- tions, must include a certification that diating structure(s) would be within 20 the applicant has reviewed the results centimeters of the operator’s body of a series of radiation pattern tests when the transceiver is in operation. performed by the antenna manufac- (c) In addition to the information re- turer on representative equipment in quired by § 2.1033(c) of this chapter, ap- representative configurations, and the test results demonstrate that the plicants for certification required by equipment meets relevant off-axis gain this section shall submit any addi- standards in § 25.209, measured in ac- tional equipment test data necessary cordance with paragraph (b)(1) of this to demonstrate compliance with perti- section. Applicants and licensees must nent standards for transmitter per- be prepared to submit the radiation formance prescribed in §§ 25.138, pattern measurements to the Commis- 25.202(f), 25.204, 25.209, and 25.216, must sion on request. demonstrate compliance with the la- (2) Applicants that specify off-axis beling requirement in § 25.285(b), and EIRP density pursuant to § 25.115(g)(1) shall ensure compliance with the Com- are exempt from the certification re- mission’s radio frequency exposure requirement in paragraph (a)(1) of this quirements in §§ 1.1307(b), 2.1091, and section. 2.1093 of this chapter, as appropriate. (b)(1) For purposes of paragraph (a)(1) An Environmental Assessment may be of this section and § 25.115(g)(1), the fol- required if RF radiation from the pro- lowing measurements on a production posed facilities would, in combination antenna performed on calibrated an- with radiation from other sources, tenna range must be made at the top cause RF power density or field and bottom of each frequency band as- strength in an accessible area to exceed signed for uplink transmission: the applicable limits specified in (i)(A) Co-polarized gain in the azi- § 1.1310 of this chapter. Applications for muth plane must be measured across a ° equipment authorization of mobile or range extending to 180 on each side of the main-lobe axis, and the measure- portable devices operating under this ments must be represented in two section must contain a statement con- plots: one across the entire angular firming compliance with these require- range of ±180° from the main-lobe axis ments. Technical information showing and the other across ±10° from the the basis for this statement must be main-lobe axis. submitted to the Commission upon re- (B) Co-polarized gain must be meas- quest. ured from 0° to 30° from beam peak in (d) Applicants for certification re- the elevation plane. quired by this section must submit evi- (ii) Cross-polarization gain must be dence that the devices in question are measured across a range of plus and designed for use with a satellite system minus 7° from beam peak in the azi- that may lawfully provide service to muth and elevation planes. users in the United States pursuant to (iii) Main beam gain.

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(iv) For antennas with asymmetric (f) Antennas less than 3 meters in di- apertures or beams, where the minor ameter and antennas on simple (man- axis of the antenna beam (major axis of ual) drive mounts that are operated at the antenna aperture) will not always a fixed site are exempt from the re- be aligned parallel to the plane tangent quirements of paragraphs (c) and (d) of to the GSO arc, the measurements in this section provided that a detailed paragraphs (b)(1)(i) through (iii) of this technical showing is made that con- section must be made over the angular firms proper installation, pointing pro- ranges specified in paragraphs cedures, and polarization alignment (b)(1)(i)(A) and (B) of this section in and manufacturing quality control. two orthogonal planes, with the an- These showing must also include a plan tenna oriented at the maximum skew for periodic testing and field installa- angle at which it will operate. tion procedures and precautions. (2) The relevant envelope specified in (g) Records of the results of the tests § 25.209 must be superimposed on each required by this section must be main- measured pattern. tained at the antenna site or the earth (c) The tests specified in paragraph station operator’s control center and (b) of this section are normally per- be available for inspection. formed at the manufacturer’s facility; [58 FR 13419, Mar. 11, 1993, as amended at 69 but for those antennas that are very FR 5710, Feb. 6, 2004; 70 FR 32253, June 2, 2005; large and only assembled on-site, on- 72 FR 50028, Aug. 29, 2007; 74 FR 47102, Sept. site measurements may be used for 15, 2009; 74 FR 57098, Nov. 4, 2009; 78 FR 14926, product qualification data. If on-site Mar. 8, 2013; 79 FR 8318, Feb. 12, 2014; 81 FR data is to be used for qualification, the 55330, Aug. 18, 2016; 84 FR 53654, Oct. 8, 2019] test frequencies and number of patterns should follow, where possible, the § 25.133 Period of construction; certifi- recommendations in paragraph (b) of cation of commencement of oper- this section, and the test data is to be ation. submitted in the same manner as de- (a)(1) Each initial license for an earth scribed in paragraph (a) of this section. station governed by this part, except (d) For each new or modified trans- for blanket licenses, will specify as a mitting antenna over 3 meters in di- condition therein the period in which ameter, the following on-site construction of facilities must be com- verification measurements must be pleted and station operation com- completed at one frequency on an menced. Construction of the earth sta- available transponder in each fre- tion must be completed and the station quency band of interest and submitted must be brought into operation within to the Commission. 12 months from the date of the license (1) Co-polarized patterns in the ele- grant except as may be determined by vation plane, plus and minus 7 degrees, the Commission for any particular ap- in the transmit band. plication. (2) Co-polarized patterns in the azi- (2) Operation of a network of earth muth and elevation planes, plus and stations at unspecified locations under minus 7 degrees, in the receive band. an initial blanket license must com- (3) System cross-polarization discrimina- mence within 12 months from the date tion on-axis. The FCC envelope specified of the license grant unless the Commis- in § 25.209 shall be superimposed on sion orders otherwise. each pattern. The transmit patterns (b)(1) Each initial license for a trans- are to be measured with the aid of a co- mitting earth station or modified li- operating earth station in coordination cense authorizing operation of an addi- with the satellite system control cen- tional transmitting antenna, except for ter under the provisions of § 25.272. blanket licenses, will also specify as a (e) Certification that the tests re- condition therein that upon completion quired by paragraph (c) of this section of construction, the licensee must file have been satisfactorily performed with the Commission a certification shall be provided to the Commission in containing the following information: notification that construction of the (i) The name of the licensee; facilities has been completed as re- (ii) File number of the application; quired by § 25.133. (iii) Call sign of the antenna;

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(iv) Date of the license; service shall demonstrate that trans- (v) A certification that the facility as ceiver operations will not cause unac- authorized has been completed and ceptable interference to other author- that each antenna has been tested and ized users of the spectrum, based on ex- found to perform within authorized isting system information publicly gain patterns or off-axis EIRP density available at the Commission at the levels; and time of filing, and will comply with (vi) The date when the earth station operational conditions placed upon the became operational. systems with which they are to operate (vii) A statement that the station in accordance with § 25.142(b). This will remain operational during the li- demonstration shall include a showing cense period unless the license is sub- as to all the technical parameters, in- mitted for cancellation. cluding duty cycle and power limits, (2) For FSS earth stations authorized under which the individual user under a blanket license, the licensee transceivers will operate. must notify the Commission when the (b) [Reserved] earth station network commences op- (c) Transceiver units in this service eration. The notification should in- are authorized to communicate with clude the information described in and through U.S.-authorized space sta- paragraphs (b)(1)(i) through (iv) of this tions only. section and a certification that each hub antenna, and a type of antenna [58 FR 68059, Dec. 23, 1993, as amended at 69 used in remote stations in the network, FR 5710, Feb. 6, 2004; 79 FR 8319, Feb. 12, 2014] has been tested and found to perform § 25.136 Earth Stations in the 24.75– within authorized gain patterns or off- 25.25 GHz, 27.5–28.35 GHz, 37.5–40 axis EIRP density levels. For any type GHz, 47.2–48.2, GHz and 50.4–51.4 of antenna whose performance was not GHz bands. certified when the network commenced (a) FSS is secondary to the Upper operation, the licensee must submit Microwave Flexible Use Service in the the information and certification stat- 27.5–28.35 GHz band. Notwithstanding ed above for the antenna type when it that secondary status, an applicant for is first deployed. a license for a transmitting earth sta- (c) [Reserved] tion in the 27.5–28.35 GHz band that (d) Each receiving earth station li- meets one of the following criteria may censed or registered pursuant to be authorized to operate without pro- § 25.115(b) must be constructed and viding interference protection to sta- placed into service within 6 months tions in the Upper Microwave Flexible after coordination has been completed. Use Service: Each licensee or registrant must file (1) The FSS licensee also holds the with the Commission a certification relevant Upper Microwave Flexible Use that the facility is completed and oper- Service license(s) for the area in which ating as provided in paragraph (b) of the earth station generates a power this section, with the exception of cer- flux density (PFD), at 10 meters above tification of antenna patterns. ground level, of greater than or equal [56 FR 24016, May 28, 1991, as amended at 58 to ¥77.6 dBm/m2/MHz; FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, (2) The FSS earth station was au- 1994; 65 FR 59142, Oct. 4, 2000; 70 FR 32254, thorized prior to July 14, 2016; or June 2, 2005; 78 FR 8421, Feb. 6, 2013; 79 FR (3) The application for the FSS earth 8318, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016; station was filed prior to July 14, 2016 84 FR 53654, Oct. 8, 2019] and has been subsequently granted; or § 25.134 [Reserved] (4) The applicant demonstrates compliance with all of the following cri- § 25.135 Licensing provisions for earth teria in its application: station networks in the non-voice, (i) There are no more than two other non-geostationary Mobile-Satellite authorized earth stations operating in Service. the 27.5–28.35 GHz band within the (a) Each applicant for a blanket county where the proposed earth sta- earth station license in the non-voice, tion is located that meet the criteria non-geostationary mobile-satellite contained in either paragraph (a)(1),

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(2), (3), or (4) of this section. For pur- of greater than or equal to ¥77.6 dBm/ poses of this requirement, multiple m2/MHz with respect to existing facili- earth stations that are collocated with ties constructed and in operation by or at a location contiguous to each the UMFUS licensee. In coordinating other shall be considered as one earth with UMFUS licensees, the applicant station; shall use the applicable processes con- (ii) The area in which the earth sta- tained in § 101.103(d) of this chapter. tion generates a PFD, at 10 meters (b) Applications for earth stations in above ground level, of greater than or the 37.5–40 GHz band shall provide an equal to ¥77.6 dBm/m2/MHz, together exhibit describing the zone within with the similar area of any other which the earth station will require earth station authorized pursuant to paragraph (a) of this section, does not protection from transmissions of Upper cover, in the aggregate, more than the Microwave Flexible Use Service licens- amount of population of the UMFUS li- ees. For purposes of this rule, the pro- cense area within which the earth sta- tection zone shall consist of the area tion is located as noted in table 1 to where UMFUS licensees may not locate this paragraph (a)(4)(ii): facilities without the consent of the earth station licensee. The earth sta- TABLE 1 TO PARAGRAPH (a)(4)(ii) tion applicant shall demonstrate in its application, using reasonable engineer- Maximum permitted aggre- Population within UMFUS li- gate population ing methods, that the requested protec- within ¥77.6 dBm/m2/MHz cense area PFD contour tion zone is necessary in order to proof earth stations tect its proposed earth station.

Greater than 450,000 ...... 0.1 percent of population in (c) The protection zone (as defined in UMFUS license area. paragraph (b) of this section) shall Between 6,000 and 450,000 450 people. comply with the following criteria. The Fewer than 6,000 ...... 7.5 percent of population in UMFUS license area. applicant must demonstrate compliance with all of the following criteria (iii) The area in which the earth sta- in its application: tion generates a PFD, at 10 meters (1) There are no more than two other above ground level, of greater than or authorized earth stations operating in equal to ¥77.6 dBm/m2/MHz does not the 37.5–40 GHz band within the county contain any major event venue, urban within which the proposed earth sta- mass transit route, passenger railroad, tion is located that meet the criteria or cruise ship port. In addition, the contained in paragraph (c) of this sec- area mentioned in paragraph (a)(4)(ii) tion, and there are no more than 14 of this section shall not cross any of other authorized earth stations oper- the following types of roads, as defined ating in the 37.5–40 GHz band within in functional classification guidelines the PEA within which the proposed issued by the Federal Highway Admin- earth station is located that meet the istration pursuant to 23 CFR 470.105(b): Interstate, Other Freeways and Ex- criteria contained in paragraph (c) of pressways, or Other Principal Arterial. this section. For purposes of this re- The Federal Highway Administration quirement, multiple earth stations Office of Planning, Environment, and that are collocated with or at a loca- Realty Executive Geographic Informa- tion contiguous to each other shall be tion System (HEPGIS) map contains considered as one earth station; information on the classification of (2) The protection zone, together roads. For purposes of this rule, an with the protection zone of other earth urban area shall be an Adjusted Urban stations in the same PEA authorized Area as defined in section 101(a)(37) of pursuant to this, does not cover, in the Title 21 of the United States Code. aggregate, more than the amount of (iv) The applicant has successfully population of the PEA within which completed frequency coordination with the earth station is located as noted in the UMFUS licensees within the area table 2 to this paragraph (c)(2): in which the earth station generates a PFD, at 10 meters above ground level,

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TABLE 2 TO PARAGRAPH (c)(2) 10 meters above ground level, of greater than or equal to ¥77.6 dBm/m2/MHz; Population within Partial Eco- Maximum permitted aggre- or nomic Area (PEA) where gate population earth station is located within protection zone of (2) The earth station in the 47.2–48.2 earth stations GHz band was authorized prior to Feb- Greater than 2,250,000 ...... 0.1 percent of population in ruary 1, 2018; or PEA. (3) The application for the earth sta- Between 60,000 and 2,250 people. tion in the 47.2–48.2 GHz band was filed 2,250,000. prior to February 1, 2018; or Fewer than 60,000 ...... 3.75 percent of population in PEA. (4) The applicant demonstrates compliance with all of the following cri- (3) The protection zone does not con- teria in its application: tain any major event venue, urban (i) There are no more than two other mass transit route, passenger railroad, authorized earth stations operating in or cruise ship port. In addition, the the 47.2–48.2 GHz band within the coun- area mentioned in the preceding sen- ty where the proposed earth station is tence shall not cross any of the fol- located that meet the criteria con- lowing types of roads, as defined in tained in paragraph (d)(1), (2), (3), or (4) functional classification guidelines of this section, and there are no more issued by the Federal Highway Admin- than 14 other authorized earth stations istration pursuant to 23 CFR 470.105(b): operating in the 47.2–48.2 GHz band Interstate, Other Freeways and Ex- within the PEA where the proposed pressways, or Other Principal Arterial. earth station is located that meet the The Federal Highway Administration criteria contained in paragraph (d)(1), Office of Planning, Environment, and (2), (3), or (4) of this section. For pur- Realty Executive Geographic Informa- poses of this requirement, multiple tion System (HEPGIS) map contains earth stations that are collocated with information on the classification of or at a location contiguous to each roads. For purposes of this rule, an other shall be considered as one earth urban area shall be an Adjusted Urban station; Area as defined in section 101(a)(37) of (ii) The area in which the earth sta- Title 21 of the United States Code. tion generates a PFD, at 10 meters (4) The applicant has successfully above ground level, of greater than or completed frequency coordination with equal to ¥77.6 dBm/m2/MHz, together the UMFUS licensees within the pro- with the similar area of any other tection zone with respect to existing earth station authorized pursuant to facilities constructed and in operation paragraph (d) of this section, does not by the UMFUS licensee. In coordi- cover, in the aggregate, more than the nating with UMFUS licensees, the ap- amount of population of the PEA with- plicant shall use the applicable proc- in which the earth station is located as esses contained in § 101.103(d) of this noted in table 3 to this paragraph chapter. (d)(4)(ii): (d) Notwithstanding that FSS is co- primary with the Upper Microwave TABLE 3 TO PARAGRAPH (d)(4)(ii) Flexible Use Service in the 47.2–48.2 Maximum permitted aggre- GHz band, earth stations in the 47.2– Population within Partial Eco- gate population nomic Area (PEA) where within ¥77.6 dBm/m2/MHz 48.2 GHz band shall be limited to indi- earth station is located PFD contour vidually licensed earth stations. An ap- of earth stations plicant for a license for a transmitting Greater than 2,250,000 ...... 0.1 percent of population in earth station in the 47.2–48.2 GHz band PEA. must meet one of the following criteria Between 60,000 and 2,250 people. to be authorized to operate without 2,250,000. Fewer than 60,000 ...... 3.75 percent of population in providing any additional interference PEA. protection to stations in the Upper Microwave Flexible Use Service: (iii) The area in which the earth sta- (1) The FSS licensee also holds the tion generates a PFD, at 10 meters relevant Upper Microwave Flexible Use above ground level, of greater than or Service license(s) for the area in which equal to ¥77.6 dBm/m2/MHz does not the earth station generates a PFD, at contain any major event venue, any

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highway classified by the U.S. Depart- contained in either paragraph (e)(1), ment of Transportation under the cat- (2), (3), or (4) of this section, and there egories Interstate, Other Freeways and are no more than 14 other authorized Expressways, or Other Principal Arte- earth stations operating in the same rial, or an urban mass transit route, frequency band within the Partial Eco- passenger railroad, or cruise ship port; nomic Area where the proposed earth and station is located that meet the cri- (iv) The applicant has successfully teria contained in paragraph (e)(1), (2), completed frequency coordination with (3), or (4) of this section. For purposes the UMFUS licensees within the area of the requirement in this paragraph in which the earth station generates a (e)(4), multiple earth stations that are PFD, at 10 meters above ground level, collocated with or at a location contig- of greater than or equal to ¥77.6 dBm/ uous to each other shall be considered m2/MHz with respect to existing facili- as one earth station; ties constructed and in operation by (ii) The area in which the earth sta- the UMFUS licensee. In coordinating tion generates a power flux density with UMFUS licensees, the applicant (PFD), at 10 meters above ground level, shall use the applicable processes con- of greater than or equal to ¥77.6 dBm/ tained in § 101.103(d) of this chapter. m2/MHz, together with the similar area (e) Notwithstanding that FSS is co- of any other earth station operating in primary with the Upper Microwave the same frequency band authorized Flexible Use Service in the 24.75–25.25 pursuant to paragraph (e) of this sec- GHz and 50.4–51.4 GHz bands, earth station, does not cover, in the aggregate, tions in these bands shall be limited to more than the amount of population of individually licensed earth stations. An the county within which the earth sta- applicant for a license for a transmit- tion is located as noted in table 4 to ting earth station in the 24.75–25.25 GHz this paragraph (e)(4)(ii): or 50.4–51.4 GHz band must meet one of the following criteria to be authorized TABLE 4 TO PARAGRAPH (e)(4)(ii) to operate without providing any addi- Maximum permitted aggre- tional interference protection to sta- Population within the County gate population within ¥77.6 tions in the Upper Microwave Flexible where earth station is located dBm/m2/MHz PFD contour of earth stations Use Service: (1) The FSS licensee also holds the Greater than 450,000 ...... 0.1 percent of population in relevant Upper Microwave Flexible Use county. Between 6,000 and 450,000 450 people. Service license(s) for the area in which Fewer than 6,000 ...... 7.5 percent of population in the earth station generates a power county. flux density (PFD), at 10 meters above ground level, of greater than or equal (iii) The area in which the earth sta- to ¥77.6dBm/m2/MHz; tion generates a PFD, at 10 meters (2) The earth station in the 24.75–25.25 above ground level, of greater than or GHz band was authorized prior to Au- equal to ¥77.6 dBm/m2/MHz does not gust 20, 2018; or the earth station in the contain any major event venue, urban 50.4–51.4 GHz band was authorized prior mass transit route, passenger railroad, to June 12, 2019; or or cruise ship port. In addition, the (3) The application for the earth sta- area mentioned in paragraph (e)(4)(ii) tion in the 24.75–25.25 GHz band was of this section shall not cross any of filed prior to August 20, 2018; or the ap- the following types of roads, as defined plication for the earth station in the in functional classification guidelines 50.4–51.4 GHz band was filed prior to issued by the Federal Highway Admin- June 12, 2019; or istration pursuant to 23 CFR 470.105(b): (4) The applicant demonstrates com- Interstate, Other Freeways and Ex- pliance with all of the following cri- pressways, or Other Principal Arterial. teria in its application: The Federal Highway Administration (i) There are no more than two other Office of Planning, Environment, and authorized earth stations operating in Realty Executive Geographic Informa- the same frequency band within the tion System (HEPGIS) map contains county where the proposed earth sta- information on the classification of tion is located that meet the criteria roads. For purposes of this paragraph

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(e)(4), an urban area shall be an Ad- the U.S. satellite system in the rel- justed Urban Area as defined in section evant foreign markets. The exhibit re- 101(a)(37) of Title 21 of the United quired by this paragraph must also in- States Code; and clude a statement of why grant of the (iv) The applicant has successfully application is in the public interest. completed frequency coordination with This paragraph shall not apply with re- the UMFUS licensees within the area spect to requests for authority to oper- in which the earth station generates a ate using a non-U.S. licensed satellite PFD, at 10 meters above ground level, that is licensed by or seeking a license of greater than or equal to ¥77.6 dBm/ from a country that is a member of the m2/MHz with respect to existing facili- World Trade Organization for services ties constructed and in operation by covered under the World Trade Organi- the UMFUS licensee. In coordinating zation Basic Telecommunications with UMFUS licensees, the applicant Agreement. shall use the applicable processes con- (b) Any request pursuant to para- tained in § 101.103(d) of this chapter. graph (a) of this section must be filed (f) If an earth station applicant or li- electronically through the Inter- censee in the 24.75–25.25 GHz, 27.5–28.35 national Bureau Filing System and GHz, 37.5–40 GHz, 47.2–48.2 GHz and/or must include an exhibit providing legal 50.4–51.4 GHz bands enters into an and technical information for the non- agreement with an UMFUS licensee, U.S.-licensed space station of the kind their operations shall be governed by that § 25.114 or § 25.122 or § 25.123 would that agreement, except to the extent require in a license application for that that the agreement is inconsistent space station, including but not lim- with the Commission’s rules or the ited to, information required to com- Communications Act. plete Schedule S. An applicant may (g) Any earth station authorizations satisfy this requirement by cross-ref- issued pursuant to paragraph (a)(4), (c), erencing a pending application con- (d)(4), or (e)(4) of this section shall be taining the requisite information or by conditioned upon operation being in citing a prior grant of authority to compliance with the criteria contained communicate via the space station in in the applicable paragraph. question in the same frequency bands [81 FR 79937, Nov. 14, 2016, as amended at 83 to provide the same type of service. FR 63, Jan. 2, 2018; 83 FR 34489, July 20, 2018; (c) A non-U.S.-licensed NGSO-like 84 FR 20819, May 13, 2019; 84 FR 47147, Sept. satellite system seeking to serve the 9, 2019] United States can be considered con- § 25.137 Requests for U.S. market ac- temporaneously with other U.S. NGSO- cess through non-U.S.-licensed like satellite systems pursuant to space stations. § 25.157 and considered before later-filed (a) Earth station applicants request- applications of other U.S. satellite sys- ing authority to communicate with a tem operators, and a non-U.S.-licensed non-U.S.-licensed space station and en- GSO-like satellite system seeking to tities filing a petition for declaratory serve the United States can have its re- ruling to access the United States mar- quest placed in a queue pursuant to ket using a non-U.S.-licensed space sta- § 25.158 and considered before later-filed tion must attach an exhibit with their applications of other U.S. satellite sys- FCC Form 312 demonstrating that U.S.- tem operators, if the non-U.S.-licensed licensed satellite systems have effec- satellite system: tive competitive opportunities to pro- (1) Is in orbit and operating; vide analogous services in: (2) Has a license from another admin- (1) The country in which the non-U.S. istration; or licensed space station is licensed; and (3) Has been submitted for coordina- (2) All countries in which commu- tion to the International Tele- nications with the U.S. earth station communication Union. will originate or terminate. The appli- (d) Earth station applicants request- cant bears the burden of showing that ing authority to communicate with a there are no practical or legal con- non-U.S.-licensed space station and en- straints that limit or prevent access of tities filing a petition for declaratory

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ruling to access the United States mar- opportunity to comment on whether ket must demonstrate that the non- the transaction affected any of the con- U.S.-licensed space station has com- siderations we made when we allowed plied with all applicable Commission the satellite operator to enter the U.S. requirements for non-U.S.-licensed sys- market. A non-U.S.-licensed satellite tems to operate in the United States, that has been transferred to new own- including but not limited to the fol- ers may continue to provide service in lowing: the United States unless and until the (1) Milestones; Commission determines otherwise. If (2) Reporting requirements; the transferee or assignee is not li- (3) Any other applicable service rules; censed by, or seeking a license from, a (4) The surety bond requirement in country that is a member of the World § 25.165, for non-U.S.-licensed space sta- Trade Organization for services covered tions that are not in orbit and oper- under the World Trade Organization ating. Basic Telecommunications Agreement, (5) Recipients of U.S. market access the non-U.S.-licensed satellite operator for NGSO-like satellite operation that will be required to make the showing have one market access request on file with the Commission in a particular described in paragraph (a) of this sec- frequency band, or one granted market tion. access request for an unbuilt NGSO- [62 FR 64172, Dec. 4, 1997, as amended at 64 like system in a particular frequency FR 61792, Nov. 15, 1999; 65 FR 16327, Mar. 28, band, other than those filed or granted 2000; 65 FR 59143, Oct. 4, 2000; 68 FR 51503, under the procedures in § 25.122 or Aug. 27, 2003; 68 FR 62249, Nov. 3, 2003; 69 FR § 25.123, will not be permitted to re- 51587, Aug. 20, 2004; 78 FR 8422, Feb. 6, 2013; 81 quest access to the U.S. market FR 55331, Aug. 18, 2016; 81 FR 75344, Oct. 31, through another NGSO-like system in 2016; 85 FR 43735, July 20, 2020] that frequency band. This paragraph (d)(5) shall not apply to recipients of § 25.138 Earth Stations in the 3.7–4.2 GHz band. U.S. market access applying under § 25.122 or § 25.123. (a) Applications for new, modified, or (e) An entity requesting access to the renewed earth station licenses and reg- United States market through a non- istrations in the 3.7–4.0 GHz portion of U.S.-licensed space station pursuant to the band in CONUS are no longer ac- a petition for declaratory ruling may cepted. amend its request by submitting an ad- (b) Applications for new earth station ditional petition for declaratory ruling. licenses or registrations within CONUS Such additional petitions will be treat- in the 4.0–4.2 GHz portion of the band ed on the same basis as amendments will not be accepted until the transi- filed by U.S. space station applicants tion is completed and upon announce- for purposes of determining the order ment by the International Bureau via in which the petitions will be consid- Public Notice that applications may be ered relative to pending applications filed. and petitions. (c) Fixed and temporary fixed earth (f) A non-U.S.-licensed space station stations operating in the 3.7–4.0 GHz operator that has been granted access portion of the band within CONUS will to the United States market pursuant be protected from interference by li- to a declaratory ruling may modify its U.S. operations under the procedures censees in the 3.7 GHz Service subject set forth in §§ 25.117(d) and (h) and to the deadlines set forth in § 27.1412 of 25.118(e). this chapter and are eligible for transi- (g) A non-U.S.-licensed satellite oper- tion into the 4.0–4.2 GHz band so long ator that acquires control of a non- as they: U.S.-licensed space station that has (1) Were operational as of April 19, been permitted to serve the United 2018 and continue to be operational; States must notify the Commission (2) Were licensed or registered (or within 30 days after consummation of had a pending application for license or the transaction so that the Commis- registration) in the IBFS database on sion can afford interested parties an November 7, 2018; and

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(3) Timely certified the accuracy of ers than the distance set forth in the information on file with the Com- § 101.129 of this chapter. mission by May 28, 2019. (d) Fixed and temporary earth sta- [67 FR 43037, June 26, 2002, as amended at 68 tion licenses and registrations that FR 43945, July 25, 2003] meet the criteria in paragraph (c) of SPACE STATIONS this section may be renewed or modified to maintain operations in the 4.0– § 25.140 Further requirements for li- 4.2 GHz band. cense applications for GSO space (e) Applications for new, modified, or station operation in the FSS and renewed licenses and registrations for the 17/24 GHz BSS. earth stations outside CONUS oper- (a)(1) In addition to the information ating in the 3.7–4.2 GHz band will con- required by § 25.114, an applicant for tinue to be accepted. GSO FSS space station operation in- [85 FR 22864, Apr. 23, 2020] volving transmission of analog video signals must certify that the proposed § 25.139 NGSO FSS coordination and analog video operation has been coordi- information sharing between nated with operators of authorized co- MVDDS licensees in the 12.2 GHz to 12.7 GHz band. frequency space stations within six degrees of the requested orbital location. (a) NGSO FSS licensees shall main- (2) In addition to the information retain a subscriber database in a format quired by § 25.114, an applicant for GSO that can be readily shared with FSS space station operation, including MVDDS licensees for the purpose of de- applicants proposing feeder links for termining compliance with the MVDDS space stations operating in the 17/24 transmitting antenna spacing require- GHz BSS, that will be located at an or- ment relating to qualifying existing bital location less than two degrees NGSO FSS subscriber receivers set from the assigned location of an au- forth in § 101.129 of this chapter. This thorized co-frequency GSO space sta- information shall not be used for pur- tion, must either certify that the proposes other than set forth in § 101.129 of this chapter. Only sufficient informa- posed operation has been coordinated tion to determine compliance with with the operator of the co-frequency § 101.129 of this chapter is required. space station or submit an interference (b) Within ten business days of re- analysis demonstrating the compat- ceiving notification of the location of a ibility of the proposed system with the proposed MVDDS transmitting an- co-frequency space station. Such an tenna, the NGSO FSS licensee shall analysis must include, for each type of provide sufficient information from the radio frequency carrier, the link noise database to enable the MVDDS licensee budget, modulation parameters, and to determine whether the proposed overall link performance analysis. (See MVDDS transmitting site meets the Appendices B and C to Licensing of minimum spacing requirement. Space Stations in the Domestic Fixed- (c) If the location of the proposed Satellite Service, FCC 83–184, and the MVDDS transmitting antenna site does following public notices, copies of not meet the separation requirements which are available in the Commis- of § 101.129 of this chapter, then the sion’s EDOCS database, available at NGSO FSS licensee shall also indicate https://www.fcc.gov/edocs: DA 03–3863 and to the MVDDS licensee within the DA 04–1708.) The provisions in this same ten day period specified in para- paragraph do not apply to proposed graph (b) of this section whether the analog video operation, which is sub- proposed MVDDS transmitting site is ject to the requirement in paragraph acceptable at the proposed location. (a)(1) of this section. (d) Nothing in this section shall pre- (3) In addition to the information re- clude NGSO FSS and MVDDS licensees quired by § 25.114, an applicant for a from entering into an agreement to ac- GSO FSS space station, including ap- cept MVDDS transmitting antenna lo- plicants proposing feeder links for cations that are shorter-spaced from space stations operating in the 17/24 existing NGSO FSS subscriber receiv- GHz BSS, must provide the following

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for operation other than analog video in this part, unless the non-routine operation: uplink and/or downlink FSS operation (i) With respect to proposed oper- is coordinated with operators of au- ation in the conventional or extended thorized co-frequency space stations at C-bands, a certification that downlink assigned locations within six degrees of EIRP density will not exceed 3 dBW/ the orbital location and except as pro- 4kHz for digital transmissions or 8 vided in paragraph (d) of this section. dBW/4kHz for analog transmissions and (v) With respect to proposed oper- that associated uplink operation will ation in the 4500–4800 MHz (space-to- not exceed applicable EIRP density en- Earth), 6725–7025 MHz (Earth-to-space), velopes in § 25.218 unless the non-rou- 10.70–10.95 GHz (space-to-Earth), 11.20– tine uplink and/or downlink operation 11.45 GHz (space-to-Earth), and/or 12.75– is coordinated with operators of au- 13.25 GHz (Earth-to-space) bands, a thorized co-frequency space stations at statement that the proposed operation assigned locations within six degrees of will take into account the applicable the orbital location of the proposed requirements of Appendix 30B of the space station and except as provided in ITU Radio Regulations (incorporated paragraph (d) of this section. by reference, see § 25.108) and a dem- (ii) With respect to proposed oper- onstration that it is compatible with ation in the conventional or extended other U.S. ITU filings under Appendix Ku-bands, a certification that 30B. downlink EIRP density will not exceed (vi) With respect to proposed oper- 14 dBW/4kHz for digital transmissions ation in other FSS bands, an inter- or 17 dBW/4kHz for analog trans- ference analysis demonstrating com- missions and that associated uplink op- patibility with any previously author- eration will not exceed applicable ized co-frequency space station at a lo- EIRP density envelopes in § 25.218 un- cation two degrees away or a certifi- less the non-routine uplink and/or cation that the proposed operation has downlink operation is coordinated with been coordinated with the operator(s) operators of authorized co-frequency of the previously authorized space sta- space stations at assigned locations tion(s). If there is no previously au- within six degrees of the orbital loca- thorized space station at a location tion of the proposed space station and two degrees away, the applicant must except as provided in paragraph (d) of submit an interference analysis dem- this section. onstrating compatibility with a hypo- (iii) With respect to proposed oper- thetical co-frequency space station two ation in the conventional Ka-band, a degrees away with the same receiving certification that the proposed space and transmitting characteristics as the station will not generate power flux- proposed space station. density at the Earth’s surface in excess (b) Each applicant for a license to op- of ¥118 dBW/m2/MHz and that associ- erate a space station transmitting in ated uplink operation will not exceed the 17.3–17.8 GHz band must provide the applicable EIRP density envelopes in following information, in addition to § 25.218(i) unless the non-routine uplink that required by § 25.114: and/or downlink operation is coordi- (1)–(2) [Reserved] nated with operators of authorized co- (3) An applicant for a license to oper- frequency space stations at assigned lo- ate a space station transmitting in the cations within six degrees of the or- 17.3–17.8 GHz band must certify that bital location and except as provided in the downlink power flux density on the paragraph (d) of this section. Earth’s surface will not exceed the val- (iv) With respect to proposed oper- ues specified in § 25.208(c) and/or (w), or ation in the 24.75–25.25 GHz band must provide the certification specified (Earth-to-space), a certification that in § 25.114(d)(15)(ii). the proposed uplink operation will not (4) An applicant for a license to oper- exceed the applicable EIRP density en- ate a space station transmitting in the velopes in § 25.138(a) and that the asso- 17.3–17.8 GHz band to be located less ciated space station will not generate a than four degrees from a previously li- power flux density at the Earth’s sur- censed or proposed space station trans- face in excess of the applicable limits mitting in the 17.3–17.8 GHz band, must

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either certify that the proposed oper- mission. Such later applicants and pe- ation has been coordinated with the op- titioners must accept any additional erator of the co-frequency space sta- interference caused by the notified tion or provide an interference analysis non-routine transmissions. of the kind described in paragraph (a) (4) An operator of a replacement of this section, except that the appli- space station, as defined in § 25.165(e), cant must demonstrate that its pro- may operate with non-routine trans- posed network will not cause more in- mission levels to the extent permitted terference to the adjacent space sta- under paragraph (d)(3) of this section tion transmitting in the 17.3–17.8 GHz for the replaced space station. band operating in compliance with the (e)–(g) [Reserved] technical requirements of this part, [62 FR 5929, Feb. 10, 1997, as amended at 68 than if the applicant were locate at an FR 51504, Aug. 27, 2003; 72 FR 50028, Aug. 29, orbital separation of four degrees from 2007; 72 FR 60279, Oct. 24, 2007; 78 FR 8422, the previously licensed or proposed Feb. 6, 2013; 79 FR 8319, Feb. 12, 2014; 79 FR space station. 44312, July 31, 2014; 81 FR 55332, Aug. 18, 2016; (5) In addition to the requirements of 83 FR 34490, July 20, 2018; 84 FR 53654, Oct. 8, paragraphs (b)(3) and (4) of this section, 2019] the link budget for any satellite in the § 25.142 Licensing provisions for the 17.3–17.8 GHz band (space-to-Earth) non-voice, non-geostationary Mo- must take into account longitudinal bile-Satellite Service. stationkeeping tolerances. Any appli- (a) Space station application require- cant for a space station transmitting ments. (1) Each application for a space in the 17.3–17.8 GHz band that has station system authorization in the reached a coordination agreement with non-voice, non-geostationary mobile- an operator of another space station to satellite service shall describe in detail allow that operator to exceed the pfd the proposed non-voice, non-geo- levels specified in § 25.208(c) or stationary mobile-satellite system, § 25.208(w), must use those higher pfd setting forth all pertinent technical levels for the purpose of this showing. and operational aspects of the system, (c) [Reserved] and the technical and legal qualifica- (d) An operator of a GSO FSS space tions of the applicant. In particular, station in the conventional or extended each application shall include the in- C-bands, conventional or extended Ku- formation specified in § 25.114. Appli- bands, 24.75–25.25 GHz band (Earth-to- cants must also file information dem- space), or conventional Ka-band may onstrating compliance with all require- notify the Commission of its non-rou- ments of this section, and showing, tine transmission levels and be relieved based on existing system information of the obligation to coordinate such publicly available at the Commission levels with later applicants and peti- at the time of filing, that they will not tioners. cause unacceptable interference to any (1) The letter notification must in- non-voice, non-geostationary mobile- clude the downlink off-axis EIRP den- satellite service system authorized to sity levels or power flux density levels construct or operate. and/or uplink off-axis EIRP density (2) Applicants for a non-voice, non- levels, specified per frequency range geostationary Mobile-Satellite Service and space station antenna beam, that space station license must identify the exceed the relevant routine limits set power flux density produced at the forth in paragraphs (a)(3)(i) through Earth’s surface by each space station (iii) of this section and § 25.218. of their system in the 137–138 MHz and (2) The notification will be placed on 400.15–401 MHz bands, to allow deter- public notice pursuant to § 25.151(a)(11). mination of whether coordination with (3) Non-routine transmissions noti- terrestrial services is required under fied pursuant to this paragraph (d) any applicable footnote to the Table of need not be coordinated with operators Frequency Allocations in § 2.106 of this of authorized co-frequency space sta- chapter. In addition, applicants must tions that filed their complete applica- identify the measures they would em- tions or petitions after the date of fil- ploy to protect the radio astronomy ing of the notification with the Com- service in the 150.05–153 MHz and 406.1–

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410 MHz bands from harmful inter- transceivers subject to blanket licens- ference from unwanted emissions. ing under § 25.115(d)) through the fre- (3) Emission limitations. (i) Appli- quency assignment and coordination cants in the non-voice, non-geo- practices established by NTIA and the stationary mobile-satellite service Interdepartment Radio Advisory Com- shall show that their space stations mittee (IRAC). In order to facilitate will not exceed the emission limita- such frequency assignment and coordi- tions of § 25.202(f) (1), (2) and (3), as cal- nation, applicants shall provide the culated for a fixed point on the Earth’s Commission with sufficient informa- surface in the plane of the space station to evaluate electromagnetic com- tion’s orbit, considering the worst-case patibility with the Federal government frequency tolerance of all frequency use of the spectrum, and any additional determining components, and max- information requested by the Commis- imum positive and negative Doppler sion. As part of the coordination proc- shift of both the uplink and downlink ess, applicants shall show that they signals, taking into account the sys- will not cause unacceptable inter- tem design. ference to authorized Federal govern- (ii) Applicants in the non-voice, non- ment users, based upon existing system geostationary mobile-satellite service information provided by the Govern- shall show that no signal received by ment. The frequency assignment and their satellites from sources outside of coordination of the satellite system their system shall be retransmitted with Federal Government users shall with a power flux density level, in the be completed prior to grant of author- worst 4 kHz, higher than the level de- ization. scribed by the applicants in paragraph (iii) The Commission shall also co- (a)(2) of this section. ordinate with NTIA/IRAC with regard (4) [Reserved] 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.

