164 Part 25—Satellite Communications

Pt. 25 47 CFR Ch. I (10–1–15 Edition)

PART 25—SATELLITE SPACE STATIONS COMMUNICATIONS 25.140 Further requirements for license applications for geostationary space sta- Subpart A—General tions in the Fixed-Satellite Service and the 17/24 GHz Broadcasting-Satellite Sec. Service. 25.101 Basis and scope. 25.142 Licensing provisions for the non- 25.102 Station authorization required. voice, non-geostationary Mobile-Sat- 25.103 Definitions. ellite Service. 25.104 Preemption of local zoning of earth 25.143 Licensing provisions for the 1.6/2.4 stations. GHz Mobile-Satellite Service and 2 GHz 25.105 Citizenship. Mobile-Satellite Service. 25.106–25.108 [Reserved] 25.144 Licensing provisions for the 2.3 GHz 25.109 Cross-reference. satellite digital audio radio service. 25.145 Licensing provisions for the Fixed- Subpart B—Applications and Licenses Satellite Service in the 20/30 GHz bands. 25.146 Licensing and operating rules for the GENERAL APPLICATION FILING REQUIREMENTS non-geostationary orbit Fixed-Satellite 25.110 Filing of applications, fees, and num- Service in the 10.7 GHz-14.5 GHz bands. ber of copies. 25.147 Licensing provision for NGSO MSS 25.111 Additional information and ITU cost feeder downlinks in the band 6700–6875 recovery. MHz. 25.112 Defective applications. 25.148 Licensing provisions for the Direct 25.113 Station construction, launch author- Broadcast Satellite Service. ity, and operation of spare satellites. 25.149 Application requirements for ancil- 25.114 Applications for space station author- lary terrestrial components in Mobile- izations. Satellite Service networks operating in 25.115 Application for earth station author- the 1.5./1.6 GHz and 1.6/2.4 GHz Mobile- izations. Satellite Service. 25.116 Amendments to applications. 25.117 Modification of station license. PROCESSING OF APPLICATIONS 25.118 Modifications not requiring prior au- 25.150 Receipt of applications. thorization. 25.151 Public notice period. 25.119 Assignment or transfer of control of 25.152 Dismissal and return of applications. station authorization. 25.153 Repetitious applications. 25.120 Application for special temporary au- 25.154 Opposition to applications and other thorization. 25.121 License term and renewals. pleadings. 25.129 Equipment authorization for portable 25.155 Mutually exclusive applications. earth-station transceivers. 25.156 Consideration of applications. 25.157 Consideration of NGSO-like satellite EARTH STATIONS applications. 25.158 Consideration of GSO-like satellite 25.130 Filing requirements for transmitting applications. earth stations. 25.159 Limits on pending applications and 25.131 Filing requirements and registration unbuilt satellite systems. for receive-only earth stations. 25.132 Verification of earth station antenna FORFEITURE, TERMINATION, AND performance standards. REINSTATEMENT OF STATION AUTHORIZATION 25.133 Period of construction; certification of commencement of operation. 25.160 Administrative sanctions. 25.134 Licensing provisions for Very Small 25.161 Automatic termination of station au- Aperture Terminal (VSAT) and C-band thorization. Small Aperture Terminal (CSAT) net- 25.162 Cause for termination of interference works. protection. 25.135 Licensing provisions for earth station 25.163 Reinstatement. networks in the non-voice, non-geo- 25.164 Milestones. stationary Mobile-Satellite Service. 25.165 Posting of bonds. 25.136 [Reserved] REPORTING REQUIREMENTS FOR SPACE 25.138 Licensing requirements for GSO FSS STATION OPERATORS Earth Stations in the 18.3–18.8 GHz (space-to-Earth), 19.7–20.2 GHz (space-to- 25.170 Annual reporting requirements. Earth), 28.35–28.6 GHz (Earth-to-space), 25.171 Contact information reporting re- and 29.25–30.0 GHz (Earth-to-space) bands. quirements. 25.139 NGSO FSS coordination and informa- 25.172 Requirements for reporting space station sharing between MVDDS licensees tion control arrangements. in the 12.2 GHz to 12.7 GHz band. 25.173 Results of in-orbit testing.

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Subpart C—Technical Standards in the 14.0–14.5 GHz (Earth-to-space) band, operating with Geostationary Sat- 25.201 [Reserved] ellites in the Fixed-Satellite Service. 25.202 Frequencies, frequency tolerance, and 25.227 Blanket licensing provisions for emission limits. Earth Stations Aboard Aircraft (ESAAs) 25.203 Choice of sites and frequencies. receiving in the 10.95–11.2 GHz (space-to- 25.204 Power limits for earth stations. Earth), 11.45–11.7 GHz (space-to-Earth), 25.205 Minimum angle of antenna elevation. and 11.7–12.2 GHz (space-to-Earth) fre- 25.206 Station identification. quency bands and transmitting in the 25.207 Cessation of emissions. 14.0–14.5 GHz (Earth-to-space) frequency 25.208 Power flux density limits. band, operating with Geostationary Sat- 25.209 Earth station antenna performance ellites in the Fixed-Satellite Service. standards. 25.228–25.249 [Reserved] 25.210 Technical requirements for space sta- 25.250 Sharing between NGSO MSS Feeder tions in the Fixed-Satellite Service. links Earth Stations in the 19.3–19.7 GHz 25.211 Analog video transmissions in the and 29.1–29.5 GHz Bands. Fixed-Satellite Services. 25.212 Narrowband analog transmissions 25.251 Special requirements for coordina- and digital transmissions in the GSO tion. Fixed Satellite Service. 25.252 [Reserved] 25.213 Inter-Service coordination require- 25.253 Special requirements for ancillary ments for the 1.6/2.4 GHz Mobile-Satellite terrestrial components operating in the Service. 1626.5–1660.5 MHz/1525–1559 MHz bands. 25.214 Technical requirements for space sta- 25.254 Special requirements for ancillary tions in the Satellite Digital Audio terrestrial components operating in the Radio Service and associated terrestrial 1610–1626.5 MHz/2483.5–2500 MHz bands. repeaters. 25.255 Procedures for resolving harmful in- 25.215 [Reserved] terference related to operation of ancil- 25.216 Limits on emissions from mobile lary terrestrial components operating in earth stations for protection of aero- the 1.5/1.6 GHz and 1.6/2.4 GHz bands. nautical radionavigation-satellite serv- 25.256 Special Requirements for operations ice. in the 3.65–3.7 GHz band. 25.217 Default service rules. 25.257 Special requirements for operations 25.218 Off-axis EIRP density envelopes for in the band 29.1–29.25 GHz between NGSO FSS earth stations transmitting in cer- MSS and LMDS. tain frequency bands. 25.258 Sharing between NGSO MSS Feeder 25.219 [Reserved] links Stations and GSO FSS services in 25.220 Non-conforming transmit/receive the 29.25–29.5 GHz Bands. earth station operations. 25.259 Time sharing between NOAA mete- 25.221 Blanket Licensing provisions for orological satellite systems and non- Earth Stations on Vessels (ESVs) receiv- voice, non-geostationary satellite sys- ing in the 3700–4200 MHz (space-to-Earth) tems in the 137–138 MHz band. band and transmitting in the 5925–6425 25.260 Time sharing between DoD meteoro- MHz (Earth-to-space) band, operating logical satellite systems and non-voice, with GSO Satellites in the Fixed-Sat- non-geostationary satellite systems in ellite Service. the 400.15–401 MHz band. 25.222 Blanket Licensing provisions for 25.261 Procedures for avoidance of in-line Earth Stations on Vessels (ESVs) receiv- interference events for Non Geo- ing in the 10.95–11.2 GHz (space-to-Earth), stationary Satellite Orbit (NGSO) Sat- 11.45–11.7 GHz (space-to-Earth), 11.7–12.2 ellite Network Operations in the Fixed- GHz (space-to-Earth) bands and trans- Satellite Service (FSS) Bands. mitting in the 14.0–14.5 GHz (Earth-to- 25.262 Licensing and domestic coordination space) band, operating with Geo- requirements for 17/24 GHz BSS space stationary Orbit (GSO) Satellites in the stations. Fixed-Satellite Service. 25.263 Information sharing requirements for 25.223 Alternative licensing rules for feeder- SDARS terrestrial repeater operators. link earth stations in the 17/24 GHz BSS. 25.264 Requirements to facilitate reverse- 25.224 Protection of receive-only earth sta- band operation in the 17.3–17.8 GHz band tions in the 17/24 GHz BSS. of 17/24 GHz Broadcasting-satellite Serv- 25.225 Geographic Service Requirements for ice and Direct Broadcast Satellite Serv- 17/24 GHz Broadcasting Satellite Service. ice space stations. 25.226 Blanket Licensing provisions for do- 25.265 Acceptance of interference in 2000– mestic, U.S. Vehicle-Mounted Earth Sta- 2020 MHz. tions (VMESs) receiving in the 10.95–11.2 GHz (space-to-Earth), 11.45–11.7 GHz Subpart D—Technical Operations (space-to-Earth), and 11.7–12.2 GHz (space-to-Earth) bands and transmitting 25.271 Control of transmitting stations.

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25.272 General inter-system coordination Communications Satellite Act of 1962, procedures. as amended, section 501(c)(6) of the 25.273 Duties regarding space communica- International Maritime Satellite Tele- tions transmissions. 25.274 Procedures to be followed in the communications Act, and titles I event of harmful interference. through III of the Communications Act 25.275 Particulars of operation. of 1934, as amended. 25.276 Points of communication. (b) The rules and regulations in this 25.277 Temporary fixed earth station oper- part supplement, and are in addition to ations. the rules and regulations contained in 25.278 Additional coordination obligation or to be added to, other parts of this for non-geostationary and geostationary satellite systems in frequencies allocated chapter currently in force, or which to the fixed-satellite service. may subsequently be promulgated, and 25.279 Inter-satellite service. which are applicable to matters relat- 25.280 Inclined orbit operations. ing to communications by satellites. 25.281 Transmitter identification requirements for video uplink transmissions. [28 FR 13037, Dec. 5, 1963, as amended at 56 25.282 Orbit raising maneuvers. FR 24015, May 28, 1991] 25.283 End-of-life disposal. 25.284 Emergency Call Center Service. § 25.102 Station authorization re- 25.285 Operation of MSS and ATC transmit- quired. ters or transceivers on board civil air- (a) No person shall use or operate ap- craft. paratus for the transmission of energy 25.286 Antenna painting and lighting. 25.287 Requirements pertaining to operation or communications or signals by space of mobile stations in the NVNG, 1.5/1.6 or earth stations except under, and in GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Sat- accordance with, an appropriate au- ellite Service bands. thorization granted by the Federal Communications Commission. Subpart E [Reserved] (b) Protection from impermissible levels of interference to the reception Subpart F—Competitive Bidding of signals by earth stations in the Procedures for DARS Fixed-Satellite Service from terrestrial 25.401 Satellite DARS applications subject stations in a co-equally shared band is to competitive bidding. provided through the authorizations 25.402 [Reserved] granted under this part. 25.403 Bidding application and certification procedures. [56 FR 24016, May 28, 1991] 25.404 Submission of down payment and filing of long-form applications. § 25.103 Definitions. 25.405–25.406 [Reserved] Terms with definitions including the Subparts G–H [Reserved] ‘‘(RR)’’ designation are defined in the same way in § 2.1 of this chapter and in Subpart I—Equal Employment the Radio Regulations of the Inter- Opportunities national Telecommunication Union. 1.5/1.6 GHz Mobile-Satellite Service. Mo- 25.601 Equal employment opportunities. bile-Satellite Service provided in any Subpart J—Public Interest Obligations portion of the 1525–1559 MHz space-to- Earth band and the 1626.5–1660.5 MHz 25.701 Public interest obligations. Earth-to-space band, which are referred AUTHORITY: Interprets or applies sections to in this rule part as the ‘‘1.5/1.6 GHz 4, 301, 302, 303, 307, 309, 319, 332, 705, and 721 of MSS bands.’’ the Communications Act, as amended, 47 1.6/2.4 GHz Mobile-Satellite Service. A U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, 605, Mobile-Satellite Service that operates and 721, unless otherwise noted. in the 1610–1626.5 MHz and 2483.5–2500 MHz bands, or in any portion thereof. Subpart A—General 2 GHz Mobile-Satellite Service. A Mo- bile-Satellite Service that operates in § 25.101 Basis and scope. the 2000–2020 MHz and 2180–2200 MHz (a) The rules and regulations in this bands, or in any portion thereof. part are issued pursuant to the author- 12/14 GHz bands. The 11.7–12.2 GHz ity contained in section 201(c)(11) of the Fixed-Satellite Service space-to-Earth

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band and the 14.0–14.5 GHz Fixed-Sat- ellite Service and are also referred to ellite Service Earth-to-space band. as the 4/6 GHz bands. 17/24 GHz Broadcasting-Satellite Service Coordination distance. When deter- (17/24 GHz BSS). A radiocommunication mining the need for coordination, the service involving transmission from distance on a given azimuth from an one or more feeder-link earth stations earth station sharing the same fre- to other earth stations via geo- quency band with terrestrial stations, stationary satellites, in the 17.3–17.7 or from a transmitting earth station GHz (space-to-Earth) (domestic alloca- sharing the same bidirectionally allo- tion), 17.3–17.8 GHz (space-to-Earth) cated frequency band with receiving (international allocation) and 24.75– earth stations, beyond which the level 25.25 GHz (Earth-to-space) bands. For of permissible interference will not be purposes of the application processing exceeded and coordination is therefore provisions of this part, the 17/24 GHz not required. (RR) BSS is a GSO-like service. Unless spe- Direct Broadcast Satellite (DBS) Serv- cifically stated otherwise, 17/24 GHz ice. A radiocommunication service in BSS systems are subject to the rules in which signals transmitted or retrans- this part applicable to FSS. mitted by Broadcasting-Satellite Serv- 20/30 GHz bands. The 18.3–20.2 GHz ice space stations in the 12.2–12.7 GHz Fixed-Satellite Service space-to-Earth band are intended for direct reception band and the 28.35–30.0 GHz Fixed-Sat- by subscribers or the general public. ellite Service Earth-to-space band. For the purposes of this definition, the Ancillary Terrestrial Component (ATC). term direct reception includes indi- A terrestrial communications network vidual reception and community recep- used in conjunction with a qualifying tion. satellite network system authorized Earth station. A station located either pursuant to these rules and the condi- on the Earth’s surface or within the tions established in the Orders issued major portion of the Earth’s atmos- in IB Docket No. 01–185, Flexibility for phere intended for communication: Delivery of Communications by Mobile- (1) With one or more space stations; Satellite Service Providers in the 2 GHz or Band, the L-Band, and the 1.6/2.4 GHz Band. (2) With one or more stations of the same kind by means of one or more re- Ancillary Terrestrial Component (ATC) flecting satellites or other objects in base station. A terrestrial fixed facility space. (RR) used to transmit communications to or receive communications from one or Earth Station on Vessel (ESV). An more ancillary terrestrial component earth station onboard a craft designed mobile terminals. for traveling on water, receiving from Ancillary Terrestrial Component (ATC) and transmitting to geostationary- mobile terminal. A terrestrial mobile fa- orbit Fixed-Satellite Service space sta- cility used to transmit communications. tions to or receive communications Earth Stations Aboard Aircraft (ESAA). from an ancillary terrestrial compo- Earth stations operating aboard air- nent base station or a space station. craft that receive from and transmit to Blanket license. A license for multiple geostationary-orbit Fixed-Satellite fixed or mobile earth stations or Service space stations pursuant to the SDARS terrestrial repeaters that may requirements in § 25.227. be operated anywhere within a geo- Emergency Call Center. A facility that graphic area specified in the license, or subscribers of satellite commercial mo- for multiple non-geostationary-orbit bile radio services call when in need of space stations. emergency assistance by dialing ‘‘911’’ C band. As used in this part, the on their mobile earth station termi- terms ‘‘C band’’ and ‘‘conventional C nals. band’’ refer to the 3700–4200 MHz Equivalent diameter. When circular ap- (space-to-Earth) and 5925–6425 MHz erture reflector antennas are em- (Earth-to-space) bands. These paired ployed, the size of the antenna is gen- bands are allocated to the Fixed-Sat- erally expressed as the diameter of the

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antenna’s main reflector. When non-re- produced at a geostationary-orbit reflector or non-circular-aperture anten- ceive earth or space station on the nas are employed, the equivalent di- Earth’s surface or in the geostationary ameter is the diameter of a hypo- orbit, as appropriate, by all the trans- thetical circular-aperture antenna with mit stations within a non-geo- the same aperture area as the actual stationary-orbit Fixed-Satellite Serv- antenna. For example, an elliptical ap- ice system, taking into account the off- erture antenna with major axis a and axis discrimination of a reference re- minor axis b will have an equivalent di- ceiving antenna assumed to be pointing ameter of [a × b]1/2. A rectangular aper- in its nominal direction. The equiva- ture antenna with length l and width w 2 will have an equivalent diameter of [4(l lent power flux density, in dB(W/m ) in × w)/π]1/2. the reference bandwidth, is calculated Equivalent Power Flux Density (EPFD). using the following formula: The sum of the power flux densities

Where: fers to the 10.7–11.7 GHz (space-to-

Na is the number of transmit stations in the Earth), 12.75–13.25 GHz (Earth-to- non-geostationary orbit system that are space), and 13.75–14.0 GHz (Earth-to- visible from the GSO receive station con- space) Fixed-Satellite Service bands. sidered on the Earth’s surface or in the Feeder link. A radio link from a fixed geostationary orbit, as appropriate; i is the index of the transmit station consid- earth station at a given location to a ered in the non-geostationary orbit sys- space station, or vice versa, conveying tem; information for a space Pi is the RF power at the input of the an- radiocommunication service other tenna of the transmit station, considered than the Fixed-Satellite Service. The in the non-geostationary orbit system in given location may be at a specified dBW in the reference bandwidth; fixed point or at any fixed point within qi is the off-axis angle between the boresight of the transmit station considered in the specified areas. (RR) non-geostationary orbit system and the Fixed earth station. An earth station direction of the GSO receive station; intended to be used at a fixed position. Gt(qi) is the transmit antenna gain (as a The position may be a specified fixed ratio) of the station considered in the point or any fixed point within a speci- non-geostationary orbit system in the di- fied area. rection of the GSO receive station; Fixed-Satellite Service (FSS). A di is the distance in meters between the transmit station considered in the non- radiocommunication service between geostationary orbit system and the GSO earth stations at given positions, when receive station; one or more satellites are used; the ji is the off-axis angle between the boresight given position may be a specified fixed of the antenna of the GSO receive station point or any fixed point within speci- and the direction of the ith transmit sta- fied areas; in some cases this service tion considered in the non-geostationary includes satellite-to-satellite links, orbit system; which may also be operated in the Gr(qi) is the receive antenna gain (as a ratio) of the GSO receive station in the direc- inter-satellite service; the Fixed-Sat- tion of the ith transmit station consid- ellite Service may also include feeder ered in the non-geostationary orbit sys- links of other space tem; radiocommunication services. (RR) Gr,max is the maximum gain (as a ratio) of the Geostationary-orbit (GSO) satellite. A antenna of the GSO receive station. geosynchronous satellite whose cir- Extended Ku band. As used in this cular and direct orbit lies in the plane part, the term ‘‘extended Ku band’’ re- of the Earth’s equator and which thus