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(4) Safety and distress communica- at least one satellite will be visible tions. Stations operating in the non- above the horizon at an elevation angle voice, non-geostationary mobile-sat- of at least 5° for at least 18 hours each ellite service that are used to comply day within the described geographic with any statutory or regulatory area; equipment carriage requirements may (iii) That a system proposed to oper- also be subject to the provisions of sec- ate using non-geostationary satellites tions 321(b) and 359 of the Communica- be capable of providing Mobile-Sat- tions Act of 1934, as amended. Licens- ellite Service on a continuous basis ees are advised that these provisions throughout the fifty states, Puerto give priority to radio communications Rico and the U.S. Virgin Islands, i.e., or signals relating to ships in distress that at least one satellite will be visi- and prohibit a charge for the trans- ble above the horizon at an elevation mission of maritime distress calls and angle of at least 5° at all times within related traffic. the described geographic areas; and (c) [Reserved] (iv) That a system only using geo- [58 FR 68060, Dec. 23, 1993, as amended at 62 stationary orbit satellites, at a min- FR 5930, Feb. 10, 1997; 62 FR 59295, Nov. 3, imum, be capable of providing Mobile- 1997; 68 FR 51504, Aug. 27, 2003; 78 FR 8422, Satellite Service on a continuous basis Feb. 6, 2013; 79 FR 8320, Feb. 12, 2014; 81 FR throughout the 50 states, Puerto Rico, 55333, Aug. 18, 2016; 82 FR 59985, Dec. 18, 2017] and the U.S. Virgin Islands, if tech- § 25.143 Licensing provisions for the nically feasible. 1.6/2.4 GHz Mobile-Satellite Service (v) That operations will not cause un- and 2 GHz Mobile-Satellite Service. acceptable interference to other au- (a) Authority to launch and operate a thorized users of the spectrum. In par- constellation of NGSO satellites will be ticular, each application in the 1.6/2.4 granted in a single blanket license for GHz frequency bands shall demonstrate operation of a specified number of that the space station(s) comply with space stations in specified orbital the requirements specified in § 25.213. planes. An individual license will be (c) Safety and distress communications. issued for each GSO satellite, whether (1) Stations operating in the 1.6/2.4 GHz it is to be operated in a GSO-only sys- Mobile-Satellite Service and 2 GHz Mo- tem or in a GSO/NGSO hybrid system. bile-Satellite Service that are volun- (b) Qualification Requirements—(1) tarily installed on a U.S. ship or are General Requirements. Each application used to comply with any statute or for a space station system authoriza- regulatory equipment carriage require- tion in the 1.6/2.4 GHz Mobile-Satellite ments may also be subject to the re- Service or 2 GHz Mobile-Satellite Serv- quirements of sections 321(b) and 359 of ice must include the information speci- the Communications Act of 1934. Li- fied in § 25.114. Applications for non- censees are advised that these provi- U.S.-licensed systems must comply sions give priority to radio commu- with the provisions of § 25.137. nications or signals relating to ships in (2) Technical qualifications. In addi- distress and prohibits a charge for the tion to providing the information spec- transmission of maritime distress calls ified in paragraph (b)(1) of this section, and related traffic. each applicant and petitioner must (2) Licensees offering distress and demonstrate the following: safety services should coordinate with (i) That a proposed system in the 1.6/ the appropriate search and rescue orga- 2.4 GHz MSS frequency bands employs nizations responsible for the licensees a non-geostationary constellation or service area. constellations of satellites; (ii) That a system proposed to oper- [59 FR 53328, Oct. 21, 1994, as amended at 61 ate using non-geostationary satellites FR 9945, Mar. 12, 1996; 62 FR 5930, Feb. 10, 1997; 65 FR 59143, Oct. 4, 2000; 68 FR 33649, be capable of providing Mobile-Sat- June 5, 2003; 68 FR 47858, Aug. 12, 2003; 68 FR ellite Service to all locations as far 51504, Aug. 27, 2003; 70 FR 59277, Oct. 12, 2005; north as 70° North latitude and as far 78 FR 8267, Feb. 5, 2013; 78 FR 8422, Feb. 6, south as 55° South latitude for at least 2013; 79 FR 8320, Feb. 12, 2014; 81 FR 55333, 75% of every 24-hour period, i.e., that Aug. 18, 2016; 82 FR 59985, Dec. 18, 2017]

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§ 25.144 Licensing provisions for the (3) Four years: In orbit operation of 2.3 GHz satellite digital audio radio at least one space station; and service. (4) Six years: Full operation of the (a) Qualification Requirements: satellite system. (1) [Reserved] (c) [Reserved] (2) General Requirements: Each ap- (d) The license term for each digital plication for a system authorization in audio radio service satellite and any the satellite digital audio radio service associated terrestrial repeaters is spec- in the 2310–2360 MHz band shall de- ified in § 25.121. scribe in detail the proposed satellite (e) SDARS Terrestrial Repeaters. (1) digital audio radio system, setting Only entities holding or controlling forth all pertinent technical and oper- SDARS space station licenses may con- ational aspects of the system, and the struct and operate SDARS terrestrial technical, legal, and financial quali- repeaters and such construction and fications of the applicant. In par- operation is permitted only in conjunc- ticular, applicants must file information with at least one SDARS space tion demonstrating compliance with station that is concurrently authorized § 25.114 and all of the requirements of and transmitting directly to sub- this section. scribers. (3) Technical Qualifications: In addi- (2) SDARS terrestrial repeaters will tion to the information specified in be eligible for blanket licensing only paragraph (a)(1) of this section, each under the following circumstances: applicant shall: (i) Demonstrate that its system will, (i) The SDARS terrestrial repeaters at a minimum, service the 48 contig- will comply with all applicable power uous states of the United States (full limits set forth in § 25.214(d)(1) of this CONUS); chapter and all applicable out-of-band (ii) Certify that its satellite DARS emission limits set forth in § 25.202(h)(1) system includes a receiver that will and (h)(2). permit end users to access all licensed (ii) The SDARS terrestrial repeaters satellite DARS systems that are oper- will meet all applicable requirements ational or under construction; and in part 1, subpart I, and part 17 of this (b) Milestone requirements. Each ap- chapter. Operators of SDARS terres- plicant for system authorization in the trial repeaters must maintain dem- satellite digital audio radio service onstrations of compliance with part 1, must demonstrate within 10 days after subpart I, of this chapter and make a required implementation milestone such demonstrations available to the as specified in the system authoriza- Commission upon request within three tion, and on the basis of the docu- business days. mentation contained in its application, (iii) The SDARS terrestrial repeaters certify to the Commission by affidavit will comply with all requirements of that the milestone has been met or no- all applicable international agree- tify the Commission by letter that it ments. has not been met. At its discretion, the (3) After May 20, 2010, SDARS licens- Commission may require the submis- ees shall, before deploying any new, or sion of additional information (sup- modifying any existing, terrestrial reported by affidavit of a person or per- peater, notify potentially affected WCS sons with knowledge thereof) to dem- licensees pursuant to the procedure set onstrate that the milestone has been forth in § 25.263. met. The satellite DARS milestones (4) SDARS terrestrial repeaters are are as follows, based on the date of au- restricted to the simultaneous retrans- thorization: mission of the complete programming, (1) One year: Complete contracting and only that programming, trans- for construction of first space station mitted by the SDARS licensee’s sat- or begin space station construction; ellite(s) directly to the SDARS licens- (2) Two years: If applied for, complete ee’s subscribers’ receivers, and may not contracting for construction of second be used to distribute any information space station or begin second space sta- not also transmitted to all subscribers’ tion construction; receivers.

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(5) Operators of SDARS terrestrial (ii) The maximum number of terres- repeaters are prohibited from using trial repeaters that will be deployed those repeaters to retransmit different under the authorization at 1) power transmissions from a satellite to dif- levels equal to or less than 2-watt aver- ferent regions within that satellite’s age EIRP, and 2) power levels greater coverage area. than 2-watt average EIRP (up to 12-kW (6) Operators of SDARS terrestrial average EIRP). repeaters are required to comply with (iii) A certification of compliance all applicable provisions of part 1, sub- with the requirements of § 25.144(e)(1) part I, and part 17 of this chapter. through (7). (7)(i) Each SDARS terrestrial re- (9) SDARS terrestrial repeaters that peater transmitter utilized for oper- are ineligible for blanket licensing ation under this paragraph must be of must be authorized on a site-by-site a type that has been authorized by the basis. Applications for site-by-site au- Commission under its certification pro- thorization must be filed using Form cedure. 312, except that Schedule B need not be (ii) In addition to the procedures set provided. Such applications must also forth in subpart J of part 2 of this include the following information, as chapter, power measurements for an attachment: SDARS repeater transmitters may be (i) The technical information for made in accordance with a Commis- each repeater required to be shared sion-approved average power tech- with potentially affected WCS licens- nique. Peak-to-average power ratio ees as part of the notification require- (PAPR) measurements for SDARS re- ment set forth in § 25.263(c)(2). peater transmitters should be made (ii) The space station(s) with which using either an instrument with com- the terrestrial repeaters will commu- plementary cumulative distribution nicate, the frequencies and emission function (CCDF) capabilities to deter- designators of such communications, mine that the PAPR will not exceed 13 and the frequencies and emission des- dB for more than 0.1 percent of the ignators used by the repeaters to re- time or another Commission approved transmit the received signals. procedure. The measurement must be [62 FR 11105, Mar. 11, 1997, as amended at 68 performed using a signal corresponding FR 51504, Aug. 27, 2003; 70 FR 32254, June 2, to the highest PAPR expected during 2005; 75 FR 45067, Aug. 2, 2010; 79 FR 8320, Feb. periods of continuous transmission. 12, 2014] (iii) Any manufacturer of radio transmitting equipment to be used in these § 25.146 Licensing and operating pro- services may request equipment au- visions for NGSO FSS space sta- thorization following the procedures tions. set forth in subpart J of part 2 of this (a) An NGSO FSS applicant pro- chapter. Equipment authorization for posing to operate in the 10.7–30 GHz fre- an individual transmitter may be re- quency range must certify that it will quested by an applicant for a station comply with: authorization by following the proce- (1) Any applicable power flux-density dures set forth in part 2 of this chapter. levels in Article 21, Section V, Table (8) Applications for blanket author- 21–4 of the ITU Radio Regulations (in- ity to operate terrestrial repeaters corporated by reference, § 25.108), ex- must be filed using Form 312, except cept that in the 19.3–19.4 GHz and 19.6– that Schedule B to Form 312 need not 19.7 GHz bands applicants must certify be filed. Such applications must also that they will comply with the ITU include the following information as an PFD limits governing NGSO FSS sys- attachment: tems in the 17.7–19.3 GHz band; and (i) The space station(s) with which (2) Any applicable equivalent power the terrestrial repeaters will commu- flux-density levels in Article 22, Sec- nicate, the frequencies and emission tion II, and Resolution 76 of the ITU designators of such communications, Radio Regulations (both incorporated and the frequencies and emission des- by reference, § 25.108). ignators used by the repeaters to re- (b) In addition, an NGSO FSS appli- transmit the received signals. cant proposing to operate in the 10.7–

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12.7 GHz, 12.75–13.25 GHz, 13.75–14.5 GHz, § 25.147 Space Stations in the 3.7–4.2 18.8–19.3 GHz, or 28.6–29.1 GHz bands GHz band. must provide a demonstration that the The 3.7–4.0 GHz portion of the band is proposed system is capable of providing being transitioned in CONUS from FSS FSS on a continuous basis throughout GSO (space-to-Earth) to the 3.7 GHz the fifty states, Puerto Rico, and the Service. U.S. Virgin Islands. (a) New applications for space station (c) Prior to the initiation of service, licenses and petitions for market ac- an NGSO FSS operator licensed or cess concerning space-to-Earth oper- holding a market access authorization ations in the 3.7–4.0 GHz portion of the to operate in the 10.7–30 GHz frequency band within CONUS will no longer be range must receive a ‘‘favorable’’ or accepted. ‘‘qualified favorable’’ finding by the (b) Applications for new or modified ITU Radiocommunication Bureau, in space station licenses or petitions for accordance with Resolution 85 of the market access in the 4.0–4.2 GHz por- ITU Radio Regulations (incorporated tion of the band within CONUS will not by reference, § 25.108), regarding its be accepted during the transition ex- compliance with applicable ITU EPFD cept by existing operators in the band limits. In addition, a market access to implement an efficient transition. holder in these bands must: (c) Applications for new or modified (1) Communicate the ITU finding to space station licenses or petitions for the Commission; and market access for space-to-Earth oper- (2) Submit the input data files used ations in the 3.7–4.2 GHz band outside for the ITU validation software. CONUS will continue to be accepted. (d) Coordination will be required be- [85 FR 22864, Apr. 23, 2020] tween NGSO FSS systems and GSO FSS earth stations in the 10.7–12.75 GHz § 25.148 Licensing provisions for the band when: Direct Broadcast Satellite Service. (1) The GSO satellite network has re- (a) License terms. License terms for ceive earth stations with earth station DBS facilities are specified in antenna maximum isotropic gain § 25.121(a). greater than or equal to 64 dBi; G/T of (b) Due diligence. (1) All persons 44 dB/K or higher; and emission band- granted DBS authorizations shall pro- width of 250 MHz; and ceed with due diligence in constructing DBS systems. Permittees shall be re- (2)The EPFDdown radiated by the NGSO satellite system into the GSO quired to complete contracting for con- specific receive earth station, either struction of the satellite station(s) within the U.S. for domestic service or within one year of the grant of the au- any points outside the U.S. for inter- thorization. The satellite stations shall national service, as calculated using also be required to be in operation the ITU software for examining com- within six years of the authorization pliance with EPFD limits exceeds— grant. 174.5 dB(W/(m2/40kHz)) for any percent- (2) In addition to the requirements age of time for NGSO systems with all stated in paragraph (b)(1) of this sec- satellites only operating at or below tion, all persons who receive new or ad- 2500 km altitude, or—202 dB(W/(m2/ ditional DBS authorizations after Jan- 40kHz)) for any percentage of time for uary 19, 1996 shall complete construc- NGSO systems with any satellites op- tion of the first satellite in their re- erating above 2500 km altitude. spective DBS systems within four (e) An NGSO FSS licensee or market years of grant of the authorization. All access recipient must ensure that satellite stations in such a DBS system ephemeris data for its constellation is shall be in operation within six years of the grant of the authorization. available to all operators of authorized, in-orbit, co-frequency satellite systems (3) DBS licensees shall be required to proceed consistent with all applicable in a manner that is mutually accept- due diligence obligations, unless other- able. wise determined by the Commission [82 FR 59985, Dec. 18, 2017] upon proper showing in any particular

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case. Transfer of control of the author- sharing criteria and technical charac- ization shall not be considered to jus- teristics contained in Appendices 30 tify extension of these deadlines. and 30A of the ITU’s Radio Regula- (c) Geographic service requirements. tions. Operation of systems using dif- Those entities acquiring DBS author- fering technical characteristics may be izations after January 19, 1996, or who permitted, with adequate technical after January 19, 1996 modify a pre- showing, and if a request has been vious DBS authorization to launch a made to the ITU to modify the appro- replacement satellite, must provide priate Plans to include the system’s DBS service to Alaska and Hawaii technical parameters. where such service is technically fea- [67 FR 51113, Aug. 7, 2002] sible from the authorized orbital location. This requirement does not apply § 25.149 Application requirements for to DBS satellites authorized to operate ancillary terrestrial components in at the 61.5° W.L. orbital location. DBS Mobile-Satellite Service networks applicants seeking to operate from lo- operating in the 1.5./1.6 GHz and cations other than 61.5° W.L. who do 1.6/2.4 GHz Mobile-Satellite Service. not provide service to Alaska and Ha- (a) Applicants for ancillary terres- waii, must provide technical analyses trial component authority shall dem- to the Commission demonstrating that onstrate that the applicant does or will such service is not feasible as a tech- comply with the following through cer- nical matter, or that while technically tification or explanatory technical ex- feasible such services would require so hibit, as appropriate: many compromises in satellite design (1) ATC shall be deployed in the for- and operation as to make it economi- ward-band mode of operation whereby cally unreasonable. the ATC mobile terminals transmit in (d) DBS subject to competitive bidding. the MSS uplink bands and the ATC Mutually exclusive initial applications base stations transmit in the MSS to provide DBS are subject to competi- downlink bands in portions of the tive bidding procedures. The general 1626.5–1660.5 MHz/1525–1559 MHz bands competitive bidding procedures set (L-band) and the 1610–1626.5 MHz/2483.5– forth in part 1, subpart Q of this chap- 2500 MHz bands. ter will apply unless otherwise pro- NOTE TO PARAGRAPH (a)(1): An L-band MSS vided in this part. licensee is permitted to apply for ATC au- (e) DBS long form application. Winning thorization based on a non-forward-band bidders are subject to the provisions of mode of operation provided it is able to dem- § 1.2107 of this chapter except that in onstrate that the use of a non-forward-band lieu of a FCC Form 601 each winning mode of operation would produce no greater potential interference than that produced as bidder shall submit the long-form sat- a result of implementing the rules of this ellite service application (FCC Form section. A 1.6/2.4 GHz band licensee is per- 312) within thirty (30) days after being mitted to apply for ATC authorization on a notified by Public Notice that it is the non-forward-band mode of operation where winning bidder. Each winning bidder the equipment deployed will meet the re- will also be required to submit by the quirements of paragraph (c)(4) of this sec- same deadline the information de- tion. scribed in § 25.215 (Technical) and (2) ATC operations shall be limited to § 25.601 (EEO), and in paragraph (f) of certain frequencies: this section. Each winner also will be (i) [Reserved] required to file, by the same deadline, (ii) In the 1626.5–1660.5 MHz/1525–1559 a signed statement describing its ef- MHz bands (L-band), ATC operations forts to date and future plans to come are limited to the frequency assign- into compliance with any applicable ments authorized and internationally spectrum limitations, if it is not al- coordinated for the MSS system of the ready in compliance. Such information MSS licensee that seeks ATC author- shall be submitted pursuant to the pro- ity. cedures set forth in § 25.114 and any as- (iii) In the 1610–1626.5 MHz/2483.5–2500 sociated Public Notices. MHz bands, ATC operations are limited (f) Technical qualifications. DBS oper- to the 1610–1617.775 MHz, 1621.35–1626.5 ations must be in accordance with the MHz, and 2483.5–2495 MHz bands and to

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the specific frequencies authorized for (2) Replacement satellites. (i) Oper- use by the MSS licensee that seeks ational NGSO MSS ATC systems shall ATC authority. maintain an in-orbit spare satellite. (3) ATC operations shall not exceed (ii) Operational GSO MSS ATC sys- the geographical coverage area of the tems shall maintain a spare satellite Mobile-Satellite Service network of on the ground within one year of com- the applicant for ATC authority. mencing operations and launch it into (4) ATC base stations shall comply orbit during the next commercially with all applicable antenna and struc- reasonable launch window following a tural clearance requirements estab- satellite failure. lished in part 17 of this chapter. (iii) All MSS ATC licensees must re- (5) ATC base stations and mobile ter- port any satellite failures, malfunc- minals shall comply with part 1 of this tions or outages that may require sat- chapter, Subpart I—Procedures Imple- ellite replacement within ten days of menting the National Environmental their occurrence. Policy Act of 1969, including the guide- (3) Commercial availability. Mobile-sat- lines for human exposure to radio fre- ellite service must be commercially quency electromagnetic fields as de- available (viz., offering services for a fined in §§ 1.1307(b) and 1.1310 of this fee) in accordance with the coverage chapter for PCS networks. requirements that pertain to each band (6) ATC base station operations shall as a prerequisite to an MSS licensee’s use less than all available MSS fre- offering ATC service. quencies when using all available fre- (4) Integrated services. MSS ATC li- quencies for ATC base station oper- censees shall offer an integrated servations would exclude otherwise avail- ice of MSS and MSS ATC. Applicants able signals from MSS space-stations. for MSS ATC may establish an inte- (b) Applicants for an ancillary terres- grated service offering by affirmatively trial component shall demonstrate demonstrating that: that the applicant does or will comply (i) The MSS ATC operator will use a with the following criteria through cer- dual-mode handset that can commu- tification: nicate with both the MSS network and (1) Geographic and temporal coverage. the MSS ATC component to provide (i) [Reserved] the proposed ATC service; or (ii) For the L-band, an applicant (ii) Other evidence establishing that must demonstrate that it can provide the MSS ATC operator will provide an space-segment service covering all 50 integrated service offering to the pub- states, Puerto Rico, and the U.S. Vir- lic. gin Islands one-hundred percent of the (5) In-band operation. (i) [Reserved] time, unless it is not technically pos- (ii) In the 1.6/2.4 GHz Mobile-Satellite sible for the MSS operator to meet the Service bands, MSS ATC is limited to coverage criteria from its orbital posi- no more than 7.775 MHz of spectrum in tion. the L-band and 11.5 MHz of spectrum in (iii) For the 1.6/2.4 GHz Mobile-Sat- the S-band. Licensees in these bands ellite Service bands, an applicant must may implement ATC only on those demonstrate that it can provide space- channels on which MSS is authorized, segment service to all locations as far consistent with the 1.6/2.4 GHz Mobile- north as 70° North latitude and as far Satellite Service band-sharing arrange- south as 55° South latitude for at least ment. seventy-five percent of every 24-hour (iii) In the L-band, MSS ATC is lim- period, i.e., that at least one satellite ited to those frequency assignments will be visible above the horizon at an available for MSS use in accordance elevation angle of at least 5° for at with the Mexico City Memorandum of least 18 hours each day, and on a con- Understanding, its successor agree- tinuous basis throughout the fifty ments or the result of other organized states, Puerto Rico and the U.S. Virgin efforts of international coordination. Islands, i.e., that at least one satellite (c) Equipment certification. (1) Each will be visible above the horizon at an ATC mobile station utilized for oper- elevation angle of at least 5° at all ation under this part and each trans- times. mitter marketed, as set forth in § 2.803

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of this chapter, must be of a type that the channel edge where X is the greater has been authorized by the Commission of 6 MHz or the actual emission band- under its certification procedure for width. use under this part. (vi) Emissions above 2495 MHz are at- (2) Any manufacturer of radio trans- tenuated below the transmitter power mitting equipment to be used in these (P) measured in watts by a factor of at services may request equipment au- least 43 + 10 log (P) dB on all fre- thorization following the procedures quencies between the channel edge at set forth in subpart J of part 2 of this 2495 MHz and X MHz from this channel chapter. Equipment authorization for edge and 55 + 10 log (P) dB on all fre- an individual transmitter may be re- quencies more than X MHz from this quested by an applicant for a station channel edge, where X is the greater of authorization by following the proce- 6 MHz or the actual emission band- dures set forth in part 2 of this chapter. width; (3) Licensees and manufacturers shall (vii) Compliance with these rules is ensure compliance with the Commis- based on the use of measurement in- sion’s radio frequency exposure re- strumentation employing a resolution quirements in §§ 1.1307(b), 2.1091, and bandwidth of 1 MHz or greater. How- 2.1093 of this chapter, as appropriate. ever, in the 1 MHz bands immediately An Environmental Assessment may be above and adjacent to the 2495 MHz a required if RF radiation from the pro- resolution bandwidth of at least 1 per- posed facilities would, in combination cent of the emission bandwidth of the with radiation from other sources, fundamental emission of the trans- cause RF power density or field mitter may be employed. If 1 percent of strength in an accessible area to exceed the emission bandwidth of the funda- the applicable limits specified in mental emission is less than 1 MHz, the § 1.1310 of this chapter. Applications for power measured must be integrated equipment authorization of mobile or over the required measurement band- portable devices operating under this width of 1 MHz. A resolution bandwidth section must contain a statement con- narrower than 1 MHz is permitted to firming compliance with these require- improve measurement accuracy, pro- ments. Technical information showing vided the measured power is integrated the basis for this statement must be over the full required measurement submitted to the Commission upon re- bandwidth (i.e., 1 MHz). The emission quest. bandwidth of the fundamental emission (4) Applications for equipment au- of a transmitter is defined as the width thorization of terrestrial low-power of the signal between two points, one system equipment that will operate in below the carrier center frequency and the 2483.5–2495 MHz band shall dem- one above the carrier center frequency, onstrate the following: outside of which all emissions are at- (i) The transmitted signal is digitally tenuated at least 26 dB below the modulated; transmitter power. When an emission (ii) The 6 dB bandwidth is at least 500 outside of the authorized bandwidth kHz; causes harmful interference, the Com- (iii) The maximum transmit power is mission may, at its discretion, require no more than 1 W with a peak EIRP of greater attenuation than specified in no more than 6 dBW; this section; and (iv) The maximum power spectral NOTE TO PARAGRAPH (c)(4): Systems meet- density conducted to the antenna is ing the requirements set forth in this section not greater than 8 dBm in any 3 kHz are deemed to have also met the require- band during any time interval of con- ments of § 25.254(a) through (d). No further tinuous transmission; demonstration is needed for these systems (v) Emissions below 2483.5 MHz are with respect to § 25.254(a)–(d). attenuated below the transmitter (d) Applicants for an ancillary terres- power (P) measured in watts by a fac- trial component authority shall dem- tor of at least 40 + 10 log (P) dB at the onstrate that the applicant does or will channel edge at 2483.5 MHz, 43 + 10 log comply with the provisions of § 1.924 of (P) dB at 5 MHz from the channel edge, this chapter and §§ 25.203(e) through and 55 + 10 log (P) dB at X MHz from 25.203(g) and with § 25.253 or § 25.254, as

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appropriate, through certification or commercial availability of MSS, with- explanatory technical exhibit. out regard to coverage requirements. (e) Except as provided for in para- (2) An ATC licensee seeking to mod- graphs (f) and (g) of this section, no ap- ify its license to add authority to oper- plication for an ancillary terrestrial ate a terrestrial low-power network component shall be granted until the shall certify in its modification appli- applicant has demonstrated actual cation that its operations will utilize a compliance with the provisions of para- Network Operating System (NOS), con- graph (b) of this section. Upon receipt sisting of a network management sys- of ATC authority, all ATC licensees tem located at an operations center or shall ensure continued compliance centers. The NOS shall have the tech- with this section and § 25.253 or § 25.254, nical capability to address and resolve as appropriate. interference issues related to the li- (f) Special provision for operational censee’s network operations by reduc- MSS systems. Applicants for MSS ATC ing operational power; adjusting oper- authority with operational MSS sys- ational frequencies; shutting off oper- tems that are in actual compliance ations; or any other appropriate with the requirements prescribed in means. The NOS shall also have the paragraphs (b)(1), (b)(2), and (b)(3) of ability to resolve interference from the this section at the time of application terrestrial low-power network to the li- may elect to satisfy the requirements censee’s MSS operations and to author- of paragraphs (b)(4) and (b)(5) of this ize access points to the network, which section prospectively by providing a in turn may authorize access to the substantial showing in its certification network by end-user devices. The NOS regarding how the applicant will com- operations center shall have a point of ply with the requirements of para- contact in the United States available graphs (b)(4) and (b)(5) of this section. 24 hours a day, seven days a week, with Notwithstanding § 25.117(f) and para- a phone number and address made pub- graph (e) of this section, the Commis- licly-available by the licensee. sion may grant an application for ATC (3) All access points operating in the authority based on such a prospective 2483.5–2495 MHz band shall only operate substantial showing if the Commission when authorized by the ATC licensee’s finds that operations consistent with NOS, and all client devices operating the substantial showing will result in in the 2483.5–2495 MHz band shall only actual compliance with the require- operate when under the control of such ments prescribed in paragraphs (b)(4) access points. and (b)(5) of this section. An MSS ATC (h) Spectrum leasing. Leasing of spec- applicant that receives a grant of ATC trum rights by MSS licensees or sys- authority pursuant to this paragraph tem operators to spectrum lessees for (f) shall notify the Commission within ATC use is subject to the rules for 30 days once it begins providing ATC spectrum manager leasing arrange- service. This notification must take ments (see § 1.9020) as set forth in part the form of a letter formally filed with 1, subpart X of the rules (see § 1.9001 et the Commission in the appropriate seq.). In addition, at the time of the fil- MSS license docket and shall contain a ing of the requisite notification of a certification that the MSS ATC service spectrum manager leasing arrange- is consistent with its ATC authority. ment using Form 608 (see §§ 1.9020(e) and (g) Special provisions for terrestrial low- 1.913(a)(5)), both parties to the proposed power systems in the 2483.5–2495 MHz arrangement must have a complete and band. (1) An operational MSS system accurate Form 602 (see § 1.913(a)(2)) on that applies for authority to deploy file with the Commission. ATC in the 2483.5–2495 MHz band for terrestrial low-power operations satis- [68 FR 47859, Aug. 12, 2003, as amended at 69 fying the equipment certification re- FR 48162, Aug. 9, 2004; 70 FR 19318, Apr. 13, 2005, 73 FR 25592, May 7, 2008; 76 FR 31260, quirements of paragraph (c)(4) of this May 31, 2011; 78 FR 8267, Feb. 5, 2013; 78 FR section is not required to demonstrate 8424, Feb. 6, 2013; 79 FR 27502, May 14, 2014; 82 compliance with paragraph (b) of this FR 8818, Jan. 31, 2017; 85 FR 18150, Apr. 1, section, except to demonstrate the 2020]

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PROCESSING OF APPLICATIONS market access recipient, submitted pursuant to § 25.111(b) or § 25.146(c)(2). § 25.150 Receipt of applications. (b) Special public notices may also be Applications received by the Com- issued at other times under special cir- mission are given a file number and a cumstances involving non-routine mat- unique station identifier for adminis- ters where speed is of the essence and trative convenience. Neither the as- efficiency of Commission process will signment of a file number and/or other be served thereby. identifier nor the listing of the applica- (c) A public notice will not normally tion on public notice as received for fil- be issued for receipt of any of the fol- ing indicates that the application has lowing applications: been found acceptable for filing or pre- (1) For authorization of a minor tech- cludes subsequent return or dismissal nical change in the facilities of an au- of the application if it is found to be thorized station; defective or not in accordance with the (2) For temporary authorization pur- Commission’s rules. suant to § 25.120. [78 FR 8425, Feb. 6, 2013] (3) For an authorization under any of the proviso clauses of section 308(a) of § 25.151 Public notice. the Communications Act of 1934, as (a) At regular intervals, the Commis- amended [47 U.S.C. 308(a)]; sion will issue public notices listing: (4) For consent to an involuntary as- (1) The receipt of applications for signment or transfer of control of a new station authorizations, except ap- transmitting earth station authoriza- plications for space station licenses tion; or filed pursuant to § 25.110(b)(3)(i) or (ii) (5) For consent to an assignment or of this part; transfer of control of a space station (2) The receipt of applications for li- authorization or a transmitting earth cense or registration of receive-only station authorization, where the as- earth stations; signment or transfer does not involve a (3) The receipt of applications for substantial change in ownership or major modifications to station author- control; or izations; (6) For change in location of an earth (4) The receipt of major amendments station operating in the 4/6 GHz and to pending applications; 10.95–11.7 GHz bands by no more than 1″ (5) The receipt of applications to as- in latitude and/or longitude and for sign or transfer control of space sta- change in location of an earth station tion facilities, transmitting earth sta- operating in the 12/14 GHz bands by no tion facilities, or international receive- more than 10″ in latitude and/or lon- only earth station facilities; gitude. (6) Significant Commission actions (d) Except as specified in paragraph regarding applications; (e) of this section, no application that (7) Information that the Commission has appeared on public notice will be in its discretion believes to be of public granted until the expiration of a period significance; of thirty days following the issuance of (8) Special environmental consider- the public notice listing the applica- ations as required by part 1 of this tion, or any major amendment thereto. chapter; Any comments or petitions must be de- (9) Submission of Coordination Re- livered to the Commission by that date quests and Appendix 30B filings to the in accordance with § 25.154. ITU in response to requests filed pursu- (e)(1) Applicants seeking authority to ant to § 25.110(b)(3)(i) and (b)(3)(ii); operate a temporary fixed earth sta- (10) The receipt of space station ap- tion pursuant to § 25.277 may consider plication information filed pursuant to their applications ‘‘provisionally § 25.110(b)(3)(iii); and granted,’’ and may initiate operations (11) The receipt of notifications of upon the placement of the complete non-routine transmission filed pursu- FCC Form 312 application on public no- ant to § 25.140(d). tice, provided that (12) The receipt of EPFD input data (i) The temporary fixed earth station files from an NGSO FSS licensee or will operate only in the conventional

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Ku-band (14.0–14.5 GHz and 11.7–12.2 parties in interest, will not be consid- GHz bands); ered until the final disposition of the (ii) The temporary fixed earth sta- appeal. tion’s operations will be consistent with all routine-licensing requirements [56 FR 24016, May 28, 1991, as amended at 79 FR 8320, Feb. 12, 2014] for the conventional Ku-band; and (iii) The temporary fixed earth sta- § 25.154 Opposition to applications and tion’s operations will be limited to sat- other pleadings. ellites on the Permitted Space Station List. (a) Petitions to deny, petitions for (2) Applications for authority grant- other forms of relief, and other objec- ed pursuant to paragraph (e)(1) of this tions or comments must: section shall be placed on public notice (1) Identify the application or appli- pursuant to paragraph (a)(1) of this sec- cations (including applicant’s name, tion. If no comments or petitions are station location, Commission file num- filed within 30 days of the public notice bers, and radio service involved) with date, the authority granted will be con- which it is concerned; sidered a regular temporary fixed earth (2) Be filed within thirty (30) days station authorization as of 30 days after the date of public notice announc- after the public notice date. If a coming the acceptance for filing of the ap- ment or petition is filed within 30 days plication or major amendment thereto of the public notice date, the applicant (unless the Commission otherwise ex- must suspend operations immediately tends the filing deadline); pending resolution of the issues raised (3) Filed in accordance with the in that comment or petition. pleading limitations, periods and other applicable provisions of §§ 1.41 through [56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993; 70 FR 32254, June 2, 1.52 of this chapter, except that such 2005; 81 FR 55333, Aug. 18, 2016; 82 FR 59985, petitions must be filed electronically Dec. 18, 2017] through the International Bureau Fil- ing System (IBFS) in accordance with EDITORIAL NOTE: At 82 FR 59985, Dec. 18, 2017, § 25.151 was amended by removing ‘‘and’’ the applicable provisions of part 1, sub- from the end of paragraph (b)(10) and by re- part Y of this chapter; moving the period at the end of paragraph (4) Contain specific allegations of (b)(11) and adding ‘‘; and’’ in its place; how- fact (except for those of which official ever, these amendments could not be incor- notice may be taken) to support the porated because paragraphs (b)(10) and (b)(11) specific relief requested, which shall be did not exist. supported by affidavit of a person or § 25.152 [Reserved] persons with personal knowledge thereof, and which shall be sufficient to § 25.153 Repetitious applications. demonstrate that the petitioner (or re- (a) Where an application has been de- spondent) is a party of interest and nied or dismissed with prejudice, the that a grant of, or other Commission Commission will not consider a like ap- action regarding, the application would plication involving service of the same be prima facie inconsistent with the kind to the same area by the same ap- public interest; and plicant, or by its successor or assignee, (5) Contain a certificate of service or on behalf of or for the benefit of any showing that it has been mailed to the of the original parties in interest, until applicant no later than the date the after the lapse of 12 months from the pleading is filed with the Commission. effective date of the Commission’s ac- (b) The Commission will classify as tion. informal objections: (b) Where an appeal has been taken (1) Any pleading not filed in accord- from the action of the Commission de- ance with paragraph (a) of this section; nying a particular application, another (2) Any pleading to which the thirty application for the same class of sta- (30) day public notice period of § 25.151 tion and for the same area, in whole or does not apply; or in part, filed by the same applicant or (3) Any objections to the grant of an by his successor or assignee, or on be- application when the objections do not half or for the benefit of the original conform to either paragraph (a) of this

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section or to other Commission rules § 25.155 Mutually exclusive applica- and requirements. tions. (c) Except for opposition to petitions (a) The Commission will consider ap- to deny an application filed pursuant plications to be mutually exclusive if to § 25.220, oppositions to petitions to their conflicts are such that the grant deny an application or responses to of one application would effectively comments and informal objections re- preclude by reason of harmful inter- garding an application may be filed ference, or other practical reason, the within 10 days after the petition, com- grant of one or more other applica- ment, or objection is filed and must be tions. in accordance with other applicable (b) A license application for NGSO- provisions of §§ 1.41 through 1.52 of this like satellite operation, as defined in chapter, except that such oppositions § 25.157(a), will be entitled to compara- must be filed electronically through tive consideration with one or more the International Bureau Filing Sys- mutually exclusive applications only if tem (IBFS) in accordance with the ap- the application is received by the Com- plicable provisions of part 1, subpart Y mission in a condition acceptable for of this chapter. filing by the ‘‘cut-off’’ date specified in a public notice. (d) Reply comments by a party that (c) A license application for GSO-like filed a petition to deny may be filed in satellite operation, as defined in response to pleadings filed pursuant to § 25.158(a)(1), will be entitled to com- paragraph (c) or (e) of this section parative consideration with another within 5 days after expiration of the application only if: time for filing oppositions unless the (1) The application is mutually exclu- Commission extends the filing deadline sive with another application for GSO- and must be in accordance with other like operation; and applicable provisions of §§ 1.41 through (2) The application is received by the 1.52 of this chapter, except that such Commission in a condition acceptable reply comments must be filed elec- for filing at the same millisecond as tronically through the International the other application. Bureau Filing System (IBFS) in ac- [68 FR 51505, Aug. 27, 2003, as amended at 81 cordance with the applicable provisions FR 55333, Aug. 18, 2016] of part 1, subpart Y of this chapter. (e) Within 30 days after a petition to § 25.156 Consideration of applications. deny an application filed pursuant to (a) Applications for a radio station § 25.220 is filed, the applicant may file authorization, or for modification or an opposition to the petition and must renewal of an authorization, will be file a statement with the Commission, granted if, upon examination of the ap- either in conjunction with, or in lieu plication, any pleadings or objections of, such opposition, explaining whether filed, and upon consideration of such the applicant has resolved all out- other matters as it may officially no- standing issues raised by the peti- tice, the Commission finds that the ap- tioner. This statement and any con- plicant is legally, technically, and oth- joined opposition must be in accord- erwise qualified, that the proposed fa- ance with the provisions of §§ 1.41 cilities and operations comply with all through 1.52 of this chapter applicable applicable rules, regulations, and poli- to oppositions to petitions to deny, ex- cies, and that grant of the application cept that such reply comments must be will serve the public interest, conven- filed electronically through the Inter- ience and necessity. national Bureau Filing System (IBFS) (b) [Reserved] in accordance with the applicable pro- (c) Reconsideration or review of any visions of part 1, subpart Y of this final action taken by the Commission will be in accordance with subpart A of chapter. part 1 of this chapter. [56 FR 24016, May 28, 1991, as amended at 69 (d)(1) Applications for NGSO-like sat- FR 47795, Aug. 6, 2004; 70 FR 32254, June 2, ellite operation will be considered pur- 2005; 79 FR 8320, Feb. 12, 2014] suant to the procedures set forth in

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§ 25.157, except as provided in § 25.157(b) will be launched before the space sta- or (i), as appropriate. tion(s) to be replaced is retired from (2) Applications for GSO-like sat- service or within a reasonable time ellite operation will be considered pur- after loss of a space station during suant to the procedures set forth in launch or due to premature failure in § 25.158, except as provided in orbit. § 25.158(a)(2). (2) Paragraphs (e), (f), and (g) of this (3) Applications for both NGSO-like section do not apply to an NGSO FSS satellite operation and GSO-like sat- application granted with a condition to ellite operation in two or more service share spectrum pursuant to § 25.261. bands will be treated as separate appli- (c) Each application for NGSO-like cations for each service band, and each satellite operation that is acceptable service band request will be considered for filing under § 25.112, except replace- pursuant to § 25.157 or § 25.158, as appro- ment applications described in para- priate. graph (b) of this section, will be re- (4) Applications for feeder-link au- viewed to determine whether it is a thority or inter-satellite link author- ‘‘competing application,’’ i.e., filed in ity will be treated like an application response to a public notice initiating a separate from its associated service processing round, or a ‘‘lead applica- band. Each feeder-link request or inter- tion,’’ i.e., all other applications for satellite link request will be considered NGSO-like satellite operation. pursuant to the procedure for applica- (1) Competing applications that are tions for GSO-like operation or NGSO- acceptable for filing will be placed on like operation, as applicable. public notice to provide interested par- (5) [Reserved] ties an opportunity to file pleadings in (6) An application for DBS or DARS response to the application pursuant to services will be entitled to comparative § 25.154. consideration with one or more con- (2) Lead applications that are accept- flicting applications only if: able for filing will be placed on public (i) The application is mutually exclu- notice. This public notice will initiate sive with another application; and a processing round, establish a cut-off (ii) The application is received by the date for competing NGSO-like satellite Commission in a condition acceptable system applications, and provide inter- for filing by the ‘‘cut-off’’ date speci- ested parties an opportunity to file fied in a public notice. pleadings in response to the applica- [56 FR 24016, May 28, 1991, as amended at 68 tion pursuant to § 25.154. FR 51505, Aug. 27, 2003; 81 FR 55333, Aug. 18, (d) After review of each of the appli- 2016; 82 FR 59985, Dec. 18, 2017; 85 FR 43735, cations in the processing round, and all July 20, 2020] the pleadings filed in response to each application, the Commission will grant § 25.157 Consideration of applications all the applications that meet the for NGSO-like satellite operation. standards of § 25.156(a), and deny the (a) This section specifies the proce- other applications. dures for considering license applica- (e)(1) In the event that there is insuf- tions for ‘‘NGSO-like’’ satellite oper- ficient spectrum in the frequency band ation, except as provided in paragraphs available to accommodate all the (b) and (i) of this section. For purposes qualified applicants in a processing of this section, the term ‘‘NGSO-like round, the available spectrum will be satellite operation’’ means: divided equally among the licensees (1) Operation of any NGSO satellite whose applications are granted pursu- system; and ant to paragraph (d) of this section, ex- (2) Operation of a GSO MSS satellite cept as set forth in paragraph (e)(2) of to communicate with earth stations this section. with non-directional antennas. (2) In cases where one or more appli- (b)(1) The procedures in this section cants apply for less spectrum than they do not apply to an application for au- would be warranted under paragraph thority to operate a replacement space (e)(1) of this section, those applicants station(s) that meets the relevant cri- will be assigned the bandwidth amount teria in § 25.165(e)(1) and (2) and that they requested in their applications. In

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those cases, the remaining qualified ties already holding licenses for NGSO- applicants will be assigned the lesser of like satellite operation in that fre- the amount of spectrum they requested quency band will not be permitted to in their applications, or the amount of participate in that processing round. spectrum that they would be assigned (h) Services offered pursuant to an if the available spectrum were divided NGSO-like license in a frequency band equally among the remaining qualified granted before the Commission has applicants. adopted frequency-band-specific service (f)(1) Each licensee will be allowed to rules for that band will be subject to select the particular band segment it the default service rules in § 25.217. wishes to use no earlier than 60 days (i) For consideration of license appli- before they plan to launch the first sat- cations filed pursuant to the proce- ellite in its system, and no later than dures described in § 25.122 or § 25.123, the 30 days before that date, by submitting application will be processed and a letter to the Secretary of the Com- granted in accordance with §§ 25.150 mission. The licensee shall serve copies through 25.156, taking into consider- of this letter to the other participants ation the information provided by the in the processing round pursuant to applicant under § 25.122(d) or § 25.123(c), § 1.47 of this chapter. but without a processing round as de- (2) The licensee shall request contig- scribed in this section and without a uous bandwidth in both the uplink and queue as described in § 25.158. downlink band. Each licensee’s bandwidth selection in both the uplink and [68 FR 51505, Aug. 27, 2003, as amended at 81 downlink band shall not preclude other FR 55334, Aug. 18, 2016; 81 FR 75344, Oct. 31, licensees from selecting contiguous 2016; 82 FR 59985, Dec. 18, 2017; 85 FR 43735, bandwidth. July 20, 2020] (3) If two or more licensees in a proc- § 25.158 Consideration of applications essing round request the same band for GSO-like satellite operation. segment, all licensees other than the first one to request that particular (a)(1) This section specifies the proce- band segment will be required to make dures for considering license applica- another selection. tions for ‘‘GSO-like’’ satellite oper- (g)(1) In the event that a license ation, except as provided in paragraph granted in a processing round pursuant (a)(2) of this section. For purposes of to this section is cancelled for any rea- this section, the term ‘‘GSO-like sat- son, the Commission will redistribute ellite operation’’ means operation of a the bandwidth allocated to that appli- GSO satellite to communicate with cant equally among the remaining ap- earth stations with directional anten- plicants whose licenses were granted nas, including operation of GSO sat- concurrently with the cancelled li- ellites to provide MSS feeder links. cense, unless the Commission deter- (2) The procedures prescribed in this mines that such a redistribution would section do not apply to an application not result in a sufficient number of li- for authority to launch and operate a censees remaining to make reasonably replacement space station that meets efficient use of the frequency band. the relevant criteria in § 25.165(e)(1) and (2) In the event that the redistribu- (e)(2) and that will be launched before tion of bandwidth set forth in para- the space station to be replaced is re- graph (g)(1) of this section would not tired from service or within a reason- result in a sufficient number of licens- able time after loss of a space station ees remaining to make reasonably effi- during launch or due to premature fail- cient use of the frequency band, the ure in orbit. Commission will issue a public notice (b) Except as provided in paragraph initiating a processing round, as set (a)(2) of this section, license applica- forth in paragraph (c) of this section, tions for GSO-like satellite operation, to invite parties to apply for an NGSO- including first-step filings pursuant to like satellite system license to operate § 25.110(b)(3)(i) or (ii), will be placed in a in a portion of the bandwidth made queue and considered in the order that available as a result of the cancellation they are filed, pursuant to the fol- of the initial applicant’s license. Par- lowing procedure:

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(1) The application will be reviewed notice pursuant to § 25.151, and inter- to determine whether it is acceptable ested parties will be given an oppor- for filing within the meaning of § 25.112. tunity to file pleadings pursuant to If not, the application will be returned § 25.154. to the applicant. (3) Each application will be granted if (2) If the application is acceptable for it meets the criteria of paragraph (b)(3) filing under § 25.112, the application of this section, and otherwise will be will be placed on public notice pursu- denied. ant to § 25.151. (4) In the event that two or more ap- (i) For applications filed pursuant to plications are granted pursuant to § 25.110(b)(3)(i) or (b)(3)(ii), the public paragraph (d)(3) of this section, the notice will announce that the Coordi- available bandwidth at the orbital lo- nation Request or Appendix 30B filing cation or locations in question will be has been submitted to the ITU. When divided equally among those licensees. further information is filed pursuant to (5) Licensees whose licenses are § 25.110(b)(3)(iii), it will be reviewed to granted pursuant to paragraph (d)(4) of determine whether it is substantially this section will be allowed to select complete within the meaning of § 25.112. the particular band segment it wishes If so, a second public notice will be to use no earlier than 60 days before issued pursuant to § 25.151 to give inter- they plan to launch the first satellite ested parties an opportunity to file in its system, and no later than 30 days pleadings pursuant to § 25.154. before that date, by submitting a letter (ii) For any other license application to the Secretary of the Commission. for GSO-like satellite operation, the The licensee shall serve copies of this public notice will announce that the letter to the other participants in the application has been found acceptable processing round pursuant to § 1.47 of for filing and will give interested par- this chapter. ties an opportunity to file pleadings (6) Licensees whose licenses are pursuant to § 25.154. granted pursuant to paragraph (d)(4) of (3) The application will be granted this section shall request contiguous only if it meets each of the following bandwidth in both the uplink and criteria: downlink band. Each licensee’s band- (i) After review of the application width selection shall not preclude and any pleadings filed in response to other licensees from selecting contig- that application, the Commission finds uous bandwidth. that the application meets the stand- (7) If two or more licensees whose li- ards of § 25.156(a); and censes are granted pursuant to para- (ii) The proposed satellite will not graph (d)(4) of this section request the cause harmful interference to any pre- same band segment, all licensees other viously licensed operations. than the first one to request that par- (c) A license applicant for GSO-like ticular band segment will be required satellite operation must not transfer, to make another selection. assign, or otherwise permit any other (e) Services offered pursuant to a entity to assume its place in any GSO-like license in a frequency band queue. granted before the Commission has (d) In the event that two or more ap- adopted frequency-band-specific service plications for GSO-like satellite oper- rules for that band will be subject to ation are mutually exclusive within the default service rules in § 25.217. the meaning of § 25.155(c), the Commis- [68 FR 51506, Aug. 27, 2003, as amended at 81 sion will consider those applications FR 55334, Aug. 18, 2016] pursuant to the following procedure: (1) Each application will be reviewed § 25.159 Limits on pending applica- to determine whether it is acceptable tions and unbuilt satellite systems. for filing within the meaning of § 25.112. (a) [Reserved] Any application not found acceptable (b) Applicants with an application for for filing will be returned to the appli- one NGSO-like satellite system license cant. on file with the Commission in a par- (2) All applications that are accept- ticular frequency band, or one licensed- able for filing will be placed on public but-unbuilt NGSO-like satellite system

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in a particular frequency band, other struct its licensed facilities if it were than those filed or licensed under the allowed to file more applications. procedures in § 25.122 or § 25.123, will not (e) For purposes of this section, ‘‘fre- be permitted to apply for another quency band’’ means one of the paired NGSO-like satellite system license in frequency bands available for satellite that frequency band. This paragraph service listed in § 25.202. (b) shall not apply to applicants filing [68 FR 51506, Aug. 27, 2003, as amended at 81 under § 25.122 or § 25.123. FR 55334, Aug. 18, 2016; 85 FR 43735, July 20, (c) If an applicant has an attributable 2020] interest in one or more other entities seeking one or more space station li- FORFEITURE, TERMINATION, AND REIN- censes, the pending applications and li- STATEMENT OF STATION AUTHORIZA- censed-but-unbuilt satellite systems TION filed by those other entities will be counted as filed by the applicant for § 25.160 Administrative sanctions. purposes of the limits on the number of (a) A forfeiture may be imposed for pending space station applications and failure to operate in conformance with licensed-but-unbuilt satellite systems the Communications Act, license speci- in this paragraph. For purposes of this fications, any conditions imposed on an paragraph, an applicant has an ‘‘at- authorization, or any of the Commis- tributable interest’’ in another entity sion’s rules and regulations; or for fail- if: ure to comply with Commission re- (1) It holds equity (including all quests for information needed to com- stockholdings, whether voting or non- plete international coordination or for voting, common or preferred) and debt failure to cooperate in Commission in- interest or interests, in the aggregate, vestigations with respect to inter- exceed thirty-three (33) percent of the national coordination. total asset value (defined as the aggre- (b) A forfeiture will be imposed and gate of all equity plus all debt) of that the station license may be terminated entity, or for the malicious transmissions of any (2) It holds a controlling interest in signal that causes harmful interference that entity, or is the subsidiary of a with any other radio communications party holding a controlling interest in or signals. that entity, within the meaning of 47 (c) A station license may be revoked CFR 1.2110(b)(2). for any repeated and willful violation (3) For purposes of paragraphs (c)(1) of the kind set forth in paragraphs (a) and (c)(2) of this section, ownership in- and (b) of this section. terests shall be calculated on a fully di- (d) The sanctions specified in para- luted basis, i.e., all agreements, such as graphs (a), (b), and (c) of this section warrants, stock options, and convert- will be imposed only after the licensee ible debentures, will generally be treat- has been provided an opportunity to be ed as if the rights thereunder already heard pursuant to titles III and V of have been fully exercised. the Communications Act of 1934, as (d) In the event that a licensee amended. misses three or more milestones within (e) For purposes of this section, the any three-year period, the Commission term ‘‘repeated’’ and ‘‘willful’’ are de- will presume that the licensee obtained fined as set out in section 312(f) of the one or more of those licenses for specu- Communications Act, 47 U.S.C. 312(f). lative purposes. Unless the licensee re- buts this presumption, it will not be § 25.161 Automatic termination of sta- permitted to apply for a GSO-like sat- tion authorization. ellite or an NGSO-like satellite system A station authorization shall be in any frequency band if it has two or automatically terminated in whole or more satellite applications pending, or in part without further notice to the li- two licensed-but-unbuilt satellite sys- censee upon: tems of any kind. This limit will re- (a)(1) The failure to meet an applica- main in effect until the licensee pro- ble milestone specified in § 25.164(a) or vides adequate information to dem- (b), if no authorized space station is onstrate that it is very likely to con- functional in orbit;

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(2) The failure to meet an applicable (b) The receiving earth station is not milestone specified in § 25.164(b)(1) or constructed and placed into service (2), if at least one authorized space sta- within 6 months after completion of co- tion is functional in an authorized ordination; orbit, which failure will result in the (c) The Commission finds that the termination of authority for the space station has been used less than 50% of stations not in orbit as of the mile- the time during any 12 month period; stone date, but allow for technically (d) The Commission finds that the identical replacements; or station has been used for an unlawful (3) The failure to meet any other purpose or otherwise in violation of the milestone or construction requirement Commission’s rules, regulations or imposed as a condition of authoriza- policies; tion. In the case of a space station au- (e) The Commission finds that the ac- thorization when at least one author- tual use of the facility is inconsistent ized space station is functional in with what was set forth in the registrant’s application; or orbit, however, such termination will (f) The Commission finds that the be with respect to only the authoriza- frequency coordination exhibit, upon tion for any space stations not in orbit which the granted registration is as of the milestone date. based, is incomplete or does not con- (b) The expiration of the license form with established coordination term, unless, in the case of an earth procedures. station license, an application for renewal of the license has been filed with § 25.163 Reinstatement. the Commission pursuant to § 25.121(e) (a) A station authorization termi- or, in the case of a space station li- nated in whole or in part under the cense, an application for extension of provisions of § 25.161 may be reinstated the license term has been filed with the if the Commission, in its discretion, de- Commission; or termines that reinstatement would (c) The removal or modification of best serve the public interest, conven- the facilities which renders the station ience and necessity. Petitions for rein- not operational for more than 90 days, statement will be considered only if: unless specific authority is requested. (1) The petition is filed within 30 days (d) The failure to maintain 50 percent after the expiration date set forth in of the maximum number of NGSO § 25.161(a) or § 25.161(b), whichever is ap- space stations authorized for service plicable; following the 9-year milestone period (2) The petition explains the failure as functional space stations in author- to file a timely notification or renewal ized orbits, which failure will result in application; and the termination of authority for the (3) The petition sets forth with speci- space stations not in orbit as of the ficity the procedures that have been es- date of noncompliance, but allow for tablished to ensure timely filings in technically identical replacements. the future. (b) A special temporary authoriza- [56 FR 24016, May 28, 1991, as amended at 68 FR 51507, Aug. 27, 2003; 78 FR 8425, Feb. 6, tion shall automatically terminate 2013; 79 FR 8320, Feb. 12, 2014; 82 FR 59985, upon the expiration date specified Dec. 18, 2017] 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: [56 FR 24016, May 28, 1991, as amended at 81 (a) The request for registration is not FR 55334, Aug. 18, 2016] submitted to the Commission within 3 months of the completion of the fre- § 25.164 Milestones. quency coordination process, except as (a) The recipient of an initial license provided for in § 25.203; for a GSO space station, other than a

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DBS space station, SDARS space sta- the applicable requirements in para- tion, or replacement space station as graph (b) of this section with respect to defined in § 25.165(e), must launch the the NGSO satellites. space station, position it in its as- (h) In cases where the Commission signed orbital location, and operate it grants a satellite authorization in dif- in accordance with the station author- ferent stages, such as a license for a ization no later than 5 years after the satellite system using feeder links or grant of the license, unless a different inter-satellite links, the earliest of the schedule is established by Title 47, milestone schedules will be applied to Chapter I, or the Commission. the entire satellite system. (b)(1) The recipient of an initial au- [68 FR 51507, Aug. 27, 2003, as amended at 69 thorization for an NGSO satellite sys- FR 51587, Aug. 20, 2004; 79 FR 8320, Feb. 12, tem, other than an SDARS system, 2014; 81 FR 55334, Aug. 18, 2016; 82 FR 59985, must launch 50 percent of the max- Dec. 18, 2017] imum number of space stations authorized for service, place them in their as- § 25.165 Surety bonds. signed orbits, and operate them in ac- (a) For all space station licenses cordance with the station authoriza- issued after September 20, 2004, other tion no later than 6 years after the than licenses for DBS space stations, grant of the authorization, unless a dif- SDARS space stations, space stations ferent schedule is established by Title licensed in accordance with § 25.122 or 47, Chapter I. This paragraph does not § 25.123, and replacement space stations apply to replacement NGSO space sta- as defined in paragraph (e) of this sections as defined in § 25.165(e). tion, the licensee must post a bond (2) A licensee that satisfies the re- within 30 days of the grant of its li- quirement in paragraph (b)(1) of this cense. Space station licensed in accord- section must launch the remaining ance with § 25.122 or § 25.123 must post a space stations necessary to complete bond within one year plus 30 days of its authorized service constellation, the grant of the license. Failure to post place them in their assigned orbits, and a bond will render the license null and operate each of them in accordance void automatically. with the authorization no later than (1) An NGSO licensee must have on nine years after the grant of the au- file a surety bond requiring payment in thorization. the event of default as defined in para- (c)–(e) [Reserved] graph (c) of this section, in an amount, (f) A licensee subject to the require- at a minimum, determined according ments in paragraph (a) or (b) of this to the following formula, with the re- section must either demonstrate com- sulting dollar amount rounded to the pliance with the applicable require- nearest $10,000: A = $1,000,000 + ment or notify the Commission in writ- $4,000,000 * D/2192, where A is the ing that the requirement was not met, amount to be paid and D is the lesser of within 15 days after the specified dead- 2192 or the number of days that elapsed line. Compliance with a milestone re- from the date of license grant until the quirement in paragraph (a) or (b) of date when the license was surrendered. this section may be demonstrated by (2) A GSO licensee must have on file certifying pursuant to § 25.121(d) that a surety bond requiring payment in the the space station(s) in question, has, or event of default as defined in paragraph have, been launched and placed in the (c) of this section, in an amount, at a authorized orbital location or non-geo- minimum, determined according to the stationary orbit(s) and that in-orbit following formula, with the resulting operation of the space station or sta- dollar amount rounded to the nearest tions has been tested and found to be $10,000: A = $1,000,000 + $2,000,000 * D/ consistent with the terms of the au- 1827, where A is the amount to be paid thorization. and D is the lesser of 1827 or the num- (g) Licensees of satellite systems ber of days that elapsed from the date that include both NGSO satellites and of license grant until the date when the GSO satellites must meet the require- license was surrendered. ment in paragraph (a) of this section (3) Licensees of satellite systems in- with respect to the GSO satellite(s) and cluding both NGSO space stations and

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GSO space stations that will operate in § 25.110(b)(3)(i) or an Appendix 30B filing the same frequency bands must file a pursuant to § 25.110(b)(3)(ii) must obtain surety bond requiring payment in the a surety bond in the amount of $500,000 event of default as defined in paragraph in accordance with the requirements in (c) of this section, in an amount, at a paragraph (b) of this section for licens- minimum, to be determined according ees. The application will be returned as to the formula in paragraph (a)(1) of defective pursuant to § 25.112 if a copy this section. of the required bond is not filed with (b) The licensee must use a surety the Commission within 30 days after company deemed acceptable within the release of a public notice announcing meaning of 31 U.S.C. 9304 et seq. (See, that the Commission has submitted the e.g., Department of Treasury Fiscal Coordination Request or Appendix 30B Service, Companies Holding Certifi- filing to the ITU. cates of Authority as Acceptable Sure- (g) An applicant will be considered to ties on Federal Bonds and As Accept- be in default with respect to a bond able Reinsurance Companies, 57 FR filed pursuant to paragraph (f) of this 29356, July 1, 1992.) The bond must section if the applicant fails to submit name the U.S. Treasury as beneficiary a complete, acceptable license applica- in the event of the licensee’s default. tion pursuant to § 25.110(b)(3)(iii) for The licensee must provide the Commis- the operation proposed in the initial sion with a copy of the performance application materials filed pursuant to bond, including all details and condi- § 25.110(b)(3)(i) or (b)(3)(ii) within two tions. years of the date of submission of the (c) A licensee will be considered to be initial application materials. in default with respect to a bond filed [68 FR 51507, Aug. 27, 2003, as amended at 69 pursuant to paragraph (a) of this sec- FR 51587, Aug. 20, 2004; 81 FR 55335, Aug. 18, tion if it surrenders the license before 2016; 82 FR 59986, Dec. 18, 2017; 85 FR 43735, meeting an applicable milestone re- July 20, 2020] quirement in § 25.164(a) or (b)(1) or if it fails to satisfy any such milestone. REPORTING REQUIREMENTS FOR SPACE (d) A licensee will be relieved of its STATION OPERATORS bond obligation under paragraph (a) of this section upon a Commission finding § 25.170 Annual reporting require- that the licensee has satisfied the ap- ments. plicable milestone requirement(s) in All operators of U.S.-licensed space § 25.164(a) and (b)(1) for the authoriza- stations and operators of non-U.S.-li- tion. censed space stations granted U.S. (e) A replacement space station is market access must, on June 30 of each one that: year, file a report with the Inter- (1) Is authorized to operate at an or- national Bureau containing the fol- bital location within ±0.15° of the as- lowing information: signed location of a GSO space station (a) Identification of any space sta- to be replaced or is authorized for tion(s) not available for service or oth- NGSO operation and will replace an ex- erwise not performing to specifications isting NGSO space station in its au- as of May 31 of the current year, any thorized orbit, except for space sta- spectrum within the scope of the part tions authorized under § 25.122 or 25 license or market access grant that § 25.123; the space station is unable to use, the (2) Is authorized to operate in the cause(s) of these difficulties, and the same frequency bands, and with the date when the space station was taken same coverage area as the space sta- out of service or the malfunction was tion to be replaced; and identified; and (3) Is scheduled to be launched so (b) A current listing of the names, ti- that it will be brought into use at ap- tles, addresses, email addresses, and proximately the same time as, but no telephone numbers of the points of con- later than, the existing space station is tact for resolution of interference prob- retired. lems and for emergency response. Con- (f) An applicant that has submitted a tact personnel should include those re- Coordination Request pursuant to sponsible for resolution of short term,

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immediate interference problems at used or may be used for telemetry, the system control center, and those tracking, and command communica- responsible for long term engineering tion with the space station(s) in ques- and technical design issues. tion. (c) Construction progress and antici- (b) The information required by para- pated launch dates for authorized re- graph (a) of this section must be filed placement satellites. electronically in the Commission’s NOTE TO § 25.170: Space station operators International Bureau Filing System may also be subject to outage reporting re- (IBFS), in the ‘‘Other Filings’’ tab of quirements in part 4 of this chapter. the space station’s current authoriza- [79 FR 8321, Feb. 12, 2014] tion file. If call sign or location information provided pursuant to paragraph § 25.171 Contact information reporting (a) of this section becomes invalid due requirements. to a change of circumstances, the space If contact information filed in space station operator must file updated in- station application or pursuant to formation in the same manner within § 25.170(b) or § 25.172(a)(1) changes, the 30 days, except with respect to changes operator must file corrected informa- less than 30 days in duration, for which tion electronically in the Commission’s no update is necessary. International Bureau Filing System (IBFS), in the ‘‘Other Filings’’ tab of [79 FR 8321, Feb. 12, 2014] the station’s current authorization file. The operator must file the updated in- § 25.173 Results of in-orbit testing. formation within 10 days. (a) Space station operators must [79 FR 8321, Feb. 12, 2014] measure the co-polarized and cross-polarized performance of space station § 25.172 Requirements for reporting antennas through in-orbit testing and space station control arrangements. submit the measurement data to the (a) The operator of any space station Commission upon request. licensed by the Commission or granted (b) Within 15 days after completing U.S. market access must file the fol- in-orbit testing of a space station li- lowing information with the Commis- censed under this part, the operator sion prior to commencing operation must notify the Commission that such with the space station, or, in the case testing has been completed and certify of a non-U.S.-licensed space station, that the space station’s measured per- prior to commencing operation with formance is consistent with the station U.S. earth stations. authorization and that the space sta- (1) The information required by tion is capable of using its assigned fre- § 25.170(b). quencies or inform the Commission of (2) The call signs of any telemetry, any discrepancy. The licensee must tracking, and command earth sta- also indicate in the filing whether the tion(s) communicating with the space space station has been placed in the as- station from any site in the United signed geostationary orbital location States. (3) The location, by city and country, or non-geostationary orbit. If the li- of any telemetry, tracking, and com- censee files a certification pursuant to mand earth station that communicates this paragraph before the space station with the space station from any point has been placed in its assigned orbit or outside the United States. orbital location, the licensee must sep- (4) Alternatively, instead of listing arately notify the Commission that the the call signs and/or locations of earth space station has been placed in such stations currently used for telemetry, orbit or orbital location within 3 days tracking, and command, the space sta- after such placement and that the station operator may provide 24/7 contact tion’s measured performance is con- information for a satellite control cen- sistent with the station authorization. ter and a list of the call signs of any U.S. earth stations, and the locations [79 FR 8321, Feb. 12, 2014] of any non-U.S. earth stations, that are

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Subpart C—Technical Standards 1626.5–1660.5 MHz: Earth-to-space (B) The use of the frequencies 1544– SOURCE: 30 FR 7176, May 28, 1965; 36 FR 1545 MHz and 1645.5–1646.5 MHz is lim- 2562, Feb. 6, 1971, unless otherwise noted. ited to distress and safety communications. § 25.201 [Reserved] (5) The following frequencies are available for use by the inter-satellite § 25.202 Frequencies, frequency toler- service: ance, and emission limits. 22.55–23.00 GHz (a)(1) In addition to the frequency- 23.00–23.55 GHz use restrictions set forth in § 2.106 of 24.45–24.65 GHz this chapter, the following restrictions 24.65–24.75 GHz apply: 54.25–56.90 GHz (i) In the 27.5–28.35 GHz band, the FSS 57.00–58.20 GHz (Earth-to-space) is secondary to the 65.00–71.00 GHz Upper Microwave Flexible Use Service (6) The following frequencies are authorized pursuant to part 30 of this available for use by the Satellite Dig- chapter, except for FSS operations as- ital Audio Radio Service (SDARS), and sociated with earth stations authorized for any associated terrestrial repeat- pursuant to § 25.136. ers: 2320–2345 MHz (space-to-Earth) (ii) Use of the 37.5–40 GHz band by the (7) The following frequencies are FSS (space-to-Earth) is limited to indi- available for use by the Direct Broad- vidually licensed earth stations. Earth cast Satellite service: stations in this band must not be ubiq- 12.2–12.7 GHz: Space-to-Earth. uitously deployed and must not be used 12.2–12.7 GHz: Space-to-Earth. to serve individual consumers. (8) The following frequencies are (iii) The U.S. non-Federal Table of available for use by Earth Stations on Frequency Allocations, in § 2.106 of this Vessels (ESVs) communicating with chapter, is applicable between Commis- GSO FSS space stations, subject to the sion space station licensees relying on provisions in § 2.106 of this chapter: a U.S. ITU filing and transmitting to or receiving from anywhere on Earth, 3700–4200 MHz (space-to-Earth) 5925–6425 MHz (Earth-to-space) including airborne earth stations, in the 17.7–20.2 GHz or 27.5–30 GHz bands. (9) The following frequencies are (2) [Reserved] available for use by the Broadcasting- (3) The following frequencies are Satellite Service after 1 April 2007: available for use by the non-voice, non- 17.3–17.7 GHz (space-to-Earth) geostationary mobile-satellite service: 17.7–17.8 GHz (space-to-Earth) 137–138 MHz: Space-to-Earth NOTE 1 TO PARAGRAPH (a)(9): Use of the 17.3– 148–150.05 MHz: Earth-to-space 17.7 GHz band by the broadcasting-satellite 399.9–400.05 MHz: Earth-to-space service is limited to geostationary satellite 400.15–401 MHz: Space-to-Earth orbit systems. NOTE 2 TO PARAGRAPH (a)(9): Use of the 17.7– (4)(i) The following frequencies are 17.8 GHz band (space-to-Earth) by the broad- available for use by the 1.6/2.4 GHz Mo- casting-satellite service is limited to trans- bile-Satellite Service: missions from geostationary satellite orbit 1610–1626.5 MHz: User-to-Satellite Link systems to receiving earth stations located 1613.8–1626.5 MHz: Satellite-to-User Link outside of the United States and its Posses- (secondary) sions. In the United States and its Posses- 2483.5–2500 MHz: Satellite-to-User Link sions, the 17.7–17.8 GHz band is allocated on a primary basis to the Fixed Service. (ii) The following frequencies are available for use by the 2 GHz Mobile- (10) The following frequencies are Satellite Service: 2000–2020 MHz: User- available for use by Vehicle-Mounted to-Satellite Link; 2180–2200 MHz: Sat- Earth Stations (VMESs): ellite-to-User Link. 10.95–11.2 GHz (space-to-Earth) (iii)(A) The following frequencies are 11.45–11.7 GHz (space-to-Earth) available for use by the 1.5/1.6 GHz Mo- 11.7–12.2 GHz (space-to-Earth) 14.0–14.5 GHz (Earth-to-space) bile-Satellite Service: 18.3–18.8 GHz (space-to-Earth) 1525–1559 MHz: space-to-Earth 19.7–20.2 GHz (space-to-Earth)

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28.35–28.6 GHz (Earth-to-space) (e) Frequency tolerance, space stations. 29.25–30.0 GHz (Earth-to-space) The carrier frequency of each space (i) The following frequencies are station transmitter authorized in these available for use by Earth Stations in services shall be maintained within Motion (ESIMs) communicating with 0.002 percent of the reference fre- GSO FSS space stations, subject to the quency. provisions in § 2.106 of this chapter: (f) Emission limitations. Except for 10.7–11.7 GHz (space-to-Earth) SDARS terrestrial repeaters and as 11.7–12.2 GHz (space-to-Earth) provided for in paragraph (i), the mean 14.0–14.5 GHz (Earth-to-space) power of emissions shall be attenuated 17.8–18.3 GHz (space-to-Earth) below the mean output power of the 18.3–18.8 GHz (space-to-Earth) 18.8–19.3 GHz (space-to-Earth) transmitter in accordance with the 19.3–19.4 GHz (space-to-Earth) schedule set forth in paragraphs (f)(1) 19.6–19.7 GHz (space-to-Earth) through (f)(4) of this section. The out- 19.7–20.2 GHz (space-to-Earth) of-band emissions of SDARS terrestrial 28.35–28.6 GHz (Earth-to-space) repeaters shall be attenuated in ac- 28.6–29.1 GHz (Earth-to-space) cordance with the schedule set forth in 29.25–30.0 GHz (Earth-to-space) paragraph (h) of this section. (ii) The following frequencies are (1) In any 4 kHz band, the center fre- available for use by Earth Stations in quency of which is removed from the Motion (ESIMs) communicating with assigned frequency by more than 50 NGSO FSS space stations, subject to percent up to and including 100 percent the provisions in § 2.106 of this chapter: of the authorized bandwidth: 25 dB; 10.7–11.7 GHz (space-to-Earth) (2) In any 4 kHz band, the center fre- 11.7–12.2 GHz (space-to-Earth) quency of which is removed from the 14.0–14.5 GHz (Earth-to-space) 17.8–18.3 GHz (space-to-Earth) assigned frequency by more than 100 18.3–18.6 GHz (space-to-Earth) percent up to and including 250 percent 18.8–19.3 GHz (space-to-Earth) of the authorized bandwidth: 35 dB; 19.3–19.4 GHz (space-to-Earth) (3) In any 4 kHz band, the center fre- 19.6–19.7 GHz (space-to-Earth) quency of which is removed from the 19.7–20.2 GHz (space-to-Earth) 28.4–28.6 GHz (Earth-to-space) assigned frequency by more than 250 28.6–29.1 GHz (Earth-to-space) percent of the authorized bandwidth: 29.5–30.0 GHz (Earth-to-space) An amount equal to 43 dB plus 10 times the logarithm (to the base 10) of the (11) [Reserved] (12) The following frequencies are transmitter power in watts; available for use by the mobile-sat- (4) In any event, when an emission ellite service (Earth-to-space) for the outside of the authorized bandwidth reception of Automatic Identification causes harmful interference, the Com- Systems (AIS) broadcast messages mission may, at its discretion, require from ships: greater attenuation than specified in paragraphs (f) (1), (2) and (3) of this sec- 156.7625–156.7875 MHz 156.8125–156.8375 MHz tion. 161.9625–161.9875 MHz (g)(1) Telemetry, tracking, and com- 162.0125–162.0375 MHz mand signals may be transmitted in (b) Other frequencies and associated frequencies within the assigned bands bandwidths of emission may be as- that are not at a band edge only if the signed on a case-by-case basis to space transmissions cause no greater inter- systems under this part in conform- ference and require no greater protec- ance with § 2.106 of this chapter and the tion from harmful interference than Commission’s rules and policies. the communications traffic on the sat- (c) [Reserved] ellite network or have been coordi- (d) Frequency tolerance, Earth stations. nated with operators of authorized co- The carrier frequency of each earth frequency space stations at orbital lo- station transmitter authorized in these cations within six degrees of the as- services shall be maintained within signed orbital location. 0.001 percent of the reference fre- (2) Frequencies, polarization, and quency. coding of telemetry, tracking, and

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command transmissions must be se- ing (REAG) as that in which a SDARS lected to minimize interference into terrestrial repeater is located. other satellite networks. (iii) A SDARS terrestrial repeater is (h) Out-of-band emission limitations for located within 5 kilometers of the SDARS terrestrial repeaters. (1) Any boundary of an MEA or REAG in which SDARS terrestrial repeater operating the WCS licensee is authorized to oper- at a power level greater than 2-watt av- ate a WCS base station. erage EIRP is required to attenuate its (i) The following unwanted emissions out-of-band emissions below the trans- power limits for non-geostationary sat- mitter power P by a factor of not less ellites operating in the inter-satellite than 90 + 10 log (P) dB in a 1-megahertz service that transmit in the 22.55–23.55 bandwidth outside the 2320–2345 MHz GHz band shall apply in any 200 MHz of band, where P is average transmitter the 23.6–24 GHz passive band, based on output power in watts. the date that complete advance publi- (2) Any SDARS terrestrial repeater cation information is received by the operating at a power level equal to or ITU’s Radiocommunication Bureau: less than 2-watt average EIRP is re- (1) For information received before quired to attenuate its out-of-band January 1, 2020: ¥36 dBW. emissions below the transmitter power (2) For information received on or P by a factor of not less than 75 + 10 log after January 1, 2020: ¥46 dBW. (P) dB in a 1-megahertz bandwidth out- (j) For earth stations in the Fixed- side the 2320–2345 MHz band, where P is Satellite Service (Earth-to-space) that average transmitter output power in transmit in the 49.7–50.2 GHz and 50.4– watts. 50.9 GHz bands, the unwanted emission (3) SDARS repeaters are permitted to power in the 50.2–50.4 GHz band shall attenuate out-of-band emissions less not exceed ¥20 dBW/200 MHz (measured than the levels specified in paragraphs at the input of the antenna), except (h)(1) and (h)(2), of this section unless a that the maximum unwanted emission potentially affected WCS licensee pro- power may be increased to ¥10 dBW/200 vides written notice that it intends to MHz for earth stations having an an- commence commercial service within tenna gain greater than or equal to 57 the following 365 days. Starting 180 dBi. These limits apply under clear-sky days after receipt of such written no- conditions. During fading conditions, tice, SDARS repeaters within the area the limits may be exceeded by earth notified by the potentially affected stations when using uplink power con- WCS licensee must attenuate out-of- trol. band emissions to the levels specified [30 FR 7176, May 28, 1965] in paragraphs (h)(1) and (h)(2) of this section. EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 25.202, see the List of CFR (4) For the purpose of this section, a Sections Affected, which appears in the WCS licensee is potentially affected if Finding Aids section of the printed volume it is authorized to operate a base sta- and at www.govinfo.gov. tion in the 2305–2315 MHz or 2350–2360 MHz bands within 25 kilometers of a re- § 25.203 Choice of sites and fre- peater seeking to operate with an out quencies. of band emission attenuation factor (a) Sites and frequencies for earth less than those prescribed in para- stations, other than ESVs, operating in graphs (h)(1) or (2) of this section. frequency bands shared with equal (i) The WCS licensee is authorized to rights between terrestrial and space operate a base station in the 2305–2315 services, shall be selected, to the ex- MHz or 2350–2360 MHz bands in the tent practicable, in areas where the same Major Economic Area (MEA) as surrounding terrain and existing fre- that in which a SDARS terrestrial re- quency usage are such as to minimize peater is located. the possibility of harmful interference (ii) The WCS licensee is authorized to between the sharing services. operate a base station in the 2315–2320 (b) An applicant for an earth station MHz or 2345–2350 MHz bands in the authorization, other than an ESV, in a same Regional Economic Area Group- frequency band shared with equal

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rights with terrestrial microwave serv- terrestrial station, for which a license ices shall compute the great circle co- or construction permit has been grant- ordination distance contour(s) for the ed or for which an application has been proposed station in accordance with accepted for filing, which is or is to be the procedures set forth in § 25.251. The operated in a shared frequency band to applicant shall submit with the appli- be used by the proposed earth station cation a map or maps drawn to appro- and which is located within the great priate scale and in a form suitable for circle coordination distance contour(s) reproduction indicating the location of of the proposed earth station. the proposed station and these con- (2) The earth station applicant shall tours. These maps, together with the provide each such terrestrial station li- pertinent data on which the computa- censee, permittee, and prior filed appli- tion of these contours is based, includ- cant with the technical details of the ing all relevant transmitting and/or re- proposed earth station and the relevant ceiving parameters of the proposed sta- interference analyses that were made. tion that is necessary in assessing the At a minimum, the earth station appli- likelihood of interference, an appro- cant shall provide the terrestrial user priately scaled plot of the elevation of with the following technical informa- the local horizon as a function of azi- tion: muth, and the electrical characteris- (i) The geographical coordinates of tics of the earth station antenna(s), shall be submitted by the applicant in the proposed earth station antenna(s), a single exhibit to the application. The (ii) Proposed operating frequency coordination distance contour plot(s), band(s) and emission(s), horizon elevation plot, and antenna ho- (iii) Antenna center height above rizon gain plot(s) required by this sec- ground and ground elevation above tion may also be submitted in tabular mean sea level, numerical format at 5° azimuthal in- (iv) Antenna gain pattern(s) in the crements instead of graphical format. plane of the main beam, At a minimum, this exhibit shall in- (v) Longitude range of geostationary clude the information listed in para- satellite orbit (GSO) satellites at graph (c)(2) of this section. An earth which antenna may be pointed, for pro- station applicant shall also include in posed earth station antenna(s) access- the application relevant technical de- ing GSO satellites, tails (both theoretical calculations (vi) Horizon elevation plot, and/or actual measurements) of any (vii) Antenna horizon gain plot(s) de- special techniques, such as the use of termined in accordance with § 25.251 for artificial site shielding, or operating satellite longitude range specified in procedures or restrictions at the pro- paragraph (c)(2)(v) of this section, tak- posed earth station which are to be em- ing into account the provisions of ployed to reduce the likelihood of in- § 25.251 for earth stations operating terference, or of any particular charac- with non-geostationary satellites, teristics of the earth station site which (viii) Minimum elevation angle, could have an effect on the calculation of the coordination distance. (ix) Maximum equivalent (c) Prior to the filing of its applica- isotropically radiated power (e.i.r.p.) tion, an applicant for operation of an density in the main beam in any 4 kHz earth station, other than an ESV, band, (dBW/4 kHz) for frequency bands VMES or ESAA, shall coordinate the below 15 GHz or in any 1 MHz band proposed frequency usage with existing (dBW/MHz) for frequency band above 15 terrestrial users and with applicants GHz, for terrestrial station authorizations (x) Maximum available RF transmit with previously filed applications in power density in any 1 MHz band and in accordance with the following proce- any 4 kHz band at the input terminals dure: of the antenna(s), (1) An applicant for an earth station (xi) Maximum permissible RF inter- authorization shall perform an interference power level as determined in ference analysis in accordance with the accordance with § 25.251 for all applica- procedures set forth in § 25.251 for each ble percentages of time, and