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remains fixed relative to the Earth; by the public switched telephone network extension, a geosynchronous satellite and/or Internet networks. which remains approximately fixed rel- (2) Is not for the exclusive use of any ative to the Earth. customer. Inter-Satellite Service. A (3) May also be used for telemetry, radiocommunication service providing tracking, and command transmissions links between artificial earth sat- for the NGSO FSS system. ellites. (4) May include multiple antennas, Ku band. In this rule part, the terms each required to meet the antenna per- ‘‘Ku band’’ and ‘‘conventional Ku formance standard in § 25.209(h), lo- band’’ refer to the 11.7–12.2 GHz (space- cated within an area of one second lati- to-Earth) and 14.0–14.5 GHz (Earth-to- tude by one second longitude. Addi- space) bands. These paired bands are tional antennas located outside such allocated to the Fixed-Satellite Service area will be considered as a separate and are also referred to as the 12/14 GHz gateway earth station complex for pur- bands. poses of coordination with terrestrial Land earth station. An earth station services. in the Fixed-Satellite Service or, in Non-Voice, Non-Geostationary (NVNG) some cases, in the Mobile-Satellite Mobile-Satellite Service. A Mobile-Sat- Service, located at a specified fixed ellite Service reserved for use by non- point or within a specified area on land geostationary satellites in the provi- to provide a feeder link for the Mobile- sion of non-voice communications Satellite Service. (RR) which may include satellite links be- Land Mobile Earth Station. A mobile tween land earth stations at fixed loca- earth station in the land mobile-sat- tions. ellite service capable of surface move- Permitted Space Station List. A list of ment within the geographical limits of all U.S.-licensed geostationary-orbit a country or continent. (RR) space stations providing Fixed-Sat- Mobile Earth Station. An earth station ellite Service in the conventional C in the Mobile-Satellite Service in- band, the conventional Ku band, or the tended to be used while in motion or 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 during halts at unspecified points. (RR) GHz, and 29.25–30.0 GHz bands, as well Mobile-Satellite Service (MSS). (1) A as non-U.S.-licensed geostationary- radiocommunication service: orbit space stations approved for U.S. (i) Between mobile earth stations and market access to provide Fixed-Sat- one or more space stations, or between ellite Service in the conventional C space stations used by this service; or band, conventional Ku band, or 18.3–18.8 (ii) Between mobile earth stations, GHz, 19.7–20.2 GHz, 28.35–28.6 GHz, and by means of one or more space sta- 29.25–30.0 GHz bands. tions. Power flux density (PFD). The amount (2) This service may also include of power flow through a unit area with- feeder links necessary for its operation. in a unit bandwidth. The units of power (RR) flux density are those of power spectral NGSO. Non-geostationary orbit. density per unit area, namely watts per NGSO FSS gateway earth station. An hertz per square meter. These units are earth station complex consisting of generally expressed in decibel form as multiple interconnecting earth station dB(W/Hz/m2), dB(W/m2) in a 4 kHz band, antennas supporting the communica- or dB(W/m2) in a 1 MHz band. tion routing and switching functions of Power Spectral Density (PSD). The a non-geostationary-orbit Fixed-Sat- amount of an emission’s transmitted ellite Service system. A gateway earth carrier power applied at the antenna station in the NGSO FSS: input falling within the stated band- (1) Does not originate or terminate width. The units of power spectral den- radiocommunication traffic, but inter- sity are watts per hertz and are gen- connects multiple non-collocated user erally expressed in decibel form as earth stations operating in frequency dB(W/Hz) when measured in a 1 Hz bands other than designated gateway bandwidth, dB(W/4kHz) when measured bands, through a satellite with other in a 4 kHz bandwidth, or dB(W/MHz) primary terrestrial networks, such as when measured in a 1 MHz bandwidth.

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Protection areas. The geographic re- of one or more space stations or the gions on the surface of the Earth where use of one or more reflecting satellites U.S. Department of Defense (DoD) me- or other objects in space. teorological satellite systems or Na- Space station. A station located on an tional Oceanic and Atmospheric Ad- object which is beyond, is intended to ministration (NOAA) meteorological go beyond, or has been beyond, the satellite systems, or both such sys- major portion of the Earth’s atmos- tems, are receiving signals from low phere. (RR) earth orbiting satellites. Also, areas Space system. Any group of cooper- around 20/30 GHz NGSO MSS feeder- ating earth stations and/or space sta- link earth stations in the 1.6/2.4 GHz tions employing space Mobile-Satellite Service determined in radiocommunication for specific pur- the manner specified in § 25.203(j). poses. (RR) Radiodetermination-Satellite Service. A Spacecraft. A man-made vehicle radiocommunication service for the which is intended to go beyond the purpose of radiodetermination involv- major portion of the Earth’s atmos- ing the use of one of more space sta- phere. (RR) tions. This service may also include Terrestrial radiocommunication. Any feeder links necessary for its own oper- radiocommunication other than space ation. (RR) radiocommunication or radio astron- Routine processing or licensing. Expe- omy. (RR) dited processing of unopposed applica- Terrestrial station. A station effecting tions for Fixed-Satellite Service earth terrestrial radiocommunication. stations communicating via geo- Vehicle-Mounted Earth Station stationary-orbit satellites that satisfy (VMES). An earth station, operating the criteria in § 25.134(a), § 25.134 (g), from a motorized vehicle that travels § 25.138(a), § 25.211(d), § 25.212(c), primarily on land, that receives from § 25.212(d), § 25.212(f), § 25.218, or and transmits to geostationary orbit § 25.223(b), include all required informa- Fixed-Satellite Service space stations tion, are consistent with all Commis- and operates within the United States sion rules, and do not raise any policy pursuant to the requirements set out issues. Some, but not all, routine earth in § 25.226. station applications are eligible for an [79 FR 8311, Feb. 12, 2014, as amended at 79 autogrant procedure under § 25.115(a)(4). FR 26868, May 12, 2014] Satellite Digital Audio Radio Service (SDARS). A radiocommunication serv- § 25.104 Preemption of local zoning of ice in which audio programming is earth stations. digitally transmitted by one or more (a) Any state or local zoning, land- space stations directly to fixed, mobile, use, building, or similar regulation and/or portable stations, and which that materially limits transmission or may involve complementary repeating reception by satellite earth station an- terrestrial transmitters and telemetry, tennas, or imposes more than minimal tracking and command facilities. costs on users of such antennas, is pre- Satellite system. A space system using empted unless the promulgating au- one or more artificial earth satellites. thority can demonstrate that such reg- (RR) ulation is reasonable, except that non- Selected assignment. A spectrum as- federal regulation of radio frequency signment voluntarily identified by a 2 emissions is not preempted by this sec- GHz MSS licensee at the time that the tion. For purposes of this paragraph licensee’s first 2 GHz Mobile-Satellite (a), reasonable means that the local Service satellite reaches its intended regulation: orbit. (1) Has a clearly defined health, safe- Shapeable antenna beam. A satellite ty, or aesthetic objective that is stated transmit or receive antenna beam, the in the text of the regulation itself; and gain pattern of which can be modified (2) Furthers the stated health, safety at any time without physically repo- or aesthetic objective without unneces- sitioning a satellite antenna reflector. sarily burdening the federal interests Space radiocommunication. Any in ensuring access to satellite services radiocommunication involving the use and in promoting fair and effective

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competition among competing commu- peal and variance procedure has been nications service providers. exhausted; (b)(1) Any state or local zoning, land- (2) The petitioner’s application for a use, building, or similar regulation permit or other authorization required that affects the installation, mainte- by the state or local authority has nance, or use of a satellite earth sta- been on file for ninety days without tion antenna that is two meters or less final action; in diameter and is located or proposed (3) The petitioner has received a per- to be located in any area where com- mit or other authorization required by mercial or industrial uses are generally the state or local authority that is con- permitted by non-federal land-use reg- ditioned upon the petitioner’s expendi- ulation shall be presumed unreasonable and is therefore preempted subject to ture of a sum of money, including costs paragraph (b)(2) of this section. No required to screen, pole-mount, or oth- civil, criminal, administrative, or erwise specially install the antenna, other legal action of any kind shall be greater than the aggregate purchase or taken to enforce any regulation cov- total lease cost of the equipment as ered by this presumption unless the normally installed; or promulgating authority has obtained a (4) A state or local authority has no- waiver from the Commission pursuant tified the petitioner of impending civil to paragraph (e) of this section, or a or criminal action in a court of law and final declaration from the Commission there are no more nonfederal adminis- or a court of competent jurisdiction trative steps to be taken. that the presumption has been rebut- (d) Procedures regarding filing of pe- ted pursuant to paragraph (b)(2) of this titions requesting declaratory rulings section. and other related pleadings will be set (2) Any presumption arising from forth in subsequent Public Notices. All paragraph (b)(1) of this section may be allegations of fact contained in peti- rebutted upon a showing that the regu- tions and related pleadings must be lation in question: supported by affidavit of a person or (i) Is necessary to accomplish a clear- persons with personal knowledge there- ly defined health or safety objective of. that is stated in the text of the regulation itself; (e) Any state or local authority that (ii) Is no more burdensome to sat- wishes to maintain and enforce zoning ellite users than is necessary to or other regulations inconsistent with achieve the health or safety objective; this section may apply to the Commis- and sion for a full or partial waiver of this (iii) Is specifically applicable on its section. Such waivers may be granted face to antennas of the class described by the Commission in its sole discre- in paragraph (b)(1) of this section. tion, upon a showing by the applicant (c) Any person aggrieved by the ap- that local concerns of a highly special- plication or potential application of a ized or unusual nature create a neces- state or local zoning or other regula- sity for regulation inconsistent with tion in violation of paragraph (a) of this section. No application for waiver this section may, after exhausting all shall be considered unless it specifi- nonfederal administrative remedies, cally sets forth the particular regula- file a petition with the Commission re- tion for which waiver is sought. Waiv- questing a declaration that the state or ers granted in accordance with this local regulation in question is pre- section shall not apply to later-enacted empted by this section. Nonfederal ad- or amended regulations by the local ministrative remedies, which do not in- authority unless the Commission exclude judicial appeals of administrative pressly orders otherwise. determinations, shall be deemed ex- (f) A satellite earth station antenna hausted when: (1) The petitioner’s application for a that is designed to receive direct permit or other authorization required broadcast satellite service, including by the state or local authority has direct-to-home satellite services, that been denied and any administrative ap- is one meter or less in diameter or is

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located in Alaska is covered by the reg- GENERAL APPLICATION FILING ulations in § 1.4000 of this chapter. REQUIREMENTS [61 FR 10898, Mar. 18, 1996, as amended at 61 § 25.110 Filing of applications, fees, FR 46562, Sept. 4, 1996] and number of copies. EFFECTIVE DATE NOTE: At 61 FR 46562, (a) Applications may be filed by Sept. 4, 1996, § 25.104 was amended by revising going online at licensing.fcc.gov/myibfs paragraph (b)(1) and adding paragraph (f). and submitting the application These paragraphs contain information col- through the International Bureau Fil- lection and recordkeeping requirements and ing System (IBFS). will not become effective until approval has (b) Submitting your application. All been given by the Office of Management and space station applications and all earth Budget. station applications must be filed electronically on Form 312. In this part, § 25.105 Citizenship. any party permitted or required to file The rules that establish the require- information on Form 312 must file that ments and conditions for obtaining the information electronically through the Commission’s prior approval of foreign International Bureau Filing System ownership in common carrier licensees (IBFS) in accordance with the applica- that would exceed the 20 percent limit ble provisions of part 1, subpart Y of in section 310(b)(3) of the Communica- this chapter. tions Act (47 U.S.C. 310(b)(3)) and/or the (c) All correspondence concerning 25 percent benchmark in section any application must identify: 310(b)(4) of the Act (47 U.S.C. 310(b)(4)) (1) The applicant’s name, are set forth in §§ 1.990 through 1.994 of (2) The call sign of the space station this chapter. or earth station, and (3) The file number of the applica- [78 FR 41331, July 10, 2013] tion. (d) Copies. Applications must be filed §§ 25.106–25.108 [Reserved] electronically though IBFS. The Com- mission will not accept any paper § 25.109 Cross-reference. version of any application. (a) Space and earth stations in the (e) Signing. Upon filing an application Amateur Satellite Service are licensed electronically, the applicant must under 47 CFR part 97. print out the filed application, obtain (b) Ship earth stations in the Mari- the proper signatures, and keep the time Mobile-Satellite Service trans- original in its files. mitting in the 1626.5–1646.5 MHz band (f) The applicant must pay the appro- are subject to licensing under 47 CFR priate fee for its application and submit it in accordance with part 1, subpart 80. part G of this chapter. (c) Earth stations in the Aero- nautical Mobile-Satellite (Route) Serv- [69 FR 47793, Aug. 6, 2004, as amended at 78 ice are subject to licensing under 47 FR 8420, Feb. 6, 2013] CFR part 87. § 25.111 Additional information and (d) Space and earth stations in the ITU cost recovery. Experimental Radio Service may be (a) The Commission may request subject to licensing under 47 CFR part from any party at any time additional 5. information concerning any applica- [78 FR 8420, Feb. 6, 2013] tion, or any other submission or pleading regarding an application, filed under this part. Subpart B—Applications and (b) Applicants and licensees of radio Licenses stations governed by this part must provide the Commission with the infor- SOURCE: 56 FR 24016, May 28, 1991, unless mation required for Advance Publica- otherwise noted. tion, Coordination, and Notification of frequency assignment filings, including due diligence information, pursuant to

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the Radio Regulations of the Inter- in the ‘‘Other Filings’’ tab of the appli- national Telecommunication Union. cation file in the IBFS database, and a No protection from interference caused paper copy must be mailed to the by radio stations authorized by other International Bureau, Satellite Divi- Administrations is guaranteed unless sion. The filing must reference the call ITU procedures are timely completed sign and name of the international sat- or, with respect to individual Adminis- ellite system and include the name(s), trations, coordination agreements are address(es), email address(es), and tele- successfully completed. A license for phone and fax number(s) of a contact which such procedures have not been person, or persons, responsible for cost completed may be subject to additional recovery inquiries and ITU correspond- terms and conditions required for co- ence and filings. Supplements must be ordination of the frequency assign- filed as necessary to apprise the Com- ments with other Administrations. mission of changes in the contact in- (c) In the Direct Broadcast Satellite formation until the ITU cost-recovery service, applicants and licensees shall responsibility is discharged. The appli- also provide the Commission with all cant or licensee must remit payment of information it requires in order to any resultant cost-recovery fee to the modify the plans for the Broadcasting- ITU by the due date specified in the Satellite Service (BSS) in Appendix 30 ITU invoice, unless an appeal is pend- of the ITU Radio Regulations (RR) and ing with the ITU that was filed prior to associated feeder-link plans in Appen- the due date. A license granted in reli- dix 30A of the ITU RR, if the system ance on such a commitment will be has technical characteristics differing conditioned upon discharge of any such from those specified in the Appendix 30 cost-recovery obligation. Where an ap- BSS Plans, the Appendix 30A plicant or licensee has an overdue ITU feederlink Plans, Annex 5 to Appendix cost-recovery fee and does not have an 30, or Annex 3 to Appendix 30A. For appeal pending with the ITU, the Com- such systems, no protection from inter- mission will dismiss any application ference caused by radio stations au- associated with that satellite network. thorized by other Administrations is guaranteed until the agreement of all [56 FR 24016, May 28, 1991, as amended at 67 affected Administrations is obtained FR 51113, Aug. 7, 2002; 68 FR 63997, Nov. 12, and the frequency assignment becomes 2003; 78 FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014] a part of the appropriate Region 2 BSS and feeder-link Plans. Authorizations § 25.112 Defective applications. for which coordination is not completed and/or for which the necessary (a) An application will be unaccept- agreements under Appendices 30 and able for filing and will be returned to 30A have not been obtained may be the applicant with a brief statement subject to additional terms and condi- identifying the omissions or discrep- tions as required to effect coordination ancies if: or obtain the agreement of other Ad- (1) The application is defective with ministrations. Applicants and licensees respect to completeness of answers to shall also provide the Commission with questions, informational showings, in- the information required by Appendix 4 ternal inconsistencies, execution, or of the ITU RR for advance publication other matters of a formal character; or and notification or coordination of the (2) The application does not substan- frequencies to be used for tracking, te- tially comply with the Commission’s lemetry and control functions of DBS rules, regulations, specific requests for systems. additional information, or other re- (d) The Commission will submit the quirements. information required by paragraphs (b) (3) The application requests author- or (c) of this section to the ITU only ity to operate a space station in a fre- after the applicant or licensee has sub- quency band that is not allocated mitted a signed declaration that it un- internationally for such operations conditionally accepts all consequent under the Radio Regulations of the ITU cost-recovery responsibility. The International Telecommunication declaration must be electronically filed Union.

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(4) The application is identical to a part 17 of this chapter. Such an MSS/ pending application that was timely ATC licensee may also conduct equip- filed pursuant to § 25.157 or § 25.158. ment tests for the purpose of making (b) Applications for space station au- adjustments and measurements nec- thority found defective under para- essary to ensure compliance with the graph (a)(3) of this section will not be terms of its ATC license, applicable considered. Applications for authority rules in this part, and technical design found defective under paragraphs (a)(1) requirements. Prior to commencing or (a)(2) of this section may be accept- such construction and pre-operational ed for filing if: testing, an MSS/ATC licensee must no- (1) The application is accompanied by tify the Commission of the commence- a request which sets forth the reasons ment of physical satellite construction in support of a waiver of (or an excep- and the licensee’s intention to con- tion to), in whole or in part, any spe- struct and test ATC facilities. This no- cific rule, regulation, or requirement tification must be filed electronically with which the application is in con- in the appropriate file in the Inter- flict; national Bureau Filing System data- (2) The Commission, upon its own base. The notification must specify the motion, waives (or allows an exception frequencies the licensee proposes to use to), in whole or in part, any rule, regu- for pre-operational testing and the lation or requirement. name, address, and telephone number (c) If an applicant is requested by the of a representative for the reporting Commission to file any additional in- and mitigation of any interference re- formation or any supplementary or ex- sulting from such testing. MSS/ATC li- planatory information not specifically censees engaging in pre-operational required in the prescribed application testing must comply with §§ 5.83, form or these rules, a failure to comply 5.85(c), 5.111, and 5.117 of this chapter with the request within a specified regarding experimental operations. An time period will be deemed to render MSS/ATC licensee may not offer ATC the application defective and will sub- service to the public for compensation ject it to dismissal. during pre-operational testing. [56 FR 24016, May 28, 1991, as amended at 68 (c)–(e) [Reserved] FR 51502, Aug. 27, 2003; 79 FR 8314, Feb. 12, (f) Construction permits are not re- 2014] quired for U.S.-licensed space stations, § 25.113 Station construction, launch except for stations that the applicant authority, and operation of spare proposes to operate to disseminate pro- satellites. gram content to be received by the (a) Construction permits are not re- public at large, rather than only by quired for earth stations. Construction subscribers. Construction of a station of such stations may commence prior for which a construction permit is not to grant of an earth station license at required may commence, at the appli- the applicant’s own risk, subject to the cant’s own risk, prior to grant of a li- requirements of § 1.1312 and part 17 of cense. Before commencing pre-grant this chapter concerning environmental construction, however, an applicant processing and construction, marking, must notify the Commission in writing and lighting of antenna structures. that it plans to begin construction at (b) Construction permits are not re- its own risk. quired for Ancillary Terrestrial Com- (g) Except as set forth in paragraph ponent (ATC) stations. A party with li- (h) of this section, a launch authoriza- censes issued under this part for launch tion and station license (i.e., operating and operation of 1.5/1.6 GHz or 1.6/2.4 authority) must be applied for and GHz GHz Mobile-Satellite Service granted before a space station may be space stations and operation of associ- launched and operated in orbit. Re- ated ATC facilities may commence quest for launch authorization may be construction of ATC base stations at included in an application for space its own risk after commencing physical station license. However, an applica- construction of the space stations, sub- tion for authority to launch and oper- ject to the requirements of § 1.1312 and ate an on-ground spare satellite will be

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considered pursuant to the following § 25.114 Applications for space station procedures: authorizations. (1) Applications for launch and oper- (a) A comprehensive proposal must ation of an on-ground spare NGSO-like be submitted for each proposed GSO satellite will be considered pursuant to space station or NGSO satellite con- the procedures set forth in § 25.157, ex- stellation on FCC Form 312, Main Form cept as set forth in paragraph (g)(3) of and Schedule S, together with attached this section. exhibits as described in paragraph (d) (2) Applications for launch and oper- of this section. An application for blan- ation of an on-ground spare GSO-like ket authority for an NGSO satellite satellite will be considered pursuant to constellation comprised of space sta- the procedures set forth in § 25.158, ex- tions that are not all technically iden- cept as set forth in paragraph (g)(3) of tical must provide the information required by paragraphs (c) and (d) of this this section. section for each type of space station (3) Neither paragraph (g)(1) nor (g)(2) in the constellation. of this section will apply in cases (b) Each application for a new or where the space station to be launched modified space station authorization is determined to be an emergency re- must constitute a concrete proposal for placement for a previously authorized Commission evaluation. Each applica- space station that has been lost as a re- tion must also contain the formal sult of a launch failure or a cata- waiver required by section 304 of the strophic in-orbit failure. Communications Act, 47 U.S.C. 304. The (h) Operators of NGSO satellite sys- technical information for a proposed tems licensed by the Commission need satellite system specified in paragraph not file separate applications to oper- (c) of this section must be filed on FCC ate technically identical in-orbit Form 312, Main Form and Schedule S. spares launched pursuant to a blanket The technical information for a pro- license granted under § 25.114(a). How- posed satellite system specified in ever, the licensee must notify the Com- paragraph (d) of this section need not mission within 30 days of bringing the be filed on any prescribed form but in-orbit spare into operation and cer- should be complete in all pertinent de- tify that its activation has not in- tails. Applications for all new space station authorizations must be filed creased the number of operating space electronically through the Inter- stations above the number previously national Bureau Filing System (IBFS) authorized and that the licensee has in accordance with the applicable pro- determined by measurement that the visions of part 1, subpart Y of this activated spare is operating within the chapter. terms of the license. (c) The following information shall [56 FR 24016, May 28, 1991, as amended at 61 be filed on FCC Form 312, Main Form FR 4366, Feb. 6, 1996; 61 FR 9951, Mar. 12, 1996; and Schedule S: 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, (1) Name, address, and telephone 1997; 62 FR 64172, Dec. 4, 1997; 68 FR 51502, number of the applicant; Aug. 27, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR (2) Name, address, and telephone 32253, June 2, 2005; 77 FR 3954, Jan. 26, 2012; 78 number of the person(s), including FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; counsel, to whom inquiries or cor- 79 FR 27503, May 14, 2014] respondence should be directed; EFFECTIVE DATE NOTE: At 79 FR 27503, May (3) Type of authorization requested 14, 2014, in § 25.113, in the second sentence in (e.g., launch authority, station license, paragraph (b), ‘‘1.5/1.6 GHz, 1.6/2.4 GHz, or 2 modification of authorization); GHz Mobile-Satellite Service’’ was corrected (4)(i) For each space station trans- to read ‘‘1.5/1.6 GHz or 1.6/2.4 GHz GHz Mo- mitting and receiving antenna beam bile-Satellite Service’’. This amendment (including telemetry and tracking contains information collection and record- beams but not command beams), speci- keeping requirements and will not become fy channel center frequencies and effective until approval has been given by bandwidths and polarization plan. For the Office of Management and Budget. command beams, specify each of the center frequencies within a 5 MHz

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range or a range of 2 percent of the as- present this information in a GIMS- signed bandwidth, whichever is small- readable format. er, and the polarization plan. If the (B) For space stations in non-geo- space station can vary channel band- stationary orbits, specify for each width in a particular frequency band unique orbital plane the predicted an- with on-board processing, specify only tenna gain contour(s) for each transmit the range of frequencies in that band and receive antenna beam for one space over which the beam can operate and station if all space stations are iden- the polarization plan. tical in the constellation. If individual (ii) Specify maximum EIRP and max- space stations in the constellation imum EIRP density for each space sta- have different antenna beam configuration transmitting antenna beam. If the tions, specify the predicted antenna satellite uses shapeable antenna gain contours for each transmit and re- beams, as defined in § 25.103, specify in- ceive beam for each space station type stead maximum possible EIRP and and orbit or orbital plane requested. maximum possible EIRP density with- The contours should be plotted on an in each shapeable beam’s proposed cov- area map with the beam depicted on erage area. Provide this information the surface of the earth with the space for each frequency band in which the stations’ peak antenna gain pointed at transmitting antenna would operate. nadir to a latitude and longitude with- For bands below 15 GHz, specify EIRP in the proposed service area. The con- density in dBW/4 kHz; for bands at and tour(s) should be plotted at 2 dB inter- above 15 GHz, specify EIRP density in vals down to 10 dB below the peak gain dBW/MHz. If the EIRP density varies and at 5 dB intervals between 10 dB and over time, specify the maximum pos- 20 dB below the peak gain. For inter- sible EIRP density. satellite links, specify the peak an- (iii)–(iv) [Reserved] tenna gain and 3 dB beamwidth. (v) For each space station receiving (C) For space stations with shapeable beam other than command beams, antenna beams, specify the contours, specify the gain-to-temperature ratio as defined in paragraph (c)(4)(vi)(A) or at beam peak. For receiving beams fed (B) of this section, for the transmitting into transponders, also specify the beam configuration that results in the minimum and maximum saturation highest EIRP density for the beams flux density at beam peak. If the sat- listed in paragraph (c)(4)(ii) of this sec- ellite uses shapeable beams, specify the tion and for the receiving beam con- minimum and maximum gain-to-tem- figuration with the smallest gain-to- perature ratio within each shapeable temperature ratio and the highest re- beam’s proposed coverage area, and for quired saturation power flux density shapeable receiving beams fed into for the beams listed in paragraph transponders, specify the minimum and (c)(4)(v) of this section. If the shapeable maximum saturation power flux den- beams are also steerable, include the sity within the 0 dB relative antenna contours that would result from mov- gain isoline. Provide this information ing the beam peak around the limit of for each frequency band in which the the effective beam peak area and the 0 receiving beam can operate. For com- dB relative antenna gain isoline. The mand beams, specify the beam peak proposed maximum coverage area must flux density at the command threshold; be clearly specified. (vi)(A) For space stations in geo- (D) For space stations with steerable stationary orbit, specify predicted beams that are not shapeable, specify space station antenna gain contour(s) the applicable contours, as defined in for each transmit and receive antenna paragraph(c)(4)(vi)(A) or (B) of this sec- beam, except for beams where the con- tion, with a description of the area tour at 8 dB below peak falls entirely that the steerable beam(s) is expected beyond the edge of the visible Earth. to serve, 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. 10 dB below the peak gain and at 5 dB (vii) For geostationary satellites intervals between 10 dB and 20 dB with large numbers of identical fixed below the peak gain. Applicants must spot beams, other than DBS satellites,

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applicants may, as an alternative to (7) The frequency bands, types of submitting the information described service, and coverage areas; in paragraph (c)(4)(vi) of this section (8) Calculated maximum power flux with respect to these beams, provide density levels within each coverage the predicted antenna gain contours area and energy dispersal bandwidths, for one transmit and receive antenna if any, needed for compliance with beam, together with one of the fol- § 25.208, for the angles of arrival speci- lowing: fied in the applicable paragraph(s) of (A) An area map showing all of the § 25.208; spot beams depicted on the surface of (9) [Reserved] the Earth; (10) Estimated operational lifetime; (B) A table identifying the maximum (11) Whether the space station is to antenna gain point(s) in latitude and be operated on a common carrier basis; longitude to the nearest 0.1 degree; or (12) [Reserved] (C) A map of the isolines formed by (13) The polarization information combining all of the spot beams into necessary for determining compliance one or more composite beams. For non- with § 25.210(a)(1), (a)(3), and (i); geostationary satellites with large (d) The following information in nar- numbers of identical fixed beams on rative form shall be contained in each each satellite, applicants may, as an application: alternative to submitting the informa- (1) Overall description of system fa- tion described in paragraph (c)(4)(vi) of cilities, operations and services and ex- this section with respect to those planation of how uplink frequency beams, specify the predicted antenna bands would be connected to downlink gain contours for one transmit and re- frequency bands; ceive beam pointed to nadir, together (2)–(5) [Reserved] with an area map showing all of the spot beams depicted on the surface of (6) Public interest considerations in the earth with the satellites’ peak an- support of grant; tenna gain pointed to a selected lati- (7) Applicants for authorizations for tude and longitude within the service space stations in the Fixed-Satellite area. Service must also include the informa- (5) For space stations in geo- tion specified in § 25.140(a). Applicants stationary orbit: for authorizations for space stations in the 17/24 GHz Broadcasting-Satellite (i) Orbital location requested, Service must also include the informa- (ii) [Reserved] tion specified in § 25.140(b)(3), (b)(4), (iii) East-west station-keeping range, (b)(5), or (b)(6); (iv) North-south station-keeping (8) Applications for authorizations in range, and the Mobile-Satellite Service in the (v) Accuracy to which antenna axis 1545–1559/1646.5–1660.5 MHz frequency attitude will be maintained; bands shall also provide all informa- (6) For space stations in non-geo- tion necessary to comply with the poli- stationary orbits: cies and procedures set forth in Rules (i) The number of orbital planes and and Policies Pertaining to the Use of the number of space stations in each Radio Frequencies in a Land Mobile plane, Satellite Service, 2 FCC Rcd 485 (1987) (ii) The inclination of the orbital (Available at address in § 0.445 of this plane(s), chapter.); (iii) The orbital period, (9) Applications to license multiple (iv) The apogee, space station systems in the non-voice, (v) The perigee, non-geostationary mobile-satellite (vi) The argument(s) of perigee, service under blanket operating au- (vii) Active service arc(s), thority shall also provide all informa- (viii) Right ascension of the ascend- tion specified in § 25.142; and ing node(s), and (10) Applications for space station au- (ix) For each satellite in each orbital thorizations in the 1.6/2.4 GHz Mobile- plane, the initial phase angle at the Satellite Service must also provide all reference time; information required by § 25.143(b);

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(11) Applications for space stations in at the spacecraft’s end of life, by de- the Direct Broadcast Satellite Service pleting residual fuel and leaving all must include a clear and detailed state- fuel line valves open, venting any pres- ment of whether the space station is to surized system, leaving all batteries in be operated on a broadcast or non- a permanent discharge state, and re- broadcast basis; moving any remaining source of stored (12) Applications for authorizations energy, or through other equivalent in the non-geostationary orbit Fixed- procedures specifically disclosed in the Satellite Service in the 10.7–14.5 GHz application; bands must also provide all informa- (iii) A statement that the space station specified in § 25.146. tion operator has assessed and limited (13) For satellite applications in the the probability of the space station be- Direct Broadcast Satellite Service, if coming a source of debris by collisions the proposed system’s technical char- with large debris or other operational acteristics differ from those specified space stations. Where a space station in the Appendix 30 BSS Plans, the Ap- will be launched into a low-Earth orbit pendix 30A feeder link Plans, Annex 5 that is identical, or very similar, to an to Appendix 30 or Annex 3 to Appendix orbit used by other space stations, the 30A of the ITU Radio Regulations, each statement must include an analysis of applicant must provide: the potential risk of collision and a de- (i) The information requested in Ap- scription of what measures the space pendix 4 of the ITU Radio Regulations. station operator plans to take to avoid Further, applicants must provide suffi- in-orbit collisions. If the space station cient technical showing that the proposed system could operate satisfac- operator is relying on coordination torily if all assignments in the BSS with another system, the statement and feeder link Plans were imple- must indicate what steps have been mented. taken to contact, and ascertain the (ii) Analyses of the proposed system likelihood of successful coordination of with respect to the limits in Annex 1 to physical operations with, the other Appendices 30 and 30A of the ITU Radio system. The statement must disclose Regulations. the accuracy—if any—with which or- (14) A description of the design and bital parameters of non-geostationary operational strategies that will be used satellite orbit space stations will be to mitigate orbital debris, including maintained, including apogee, perigee, the following information: inclination, and the right ascension of (i) A statement that the space sta- the ascending node(s). In the event tion operator has assessed and limited that a system is not able to maintain the amount of debris released in a orbital tolerances, i.e., it lacks a pro- planned manner during normal oper- pulsion system for orbital mainte- ations, and has assessed and limited nance, that fact should be included in the probability of the space station be- the debris mitigation disclosure. Such coming a source of debris by collisions systems must also indicate the antici- with small debris or meteoroids that pated evolution over time of the orbit could cause loss of control and prevent of the proposed satellite or satellites. post-mission disposal; Where a space station requests the as- (ii) A statement that the space sta- signment of a geostationary-Earth tion operator has assessed and limited orbit location, it must assess whether the probability of accidental explosions there are any known satellites located during and after completion of mission at, or reasonably expected to be lo- operations. This statement must in- cated at, the requested orbital loca- clude a demonstration that debris gen- tion, or assigned in the vicinity of that eration will not result from the conver- location, such that the station keeping sion of energy sources on board the volumes of the respective satellites spacecraft into energy that fragments might overlap. If so, the statement the spacecraft. Energy sources include must include a statement as to the chemical, pressure, and kinetic energy. identities of those parties and the This demonstration should address measures that will be taken to prevent whether stored energy will be removed collisions;

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(iv) A statement detailing the post- flux densities. The affected parties mission disposal plans for the space with whom the applicant must coordi- station at end of life, including the nate are those GSO 17/24 GHz BSS sat- quantity of fuel—if any—that will be ellite networks located up to ±6° away reserved for post-mission disposal ma- for excesses of up to 3 dB above the neuvers. For geostationary-Earth orbit power flux-density levels specified in space stations, the statement must dis- § 25.208(w) of this part, and up to ±10° close the altitude selected for a post- away greater for excesses greater than mission disposal orbit and the calcula- 3 dB above those levels. tions that are used in deriving the dis- (iii) An applicant proposing to proposal altitude. The statement must vide international service in the 17.7– also include a casualty risk assessment 17.8 GHz band must demonstrate that it if planned post-mission disposal in- will meet the power flux density limits volves atmospheric re-entry of the set forth in § 25.208(c) of this part. space station. In general, an assess- (iv) The information required in ment should include an estimate as to § 25.264(a) and (b). whether portions of the spacecraft will (16) In addition to the requirements survive re-entry and reach the surface of paragraph (d)(15) of this section, of the Earth, as well as an estimate of each applicant for a license to operate the resulting probability of human cas- a 17/24 GHz BSS space station that will ualty. Applicants for space stations to be used to provide video programming be used only for commercial remote directly to consumers in the United sensing may, in lieu of submitting de- States, that will not meet the require- tailed post-mission disposal plans to ments of § 25.225 of this part, must in- the Commission, certify that they have clude as an attachment to its applica- submitted such plans to the National tion a technical analysis dem- Oceanic and Atmospheric Administra- onstrating that providing video pro- tion for review. gramming service to consumers in (v) For non-U.S.-licensed space sta- Alaska and Hawaii that is comparable tions, the requirement to describe the to the video programming service pro- design and operational strategies to vided to consumers in the 48 contig- minimize orbital debris risk can be sat- uous United States (CONUS) is not fea- isfied by demonstrating that debris sible as a technical matter or that, mitigation plans for the space sta- while technically feasible, such service tion(s) for which U.S. market access is would require so many compromises in requested are subject to direct and ef- satellite design and operation as to fective regulatory oversight by the na- make it economically unreasonable. tional licensing authority. (17) An applicant seeking to operate a (15) Each applicant for a space sta- space station in the 17/24 GHz broad- tion license in the 17/24 GHz broadcasting-satellite service pursuant to casting-satellite service shall include the provisions of § 25.262(b) of this part, the following information as an attach- at an offset location no greater than ment to its application: one degree offset from an orbital loca- (i) Except as set forth in paragraph tion specified in Appendix F of the Re- (d)(15)(ii) of this section, an applicant port and Order adopted May 2, 2007, IB proposing to operate in the 17.3–17.7 Docket No. 06–123, FCC 07–76, must sub- GHz frequency band, must provide a mit a written request to that effect as demonstration that the proposed space part of the narrative portion of its ap- station will comply with the power flux plication. density limits set forth in § 25.208(w) of (18) For space stations in the Direct this part. Broadcast Satellite service or the 17/24 (ii) In cases where the proposed space GHz broadcasting-satellite service, station will not comply with the power maximum orbital eccentricity. flux density limits set forth in § 25.208(w) of this part, the applicant [68 FR 63997, Nov. 12, 2003, as amended at 69 FR 29901, May 26, 2004; 69 FR 47794, Aug. 6, will be required to provide a certifi- 2004; 69 FR 54587, Sept. 9, 2004; 72 FR 50027, cation that all potentially affected par- Aug. 29, 2007; 72 FR 60278, Oct. 24, 2007; 76 FR ties acknowledge and do not object to 50431, Aug. 15, 2011; 78 FR 8421, Feb. 6, 2013; 79 the use of the applicant’s higher power FR 8314, Feb. 12, 2014]