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(xii) A plot of great circle coordina- (1) Applicants for a station author- tion distance contour(s) and rain scat- ization to operate in the vicinity of ter coordination distance contour(s) as Boulder County, Colorado under this determined by § 25.251. part are advised to give due consider- (3) The coordination procedures spec- ation, prior to filing applications, to ified in § 101.103 of this chapter and the need to protect the Table Mountain § 25.251 shall be applicable except that Radio Receiving Zone from harmful in- the information to be provided shall be terference. These are the research lab- that set forth in paragraph (c)(2) of this oratories of the Department of Com- section, and that the 30-day period al- merce, Boulder County, Colorado. To lowed for response to a request for co- prevent degradation of the present am- ordination may be increased to a max- bient radio signal level at the site, the imum of 45 days by mutual consent of Department of Commerce seeks to en- the parties. sure that the field strengths of any ra- (4) Where technical problems are re- diated signals (excluding reflected sig- solved by an agreement or operating nals) received on this 1800 acre site (in arrangement between the parties that the vicinity of coordinates 40°07′50″ N would require special procedures be Latitude, 105°14′40″ W Longitude) re- taken to reduce the likelihood of harm- sulting from new assignments (other ful interference (such as the use of arti- than mobile stations) or from the ficial site shielding) or would result in modification or relocation of existing lessened quality or capacity of either facilities do not exceed the following system, the details thereof shall be values: contained in the application. In authorized bandwidth (5) The Commission may, in the of service course of examining any application, Frequency range Field Power flux require the submission of additional strength density 1 showings, complete with pertinent data (mV/m) (dBW/m2) and calculations in accordance with ¥ § 25.251, showing that harmful inter- Below 540 kHz ...... 10 65.8 540 to 1600 kHz ...... 20 ¥59.8 ference is not likely to result from the 1.6 to 470 MHz ...... 10 2¥65.8 proposed operation. 470 to 890 MHz ...... 30 2¥56.2 (6) Multiple antennas in an NGSO Above 890 MHz ...... 1 2¥85.8 FSS gateway earth station complex lo- 1 Equivalent values of power flux density are calculated as- cated within an area bounded by one suming free space characteristic impedance of 376.7 = 120π ohms. second of latitude and one second of 2 Space stations shall conform to the power flux density lim- longitude may be regarded as a single its at the earth’s surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in earth station for purposes of coordina- any 4 kHz band for all angles of arrival. tion with terrestrial services. (d) An applicant for operation of an (2) Advance consultation is rec- earth station, other than an ESV, ommended particularly for those appli- VMES or an ESAA, shall also ascertain cants who have no reliable data which whether the great circle coordination indicates whether the field strength or distance contours and rain scatter co- power flux density figures in the above ordination distance contours, com- table would be exceeded by their pro- puted for those values of parameters posed radio facilities (except mobile indicated in § 25.251 (Appendix 7 of the stations). In such instances, the fol- ITU RR) for international coordina- lowing is a suggested guide for deter- tion, cross the boundaries of another mining whether coordination is rec- Administration. In this case, the appli- ommended: cant shall furnish the Commission cop- (i) All stations within 2.5 kilometers; ies of these contours on maps drawn to (ii) Stations within 5 kilometers with appropriate scale for use by the Com- 50 watts or more average effective radi- mission in effecting coordination of the ated power (ERP) in the primary plane proposed earth station with the Admin- of polarization in the azimuthal direc- istration(s) affected. tion of the Table Mountain Radio Re- (e) Protection for Table Mountain ceiving Zone; Radio Receiving Zone, Boulder County, (iii) Stations within 15 kilometers Colorado. with 1 kW or more average ERP in the

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primary plane of polarization in the az- application to the Commission the date imuthal direction of Table Mountain notification was made to the observ- Receiving Zone; atory. After receipt of such applica- (iv) Stations within 80 kilometers tions, the Commission will allow a pe- with 25 kW or more average ERP in the riod of 20 days for comments or objec- primary plane of polarization in the az- tions in response to the notifications imuthal direction of Table Mountain indicated. If an objection to the pro- Receiving Zone. posed operation is received during the (3) Applicants concerned are urged to 20-day period from the National Radio communicate with the Radio Fre- Astronomy Observatory for itself or on quency Management Coordinator, De- behalf of the Naval Radio Research Ob- partment of Commerce, Research Sup- servatory, the Commission will con- port Services, NOAA R/E5X2, Boulder sider all aspects of the problem and Laboratories, Boulder, CO 80303; tele- take whatever action is deemed appro- phone (303) 497–6548, in advance of filing priate. their applications with the Commis- (g) Protection for Federal Commu- sion. nications Commission monitoring sta- (4) The Commission will not screen tions: applications to determine whether ad- (1) Applicants for authority to oper- vance consultation has taken place. ate a new transmitting earth station in However, applicants are advised that the vicinity of an FCC monitoring sta- such consultation can avoid objections tion or to modify the operation of a from the Department of Commerce or transmitting earth station in a way proceedings to modify any authoriza- that would increase the field strength tion which may be granted which, in produced at such a monitoring station fact, delivers a signal at the site in ex- above that previously authorized cess of the field strength specified should consider the possible need to herein. protect the FCC stations from harmful (f) Notification to the National Radio interference. Geographic coordinates of Astronomy Observatory: In order to min- the facilities that require protection imize possible harmful interference at are listed in § 0.121(c) of this chapter. the National Radio Astronomy Observ- Applications for fixed stations that atory site at Green Bank, Pocahontas will produce field strength greater than County, W. Va., and at the Naval Radio 10 mV/m or power flux density greater Research Observatory site at Sugar than ¥65.8 dBW/m2 in the authorized Grove, Pendleton County, W. Va., any emission bandwidth at any of the ref- applicant for operating authority erenced coordinates may be examined under this part for a new transmit or to determine the extent of possible in- transmit-receive earth station, other terference. Depending on the theo- than a mobile or temporary fixed sta- retical field strength value and exist- tion, within the area bounded by 39°15′ ing root-sum-square or other ambient N. on the north, 78°30′ W. on the east, radio field signal levels at the ref- 37°30′ N. on the south and 80°30′ W. on erenced coordinates, a condition to the west or for modification of an ex- protect the monitoring station may be isting license for such station to included in the station authorization. change the station’s frequency, power, (2) In the event that the calculated antenna height or directivity, or loca- value of the expected field strength ex- tion must, when filing the application ceeds 10 mV/m (¥65.8 dBW/m2) at the with the Commission, simultaneously reference coordinates, or if there is any notify the Director, National Radio As- question whether field strength levels tronomy Observatory, P.O. Box No. 2, might exceed the threshold value, ad- Green Bank, W. Va. 24944, in writing, of vance consultation with the FCC to the technical particulars of the pro- discuss any protection necessary posed station. Such notification shall should be considered. See § 0.401 of this include the geographical coordinates of chapter for contact information. the antenna, antenna height, antenna (3) Advance consultation is suggested directivity if any, proposed frequency, particularly for those applicants who type of emission, and power. In addi- have no reliable data which indicates tion, the applicant shall indicate in his whether the field strength or power

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flux density figure indicated would be (i) Any applicant for a new perma- exceeded by their proposed radio facili- nent transmitting fixed earth station ties (except mobile stations). In such to be located on the island of Puerto instances, the following is a suggested Rico, Desecheo, Mona, Vieques, or guide for determining whether an ap- Culebra, or for modification of an ex- plicant should coordinate: isting authorization to change the fre- (i) All stations within 2.5 kilometers; quency, power, antenna height, direc- (ii) Stations within 5 kilometers with tivity, or location of such a station on 50 watts or more average effective radi- one of these islands in a way that ated power (ERP) in the primary plane would increase the likelihood of caus- of polarization in the azimuthal direc- ing interference, must notify the Inter- tion of the Monitoring Station; ference Office, Arecibo Observatory, (iii) Stations within 15 kilometers HC3 Box 53995, Arecibo, Puerto Rico with 1 kW or more average ERP in the 00612, in writing or electronically, of primary plane of polarization in the az- the technical parameters of the pro- imuthal direction of the Monitoring posal. Applicants may wish to consult Station; interference guidelines, which will be (iv) Stations within 80 kilometers provided by Cornell University. Appli- with 25 kW or more average ERP in the cants who choose to transmit informa- primary plane of polarization in the az- tion electronically should e-mail to: imuthal direction of the Monitoring [email protected]. Station. (1) The notification to the Inter- (4) Advance coordination for stations ference Office, Arecibo Observatory operating above 1000 MHz is rec- shall be made prior to, or simulta- ommended only where the proposed neously with, the filing of the applica- station is in the vicinity of a moni- tion with the Commission. The notifi- toring station designated as a satellite cation must specify the geographical monitoring facility in § 0.121(c) of this coordinates of the antenna (NAD–83 chapter and also meets the criteria datum), antenna height above ground, outlined in paragraphs (g)(2) and (3) of ground elevation at the antenna, an- this section. tenna directivity and gain, proposed (5) The Commission will not screen frequency, relevant FCC rule part, type applications to determine whether ad- of emission, effective radiated power, vance consultation has taken place. and whether the proposed use is However, applicants are advised that itinerant. Generally, submission of the such consultation can avoid objections information in the technical portion of from the Federal Communications the FCC license application is adequate Commission or modification of any au- notification. In addition, the applicant thorization which will cause harmful shall indicate in its application to the interference. Commission the date notification was (h) Sites and frequencies for GSO and made to the Arecibo Observatory. NGSO earth stations, operating in a (2) After receipt of such applications, frequency band where both have a co- the Commission will allow the Arecibo primary allocation, shall be selected to Observatory a period of 20 days for avoid earth station antenna mainlobe- comments or objections in response to to-satellite antenna mainlobe coupling, the notification indicated. The appli- between NGSO systems and between cant will be required to make reason- NGSO and GSO systems, in order to able efforts in order to resolve or miti- minimize the possibility of harmful in- gate any potential interference prob- terference between these services. lem with the Arecibo Observatory and Prior to filing an earth station applica- to file either an amendment to the ap- tion, in bands with co-primary alloca- plication or a modification application, tions to NGSO and GSO earth stations, as appropriate. If the Commission de- the applicant shall coordinate the pro- termines that an applicant has satis- posed site and frequency usage with ex- fied its responsibility to make reason- isting earth station licensees and with able efforts to protect the Observatory current earth station authorization ap- from interference, its application may plicants. be granted.

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(3) The provisions of this paragraph ordination agreements between the op- do not apply to operations that trans- erator(s) of the space station(s) with mit on frequencies above 15 GHz. which the earth station is to commu- (j) Applicants for NGSO 1.6/2.4 GHz nicate and the operator(s) of any other Mobile-Satellite Service/Radio- space station licensed to use the band. determination-Satellite Service feeder (l) [Reserved] links in the 17.7–20.2 GHz and 27.5–30.0 (m) Feeder links to DBS space sta- GHz bands must coordinate with li- tions: censees of FSS and terrestrial-service (1) Each applicant for a license to systems sharing the band to determine construct a new FSS earth station to geographic protection areas around provide feeder-link service to DBS each NGSO MSS/Radiodetermination- Satellite Service feeder-link earth sta- space stations in the frequency band tion. 17.3–17.8 GHz, or to modify any such (k) An applicant for operation of an station currently authorized except earth station, other than an ESV, where the modification is for a new VMES or an ESAA, that will operate station within one kilometer of a cur- with a geostationary satellite or non- rently-licensed earth station and modi- geostationary satellite in a shared fre- fication will not increase the aggregate quency band in which the non-geo- pfd, measured at any point 3–10 meters stationary system is (or is proposed to above the ground, above that generated be) licensed for feeder links, shall dem- by the current earth station, shall onstrate in its applications that its identify a coordination zone around its proposed earth station will not cause proposed new or modified earth station unacceptable interference to any other by the methodology outlined in Annex satellite network that is authorized to 3 of Appendix 7 of the ITU Radio Regu- operate in the same frequency band, or lations, using the following values for certify that the operations of its earth the parameters in Table 9b of Annex 7 station shall conform to established co- of Appendix 7:

Space service des- Fixed-satellite ignation in which the transmitting earth station operates.

Frequency bands 17.3–17.8 (GHz).

Space service des- Broadcasting-satellite ignation in which the receiving earth station operates.

Orbit ...... GSO

Modulation at receiv- N (digital) ing earth station.

Receiving earth station interference parameters and criteria: p0 (%) ...... 0.015

n ...... 2

p (%) ...... 0.015

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NL(dB) ...... 1

Ms (dB) ...... In the area specified In the area specified In the area specified in 47 CFR in 47 CFR in 47 CFR § 25.209(w)(1) and § 25.209(w)(2). § 25.209(w)(3). (4). 4.8 ...... 3.0 ...... 1.8.

W (dB) ...... 4

Receiving earth station parameters: Gm (dBi) ...... 36

Gr ...... 0

εmin ...... 20°

Te (K) ...... 150

Reference bandwidth: B (Hz) ...... 106

Permissible inter- ¥146.8 ...... ¥149.8 ...... ¥152.8. ference power: Pr(p) (dBW) in B

(2) Each applicant for such new or (xi) Maximum available RF transmit modified feeder-link earth station shall power density in any 1 MHz band at the provide the following information to a input terminals of the antenna(s); third-party coordinator of its choice (xii) A plot of the coordination dis- for use in coordination required by this tance contour(s) and rain scatter co- paragraph: ordination distance contour(s) as deter- (i) The geographical coordinates of mined by Table 2 of Section 3 to Appen- the proposed earth station antenna(s); dix 7 of the ITU Radio Regulations. (ii) Proposed operating frequency (3) Each applicant for such new or band(s) and emission(s); modified feeder-link earth stations (iii) Antenna diameter (meters); shall file with its application memo- (iv) Antenna center height above randa of coordination with each li- ground and ground elevation above censee authorized to construct BSS receive earth stations within the coordi- mean sea level; nation zone. (v) Antenna gain pattern(s) in the (n) From December 5, 2021 until De- plane of the main beam; cember 5, 2030, consolidated telemetry, (vi) Longitude range of geostationary tracking, and control (TT&C) oper- satellite orbit (GSO) satellites at ations at no more than four locations which an antenna may be pointed; may be authorized on a primary basis (vii) Horizon elevation plot; to support space station operations, (viii) Antenna horizon gain plot(s) de- and no other TT&C operations shall be termined in accordance with the proce- entitled to interference protection in dure in Section 2.1 of Annex 5 to Ap- the 3.7–4.0 GHz band. pendix 7 of the ITU Radio Regulations; (ix) Minimum elevation angle; [30 FR 7176, May 28, 1965] (x) Maximum equivalent EDITORIAL NOTE: For FEDERAL REGISTER ci- isotropically radiated power (e.i.r.p.) tations affecting § 25.203, see the List of CFR density in the main beam in any 1 MHz Sections Affected, which appears in the Finding Aids section of the printed volume band; and at www.govinfo.gov.

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§ 25.204 Power limits for earth sta- while minimizing interference between tions. networks. (a) In bands shared coequally with (1) Except when paragraphs (e)(2) terrestrial radio communication serv- through (e)(3) of this section apply, ices, the equivalent isotropically radi- transmissions from FSS earth stations ated power transmitted in any direc- in frequencies above 10 GHz may exceed tion towards the horizon by an earth the uplink EIRP and EIRP density lim- station, other than an ESV, operating its specified in the station authoriza- in frequency bands between 1 and 15 tion under conditions of uplink fading GHz, shall not exceed the following due to precipitation by an amount not limits except as provided for in para- to exceed 1 dB above the actual amount graph (c) of this section: of monitored excess attenuation over clear sky propagation conditions. EIRP + 40 dBW in any 4 kHz band for q ≤0° + 40 + 3q dBW in any 4 kHz band for 0° levels must be returned to normal as

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14 GHz band must have a minimum an- § 25.208 Power flux-density limits. tenna diameter of 4.5 m, and the EIRP (a) In the band 3650–4200 MHz, the of any emission in that band should be power flux density at the Earth’s sur- at least 68 dBW and should not exceed face produced by emissions from a 85 dBW. space station for all conditions and for (g) [Reserved] all methods of modulation shall not ex- [48 FR 40255, Sept. 6, 1983, as amended at 58 ceed the following values: FR 13420, Mar. 11, 1993; 61 FR 52307, Oct. 7, ¥152 dB(W/m2) in any 4 kHz band for angles 1996; 62 FR 61457, Nov. 18, 1997; 66 FR 10623, of arrival between 0 and 5 degrees above Feb. 16, 2001; 70 FR 4784, Jan. 31, 2005; 70 FR the horizontal plane; 32255, June 2, 2005; 72 FR 50029, Aug. 29, 2007; ¥152 + (d¥5)/2 dB(W/m2) in any 4 kHz band 74 FR 57098, Nov. 4, 2009; 78 FR 8427, Feb. 6, for angles of arrival d (in degrees) between 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. 5 and 25 degrees above the horizontal 12, 2004; 81 FR 55336, Aug. 18, 2016; 83 FR 34491, plane; and July 20, 2018; 84 FR 53655, Oct. 8, 2019] ¥142 dB(W/m2) in any 4 kHz band for angles of arrival between 25 and 90 degrees above § 25.205 Minimum antenna elevation the horizontal plane angle. These limits relate to the power flux (a) Earth station antennas must not density which would be obtained under transmit at elevation angles less than assumed free-space propagation condi- five degrees, measured from the hori- tions. zontal plane to the direction of max- (b) In the bands 10.95–11.2 and 11.45– imum radiation, in a frequency band 11.7 GHz for GSO FSS space stations shared with terrestrial radio services and 10.7–11.7 GHz for NGSO FSS space or in a frequency band with an alloca- stations, the power flux-density at the tion to space services operating in both Earth’s surface produced by emissions the Earth-to-space and space-to-Earth from a space station for all conditions directions. In other bands, earth sta- and for all methods of modulation shall tion antennas must not transmit at not exceed the lower of the following elevation angles less than three de- values: grees. In some instances, it may be (1) ¥150 dB(W/m2) in any 4 kHz band necessary to specify greater minimum for angles of arrival between 0 and 5 de- ¥ elevation angles because of inter- grees above the horizontal plane; 150 ¥ 2 ference considerations. + (d 5)/2 dB(W/m ) in any 4 kHz band for angles of arrival ( ) (in degrees) be- (b) ESAAs in aircraft on the ground d tween 5 and 25 degrees above the hori- must not transmit at elevation angles zontal plane; and ¥140 dB(W/m2) in any less than three degrees. There is no 4 kHz band for angles of arrival be- minimum angle of antenna elevation tween 25 and 90 degrees above the hori- for ESAAs while airborne. zontal plane; or [81 FR 55336, Aug. 18, 2016] (2) ¥126 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- § 25.206 Station identification. grees above the horizontal plane; ¥126 ¥ 2 The requirement to transmit station + (d 5)/2 dB(W/m ) in any 1 MHz band for angles of arrival ( ) (in degrees) be- identification is waived for all radio d tween 5 and 25 degrees above the hori- stations licensed under this part with zontal plane; and ¥116 dB(W/m2) in any the exception of earth stations subject 1 MHz band for angles of arrival be- to the requirements of § 25.281. tween 25 and 90 degrees above the hori- [79 FR 8322, Feb. 12, 2014] zontal plane.

NOTE TO PARAGRAPH (b): These limits relate § 25.207 Cessation of emissions. to the power flux density, which would be ob- Space stations shall be made capable tained under assumed free-space propagation of ceasing radio emissions by the use of conditions. appropriate devices (battery life, tim- (c) For a GSO space station in the ing devices, ground command, etc.) 17.7–19.7 GHz, 22.55–23.55 GHz, or 24.45– that will ensure definite cessation of 24.75 GHz bands, or for an NGSO space emissions. station in the 22.55–23.55 GHz or 24.45–

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24.75 GHz bands, the PFD at the Earth’s surface by emissions from a Earth’s surface produced by emissions space station under assumed free-space for all conditions and for all methods propagation conditions shall not ex- of modulation must not exceed the fol- ceed ¥95 dB (W/m2) for all angles of ar- lowing values: rival. This limit may be exceeded by up (1) ¥115 dB (W/m2) in any 1 MHz band to 3 dB for no more than 5% of the for angles of arrival between 0 and 5 de- time. grees above the horizontal plane. (e)–(m) [Reserved] (2) ¥115 + 0.5 (d-5) dB (W/m2) in any 1 MHz band for angles of arrival d (in de- (n) The power-flux density at the grees) between 5 and 25 degrees above Earth’s surface produced by emissions the horizontal plane. from a space station in the Fixed-Sat- (3) ¥105 dB (W/m2) in any 1 MHz band ellite Service (space-to-Earth), for all for angles of arrival between 25 and 90 conditions and for all methods of mod- degrees above the horizontal plane. ulation, shall not exceed the limits (d) In addition to the limits specified given in Table N. These limits relate to in paragraph (c) of this section, the the power flux-density which would be power flux-density across the 200 MHz obtained under assumed free-space con- band 18.6–18.8 GHz produced at the ditions.

TABLE N—LIMITS OF POWER-FLUX DENSITY FROM SPACE STATIONS IN THE BAND 6700–7075 MHZ

Limit in dB (W/m2) for angle of arrival (d) above the horizontal plane Reference band- Frequency band width 0°–5° 5°–25° 25°–90°

6700–6825 MHz ...... ¥137 ...... ¥137 + 0.5(d¥5) ¥127 ...... 1 MHz. 6825–7075 MHz ...... ¥154 ...... ¥154 + 0.5(d¥5) ¥144 ...... 4 kHz. and and and ¥134 ...... ¥134 + 0.5(d¥5) ¥124 ...... 1 MHz.

(o) In the band 12.2–12.7 GHz, for ¥115 dB(W/m2) in any 1 MHz band for NGSO FSS space stations, the specified angles of arrival between 0 and 5 de- low-angle power flux-density at the grees above the horizontal plane; Earth’s surface produced by emissions ¥115 + 0.5(¥5) dB(W/m2) in any 1 MHz from a space station shall not be ex- band for angles of arrival between 5 ceeded into an operational MVDDS re- and 25 degrees above the horizontal ceiver: plane; ¥ 2 (1) ¥158 dB(W/m2) in any 4 kHz band 105 dB(W/m ) in any 1 MHz band for for angles of arrival between 0 and 2 de- angles of arrival between 25 and 90 degrees above the horizontal plane. grees above the horizontal plane; and These limits relate to the power flux- ¥ ¥ 2 (2) 158 + 3.33(d 2) dB(W/m ) in any 4 density which would be obtained under kHz band for angles of arrival (d) (in assumed free-space propagation condi- degrees) between 2 and 5 degrees above tions. the horizontal plane. (q) In the band 37.5–40.0 GHz, the NOTE TO PARAGRAPH (o): These limits relate power flux-density at the Earth’s sur- to the power flux density, which would be ob- face produced by emissions from a geo- tained under assumed free-space propagation stationary space station for all meth- conditions. ods of modulation shall not exceed the following values. (p) The power flux-density at the (1) This limit relates to the power Earth’s surface produced by emissions flux-density which would be obtained from a space station in either the under assumed free space conditions Earth exploration-satellite service in (that is, when no allowance is made for the band 25.5–27 GHz or the inter-sat- propogation impairments such as rain- ellite service in the band 25.25–27.5 GHz fade): for all conditions and for all methods ¥139 dB(W/m2) in any 1 MHz band for of modulation shall not exceed the fol- angles of arrival between 0 and 5 de- lowing values: grees above the horizontal plane;

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¥139 + 4/3 (d¥5) dB(W/m2) in any 1 grees) between 5 and 25 degrees above MHz band for angles of arrival d (in de- the horizontal plane; and grees) between 5 and 20 degrees above ¥117 dB(W/m2) in any 1 MHz band for the horizontal plane; and angles of arrival between 25 and 90 de- ¥119 + 0.4 (d¥20) dB(W/m2) in any 1 grees above the horizontal plane; MHz band for angles of arrival d (in de- (2) This limit relates to the max- grees) between 20 and 25 degrees above imum power flux-density which would the horizontal plane; be obtained anywhere on the surface of ¥ 2 117 dB(W/m ) in any 1 MHz band for the Earth during periods when FSS angles of arrival between 25 and 90 de- system raises power to compensate for grees above the horizontal plane; rain-fade conditions at the FSS Earth (2) This limit relates to the max- station: imum power flux-density which would ¥ 2 be obtained anywhere on the surface of 120 dB(W/m ) in any 1 MHz band for the Earth during periods when FSS angles of arrival between 0 and 5 de- system raises power to compensate for grees above the horizontal plane; rain-fade conditions at the FSS Earth ¥120 + 0.75 (d¥5) dB(W/m2) in any 1 station: MHz band for angles of arrival d (in de- ¥127 dB(W/m2) in any 1 MHz band for grees) between 5 and 25 degrees above angles of arrival between 0 and 5 de- the horizontal plane; and grees above the horizontal plane; ¥105 dB(W/m2) in any 1 MHz band for ¥127 + 4/3 (d¥5) dB(W/m2) in any 1 angles of arrival between 25 and 90 de- MHz band for angles of arrival d (in degrees above the horizontal plane. grees) between 5 and 20 degrees above the horizontal plane; and NOTE TO PARAGRAPH (r): The conditions under which satellites may exceed these ¥107 + 0.4 ( ¥20) dB(W/m2) in any 1 d power flux-density limits for normal free MHz band for angles of arrival d (in de- space propagation described in paragraph grees) between 20 and 25 degrees above (q)(1) to compensate for the effects of rain the horizontal plane; fading are under study and have therefore ¥105 dB(W/m2) in any 1 MHz band for not yet been defined. Such conditions and angles of arrival between 25 and 90 de- the extent to which these limits can be ex- grees above the horizontal plane. ceeded will be the subject of a further rulemaking by the Commission on the satellite NOTE TO PARAGRAPH (q): The conditions service rules. under which satellites may exceed the power flux-density limits for normal free space (s) In the 40.0–40.5 GHz band, the propagation described in paragraph (p)(1) to power flux density at the Earth’s sur- compensate for the effects of rain fading are face produced by emissions from a under study and have therefore not yet been defined. Such conditions and the extent to space station for all conditions and for which these limits can be exceeded will be all methods of modulation shall not ex- the subject of a further rulemaking by the ceed the following values: Commission on the satellite service rules. ¥115 dB(W/m2) in any 1 MHz band for (r) In the band 37.5–40.0 GHz, the angles of arrival between 0 and 5 de- power flux-density at the Earth’s sur- grees above the horizontal plane; face produced by emissions from a non- ¥115 + 0.5 (d¥5) dB(W/m2) in any 1 geostationary space station for all MHz band for angles of arrival d (in de- methods of modulation shall not ex- grees) between 5 and 25 degrees above ceed the following values: the horizontal plane; and (1) This limit relates to the power ¥105 dB(W/m2) in any 1 MHz band for flux-density which would be obtained angles of arrival between 25 and 90 de- under assumed free space conditions grees above the horizontal plane; (that is, when no allowance is made for propogation impairments such as rain- NOTE TO PARAGRAPH (s): These limits relate fade): to the power flux-density that would be obtained under assumed free-space propagation ¥ 2 132 dB(W/m ) in any 1 MHz band for conditions. angles of arrival between 0 and 5 degrees above the horizontal plane; (t) In the band 40.5–42.0 GHz, the ¥132 + 0.75 (d¥5) dB(W/m2) in any 1 power flux density at the Earth’s sur- MHz band for angles of arrival d (in de- face produced by emissions from a non- 227

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geostationary space station for all con- ¥131 dB (W/m∧2) in 4 kHz and for all ditions and for all methods of modula- angles of arrival between 25 and 90 de- tion shall not exceed the following val- grees above the horizontal plane. ues: (2) ¥126 dB (W/m∧2) in 1 MHz for all ¥115 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- angles of arrival between 0 and 5 degrees above the horizontal plane; ¥126 grees above the horizontal plane; dB (W/m∧2) + 0.65(d ¥5) in 1 MHz for all ¥115 + 0.5 (d¥5) dB(W/m2) in any 1 angles of arrival between 5 and 25 de- MHz band for angles of arrival d (in degrees above the horizontal plane; and grees) between 5 and 25 degrees above ¥113 dB (W/m∧2) in 1 MHz and for all the horizontal plane; and angles of arrival between 25 and 90 de- ¥105 dB(W/m2) in any 1 MHz band for grees above the horizontal plane. angles of arrival between 25 and 90 de- (w) The power flux density at the grees above the horizontal plane; Earth’s surface produced by emissions from a 17/24 GHz BSS space station op- NOTE TO PARAGRAPH (t): These limits relate to the power flux density that would be ob- erating in the 17.3–17.7 GHz band for all tained under assumed free-space propagation conditions and all methods of modula- conditions. tion must not exceed the regional power flux density levels prescribed in (u) In the band 40.5–42.0 GHz, the paragraphs (w)(1) through (4) of this power flux-density at the Earth’s sur- section. face produced by emissions from a geo- (1) In the region of the contiguous stationary space station for all condi- United States, located south of 38° tions and for all methods of modula- North Latitude and east of 100 West tion shall not exceed the following val- Longitude: ¥115 dBW/m2/MHz. ues: (2) In the region of the contiguous ¥ 2 120 dB(W/m ) in any 1 MHz band for United States, located north of 38° angles of arrival between 0 and 5 de- North Latitude and east of 100° West grees above the horizontal plane; Longitude: ¥118 dBW/m2/MHz. ¥ ¥ 2 120 + (d 5) dB(W/m ) in any 1 MHz (3) In the region of the contiguous band for angles of arrival d (in degrees) United States, located west of 100 West between 5 and 15 degrees above the hor- Longitude: ¥121 dBW/m2/MHz. izontal plane; (4) For all regions outside of the con- ¥ ¥ 2 110 + 0.5 (d 15) dB(W/m ) in any 1 tiguous United States including Alaska MHz band for angles of arrival d (in de- and Hawaii: ¥115 dBW/m2/MHz. grees) between 15 and 25 degrees above the horizontal plane; and NOTE TO PARAGRAPH (w): These limits per- ¥105 dB(W/m2) in any 1 MHz band for tain to the power flux-density that would be angles of arrival between 25 and 90 de- obtained under assumed free-space propagation conditions. grees above the horizontal plane; [48 FR 40255, Sept. 6, 1983] NOTE TO PARAGRAPH (u): These limits relate to the power flux-density that would be EDITORIAL NOTE: For FEDERAL REGISTER ci- obtained under assumed free-space propaga- tations affecting § 25.208, see the List of CFR tion conditions. Sections Affected, which appears in the Finding Aids section of the printed volume (v) In the band 2496–2500 MHz, the and at www.govinfo.gov. power flux-density at the Earth’s surface produced by emissions from non- § 25.209 Earth station antenna per- geostationary space stations for all formance standards. conditions and all methods of modula- (a) Except as provided in paragraph tion shall not exceed the following val- (f) of this section, the co-polarization ues (these values are obtained under gain of any earth station antenna oper- assumed free-space propagation condi- ating in the FSS and transmitting to a tions): GSO satellite, including earth stations (1) ¥144 dB (W/m∧2) in 4 kHz for all providing feeder links for satellite angles of arrival between 0 and 5 de- services other than FSS, may not ex- grees above the horizontal plane; ¥144 ceed the following limits: dB (W/m∧2) + 0.65(d ¥5) in 4 kHz for all (1) In the plane tangent to the GSO angles of arrival between 5 and 25 de- arc, as defined in § 25.103, for earth sta- grees above the horizontal plane; and tions not operating in the conventional

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Ku-band, the 24.75–25.25 GHz band, or the 28.35–30 GHz band:

29–25log10q ...... dBi for 1.5° ≤ q ≤ 7°. 8 ...... dBi for 7° < q ≤ 9.2°. 32–25log10q ...... dBi for 9.2° < q ≤ 48°. ¥10 ...... dBi for 48° < q ≤ 180°.

Where q is the angle in degrees from a in 10% of the range of q angles from ±7– line from the earth station antenna to 180°, and by up to 6 dB in the region of the assigned orbital location of the tar- main reflector spillover energy. get satellite, and dBi refers to dB rel- (2) In the plane tangent to the GSO ative to an isotropic radiator. This en- arc, for earth stations operating in the velope may be exceeded by up to 3 dB conventional Ku-band:

29–25log10q ...... dBi for 1.5° ≤ q ≤ 7°. 8 ...... dBi for 7° < q ≤ 9.2°. 32–25log10q ...... dBi for 9.2° < q ≤ 19.1°. 0 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- 180°, and by up to 6 dB in the region of graph (a)(1) of this section. This enve- main reflector spillover energy. lope may be exceeded by up to 3 dB in (3) In the plane tangent to the GSO 10% of the range of q angles from ±7– arc, for earth stations operating in the 24.75–25.25 GHz or 28.35–30 GHz bands:

29–25log10q ...... dBi for 2° ≤ q ≤ 7°. 8 ...... dBi for 7° < q ≤ 9.2°. 32–25log10q ...... dBi for 9.2° < q ≤ 19.1°. 0 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- (4) In the plane perpendicular to the graph (a)(1) of this section. This enve- GSO arc, as defined in § 25.103, for earth lope may be exceeded by up to 3 dB in stations not operating in the conven- 10% of the range of q angles from ±7– tional Ku-band, the 24.75–25.25 GHz 180°, and by up to 6 dB in the region of band, or the 28.35–30 GHz band: main reflector spillover energy. Outside the main beam, the gain of the antenna shall lie below the envelope defined by:

32–25log10q ...... dBi for 3° < q ≤ 48°. ¥10 ...... dBi for 48° < q ≤ 180°.

Where q and dBi are as defined in para- (5) In the plane perpendicular to the graph (a)(1) of this section. This enve- GSO arc, for earth stations operating lope may be exceeded by up to 6 dB in in the conventional Ku-band: 10% of the range of q angles from ±3– Outside the main beam, the gain of 180°, and by up to 6 dB in the region of the antenna shall lie below the enve- main reflector spillover energy. lope defined by:

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32–25log10q ...... dBi for 3° < q ≤ 19.1°. 0 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- (6) In the plane perpendicular to the graph (a)(1) of this section. This enve- GSO arc, for earth stations operating lope may be exceeded by up to 6 dB in in the 24.75–25.25 GHz or 28.35–30 GHz 10% of the range of q angles from ±3– bands: 180°, and by up to 6 dB in the region of Outside the main beam, the gain of main reflector spillover energy. the antenna shall lie below the envelope defined by:

32–25log10q ...... dBi for 3.5° < q ≤ 7°. 10.9 ...... dBi for 7° < q ≤ 9.2°. 35–25log10q ...... dBi for 9.2° < q ≤ 19.1°. 3 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- transmission from an FSS earth sta- graph (a)(1) of this section. This enve- tion to a GSO satellite, including earth lope may be exceeded by up to 6 dB in stations providing feeder links for sat- 10% of the range of q angles from ±3– ellite services other than FSS, may not 180°, and by up to 6 dB in the region of exceed the following limits: main reflector spillover energy. (1) In the plane tangent to the GSO (b) Except as provided in paragraph arc, for earth stations not operating in (f) of this section, the off-axis cross-po- the 24.75–25.25 GHz or 28.35–30 GHz larization gain of any antenna used for bands:

19–25log10q ...... dBi for 1.8° < q ≤ 7°.

Where q and dBi are as defined in para- (2) In the plane perpendicular to the graph (a)(1) of this section. GSO arc, for earth stations not operating in the 24.75–25.25 GHz or 28.35–30 GHz bands:

19–25log10q ...... dBi for 3° < q ≤ 7°.

Where q and dBi are as defined in para- GSO arc, for earth stations operating graph (a)(1) of this section. in the 24.75–25.25 GHz or 28.35–30 GHz (3) In the plane tangent to the GSO bands: arc or in the plane perpendicular to the

19–25log10q ...... dBi for 2° < q ≤ 7°.

Where q and dBi are as defined in para- is not entitled to protection from in- graph (a)(1) of this section. terference from authorized operation of (c)(1) An earth station licensed for other stations that would not cause operation with a GSO FSS space sta- harmful interference to that earth station or registered for reception of tion if it were using an antenna with transmissions from such a space sta- receive-band gain patterns conforming tion pursuant to § 25.115(b)(1) and (b)(3)

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to the levels specified in paragraphs (a) skew angle experienced at any location and (b) of this section. at which the earth station may be lo- (2) A 17/24 GHz BSS telemetry earth cated. station is not entitled to protection (f) A GSO FSS earth station with an from harmful interference from au- antenna that does not conform to the thorized space station operation that applicable standards in paragraphs (a) would not cause harmful interference and (b) of this section will be author- to that earth station if it were using an ized only if the applicant demonstrates antenna with receive-band gain pat- that the antenna will not cause unac- terns conforming to the levels specified ceptable interference. This demonstra- in paragraphs (a) and (b) of this section must show that the transmissions tion. Receive-only earth stations in the of the earth station comport with the 17/24 GHz BSS are entitled to protection from harmful interference caused requirements in § 25.218 or the appli- by other space stations to the extent cant must demonstrate that the oper- indicated in § 25.224. ations of the earth station have been (d) [Reserved] coordinated under § 25.220. (e) An earth station using asymmet- (g) [Reserved] rical antennas without skew angle ad- (h) The gain of any transmitting an- justment capability must comply with tenna in a gateway earth station com- the gain values specified in paragraph municating with NGSO FSS satellites (a)(1) of this section, in the plane or- in the 10.7–11.7 GHz, 12.75–13.15 GHz, thogonal to the to the main plane of 13.2125–13.25 GHz, 13.8–14.0 GHz, and/or the antenna, or, alternatively, in the 14.4–14.5 GHz bands must lie below the plane corresponding to the maximum envelope defined as follows:

29–25log10(q) ...... dBi for 1° ≤ q ≤ 36°. ¥10 ...... dBi for 36° ≤ q ≤ 180°.