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§ 25.115 Application for earth station (viii) The applicant does not propose authorizations. to communicate via non-U.S.-licensed (a)(1) Transmitting earth stations. satellites not on the Permitted Space Commission authorization must be ob- Station List. tained for authority to operate a trans- (ix) If the proposed station(s) will mitting earth station. Applications transmit in the 28.35–28.6 GHz and/or shall be filed electronically on FCC 29.5–30 GHz bands, the applicant is pro- Form 312, Main Form and Schedule B, posing to communicate only via sat- and include the information specified ellites for which coordination has been in § 25.130, except as set forth in para- completed pursuant to Footnote US334 graph (a)(2) of this section. of the U.S. Table of Frequency Alloca- (2) Applicants for licenses for trans- tions with respect to Federal Govern- mitting earth stations in the Fixed- ment systems authorized on a primary Satellite Service may file on FCC basis, under an agreement previously Form 312EZ if all of the following cri- approved by the Commission and the teria are met: National Telecommunications and In- (i) The application is for a single sta- formation Administration, and the ap- tion that will transmit to an FSS GSO plicant certifies that it will operate space station, or stations, in the 5925– consistently with the agreement. 6425 MHz band, or for single or multiple (3) Unless the Commission orders stations that will transmit to an FSS otherwise, an application filed on FCC GSO space station, or stations, in the Form 312EZ in accordance with para- 14.0–14.5 GHz, 28.35–28.6 GHz, and/or graph (a)(2) of this section will be 29.5–30.0 GHz band; deemed granted 35 days after the date (ii) The earth station(s) will not be of the public notice that the applica- installed or operated on ships, aircraft, tion has been accepted for filing, pro- or other moving vehicles; vided no objection is filed during the (iii) The equivalent diameter of the 30-day public notice period. proposed antenna is 4.5 meters or (4) Applications for earth station au- greater if the station will transmit in thorizations must be filed in accord- the 5925–6425 MHz band or 1.2 meters or ance with the pleading limitations, pe- greater if the station will transmit in riods and other applicable provisions of the 14.0–14.5 GHz band; §§ 1.41 through 1.52 of this chapter, ex- (iv) If the station(s) will transmit in cept that such earth station applica- the 5925–6425 MHz band or the 14.0–14.5 tions must be filed electronically GHz band, the performance of the pro- through the International Bureau Fil- posed antenna comports with the ing System (IBFS) in accordance with standards in § 25.209(a) and (b) and is the applicable provisions of part 1, sub- verified in accordance with applicable part Y of this chapter; provisions of § 25.132; (b) Receive-only earth stations. Ap- (v) If the station(s) will transmit in plications to license or register receive the 5925–6425 MHz band or the 14.0–14.5 only earth stations shall be filed on GHz band, input power to the antenna FCC Form 312, Main Form and Sched- will not exceed applicable limits speci- ule B, and conform to the provisions of fied in §§ 25.211 and 25.212; if the sta- § 25.131. tion(s) will transmit in the 28.35–28.6 (c)(1) Large Networks of Small An- GHz and/or 29.5–30.0 GHz band, off-axis tennas operating in the 11.7–12.2 GHz EIRP density will not exceed the levels and 14.0–14.5 GHz frequency bands with specified in § 25.138(a); U.S.-licensed or non-U.S.-licensed sat- (vi) Operation of the proposed station ellites for domestic or international has been successfully coordinated with services. Applications to license small terrestrial systems, if the station antenna network systems operating in would transmit in the 5925–6425 MHz the 11.7–12.2 GHz and 14.0–14.5 GHz fre- band; quency band under blanket operating (vii) The applicant has provided an authority shall be filed on FCC Form environmental impact statement pur- 312 and Schedule B, for each large (5 suant to § 1.1311 of this chapter, if re- meters or larger) hub station, and quired; and Schedule B for each representative

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type of small antenna (less than 5 me- six months after it successfully com- ters) operating within the network. pletes coordination, it will be assumed (c)(2) Large Networks of Small An- that such frequency use is no longer tennas operating in the 4/6 GHz fre- desired, unless a second notification quency bands with U.S.-licensed or has been received within ten days prior non-U.S. licensed satellites for domes- to the end of the six month period. tic services (CSATs). Applications to Such renewal notifications must be license small antenna network systems sent to all parties concerned. If the operating in the standard C-Band, 3700– lead application or Schedule B, or re- 4200 MHz and 5925–6425 MHz frequency newal notification, is not timely re- band shall be filed electronically on ceived, the coordination will lapse and FCC Form 312, Main Form and Sched- the licensee must re-coordinate the rel- ule B. evant earth stations if it still wishes to (i) An initial lead application pro- bring them into operation. viding a detailed overview of the com- (iv) Operation of each individual site plete network shall be filed. Such lead may commence immediately after the applications shall fully identify the public notice is released that identifies scope and nature of the service to be the notification sent to the Commis- provided, 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. type of small antenna (less than 4.5 me- Continuance of operation of each sta- ters) that will operate within the net- tion for the duration of the lead license work. Such lead applications for a sin- term shall be dependent upon success- gle CSAT system must identify: ful completion of the normal public no- (A) No more than three discrete geo- tice process. If any objections are re- stationary satellites to be accessed; ceived to the new station prior to the (B) The amount of frequency band- end of the 30 day comment period of width sought, up to a maximum of 20 the Public Notice, the licensee shall MHz of spectrum in each direction at immediately cease operation of those each of the satellites (The same 20 MHz particular stations until the coordina- of uplink and 20 MHz of downlink spec- tion dispute is resolved and the CSAT trum at each satellite would be acces- licensee informs the Commission of the sible by all CSAT earth stations in the resolution. If the requirements of para- system. The 20 MHz of uplink and 20 graph (c)(2)(vi) of this section are not MHz of downlink spectrum need not be met, operation may not commence the same at each satellite location); until the Commission issues the public (C) The maximum number of earth notice acting on the CSAT terminal station sites; authorization. (ii) Following the issuance of a li- (v) Each CSAT licensee shall annu- cense for the lead application, the li- ally provide the Commission an up- censee shall notify the Commission of dated list of all operational earth sta- the complete technical parameters of tions in its system. The annual list each individual earth station site be- shall also include a list of all earth sta- fore that site is bought into operation tions deactivated during the year and under the lead authorization. Full fre- identification of the satellites pro- quency coordination of each individual viding service to the network as of the site (e.g., for each satellite and the date of the report. spectrum associated therewith) shall (vi) Conditional authorization. (A) An be completed prior to filing Commis- applicant for a new CSAT radio station sion notification. The coordination or modification of an existing CSAT must be conducted in accordance with station authorized under paragraph § 25.203. Such notification shall be done (c)(2)(i) of this section in the 3700–4200; by electronic filing and shall be con- or 5925–6425 MHz bands may operate the sistent with the technical parameters proposed station during the pendency of Schedule B of FCC Form 312. of its application after the release of (iii) Following successful coordina- the public notice accepting the notifi- tion of such an earth station, if the cation for filing that complies with earth station operator does not file a paragraph (c)(2)(ii) of this section. The lead application or a Schedule B within applicant, however, must first certify

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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 (d) Mobile-Satellite Service user cleared by the FCC; transceivers need not be individually (3) The grant of the application(s) licensed. Service vendors may file blan- does not require a waiver of the Com- ket applications for such transceivers mission’s rules (with the exception of a using FCC Form 312, Main Form and request for waiver pertaining to fees); Schedule B, specifying the number of (4) The applicant has determined that units to be covered by the blanket li- the facility(ies) will not significantly cense. A blanket license application for affect the environment as defined in 1.5/1.6 GHz MSS user transceivers must § 1.1307 of this chapter after complying include an explanation of how the ap- with any applicable environmental no- plicant will comply with the priority tification procedures specified in and preemptive access requirements in § 17.4(c) of this chapter. § 25.287. (5) The station site does not lie with- (e) Earth stations operating in the 20/ in 56.3 kilometers of any international 30 GHz Fixed-Satellite Service with border or within a radio ‘‘Quiet Zone’’ U.S.-licensed or non-U.S. licensed sat- identified in § 1.924 of this chapter; and ellites: Applications to license indi- (6) The filed application is consistent vidual earth stations operating in the with the proposal that was coordinated 20/30 GHz band shall be filed on FCC pursuant to § 25.251. Form 312, Main Form and Schedule B, (B) Conditional authority ceases im- and shall also include the information mediately if the Schedule B is returned described in § 25.138. Earth stations be- by the Commission because it is not ac- longing to a network operating in the cepted for filing. 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 (C) A conditional authorization pur- GHz or 29.25–30.0 GHz bands may be li- suant to paragraphs (c)(2)(vi)(A) and censed on a blanket basis. Applications (c)(2)(vi)(B) of this section is evidenced for such blanket authorization may be by retaining a copy of the Schedule B filed using FCC Form 312, Main Form notification with the station records. and Schedule B, and specifying the Conditional authorization does not number of terminals to be covered by prejudice any action the Commission the blanket license. Each application may take on the subject application(s) for a blanket license under this section or the Schedule B notifications. shall include the information described (D) Conditional authority is accepted in § 25.138. with the express understanding that (f) User transceivers in the non-geo- such authority may be modified or can- stationary satellite orbit Fixed-Sat- celled by the Commission at any time ellite Service in the 11.7–12.2 GHz, 12.2– without hearing if, in the Commis- 12.7 GHz and 14.0–14.5 GHz bands need sion’s discretion, the need for such ac- not be individually licensed. Service tion arises. An applicant operating pur- vendors may file blanket applications suant to this conditional authority as- for transceiver units using FCC Form sumes all risks associated with such 312, Main Form and Schedule B, and operation, the termination or modi- shall specify the number of terminals

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to be covered by the blanket license. (h) Any earth station applicant filing Each application for a blanket license an application pursuant to § 25.218 of under this section shall include the in- this chapter must file three tables formation described in § 25.146. Any showing the off-axis EIRP level of the earth stations that are not user proposed earth station antenna of the transceivers, and which transmit in the plane of the geostationary orbit, the non-geostationary satellite orbit elevation plane, and towards the hori- Fixed-Satellite Service in the 10.7–11.7 zon. In each table, the EIRP level must GHz, 12.75–13.15 GHz, 13.2125–13.25 GHz, be provided at increments of 0.1° for an- and 13.75–14.0 GHz bands must be indi- gles between 0° and 10° off-axis, and at vidually licensed, pursuant to para- increments of 5° for angles between 10° graph (a) of this section. and 180° off-axis. (g) Applications for feeder link earth (1) For purposes of the off-axis EIRP stations operating in the 24.75—25.25 table in the plane of the geostationary GHz band (Earth-to-space) and pro- orbit, the off-axis angle is the angle in viding service to geostationary sat- degrees from the line connecting the ellites in the 17/24 GHz BSS must in- focal point of the antenna to the target clude, in addition to the particulars of satellite, within the plane determined operation identified on Form 312 and by the focal point of the antenna and associated Schedule B, the information the line tangent to the arc of the geo- specified in either paragraph (g)(1) or stationary satellite orbit at the posi- (g)(2) below for each earth station an- tion of the target satellite. tenna type: (2) For purposes of the off-axis EIRP (1) A series of EIRP density charts or table in the elevation plane, the off- tables, calculated for a production axis angle is the angle in degrees from earth station antenna, based on meas- the line connecting the focal point of urements taken on a calibrated an- the antenna to the target satellite, tenna range at 25 GHz, with the off-axis within the plane perpendicular to the EIRP envelope set forth in paragraphs plane determined by the focal point of (g)(1)(i) through (g)(1)(iv) of this sec- the antenna and the line tangent to the tion superimposed, as follows: arc of the geostationary satellite orbit (i) Showing off-axis co-polarized at the position of the target satellite. EIRP spectral density in the azimuth plane, for off-axis angles from minus (3) For purposes of the off-axis EIRP 10° to plus 10° and from minus 180° to table towards the horizon, the off-axis plus 180°; angle is the angle in degrees from the (ii) Showing off-axis co-polarized line determined by the intersection of EIRP spectral density in the elevation the horizontal plane and the elevation plane, at off-axis angles from 0°to plus plane described in paragraph (h)(2) of 30°; this section, in the horizontal plane. (iii) Showing off-axis cross-polarized The horizontal plane is the plane deter- EIRP spectral density in the azimuth mined by the focal point of the antenna plane, at off-axis angles from minus 10° and the horizon. to plus 10°; and (4) In addition, in an attachment to (iv) Showing off-axis cross-polarized its application, the earth station appli- EIRP spectral density in the elevation cant must certify that it will limit its plane, at off-axis angles from minus 10° pointing error to 0.5°, or demonstrate to plus 10° that it will comply with the applicable (2) A certification on Schedule B that off-axis EIRP envelopes in § 25.218 of the antenna conforms to the gain pat- this part when the antenna is tern criteria of § 25.209(a) and (b), that mispointed at its maximum pointing when combined with input power den- error. sity (computed from the maximum on- (i) Any earth station applicant filing axis EIRP density per carrier less the an application for a VSAT network antenna gain entered in Schedule B), made up of FSS earth stations and demonstrates that the off-axis EIRP planning to use a contention protocol spectral density envelope set forth in must include in its application a cer- § 25.223(b)(1) through (4) of this part will tification that it will comply with the be met. requirements of § 25.134(g)(4).

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(j) An application for a new fixed Finding Aids section of the printed volume earth station or modification involving and at www.fdsys.gov. alteration of the overall height of one EFFECTIVE DATE NOTE: At 74 FR 9962, Mar. or more existing earth station antenna 9, 2009, § 25.115 paragraphs (h) and (i) which structures must include the FCC An- contain information collection and record- tenna Structure Registration Num- keeping requirements, became effective with ber(s) for the antenna structure(s), if approval by the Office of Management and assigned. If no such number has been Budget for a period of 3 years. assigned, the application must state § 25.116 Amendments to applications. whether prior FAA notification is required by part 17 of this chapter and, if (a) Unless otherwise specified, any so, whether the applicant or owner of pending application may be amended the structure has notified the FAA of until designated for hearing, a public the proposed construction or alteration notice is issued stating that a sub- and applied for an Antenna Structure stantive disposition of the application Registration Number in accordance is to be considered at a forthcoming with part 17 of this chapter. Applicants Commission meeting, or a final order who maintain that prior FAA notifica- disposing of the matter is adopted by tion is not required for construction or the Commission. alteration of a structure with overall (b) Major amendments submitted height more than 6.1 meters above pursuant to paragraph (a) of this sec- ground level must explain in the appli- tion are subject to the public notice re- cation why such prior notification is quirements of § 25.151. An amendment not required. will be deemed to be a major amend- (k)(1) Applicants for Fixed-Satellite ment under the following cir- Service earth stations that qualify for cumstances: routine processing in the C, Ku, or 20/30 (1) If the amendment increases the GHz band, including ESV applications potential for interference, or changes filed pursuant to § 25.222(a)(1) or (a)(3), the proposed frequencies or orbital lo- VMES applications filed pursuant to cations to be used. § 25.226(a)(1) or (a)(3), and ESAA appli- (2) If the amendment would convert cations filed pursuant to § 25.227(a)(1) or the proposal into an action that may (a)(3), may designate the Permitted have a significant environmental effect Space Station List as a point of com- under § 1.1307 of this chapter. munication. Once such an application (3) [Reserved] is granted, the earth station operator (4) If the amendment, or the cumu- may communicate with any space sta- lative effect of the amendment, is de- tion on the Permitted Space Station termined by the Commission otherwise List, provided that the operation is to be substantial pursuant to section consistent with the technical param- 309 of the Communications Act. eters and conditions established in the (5) Amendments to ‘‘defective’’ space earth station license and any limita- station applications, within the mean- tions placed on the space station au- ing of § 25.112 will not be considered. thorization or noted in the Permitted (c) Any application for an NGSO-like Space Station List. satellite license within the meaning of (2) Notwithstanding paragraph (k)(1) § 25.157 will be considered to be a newly of this section, the operator of an earth filed application if it is amended by a station that qualifies for routine proc- major amendment (as defined by para- essing in the 20/30 GHz bands may not graph (b) of this section) after a ‘‘cut- communicate with a space station on off’’ date applicable to the application, the Permitted Space Station List in except under the following cir- the 18.3–18.8 GHz or 19.7–20.2 GHz band cumstances: (1) The amendment resolves fre- until the space station operator has quency conflicts with authorized sta- completed coordination under Foot- tions or other pending applications but note US334 to § 2.106 of this chapter. does not create new or increased fre- [62 FR 5928, Feb. 10, 1997] quency conflicts; EDITORIAL NOTE: For FEDERAL REGISTER ci- (2) The amendment reflects only a tations affecting § 25.115, see the List of CFR change in ownership or control found Sections Affected, which appears in the by the Commission to be in the public

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interest and, for which a requested ex- Form and Schedule B. Applications for emption from a ‘‘cut-off’’ date is grant- modification of space station author- ed; izations must be submitted on FCC (3) The amendment corrects typo- Form 312, Main Form and Schedule S. graphical, transcription, or similar Only those items that change need to clerical errors which are clearly dem- be specified, provided that the appli- onstrated to be mistakes by reference cant certifies that the remaining infor- to other parts of the application, and mation has not changed. whose discovery does not create new or (d)(1) Except as set forth in § 25.118(e), increased frequency conflicts; or applications for modifications of space (4) The amendment does not create station authorizations shall be filed in new or increased frequency conflicts, accordance with § 25.114, but only those and is demonstrably necessitated by items of information listed in § 25.114 events which the applicant could not that change need to be submitted, pro- have reasonably foreseen at the time of vided the applicant certifies that the filing. remaining information has not (d) Any application for a GSO-like changed. satellite license within the meaning of (2) Applications for modifications of § 25.158 will be considered to be a newly space station authorizations will be filed application if it is amended by a granted except under the following cir- major amendment (as defined by para- cumstances: graph (b) of this section), and will (i) Granting the modification would cause the application to lose its status make the applicant unqualified to op- relative to later-filed applications in erate a space station under the Com- the ‘‘queue’’ as described in § 25.158. mission’s rules. (e) Any amendment to an application (ii) Granting the modification re- shall be filed electronically through quest would not serve the public inter- the International Bureau Filing Sys- est, convenience, and necessity. tem (IBFS) in accordance with the ap- (iii) Except as set forth in paragraph plicable provisions of part 1, subpart Y (d)(2)(iv) of this section, applications of this chapter. Amendments to space for modifications of GSO-like space station applications must be filed on station authorizations granted pursu- Form 312 and Schedule S. Amendments ant to the procedure set forth in to earth station applications must be § 25.158, which seek to relocate a GSO filed on Form 312 and Schedule B. satellite or add a frequency band to the [56 FR 24016, May 28, 1991, as amended at 68 authorization, will be placed in a queue FR 51503, Aug. 27, 2003; 69 FR 47794, Aug. 6, pursuant to § 25.158 and considered only 2004; 78 FR 8421, Feb. 6, 2013] after previously filed space station license applications or space station § 25.117 Modification of station license. modification applications have been (a) Except as provided for in § 25.118 considered. (Modifications not requiring prior au- (iv) Applications for modifications of thorization), no modification of a radio space station authorizations to in- station governed by this part which af- crease the authorized bandwidth will fects the parameters or terms and con- not be considered in cases in which the ditions of the station authorization original space station authorization shall be made except upon application was granted pursuant to the procedures to and grant of such application by the set forth in § 25.157(e) or § 25.158(c)(4). Commission. (v) Any 17/24 GHz BSS space station (b) Both earth station and space sta- operator whose license is conditioned tion modification applications must be to operate at less than the power level filed electronically through the Inter- otherwise permitted by § 25.208(c) and/ national Bureau Filing System (IBFS) or (w) of this part, and is conditioned in accordance with the applicable pro- to accept interference from a neigh- visions of part 1, subpart Y of this boring 17/24 GHz BSS space station, chapter. may file a modification application to (c) Applications for modification of remove those two conditions in the earth station authorizations must be event that the license for that neigh- submitted on FCC Form 312, Main boring space station is cancelled or

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surrendered. In the event that two or compliance with the criteria specified more such modification applications in § 25.149(b). are filed, and those applications are (g) In cases where an earth station li- mutually exclusive, the modification censee proposes additional transmit- applications will be considered on a ters, facilities, or modifications, the first-come, first-served basis pursuant resulting transmissions of which can to the procedure set forth in § 25.158 of reasonably be expected to cause the this part. power density to exceed the RF expo- (3) In the event that a space station sure limits specified in part 1, subpart licensee provides notification of a I of this chapter by five percent, the li- planned license modification pursuant censee must submit an environmental to § 25.118(e), and the Commission finds assessment pursuant to § 1.1307(b)(3)(i) that the proposed modification does of this chapter as an attachment to its not meet the requirements of § 25.118(e), modification application. the Commission will issue a public no- [56 FR 24016, May 28, 1991, as amended at 61 tice announcing that the proposed li- FR 9952, Mar. 12, 1996; 62 FR 5928, Feb. 10, cense modification will be considered 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, pursuant to the procedure specified in Aug. 12, 2003; 68 FR 51503, Aug. 27, 2003; 68 FR paragraphs (d)(1) and (d)(2) of this sec- 62248, Nov. 3, 2003; 68 FR 63998, Nov. 12, 2003; tion. 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, (e) Any application for modification 2005; 72 FR 60279, Oct. 24, 2007; 78 FR 8421, Feb. 6, 2013] of authorization to extend a required date of completion, as set forth in § 25.118 Modifications not requiring § 25.133 for earth station authorizations prior authorization. or § 25.164 for space stations, or in- (a) Earth station license modifications, cluded as a condition of any earth sta- notification required. Authorized earth tion or space station authorization, station operators may make the fol- must include a verified statement from lowing modifications to their licenses the applicant: without prior Commission authoriza- (1) That states that the additional tion, provided that the operators notify time is required due to unforeseeable the Commission, using FCC Form 312 circumstances beyond the applicant’s and Schedule B, within 30 days of the control, describes these circumstances modification. This notification must be with specificity, and justifies the pre- filed electronically through the Inter- cise extension period requested; or national Bureau Filing System (IBFS) (2) That states there are unique and in accordance with the applicable pro- overriding public interest concerns visions of part 1, subpart Y of this that justify an extension, identifies chapter: these interests and justifies a precise (1) Licensees may make changes to extension period (f) An application for their authorized earth stations without modification of a space station license obtaining prior Commission authoriza- to add an ancillary terrestrial compo- tion, provided that they have complied nent to an eligible satellite network with all applicable frequency coordina- will be treated as a request for a minor tion procedures in accordance with modification if the particulars of oper- § 25.251, and the modification does not ations provided by the applicant com- involve: ply with the criteria specified in (i) An increase in EIRP or EIRP den- § 25.149. Notwithstanding the treatment sity (both main lobe and side lobe); of such an application as a minor modi- (ii) An increase in transmitted power; fication, the Commission shall place (iii) A change in coordinates of more any initial application for the modi- than 1 second in latitude or longitude fication of a space station license to for stations operating in frequency add an ancillary terrestrial component bands that are shared with terrestrial on notice for public comment. Except systems; or as provided for in § 25.149(f), no applica- (iv) A change in coordinates of 10 section for authority to add an ancillary onds or greater in latitude or longitude terrestrial component to an eligible for stations operating in frequency satellite network shall be granted until bands that are not shared with terres- the applicant has demonstrated actual trial systems.

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(2) Except for replacement of equip- but upon 30 days prior notice to the ment where the new equipment is elec- Commission and any potentially af- trically identical to the existing equip- fected licensed spectrum user, provided ment, an authorized earth station li- that the operator meets the following censee may add, change or replace requirements. This notification must transmitters or antenna facilities with- be filed electronically on Form 312 out prior authorization, provided: through the International Bureau Fil- (i) The added, changed, or replaced ing System (IBFS) in accordance with facilities conform to any applicable re- the applicable provisions of part 1, sub- quirements in § 25.209; part Y of this chapter: (ii) The particulars of operations re- (1) The space station licensee will remain unchanged; locate a Geostationary Satellite Orbit (iii) Frequency coordination is not (GSO) space station to another orbit required; and location that is assigned to that li- (iv) The maximum power and power censee; density delivered into any antenna at (2) The relocated space station li- the earth station site shall not exceed censee will operate with the same tech- the values calculated by subtracting nical parameters as the space station the maximum antenna gain specified in initially assigned to that location, or the license from the maximum author- within the original satellite’s authorized e.i.r.p. and e.i.r.p. density values. ized and/or coordinated parameters; (3) Authorized VSAT earth station (3) The space station licensee cer- operators may add VSAT remote ter- tifies that it will comply with all the minals without prior authorization, conditions of its original license and provided that they have complied with all applicable rules after the reloca- all applicable frequency coordination tion; procedures in accordance with § 25.251. (4) The space station licensee cer- (4) A licensee providing service on a tifies that it will comply with all appli- private carrier basis may change its cable coordination agreements at the operations to common carrier status newly occupied orbital location; without obtaining prior Commission (5) The space station licensee cer- authorization. The licensee must notifies that it has completed any nec- tify the Commission using Form 312 essary coordination of its space station within 30 days after the completed at the new location with other poten- change to common carrier status. tially affected space station operators, (5) Earth station operators may including coordination of station-keep- change their points of communication ing volume. without prior authorization, provided (6) The space station licensee cer- that the change results from a space tifies that it will limit operations of station license modification described the space station to Tracking, Telem- in paragraph (e) of this section, and the etry, and Control (TT&C) functions earth station operator does not repoint during the relocation and satellite drift its antenna. Otherwise, any modifica- transition period; and tion of an earth station license to add (7) The space station licensee cer- or change a point of communication tifies that the relocation of the space will be considered under § 25.117. station does not result in a lapse of (b) Earth station license modifications, service for any current customer. notification not required. Notwith- (8) A DBS space station licensee must standing paragraph (a)(2) of this sec- certify that there will be no increase in tion, equipment in an authorized earth interference due to the operations of station may be replaced without prior the relocated space station that would authorization and without notifying require the Commission to submit a the Commission if the new equipment proposed modification to the ITU Ap- is electrically identical to the existing pendix 30 Broadcasting-Satellite Serv- equipment. ice (‘‘BSS’’) Plan and/or the Appendix (c)–(d) [Reserved] 30A feeder link Plan to the ITU (e) Relocation of GSO space stations. A Radiocommunication Bureau. space station operator may modify its (9) For DBS licensees, the space sta- license without prior authorization, tion licensee must certify that it will

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

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the intent to construct a satellite sys- has not been placed on public notice, tem. and the applicant plans to file a re- [56 FR 24016, May 20, 1991; 56 FR 29757, June quest for regular authority for the 20, 1991. Redesignated and amended at 62 FR service. 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, (4) The Commission may grant a tem- 2003; 69 FR 29901, May 26, 2004; 78 FR 8421, porary authorization for a period not Feb. 6, 2013; 79 FR 51264, Aug. 28, 2014] to exceed 30 days, if the STA request has not been placed on public notice, § 25.120 Application for special temporary authorization. and an application for regular authority is not contemplated. (a) In circumstances requiring imme- (c) Each application proposing con- diate or temporary use of facilities, re- struction of one or more earth station quest may be made for special tem- antennas or alteration of the overall porary authority to install and/or oper- height of one or more existing earth ate new or modified equipment. The request must contain the full particulars station antenna structures, where FAA of the proposed operation including all notification prior to such construction facts sufficient to justify the tem- or alteration is required by part 17 of porary authority sought and the public this chapter, must include the FCC An- interest therein. No request for tem- tenna Structure Registration Num- porary authority will be considered un- ber(s) for the affected satellite earth less it is received by the Commission at station antenna(s). If no such number least 3 working days prior to the date has been assigned at the time the ap- of proposed construction or operation plication(s) is filed, the applicant must or, where an extension is sought, the state in the application whether the expiration date of the existing tem- satellite earth station antenna owner porary authorization. A request re- has notified the FAA of the proposed ceived within less than 3 working days construction or alteration and applied may be accepted only upon due show- to the FCC for an Antenna Structure ing of extraordinary reasons for the Registration Number in accordance delay in submitting the request which with part 17 of this chapter. Applica- could not have been earlier foreseen by tions proposing construction of one or the applicant. A copy of the request for more earth station antennas or alter- special temporary authority also shall ation of the overall height of one or be forwarded to the Commission’s Co- more existing earth station antennas, lumbia Operations Center, 9200 Farm where FAA notification prior to such House Lane, Columbia, MD 21046–1609. construction or alteration is not re- (b)(1) The Commission may grant a quired by part 17 of this chapter, must temporary authorization only upon a indicate such and, unless the satellite finding that there are extraordinary earth station antenna is 6.10 meters or circumstances requiring temporary op- less above ground level (AGL), must erations in the public interest and that contain a statement explaining why delay in the institution of these tem- FAA notification is not required. porary operations would seriously prejudice the public interest. Convenience [56 FR 24016, May 28, 1991, as amended at 61 to the applicant, such as marketing FR 4367, Feb. 6, 1996. Redesignated and considerations or meeting scheduled amended at 62 FR 5928, 5929, Feb. 10, 1997; 66 customer in-service dates, will not be FR 9973, Feb. 13, 2001; 68 FR 51503, Aug. 27, deemed sufficient for this purpose. 2003] (2) The Commission may grant a tem- § 25.121 License term and renewals. porary authorization for a period not to exceed 180 days, with additional pe- (a) License Term. (1) Except for li- riods not exceeding 180 days, if the censes for DBS space stations, SDARS Commission has placed the special space stations and terrestrial repeat- temporary authority (STA) request on ers, and 17/24 GHz BSS space stations public notice. licensed as broadcast facilities, 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.

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(2) Licenses for DBS space stations to the end of the twelfth year of the ex- and 17/24 GHz BSS space stations li- isting license term. censed as broadcast facilities, and for [56 FR 24016, May 28, 1991, as amended at 58 SDARS space stations and terrestrial FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, repeaters, will be issued for a period of 1994. Redesignated and amended at 62 FR 8 years. Licenses for DBS space sta- 5928, 5929, Feb. 10, 1997; 65 FR 59142, Oct. 4, tions not licensed as broadcast facili- 2000; 67 FR 12485, Mar. 19, 2002; 67 FR 51113, ties will be issued for a period of 10 Aug. 7, 2002; 68 FR 51503, Aug. 27, 2003; 68 FR years. 63999, Nov. 12, 2003; 72 FR 50027, Aug. 29, 2007; 75 FR 45067, Aug. 2, 2010; 79 FR 8317, Feb. 12, (b) The Commission reserves the 2014] right to grant or renew station licenses for less than 15 years if, in its judg- § 25.129 Equipment authorization for ment, the public interest, convenience portable earth-station transceivers. and necessity will be served by such ac- (a) Except as expressly permitted by tion. § 2.803 or § 2.1204 of this chapter, prior (c) For earth stations, the license authorization must be obtained pursu- term will be specified in the instru- ant to the equipment certification pro- ment of authorization. cedure in part 2, Subpart J of this (d) Space stations. (1) For geo- chapter for importation, sale or lease stationary-orbit space stations, the li- in the United States, or offer, ship- cense term will begin at 3 a.m. Eastern ment, or distribution for sale or lease Time on the date when the licensee no- in the United States of portable earth- tifies the Commission pursuant to station transceivers subject to regula- § 25.173(b) that the space station has tion under part 25. This requirement been successfully placed into orbit at does not apply, however, to devices im- its assigned orbital location and that ported, sold, leased, or offered, shipped, its operations conform to the terms or distributed for sale or lease before and conditions of the space station au- November 20, 2004. thorization. (b) For purposes of this section, an (2) For non-geostationary orbit space earth-station transceiver is portable if stations, the license period will begin it is a ‘‘portable device’’ as defined in at 3 a.m. Eastern Time on the date § 2.1093(b) of this chapter, i.e., if its ra- when the licensee notifies the Commis- diating structure(s) would be within 20 sion pursuant to § 25.173(b) that oper- centimeters of the operator’s body ation of an initial space station is com- when the transceiver is in operation. pliant with the license terms and con- (c) In addition to the information re- ditions and that the space station has quired by §§ 1.1307(b) and 2.1033(c) of this chapter, applicants for certifi- been placed in its authorized orbit. Op- cation required by this section must erating authority for all space stations submit any test data necessary to dem- subsequently brought into service pur- onstrate compliance with pertinent suant to the license will terminate performance standards in §§ 25.138, upon its expiration. 25.202(f), 25.204, 25.209, and 25.216, must (e) Renewal of licenses. Applications submit the statements required by for renewals of earth station licenses § 2.1093(c) of this chapter, and must must be submitted on FCC Form 312R demonstrate compliance with the la- no earlier than 90 days, and no later beling requirement in § 25.285(b). than 30 days, before the expiration date (d) Applicants for certification re- of the license. Applications for space quired by this section must submit evi- station system replacement authoriza- dence that the devices in question are tion for non-geostationary orbit sat- designed for use with a satellite system ellites shall be filed no earlier than 90 that may lawfully provide service to days, and no later than 30 days, prior users in the United States pursuant to an FCC license or order reserving spectrum. [69 FR 5709, Feb. 6, 2004, as amended at 79 FR 8317, Feb. 12, 2014]

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EARTH STATIONS the 1.6/2.4 GHz Mobile-Satellite Service shall demonstrate that user trans- § 25.130 Filing requirements for transceiver operations comply with the re- mitting earth stations. quirements set forth in § 25.213. (a) Applications for a new or modi- (c) In those cases where an applicant fied transmitting earth station facility is filing a number of essentially similar shall be submitted on FCC Form 312, applications, showings of a general na- and associated Schedule B, accom- ture applicable to all of the proposed panied by any required exhibits, except stations may be submitted in the ini- for those earth station applications tial application and incorporated by filed on FCC Form 312EZ pursuant to reference in subsequent applications. § 25.115(a). All such earth station license applications must be filed elec- (d) Transmissions of signals or pro- tronically through the International gramming to non-U.S. licensed sat- Bureau Filing System (IBFS) in ac- ellites, and to and/or from foreign cordance with the applicable provisions points by means of U.S.-licensed fixed of part 1, subpart Y of this chapter. Ad- satellites may be subject to restric- ditional filing requirements for Earth tions as a result of international agree- Stations on Vessels are described in ments or treaties. The Commission will §§ 25.221 and 25.222. Additional filing re- maintain public information on the quirements for Vehicle-Mounted Earth status of any such agreements. Stations are described in § 25.226. Addi- (e) [Reserved] tional filing requirements for Earth (f) Applicants seeking to operate in a Stations Aboard Aircraft are described shared government/non-government in § 25.227. In addition, applicants that band must provide the half-power beam are not required to submit applications width of their proposed earth station on Form 312EZ, other than ESV, VMES antenna, as an attachment to their ap- or ESAA applicants, must submit the plications. following information to be used as an (g) Parties may apply for a single ‘‘informative’’ in the public notice FSS earth station license under one issued under § 25.151 as an attachment call sign covering operation of multiple to their application: transmitting antennas not eligible for (1) A detailed description of the service to be provided, including frequency blanket licensing under another sec- bands and satellites to be used. The ap- tion of this part, in the following cir- plicant must identify either the spe- cumstances: cific satellite(s) with which it plans to (1) The antennas would transmit in operate, or the eastern and western frequency bands shared with terrestrial boundaries of the arc it plans to coordi- services on a co-primary basis and the nate. antennas would be sited within an area (2) The diameter or equivalent di- bounded by 1 second of latitude and 1 ameter of the antenna. second of longitude. (3) Proposed power and power density (2) The antennas would transmit in levels. frequency bands allocated to FSS on a (4) Identification of any random ac- primary basis and there is no co-pri- cess technique, if applicable. mary allocation for terrestrial serv- (5) Identification of a specific rule or ices, and the antennas would be sited rules for which a waiver is requested. within an area bounded by 10 seconds (b) A frequency coordination analysis of latitude and 10 seconds of longitude. in accordance with § 25.203 shall be provided for earth stations transmitting NOTE TO PARAGRAPH (g): This paragraph in the frequency bands shared with does not apply to applications filed pursuant equal rights between terrestrial and to § 25.134, § 25.138, § 25.221, § 25.222, § 25.226, or space services, except that applications § 25.227 or to applications for 29 GHz NGSO for user transceiver units associated with the NVNG mobile-satellite service shall instead provide the information required by § 25.135 and applications for user transceiver units associated with