Where q and dBi are as defined in para- assigned frequency band is at least 27 graph (a)(1) of this section. This enve- dB within the primary coverage area. lope may be exceeded by up to 3 dB in (d)–(e) [Reserved] 10% of the range of q angles from ±7– (f) All space stations in the Fixed- 180°. Satellite Service operating in any por- [48 FR 40255, Sept. 6, 1983, as amended at 50 tion of the 3600–4200 MHz, 5091–5250 FR 2675, Jan. 18, 1985; 50 FR 39004, Sept. 26, MHz, 5850–7025 MHz, 10.7–12.7 GHz, 12.75– 1985; 58 FR 13420, Mar. 11, 1993; 66 FR 10630, 13.25 GHz, 13.75–14.5 GHz, 15.43–15.63 Feb. 16, 2001; 70 FR 32255, June 2, 2005; 72 FR GHz, 18.3–20.2 GHz, 24.75–25.25 GHz, or 50029, Aug. 29, 2007; 73 FR 70901, Nov. 24, 2008; 27.5–30.0 GHz bands, including feeder 74 FR 57099, Nov. 4, 2009; 78 FR 8427, Feb. 6, links for other space services, and in 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. the Broadcasting-Satellite Service in 12, 2014; 81 FR 55336, Aug. 18, 2016; 83 FR 34491, July 20, 2018; 84 FR 53655, Oct. 8, 2019; 85 FR the 17.3–17.8 GHz band (space-to-Earth), 44787, July 24, 2020] shall employ state-of-the-art full frequency reuse, either through the use of § 25.210 Technical requirements for orthogonal polarizations within the space stations. same beam and/or the use of spatially (a)–(b) [Reserved] independent beams. This requirement (c) Space station antennas operating does not apply to telemetry, tracking, in the Direct Broadcast Satellite Serv- and command operation. ice or operating in the Fixed-Satellite (g)–(h) [Reserved] Service for reception of feeder links for (i) 17/24 GHz BSS space station anten- Direct Broadcast Satellite Service nas transmitting in the 17.3–17.8 GHz must be designed to provide a cross-po- band must be designed to provide a larization isolation such that the ratio cross-polarization isolation such that of the on-axis co-polar gain to the the ratio of the on axis co-polar gain to cross-polar gain of the antenna in the the cross-polar gain of the antenna in

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the assigned frequency band is at least not required to make subsequent video 25 dB within its primary coverage area. test transmissions if subsequent trans- (j) Space stations operated in the missions are conducted using exactly geostationary satellite orbit must be the same parameters as the initial maintained within 0.05° of their as- transmission. signed orbital longitude in the east/ (d) An earth station may be routinely west direction, unless specifically au- licensed for transmission of full-trans- thorized by the Commission to operate ponder analog video services in the with a different longitudinal tolerance, 5925–6425 MHz band or 14.0–14.5 GHz and except as provided in Section band provided: 25.283(b) (End-of-life Disposal). (1) The application includes certifi- [58 FR 13420, Mar. 11, 1993, as amended at 61 cation, pursuant to § 25.132(a)(1), of con- FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, formance with the antenna perform- 1997; 62 FR 61457, Nov. 18, 1997; 68 FR 51508, ance standards in § 25.209(a) and (b); Aug. 27, 2003; 69 FR 54587, Sept. 9, 2004; 70 FR (2) For transmission in the 5925–6425 32256, June 2, 2005; 72 FR 50029, Aug. 29, 2007; MHz band, the input power into the an- 78 FR 8428, Feb. 6, 2013; 79 FR 8323, Feb. 12, tenna will not exceed 26.5 dBW; or 2014; 81 FR 55338, Aug. 18, 2016; 83 FR 34491, July 20, 2018] (3) For transmission in the 14.0–14.5 GHz band, the input power into the an- § 25.211 Analog video transmissions in tenna will not exceed 27 dBW. the FSS. (e) Applications for authority for (a) [Reserved] analog video uplink transmission in (b) All conventional C-band analog the 5925–6425 MHz or 14.0–14.5 GHz video transmissions must contain an bands that are not eligible for routine energy dispersal signal at all times processing under paragraph (d) of this with a minimum peak-to-peak band- section are subject to the requirements width set at whatever value is nec- of § 25.220. essary to meet the power flux density [58 FR 13421, Mar. 11, 1993, as amended at 61 limits specified in § 25.208(a) and suc- FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, cessfully coordinated internationally 1997; 70 FR 32256, June 2, 2005; 78 FR 8428, and accepted by adjacent U.S. satellite Feb. 6, 2013; 79 FR 8323, Feb. 12, 2014; 81 FR operators based on the use of state of 55338, Aug. 18, 2016] the art space and earth station facilities. All transmissions in frequency § 25.212 Narrowband analog trans- bands described in § 25.208(b) and (c) missions and digital transmissions in the GSO FSS. must also contain an energy dispersal signal at all times with a minimum (a) Except as otherwise provided by peak-to-peak bandwidth set at what- this part, criteria for unacceptable lev- ever value is necessary to meet the els of interference caused by other sat- power flux density limits specified in ellite networks shall be established on § 25.208(b) and (c) and successfully co- the basis of nominal operating condi- ordinated internationally and accepted tions and with the objective of mini- by adjacent U.S. satellite operators mizing orbital separations between sat- based on the use of state of the art ellites. space and earth station facilities. (b) Emissions with an occupied band- (c) All initial analog video trans- width of less than 2 MHz are not pro- missions shall be preceded by a video tected from interference from wider test transmission at an uplink e.i.r.p. bandwidth transmissions if the r.f. car- at least 10 dB below the normal oper- rier frequency of the narrowband signal ating level. The earth station operator is within ±1 MHz of one of the fre- shall not increase power until receiving quencies specified in § 25.211(a). notification from the satellite network (c)(1) An earth station, other than an control center that the frequency and ESIM, may be routinely licensed for polarization alignment are satisfactory analog transmissions in the conven- pursuant to the procedures specified in tional Ku-band or the extended Ku- § 25.272. The stationary earth station band with bandwidths up to 200 kHz (or operator that has successfully trans- up to 1 MHz for command carriers at mitted an initial video test signal to a the band edge) if the input power spec- satellite pursuant to this paragraph is tral density into the antenna will not

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exceed ¥8 dBW/4 kHz, and the applica- in shared frequencies to the same tar- tion includes certification pursuant to get satellite receiving beam may be § 25.132(a)(1) of conformance with the routinely processed if the applicant antenna gain performance require- certifies that the aggregate off-axis ments in § 25.209(a) and (b). EIRP density from all co-frequency (2) An earth station may be routinely earth stations transmitting simulta- licensed for digital transmission, in- neously to the same target satellite re- cluding digital video transmission, in ceiving beam, not resulting from col- the conventional Ku-band, or, except liding data bursts transmitted pursu- for an ESIM, in the extended Ku-band, ant to a contention protocol, will not if input power spectral density into the exceed the applicable off-axis EIRP antenna will not exceed ¥14 dBW/4 kHz density limits permissible for a single and the application includes certifi- earth station, as specified in § 25.218. cation pursuant to § 25.132(a)(1) of con- (h) Applications for authority for formance with the antenna gain per- fixed earth station operation in the formance requirements in § 25.209(a) conventional C-band, the extended C- and (b). band, the conventional Ku-band, the (d) An individual earth station may extended Ku-band or the conventional be routinely licensed for digital trans- Ka-band that do not qualify for routine mission in the conventional C-band or, processing under relevant criteria in except for an ESIM, in the extended C- this section, § 25.211, or § 25.218 are sub- band, if the applicant certifies con- ject to the requirements in § 25.220. formance with relevant antenna per- [58 FR 13421, Mar. 11, 1993, as amended at 62 formance standards in § 25.209(a) and FR 5931, Feb. 10, 1997; 62 FR 51378, Oct. 1, 1997; (b), and power density into the antenna 70 FR 32256, June 2, 2005; 70 FR 33376, June 8, will not exceed ¥2.7 dBW/4 kHz. An in- 2005; 72 FR 50030, Aug. 29, 2007; 73 FR 70902, dividual earth station, other than an Nov. 24, 2008; 78 FR 8428, Feb. 6, 2013; 79 FR ESIM, may be routinely licensed for 8323, Feb. 12, 2014; 81 FR 55338, Aug. 18, 2016; analog transmission with carrier 84 FR 53655, Oct. 8, 2019] bandwidths up to 200 kHz (or up to 1 § 25.213 Inter-Service coordination re- MHz for command carriers at the band quirements for the 1.6/2.4 GHz Mo- edge) in the conventional C-band or the bile-Satellite Service. extended C-band, if the applicant certifies conformance with relevant an- (a) Protection of the radio astronomy tenna performance standards in service in the 1610.6–1613.8 MHz band § 25.209(a) and (b), and power density against interference from 1.6/2.4 GHz into the antenna will not exceed +0.5 Mobile-Satellite Service systems. dBW/4 kHz. (1) Protection zones. All 1.6/2.4 GHz (e) An earth station may be routinely Mobile-Satellite Service systems shall licensed for digital transmission in the be capable of determining the position 28.35–28.6 GHz and/or 29.25–30.0 GHz of the user transceivers accessing the bands if the input power spectral den- space segment through either internal sity into the antenna will not exceed radiodetermination calculations or ex- 3.5 dBW/MHz and the application internal sources such as LORAN–C or the cludes certification pursuant to Global Positioning System. (i) In the band 1610.6–1613.8 MHz, § 25.132(a)(1) of conformance with the within a 160 km radius of the following antenna gain performance require- radio astronomy sites: ments in § 25.209(a) and (b). (f) In the 24.75–25.25 GHz band, an Observatory Latitude Longitude earth station that meets the antenna (DMS) (DMS) gain pattern requirements set forth in Arecibo, PR ...... 18 20 46 66 45 11 § 25.209(a) and (b) of this part may be Green Bank Telescope, WV ...... 38 25 59 79 50 24 routinely licensed if the maximum 38 26 09 79 49 42 Very Large Array, NM ...... 34 04 43 107 37 04 power density into the antenna does Owens Valley, CA ...... 37 13 54 118 17 36 not exceed 3.5 dBW/MHz. Ohio State, OH ...... 40 15 06 83 02 54 (g) A license application for earth station operation in a network using (ii) In the band 1610.6–1613.8 MHz, variable power density control of earth within a 50 km radius of the following stations transmitting simultaneously sites:

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(vi) The ESMU shall notify Mobile- Observatory Latitude Longitude (DMS) (DMS) Satellite Service space station licens- Pile Town, NM ...... 34 18 04 108 07 07 ees authorized to operate mobile earth Los Alamos, NM ...... 35 46 30 106 14 42 stations 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 graphs (a)(1)(i) through (iv) of this sec- Hancock, NH ...... 42 56 01 71 59 12 tion, as applicable, after the first position fix of the mobile earth station ei- (iii) Out-of-band emissions of a mobile earth station licensed to operate ther 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 station. Once the MHz band at any radio astronomy site Mobile-Satellite Service system deter- listed in paragraph (a)(1) (i) or (ii) of mines that a mobile earth station is lo- this section shall not exceed the emis- cated within an RAS protection zone, sions of a mobile earth station oper- the Mobile-Satellite Service system ating within the 1610.6–1613.8 MHz band shall immediately initiate procedures at the edge of the protection zone ap- to relocate the mobile earth station op- plicable for that site. As an alter- erations to a non-RAS frequency. native, a mobile earth station shall not (vii) A beacon-actuated protection operate during radio astronomy obser- zone may be used in lieu of fixed pro- vations within the 1613.8–1615.8 MHz tection zones in the 1610.6–1613.8 MHz band within 100 km of the radio astron- band if a coordination agreement is omy sites listed in paragraph (a)(1)(i) reached between a mobile-satellite sys- of this section, and within 30 km of the tem licensee and the ESMU on the spe- sites listed in paragraph (a)(1)(ii) of cifics of beacon operations. this section, there being no restriction (viii) Additional radio astronomy on a mobile earth station operating sites, not located within 100 miles of within the 1615.8–1626.5 MHz band. the 100 most populous urbanized areas (iv) For airborne mobile earth sta- as defined by the United States Census tions operating in the 1610.0–1626.5 MHz Bureau at the time, may be afforded band, the separation distance shall be similar protection one year after no- the larger of the distances specified in tice to the mobile-satellite system li- paragraph (a)(1) (i), (ii) or (iii) of this censees by issuance of a public notice section, as applicable, or the distance, by the Commission. d, as given by the formula: (2) Mobile-Satellite Service space d (km) = 4.1 square root of (h) stations transmitting in the 1613.8– 1626.5 MHz band shall take whatever where h is the altitude of the aircraft in me- steps necessary to avoid causing harm- ters above ground level. ful interference to the radio astronomy (v) Smaller geographic protection facilities listed in paragraphs (a)(1)(i) zones may be used in lieu of the areas and (ii) of this section during periods of specified in paragraphs (a)(1) (i), (ii), observation. (iii), and (iv) of this section if agreed to (3) Mobile-Satellite Service space by the Mobile-Satellite Service li- stations operating in the 2483.5–2500 censee and the Electromagnetic Spec- MHz frequency band shall limit spu- trum Management Unit (ESMU), Na- rious emission levels in the 4990–5000 tional Science Foundation, Wash- MHz band so as not to exceed ¥241 dB ington, D.C. upon a showing by the Mo- (W/m2/Hz) at the surface of the Earth. bile-Satellite Service licensee that the (4) The Radioastronomy Service shall operation of a mobile earth station will avoid scheduling radio astronomy ob- not cause harmful interference to a servations during peak MSS/RDSS radio astronomy observatory during traffic periods to the greatest extent periods of observation. practicable.

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(b) If a Mobile-Satellite Service space the licensee of the exclusive frequency station operator in the 2496–2500 MHz assignment; and band intends to operate at powers lev- (5) Feeder uplink networks are per- els that exceed the PFD limits in mitted in the following Fixed-Satellite § 25.208(v), or if actual operations rou- Service frequency bands: 7025–7075 MHz tinely exceed these PFD limits, we re- and 6725–7025 MHz (101° W.L. orbital lo- quire the Mobile-Satellite Service op- cation only). erator to receive approval from each (d) Power limit for SDARS terrestrial re- operational BRS system in the affected peaters. (1) SDARS terrestrial repeaters geographical region. must be operated at a power level less than or equal to 12-kW average EIRP, [59 FR 53329, Oct. 21, 1994, as amended at 61 with a maximum peak-to-average FR 9945, Mar. 12, 1996; 67 FR 61816, Oct. 2, power ratio of 13 dB. 2002; 71 FR 35188, June 19, 2006; 78 FR 8428, (2) SDARS repeaters are permitted to Feb. 6, 2013] operate at power levels above 12-kW average EIRP, unless a potentially af- § 25.214 Technical requirements for space stations in the Satellite Dig- fected WCS licensee provides written ital Audio Radio Service and associ- notice that it intends to commence ated terrestrial repeaters. commercial service within the following 365 days. Starting 180 days after (a) [Reserved] receipt of such written notice, SDARS (b) Each system authorized under repeaters within the area notified by this section will be conditioned upon the potentially affected WCS licensee construction, launch and operation must be operated at a power level less milestones as outlined in § 25.144(b). than or equal to 12-kW average EIRP, The failure to meet any of the mile- with a maximum peak-to-average stones contained in an authorization power ratio of 13 dB. will result in its cancellation, unless (3) For the purpose of this section, a such failure is due to circumstances be- WCS licensee is potentially affected if yond the licensee’s control or unless it is authorized to operate a base sta- otherwise determined by the Commis- tion in the 2305–2315 MHz or 2350–2360 sion upon proper showing by the li- MHz bands within 25 kilometers of a re- censee in any particular case. peater seeking to operate with a power (c) Frequency assignments will be level greater than that prescribed in made for each satellite DARS system paragraph (d)(1) of this section. as follows: [62 FR 11106, Mar. 11, 1997, as amended at 75 (1) Exclusive SDARS licenses are FR 45068, Aug. 2, 2010; 78 FR 8429, Feb. 6, 2013; limited to the 2320–2345 MHz segment of 78 FR 9619, Feb. 11, 2013; 79 FR 8323, Feb. 12, the 2310–2360 MHz allocated bandwidth 2014] for SDARS; (2) Two, 12.5 MHz frequency assign- § 25.215 [Reserved] ments are available for satellite DARS: § 25.216 Limits on emissions from mo- 2320.0–2332.5 MHz and 2332.5–2345.0 MHz; bile earth stations for protection of (3) Satellite DARS licensees may re- aeronautical radionavigation-sat- duce their assigned bandwidth occu- ellite service. pancy to provide telemetry beacons in (a) The e.i.r.p. density of emissions their exclusive frequency assignments; from mobile earth stations placed in (4) Each licensee may employ cross service on or before July 21, 2002 with polarization within its exclusive fre- assigned uplink frequencies between quency assignment and/or may employ 1610 MHz and 1660.5 MHz shall not ex- cross polarized transmissions in fre- ceed ¥70 dBW/MHz, averaged over any quency assignments of other satellite 2 millisecond active transmission in- DARS licensees under mutual agree- terval, in the band 1559–1587.42 MHz. ment with those licensees. Licensees The e.i.r.p. of discrete emissions of less who come to mutual agreement to use than 700 Hz bandwidth generated by cross-polarized transmissions shall such stations shall not exceed ¥80 apply to the Commission for approval dBW, averaged over any 2 millisecond of the agreement before coordination is active transmission interval, in that initiated with other administrations by band.

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(b) The e.i.r.p. density of emissions ellite radio-navigation systems. The from mobile earth stations placed in full-compliance deadline for grand- service on or before July 21, 2002 with fathered Inmarsat-B terminals is De- assigned uplink frequencies between cember 31, 2012. 1610 MHz and 1626.5 MHz shall not ex- (e) The e.i.r.p density of emissions ceed ¥64 dBW/MHz, averaged over any from mobile earth stations with as- 2 millisecond active transmission in- signed uplink frequencies between 1990 terval, in the band 1587.42–1605 MHz. MHz and 2025 MHz shall not exceed ¥70 The e.i.r.p. of discrete emissions of less dBW/MHz, averaged over any 2 milli- than 700 Hz bandwidth generated by second active transmission interval, in such stations shall not exceed ¥74 frequencies between 1559 MHz and 1610 dBW, averaged over any 2 millisecond MHz. The e.i.r.p. of discrete emissions active transmission interval, in the of less than 700 Hz bandwidth from such 1587.42–1605 MHz band. stations between 1559 MHz and 1605 (c) The e.i.r.p. density of emissions MHz shall not exceed ¥80 dBW, aver- from mobile earth stations placed in aged over any 2 millisecond active service after July 21, 2002 with assigned transmission interval. The e.i.r.p. of uplink frequencies between 1610 MHz discrete emissions of less than 700 Hz and 1660.5 MHz shall not exceed ¥70 bandwidth from such stations between dBW/MHz, averaged over any 2 milli- 1605 MHz and 1610 MHz manufactured second active transmission interval, in more than six months after FEDERAL the band 1559–1605 MHz. The e.i.r.p. of REGISTER publication of the rule discrete emissions of less than 700 Hz changes adopted in FCC 03–283 shall not bandwidth from such stations shall not exceed ¥80 dBW, averaged over any 2 exceed ¥80 dBW, averaged over any 2 millisecond active transmission inter- millisecond active transmission interval. val, in the 1559–1605 MHz band. (f) Mobile earth stations placed in (d) As of January 1, 2005, the e.i.r.p. service after July 21, 2002 with assigned density of emissions from mobile earth uplink frequencies in the 1610–1660.5 stations placed in service on or before MHz band shall suppress the power den- July 21, 2002 with assigned uplink fre- sity of emissions in the 1605–1610 MHz quencies between 1610 MHz and 1660.5 band to an extent determined by linear MHz (except Standard A and B interpolation from ¥70 dBW/MHz at Inmarsat terminals used as Global 1605 MHz to ¥10 dBW/MHz at 1610 MHz. Maritime Distress and Safety System (g) Mobile earth stations manufac- ship earth stations) shall not exceed tured more than six months after FED- ¥70dBW/MHz, averaged over any 2 mil- ERAL REGISTER publication of the rule lisecond active transmission interval, changes adopted in FCC 03–283 with as- in the 1559–1605 MHz band. The e.i.r.p. signed uplink frequencies in the 1610– of discrete emissions of less than 700 Hz 1626.5 MHz band shall suppress the bandwidth from such stations shall not power density of emissions in the 1605– exceed ¥80 dBW, averaged over any 2 1610 MHz band-segment to an extent millisecond active transmission inter- determined by linear interpolation val, in the 1559–1605 MHz band. Stand- from ¥70 dBW/MHz at 1605 MHz to ¥10 ard A Inmarsat terminals used as Glob- dBW/MHz at 1610 MHz averaged over al Maritime Distress and Safety Sys- any 2 millisecond active transmission tem ship earth stations that do not interval. The e.i.r.p of discrete emis- meet the e.i.r.p. density limits speci- sions of less than 700 Hz bandwidth fied in this paragraph may continue op- from such stations shall not exceed a eration until December 31, 2007. level determined by linear interpola- Inmarsat-B terminals manufactured tion from ¥80 dBW at 1605 MHz to ¥20 more than six months after FEDERAL dBW at 1610 MHz, averaged over any 2 REGISTER publication of the rule millisecond active transmission inter- changes adopted in FCC 03–283 must val. meet these limits. Inmarsat B termi- (h) Mobile earth stations manufac- nals manufactured before then are tem- tured more than six months after FED- porarily grandfathered under the con- ERAL REGISTER publication of the rule dition that no interference is caused by changes adopted in FCC 03–283 with as- these terminals to aeronautical sat- signed uplink frequencies in the 1626.5–

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1660.5 MHz band shall suppress the tion, the Commission will coordinate power density of emissions in the 1605– with the National Telecommunications 1610 MHz band-segment to an extent and Information Administration determined by linear interpolation (NTIA) regarding the operations of any from ¥70 dBW/MHz at 1605 MHz to ¥46 licensees authorized to operate in a dBW/MHz at 1610 MHz, averaged over shared government/non-government any 2 millisecond active transmission frequency band, pursuant to the proce- interval. The e.i.r.p of discrete emis- dure set forth in § 25.142(b)(2)(ii). sions of less than 700 Hz bandwidth (3) Mobile earth station licensees au- from such stations shall not exceed a thorized to operate with one or more level determined by linear interpola- space stations subject to paragraph tion from ¥80 dBW at 1605 MHz to ¥56 (b)(1) of this section must comply with dBW at 1610 MHz, averaged over any 2 the requirements in §§ 25.285 and 25.287, millisecond active transmission inter- notwithstanding the frequency bands val. specified in those sections. In addition, (i) The e.i.r.p density of carrier-off earth station licensees authorized to state emissions from mobile earth sta- operate with one or more space stations manufactured more than six tions described in paragraph (b)(1) of months after FEDERAL REGISTER publi- this section in frequency bands shared cation of the rule changes adopted in with terrestrial wireless services shall FCC 03–283 with assigned uplink fre- comply with the requirements in quencies between 1 and 3 GHz shall not § 25.203(c). exceed ¥80 dBW/MHz in the 1559–1610 (4) For all small satellite licensees, MHz band averaged over any two milli- for which the application was filed pur- second interval. suant to § 25.122 or § 25.123, authorizing (j) A Root-Mean-Square detector operations in a frequency band for shall be used for all power density which the Commission has not adopted measurements. frequency-band specific service rules at [69 FR 5710, Feb. 6, 2004, as amended at 70 FR the time the license is granted, the li- 19318, Apr. 13, 2005] censee will not be required to comply with the technical requirements speci- § 25.217 Default service rules. fied in this section. (a) The technical rules in this section (c)(1) For all GSO-like satellite li- apply only to licenses to operate a sat- censes for which the application was ellite system in a frequency band filed pursuant to the procedures set granted after a domestic frequency al- forth in § 25.158 after August 27, 2003, location has been adopted for that fre- authorizing operations in a frequency quency band, but before any frequency- band for which the Commission has not band-specific service rules have been adopted frequency band-specific service adopted for that frequency band. rules at the time the license is granted, (b)(1) For all NGSO-like satellite li- the licensee will be required to comply censes, except as specified in paragraph with the following technical require- (b)(4) of this section, for which the ap- ments, notwithstanding the frequency plication was filed pursuant to the pro- bands specified in these rule provisions: cedures set forth in § 25.157 after Au- §§ 25.143(b)(2)(iv), 25.204(e), and 25.210(f), gust 27, 2003, authorizing operations in (i), and (j). a frequency band for which the Com- (2) In addition to the requirements mission has not adopted frequency set forth in paragraph (c)(1) of this sec- band-specific service rules at the time tion, the Commission will coordinate the license is granted, the licensee will with the National Telecommunications be required to comply with the tech- and Information Administration nical requirements in paragraphs (b)(2) (NTIA) regarding the operations of any through (4) of this section, notwith- licensees authorized to operate in a standing the frequency bands specified shared government/non-government in these sections: §§ 25.143(b)(2)(ii) (ex- frequency band, pursuant to the proce- cept NGSO FSS systems) and (iii), dure set forth in § 25.142(b)(2)(ii). 25.204(e), and 25.210(f) and (i). (3) Earth station licensees authorized (2) In addition to the requirements to operate with one or more space sta- set forth in paragraph (b)(1) of this sections described in paragraph (c)(1) of

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this section shall comply with the otherwise specified by either Commis- earth station antenna performance sion or Bureau Order. verification requirements in § 25.132, [68 FR 51508, Aug. 27, 2003, as amended at 70 and the antenna gain pattern require- FR 59277, Oct. 12, 2005; 79 FR 8323, Feb. 12, ments in § 25.209(a) and (b). In addition, 2014; 82 FR 59986, Dec. 18, 2017; 85 FR 43735, earth station licensees authorized to July 20, 2020] operate with one or more space stations described in paragraph (c)(1) of § 25.218 Off-axis EIRP density envelopes for FSS earth stations trans- this paragraph in frequency bands mitting in certain frequency bands. shared with terrestrial wireless services shall comply with the require- (a) This section applies to applications for fixed and temporary-fixed ments in § 25.203(c). FSS earth stations transmitting to (4) In addition to the requirements geostationary space stations in the set forth in paragraph (c)(3) of this sec- conventional C-band, extended C-band, tion, earth station licensees with a conventional Ku-band, extended Ku- gain equivalent or higher than the gain band, conventional Ka-band, or 24.75– of a 1.2 meter antenna operating in the 25.25 GHz and applications for ESIMs 14.0–14.5 GHz band, authorized to oper- transmitting in the conventional C- ate with one or more space stations de- band, conventional Ku-band, or conven- scribed in paragraph (c)(1) of this para- tional Ka-band, except for applications graph in frequency bands greater than proposing transmission of analog com- 14.5 GHz shall be required to comply mand signals at a band edge with with the antenna input power density bandwidths greater than 1 MHz or requirements set forth in § 25.212(c). transmission of any other type of ana- (d) [Reserved] log signal with bandwidths greater (e) In the event that the Commission than 200 kHz. adopts frequency band-specific service (b) Earth station applications subject rules for a particular frequency band to this section may be routinely proc- after it has granted one or more space essed if they meet the applicable off- station or earth station licenses for op- axis EIRP density envelopes set forth in this section. erations in that frequency band, those (c) Analog earth station operation in licensees will be required to come into the conventional or extended C-bands. (1) compliance with the frequency band- For co-polarized transmissions in the specific service rules within 30 days of plane tangent to the GSO arc, as de- the effective date of those rules, unless fined in § 25.103:

29.5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 8.5 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 32.5–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥9.5 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is the angle in degrees from a theta (q) angles from ±7–180°, and by up line from the earth station antenna to to 6 dB in the region of main reflector the assigned orbital location of the tar- spillover energy. get satellite. The EIRP density levels (2) For co-polarized transmissions in specified for q > 7° may be exceeded by the plane perpendicular to the GSO up to 3 dB in up to 10% of the range of arc, as defined in § 25.103:

32.5–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥9.5 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph dB in the region of main reflector spill- (c)(1) of this section. These EIRP den- over energy and in up to 10% of the sity levels may be exceeded by up to 6 range of q angles not included in that

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region, on each side of the line from (3) For cross-polarized transmissions the earth station to the target sat- in the plane tangent to the GSO arc ellite. and in the plane perpendicular to the GSO arc:

19.5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph For co-polarized transmissions in the (c)(1) of this section. plane tangent to the GSO arc: (d) Digital earth station operation in the conventional or extended C-bands. (1)

26.3–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 5.3 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 29.3–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥12.7 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph and by up to 6 dB in the region of main (c)(1) of this section. The EIRP density reflector spillover energy. levels specified for q > 7° may be ex- (2) For co-polarized transmissions in ceeded by up to 3 dB in up to 10% of the the plane perpendicular to the GSO range of theta (q) angles from ±7–180°, arc:

29.3–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥12.7 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph the earth station to the target sat- (c)(1) of this section. These EIRP den- ellite. sity levels may be exceeded by up to 6 (3) For cross-polarized transmissions dB in the region of main reflector spill- in the plane tangent to the GSO arc over energy and in up to 10% of the and in the plane perpendicular to the range of q angles not included in that GSO arc: region, on each side of the line from

16.3–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph neously to the same target satellite re- (c)(1) of this section. ceiving beam, not resulting from col- (4) A license application for earth liding data bursts transmitted pursu- station operation in a network using ant to a contention protocol, will not variable power density control of earth exceed the off-axis EIRP density limits stations transmitting simultaneously permissible for a single earth station, in shared frequencies to the same tar- as specified in paragraphs (d)(1) get satellite receiving beam may be through (d)(3) of this section. routinely processed if the applicant (e) Analog earth station operation in certifies that the aggregate off-axis the conventional Ku-band. (1) For co-po- EIRP density from all co-frequency larized transmissions in the plane tan- earth stations transmitting simulta- gent to the GSO arc:

21–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 0 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 24–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 19.1°. ¥8 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

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24–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 19.1°. ¥8 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

11–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph ized transmissions in the plane tangent (c)(1) of this section. to the GSO arc: (f) Digital earth station operation in the conventional Ku-band. (1) For co-polar-

15–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. ¥6 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 18–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

18–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph variable power density control of earth (c)(1) of this section. stations transmitting simultaneously (4) A license application for earth in shared frequencies to the same tar- station operation in a network using get satellite receiving beam may be

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routinely processed if the applicant exceed the off-axis EIRP density limits certifies that the aggregate off-axis permissible for a single earth station, EIRP density from all co-frequency as specified in paragraphs (f)(1) through earth stations transmitting simulta- -(f)(3) of this section. neously to the same target satellite re- (g) Analog earth station operation in ceiving beam, not resulting from col- the extended Ku-band. (1) For co-polar- liding data bursts transmitted pursu- ized transmissions in the plane tangent ant to a contention protocol, will not to the GSO arc:

21–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 0 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 24–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥18 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph gles from ±7–180°, and by up to 6 dB in (c)(1) of this section, and N is as de- the region of main reflector spillover fined in paragraph (d)(1) of this section. energy. The EIRP density levels specified for q (2) For co-polarized transmissions in > 7° may be exceeded by up to 3 dB in the plane perpendicular to the GSO up to 10% of the range of theta (q) an- arc:

24–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥18 ...... dBW/4 kHz for 48° < q ≤ 180°.

11–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph ized transmissions in the plane tangent (c)(1) of this section. to the GSO arc: (h) Digital earth station operation in the extended Ku-band. (1) For co-polar-

15–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. ¥6 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 18–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥24 ...... dBW/4 kHz for 48° < q ≤ 180°.

18–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥24 ...... dBW/4 kHz for 48° < q ≤ 85°.

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5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph neously to the same target satellite re- (c)(1) of this section. ceiving beam, not resulting from col- (4) A license application for earth liding data bursts transmitted pursu- station operation in a network using ant to a contention protocol, will not variable power density control of earth exceed the off-axis EIRP density limits stations transmitting simultaneously permissible for a single earth station, in shared frequencies to the same tar- as specified in paragraphs (h)(1) get satellite receiving beam may be through (h)(3) of this section. routinely processed if the applicant (i) Digital earth station operation in the certifies that the aggregate off-axis conventional Ka-band. (1) For co-polar- EIRP density from all co-frequency ized transmissions in the plane tangent earth stations transmitting simulta- to the GSO arc:

32.5–25log(q) ...... dBW/MHz ...... for ...... 2.0° ≤ q ≤ 7°. 11.5 ...... dBW/MHz ...... for ...... 7° ≤ q ≤ 9.2°. 35.5–25log(q) ...... dBW/MHz ...... for ...... 9.2° ≤ q ≤ 19.1°. 3.5 ...... dBW/MHz ...... for ...... 19.1° < q ≤ 180°.

where q is as defined in paragraph (c)(1) (2) For co-polarized transmissions in of this section. the plane perpendicular to the GSO arc:

35.5–25log(q) ...... dBW/MHz ...... for ...... 3.5° ≤ q ≤ 7°. 14.4 ...... dBW/MHz ...... for ...... 7° < q ≤ 9.2°. 38.5–25log(q) ...... dBW/MHz ...... for ...... 9.2° < q ≤ 19.1°. 6.5 ...... dBW/MHz ...... for ...... 19.1° < q ≤ 180°.

where q is as defined in paragraph (c)(1) side of the line from the earth station of this section. to the target satellite. (3) The EIRP density levels specified (4) For cross-polarized transmissions in paragraphs (i)(1) and (2) of this sec- in the plane tangent to the GSO arc tion may be exceeded by up to 3 dB, for and in the plane perpendicular to the values of q > 7°, over 10% of the range GSO arc: of theta (q) angles from 7–180° on each

22.5–25log(q) ...... dBW/MHz ...... for ...... 2.0° < q ≤ 7.0°.

where q is as defined in paragraph (c)(1) stations transmitting simultaneously of this section. in shared frequencies to the same tar- (5) A license application for earth get satellite receiving beam may be station operation in a network using routinely processed if the applicant variable power density control of earth certifies that the aggregate off-axis

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EIRP density from all co-frequency (ii) A statement from the satellite earth stations transmitting simulta- operator that it has coordinated the neously to the same target satellite re- operation of the subject non-con- ceiving beam, not resulting from col- forming earth station accessing its sat- liding data bursts transmitted pursu- ellite(s), including its required ant to a contention protocol, will not downlink power density based on the exceed the off-axis EIRP density limits information contained in the applica- permissible for a single earth station, tion, with all adjacent satellite net- as specified in paragraphs (i)(1) through works within 6° of orbital separation (4) of this section. from its satellite(s), and the operations (j) Applications for authority for will operate in conformance with exist- fixed earth station operation in the ing coordination agreement for its sat- conventional C-band, extended C-band, ellite(s) with other satellite systems, conventional Ku-band, extended Ku- except as set forth in paragraph (d)(4) band, conventional Ka-band, or 24.75– of this section. 25.25 GHz that do not qualify for rou- (iii) A statement from the satellite tine processing under relevant criteria operator that it will include the sub- in this section, § 25.211, or § 25.212 are ject non-conforming earth station op- subject to the requirements in § 25.220. erations in all future satellite network coordinations, and [81 FR 55339, Aug. 18, 2016, as amended at 84 FR 53656, Oct. 8, 2019; 85 FR 44787, July 24, (iv) A statement from the earth sta- 2020] tion applicant certifying that it will comply with all coordination agree- § 25.219 [Reserved] ments reached by the satellite operator(s). § 25.220 Non-routine transmit/receive (2) Unless the non-routine uplink earth station operations. transmission levels are permitted (a) The requirements in this section under a coordination agreement with apply to applications for, and operation the space station operator, or unless of, earth stations transmitting in the coordination with the operator is not conventional or extended C-bands, the required pursuant to § 25.140(d)(3) or conventional or extended Ku-bands, or (d)(4), the operator of an earth station the conventional Ka-band that do not licensed pursuant to this section must qualify for routine licensing under rel- reduce its transmitted EIRP density to evant criteria in § 25.211, § 25.212, or levels at or within relevant routine § 25.218. limits: (b) Applications filed pursuant to (i) Toward the part of the geo- this section must include the informa- stationary orbit arc within one degree tion required by § 25.115(g)(1). of a subsequently launched, two-de- (c) [Reserved] gree-compliant space station receiving (d)(1) The applicant must submit the in the same uplink band at an orbital certifications listed in paragraphs location within six degrees of the earth (d)(1)(i) through (d)(1)(iv) of this sec- station’s target satellite, and tion. The applicant will be authorized (ii) Toward a two-degree-compliant to transmit only to the satellite sys- space station receiving in the same tems included in the coordination uplink band at an orbital location agreements referred to in the certifi- more than six degrees away from the cation required by paragraph (d)(1)(ii) target satellite if co-frequency recep- of this section. The applicant will be tion by the space station is adversely granted protection from receiving in- affected by the non-routine earth sta- terference only with respect to the sat- tion transmission levels. ellite systems included in the coordina- (3) In the event that a coordination tion agreements referred to in the cer- agreement discussed in paragraph tification required by paragraph (d)(1)(ii) of this section is reached, but (d)(1)(ii) of this section, and only to the that coordination agreement does not extent that protection from receiving address protection from interference interference is afforded by those co- for the earth station, that earth sta- ordination agreements. tion will be protected from inter- (i) [Reserved] ference to the same extent that an

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earth station that meets the require- boundaries of the geostationary sat- ments of § 25.209 of this title would be ellite orbit arc it plans to coordinate. protected from interference. (2) The diameter or equivalent di- (4) Notwithstanding paragraph ameter of the antenna. (d)(1)(ii) of this section, a party apply- (3) Proposed power and power density ing for an earth station license pursu- levels. ant to this section will not be required (4) Identification of any rule or rules to certify that its target satellite oper- for which a waiver is requested. ator has reached a coordination agreement with another satellite operator [70 FR 32256, June 2, 2005, as amended at 72 whose satellite is within 6° of orbital FR 50030, Aug. 29, 2007; 73 FR 70902, Nov. 24, 2008; 74 FR 57099, Nov. 4, 2009; 78 FR 14927, separation from its satellite in cases Mar. 8, 2013; 79 FR 8324, Feb. 12, 2014; 81 FR where the off-axis EIRP density level 55341, Aug. 18, 2016; 83 FR 34491, July 20, 2018; of the proposed earth station oper- 84 FR 53656, Oct. 8, 2019] ations will be less than or equal to the levels specified by the applicable off- §§ 25.221–25.223 [Reserved] axis EIRP envelope set forth in § 25.218 of this chapter in the direction of the § 25.224 Protection of receive-only part of the geostationary orbit arc earth stations in the 17/24 GHz BSS. within 1° of the nominal orbit location (a) Notwithstanding § 25.209(c) of this of the adjacent satellite. part, receive-only earth stations oper- (e)–(f) [Reserved] ating in the 17/24 GHz broadcasting-sat- (g) Applicants filing applications for ellite service can claim no greater pro- earth stations pursuant to this section tection from interference than they must provide the following information would receive if the equivalent antenna for the Commission’s public notice: diameter were equal to or greater than (1) Detailed description of the service 45 cm and the antenna meets the co- to be provided, including frequency polar and cross-polar performance pat- bands and satellites to be used. The ap- terns represented by the following set plicant must identify either the spe- of formulas (adopted in Recommenda- cific satellites with which it plans to tion ITU–R BO.1213–1, dated November operate, or the eastern and western 2005) that are valid for D/λ ≥11:

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(b) Paragraph (a) of this section does standards of § 25.209(a) and (b) of this not apply to 17/24 GHz BSS telemetry part. earth stations. Those earth stations [72 FR 50031, Aug. 29, 2007] are subject to the antenna performance

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§ 25.225 Geographic Service Require- sume transmissions until the condition ments for 17/24 GHz Broadcasting that caused the ESIM to exceed those Satellite Service. limits is corrected. (a) Each operator of a 17/24 GHz BSS (c) Each FSS ESIM must be mon- space station that is used to provide itored and controlled by a network video programming directly to con- control and monitoring center (NCMC) sumers in the 48 contiguous United or equivalent facility. Each ESIM must States (CONUS) must provide com- comply with a ‘‘disable transmission’’ parable service to Alaska and Hawaii, command from the NCMC within 100 unless such service is not technically milliseconds of receiving the command. feasible or not economically reasonable In addition, the NCMC must monitor from the authorized orbital location. the operation of each ESIM in its net- (b) Each operator of a 17/24 GHz BSS work, and transmit a ‘‘disable trans- space station subject to paragraph (a) mission’’ command to any ESIM that of this section must design and con- operates in such a way as to exceed the figure its space station to be capable of authorized off-axis EIRP density limit providing service to Alaska and Ha- for GSO FSS ESIMs or any emission waii, that is comparable to the service limits included in the licensing condi- that such satellites will provide to tions in the case of NGSO FSS ESIMs. CONUS subscribers, from any orbital The NCMC must not allow the ESIM(s) location capable of providing service to under its control to resume trans- either Alaska or Hawaii to which it missions until the condition that may be located or relocated in the fu- caused the ESIM(s) to exceed the au- ture. thorized EIRP density limits is cor- (c) If an operator of a 17/24 GHz BSS rected. space station that is used to provide (d) ESIM licensees must ensure in- video programming directly to con- stallation of ESIM terminals on vehi- sumers in the United States relocates cles by qualified installers who have an or replaces a 17/24 GHz BSS space sta- understanding of the antenna’s radi- tion at a location from which service ation environment and the measures to Alaska and Hawaii had been pro- best suited to maximize protection of vided by another 17/24 GHz BSS space the general public and persons oper- station, the operator must use a space ating the vehicle and equipment. An station capable of providing at least ESIM terminal exhibiting radiation ex- the same level of service to Alaska and posure levels exceeding 1.0 mW/cm2 in Hawaii as previously provided from accessible areas, such as at the exterior that location. surface of the radome, must have a label attached to the surface of the ter- [72 FR 50033, Aug. 29, 2007] minal warning about the radiation haz- §§ 25.226–25.227 [Reserved] ard and must include thereon a dia- gram showing the regions around the § 25.228 Operating and coordination terminal where the radiation levels requirements for earth stations in could exceed the maximum radiation motion (ESIMs). exposure limit specified in 47 CFR (a) GSO FSS ESIM transmissions 1.1310 Table 1. must comport with the applicable (e) The following requirements gov- EIRP density limits in § 25.218, unless ern all ESV operations: coordinated pursuant to the require- (1) ESV operators must control all ments in § 25.220. ESVs by a NCMC or equivalent facility (b) Each FSS ESIM must be self- located in the United States, except monitoring and, should a condition that an ESV on U.S.-registered vessels occur that would cause the ESIMs to may operate under control of a NCMC exceed its authorized off-axis EIRP location outside the United States pro- density limits in the case of GSO FSS vided the ESV operator maintains a ESIMs or any emission limits included point of contact within the United in the licensing conditions in the case States that will have the capability of NGSO FSS ESIMs, the ESIM must and authority to cause an ESV on a automatically cease transmissions U.S.-registered vessel to cease trans- within 100 milliseconds, and not re- mitting if necessary.