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MSS feeder link stations in a complex as de- thorized in accordance with § 1.45 of fined in § 25.257. this chapter. [56 FR 24016, May 28, 1991, as amended at 58 (f) The registration of a receive-only FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, earth station results in the listing of 1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar. an authorized frequency band at the lo- 12, 1996; 62 FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 69 FR 29901, May 26, 2004; 69 FR cation specified in the registration. In- 47795, Aug. 6, 2004; 70 FR 4783, Jan. 31, 2005; 70 terference protection levels are those FR 32253, June 2, 2005; 74 FR 57098, Nov. 4, agreed to during coordination. 2009; 78 FR 14926, Mar. 8, 2013; 79 FR 8317, Feb. (g) Reception of signals or program- 12, 2014] ming from non-U.S. satellites may be subject to restrictions as a result of § 25.131 Filing requirements and registration for receive-only earth sta- international agreements or treaties. tions. The Commission will maintain public (a) Except as provided in paragraphs information on the status of any such (b) and (j) of this section, applications agreements. for licenses for receive-only earth sta- (h) Registration term: Registrations tions shall be submitted on FCC Form for receive-only earth stations gov- 312, Main Form and Schedule B, accom- erned by this section will be issued for panied by any required exhibits and the a period of 15 years from the date on information described in § 25.130(a)(1) which the application was filed. Appli- through (a)(5). Such applications must cations for renewals of registrations be filed electronically through the must be submitted on FCC Form 312R International Bureau Filing System (Application for Renewal of Radio Sta- (IBFS) in accordance with the application License in Specified Services) no ble provisions of part 1, subpart Y of earlier than 90 days and no later than this chapter. 30 days before the expiration date of (b) Receive-only earth stations in the the registration. Fixed-Satellite Service that operate (i) Applications for modification of with U.S.-licensed satellites, or that license or registration of receive-only operate with non-U.S.-licensed sat- earth stations shall be made in con- ellites on the Permitted Space Station formance with §§ 25.117 and 25.118. In ad- List in accordance with paragraph (j) dition, registrants are required to no- of this section, may be registered with the Commission in order to protect tify the Commission when a receive- them from interference from terres- only earth station is no longer oper- trial microwave stations in bands ational or when it has not been used to shared co-equally with the Fixed Serv- provide any service during any 6-month ice in accordance with the procedures period. of §§ 25.203 and 25.251, subject to the (j)(1) Except as set forth in paragraph stricture in § 25.209(e). (j)(2) of this section, receive-only earth (c) Licensing or registration of re- stations operating with non-U.S. li- ceive-only earth stations with the censed space stations shall file an FCC Commission confers no authority to re- Form 312 requesting a license or modi- ceive and use signals or programming fication to operate such station. received from satellites. See section 705 (2) Operators of receive-only earth of the Communications Act. 47 U.S.C. stations used to receive transmissions 605. from non-U.S.-licensed space stations (d) Applications for registration must on the Permitted Space Station List be filed on FCC Form 312, Main Form need not file for licenses, provided that and Schedule B, accompanied by the the space station operator and earth coordination exhibit required by § 25.203 station operator comply with all appli- and any other required exhibits. cable rules in this chapter and with the (e) Complete applications for registration will be placed on public notice for 30 days and automatically granted if no objection is submitted to the Commission and served on the applicant. Additional pleadings are au-

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applicable conditions in the Permitted tennas or in two orthogonal cuts for Space Station List. circularly-polarized antennas, plus and [56 FR 24016, May 28, 1991, as amended at 61 minus 9 degrees from beam peak. FR 9952, Mar. 12, 1996; 62 FR 5929, Feb. 10, (iii) Main beam gain. 1997; 62 FR 64172, Dec. 4, 1997; 65 FR 58466, (2) The FCC envelope specified in Sept. 29, 2000; 67 FR 12485, Mar. 19, 2002; 68 FR § 25.209 shall be superimposed on each 62249, Nov. 3, 2003; 68 FR 63999, Nov. 12, 2003; pattern. The minimum tests specified 69 FR 29901, May 26, 2004; 69 FR 47795, Aug. 6, above are recognized as representative 2004; 70 FR 32253, June 2, 2005; 78 FR 8421, Feb. 6, 2013; 79 FR 8318, Feb. 12, 2014] of the performance of the antenna in most planes although some increase in § 25.132 Verification of earth station sidelobe levels should be expected in antenna performance standards. the spar planes and orthogonal spar (a)(1) Except for applications for 20/30 planes. GHz earth stations and applications (3) Except as provided in paragraph subject to the requirement in para- (d) of this section, applicants seeking graph (b)(3) of this section, applica- authority to operate a Fixed-Satellite tions for transmitting earth stations in Service earth station pursuant to the the Fixed-Satellite Service, including requirements in § 25.218, § 25.220, § 25.221, feeder-link stations, must include cer- § 25.222, § 25.223, § 25.226, or § 25.227 must tification that the applicant has re- submit a copy of the manufacturer’s viewed the results of a series of radi- range test plots of the antenna gain ation pattern tests performed by the patterns specified in paragraph (b)(1) of antenna manufacturer on representa- this section. tive equipment in representative con- (c) The tests specified in paragraph figurations, and the test results dem- (b) of this section are normally per- onstrate that the equipment meets the formed at the manufacturer’s facility; off-axis gain standards in § 25.209, meas- but for those antennas that are very ured in accordance with paragraph large and only assembled on-site, on- (b)(1) of this section. The licensee must site measurements may be used for be prepared to submit the radiation product qualification data. If on-site pattern measurements to the Commis- data is to be used for qualification, the sion on request. test frequencies and number of pat- (2) Applications for transmitting terns should follow, where possible, the GSO FSS earth stations operating in recommendations in paragraph (b) of the 20/30 GHz band must include the an- this section, and the test data is to be tenna measurements specified in submitted in the same manner as de- § 25.138(d) and (e). Applications for scribed in paragraph (a) of this section. transmitting NGSO FSS earth stations (d) For each new or modified trans- operating in the 20/30 GHz band must mitting antenna over 3 meters in di- include the antenna measurements specified in § 25.138(d). ameter, except antennas subject to (b)(1) For purposes of paragraph (a)(1) measurement under § 25.138(d), the fol- of this section, the following measure- lowing on-site verification measurements on a production antenna per- ments must be completed at one fre- formed on calibrated antenna range, as quency on an available transponder in a minimum, must be made at the bot- each frequency band of interest and tom, middle and top of each allocated submitted to the Commission. frequency band: (1) Co-polarized patterns in the ele- (i) Co-polarized patterns in the E- vation plane, plus and minus 7 degrees, and H-planes for linear-polarized an- in the transmit band. tennas or in two orthogonal cuts for (2) Co-polarized patterns in the azi- circularly-polarized antennas: muth and elevation planes, plus and (A) In the azimuth plane, plus and minus 7 degrees, in the receive band. minus 7 degrees and plus and minus 180 (3) System cross-polarization discrimina- degrees from beam peak. tion on-axis. The FCC envelope specified (B) In the elevation plane, 0 to 45 de- in § 25.209 shall be superimposed on grees from beam peak. each pattern. The transmit patterns (ii) Cross-polarization patterns in the are to be measured with the aid of a co- E- and H-planes for linear-polarized an- operating earth station in coordination

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with the satellite system control cen- may be determined by the Commission ter under the provisions of § 25.272. for any particular application. (e) Certification that the tests re- (b)(1) Each initial license for a trans- quired by paragraph (c) of this section mitting earth station or modified li- have been satisfactorily performed cense authorizing operation of an addi- shall be provided to the Commission in tional transmitting antenna, except for notification that construction of the blanket licenses, will also specify as a facilities has been completed as re- condition therein that upon completion quired by § 25.133. of construction, the licensee must file (f) Antennas less than 3 meters in di- with the Commission a certification ameter and antennas on simple (man- containing the following information: ual) drive mounts that are operated at (i) The name of the licensee; a fixed site are exempt from the re- (ii) File number of the application; quirements of paragraphs (c) and (d) of (iii) Call sign of the antenna; this section provided that a detailed (iv) Date of the license; technical showing is made that con- firms proper installation, pointing pro- (v) A certification that the facility as cedures, and polarization alignment authorized has been completed and and manufacturing quality control. that each antenna has been tested and These showing must also include a plan found to perform within 2 dB of the ap- for periodic testing and field installa- plicable pattern specified in § 25.209 or tion procedures and precautions. other authorized pattern; (g) Records of the results of the tests (vi) The date on which the earth sta- required by this section must be main- tion became operational; and tained at the antenna site or the earth (vii) A statement that the station station operator’s control center and will remain operational during the li- be available for inspection. cense period unless the license is submitted for cancellation. [58 FR 13419, Mar. 11, 1993, as amended at 69 FR 5710, Feb. 6, 2004; 70 FR 32253, June 2, 2005; (2) For earth stations authorized 72 FR 50028, Aug. 29, 2007; 74 FR 47102, Sept. under any blanket licensing provision 15, 2009; 74 FR 57098, Nov. 4, 2009; 78 FR 14926, in this chapter, a certification con- Mar. 8, 2013; 79 FR 8318, Feb. 12, 2014] taining the information in paragraph (b)(1) of this section must be filed when § 25.133 Period of construction; certifi- the network is put into operation. cation of commencement of oper- (c) If the facility does not meet the ation. technical parameters set forth in (a)(1) Each initial license for an earth § 25.209, a request for a waiver must be station governed by this part, except submitted and approved by the Com- for blanket licenses, will specify as a mission before operations may com- condition therein the period in which mence. construction of facilities must be com- (d) Each receiving earth station li- pleted and station operation com- censed or registered pursuant to § 25.131 menced. Construction of the earth sta- must be constructed and placed into tion must be completed and the station service within 6 months after coordina- must be brought into operation within tion has been completed. Each licensee 12 months from the date of the license grant except as may be determined by or registrant must file with the Com- the Commission for any particular ap- mission a certification that the facility plication. is completed and operating as provided (2) Each initial blanket license for in paragraph (b) of this section, with multiple earth stations at unspecified the exception of certification of an- locations will specify as a condition tenna patterns. therein the period in which station op- [56 FR 24016, May 28, 1991, as amended at 58 eration must be commenced. The net- FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, works in which the mobile earth sta- 1994; 65 FR 59142, Oct. 4, 2000; 70 FR 32254, tions will be operated must be brought June 2, 2005; 78 FR 8421, Feb. 6, 2013; 79 FR into operation within 12 months from 8318, Feb. 12, 2014] the date of the license grant except as

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§ 25.134 Licensing provisions for Very (2) The maximum transmitter power Small Aperture Terminal (VSAT) spectral density of a digital modulated and C-band Small Aperture Ter- carrier into any GSO FSS earth station minal (CSAT) networks. antenna does not exceed ¥14.0 ¥ (a)(1) [Reserved] 10log(N) dB(W/4 kHz). For a VSAT net- (2) Large Networks of Small Antennas work using a frequency division mul- operating in the 4/6 GHz frequency bands. tiple access (FDMA) or a time division All applications for digital and/or ana- multiple access (TDMA) technique, N log operations will be routinely proc- is equal to one. For a VSAT network essed provided the network employs using a code division multiple access antennas that are 4.5 meter or larger in (CDMA) technique, N is the maximum diameter, that are consistent with number of co-frequency simultaneously § 25.209, the power levels are consistent transmitting earth stations in the with §§ 25.211(d) and 25.212(d), and fre- same satellite receiving beam. quency coordination has been satisfac- (3) The maximum GSO FSS satellite torily completed. The use of smaller EIRP spectral density of the digital antennas or non-consistent power lev- modulated emission does not exceed 10 els require the filing of an initial lead dB(W/4kHz) for all methods of modula- application (§ 25.115(c)(2)) that includes tion and accessing techniques. all technical analyses required to dem- (4) Any earth station applicant filing onstrate that unacceptable interference will not be caused to any and an application to operate a VSAT net- all affected adjacent satellite operators work in the 12/14 GHz bands and plan- by the operation of the non-conforming ning to use a contention protocol must earth station. certify that its contention protocol (b) VSAT networks operating in the 12/ usage will be reasonable. 14 GHz band. An applicant for a VSAT (5) The maximum transmitter power network authorization proposing to op- spectral density of an analog carrier erate with transmitted power spectral into any GSO FSS earth station an- density and/or antenna input power in tenna does not exceed ¥8.0 dB(W/4kHz) excess of the values specified in para- and the maximum GSO FSS satellite graph (g) of this section must comply EIRP spectral density does not exceed with the requirements in § 25.220. + 17.0 dB(W/4kHz). (c) [Reserved] (h) VSAT operators licensed pursuant (d) An application for VSAT author- to this section are prohibited from ization shall be filed on FCC Form 312, using remote earth stations in their Main Form and Schedule B. networks that are not designed to stop (e) VSAT networks operating in the transmission when synchronization to 12/14 GHz bands may use more than one signals from the target satellite fails. hub earth station, and the hubs may be [56 FR 66001, Dec. 20, 1991, as amended at 62 sited at different locations. FR 5929, Feb. 10, 1997; 66 FR 31560, June 12, (f) 12/14 GHz VSAT operators may use 2001; 70 FR 32254, June 2, 2005; 70 FR 33376, temporary fixed earth stations as hub June 8, 2005; 73 FR 70900, Nov. 24, 2008; 78 FR earth stations or remote earth stations 8421, Feb. 6, 2013; 79 FR 8318, Feb. 12, 2014] in their networks, but must specify, in EFFECTIVE DATE NOTE: At 74 FR 9962, Mar. their license applications, the number 9, 2009, § 25.134 paragraph (g)(4), which con- of temporary fixed earth stations they tains information collection and record- plan to use. keeping requirements, became effective with (g) Applications for VSAT operation approval by the Office of Management and in the 12/14 GHz bands that meet the Budget for a period of three years. following requirements will be routinely processed: § 25.135 Licensing provisions for earth (1) Equivalent antenna diameter is station networks in the non-voice, 1.2 meters or more and the application non-geostationary Mobile-Satellite includes certification of conformance Service. with relevant antenna performance (a) Each applicant for a blanket standards in § 25.209 pursuant to earth station license in the non-voice, § 25.132(a)(1). non-geostationary mobile-satellite

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service shall demonstrate that trans- zation Basic Telecommunications ceiver operations will not cause unac- Agreement. ceptable interference to other author- (b) Any request pursuant to para- ized users of the spectrum, based on ex- graph (a) of this section must be filed isting system information publicly electronically through the Inter- available at the Commission at the national Bureau Filing System and time of filing, and will comply with must include an exhibit providing legal operational conditions placed upon the and technical information for the non- systems with which they are to operate U.S.-licensed space station of the kind in accordance with § 25.142(b). This that § 25.114 would require in a license demonstration shall include a showing application for that space-station, in- as to all the technical parameters, including but not limited to, information cluding duty cycle and power limits, required to complete Schedule S. An under which the individual user applicant may satisfy this requirement transceivers will operate. by cross-referencing a pending applica- (b) [Reserved] tion containing the requisite informa- (c) Transceiver units in this service tion or by citing a prior grant of au- are authorized to communicate with thority to communicate via the space and through U.S.-authorized space sta- station in question in the same fre- tions only. quency bands to provide the same type of service. [58 FR 68059, Dec. 23, 1993, as amended at 69 FR 5710, Feb. 6, 2004; 79 FR 8319, Feb. 12, 2014] (c) A non-U.S.-licensed NGSO-like satellite system seeking to serve the § 25.136 [Reserved] United States can be considered con- temporaneously with other U.S. NGSO- § 25.137 Application requirements for like satellite systems pursuant to earth stations operating with non- § 25.157 and considered before later-filed U.S. licensed space stations. applications of other U.S. satellite sys- (a) Earth station applicants or enti- tem operators, and a non-U.S.-licensed ties filing a ‘‘letter of intent’’ or ‘‘Pe- GSO-like satellite system seeking to tition for Declaratory Ruling’’ request- serve the United States can have its re- ing authority to operate with a non- quest placed in a queue pursuant to U.S. licensed space station to serve the § 25.158 and considered before later-filed United States must attach an exhibit applications of other U.S. satellite sys- with their FCC Form 312 application tem operators, if the non-U.S.-licensed with information demonstrating that satellite system: U.S.-licensed satellite systems have ef- (1) Is in orbit and operating; fective competitive opportunities to (2) Has a license from another admin- provide analogous services in: istration; or (1) The country in which the non-U.S. (3) Has been submitted for coordina- licensed space station is licensed; and tion to the International Tele- (2) All countries in which commu- communication Union. nications with the U.S. earth station (d) Earth station applicants request- will originate or terminate. The appli- ing authority to operate with a non- cant bears the burden of showing that U.S.-licensed space station and non- there are no practical or legal con- U.S.-licensed satellite operators filing straints that limit or prevent access of letters of intent or petitions for declar- the U.S. satellite system in the rel- atory ruling to access the U.S. market evant foreign markets. The exhibit re- must demonstrate that the non-U.S.-li- quired by this paragraph must also in- censed space station has complied with clude a statement of why grant of the all applicable Commission require- application is in the public interest. ments for non-U.S. licensed systems to This paragraph shall not apply with re- operate in the United States, including spect to requests for authority to oper- but not limited to the following: ate using a non-U.S. licensed satellite (1) Milestones; that is licensed by or seeking a license (2) Reporting requirements; from a country that is a member of the (3) Any other applicable service rules; World Trade Organization for services (4) For non-U.S.-licensed satellites covered under the World Trade Organi- that are not in orbit and operating, a

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bond must be posted. This bond must § 25.117(d). In addition, a non-U.S.-li- be in the amount of $5 million for censed satellite operator that has been NGSO satellite systems, or $3 million permitted to serve the United States for GSO satellites, denominated in U.S. pursuant to a Petition for Declaratory dollars, and compliant with the terms Ruling, may modify its U.S. operations of § 25.165 of this chapter. The party under the procedures set forth in posting the bond will be permitted to § 25.118(e). reduce the amount of the bond upon a (g) A non-U.S.-licensed satellite oper- showing that a milestone has been met, ator that has been permitted to serve in accordance with the terms of the United States pursuant to a Peti- § 25.165(d) of this chapter. tion for Declaratory Ruling must no- (5) Non-U.S. licensed GSO-like space tify the Commission if it plans to station operators with a total of five transfer control or assign its license to requests for access to the U.S. market another party, so that the Commission in a particular frequency band, or a can afford interested parties an oppor- total of five previously granted re- tunity to comment on whether the pro- quests for access to the U.S. market posed transaction affects any of the with unbuilt GSO-like space stations in considerations we made when we al- a particular frequency band, or a com- lowed the satellite operator to enter bination of pending GSO-like requests the U.S. market. If the transferee or and granted requests for unbuilt GSO- assignee is not licensed by or seeking a like space stations in a particular fre- license from a country that is a mem- quency band that equals five, will not ber of the World Trade Organization for be permitted to request access to the services covered under the World Trade U.S. market with another GSO-like Organization Basic Telecommuni- space station license in that frequency cations Agreement, the non-U.S.-li- band. In addition, non-U.S.-licensed censed satellite operator will be re- NGSO-like satellite system operators quired to make the showing described with one request on file with the Com- in paragraph (a) of this section. mission in a particular frequency band, or one granted request for an unbuilt [62 FR 64172, Dec. 4, 1997, as amended at 64 NGSO-like satellite system in a par- FR 61792, Nov. 15, 1999; 65 FR 16327, Mar. 28, 2000; 65 FR 59143, Oct. 4, 2000; 68 FR 51503, ticular frequency band, will not be per- Aug. 27, 2003; 68 FR 62249, Nov. 3, 2003; 69 FR mitted to request access to the U.S. 51587, Aug. 20, 2004; 78 FR 8422, Feb. 6, 2013] market with another NGSO-like satellite system in that frequency band. § 25.138 Licensing requirements for (e) A non-U.S.-licensed satellite oper- GSO FSS Earth Stations in the 18.3– ator that is seeking to serve the United 18.8 GHz (space-to-Earth), 19.7–20.2 States pursuant to a Letter of Intent GHz (space-to-Earth), 28.35–28.6 may amend its request by submitting GHz (Earth-to-space), and 29.25–30.0 an additional Letter of Intent. Such GHz (Earth-to-space) bands. additional Letters of Intent will be (a) Applications for earth station li- treated on the same basis as amend- censes in the GSO FSS in the 18.3–18.8 ments filed by U.S. space station appli- GHz, 19.7–20.2 GHz, 28.35–28.6 GHz, and cants for purposes of determining the 29.25–30.0 GHz bands that indicate that order in which the Letters of Intent the following requirements will be met will be considered relative to other and include the information required pending applications. by paragraph (d) of this section will be (f) A non-U.S.-licensed satellite oper- routinely processed: ator that has been permitted to serve (1) GSO FSS earth station antenna the United States pursuant to a Letter off-axis EIRP spectral density for co- of Intent or Petition for Declaratory polarized signals shall not exceed the Ruling, may modify its U.S. operations following values, within ±3° of the GSO under the procedures set forth in arc, under clear sky conditions:

18.5–25log(q)–10log(N) ...... dBW/40kHz ...... for 2.0° ≤q ≤7° ¥2.63–10log(N) ...... dBW/40kHz ...... for 7° ≤q ≤9.23°

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21.5–25log(q)–10log(N) ...... dBW/40kHz ...... for 9.23° ≤q ≤48° ¥10.5–10log(N) ...... dBW/40kHz ...... for 48°

Where: ellite; N = 1 for TDMA and FDMA sys- q is the angle in degrees from the axis of the tems. main lobe; for systems where more than (2) GSO FSS earth station antenna one earth station is expected to transmit off-axis EIRP spectral density for co- simultaneously in the same bandwidth, e.g., CDMA systems, polarized signals shall not exceed the N is the likely maximum number of simulta- following values, for all directions neously transmitting co-frequency earth other than within ±3° of the GSO arc, stations in the receive beam of the sat- under clear sky conditions:

21.5–25log(q)–10log(N) ...... dBW/40kHz ...... for 3.5° ≤q ≤7° 0.37–10log(N) ...... dBW/40kHz ...... for 7°

Where: ceeded by 3 dB, for values of q >10°, pro- q: is the angle in degrees from the axis of the vided that the total angular range over main lobe; for systems where more than which this occurs does not exceed 20° one earth station is expected to transmit when measured along both sides of the simultaneously in the same bandwidth, e.g., CDMA systems. GSO arc. N: is the likely maximum number of simul- (4) GSO FSS earth station antenna taneously transmitting co-frequency off-axis EIRP spectral density for earth stations in the receive beam of the cross-polarized signals shall not exceed satellite; N = 1 for TDMA and FDMA sys- the following values, in all directions tems. relative to the GSO arc, under clear (3) The values given in paragraphs (a) sky conditions: (1) and (2) of this section may be ex-

8.5–25log(q)–10log(N) ...... dBW/40 kHz ...... For ...... 2.0°

where q is the angle in degrees from the axis (a) of this section must certify that op- of the main lobe. For systems where more erators of all co-frequency GSO FSS than one earth station is expected to trans- space stations within 6 degrees of the mit simultaneously in the same bandwidth, e.g., CDMA systems, N is the likely max- proposed satellite point(s) of commu- imum number of simultaneously transmit- nication are aware of the applicant’s ting co-frequency earth stations in the re- proposal to operate with the higher ceive beam of the satellite. N = 1 for TDMA power densities and have stated that and FDMA systems. they have no objection to such oper- (5) [Reserved] ation. (6) Power flux-density (PFD) at the Earth’s surface produced by emissions (c) Licensees authorized pursuant to from a space station for all conditions, paragraph (b) of this section shall bear including clear sky, and for all meth- the burden of coordinating with any fu- ods of modulation shall not exceed a ture applicants or licensees whose pro- level of ¥118 dBW/m2/MHz, in addition posed compliant operations at 6 de- to the limits specified in § 25.208 (d). grees or smaller orbital spacing, as de- (b) An applicant proposing levels in fined by paragraph (a) of this section, excess of those specified in paragraph

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is potentially or actually adversely af- type, antenna performance plots for fected by the operation of the non-com- the 18.3–18.8 GHz and 19.7–20.2 GHz pliant licensee. If no good faith agree- bands in the format prescribed in para- ment can be reached, however, the non- graph (d) of this section. compliant licensee shall reduce its (f) The holder of a blanket license earth station and space station power pursuant to this section will be respon- density levels to be compliant with sible for operation of any transceiver those specified in paragraph (a) of this to receive service provided by that li- section. censee or provided by another party (d)(1) Except as provided in para- with the blanket licensee’s consent. graph (d)(2) of this section, the appli- Space station operators may not trans- cant must provide, for each earth sta- mit communications to or from user tion antenna type, a series of radiation transceivers in the United States in patterns measured on a production an- the 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35– tenna. The measurements must be per- 28.6 GHz, or 29.25–30.0 GHz band unless formed on a calibrated antenna range such communications are authorized and, at a minimum, must be made at under an FCC earth station license. the bottom, middle, and top fre- (g) A licensee applying for renewal of quencies of each requested uplink band. a license issued pursuant to this sec- The radiation patterns are: tion must specify on FCC Form 312R (i) Co-polarized patterns in the E- the number of constructed earth sta- and H-planes for linear-polarized an- tions. tennas or in two orthogonal planes for [65 FR 54169, Sept. 7, 2000, as amended at 66 circularly-polarized antennas: FR 63515, Dec. 7, 2001; 68 FR 16966, Apr. 8, (A) In the azimuth plane, plus and 2003; 69 FR 5710, Feb. 6, 2004; 73 FR 70900, Nov. minus 10 degrees and plus and minus 24, 2008; 79 FR 8319, Feb. 12, 2014] 180 degrees from beam peak. (B) In the elevation plane, 0 to 30 de- § 25.139 NGSO FSS coordination and grees. information sharing between (ii) Cross-polarization patterns in the MVDDS licensees in the 12.2 GHz to E- and H-planes for linear-polarized an- 12.7 GHz band. tennas or in two orthogonal planes for (a) NGSO FSS licensees shall main- circularly-polarized antennas, plus and tain a subscriber database in a format minus 10 degrees from beam peak. that can be readily shared with (iii) Main beam gain. MVDDS licensees for the purpose of de- (2) For antennas more than 3 meters termining compliance with the MVDDS in diameter that will only be assembled transmitting antenna spacing require- on-site, on-site measurements may be ment relating to qualifying existing submitted. If on-site data is to be sub- NGSO FSS subscriber receivers set mitted, the test frequencies and num- forth in § 101.129 of this chapter. This ber of patterns should follow, where information shall not be used for pur- possible, the requirements in para- poses other than set forth in § 101.129 of graph (d)(1) of this section for at least this chapter. Only sufficient informa- one frequency. Certification that the tion to determine compliance with on-site testing has been satisfactorily § 101.129 of this chapter is required. performed must be included with the (b) Within ten business days of re- certification filed pursuant to ceiving notification of the location of a § 25.133(b). proposed MVDDS transmitting an- (e) Protection of downlink reception tenna, the NGSO FSS licensee shall from adjacent satellite interference is provide sufficient information from the based on either the antenna perform- database to enable the MVDDS licensee ance specified in § 25.209 (a) and (b), or to determine whether the proposed the actual receiving earth station an- MVDDS transmitting site meets the tenna performance, if actual perform- minimum spacing requirement. ance provides greater isolation from (c) If the location of the proposed adjacent satellite interference. For MVDDS transmitting antenna site does purposes of ensuring the correct level not meet the separation requirements of protection, the applicant must proof § 101.129 of this chapter, then the vide, for each earth station antenna NGSO FSS licensee shall also indicate

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to the MVDDS licensee within the of the Report and Order adopted May 2, same ten day period specified in para- 2007, IB Docket No. 06–123, FCC 07–76, graph (b) of this section whether the must provide an interference analysis proposed MVDDS transmitting site is of the kind described in paragraph (a) acceptable at the proposed location. of this section, except that the appli- (d) Nothing in this section shall pre- cant must demonstrate the compat- clude NGSO FSS and MVDDS licensees ibility of its proposed network with from entering into an agreement to ac- any current or future authorized space cept MVDDS transmitting antenna lo- station in the 17/24 GHz BSS that com- cations that are shorter-spaced from plies with the technical rules in this existing NGSO FSS subscriber receiv- part and that will be located at least ers than the distance set forth in four degrees from the proposed space § 101.129 of this chapter. station. (4) Except as described in paragraph [67 FR 43037, June 26, 2002, as amended at 68 FR 43945, July 25, 2003] (b)(5) of this section, an applicant for a license to operate a 17/24 GHz BSS SPACE STATIONS space station that will not be located precisely at one of the nominal 17/24 § 25.140 Further requirements for li- GHz BSS orbital locations specified in cense applications for geostationary Appendix F of the Report and Order space stations in the Fixed-Satellite adopted May 2, 2007, IB Docket No. 06– Service and the 17/24 GHz Broad- 123, FCC 07–76, must make one of the casting-Satellite Service. following showings: (a) In addition to the information re- (i) In cases where there is no pre- quired by § 25.114, applicants for geo- viously licensed or proposed space sta- stationary-orbit FSS space stations tion to be located closer than four de- must provide an interference analysis grees from the applicant’s space sta- to demonstrate the compatibility of tion, and the applicant seeks to oper- their proposed system with respect to ate pursuant to § 25.262(b) of this part, authorized space stations within 2 de- the applicant must provide an inter- grees of any proposed satellite point of ference analysis of the kind described communication. An applicant should in paragraph (a) of this section, except provide details of its proposed radio that the applicant must demonstrate frequency carriers which it believes the compatibility of its proposed net- should be taken into account in this work with any current or future au- analysis. At a minimum, the applicant thorized space stations in the 17/24 GHz must include, for each type of radio BSS that are operating in compliance frequency carrier, the link noise budg- with the technical rules of this part et, modulation parameters, and overall and that will be located at least four link performance analysis. (See Appen- degrees from the applicant’s proposed dices B and C to Licensing of Space space station; Stations in the Domestic Fixed-Sat- (ii) In cases where there is a pre- ellite Service, FCC 83–184, and the fol- viously licensed or proposed 17/24 GHz lowing public notices, copies of which BSS space station to be located within are available in the Commission’s four degrees of the applicant’s proposed EDOCS database: DA 03–3863 and DA space station, the applicant must pro- 04–1708.) vide an interference analysis of the (b) Each applicant for a license for a kind described in paragraph (a) of this 17/24 GHz Broadcasting-Satellite Serv- section, except that the applicant must ice space station must provide the fol- demonstrate that its proposed network lowing information, in addition to that will not cause more interference to the required by § 25.114: adjacent 17/24 GHz BSS satellite net- (1)–(2) [Reserved] works operating in compliance with (3) Except as described in paragraph the technical requirements of this part, (b)(5) of this section, an applicant for a than if the applicant were located at license to operate a 17/24 GHz BSS the precise Appendix F orbital location space station that will be located pre- from which it seeks to offset; cisely at one of the 17/24 GHz BSS or- (iii) In cases where there is no pre- bital locations specified in Appendix F viously licensed or proposed 17/24 GHz

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BSS space station to be located within all satellite network operators using four degrees of the applicant’s proposed 17/24 GHz BSS space stations must de- space station, and the applicant does sign their satellite networks to be ca- not seek to operate pursuant to pable of operating with another 17/24 § 25.262(b) of this part, the applicant GHz BSS space station as close as four must provide an interference analysis degrees away. of the kind described in paragraph (a) (2) Satellite network operators lo- of this section, except that the appli- cated less than four degrees away from cant must demonstrate that its pro- a space station to be operated pursuant posed operations will not cause more to § 25.262(b) of this part must design interference to any current or future their satellite networks to be capable 17/24 GHz BSS satellite networks oper- of operating with that adjacent 17/24 ating in compliance with the technical requirements of this part, than if the GHz BSS space station. applicant were located at the precise (3) Satellite network operators using Appendix F orbital location from which 17/24 GHz BSS space stations located at it seeks to offset. an orbital location other than those (5) An applicant for a license to oper- specified in Appendix F of the Report ate a 17/24 GHz BSS space station, in and Order adopted May 2, 2007, IB cases where there is a previously li- Docket No. 06–123, FCC 07–76, and that censed or proposed space station oper- are not operating pursuant to § 25.262(b) ating pursuant to § 25.262(b) of this part of this part, must design their satellite located within four degrees of the ap- networks to be capable of operating plicant’s proposed 17/24 GHz BSS space with another 17/24 GHz BSS space sta- station, must provide an interference tion closer than four degrees away, as analysis of the kind described in para- a result of the operator’s offset posi- graph (a) of this section, except that tion. the applicant must demonstrate that (d)–(g) [Reserved] its proposed operations will not cause more interference to the adjacent 17/24 [62 FR 5929, Feb. 10, 1997, as amended at 68 GHz BSS satellite network than if the FR 51504, Aug. 27, 2003; 72 FR 50028, Aug. 29, adjacent space station were located 2007; 72 FR 60279, Oct. 24, 2007; 78 FR 8422, four degrees from the applicant’s space Feb. 6, 2013; 79 FR 8319, Feb. 12, 2014; 79 FR station. 44312, July 31, 2014] (6) In addition to the requirements of EFFECTIVE DATE NOTE: At 79 FR 44312, July paragraphs (b)(3), (b)(4), and (b)(5) of 31, 2014, the amendatory instruction at 79 FR this section, the link budget for any 8319, Feb. 12, 2014 was corrected by adding satellite in the 17/24 GHz BSS must ‘‘revise paragraph (b) introductory text’’. take into account longitudinal This text contains information collection stationkeeping tolerances and, where and recordkeeping requirements and will not appropriate, any existing orbital loca- become effective until approval has been given by the Office of Management and tion offsets from the 17/24 GHz BSS or- Budget. bital locations of the adjacent prior- authorized 17/24 GHz BSS space sta- § 25.142 Licensing provisions for the tions. In addition, any 17/24 GHz BSS non-voice, non-geostationary Mo- satellite applicant that has reached a bile-Satellite Service. coordination agreement with an operator of another 17/24 GHz BSS satellite (a) Space station application require- to allow that operator to exceed the ments. (1) Each application for a space pfd levels specified in the rules for this station system authorization in the service, must use those higher pfd lev- non-voice, non-geostationary mobile- els for the purposes of this showing. satellite service shall describe in detail (c) Operators of satellite networks the proposed non-voice, non-geo- using 17/24 GHz BSS space stations stationary mobile-satellite system, must design their satellite networks to setting forth all pertinent technical be capable of operating with another and operational aspects of the system, 17/24 GHz BSS space station as follows: and the technical and legal qualifica- (1) Except as described in paragraphs tions of the applicant. In particular, (b)(4)(ii) and (b)(4)(iii) of this section,

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each application shall include the in- ellites within the term of the system formation specified in § 25.114. Appli- authorization. However, the licensee cants must also file information dem- shall certify to the Commission, at onstrating compliance with all require- least thirty days prior to launch of ments of this section, and showing, such replacement(s) that: based on existing system information (i) The licensee intends to launch a publicly available at the Commission space station that is technically iden- at the time of filing, that they will not tical to those authorized in its system cause unacceptable interference to any license, and non-voice, non-geostationary mobile- (ii) Launch of this space station will satellite service system authorized to not cause the licensee to exceed the construct or operate. total number of operating space sta- (2) Applicants for a non-voice, non- tions authorized by the Commission. geostationary Mobile-Satellite Service space station license must identify the (b) Operating conditions. In order to power flux density produced at the ensure compatible operations with au- Earth’s surface by each space station thorized users in the frequency bands of their system in the 137–138 MHz and to be utilized for operations in the non- 400.15–401 MHz bands, to allow deter- voice, non-geostationary mobile-sat- mination of whether coordination with ellite service, non-voice, non-geo- terrestrial services is required under stationary mobile-satellite service sys- any applicable footnote to the Table of tems must operate in accordance with Frequency Allocations in § 2.106 of this the conditions specified in this section. chapter. In addition, applicants must (1) Service limitation. Voice services identify the measures they would em- may not be provided. ploy to protect the radio astronomy (2) Coordination requirements with service in the 150.05–153 MHz and 406.1– Federal government users. 410 MHz bands from harmful inter- (i) The frequency bands allocated for ference from unwanted emissions. use by the non-voice, non-geo- (3) Emission limitations. (i) Appli- stationary mobile-satellite service are cants in the non-voice, non-geo- also authorized for use by agencies of stationary mobile-satellite service the Federal government. The Federal shall show that their space stations use of frequencies in the non-voice, will not exceed the emission limita- non-geostationary mobile-satellite tions of § 25.202(f) (1), (2) and (3), as cal- service frequency bands is under the culated for a fixed point on the Earth’s regulatory jurisdiction of the National surface in the plane of the space sta- Telecommunications and Information tion’s orbit, considering the worst-case Administration (NTIA). frequency tolerance of all frequency determining components, and max- (ii) The Commission will use its ex- imum positive and negative Doppler isting procedures for liaison with NTIA shift of both the uplink and downlink to reach agreement with respect to signals, taking into account the sys- achieving compatible operations be- tem design. tween Federal Government users under (ii) Applicants in the non-voice, non- the jurisdiction of NTIA and non-voice, geostationary mobile-satellite service non-geostationary Mobile-Satellite shall show that no signal received by Service systems (including user their satellites from sources outside of transceivers subject to blanket licens- their system shall be retransmitted ing under § 25.115(d)) through the fre- with a power flux density level, in the quency assignment and coordination worst 4 kHz, higher than the level de- practices established by NTIA and the scribed by the applicants in paragraph Interdepartment Radio Advisory Com- (a)(2) of this section. mittee (IRAC). In order to facilitate (4) [Reserved] such frequency assignment and coordi- (5) Replacement of space stations nation, applicants shall provide the within the system license term. The li- Commission with sufficient informa- censee need not file separate application to evaluate electromagnetic com- tions to construct, launch and operate patibility with the Federal government technically identical replacement sat- use of the spectrum, and any additional