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(2) There must be a point of contact affect their radio operations, ESAA op- in the United States, with phone num- erators may operate within those iden- ber and address, available 24 hours a tified areas without further action. To day, seven days a week, with authority the extent that the foreign administra- and ability to cease all emissions from tion has not adopted requirements re- the ESVs, either directly or through garding ESAA operations, ESAA opera- the facilities of a U.S. NCMC or a tors must coordinate their operations NCMC located in another country with with any potentially affected oper- which the United States has a bilateral ations. agreement that enables such cessation (h) The following requirements gov- of emissions. ern all operations in the 3700–4200 MHz (3) ESV NCMC operators commu- (space-to-Earth) and 5925–6425 MHz nicating with ESVs on vessels of for- (Earth-to-space) frequency bands of eign registry must maintain detailed ESVs receiving from or transmitting to information on each such vessel’s coun- GSO satellites in the Fixed-Satellite try of registry and a point of contact Service: for the relevant administration respon- (1) ESVs must not operate in the sible for licensing those ESVs. 5925–6425 MHz (Earth-to-space) and (f) For all VMES operations, there 3700–4200 MHz (space-to-Earth) fre- must be a point of contact in the quency bands on vessels smaller than United States, with phone number and 300 gross tons. address, available 24 hours a day, seven (2) ESV operators transmitting in the days a week, with authority and abil- 5925–6425 MHz (Earth-to-space) fre- ity to cease all emissions from the quency band to GSO satellites in the VMESs. Fixed-Satellite Service (FSS) must not (g) The following requirements gov- seek to coordinate, in any geographic ern all ESAA operations: location, more than 36 megahertz of (1) There must be a point of contact uplink bandwidth on each of no more in the United States, with phone num- than two GSO FSS satellites. ber and address, available 24 hours a (3) ESVs, operating while docked, for day, seven days a week, with authority which coordination with terrestrial and ability to cease all emissions from stations in the 3700–4200 MHz band is the ESAAs. completed in accordance with § 25.251, (2) All ESAA terminals operated in will receive protection from such ter- U.S. airspace, whether on U.S.-reg- restrial stations in accordance with the istered civil aircraft or non-U.S.-reg- coordination agreements, for 180 days, istered civil aircraft, must be licensed renewable for 180 days. by the Commission. All ESAA termi- (4) ESVs in motion must not claim nals on U.S.-registered civil aircraft protection from harmful interference operating outside of U.S. airspace must from any authorized terrestrial sta- be licensed by the Commission, except tions to which frequencies are already as provided by section 303(t) of the assigned, or any authorized terrestrial Communications Act. station to which frequencies may be as- (3) Prior to operations within a for- signed in the future in the 3700–4200 eign nation’s airspace, the ESAA oper- MHz (space-to-Earth) frequency band. ator must ascertain whether the rel- (5) ESVs operating within 200 km evant administration has operations from the baseline of the United States, that could be affected by ESAA termi- or within 200 km from a U.S.-licensed nals, and must determine whether that fixed service offshore installation, administration has adopted specific re- must complete coordination with po- quirements concerning ESAA oper- tentially affected U.S.-licensed fixed ations. When the aircraft enters for- service operators prior to operation. eign airspace, the ESAA terminal must The coordination method and the in- operate under the Commission’s rules, terference criteria objective will be de- or those of the foreign administration, termined by the frequency coordinator. whichever is more constraining. To the The details of the coordination must be extent that all relevant administra- maintained and available at the fre- tions have identified geographic areas quency coordinator, and must be filed from which ESAA operations would not with the Commission electronically via

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the International Bureau Filing Sys- tion agreement, including, but not lim- tem (http://licensing.fcc.gov/myibfs/) to be ited to, conditions related to speed of placed on public notice. The coordina- the vessel or if the ESV travels outside tion notifications must be filed in the the coordinated area, if within 200 km form of a statement referencing the from the baseline of the United States, relevant call signs and file numbers. or within 200 km from a U.S.-licensed Operation of each individual ESV may fixed service offshore installation. commence immediately after the pub- Transmissions may be controlled by lic notice that identifies the notifica- the ESV network control and moni- tion sent to the Commission is re- toring center. The frequency coordi- leased. Continuance of operation of nator may decide whether ESV opera- that ESV for the duration of the co- tors should automatically cease trans- ordination term must be dependent missions if the vessel falls below a pre- upon successful completion of the nor- scribed speed within a prescribed geo- mal public notice process. If, prior to graphic area. the end of the 30-day comment period (7) ESV transmissions in the 5925–6425 of the public notice, any objections are MHz (Earth-to-space) band shall not received from U.S.-licensed Fixed Serv- exceed an EIRP spectral density to- ice operators that have been excluded wards the radio-horizon of 17 dBW/MHz, from coordination, the ESV licensee and shall not exceed an EIRP towards must immediately cease operation of the radio-horizon of 20.8 dBW. The ESV that particular station on frequencies network shall shut-off the ESV trans- used by the affected U.S.-licensed mitter if either the EIRP spectral den- Fixed Service station until the coordi- sity towards the radio-horizon or the nation dispute is resolved and the ESV EIRP towards the radio-horizon is ex- licensee informs the Commission of the ceeded. resolution. As used in this section, (i) For ESAA transmissions in the ‘‘baseline’’ means the line from which 14.0–14.5 GHz band from international maritime zones are measured. The airspace within line-of-sight of the ter- baseline is a combination of the low- ritory of a foreign administration water line and closing lines across the where fixed service networks have pri- mouths of inland water bodies and is mary allocation in this band, the max- defined by a series of baseline points imum power flux density (pfd) pro- that include islands and ‘‘low-water duced at the surface of the Earth by elevations,’’ as determined by the U.S. emissions from a single aircraft car- Department of State’s Baseline Com- rying an ESAA terminal must not ex- mittee. ceed the following values unless the (6) An ESV must automatically cease foreign Administration has imposed transmission if the ESV operates in other conditions for protecting its violation of the terms of its coordina- fixed service stations:

¥132 + 0.5 · q ...... dB(W/(m2 · MHz)) ...... For ...... q ≤ 40°. ¥112 ...... dB(W/(m2 · MHz)) ...... For ...... 40°

Where: q is the angle of arrival of the (for ESAAs) of the NASA TDRSS facili- radio-frequency wave (degrees above ties on Guam (latitude 13°36′55″ N, lon- the horizontal) and the aforementioned gitude 144°51′22″ E), White Sands, New limits relate to the pfd under free- Mexico (latitude 32°20′59″ N, longitude space propagation conditions. 106°36′31″ W and latitude 32°32′40″ N, lon- (j) The following requirements gov- gitude 106°36′48″ W), or Blossom Point, ern all ESIMs transmitting to GSO or Maryland (latitude 38°25′44″ N, lon- NGSO satellites in the Fixed-Satellite gitude 77°05′02″ W) are subject to co- Service in the 14.0–14.5 GHz band. ordination with the National Aero- (1) Operations of ESIMs in the 14.0– nautics and Space Administration 14.2 GHz (Earth-to-space) frequency (NASA) through the National Tele- band within 125 km (for ESVs and communications and Information Ad- VMESs) or within radio line of sight ministration (NTIA) Interdepartment

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Radio Advisory Committee (IRAC). Li- straints developed in the coordination censees must notify the International process. Bureau once they have completed co- (2) Within 125 km (for ESVs and ordination. Upon receipt of such notifi- VMESs) or within radio line of sight cation from a licensee, the Inter- (for ESAAs) of the NASA TDRSS facili- national Bureau will issue a public no- ties identified in paragraph (j)(1) of tice stating that the licensee may com- this section, ESIM transmissions in the mence operations within the coordina- 14.0–14.2 GHz (Earth-to-space) band tion zone in 30 days if no party has op- shall not exceed an EIRP spectral den- posed the operations. When NTIA seeks sity towards the horizon of 12.5 dBW/ to provide similar protection to future MHz, and shall not exceed an EIRP to- TDRSS sites that have been coordi- wards the horizon of 16.3 dBW. nated through the IRAC Frequency As- (3) Operations of ESIMs in the 14.47– signment Subcommittee process, NTIA 14.5 GHz (Earth-to-space) frequency will notify the Commission’s Inter- band in the vicinity (for ESVs and national Bureau that the site is near- VMESs) or within radio line of sight ing operational status. Upon public no- (for ESAAs) of radio astronomy service tice from the International Bureau, all Ku-band ESIM licensees must cease op- (RAS) observatories observing in the erations in the 14.0–14.2 GHz band with- 14.47–14.5 GHz band are subject to co- in 125 km (for ESVs and VMESs) or ordination with the National Science within radio line of sight (for ESAAs) Foundation (NSF). The appropriate of the new TDRSS site until the licens- NSF contact point to initiate coordina- ees complete coordination with NTIA/ tion is Electromagnetic Spectrum IRAC for the new TDRSS facility. Li- Management Unit, NSF, Division of censees must notify the International Astronomical Sciences, 2415 Eisen- Bureau once they have completed co- hower Avenue, Arlington VA 22314; ordination for the new TDRSS site. Email: [email protected]. Licensees must no- Upon receipt of such notification from tify the International Bureau once a licensee, the International Bureau they have completed coordination. will issue a public notice stating that Upon receipt of the coordination agree- the licensee may commence operations ment from a licensee, the International within the coordination zone in 30 days Bureau will issue a public notice stat- if no party has opposed the operations. ing that the licensee may commence The ESIM licensee then will be per- operations within the coordination mitted to commence operations in the zone in 30 days if no party has opposed 14.0–14.2 GHz band within 125 km (for the operations. Table 1 provides a list ESVs and VMESs) or within radio line of each applicable RAS site, its loca- of sight (for ESAAs) of the new TDRSS tion, and the applicable coordination site, subject to any operational con- zone.

TABLE 1 TO § 25.228(j)(3)—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES

Latitude Longitude Radius (km) of Observatory (north) (west) coordination zone

Arecibo, Observatory, Arecibo, PR ...... 18°20′37″ 66°45′11″ Island of Puerto Rico. Green Bank, WV ...... 38°25′59″ 79°50′23″ 160. Very Large Array, near Socorro, NM ...... 34°04′44″ 107°37′06″ 160. Pisgah Astronomical Research Institute, Rosman, NC ...... 35°11′59″ 82°52′19″ 160. U of Michigan Radio Astronomy Observatory, Stinchfield 42°23′56″ 83°56′11″ 160. Woods, MI. Very Long Baseline Array (VLBA) stations: Owens Valley, CA ...... 37°13′54″ 118°16′37″ 160 *. Mauna Kea, HI ...... 19°48′05″ 155°27′20″ 50. Brewster, WA ...... 48°07′52″ 119°41′00″ 50. Kitt Peak, AZ ...... 31°57′23″ 111°36′45″ 50. Pie Town, NM ...... 34°18′04″ 108°07′09″ 50. Los Alamos, NM ...... 35°46′30″ 106°14′44″ 50. Fort Davis, TX ...... 30°38′06″ 103°56′41″ 50. North Liberty, IA ...... 41°46′17″ 91°34′27″ 50. Hancock, NH ...... 42°56′01″ 71°59′12″ 50.

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TABLE 1 TO § 25.228(j)(3)—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES—Continued

Latitude Longitude Radius (km) of Observatory (north) (west) coordination zone

St. Croix, VI ...... 17°45′24″ 64°35′01″ 50. * Owens Valley, CA operates both a VLBA station and single-dish telescopes.

(4) When NTIA seeks to provide simi- §§ 25.229–25.249 [Reserved] lar protection to future RAS sites that have been coordinated through the § 25.250 Sharing between NGSO MSS IRAC Frequency Assignment Sub- Feeder links Earth Stations in the committee process, NTIA will notify 19.3–19.7 GHz and 29.1–29.5 GHz the Commission’s International Bureau Bands. that the site is nearing operational sta- (a) NGSO MSS applicants shall be li- tus. Upon public notice from the Inter- censed to operate in the 29.1–29.5 GHz national Bureau, all Ku-band ESIMs li- band for Earth-to-space transmissions censees must cease operations in the and 19.3–19.7 GHz for space-to-Earth 14.47–14.5 GHz band within the relevant transmissions from feeder link earth geographic zone (160 kms for single- station complexes. A ‘‘feeder link earth dish radio observatories and Very station complex’’ may include up to Large Array antenna systems and 50 three (3) earth station groups, with kms for Very Long Baseline Array an- each earth station group having up to tenna systems for ESVs and VMESs, four (4) antennas, located within a ra- radio line of sight for ESAAs) of the dius of 75 km of a given set of geo- new RAS site until the licensees com- graphic coordinates provided by NGSO- plete coordination for the new RAS fa- MSS licensees or applicants. cility. Licensees must notify the Inter- (b) Licensees of NGSO MSS feeder national Bureau once they have com- link earth stations separated by 800 km pleted coordination for the new RAS or less are required to coordinate their site and must submit the coordination operations, see § 25.203. The results of agreement to the Commission. Upon the coordination shall be reported to receipt of such notification from a li- the Commission. censee, the International Bureau will [61 FR 44181, Aug. 28, 1996] issue a public notice stating that the licensee may commence operations § 25.251 Special requirements for co- within the coordination zone in 30 days ordination. if no party opposed the operations. The (a) The administrative aspects of the ESIMs licensee then will be permitted coordination process are set forth in to commence operations in the 14.47– § 101.103 of this chapter in the case of 14.5 GHz band within the relevant co- coordination of terrestrial stations ordination distance around the new with earth stations, and in § 25.203 in RAS site, subject to any operational the case of coordination of earth sta- constraints developed in the coordinations with terrestrial stations. tion process. (b) The technical aspects of coordina- (5) ESIMs licensees must use Global tion are based on Appendix 7 of the Positioning Satellite-related or other International Telecommunication similar position location technology to Union Radio Regulations and certain ensure compliance with the provisions recommendations of the ITU of subparagraphs 1–3 of this paragraph. Radiocommunication Sector (available [84 FR 53656, Oct. 8, 2019, as amended at 85 FR at the address in § 0.445 of this chapter). 44787, July 24, 2020] [66 FR 10630, Feb. 16, 2001, as amended at 78 FR 8430, Feb. 6, 2013]

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§ 25.252 [Reserved] (c) An applicant for an ancillary terrestrial component in these bands § 25.253 Special requirements for an- shall: cillary terrestrial components oper- (1) Demonstrate, at the time of appli- ating in the 1626.5–1660.5 MHz/ cation, how its ATC network will com- 1525–1559 MHz bands. ply with the requirements of footnotes (a) An ancillary terrestrial compo- US308 and US315 to the table of fre- nent in these bands shall: quency allocations contained in § 2.106 (1) In any band segment coordinated of this chapter regarding priority and for the exclusive use of an MSS appli- preemptive access to the L-band MSS cant within the land area of the U.S., spectrum by the aeronautical mobile- where there is no other L-Band MSS satellite en-route service (AMS(R)S) satellite making use of that band seg- and the global maritime distress and ment within the visible portion of the safety system (GMDSS). geostationary arc as seen from the (2) Coordinate with the terrestrial ATC coverage area, the ATC system CMRS operators prior to initiating will be limited by the in-band and out- ATC transmissions when co-locating of-band emission limitations contained ATC base stations with terrestrial in this section and the requirement to commercial mobile radio service maintain a substantial MSS service. (CMRS) base stations that make use of (2) In any band segment that is co- Global Positioning System (GPS) time- ordinated for the shared use of the ap- based receivers. plicant’s MSS system and another MSS (3) Provide, at the time of applica- operator, where the coordination tion, calculations that demonstrate the ATC system conforms to the T/T re- agreement existed prior to February 10, D quirements in paragraphs (a)(2) and 2005 and permits a level of interference (a)(3) of this section, if a coordination to the other MSS system of less than agreement that incorporates the ATC 6% T/T, the applicant’s combined ATC D operations does not exist with other and MSS operations shall increase the MSS operators. system noise level of the other MSS to (d) Applicants for an ancillary terres- no more then 6% T/T. Any future co- D trial component in these bands must ordination agreement between the par- demonstrate that ATC base stations ties governing ATC operation will su- shall not: persede this paragraph. (1) Exceed a peak EIRP of 31.9–10*log (3) In any band segment that is co- (number of carriers) dBW/200kHz, per ordinated for the shared use of the ap- sector, for each carrier in the 1525– plicant’s MSS system and another MSS 1541.5 MHz and 1547.5–1559 MHz fre- operator, where a coordination agree- quency bands; ment existed prior to February 10, 2005 (2) Exceed an EIRP in any direction and permits a level of interference to toward the physical horizon (not to in- the other MSS system of 6% DT/T or clude man-made structures) of 26.9– greater, the applicant’s ATC operations 10*log (number of carriers) dBW/200 may increase the system noise level of kHz, per sector, for each carrier in the the other MSS system by no more than 1525–1541.5 MHz and 1547.5–1559 MHz fre- an additional 1% DT/T. Any future co- quency bands; ordination agreement between the par- (3) Exceed a peak EIRP of 23.9 ties governing ATC operations will su- ¥10*log(number of carriers) dBW/200 persede this paragraph. kHz, per sector, for each carrier in the (4) In a band segment in which the 1541.5–1547.5 MHz frequency band; applicant has no rights under a coordi- (4) Exceed an EIRP toward the phys- nation agreement, the applicant may ical horizon (not to include man-made not implement ATC in that band. structures) of 18.9–10*log(number of (b) ATC base stations shall not ex- carriers) dBW/200 kHz, per sector, for ceed an out-of-channel emissions meas- each carrier in the 1541.5–1547.5 MHz urement of ¥57.9 dBW/MHz at the edge frequency band; of a MSS licensee’s authorized and (5) Exceed a total power flux density internationally coordinated MSS fre- level of ¥56.8 dBW/m2/200 kHz at the quency assignment. edge of all airport runways and aircraft

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stand areas, including takeoff and (8) Exceed a peak antenna gain of 16 landing paths from all carriers oper- dBi; ating in the 1525–1559 MHz frequency (9) Generate EIRP density, averaged bands. The total power flux density over any two-millisecond active trans- here is the sum of all power flux den- mission interval, greater than ¥70 sity values associated with all carriers dBW/MHz in the 1559–1605 MHz band or in a sector in the 1525–1559 MHz fre- greater than a level determined by lin- quency band, expressed in dB(Watts/m2/ ear interpolation in the 1605–1610 MHz 200 kHz). Free-space loss must be as- band, from ¥70 dBW/MHz at 1605 MHz sumed if this requirement is dem- to ¥46 dBW/MHz at 1610 MHz. The onstrated via calculation; EIRP, averaged over any two-milli- (6) Exceed a total power flux density second active transmission interval, of ¥ 2 level of 56.6 dBW/ m /200 kHz at the discrete out-of-band emissions of less water’s edge of any navigable water- than 700 Hz bandwidth from such base way from all carriers operating in the stations shall not exceed ¥80 dBW in 1525–1541.5 MHz and 1547.5–1559 MHz fre- the 1559–1605 MHz band or exceed a quency bands. The total power flux level determined by linear interpola- density here is the sum of all power tion in the 1605–1610 MHz band, from flux density values associated with all ¥80 dBW at 1605 MHz to ¥56 dBW at carriers in a sector in the 1525–1541.5 MHz and 1547.5–1559 MHz frequency 1610 MHz. A root-mean-square detector bands, expressed in dB(Watts/m2/200 function with a resolution bandwidth kHz). Free-space loss must be assumed of one megahertz or equivalent and no if this requirement is demonstrated via less video bandwidth shall be used to calculation; measure wideband EIRP density for (7) Exceed a total power flux density purposes of this rule, and narrowband level of ¥64.6 dBW/ m2/200 kHz at the EIRP shall be measured with a root- water’s edge of any navigable water- mean-square detector function with a way from all carriers operating in the resolution bandwidth of one kilohertz 1541.5–1547.5 MHz frequency band. The or equivalent. total power flux density here is the (e) Applicants for an ancillary terres- sum of all power flux density values as- trial component in these bands must sociated with all carriers in a sector in demonstrate, at the time of the appli- the 1541.5–1547.5 MHz frequency band, cation, that ATC base stations shall expressed in dB(Watts/m2/200 kHz). use left-hand-circular polarization an- Free-space loss must be assumed if this tennas with a maximum gain of 16 dBi requirement is demonstrated via cal- and overhead gain suppression accord- culation; ing to the following:

Angle from direction of maximum gain, in vertical plane, above antenna (degrees) Antenna discrimination pattern (dB)

0 ...... Gmax 5 ...... Not to Exceed Gmax ¥5 10 ...... Not to Exceed Gmax ¥19 15 to 55 ...... Not to Exceed Gmax ¥27 55 to 145 ...... Not to Exceed Gmax ¥30 145 to 180 ...... Not to Exceed Gmax ¥26

Where: Gmax is the maximum gain of within radio horizon of the SARSAT the base station antenna in dBi. station, whichever is less. (f) Prior to operation, ancillary ter- (2) Take all practicable steps to avoid restrial component licensees shall: locating ATC base stations within (1) Provide the Commission with suf- radio line of sight of Mobile Aero- ficient information to complete coordi- nautical Telemetry (MAT) receive sites nation of ATC base stations with in order to protect U.S. MAT systems Search-and-Rescue Satellite-Aided consistent with ITU–R Recommenda- Tracking (SARSAT) earth stations op- tion ITU–R M.1459. MSS ATC base sta- erating in the 1544–1545 MHz band for tions located within radio line of sight any ATC base station located either of a MAT receiver must be coordinated within 27 km of a SARSAT station, or with the Aerospace and Flight Test

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Radio Coordinating Council (AFTRCC) order intermodulation product of these for non-Government MAT receivers on base stations falls on an L-band MSS a case-by-case basis prior to operation. band coordinated for use by another For government MAT receivers, the MSS operator with rights to the co- MSS licensee shall supply sufficient in- ordinated band, the MSS ATC licensee formation to the Commission to allow must notify the MSS operator. The coordination to take place. A listing of MSS operator may request coordina- current and planned MAT receiver sites tion to modify the base station carrier can be obtained from AFTRCC for non- frequencies, or to reduce the maximum Government sites and through the base station EIRP on the frequencies FCC’s IRAC Liaison for Government contributing to the third-order inter- MAT receiver sites. modulation products. The threshold for (g) ATC mobile terminals shall: this notification and coordination is (1) Be limited to a peak EIRP level of when the sum of the calculated signal 0 dBW and an out-of-channel emissions levels received by an MSS receiver ex- of ¥67 dBW/4 kHz at the edge of an ceeds ¥70 dBm. The MSS receiver used MSS licensee’s authorized and inter- in these calculations can be assumed to nationally coordinated MSS frequency have an antenna with 0 dBi gain. Free- assignment. space propagation between the base (2) Be operated in a fashion that station antennas and the MSS termi- takes all practicable steps to avoid nals can be assumed and actual signal causing interference to U.S. radio as- polarizations for the ATC signals and tronomy service (RAS) observations in the MSS system may be used. the 1660–1660.5 MHz band. [70 FR 19319, Apr. 13, 2005] (3) Not generate EIRP density, averaged over any two-millisecond active § 25.254 Special requirements for an- transmission interval, greater than cillary terrestrial components oper- ¥70 dBW/MHz in the 1559–1605 MHz ating in the 1610–1626.5 MHz/ band or greater than a level deter- 2483.5–2500 MHz bands. mined by linear interpolation in the (a) An applicant for an ancillary ter- 1605–1610 MHz band, from ¥70 dBW/MHz restrial component in these bands must at 1605 MHz to ¥46 dBW/MHz at 1610 demonstrate that ATC base stations MHz. The EIRP, averaged over any shall: two-millisecond active transmission (1) Not exceed a peak EIRP of 32 dBW interval, of discrete out-of-band emis- in 1.25 MHz; sions of less than 700 Hz bandwidth (2) Not cause unacceptable inter- from such mobile terminals shall not ference to systems identified in para- exceed ¥80 dBW in the 1559–1605 MHz graph (c) of this section and, in any band or exceed a level determined by case, shall not exceed out-of-channel linear interpolation in the 1605–1610 emissions of ¥44.1 dBW/30 kHz at the MHz band, from ¥80 dBW at 1605 MHz edge of the MSS licensee’s authorized to ¥56 dBW at 1610 MHz. The EIRP frequency assignment; density of carrier-off-state emissions (3) At the time of application, that it from such mobile terminals shall not has taken, or will take steps necessary exceed ¥80 dBW/MHz in the 1559–1610 to avoid causing interference to other MHz band, averaged over a two-milli- services sharing the use of the 2450–2500 second interval. A root-mean-square MHz band through frequency coordina- detector function with a resolution tion; and bandwidth of one megahertz or equiva- (4) Base stations operating in fre- lent and no less video bandwidth shall quencies above 2483.5 MHz shall not be used to measure wideband EIRP generate EIRP density, averaged over density for purposes of this rule, and any two-millisecond active trans- narrowband EIRP shall be measured mission interval, greater than ¥70 with a root-mean-square detector func- dBW/MHz in the 1559–1610 MHz band. tion with a resolution bandwidth of one The EIRP, averaged over any two-mil- kilohertz or equivalent. lisecond active transmission interval, (h) When implementing multiple base of discrete out-of-band emissions of stations and/or base stations using less than 700 Hz bandwidth from such multiple carriers, where any third- base stations shall not exceed ¥80 dBW

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in the 1559–1610 MHz band. A root- (c) Applicants for an ancillary terres- mean-square detector function with a trial component to be used in conjunc- resolution bandwidth of one megahertz tion with a Mobile-Satellite Service or equivalent and no less video band- system using CDMA technology shall width shall be used to measure wide- coordinate the use of the 1.6/2.4 GHz band EIRP density for purposes of this Mobile-Satellite Service spectrum des- rule, and narrowband EIRP shall be ignated for CDMA systems using the measured with a root-mean-square de- framework established by the ITU in tector function with a resolution band- Recommendation ITU–R M.1186 ‘‘Tech- width of one kilohertz or equivalent. nical Considerations for the Coordina- (b) An applicant for an ancillary ter- tion Between Mobile Satellite Service restrial component in these bands must (MSS) Networks Utilizing Code Divi- demonstrate that mobile terminals sion Multiple Access (CDMA) and Other shall: Spread Spectrum Techniques in the 1– (1) Meet the requirements contained 3 GHz Band’’ (1995). Recommendation in § 25.213 to protect radio astronomy ITU-R M.1186 is incorporated by ref- service (RAS) observations in the erence. The Director of the Federal 1610.6–1613.8 MHz band from unaccept- Register approves this incorporation able interference; by reference in accordance with 5 (2) Observe a peak EIRP limit of 1.0 U.S.C. 552(a) and 1 CFR part 51. Copies dBW in 1.25 MHz; of this standard can be inspected at the (3) Observe an out-of-channel EIRP Federal Communications Commission, limit of ¥57.1 dBW/30 kHz at the edge 445 12th Street, SW., Washington, DC of the licensed MSS frequency assign- (Reference Information Center) or at ment. the National Archives and Records Ad- (4) ATC mobile terminals operating ministration (NARA). For information in assigned frequencies in the 1610– on the availability of this material at 1626.5 MHz band shall not generate NARA, call 202–741–6030, or go to: http:// EIRP density, averaged over any two- www.archives.gov/federallregister/ millisecond active transmission inter- codeloflfederallregulations/ val, greater than ¥70 dBW/MHz in the ibrllocations.html. The ITU-R Rec- 1559–1605 MHz band or greater than a ommendations can also be purchased level determined by linear interpola- from the International Telecommuni- tion in the 1605–1610 MHz band, from cation Union (ITU), Place des Nations, ¥70 dBW/MHz at 1605 MHz to ¥10 dBW/ CH–1211 Geneva 20, Switzerland. MHz at 1610 MHz. The EIRP, averaged (d) To avoid interference to an adja- over any two-millisecond active trans- cent channel licensee in the Broadband mission interval, of discrete out-of- Radio Service (BRS), the power of any band emissions of less than 700 Hz ATC base station emission above 2495 bandwidth from such mobile terminals MHz shall be attenuated below the shall not exceed ¥80 dBW in the 1559– transmitter power (P) measured in 1605 MHz band or exceed a level deter- watts in accordance with the standards mined by linear interpolation in the below. If these measures do not resolve 1605–1610 MHz band, from ¥80 dBW at a documented interference complaint 1605 MHz to ¥20 dBW at 1610 MHz. The received from the adjacent channel EIRP density of carrier-off-state emis- BRS licensee, the provisions of § 25.255 sions from such mobile terminals shall shall apply. not exceed ¥80 dBW/MHz in the 1559– (1) For base stations, the attenuation 1610 MHz band, averaged over a two- shall be not less than 43 + 10 log (P) dB millisecond interval. A root-mean- at the upper edge of the authorized square detector function with a resolu- ATC band, unless a documented inter- tion bandwidth of one megahertz or ference complaint is received from an equivalent and no less video bandwidth adjacent channel licensee in the BRS. shall be used to measure wideband Provided that a documented inter- EIRP density for purposes of this rule, ference complaint cannot be mutually and narrowband EIRP shall be meas- resolved between the parties, the fol- ured with a root-mean-square detector lowing additional attenuation require- function with a resolution bandwidth ments set forth in subsections (2)–(5) of one kilohertz or equivalent. shall apply:

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(2) If a pre-existing BRS base station (6) Compliance with these rules is suffers harmful interference from emis- based on the use of measurement in- sions caused by a new or modified ATC strumentation employing a resolution base station located 1.5 km or more bandwidth of 1 MHz or greater. How- away, within 24 hours of the receipt of ever, in the 1 MHz bands immediately a documented interference complaint above and adjacent to the 2495 MHz a the ATC licensee must attenuate its resolution bandwidth of at least one emissions by at least 67 + 10 log (P) dB percent of the emission bandwidth of measured at 3 megahertz above the the fundamental emission of the trans- edge of the authorized ATC band, and mitter may be employed. A narrower shall immediately notify the com- resolution bandwidth is permitted in plaining licensee upon implementation all cases to improve measurement ac- of the additional attenuation. curacy, provided the measured power is (3) If a pre-existing BRS base station integrated over the full required meas- suffers harmful interference from emis- urement bandwidth (i.e., 1 MHz or 1 sions caused by a new or modified ATC percent of emission bandwidth, as spec- base station located less than 1.5 km ified). The emission bandwidth is de- away, within 24 hours of the receipt of fined as the width of the signal be- a documented interference complaint tween two points, one below the carrier the ATC licensee must attenuate its center frequency and one above the emissions by at least 67 + 10 log (P) ¥20 carrier center frequency, outside of which all emissions are attenuated at log(Dkm/1.5) dB measured at 3 megahertz above the edge of the authorized least 26 dB below the transmitter ATC band, or if both base stations are power. When an emission outside of the co-located, limit its undesired signal authorized bandwidth causes harmful level at the pre-existing BRS base sta- interference, the Commission may, at tion receiver(s) to no more than ¥107 its discretion, require greater attenu- dBm measured in a 5.5 megahertz band- ation than specified in this section. width and shall immediately notify the (e) Licensees of terrestrial low-power complaining licensee upon such reduc- systems operating in the 2483.5–2495 tion in the undesired signal level. MHz band shall operate consistent with (4) If a new or modified BRS base sta- the technical limits and other require- tion suffers harmful interference from ments specified in § 25.149(c)(4) and emissions caused by a pre-existing ATC (g)(2)–(3). base station located 1.5 km or more NOTE TO § 25.254: The preceding rules of away, within 60 days of receipt of a § 25.254 are based on cdma2000 and IS–95 sys- documented interference complaint the tem architecture. To the extent that a 1.6/2.4 licensee of the ATC base station must GHz Mobile-Satellite Service licensee is able attenuate its base station emissions by to demonstrate that the use of different system architectures would produce no greater at least 67 + 10 log (P) dB measured at potential interference than would be pro- 3 megahertz above the edge of the au- duced as a result of implementing the rules thorized ATC band. of this section, the licensee may apply for (5) If a new or modified BRS base sta- ATC authorization based on another system tion suffers harmful interference from architecture. emissions caused by a pre-existing ATC base station located less than 1.5 km [68 FR 33653, June 5, 2003, as amended at 69 away, within 60 days of receipt of a FR 18803, Apr. 9, 2004; 70 FR 19320, Apr. 13, 2005; 73 FR 25592, May 5, 2008; 78 FR 8430, Feb. documented interference complaint: 6, 2013; 82 FR 8819, Jan. 31, 2017] (i) the ATC licensee must attenuate its base station emissions by at least 67 § 25.255 Procedures for resolving + 10 log (P) ¥20 log(Dkm/1.5) dB meas- harmful interference related to op- ured 3 megahertz above the edge of the eration of ancillary terrestrial com- authorized ATC band, or ponents operating in the 1.5/1.6 GHz (ii) if both base stations are co-lo- and 1.6/2.4 GHz bands. cated, the ATC licensee must limit its If harmful interference is caused to undesired signal level at the new or other services by ancillary MSS ATC modified BRS base station receiver(s) operations, either from ATC base sta- to no more than ¥107 dBm measured in tions or mobile terminals, the MSS a 5.5 megahertz bandwidth. ATC operator must resolve any such

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interference. If the MSS ATC operator feeder link earth station complexes claims to have resolved the inter- that transmit in the 29.1–29.25 GHz ference and other operators claim that band. interference has not been resolved, (d) Additional NGSO MSS operators then the parties to the dispute may pe- may be licensed in this band if the ad- tition the Commission for a resolution ditional NGSO MSS operator shows of their claims. that its system can share with the ex- [68 FR 33653, June 5, 2003, as amended at 78 isting NGSO MSS systems. FR 8267, Feb. 5, 2013] (e) All NGSO MSS operators shall cooperate fully and make reasonable ef- § 25.256 Special Requirements for op- forts to identify mutually acceptable erations in the 3.65–3.7 GHz band. locations for feeder link earth station Upon request from a terrestrial li- complexes. In this regard, any single censee authorized under subpart Z, NGSO MSS operator may identify only part 90 that seeks to place base and one feeder-link earth station complex fixed stations in operation within 150 protection zone in each category iden- km of a primary earth station, licens- tified in § 101.147(y)(2) of this chapter ees of earth stations operating on a pri- until the other NGSO MSS operator mary basis in the Fixed-Satellite Serv- has been given an opportunity to select ice in the 3.65–3.7 GHz band must nego- a location from the same category. tiate in good faith with that terrestrial licensee to arrive at mutually agree- [61 FR 44181, Aug. 28, 1996, as amended at 78 able operating parameters to prevent FR 8430, Feb. 6, 2013; 81 FR 55348, Aug. 18, unacceptable interference. 2016] [70 FR 24725, May 11, 2005, as amended at 78 § 25.258 Sharing between NGSO MSS FR 8430, Feb. 6, 2013] feeder-link stations and GSO FSS services in the 29.25–29.5 GHz band. § 25.257 Special requirements for NGSO MSS operations in the 29.1– (a) Operators of NGSO MSS feeder 29.25 GHz band regarding LMDS. link earth stations and GSO FSS earth (a) Non-geostationary Mobile-Sat- stations in the band 29.25 to 29.5 GHz ellite Service (NGSO MSS) operators where both services have a co-primary shall be licensed to use the 29.1–29.25 allocation shall cooperate fully in GHz band for Earth-to-space trans- order to coordinate their systems. Dur- missions from feeder link earth station ing the coordination process both serv- complexes. A ‘‘feeder link earth station ice operators shall exchange the nec- complex’’ may include up to three (3) essary technical parameters required earth station groups, with each earth for coordination. station group having up to four (4) an- (b) Licensed GSO FSS earth stations tennas, located within a radius of 75 in the vicinity of operational NGSO km of a given set of geographic coordi- MSS feeder-link earth station com- nates provided by a NGSO MSS licens- plexes must, to the maximum extent ees or applicants pursuant to § 101.147. possible, operate with frequency/polar- (b) A maximum of seven (7) feeder ization selections that will minimize link earth station complexes in the unacceptable interference with recep- contiguous United States, Alaska and tion of GSO FSS and NGSO MSS Hawaii may be placed into operation, uplink transmissions in the 29.25–29.5 in the largest 100 MSAs, in the band GHz band. Earth station licensees oper- 29.1–29.25 GHz in accordance with ating with GSO FSS systems shall be § 25.203 and § 101.147 of this chapter. capable of providing earth station loca- (c) One of the NGSO MSS operators tions to support coordination of NGSO licensed to use the 29.1–29.25 GHz band MSS feeder link stations under para- may specify geographic coordinates for graphs (a) and (c) of this section. Oper- a maximum of eight feeder link earth ation of ubiquitously deployed GSO station complexes that transmit in the FSS earth stations in the 29.25–29.5 GHz 29.1–29.25 GHz band. The other NGSO frequency band must conform to the MSS operator licensed to use the 29.1– rules contained in § 25.218(i). 29.25 GHz band may specify geographic (c) Applicants for authority to use coordinates for a maximum of two the 29.25–29.5 GHz band for NGSO MSS

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feeder uplinks will have to dem- necessary for compliance with these re- onstrate that their systems can share strictions. The ephemeris information with GSO FSS and NGSO MSS systems must be updated system-wide on at that have been authorized for oper- least a weekly basis. For calculation ation in that band. required for compliance with these re- [67 FR 37336, May 29, 2002, as amended at 68 strictions an NVNG MSS licensee shall FR 16967, Apr. 8, 2003; 81 FR 55348, Aug. 18, use an orbital propagator algorithm 2016; 84 FR 53659, Oct. 8, 2019] with an accuracy equal to or greater than the NORAD propagator used by § 25.259 Time sharing between NOAA NOAA. meteorological satellite systems and non-voice, non-geostationary sat- (b) An NVNG licensee time sharing ellite systems in the 137–138 MHz spectrum in the 137–138 MHz band must band. establish a 24-hour per day contact per- (a) The space stations of a non-voice, son and telephone number so that non-geostationary Mobile-Satellite claims of harmful interference into Service (NVNG MSS) system time- NOAA earth stations and other oper- sharing downlink spectrum in the 137– ational issues can be reported and re- 138 MHz band with National Oceanic solved expeditiously. This contact in- and Atmospheric Administration formation must be made available to (NOAA) satellites shall not transmit NOAA or its designee. If the NTIA noti- signals into the ‘‘protection areas’’ of fies the Commission that NOAA is re- the NOAA satellites. ceiving unacceptable interference from (1) With respect to transmission in a NVNG licensee, the Commission will the 137.333–137.367 MHz, 137.485–137.515 require such NVNG licensee to termi- MHz, 137.605–137.635 MHz, and 137.753– nate its interfering operations imme- 137.787 MHz bands, the protection area diately unless it demonstrates to the for a NOAA satellite is the area on the Commission’s reasonable satisfaction, Earth’s surface in which the NOAA sat- and that of NTIA, that it is not respon- ellite is in line of sight from the sible for causing harmful interference ground at an elevation angle of five de- into the worldwide NOAA system. An grees or more above the horizon. No NVNG licensee assumes the risk of any NVNG MSS satellite shall transmit in liability or damage that it and its di- these bands when it is in line of sight rectors, officers, employees, affiliates, at an elevation angle of zero degrees or agents and subcontractors may incur more from any point on the ground within a NOAA satellite’s protected or suffer in connection with an inter- area for that band. ruption of its Mobile-Satellite Service, (2) With respect to transmission in in whole or in part, arising from or re- the 137.025–137.175 MHz and 137.825–138 lating to its compliance or noncompli- MHz bands, the protection area for a ance with the requirements of this NOAA satellite is the area on the paragraph. Earth’s surface in which the NOAA sat- (c) Each satellite in a NVNG licens- ellite is in line of sight from the ee’s system time-sharing spectrum ground at any elevation angle above with NOAA in the 137–138 MHz band zero degrees. No NVNG MSS satellite shall automatically turn off and cease shall transmit in these bands when at a satellite transmissions if, after 72 con- line-of-sight elevation angle of zero de- secutive hours, no reset signal is re- grees or more from any point on the ceived from the NVNG licensee’s gate- ground within a NOAA satellite’s pro- way earth station and verified by the tected area for that band. In addition, satellite. All satellites in such NVNG such an NVNG MSS satellite shall licensee’s system shall be capable of in- cease transmitting when it is at an ele- stantaneous shutdown on any sub-band vation angle of less than zero degrees upon command from such NVNG li- from any such point, if reasonably nec- censee’s gateway earth station. essary to protect reception of the NOAA satellite’s signal. [62 FR 59296, Nov. 3, 1997, as amended at 78 (3) An NVNG MSS licensee is respon- FR 8430, Feb. 6, 2013; 79 FR 8324, Feb. 12, 2014] sible for obtaining the ephemeris data

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§ 25.260 Time sharing between DoD rectors, officers, employees, affiliates, meteorological satellite systems and agents and subcontractors may incur non-voice, non-geostationary sat- or suffer in connection with an inter- ellite systems in the 400.15–401 MHz ruption of its Mobile-Satellite Service, band. in whole or in part, arising from or re- (a) The space stations of a non-voice, lating to its compliance or noncompli- non-geostationary Mobile-Satellite ance with the requirements of this Service (NVNG MSS) system time- paragraph. sharing downlink spectrum in the (c) Each satellite in a NVNG licens- 400.15–401.0 MHz band with Department ee’s system time-sharing spectrum of Defense (DoD) satellites shall not with DoD in the 400.15–401 MHz band transmit signals into the ‘‘protection shall automatically turn off and cease areas’’ of the DoD satellites. satellite transmissions if, after 72 con- (1) The protection area for such a secutive hours, no reset signal is re- DoD satellite is the area on the Earth’s ceived from the NVNG licensee’s gate- surface in which the DoD satellite is in way earth station and verified by the line of sight from the ground at an ele- satellite. All satellites in such NVNG vation angle of five degrees or more licensee’s system shall be capable of in- above the horizon. stantaneous shutdown on any sub-band (2) An NVNG MSS space station shall upon command from such NVNG li- not transmit in the 400.15–401 MHz band censee’s gateway earth station. when at a line-of-sight elevation angle (d) Initially, a NVNG licensee time- of zero degrees or more from any point sharing spectrum with DoD in the on the ground within the protected 400.15–401 MHz band shall be able to area of a DoD satellite operating in change the frequency on which its sys- that band. tem satellites are operating within 125 (3) An NVNG MSS licensee is respon- minutes of receiving notification from sible for obtaining the ephemeris data a DoD required frequency change in the necessary for compliance with this re- 400.15–401 MHz band. Thereafter, when a striction. The ephemeris information NVNG licensee constructs additional must be updated system-wide at least gateway earth stations located outside once per week. For calculation re- of North and South America, it shall quired for compliance with this restric- use its best efforts to decrease to 90 tion an NVNG MSS licensee shall use minutes the time required to imple- an orbital propagator algorithm with ment a DoD required frequency change. an accuracy equal to or greater than A NVNG licensee promptly shall notify the NORAD propagator used by DoD. the Commission and NTIA of any de- (b) An NVNG licensee time sharing crease in the time it requires to imple- spectrum in the 400.15–401 MHz band ment a DoD required frequency change. must establish a 24-hour per day con- (e) Once a NVNG licensee time-shar- tact person and telephone number so ing spectrum with DoD in the 400.15–401 that claims of harmful interference MHz band demonstrates to DoD that it into DoD earth stations and other is capable of implementing a DoD re- operational issues can be reported and quired frequency change within the resolved expeditiously. This contact in- time required under paragraph (d) of formation must be made available to this section, thereafter, such NVNG li- DoD or its designee. If the NTIA noti- censee shall demonstrate its capability fies the Commission that DoD is re- to implement a DoD required frequency ceiving unacceptable interference from change only once per year at the in- a NVNG licensee, the Commission will struction of DoD. Such demonstrations require such NVNG licensee to termi- shall occur during off-peak hours, as nate its interfering operations imme- determined by the NVNG licensee, un- diately unless it demonstrates to the less otherwise agreed by the NVNG li- Commission’s reasonable satisfaction, censee and DoD. Such NVNG licensee and that of NTIA, that it is not respon- will coordinate with DoD in estab- sible for causing harmful interference lishing a plan for such a demonstra- into the worldwide DoD system. A tion. In the event that a NVNG li- NVNG licensee assumes the risk of any censee fails to demonstrate to DoD liability or damage that it and its di- that it is capable of implementing a

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DoD required frequency change in ac- (2) The affected station(s) of the re- cordance with a demonstration plan es- spective satellite systems may operate tablished by DoD and the NVNG li- in only the selected (1/n) spectrum as- censee, upon the Commission’s receipt sociated with its satellite system while of a written notification from NTIA de- the DT/T of 6 percent threshold is ex- scribing such failure, the Commission ceeded; shall impose additional conditions or (3) All affected station(s) may resume requirements on the NVNG licensee’s operations throughout the assigned fre- authorization as may be necessary to quency bands once the threshold is no protect DoD operations in the 400.15–401 longer exceeded. MHz downlink band until the Commis- [82 FR 59986, Dec. 18, 2017] sion is notified by NTIA that the NVNG licensee has successfully dem- § 25.262 Licensing and domestic co- onstrated its ability to implement a ordination requirements for 17/24 DoD required frequency change. Such GHz BSS space stations. additional conditions or requirements (a) An applicant may be authorized may include, but are not limited to, re- to operate a space station transmitting quiring such NVNG licensee imme- in the 17.3–17.8 GHz band at levels up to diately to terminate its operations the maximum power flux density lim- interfering with the DoD system. its defined in § 25.208(c) and/or § 25.208(w), without coordinating its [62 FR 59296, Nov. 3, 1997, as amended at 78 power flux density levels with adjacent FR 8430, Feb. 6, 2013; 79 FR 8325, Feb. 12, 2014] licensed or permitted operators, only if § 25.261 Sharing among NGSO FSS there is no licensed space station, or space stations. prior-filed application for a space station transmitting in the 17.3–17.8 GHz (a) Scope. This section applies to band at a location less than four de- NGSO FSS operation with earth sta- grees from the orbital location at tions with directional antennas any- which the applicant proposes to oper- where in the world under a Commission ate. license, or in the United States under a (b) Any U.S. licensee or permittee au- grant of U.S. market access. thorized to transmit in the 17.3–17.8 (b) Coordination. NGSO FSS operators GHz band that does not comply with must coordinate in good faith the use the power flux-density limits set forth of commonly authorized frequencies. in § 25.208(c) and/or § 25.208(w) shall bear (c) Default procedure. Absent coordi- the burden of coordinating with any fu- nation between two or more satellite ture co-frequency licensees and permit- systems, whenever the increase in sys- tees of a space station transmitting in tem noise temperature of an earth sta- the 17.3–17.8 GHz band under the fol- tion receiver, or a space station re- lowing circumstances: ceiver for a satellite with on-board (1) If the operator’s space-to-Earth processing, of either system, DT/T, ex- power flux-density levels exceed the ceeds 6 percent due to interference power flux-density limits set forth in from emissions originating in the other § 25.208(c) and/or § 25.208(w) by 3 dB or system in a commonly authorized fre- less, the operator shall bear the burden quency band, such frequency band will of coordinating with any future opera- be divided among the affected satellite tors proposing a space station trans- networks in accordance with the fol- mitting in the 17.3–17.8 GHz band in lowing procedure: compliance with power flux-density (1) Each of n (number of) satellite limits set forth in § 25.208(c) and/or networks involved must select 1/n of § 25.208(w) and located within ±6 degrees the assigned spectrum available in of the operator’s 17/24 GHz BSS space each of these frequency bands. The se- station. lection order for each satellite network (2) If the operator’s space-to-Earth will be determined by the date that the power flux-density levels exceed the first space station in each satellite sys- power flux-density limits set forth in tem is launched and capable of oper- § 25.208(c) and/or § 25.208(w) by more ating in the frequency band under con- than 3 dB, the operator shall bear the sideration; burden of coordinating with any future

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operators proposing a space station trial repeater must, before com- transmitting in the 17.3–17.8 GHz band mencing such operation, provide 10 in compliance with power flux-density business days prior notice to all poten- limits set forth in § 25.208(c) and/or tially affected Wireless Communica- § 25.208(w) and located within ±10 de- tions Service (WCS) licensees. SDARS grees of the operator’s space station. licensees that intend to modify an ex- (3) If no good faith agreement can be isting repeater must, before com- reached, the operator of the space sta- mencing such modified operation, pro- tion transmitting in the 17.3–17.8 GHz vide 5 business days prior notice to all band that does not comply with potentially affected WCS licensees. § 25.208(c) and/or § 25.208(w) shall reduce (1) For purposes of this section, a its space-to-Earth power flux-density ‘‘potentially affected WCS licensee’’ is levels to be compliant with those speci- a WCS licensee that: fied in § 25.208(c) and/or § 25.208(w). (i) Is authorized to operate a base (c) Any U.S. licensee or permittee station in the 2305–2315 MHz or 2350– using a space station transmitting in 2360 MHz bands in the same Major Eco- the 17.3–17.8 GHz band that is required nomic Area (MEA) as that in which the to provide information in its applica- terrestrial repeater is to be located; tion pursuant to § 25.140(b)(4) must accept any increased interference that (ii) Is authorized to operate base sta- may result from adjacent space station in the 2315–2320 MHz or 2345–2350 tions transmitting in the 17.3–17.8 GHz MHz bands in the same Regional Eco- band that are operating in compliance nomic Area Grouping (REAG) as that with the rules for such space stations in which the terrestrial repeater is to specified in §§ 25.140(b), 25.202(a)(9) and be located; (e)–(g), 25.208(c) and (w), 25.210(i)–(j), (iii) In addition to the WCS licensees 25.224, 25.262, 25.264(h), and 25.273(a)(3)). identified in paragraphs (b)(1)(i) and (d) Notwithstanding the provisions of (ii) of this section, in cases in which this, licensees and permittees will be the SDARS licensee plans to deploy or allowed to apply for a license or au- modify a terrestrial repeater within 5 thorization for a replacement satellite kilometers of the boundary of an MEA that will be operated at the same or REAG in which the terrestrial re- power level and interference protection peater is to be located, a potentially as the satellite to be replaced. affected WCS licensee is one that is authorized to operate a WCS base station [83 FR 34491, July 20, 2018] in that neighboring MEA or REAG § 25.263 Information sharing require- within 5 kilometers of the location of ments for SDARS terrestrial re- the terrestrial repeater. peater operators. (2) For the purposes of this section, a This section requires SDARS licens- business day is defined by § 1.4(e)(2) of ees in the 2320–2345 MHz band to share this chapter. information regarding the location and (3) For modifications other than operation of terrestrial repeaters with changes in location, a licensee may WCS licensees in the 2305–2320 MHz and provide notice within 24 hours after the 2345–2360 MHz bands. Section 27.72 of modified operation if the modification this chapter requires WCS licensees to does not result in a predicted increase share information regarding the loca- of the power flux density (PFD) at tion and operation of base stations in ground level by more than 1 dB since the 2305–2320 MHz and 2345–2360 MHz the last advance notice was given. If a bands with SDARS licensees in the demonstration is made by the WCS li- 2320–2345 MHz band. censee that such modifications may (a) SDARS licensees must select ter- cause harmful interference to WCS re- restrial repeater sites and frequencies, ceivers, SDARS licensees will be re- to the extent practicable, to minimize quired to provide notice 5 business days the possibility of harmful interference in advance of additional repeater modi- to WCS base station operations in the fications. 2305–2320 MHz and 2345–2360 MHz bands. (4) SDARS repeaters operating below (b) Notice requirements. SDARS licens- 2 watts equivalent isotropically radi- ees that intend to operate a new terres- ated power (EIRP) are exempt from the

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notice requirements set forth in this formation set forth in § 25.263(c)(2), paragraph. which shall be available upon request (5) SDARS licensees are encouraged by the Commission. to develop separate coordination agree- (d) Calculation of Notice Period. Notice ments with WCS licensees to facilitate periods are calculated from the date of efficient deployment of and coexistence receipt by the licensee being notified. between each service. To the extent the If notification is by mail, the date of provisions of any such coordination receipt is evidenced by the return re- agreement conflict with the require- ceipt on certified mail. If notification ments set forth herein, the procedures is by fax, the date of receipt is evi- established under a coordination agree- denced by the notifying party’s fax ment will control. SDARS licensees transmission confirmation log. If noti- must maintain a copy of any coordina- fication is by e-mail, the date of re- tion agreement with a WCS license in ceipt is evidenced by a return e-mail their station files and disclose it to receipt. If the SDARS licensee and all prospective assignees, transferees, or potentially affected WCS licensees spectrum lessees and, upon request, to reach a mutual agreement to provide the Commission. notification by some other means, that (6) SDARS and WCS licensees may agreement must specify the method for enter into agreements regarding alter- determining the beginning of the no- native notification procedures. tice period. (c) Contents of notice. (1) Notification (e) Duty to cooperate. SDARS licens- must be written (e.g., certified letter, ees must cooperate in good faith in the fax, or e-mail) and include the licens- selection and use of new repeater sites ee’s name, and the name, address, and to reduce interference and make the telephone number of its coordination most effective use of the authorized fa- representative, unless the SDARS li- cilities. SDARS licensees should pro- censee and all potentially affected WCS vide WCS licensees as much lead time licensees reach a mutual agreement to as practicable to provide ample time to provide notification by some other conduct analyses and opportunity for means. WCS licensees and SDARS li- prudent repeater site selection prior to censees may establish such a mutually SDARS licensees entering into real es- agreeable alternative notification tate and tower leasing or purchasing mechanism without prior Commission agreements. Licensees of stations suf- approval, provided that they comply fering or causing harmful interference with all other requirements of this sec- must cooperate in good faith and re- tion. solve such problems by mutually satis- (2) Regardless of the notification factory arrangements. If the licensees method, notification must specify rel- are unable to do so, the International evant technical details, including, at a Bureau, in consultation with the Office minimum: of Engineering and Technology and the (i) The coordinates of the proposed Wireless Telecommunications Bureau, repeater to an accuracy of no less than will consider the actions taken by the ±1 second latitude and longitude; parties to mitigate the risk of and rem- (ii) The proposed operating power(s), edy any alleged interference. In deter- frequency band(s), and emission(s); mining the appropriate action, the Bu- (iii) The antenna center height above reau will take into account the nature ground and ground elevation above and extent of the interference and act mean sea level, both to an accuracy of promptly to remedy the interference. no less than ±1 meter; The Bureau may impose restrictions on (iv) The antenna gain pattern(s) in SDARS licensees, including specifying the azimuth and elevation planes that the transmitter power, antenna height, include the peak of the main beam; and or other technical or operational meas- (v) The antenna downtilt angle(s). ures to remedy the interference, and (3) An SDARS licensee operating ter- will take into account previous meas- restrial repeaters must maintain an ac- ures by the licensees to mitigate the curate and up-to-date inventory of its risk of interference. terrestrial repeaters operating above 2 [75 FR 45069, Aug. 2, 2010, as amended at 78 watts average EIRP, including the in- FR 9619, Feb. 11, 2013]

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§ 25.264 Requirements to facilitate re- sign review for the space station, verse-band operation in the 17.3– whichever occurs later. 17.8 GHz band of 17/24 GHz BSS (b) A 17/24 GHz BSS space station ap- and DBS Service space stations. plicant or licensee must submit power (a) Each 17/24 GHz BSS space station flux density (pfd) calculations based on applicant or licensee must submit a se- the predicted gain data submitted in ries of tables or graphs containing pre- accordance with paragraph (a) of this dicted off-axis gain data for each an- section, as follows: tenna that will transmit in the 17.3–17.8 (1) The pfd calculations must be pro- GHz frequency band, in accordance vided at the location of all prior-filed with the following specifications. Using U.S. DBS space stations where the ap- a Cartesian coordinate system wherein plicant’s pfd level exceeds the coordi- the X axis is tangent to the geo- nation trigger of ¥117 dBW/m2/100 kHz stationary orbital arc with the positive in the 17.3–17.8 GHz band. In this rule, direction pointing east, i.e., in the di- the term prior-filed U.S. DBS space rection of travel of the satellite; the Y station refers to any co-frequency Di- axis is parallel to a line passing rect Broadcast Satellite service space through the geographic north and station for which an application was south poles of the Earth, with the posi- filed with the Commission, or an au- tive direction pointing south; and the Z thorization was granted by the Com- axis passes through the satellite and mission, prior to the filing of the infor- the center of the Earth, with the posi- mation and certifications required by tive direction pointing toward the paragraphs (a) and (b) of this section. Earth, the applicant or licensee must The term prior-filed U.S. DBS space provide the predicted transmitting an- station does not include any applica- tenna off-axis antenna gain informa- tions (or authorizations) that have tion: been denied, dismissed, or are other- (1) In the X–Z plane, i.e., the plane of wise no longer valid. Prior-filed U.S. the geostationary orbit, over a range of DBS space stations may include for- ± 30 degrees from the positive and nega- eign-licensed DBS space stations seek- tive X axes in increments of 5 degrees ing authority to serve the United or less. States market, but do not include for- (2) In planes rotated from the X–Z eign-licensed DBS space stations that plane about the Z axis, over a range of have not filed applications with the ±60 degrees relative to the equatorial Commission for market access in the plane, in increments of 10 degrees or United States. less. (3) In both polarizations. (2) The pfd calculations must take (4) At a minimum of three measure- into account the maximum permitted ment frequencies determined with re- longitudinal station-keeping tolerance, spect to the entire portion of the 17.3– orbital inclination and orbital eccen- 17.8 GHz frequency band over which the tricity of both the 17/24 GHz BSS and space station is designed to transmit: 5 DBS space stations, and must: MHz above the lower edge of the band; (i) Identify each prior-filed U.S. DBS at the band center frequency; and 5 space station at whose location the co- MHz below the upper edge of the band. ordination threshold pfd level of ¥117 (5) Over a greater angular measure- dBW/m2/100 kHz is exceeded; and ment range, if necessary, to account (ii) Indicate the extent to which the for any planned spacecraft orientation calculated pfd of the 17/24 GHz space bias or change in operating orientation station’s transmissions in the 17.3–17.8 relative to the reference coordinate GHz band exceed the threshold pfd system. The applicant or licensee must level of ¥117 dBW/m2/100 kHz at those state the reasons for including such ad- prior-filed U.S. DBS space station loca- ditional information. tions. (6) The predictive gain information (3) If the calculated pfd exceeds the must be submitted to the Commission threshold level of ¥117 dBW/m2/100 kHz when a license application is filed for a at the location of any prior-filed U.S. 17/24 GHz BSS space station or within DBS space station, the applicant or li- 60 days after completion of critical de- censee must also provide with the pfd

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calculations a certification that all af- band calculated on the basis of meas- fected DBS operators acknowledge and ured gain data exceeds ¥117 dBW/m2/100 do not object to such higher off-axis kHz. In this rule, the term subse- pfd levels. No such certification is re- quently filed U.S. DBS space station quired in cases where the DBS and 17/24 refers to any co-frequency Direct GHz BSS assigned operating fre- Broadcast Satellite service space sta- quencies do not overlap. tion proposed in a license application (4) The information and any certifi- filed with the Commission after the 17/ cation required by paragraph (b) of this 24 GHz BSS operator submitted the section must be submitted to the Com- predicted data required by paragraphs mission when a license application is (a) through (b) of this section but be- filed for a 17/24 GHz BSS space station fore submission of the measured data or within 60 days after completion of required by this paragraph. Subse- critical design review for the space sta- quently-filed U.S. DBS space stations tion, whichever occurs later. Other- may include foreign-licensed DBS wise, such information and certifi- space stations seeking authority to cations must be submitted to the Com- serve the United States market. The mission within 24 months after the term does not include any applications grant of an operating license for a 17/24 (or authorizations) that have been de- GHz BSS space station or when the ap- nied, dismissed, or are otherwise no plicant or licensee certifies completion longer valid, nor does it include for- of critical design review, whichever oc- eign-licensed DBS space stations that curs first. have not filed applications with the (c) No later than 2 months prior to Commission for market access in the launch, each 17/24 GHz BSS space sta- United States. tion licensee must update the predicted (2) The pfd calculations must take transmitting antenna off-axis gain in- into account the maximum permitted formation provided in accordance with longitudinal station-keeping tolerance, paragraph (a) of this section by submit- orbital inclination and orbital eccen- ting measured transmitting antenna tricity of both the 17/24 GHz BSS and off-axis gain information over the an- DBS space stations, and must: gular ranges, measurement frequencies (i) Identify each prior-filed U.S. DBS and polarizations specified in para- space station at whose location the co- graphs (a)(1) through (5) of this section. ordination threshold pfd level of ¥117 The transmitting antenna off-axis gain dBW/m2/100 kHz is exceeded; and information should be measured under (ii) Demonstrate the extent to which conditions as close to flight configura- the applicant’s or licensee’s trans- tion as possible. missions in the 17.3–17.8 GHz band ex- (d) No later than 2 months prior to ceed the threshold pfd level of ¥117 launch, or when applying for authority dBW/m2/100 kHz at those prior-filed to change the location of a 17/24 GHz U.S. DBS space station locations. BSS space station that is already in (e) If the pfd level calculated from orbit, each 17/24 GHz BSS space station the measured data submitted in ac- licensee must provide pfd calculations cordance with paragraph (d) of this sec- based on the measured off-axis gain tion is in excess of the threshold pfd data submitted in accordance with level of ¥117 dBW/m2/100 kHz: paragraph (c) of this section, as fol- (1) At the location of any prior-filed lows: U.S. DBS space station as defined in (1) The pfd calculations must be pro- paragraph (b)(1) of this section, then vided: the 17/24 GHz broadcasting-satellite op- (i) At the location of all prior-filed erator must either: U.S. DBS space stations as defined in (i) Coordinate its operations that are paragraph (b)(1) of this section, where in excess of the threshold pfd level of the applicant’s pfd level in the 17.3–17.8 ¥117 dBW/m2/100 kHz with the affected GHz band exceeds the coordination prior-filed U.S. DBS space station oper- trigger of ¥117 dBW/m2/100 kHz; and ator, or (ii) At the location of any subse- (ii) Adjust its operating parameters quently filed U.S. DBS space station so that at the location of the prior- where the pfd level in the 17.3–17.8 GHz filed U.S. DBS space station, the pfd

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level of ¥117 dBW/m2/100 kHz is not ex- frequency assignments may not be li- ceeded. censed to operate at locations sepa- (2) At the location of any subse- rated by less than 0.2 degrees in orbital quently-filed U.S. DBS space station as longitude. defined in paragraph (d)(1) of this sec- (h) All operational 17/24 GHz BSS tion, where the pfd level submitted in space stations must be maintained in accordance with paragraph (d) of this geostationary orbits that: section, is also in excess of the pfd (1) Do not exceed 0.075° of inclination. level calculated on the basis of the pre- (2) Operate with an apogee less than dicted data submitted in accordance or equal to 35,806 km above the surface with paragraph (a) of this section that of the Earth, and with a perigee great- were on file with the Commission at er than or equal to 35,766 km above the the time the DBS space station appli- surface of the Earth (i.e., an eccen- cation was filed, then the 17/24 GHz tricity of less than 4.7 × 10¥4). broadcasting-satellite operator must (i) U.S. authorized DBS networks either: may claim protection from space path (i) Coordinate with the affected sub- interference arising from the reverse- sequently-filed U.S. DBS space station band operations of U.S. authorized 17/24 operator all of its operations that are GHz BSS networks to the extent that either in excess of the pfd level cal- the DBS space station operates within culated on the basis of the predicted the bounds of inclination and eccen- antenna off-axis gain data, or are in ex- tricity listed below. When the geo- cess of the threshold pfd level of ¥117 stationary orbit of the DBS space sta- dBW/m2/100 kHz, whichever is greater, tion exceeds these bounds on inclina- or tion and eccentricity, it may not claim (ii) Adjust its operating parameters protection from any additional space so that at the location of the subse- path interference arising as a result of quently-filed U.S. DBS space station, its inclined or eccentric operations and either the pfd level calculated on the may only claim protection as if it were basis of the predicted off-axis transmit- operating within the bounds listed ting antenna gain data, or the thresh- below: old pfd level of ¥117 dBW/m2/100 kHz, (1) The DBS space station’s orbit ° whichever is greater, is not exceeded. does not exceed 0.075 of inclination, (3) No coordination or adjustment of and (2) The DBS space station’s orbit operating parameters is required in maintains an apogee less than or equal cases where the DBS and 17/24 GHz BSS to 35,806 km above the surface of the operating frequencies do not overlap. Earth, and a perigee greater than or (f) The 17/24 GHz BSS applicant or li- equal to 35,766 km above the surface of censee must modify its license, or the Earth (i.e., an eccentricity of less amend its application, as appropriate, than 4.7 × 10¥4). based upon new information: (1) If the pfd levels submitted in ac- [76 FR 50431, Aug. 15, 2011, as amended at 81 cordance with paragraph (d) of this sec- FR 55348, Aug. 18, 2016] tion, are in excess of those submitted in accordance with paragraph (b) of § 25.265 Acceptance of interference in 2000–2020 MHz. this section at the location of any prior-filed or subsequently-filed U.S. (a) MSS receivers operating in the DBS space station as defined in para- 2000–2020 MHz band must accept inter- graphs (b)(1) and (d)(1)of this section, ference from lawful operations in the or 1995–2000 MHz band, where such inter- (2) If the 17/24 GHz BSS operator ad- ference is due to: justs its operating parameters in ac- (1) The in-band power of any oper- cordance with paragraphs (e)(1)(ii) or ations in 1995–2000 MHz (i.e., the por- (e)(2)(ii) or this section. tion of transmit power contained in the (g) Absent an explicit agreement be- 1995–2000 MHz band); or tween operators to permit more closely (2) The portion of out-of-band emis- spaced operations, U.S. authorized 17/24 sions contained in 2000–2005 MHz. GHz BSS space stations and U.S. au- (b) [Reserved] thorized DBS space stations with co- [78 FR 8267, Feb. 5, 2013]

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Subpart D—Technical Operations tain a control point within the United States, or maintain a point of contact within the United States available 24 SOURCE: 58 FR 13421, Mar. 11, 1993, unless otherwise noted. hours a day, 7 days a week, with the ability to shut off any earth station § 25.271 Control of transmitting sta- within the network immediately upon tions. notification of harmful interference. (a) The licensee of a facility licensed (d) The licensee shall ensure that the under this part is responsible for the licensed facilities are properly secured proper operation and maintenance of against unauthorized access or use the station. whenever an operator is not present at (b) The licensee of a transmitting the transmitter. For space station op- earth station licensed under this part erations, this includes securing sat- shall ensure that a trained operator is ellite commands against unauthorized present on the earth station site, or at access and use. a designated remote control point for (e) [Reserved] the earth station, at all times that (f) The licensee of any transmitting transmissions are being conducted. No earth station licensed under this part operator’s license is required for a per- must update the contact information son to operate or perform maintenance provided in the most recent license ap- on facilities authorized under this part. plication for the station within 10 days (c) Authority will be granted to oper- of any change therein. The updated in- ate a transmitting earth station by re- formation must be filed electronically mote control only on the conditions in the ‘‘Other Filings’’ tab of the sta- that: tion’s current authorization file in the (1) The parameters of the trans- International Bureau Filing System. missions of the remote station monitored at the control point, and the (g) All applicants shall ensure com- operational functions of the remote pliance with the Commission’s radio earth stations that can be controlled frequency exposure requirements in by the operator at the control point, §§ 1.1307(b), 2.1091, and 2.1093 of this are sufficient to ensure that the oper- chapter, as appropriate. Applicants ations of the remote station(s) are at with terminals that will exceed the all times in full compliance with the guidelines in § 1.1310 of this chapter for remote station authorization(s); radio frequency radiation exposure (2) The earth station facilities are shall provide a plan for mitigation of protected by appropriate security radiation exposure to the extent re- measures to prevent unauthorized quired to meet those guidelines. Li- entry or operations; censees of transmitting earth stations (3) Upon detection by the licensee, or are prohibited from using remote earth upon notification from the Commission stations in their networks that are not of a deviation or upon notification by designed to stop transmission when another licensee of harmful inter- synchronization to signals from the ference, the operation of the remote target satellite fails. station shall be immediately suspended [58 FR 13421, Mar. 11, 1993, as amended at 66 by the operator at the control point FR 10631, Feb. 16, 2001; 70 FR 4787, Jan. 31, until the deviation or interference is 2005; 70 FR 32257, June 2, 2005; 74 FR 47107, corrected, except that transmissions Sept. 15, 2009; 78 FR 8430, Feb. 6, 2013; 79 FR concerning the immediate safety of life 8325, Feb. 12, 2014; 81 FR 55349, Aug. 18, 2016; or property may be conducted for the 82 FR 59986, Dec. 18, 2017; 85 FR 18150, Apr. 1, duration of the emergency; and 2020; 85 FR 52453, Aug. 25, 2020] (4) The licensee shall have available at all times the technical personnel § 25.272 General inter-system coordi- necessary to perform expeditiously the nation procedures. technical servicing and maintenance of (a) Each space station licensee in the the remote stations. Fixed-Satellite Service shall establish (5) Operators of blanket-licensed GSO a satellite network control center FSS earth station networks that pro- which will have the responsibility to do vide international service must main- the following:

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(1) Monitor space-to-Earth trans- shall remain ultimately responsible for missions in its system (thus indirectly the performance of those duties. monitoring uplink earth station trans- [58 FR 13421, Mar. 11, 1993, as amended at 62 missions in its system) and FR 5931, Feb. 10, 1997; 78 FR 8431, Feb. 6, 2013; (2) Coordinate transmissions in its 79 FR 8325, Feb. 12, 2014] satellite system with those of other systems to prevent harmful inter- § 25.273 Duties regarding space com- ference incidents or, in the event of a munications transmissions. harmful interference incident, to iden- (a) No person shall: tify the source of the interference and (1) Transmit to a satellite unless the correct the problem promptly. specific transmission is first authorized (b) [Reserved] by the satellite network control cen- (c) The transmitting earth station li- ter; censee shall provide the operator(s) of (2) Conduct transmissions over a the satellites, on which the licensee is transponder unless the operator is au- authorized to transmit, contact tele- thorized to transmit at that time by phone numbers for the control center the satellite licensee or the satellite li- of the earth station and emergency censee’s successor in interest; or telephone numbers for key personnel; a (3) Transmit in any manner that current file of these contacts shall be causes unacceptable interference to the maintained at each satellite system authorized transmission of another li- control center. censee. (d) An earth station licensee shall en- (b) Satellite operators shall provide sure that each of its authorized earth upon request by the Commission and stations complies with the following: by earth station licensees authorized to transmit on their satellites relevant (1) The earth station licensee shall information needed to avoid unaccept- ensure that there is continuously able interference to other users, includ- available means of communications being the polarization angles for proper tween the satellite network control illumination of a given transponder. center and the earth station operator (c) Space station licensees are re- or its remote control point as des- sponsible for maintaining complete and ignated by the licensee. accurate technical details of current (2) The earth station operator shall and planned transmissions over their notify the satellite network control satellites, and shall require that au- center and receive permission from the thorized users of transponders on their control center before transmitting to satellites, whether by tariff or con- the satellite or changing the basic tract, provide any necessary technical characteristics of a transmission. information in this regard including (3) The earth station operator shall that required by § 25.272. Based on this keep the space station licensee in- information, space station licensees formed of all actual and planned usage. shall exchange among themselves gen- (4) Upon approval of the satellite net- eral technical information concerning work control center, the earth station current and planned transmission pa- operator may radiate an RF carrier rameters as needed to identify and into the designated transponder. promptly resolve any potential cases of Should improper illumination of the unacceptable interference between transponder or undue adjacent trans- their satellite systems. ponder interference be observed by the (d) Space stations authorized after satellite network control center, the May 10, 1993 which do not satisfy the earth station operator shall imme- requirements of § 25.210 may be re- diately take whatever measures are quired to accept greater constraints in needed to eliminate the problem. resolving interference problems than (5) The space station licensee may complying ones. The extent of these delegate the responsibility and duties constraints shall be determined on a of the satellite network control center case-by-case basis. to a technically qualified user or group [58 FR 13421, Mar. 11, 1993, as amended at 78 of users, but the space station licensee FR 8431, Feb. 6, 2013]

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§ 25.274 Procedures to be followed in an earth station operating on a sat- the event of harmful interference. ellite system other than the one on (a) The earth station operator whose which the earth station suffering transmission is suffering harmful in- harmful interference is operating, it is terference shall first check the earth the responsibility of a representative of station equipment to ensure that the the earth station suffering harmful in- equipment is functioning properly. terference to contact the control cen- (b) The earth station operator shall ter of other satellite systems. The op- then check all other earth stations in erator of the earth station suffering the licensee’s network that could be harmful interference is free to choose causing the harmful interference to en- any representative to make this con- sure that none of them is the source of tact, including but not limited to the the interference and to verify that the operator of the satellite system on interference is not from a local terres- which the earth station is operating. trial source. The operator of the earth station suf- (c) After the earth station operator fering harmful interference is also free has determined that the source of the to contact the control center of the interference is not another earth sta- other satellite systems directly. tion operating in the same network or (g) At any point, the system control from a terrestrial source, the earth sta- center operator may contact the Com- tion operator shall contact the sat- mission’s Columbia Operations Center ellite system control center and advise in Columbia, Maryland, to assist in re- the satellite operator of the problem. solving the matter. This office special- The control center operator shall ob- izes in the resolution of satellite inter- serve the interference incident and ference problems. All licensees are re- make reasonable efforts to determine quired to cooperate fully with the Com- the source of the problem. A record mission in any investigation of inter- shall be maintained by the control cen- ference problems. ter operator and the earth station operator of all harmful interference inci- [58 FR 13421, Mar. 11, 1993, as amended at 62 dents and their resolution. These FR 5931, Feb. 10, 1997; 70 FR 32257, June 2, records shall be made available to an 2005; 78 FR 8431, Feb. 6, 2013] FCC representative on request. § 25.275 Particulars of operation. (d) Where the suspected source of the interference incident is the operation (a) Radio station authorizations of an earth station licensed to operate issued under this part will normally on one or more of the satellites in the specify only the frequency bands au- satellite operator’s system, the control thorized for transmission and/or recep- center operator shall advise the offend- tion of the station. ing earth station of the harmful inter- (b) When authorized frequency bands ference incident and assist in the reso- are specified in the station authoriza- lution of the problem where reasonably tion, the licensee is authorized to possible. transmit any number of r.f. carriers on (e) The earth station licensee whose any discrete frequencies within an au- operations are suspected of causing thorized frequency band in accordance harmful interference to the operations with the other terms and conditions of of another earth station shall take rea- the authorization and the requirements sonable measures to determine whether of this part. Specific r.f. carrier fre- its operations are the source of the quencies within the authorized fre- harmful interference problem. Where quency band shall be selected by the li- the operations of the suspect earth sta- censee to avoid unacceptable levels of tion are the source of the interference, interference being caused to other the licensee of that earth station shall earth, space or terrestrial stations. take all measures necessary to resolve Any coordination agreements, both do- the interference. mestic and international, concerning (f) Where the earth station suspected specific frequency usage constraints, of causing harmful interference to the including non-use of any particular fre- operations of another earth station quencies within the frequency bands cannot be identified or is identified as listed in the station authorization, are

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considered to be conditions of the sta- ization at that location shall be filed at tion authorization. least 30 days prior to the expiration of (c) A license for a transmitting earth the six-month period. station will normally specify only the (c) The licensee of an earth station, r.f. carriers having the highest e.i.r.p. other than an ESV, which is authorized density, the narrowest bandwidth, and to conduct temporary fixed operations the largest bandwidth authorized for in bands shared co-equally with terres- transmission from that station. Unless trial fixed stations shall provide the otherwise specified in the station au- following information to the Director thorization, the licensee is authorized of the Columbia Operations Center at to transmit any other type of carrier 9200 Farmhouse Lane, Columbia, Mary- not specifically listed which does not land 21046, and to the licensees of all exceed the highest e.i.r.p., e.i.r.p. density and bandwidth prescribed for any terrestrial facilities lying within the listed emission. coordination contour of the proposed (d) Only the most sensitive emis- temporary fixed earth station site be- sion(s) for which protection is being af- fore beginning transmissions: forded from interference in the author- (1) The name of the person operating ized receive frequency band(s) will be the station and the telephone number specified in the station authorization. at which the operator can be reached (e) Transmission from an earth sta- directly; tion of an unmodulated carrier at a (2) The exact frequency or fre- power level sufficient to saturate a sat- quencies used and the type of emissions ellite transponder is prohibited, except and power levels to be transmitted; and as consented to by the space station li- (3) The commencement and antici- censee to determine transponder per- pated termination dates of operation formance characteristics. from each location. [58 FR 13421, Mar. 11, 1993, as amended at 81 (d) Except as set forth in § 25.151(e), FR 55349, Aug. 18, 2016] transmissions may not be commenced until all affected terrestrial licensees § 25.276 Points of communication. have been notified and the earth sta- Unless otherwise specified in the station operator has confirmed that unac- tion authorization, an earth station ceptable interference will not be may transmit to any space station in caused to such terrestrial stations. the same radio service that is listed as (e) Operations of temporary fixed a point of communication in the earth earth stations shall cease immediately station license, provided that permis- upon notice of harmful interference sion has been received from the space from the Commission or the affected li- station operator to access that space censee. station. (f) Filing requirements concerning [79 FR 8325, Feb. 12, 2014] applications for new temporary fixed earth station facilities operating in § 25.277 Temporary fixed earth station frequency bands shared co-equally with operations. terrestrial fixed stations. (a) When an earth station in the (1) When the initial location of the Fixed-Satellite Service is to remain at temporary fixed earth station’s oper- a single location for fewer than 6 ation is known, the applicant shall pro- months, the location may be consid- vide, as part of the Form 312 applica- ered to be temporary fixed. Services tion, a frequency coordination report provided at a single location which are in accordance with § 25.203 for the ini- initially known to be of longer than six tial station location. months’ duration shall not be provided under a temporary fixed authorization. (2) When the initial location of the (b) When a station, other than an temporary fixed earth station’s oper- ESV, authorized as a temporary fixed ation is not known at the time the ap- earth station, is to remain at a single plication is filed, the applicant shall location for more than six months, ap- provide, as part of the Form 312 appli- plication for a regular station author- cation, a statement by the applicant

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acknowledging its coordination respon- Telecommunications and Information sibilities under § 25.277. Administration (NTIA). (ii) The Commission will use its ex- [58 FR 13421, Mar. 11, 1993, as amended at 62 isting procedures to reach agreement FR 5931, Feb. 10, 1997; 70 FR 4787, Jan. 31, 2005; 70 FR 32257, June 2, 2005] with NTIA to achieve compatible operations between federal government § 25.278 Additional coordination obli- users under the jurisdiction of NTIA gation for non-geostationary and and inter-satellite service systems geostationary satellite systems in through frequency assignment and co- frequencies allocated to the fixed- ordination practice established by satellite service. NTIA and the Interdepartment Radio Licensees of non-geostationary sat- Advisory Committee (IRAC). In order ellite systems that use frequency bands to facilitate such frequency assign- allocated to the Fixed-Satellite Service ment and coordination, applicants for their feeder link operations shall shall provide the Commission with suf- coordinate their operations with li- ficient information to evaluate electro- censees of geostationary Fixed-Sat- magnetic compatibility with the fed- ellite Service systems licensed by the eral government users of the spectrum, Commission for operation in the same and any additional information re- frequency bands. Licensees of geo- quested by the Commission. As part of stationary Fixed-Satellite Service sys- the coordination process, applicants tems in the frequency bands that are shall show that they will not cause in- licensed to non-geostationary satellite terference to authorized federal gov- systems for feeder link operations shall ernment users, based upon existing sys- coordinate their operations with the li- tem information provided by the government. The frequency assignment censees of such non-geostationary sat- and coordination of the satellite sys- ellite systems. tem shall be completed prior to grant [59 FR 53330, Oct. 21, 1994, as amended at 78 of construction authorization. FR 8431, Feb. 6, 2013] (2) Coordination among inter-satellite service systems. Applicants for authority § 25.279 Inter-satellite service. to establish inter-satellite service are (a) Any satellite communicating with encouraged to coordinate their pro- other space stations may use fre- posed frequency usage with existing quencies in the inter-satellite service permittees and licensees in the inter- as indicated in § 2.106 of this chapter. satellite service whose facilities could This does not preclude the use of other be affected by the new proposal in frequencies for such purposes as pro- terms of frequency interference or re- vided for in several service definitions, stricted system capacity. All affected e.g., FSS. The technical details of the applicants, permittees, and licensees, proposed inter-satellite link shall be shall at the direction of the Commis- provided in accordance with § 25.114(c). sion, cooperate fully and make every (b) Operating conditions. In order to reasonable effort to resolve technical ensure compatible operations with au- problems and conflicts that may in- thorized users in the frequency bands hibit effective and efficient use of the to be utilized for operations in the radio spectrum; however, the permittee inter-satellite service, these inter-sat- or licensee being coordinated with is ellite service systems must operate in not obligated to suggest changes or re- accordance with the conditions speci- engineer an applicant’s proposal in fied in this section. cases involving conflicts. (1) Coordination requirements with fed- [59 FR 53331, Oct. 21, 1994, as amended at 65 eral government users. (i) In frequency FR 59144, Oct. 4, 2000] bands allocated for use by the inter- satellite service that are also author- § 25.280 Inclined orbit operations. ized for use by agencies of the federal (a) Satellite operators may com- government, the federal use of fre- mence operation in inclined orbit mode quencies in the inter-satellite service without obtaining prior Commission frequency bands is under the regu- authorization provided that the Com- latory jurisdiction of the National mission is notified by letter within 30

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days after the last north-south station ±25 kHz and modulate the uplink radio keeping maneuver. The notification frequency carrier at a level no less shall include: than ¥26 dB (referenced to the (1) The operator’s name; unmodulated carrier). (2) The date of commencement of in- (iv) ATIS subcarrier deviation must clined orbit operation; not exceed 25 kHz. (3) The initial inclination; (v) The ATIS message protocol must (4) The rate of change in inclination be International Morse Code keyed by per year; and a 1200 Hz ±800 Hz tone representing a (5) The expected end-of-life of the mark and a message rate of 15 to 25 satellite accounting for inclined orbit words per minute. The tone must fre- operation, and the maneuvers specified quency-modulate the subcarrier signal under § 25.283 of the Commission’s with the ATIS message. rules. (vi) The ATIS message must include (b) Licensees operating in inclined- the FCC-assigned call sign of the trans- orbit are required to: mitting earth station, a telephone (1) Periodically correct the satellite number providing immediate access to attitude to achieve a stationary space- personnel capable of resolving inter- craft antenna pattern on the surface of ference or coordination problems, and a the Earth and centered on the sat- unique serial number of ten or more ellite’s designated service area; digits programmed into the ATIS mes- (2) Control all electrical interference sage in a permanent manner so that it to adjacent satellites, as a result of op- cannot be readily changed by the oper- erating in an inclined orbit, to levels ator on duty. Additional information not to exceed that which would be may be included in the ATIS data caused by the satellite operating with- stream provided the total ATIS mes- out an inclined orbit; sage length does not exceed 30 seconds. (3) Not claim protection in excess of (2) Use of a direct sequence spread the protection that would be received spectrum ATIS signal must be in ac- by the satellite network operating cordance with the requirements in without an inclined orbit; and paragraphs (b)(1) and (2) of this section. (4) Continue to maintain the space (b) As of September 3, 2017, trans- station at the authorized longitude or- missions of fixed-frequency, digitally bital location in the geostationary sat- modulated video signals with a symbol ellite arc with the appropriate east- rate of 128,000/s or more from a tem- west station-keeping tolerance. porary-fixed earth station must be [69 FR 54587, Sept. 9, 2004] identified through use of an ATIS in accordance with the requirements that § 25.281 Transmitter identification re- follow. quirements for video uplink trans- (1) The ATIS message must be modu- missions. lated onto a direct sequence spread (a) Earth-to-space transmissions car- spectrum signal in accordance with the rying video information with analog DVB–CID standard, ETSI TS 103 129 modulation must be identified through V1.1.2 (2014–03) (incorporated by ref- use of an Automatic Transmitter Iden- erence, see § 25.108). tification System (ATIS) with an ana- (2) The ATIS message must continu- log identifier or a direct sequence ously repeat. spread spectrum signal. (1) Use of an analog identifier must NOTE 1 TO PARAGRAPH (b): Paragraph (b) is waived for earth stations using modulators be in accordance with the following re- manufactured before August 1, 2017, that quirements: cannot be made compliant with the DVB– (i) The ATIS signal must be a sepa- CID standard by a software upgrade. rate subcarrier that is automatically activated whenever any radio fre- (c) ATIS equipment must be inte- quency signal is transmitted. grated into the uplink transmitter (ii) The ATIS message must continu- chain with a method that cannot easily ously repeat. be defeated. (iii) The ATIS subcarrier signal must [79 FR 8325, Feb. 12, 2014; 81 FR 33601, May 31, be generated at a frequency of 7.1 MHz 2016, as amended at 82 FR 40494, Aug. 25, 2017]

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§ 25.282 Orbit raising maneuvers. terference to other space stations, and coordinated with any potentially af- A space station authorized to operate fected satellite networks. in the geostationary satellite orbit (c) All space stations. Upon completion under this part is also authorized to of any relocation authorized by para- transmit in connection with short- graph (b) of this section, or any reloca- term, transitory maneuvers directly tion at end-of-life specified in an au- related to post-launch, orbit-raising thorization, or upon a spacecraft other- maneuvers, provided that the following wise completing its authorized mission, conditions are met: a space station licensee shall ensure, (a) Authority is limited to those unless prevented by technical failures tracking, telemetry, and control fre- beyond its control, that stored energy quencies in which the space station is sources on board the satellite are dis- authorized to operate once it reaches charged, by venting excess propellant, its assigned geostationary orbital loca- discharging batteries, relieving pres- tion; sure vessels, or other appropriate (b) The space station operator will measures. coordinate on an operator-to-operator (d) The minimum perigee require- basis with any potentially affected sat- ment of paragraph (a) of this section ellite networks. shall not apply to space stations (c) The space station licensee is re- launched prior to March 18, 2002. quired to accept interference from any lawfully operating satellite network or [69 FR 54588, Sept. 9, 2004, as amended at 78 radio communication system. FR 8431, Feb. 6, 2013; 81 FR 55349, Aug. 18, 2016] [69 FR 54587, Sept. 9, 2004, as amended at 85 FR 52453, Aug. 25, 2020] § 25.284 [Reserved]

§ 25.283 End-of-life disposal. § 25.285 Operation of MSS and ATC (a) Geostationary orbit space stations. transmitters or transceivers on Unless otherwise explicitly specified in board civil aircraft. an authorization, a space station au- (a) Operation of any of the following thorized to operate in the geo- devices aboard civil aircraft is prohib- stationary satellite orbit under this ited, unless the device is installed in a part shall be relocated, at the end of its manner approved by the Federal Avia- useful life, barring catastrophic failure tion Administration or is used by the of satellite components, to an orbit pilot or with the pilot’s consent: with a perigee with an altitude of no (1) Earth stations capable of trans- less than: mitting in the 1.5/1.6 GHz, 1.6/2.4 GHz, 36,021 km + (1000·C ·A/m) or 2 GHz Mobile-Satellite Service fre- R quency bands; where CR is the solar radiation pressure (2) ATC terminals capable of trans- coefficient of the spacecraft, and A/ mitting in the 1.5/1.6 GHz or 1.6/2.4 GHz m is the Area to mass ratio, in MSS bands; square meters per kilogram, of the (3) Earth stations used for non-voice, spacecraft. non-geostationary Mobile-Satellite (b) A space station authorized to op- Service communication that can emit erate in the geostationary satellite radiation in the 108–137 MHz band. orbit under this part may operate (b) No portable device of any type using its authorized tracking, telem- identified in paragraph (a) of this sec- etry and control frequencies, and out- tion (including transmitter or trans- side of its assigned orbital location, for ceiver units installed in other devices the purpose of removing the satellite that are themselves portable) may be from the geostationary satellite orbit sold or distributed to users unless it at the end of its useful life, provided conspicuously bears the following that the conditions of paragraph (a) of warning: ‘‘This device must be turned this section are met, and on the condi- off at all times while on board air- tion that the space station’s tracking, craft.’’ For purposes of this section, a telemetry and control transmissions device is portable if it is a ‘‘portable are planned so as to avoid electrical in- device’’ as defined in § 2.1093(b) of this

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chapter or is designed to be carried by channel or signaling within the com- hand. munications channel must monitor the [79 FR 8325, Feb. 12, 2014] signaling channel at the end of each transmission. § 25.286 Antenna painting and light- (6) Each MES must automatically in- ing. hibit its transmissions if it is not cor- The owner of an earth station an- rectly receiving separate signaling tenna structure must comply with all channel or signaling within the com- applicable painting, marking, and/or munications channel from its associ- lighting requirements in part 17 of this ated LES. chapter. In the event of default by the (7) Each MES must automatically in- owner, the station licensee will be re- hibit its transmissions on any or all sponsible for ensuring that such re- channels upon receiving a channel- quirements are met. shut-off command on a signaling or [79 FR 8326, Feb. 12, 2014] communications channel it is receiving from its associated LES. § 25.287 Requirements pertaining to (8) Each MES with a requirement to operation of mobile stations in the handle maritime distress and safety NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and communications must have the capa- 2 GHz Mobile-Satellite Service bility within the station to automati- bands. cally preempt lower precedence traffic. (a) Any mobile earth station (MES) (b) Any LES for an MSS system oper- operating in the 1530–1544 MHz and ating in the 1530–1544 MHz and 1626.5– 1626.5–1645.5 MHz bands must have the 1645.5 MHz bands must have the fol- following minimum set of capabilities lowing minimum set of capabilities to to ensure compliance with Footnote ensure compliance with Footnotes 5.353A in 47 CFR 2.106 and the priority 5.353A and the priority and real-time and real-time preemption requirements preemption requirements imposed by imposed by Footnote US315. Footnote US315. An LES fulfilling (1) All MES transmissions must have these requirements must not have any a priority assigned to them that pre- additional priority with respect to FSS serves the priority and preemptive ac- stations operating with other systems. cess given to maritime distress and (1) LES transmissions to MESs must safety communications sharing the have a priority assigned to them that band. preserves the priority and preemptive (2) Each MES with a requirement to access given to maritime distress and handle maritime distress and safety safety communications pursuant to data communications must be capable paragraph (a) of this section. of either: (i) Recognizing message and call pri- (2) The LES must recognize the priority identification when transmitted ority of calls to and from MESs and from its associated Land Earth Station make channel assignments taking into (LES), or account the priority access that is (ii) Accepting message and call pri- given to maritime distress and safety ority identification embedded in the communications. message or call when transmitted from (3) The LES must be capable of re- its associated LES and passing the ceiving the MES identification number identification to shipboard data mes- when transmitted and verifying that it sage processing equipment. is an authorized user of the system to (3) Each MES must be assigned a prohibit unauthorized access. unique terminal identification number (4) The LES must be capable of trans- that will be transmitted upon any at- mitting channel assignment commands tempt to gain access to a system. to the MESs. (4) After an MES has gained access to (5) The communications channels a system, the mobile terminal must be used between the LES and the MES under control of an LES and must ob- shall have provision for signaling with- tain all channel assignments from it. in the voice/data channel, for an MES (5) All MESs that do not continu- that does not continuously monitor the ously monitor a separate signaling LES signaling channel during a call.

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(6) The LES must transmit periodic tions (incorporated by reference, control signals to MESs that do not § 25.108) will be considered as having continuously monitor the LES sig- fulfilled this obligation with respect to naling channel. any GSO network. (7) The LES must automatically in- hibit transmissions to an MES to [82 FR 59986, Dec. 18, 2017] which it is not transmitting in a sig- § 25.290 Responsibility of licensee for naling channel or signaling within the blanket-licensed earth station oper- communications channel. ation. (8) The LES must be capable of transmitting channel-shut-off commands to The holder of an FCC blanket earth MESs on signaling or communications station license is responsible for oper- channels. ation of any earth station under that (9) Each LES must be capable of in- license. Operators of satellite networks terrupting, and if necessary, pre- and systems must not transmit com- empting ongoing routine traffic from munications to or from such earth sta- an MES in order to complete a mari- tions in the United States unless such time distress, urgency or safety call to communications are authorized under that MES. a service contract with the holder of a (10) Each LES must be capable of pertinent FCC blanket earth station li- automatically turning off one or more cense or under a service contract with of its associated channels in order to another party with authority for such complete a maritime distress, urgency operation delegated by such a blanket or safety call. licensee. (c) No person without an FCC license [84 FR 53659, Oct. 8, 2019] for such operation may transmit to a space station in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-Satellite Subpart E—Miscellaneous Service from anywhere in the United States except to receive service from § 25.301 Satellite Emergency Notifica- tion Devices (SENDs). the holder of a pertinent FCC blanket license or from another party with the No device described by the marketer permission of such a blanket licensee. or seller using the terms ‘‘SEND’’ or ‘‘Satellite Emergency Notification De- [79 FR 8326, Feb. 12, 2014, as amended at 84 FR 53659, Oct. 8, 2019] vice’’ may be marketed or sold in the United States unless it complies with § 25.288 Obligation to remedy inter- the requirements of RTCM 12800.0. ference caused by NGSO MSS feed- RTCM 12800.0, ‘‘Satellite Emergency er downlinks in the 6700–6875 MHz Notification Devices (SENDs),’’ dated band. August 1, 2011 is incorporated by ref- If an NGSO MSS satellite transmit- erence in accordance with 5 U.S.C. ting in the 6700–6875 MHz band causes 552(a), and 1 CFR part 51. Copies of the harmful interference to previously li- document are available and may be ob- censed co-frequency Public Safety fa- tained from the Radio Technical Com- cilities, the satellite operator has an mission for Maritime Services, 1611 N. obligation to remedy the interference. Kent Street, Suite 605, Arlington, Vir- ginia 22209. The document is available [81 FR 55349, Aug. 18, 2016] for inspection at Commission head- § 25.289 Protection of GSO networks quarters at 445 12th Street SW., Wash- by NGSO systems. ington, DC 20554. Copies may also be inspected at the National Archives and Unless otherwise provided in this Records Administration (NARA). For chapter, an NGSO system licensee information on the availability of this must not cause unacceptable inter- material at NARA, call 202–741–6030, or ference to, or claim protection from, a go to: http://www.archives.gov/fed- GSO FSS or GSO BSS network. An erallregister/ NGSO FSS licensee operating in com- codeloflfederallregulations/ pliance with the applicable equivalent ibrllocations.html. power flux-density limits in Article 22, Section II of the ITU Radio Regula- [81 FR 90745, Dec. 15, 2016]

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Subpart F—Competitive Bidding its pending application to provide the Procedures for DARS information required by § 25.144. [67 FR 45373, July 9, 2002] SOURCE: 62 FR 11106, Mar. 11, 1997, unless otherwise noted. §§ 25.405–25.406 [Reserved] § 25.401 Satellite DARS applications Subparts G–H [Reserved] subject to competitive bidding. Mutually exclusive initial applica- Subpart I—Equal Employment tions for DARS service licenses are Opportunities subject to competitive bidding. The general competitive bidding procedures § 25.601 Equal employment opportuni- set forth in part 1, subpart Q of this ties. chapter will apply unless otherwise Notwithstanding other EEO provi- provided in this part. sions within these rules, an entity that [67 FR 45373, July 9, 2002] uses an owned or leased Fixed-Satellite Service or Direct Broadcast Satellite § 25.402 [Reserved] Service or 17/24 GHz Broadcasting-Sat- ellite Service facility (operating under § 25.403 Bidding application and cer- this part) to provide video program- tification procedures. ming directly to the public on a sub- Submission of Supplemental Applica- scription basis must comply with the tion Information. In order to be eligi- equal employment opportunity re- ble to bid, each pending applicant must quirements set forth in part 76, subpart timely submit certain supplemental in- E, of this chapter, if such entity exer- formation. All supplemental informa- cises control (as defined in part 76, sub- tion shall be filed by the applicant five part E, of this chapter) over the video days after publication of these rules in programming it distributes. Notwith- the FEDERAL REGISTER. The supple- standing other EEO provisions within mental information must be certified these rules, a licensee or permittee of a and include the following: direct broadcast satellite station oper- (a) Applicant’s name; ating as a broadcaster, and a licensee (b) Mailing Address (no Post Office or permittee in the satellite DARS boxes); service, must comply with the equal (c) City; employment opportunity requirements (d) State; set forth in 47 CFR part 73. (e) ZIP Code; [72 FR 50033, Aug. 29, 2007, as amended at 78 (f) Auction Number 15; FR 8431, Feb. 6, 2013; 81 FR 10122, Feb. 29, (g) FCC Account Number; 2016] (h) Person(s) authorized to make or withdraw a bid (list up to three individ- Subpart J—Public Interest uals); Obligations (i) Certifications and name and title of person certifying the information § 25.701 Other DBS Public interest ob- provided; ligations. (j) Applicant’s contact person and (a) DBS providers are subject to the such person’s telephone number, E- public interest obligations set forth in mail address and FAX number; and paragraphs (b), (c), (d), (e) and (f) of (k) Signature and date. this section. As used in this section, DBS providers are any of the following: § 25.404 Submission of down payment (1) Entities licensed to operate sat- and filing of long-form applications. ellites in the 12.2 to 12.7 GHz DBS fre- A high bidder that meets its down quency bands; or payment obligations in a timely man- (2) Entities licensed to operate sat- ner must, within thirty (30) business ellites in the Ku band Fixed-Satellite days after being notified that it is a Service and that sell or lease capacity high bidder, submit an amendment to to a video programming distributor

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that offers service directly to con- subject to the exclusive control of the sumers providing a sufficient number DBS provider. of channels so that four percent of the (3) Reasonable access. (i) DBS pro- total applicable programming channels viders must comply with section yields a set aside of at least one chan- 312(a)(7) of the Communications Act of nel of non commercial programming 1934, as amended, by allowing reason- pursuant to paragraph (e) of this sec- able access to, or permitting purchase tion, or of reasonable amounts of time for, the (3) Non U.S. licensed satellite opera- use of their facilities by a legally tors in the Ku band that offer video qualified candidate for federal elective programming directly to consumers in office on behalf of his or her candidacy. the United States pursuant to an earth (ii) Weekend access. For purposes of station license issued under part 25 of providing reasonable access, DBS pro- this title and that offer a sufficient viders shall make facilities available number of channels to consumers so that four percent of the total applica- for use by federal candidates on the ble programming channels yields a set weekend before the election if the DBS aside of one channel of noncommercial provider has provided similar access to programming pursuant to paragraph commercial advertisers during the year (e) of this section, or preceding the relevant election period. (4) Entities licensed to operate sat- DBS providers shall not discriminate ellites in the 17/24 GHz BSS that offer between candidates with regard to video programming directly to con- weekend access. sumers or that sell or lease capacity to (4) Use of facilities; equal opportunities. a video programming distributor that DBS providers must comply with sec- offers service directly to consumers tion 315 of the Communications Act of providing a sufficient number of chan- 1934, as amended, by providing equal nels so that four percent of the total opportunities to legally qualified can- applicable programming channels didates for DBS origination program- yields a set aside of at least one chan- ming. nel of noncommercial programming (i) General requirements. Except as pursuant to paragraph (e) of this sec- otherwise indicated in § 25.701(b)(3), no tion, or DBS provider is required to permit the (5) Non U.S. licensed satellite opera- use of its facilities by any legally tors in the 17/24 GHz BSS that offer qualified candidate for public office, video programming directly to con- but if a DBS provider shall permit any sumers in the United States or that such candidate to use its facilities, it sell or lease capacity to a video pro- shall afford equal opportunities to all gramming distributor that offers serv- other candidates for that office to use ice directly to consumers in the United such facilities. Such DBS provider States pursuant to an earth station li- shall have no power of censorship over cense issued under part 25 of this title the material broadcast by any such and that offer a sufficient number of candidate. Appearance by a legally channels to consumers so that four per- qualified candidate on any: cent of the total applicable program- (A) Bona fide newscast; ming channels yields a set aside of one channel of noncommercial program- (B) Bona fide news interview; ming pursuant to paragraph (e) of this (C) Bona fide news documentary (if section. the appearance of the candidate is inci- (b) Political broadcasting require- dental to the presentation of the sub- ments— ject or subjects covered by the news (1) Legally qualified candidates for documentary); or public office for purposes of this sec- (D) On the spot coverage of bona fide tion are as defined in § 73.1940 of this news events (including, but not limited chapter. to political conventions and activities (2) DBS origination programming is incidental thereto) shall not be deemed defined as programming (exclusive of to be use of a DBS provider’s facility. broadcast signals) carried on a DBS fa- (Section 315(a) of the Communications cility over one or more channels and Act.)

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(ii) Uses. As used in this section and didate, the lowest unit charge of the § 25.701(c), the term ‘‘use’’ means a can- DBS provider for the same class and didate appearance (including by voice amount of time for the same period. or picture) that is not exempt under (A) A candidate shall be charged no paragraphs (b)(3)(i)(A) through more per unit than the DBS provider (b)(3)(i)(D) of this section. charges its most favored commercial (iii) Timing of request. A request for advertisers for the same classes and equal opportunities must be submitted amounts of time for the same periods. to the DBS provider within 1 week of Any facility practices offered to com- the day on which the first prior use mercial advertisers that enhance the giving rise to the right of equal oppor- value of advertising spots must be dis- tunities occurred: Provided, however, closed and made available to can- That where the person was not a candidates upon equal terms. Such prac- didate at the time of such first prior tices include but are not limited to any use, he or she shall submit his or her discount privileges that affect the request within 1 week of the first sub- value of advertising, such as bonus sequent use after he or she has become spots, time sensitive make goods, pre- a legally qualified candidate for the of- emption priorities, or any other factors fice in question. that enhance the value of the an- (iv) Burden of proof. A candidate re- nouncement. questing equal opportunities of the (B) The Commission recognizes non DBS provider or complaining of non- preemptible, preemptible with notice, compliance to the Commission shall immediately preemptible and run of have the burden of proving that he or schedule as distinct classes of time. she and his or her opponent are legally (C) DBS providers may establish and qualified candidates for the same pub- define their own reasonable classes of lic office. immediately preemptible time so long (v) Discrimination between candidates. as the differences between such classes In making time available to candidates are based on one or more demonstrable for public office, no DBS provider shall benefits associated with each class and make any discrimination between can- are not based solely upon price or iden- didates in practices, regulations, facili- tity of the advertiser. Such demon- ties, or services for or in connection strable benefits include, but are not with the service rendered pursuant to limited to, varying levels of preemp- this part, or make or give any pref- tion protection, scheduling flexibility, erence to any candidate for public of- or associated privileges, such as guar- fice or subject any such candidate to anteed time sensitive make goods. DBS any prejudice or disadvantage; nor providers may not use class distinc- shall any DBS provider make any con- tions to defeat the purpose of the low- tract or other agreement that shall est unit charge requirement. All class- have the effect of permitting any le- es must be fully disclosed and made gally qualified candidate for any public available to candidates. office to use DBS origination program- (D) DBS providers may establish rea- ming to the exclusion of other legally sonable classes of preemptible with no- qualified candidates for the same pub- tice time so long as they clearly define lic office. all such classes, fully disclose them (c) Candidate rates—(1) Charges for use and make them available to can- of DBS facilities. The charges, if any, didates. made for the use of any DBS facility by (E) DBS providers may treat non any person who is a legally qualified preemptible and fixed position as dis- candidate for any public office in con- tinct classes of time provided that they nection with his or her campaign for articulate clearly the differences be- nomination for election, or election, to tween such classes, fully disclose them, such office shall not exceed: and make them available to can- (i) During the 45 days preceding the didates. date of a primary or primary runoff (F) DBS providers shall not establish election and during the 60 days pre- a separate, premium priced class of ceding the date of a general or special time sold only to candidates. DBS pro- election in which such person is a can- viders may sell higher priced non

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preemptible or fixed time to candidates vided a time sensitive make good dur- if such a class of time is made avail- ing the year preceding the pre election able on a bona fide basis to both can- periods, respectively set forth in para- didates and commercial advertisers, graph (c)(1)(i) of this section, to any and provided such class is not function- commercial advertiser who purchased ally equivalent to any lower priced time in the same class. class of time sold to commercial adver- (M) DBS providers must disclose and tisers. make available to candidates any (G) [Reserved] make good policies provided to com- (H) Lowest unit charge may be cal- mercial advertisers. If a DBS provider culated on a weekly basis with respect places a make good for any commercial to time that is sold on a weekly basis, advertiser or other candidate in a more such as rotations through particular valuable program or daypart, the value programs or dayparts. DBS providers of such make good must be included in electing to calculate the lowest unit the calculation of the lowest unit charge by such a method must include charge for that program or daypart. in that calculation all rates for all an- (ii) At any time other than the re- nouncements scheduled in the rotation, spective periods set forth in paragraph including announcements aired under (c)(1)(i) of this section, DBS providers long term advertising contracts. DBS may charge legally qualified can- providers may implement rate in- didates for public office no more than creases during election periods only to the charges made for comparable use of the extent that such increases con- the facility by commercial advertisers. stitute ‘‘ordinary business practices,’’ The rates, if any, charged all such can- such as seasonal program changes or didates for the same office shall be uni- changes in audience ratings. form and shall not be rebated by any (I) DBS providers shall review their means, direct or indirect. A candidate advertising records periodically shall be charged no more than the rate throughout the election period to de- the DBS provider would charge for termine whether compliance with this comparable commercial advertising. section requires that candidates re- All discount privileges otherwise of- ceive rebates or credits. Where necessary, DBS providers shall issue such fered by a DBS provider to commercial rebates or credits promptly. advertisers must be disclosed and made (J) Unit rates charged as part of any available upon equal terms to all can- package, whether individually nego- didates for public office. tiated or generally available to all ad- (2) If a DBS provider permits a can- vertisers, must be included in the low- didate to use its facilities, it shall est unit charge calculation for the make all discount privileges offered to same class and length of time in the commercial advertisers, including the same time period. A candidate cannot lowest unit charges for each class and be required to purchase advertising in length of time in the same time period every program or daypart in a package and all corresponding discount privi- as a condition for obtaining package leges, available on equal terms to all unit rates. candidates. This duty includes an af- (K) DBS providers are not required to firmative duty to disclose to can- include non cash promotional merchan- didates information about rates, terms, dising incentives in lowest unit charge conditions and all value enhancing dis- calculations; provided, however, that count privileges offered to commercial all such incentives must be offered to advertisers, as provided herein. DBS candidates as part of any purchases providers may use reasonable discre- permitted by the system. Bonus spots, tion in making the disclosure; pro- however, must be included in the cal- vided, however, that the disclosure in- culation of the lowest unit charge cal- cludes, at a minimum, the following in- culation. formation: (L) Make goods, defined as the re- (i) A description and definition of scheduling of preempted advertising, each class of time available to com- shall be provided to candidates prior to mercial advertisers sufficiently com- election day if a DBS provider has pro- plete enough to allow candidates to

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identify and understand what specific gramming on weekends, or more that attributes differentiate each class; 12 minutes of commercial matter per (ii) A description of the lowest unit hour on week days. charge and related privileges (such as (2) This rule shall not apply to pro- priorities against preemption and grams aired on a broadcast television make goods prior to specific deadlines) channel which the DBS provider pas- for each class of time offered to com- sively carries, or to channels over mercial advertisers; which the DBS provider may not exer- (iii) A description of the DBS pro- cise editorial control, pursuant to 47 vider’s method of selling preemptible U.S.C. 335(b)(3). time based upon advertiser demand, (3) DBS providers airing children’s commonly known as the ‘‘current sell- programming must maintain in the on- ing level,’’ with the stipulation that line file hosted by the Commission candidates will be able to purchase at records sufficient to verify compliance these demand generated rates in the with this rule. Such records must be same manner as commercial adver- maintained for a period sufficient to tisers; cover the limitations period specified (iv) An approximation of the likeli- in 47 U.S.C. 503(b)(6)(B). hood of preemption for each kind of NOTE 1 TO PARAGRAPH (e): Commercial matter preemptible time; and means airtime sold for purposes of selling a (v) An explanation of the DBS pro- product or service. vider’s sales practices, if any, that are NOTE 2 TO PARAGRAPH (e): For purposes of based on audience delivery, with the this section, children’s programming refers stipulation that candidates will be able to programs originally produced and broad- to purchase this kind of time, if avail- cast primarily for an audience of children 12 able to commercial advertisers. years old and younger. (3) Once disclosure is made, DBS pro- (f) Carriage obligation for non- viders shall negotiate in good faith to commercial programming— actually sell time to candidates in ac- (1) Reservation requirement. DBS pro- cordance with the disclosure. viders shall reserve four percent of (d) Political file. Each DBS provider their channel capacity exclusively for shall maintain a complete and orderly use by qualified programmers for non- political file. commercial programming of an edu- (1) The political file shall contain, at cational or informational nature. a minimum: Channel capacity shall be determined (i) A record of all requests for DBS annually by calculating, based on origination time, the disposition of measurements taken on a quarterly those requests, and the charges made, basis, the average number of channels if any, if the request is granted. The available for video programming on all ‘‘disposition’’ includes the schedule of satellites licensed to the provider dur- time purchased, when spots actually ing the previous year. DBS providers aired, the rates charged, and the class- may use this reserved capacity for any es of time purchased; and purpose until such time as it is used for (ii) A record of the free time provided noncommercial educational or infor- if free time is provided for use by or on mational programming. behalf of candidates. (2) Qualified programmer. For purposes (2) All records required to be retained of these rules, a qualified programmer by this section must be placed in the is: political file as soon as possible and (i) A noncommercial educational must be retained for a period of two broadcast station as defined in section years. After the effective date of this 397(6) of the Communications Act of section, DBS providers shall place all 1934, as amended, new political file material required to (ii) A public telecommunications en- be retained by this section in the on- tity as defined in section 397(12) of the line file hosted by the Commission. Communications Act of 1934, as amend- (e) Commercial limits in children’s pro- ed, grams. (1) No DBS provider shall air (iii) An accredited nonprofit edu- more than 10.5 minutes of commercial cational institution or a governmental matter per hour during children’s pro- organization engaged in the formal

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education of enrolled students (A pub- from negotiating rates with qualified licly supported educational institution programmers that are less than 50 per- must be accredited by the appropriate cent of direct costs or from paying state department of education; a pri- qualified programmers for the use of vately controlled educational institu- their programming. tion must be accredited by the appro- (iv) DBS providers shall reserve dis- priate state department of education or crete channels and offer these to quali- the recognized regional and national fying programmers at consistent times accrediting organizations), or to fulfill the reservation requirement (iv) A nonprofit organization whose described in these rules. purposes are educational and include (6) Public file. (i) In addition to the providing educational and instruc- political file requirements in § 25.701, tional television material to such ac- each DBS provider shall maintain in credited institutions and governmental the online file hosted by the Commis- organizations. sion a complete and orderly record of: (v) Other noncommercial entities (A) Quarterly measurements of chan- with an educational mission. nel capacity and yearly average cal- (3) Editorial control. (i) A DBS oper- culations on which it bases its four per- ator will be required to make capacity cent reservation, as well as its response available only to qualified program- to any capacity changes; mers and may select among such pro- (B) A record of entities to whom non- grammers when demand exceeds the commercial capacity is being provided, capacity of their reserved channels. the amount of capacity being provided (ii) A DBS operator may not require to each entity, the conditions under the programmers it selects to include which it is being provided and the particular programming on its chan- rates, if any, being paid by the entity; nels. (C) A record of entities that have re- (iii) A DBS operator may not alter or quested capacity, disposition of those censor the content of the programming requests and reasons for the disposi- provided by the qualified programmer tion. using the channels reserved pursuant (D) Each satellite carrier shall, no to this section. later than July 31, 2020, provide an up- (4) Non-commercial channel limita- to-date email address for carriage election. A DBS operator cannot initially tion notice submissions and an up-to- select a qualified programmer to fill date phone number for carriage-related more than one of its reserved channels questions. Each satellite carrier is re- except that, after all qualified entities sponsible for the continuing accuracy that have sought access have been of- and completeness of the information fered access on at least one channel, a furnished. It must respond to questions provider may allocate additional chan- from broadcasters as soon as is reason- nels to qualified programmers without ably possible. having to make additional efforts to (ii) All records required by paragraph secure other qualified programmers. (i) of this paragraph shall be placed in (5) Rates, terms and conditions. (i) In the online file hosted by the Commis- making the required reserved capacity sion as soon as possible and shall be re- available, DBS providers cannot charge tained for a period of two years. rates that exceed costs that are di- (iii) Each DBS provider must also rectly related to making the capacity place in the online file hosted by the available to qualified programmers. Di- Commission the records required to be rect costs include only the cost of placed in the public inspection file by transmitting the signal to the uplink § 25.701(e) (commercial limits in chil- facility and uplinking the signal to the dren’s programs) and by § 25.601 and 47 satellite. CFR part 76, subpart E (equal employ- (ii) Rates for capacity reserved under ment opportunity requirements) and paragraph (a) of this section shall not retain those records for the period re- exceed 50 percent of the direct costs as quired by those rules. defined in this section. (iv) Each DBS provider must provide (iii) Nothing in this section shall be a link to the online public inspection construed to prohibit DBS providers file hosted on the Commission’s Web

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site from the home page of its own Web this section, SDARS licensees shall site, if the provider has a Web site, and place all new political file material re- provide on its Web site contact infor- quired to be retained by this section in mation for a representative who can the online public file hosted by the assist any person with disabilities with Commission. issues related to the content of the (c) Public inspection file. (1) Each public files. Each DBS provider also SDARS applicant or licensee must also must include in the online public file place in the online public file hosted by hosted by the Commission the address the Commission the records required to of the provider’s local public file, if the be placed in the public inspection file provider retains documents in the local by 47 CFR 25.601 and 73.2080 (equal em- public file that are not available in the ployment opportunities (EEO)) and re- Commission’s online file, and the tain those records for the period re- name, phone number, and email ad- quired by those rules. dress of the provider’s designated con- (2) Each SDARS licensee must pro- tact for questions about the public file. vide a link to the public inspection file (7) Effective date. DBS providers are hosted on the Commission’s Web site required to make channel capacity from the home page of its own Web available pursuant to this section upon site, if the licensee has a Web site, and the effective date. Programming pro- provide on its Web site contact infor- vided pursuant to this rule must be mation for a representative who can available to the public no later than assist any person with disabilities with six months after the effective date. issues related to the content of the public files. Each SDARS licensee also [69 FR 23157, Apr. 28, 2004, as amended at 72 FR 50033, Aug. 29, 2007; 78 FR 8431, Feb. 6, must include in the online public file 2013; 81 FR 10122, Feb. 29, 2016; 84 FR 45668, the address of the licensee’s local pub- Aug. 30, 2019] lic file, if the licensee retains documents in the local public file that are § 25.702 Other SDARS Public interest not available in the Commission’s on- obligations. line file, and the name, phone number, (a) Political broadcasting requirements. and email address of the licensee’s des- The following political broadcasting ignated contact for questions about the rules shall apply to all SDARS licens- public file. ees: 47 CFR 73.1940 (Legally qualified [81 FR 10122, Feb. 29, 2016] candidates for public office), 73.1941 (Equal opportunities), 73.1942 (Can- didate rates), and 73.1944 (Reasonable PART 27—MISCELLANEOUS WIRE- access). LESS COMMUNICATIONS SERV- (b) Political file. Each SDARS licensee ICES shall maintain a complete and orderly political file. Subpart A—General Information (1) The political file shall contain, at Sec. a minimum: 27.1 Basis and purpose. (i) A record of all requests for SDARS 27.2 Permissible communications. origination time, the disposition of 27.3 Other applicable rule parts. those requests, and the charges made, 27.4 Terms and definitions. if any, if the request is granted. The 27.5 Frequencies. 27.6 Service areas. ‘‘disposition’’ includes the schedule of 27.9 Operation of certificated signal boost- time purchased, when spots actually ers. aired, the rates charged, and the class- APPENDIX A TO SUBPART A TO PART 27—LIST es of time purchased; and OF PARTIAL ECONOMIC AREAS WITH COR- (ii) A record of the free time provided RESPONDING COUNTIES if free time is provided for use by or on behalf of candidates. Subpart B—Applications and Licenses (2) SDARS licensees shall place all 27.10 Regulatory status. records required by this section in the 27.11 Initial authorization. political file as soon as possible and 27.12 Eligibility. shall retain the records for a period of 27.13 License period. two years. After the effective date of 27.14 Construction requirements.

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