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information requested by the Commis- and prohibit a charge for the trans- sion. As part of the coordination proc- mission of maritime distress calls and ess, applicants shall show that they related traffic. will not cause unacceptable inter- (c) [Reserved] ference to authorized Federal govern- (d) Prohibition of certain agreements. ment users, based upon existing system No license shall be granted to any ap- information provided by the Govern- plicant for a non-voice, non-geo- ment. The frequency assignment and stationary mobile-satellite service sys- coordination of the satellite system tem if that applicant, or any compa- with Federal Government users shall nies controlling or controlled by the be completed prior to grant of author- applicant, shall acquire or enjoy any ization. right, for the purpose of handling traf- (iii) The Commission shall also co- fic to or from the United States, its ordinate with NTIA/IRAC with regard territories or possessions, to construct to the frequencies to be shared by those earth stations of non-voice, non- or operate space segment or earth sta- geostationary mobile-satellite service tions in the non-voice, non-geosynchro- systems that are not subject to blanket nous mobile-satellite service, or to licensing under § 25.115(d), and author- interchange traffic, which is denied to ized Federal government stations in any other United States company by the fixed and mobile services, through reason of any concession, contract, un- the exchange of appropriate systems derstanding, or working arrangement information. to which the licensee or any persons or (3) Coordination among non-voice, companies controlling or controlled by non-geostationary mobile-satellite the licensee are parties. service systems. Applicants for author- [58 FR 68060, Dec. 23, 1993, as amended at 62 ity to establish non-voice, non-geo- FR 5930, Feb. 10, 1997; 62 FR 59295, Nov. 3, stationary mobile-satellite service sys- 1997; 68 FR 51504, Aug. 27, 2003; 78 FR 8422, tems are encouraged to coordinate Feb. 6, 2013; 79 FR 8320, Feb. 12, 2014] their proposed frequency usage with existing permittees and licensees in § 25.143 Licensing provisions for the the non-voice, non-geostationary mo- 1.6/2.4 GHz Mobile-Satellite Service bile-satellite service whose facilities and 2 GHz Mobile-Satellite Service. could be affected by the new proposal (a) System license. Applicants author- in terms of frequency interference or ized to construct and launch a system restricted system capacity. All affected of technically identical satellites will applicants, permittees, and licensees be awarded a single ‘‘blanket’’ license. shall, at the direction of the Commis- In the case of non-geostationary sat- sion, cooperate fully and make every ellites, the blanket license will cover a reasonable effort to resolve technical specified number of space stations to problems and conflicts that may in- operate in a specified number of orbital hibit effective and efficient use of the radio spectrum; however, the permittee planes. In the case of geostationary or licensee being coordinated with is satellites, as part of a geostationary- not obligated to suggest changes or re- only satellite system or a geo- engineer an applicant’s proposal in stationary/non-geostationary hybrid cases involving conflicts. satellite system, an individual license (4) Safety and distress communica- will be issued for each satellite to be tions. Stations operating in the non- located at a geostationary orbital loca- voice, non-geostationary mobile-sat- tion. ellite service that are used to comply (b) Qualification Requirements—(1) with any statutory or regulatory General Requirements. Each application equipment carriage requirements may for a space station system authoriza- also be subject to the provisions of section in the 1.6/2.4 GHz Mobile-Satellite tions 321(b) and 359 of the Communica- Service or 2 GHz Mobile-Satellite Serv- tions Act of 1934, as amended. Licens- ice must include the information speci- ees are advised that these provisions fied in § 25.114. Applications for non- give priority to radio communications U.S.-licensed systems must comply or signals relating to ships in distress with the provisions of § 25.137.

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(2) Technical qualifications. In addi- (1) The licensee intends to launch a tion to providing the information spec- space station that is technically iden- ified in paragraph (b)(1) of this section, tical to those authorized in its system each applicant and letter of intent filer authorization, and shall demonstrate the following: (2) Launch of this space station will (i) That a proposed system in the 1.6/ not cause the licensee to exceed the 2.4 GHz MSS frequency bands employs total number of operating space sta- a non-geostationary constellation or tions authorized by the Commission. constellations of satellites; (d)–(e) [Reserved] (ii) That a system proposed to oper- (f) Safety and distress communications. ate using non-geostationary satellites (1) Stations operating in the 1.6/2.4 GHz be capable of providing Mobile-Sat- Mobile-Satellite Service and 2 GHz Mo- ellite Service to all locations as far north as 70° North latitude and as far bile-Satellite Service that are volun- south as 55° South latitude for at least tarily installed on a U.S. ship or are 75% of every 24-hour period, i.e., that used to comply with any statute or at least one satellite will be visible regulatory equipment carriage require- above the horizon at an elevation angle ments may also be subject to the re- of at least 5° for at least 18 hours each quirements of sections 321(b) and 359 of day within the described geographic the Communications Act of 1934. Li- area; censees are advised that these provi- (iii) That a system proposed to oper- sions give priority to radio commu- ate using non-geostationary satellites nications or signals relating to ships in be capable of providing Mobile-Sat- distress and prohibits a charge for the ellite Service on a continuous basis transmission of maritime distress calls throughout the fifty states, Puerto and related traffic. Rico and the U.S. Virgin Islands, i.e., (2) Licensees offering distress and that at least one satellite will be visi- safety services should coordinate with ble above the horizon at an elevation the appropriate search and rescue orga- angle of at least 5° at all times within nizations responsible for the licensees the described geographic areas; and service area. (iv) That a system only using geo- (g) [Reserved] stationary orbit satellites, at a min- (h) Prohibition of certain agree- imum, be capable of providing Mobile- ments. No license shall be granted to Satellite Service on a continuous basis any applicant for a space station in the throughout the 50 states, Puerto Rico, Mobile-Satellite Service operating at and the U.S. Virgin Islands, if tech- 1610–1626.5 MHz/2483.5–2500 MHz if that nically feasible. applicant, or any persons or companies (v) That operations will not cause unacceptable interference to other au- controlling or controlled by the appli- thorized users of the spectrum. In par- cant, shall acquire or enjoy any right, ticular, each application in the 1.6/2.4 for the purpose of handling traffic to or GHz frequency bands shall demonstrate from the United States, its territories that the space station(s) comply with or possession, to construct or operate the requirements specified in § 25.213. space segment or earth stations, or to (3) [Reserved] interchange traffic, which is denied to (c) Replacement of Space Stations With- any other United States company by in the System License Term. Licensees of reason of any concession, contract, un- 1.6/2.4 GHz mobile-satellite systems au- derstanding, or working arrangement thorized through a blanket license pur- to which the Licensee or any persons suant to paragraph (a) of this section or companies controlling or controlled need not file separate applications to by the Licensee are parties. construct, launch and operate tech- [59 FR 53328, Oct. 21, 1994, as amended at 61 nically identical replacement satellites FR 9945, Mar. 12, 1996; 62 FR 5930, Feb. 10, within the term of the system author- 1997; 65 FR 59143, Oct. 4, 2000; 68 FR 33649, ization. However, the licensee shall June 5, 2003; 68 FR 47858, Aug. 12, 2003; 68 FR certify to the Commission, at least 51504, Aug. 27, 2003; 70 FR 59277, Oct. 12, 2005; thirty days prior to launch of such re- 78 FR 8267, Feb. 5, 2013; 78 FR 8422, Feb. 6, placement(s) that: 2013; 79 FR 8320, Feb. 12, 2014]

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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 performed using a signal corresponding [62 FR 11105, Mar. 11, 1997, as amended at 68 to the highest PAPR expected during FR 51504, Aug. 27, 2003; 70 FR 32254, June 2, periods of continuous transmission. 2005; 75 FR 45067, Aug. 2, 2010; 79 FR 8320, Feb. (iii) Any manufacturer of radio trans- 12, 2014] mitting equipment to be used in these services may request equipment au- § 25.145 Licensing provisions for the Fixed-Satellite Service in the 20/30 thorization following the procedures GHz bands. set forth in subpart J of part 2 of this chapter. Equipment authorization for (a) [Reserved] an individual transmitter may be re- (b) System License. Applicants author- quested by an applicant for a station ized to construct and launch a system authorization by following the proce- of technically identical non-geo- dures set forth in part 2 of this chapter. stationary satellite orbit satellites will (8) Applications for blanket author- be awarded a single ‘‘blanket’’ license ity to operate terrestrial repeaters covering a specified number of space must be filed using Form 312, except stations to operate in a specified num- that Schedule B to Form 312 need not ber of orbital planes. be filed. Such applications must also (c) In addition to providing the infor- include the following information as an mation specified in § 25.114, each non- attachment: geostationary satellite orbit applicant (i) The space station(s) with which shall demonstrate the following: the terrestrial repeaters will commu- (1) That the proposed system is capa- nicate, the frequencies and emission ble of providing Fixed-Satellite Service designators of such communications, to all locations as far north as 70° and the frequencies and emission des- North Latitude and as far south as 55° ignators used by the repeaters to re- South Latitude for at least 75% of transmit the received signals. every 24-hour period; and

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(2) That the proposed system is capa- thorized orbit that is technically iden- ble of providing Fixed-Satellite Service tical to those authorized in its system on a continuous basis throughout the authorization and fifty states, Puerto Rico and the U.S. (2) Launch of this space station will Virgin Islands. not cause the license to exceed the (3) [Reserved] total number of operating space sta- (d) [Reserved] tions authorized by the Commission. (e) Prohibition of certain agreements. No license shall be granted to [62 FR 61456, Nov. 18, 1997, as amended at 65 any applicant for a space station in the FR 54171, Sept. 7, 2000; 66 FR 63515, Dec. 7, Fixed-Satellite Service operating in 2001; 67 FR 39310, June 7, 2002; 68 FR 16966, Apr. 8, 2003; 68 FR 51505, Aug. 27, 2003; 68 FR the 20/30 GHz band if that applicant, or 59129, Oct. 14, 2003; 70 FR 59277, Oct. 12, 2005; any persons or companies controlling 78 FR 8423, Feb. 6, 2013; 79 FR 8320, Feb. 12, or controlled by the applicant, shall ac- 2014] quire or enjoy any right, for the purpose of handling traffic to or from the § 25.146 Licensing and operating rules United States, its territories or posses- for the non-geostationary orbit sion, to construct or operate space seg- Fixed-Satellite Service in the 10.7 ment or earth stations, or to inter- GHz-14.5 GHz bands. change traffic, which is denied to any (a) A comprehensive technical show- other United States company by reason ing shall be submitted for the proposed of any concession, contract, under- non-geostationary satellite orbit standing, or working arrangement to Fixed-Satellite Service (NGSO FSS) which the Licensee or any persons or system in the 10.7–14.5 GHz bands. The companies controlling or controlled by technical information shall dem- the Licensee are parties. onstrate that the proposed NGSO FSS (f)(1) [Reserved] system would not exceed the validation (2) Licensees shall submit to the equivalent power flux-density (EPFD) Commission a yearly report indicating limits as specified in § 25.208 (g), (k), the number of earth stations actually and (l) for EPFD , and EPFD . If the brought into service under its blanket down up technical demonstration exceeds the licensing authority. The annual report validation EPFD limits at any test is due to the Commission no later than points within the U.S. for domestic the first day of April of each year and service and at any points outside of the shall indicate the deployment figures U.S. for international service or at any for the preceding calendar year. (g) Protection from interference from points in the geostationary satellite terrestrial operation in the 18.3 to 19.3 orbit, as appropriate, the application GHz band. Fixed-Satellite Service oper- would be unacceptable for filing and ators are entitled to protection from will be returned to the applicant with a harmful interference from terrestrial brief statement identifying the non- stations operating in this frequency compliance technical demonstration. band. See §§ 21.901(e), 74.502(c), 74.602(g), The technical showing consists of the 78.18(a)(4), and 101.147(r) of this chapter. following: (h) Replacement of Space Stations with- (1) Single-entry validation equivalent in the System License Term. Licensees of power flux-density, in the space-to-Earth NGSO FSS systems in the 18.8–19.3 GHz direction, (EPFDdown) limits. (i) Provide a and 28.6–29.1 GHz frequency bands au- set of power flux-density (PFD) masks, thorized through a blanket license pur- on the surface of the Earth, for each suant to paragraph (b) of this section space station in the NGSO FSS system. need not file separate applications to The PFD masks shall be generated in launch and operate technically iden- accordance with the specification stip- tical replacement satellites within the ulated in the most recent version of term of the system authorization. How- ITU–R Recommendation S.1503, ever, the licensee shall certify to the ‘‘Functional Description to be used in Commission, at least thirty days prior Developing Software Tools for Deter- to launch of such replacement(s) that: mining Conformity of Non-GSO FSS (1) The licensee intends to launch a Networks with Limits Contained in Ar- space station into the previously-au- ticle 22 of the Radio Regulations.’’ In

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particular, the PFD masks must en- gardless of the earth station trans- compass the power flux-density radi- mitter power resource allocation and ated by the space station regardless of traffic/beam switching strategy are the satellite transmitter power re- used at different periods of an NGSO source allocation and traffic/beam FSS system’s life. The EIRP masks switching strategy that are used at dif- shall be in an electronic form that can ferent periods of a NGSO FSS system’s be accessed by the computer program life. The PFD masks shall also be in an specified in paragraph (a)(2)(iii) of this electronic form that can be accessed by section. the computer program specified in (ii) Identify and describe in detail the paragraph (a)(1)(iii) of this section. assumptions and conditions used in (ii) Identify and describe in detail the generating the maximum earth station assumptions and conditions used in e.i.r.p. mask. generating the power flux-density (iii) If a computer program that has masks. been approved by the ITU for deter- (iii) If a computer program that has mining compliance with the single- been approved by the ITU for deter- entry EPFDup validation limits is not mining compliance with the single- yet available, the applicant shall pro- entry EPFDdown validation limits is not vide a computer program for the sin- yet available, the applicant shall pro- gle-entry EPFDup validation computa- vide a computer program for the sin- tion, including both the source code gle-entry EPFDdown validation com- and the executable file. This computer putation, including both the source program shall be developed in accord- code and the executable file. This com- ance with the specification stipulated puter program shall be developed in ac- in the most recent version of Rec- cordance with the specification stipu- ommendation ITU–R S.1503. If the ap- lated in the most recent version of Rec- plicant uses the ITU approved soft- ommendation ITU–R S.1503. If the ap- ware, the applicant shall indicate the plicant uses the ITU approved soft- program name and the version used. ware, the applicant shall indicate the (iv) Identify and describe in detail program name and the version used. the necessary input parameters for the (iv) Identify and describe in detail execution of the computer program the necessary input parameters for the identified in paragraph (a)(2)(iii) of this execution of the computer program section. identified in paragraph (a)(1)(iii) of this (v) Provide the result of the execu- section. tion of the computer program described (v) Provide the result, the cumu- in paragraph (a)(2)(iii) of this section lative probability distribution function by using only the input parameters of EPFD, of the execution of the com- contained in paragraphs (a)(2)(i) and puter program described in paragraph (a)(2)(iv) of this section. (a)(1)(iii) of this section by using only (b) Ninety days prior to the initi- the input parameters contained in ation of service to the public, the paragraphs (a)(1)(i) and (a)(1)(iv) of this NGSO FSS system licensee shall subsection. mit a comprehensive technical showing (2) Single-entry additional operational for the non-geostationary satellite equivalent power flux-density, in the orbit Fixed-Satellite Service (NGSO space-to-Earth direction, (additional oper- FSS) system in the 10.7–14.5 GHz bands. ational EPFDdown) limits. (i) Provide a The technical information shall dem- set of NGSO FSS earth station max- onstrate that the NGSO FSS system is imum equivalent isotropically radiated expected not to operate in excess of the power (EIRP) masks as a function of additional operational EPFDdown limits the off-axis angle generated by an and the operational EPFDdown limits as NGSO FSS earth station. The max- specified in § 25.208(i) and (j), and notes imum EIRP mask shall be generated in 2 and 3 to Table 1L in § 25.208(l). If the accordance with the specification stip- technical demonstration exceeds the ulated in the most recent version of additional operational EPFDdown limits ITU–R Recommendation S.1503. In par- or the operational EPFDdown limits at ticular, the results of calculations en- any test points within the United compass what would be radiated re- States for domestic service and at any

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test points outside of the United States submitted test points provided by the for international service, the NGSO Commission. These test points are FSS system licensee shall not initiate based on information from U.S.-li- service to the public until the defi- censed geostationary satellite orbit ciency has been rectified by reducing Fixed-Satellite Service and Broad- satellite transmission power or other casting-Satellite Service operators in adjustments. This must be substan- the 10.7–14.5 GHz bands. Each U.S.-li- tiated by subsequent technical censed geostationary satellite orbit showings. The technical showings con- Fixed-Satellite Service and Broad- sist of the following: casting-Satellite Service operator in (1) Single-entry additional operational the 10.7–14.5 GHz bands may submit up equivalent power flux-density, in the to 10 test points for this section con- space-to-Earth direction, (additional oper- taining the latitude, longitude, alti- ational EPFDdown) limits. (i) Provide a tude, azimuth, elevation angle, an- set of anticipated operational power tenna size, efficiency to be used by flux density (PFD) masks, on the sur- non-geostationary satellite orbit face of the Earth, for each space sta- Fixed-Satellite Service licensees in the tion in the NGSO FSS system. The an- 10.7–14.5 GHz bands during the upcom- ticipated operational PFD masks could ing year. be generated by using the method spec- (2) Operational equivalent power ified in the most recent version of ITU– flux-density, space-to-Earth direction, R Recommendation S.1503. In par- (operational EPFDdown) limits. Using ticular, the anticipated operational the information contained in (b)(1) of PFD mask shall take into account the this section plus the measured space expected maximum traffic loading dis- station antenna patterns, provide the tributions and geographic specific result of the execution of the computer scheduling of the actual measured simulation for the anticipated in-line space station antenna patterns (see operational EPFDdown levels for each of § 25.210(k)). The anticipated operational the submitted test points provided by PFD masks shall also be in an elec- the Commission. Submitted test points tronic form that can be accessed by the are based on inputs from U.S.-licensed computer program contained in para- geostationary satellite orbit Fixed- graph (b)(1)(iii) of this section. Satellite Service and Broadcasting- (ii) Identify and describe in detail the Satellite Service operators in the 10.7- assumptions and conditions used in 14.5 GHz bands. Each U.S.-licensed geo- generating the anticipated operational stationary satellite orbit Fixed-Sat- power flux-density masks. ellite Service and Broadcasting-Sat- (iii) Provide a computer program for ellite Service operator in the 10.7–14.5 the single-entry additional operational GHz bands may submit up to 10 test EPFDdown verification computation, including both the source code and the points for this section containing the executable file. This computer program latitude, longitude, altitude, azimuth, could be developed by using the method elevation angle, antenna size, effi- specified in the most recent version of ciency to be used by non-geostationary ITU–R Recommendation S.1503. satellite orbit Fixed-Satellite Service (iv) Identify and describe in detail licensees in the 10.7–14.5 GHz bands dur- the necessary input parameters for the ing the upcoming year. execution of the additional operational (c) [Reserved] EPFDdown verification computer pro- (d) The Commission may request at gram identified in paragraph (b)(1)(iii) any time additional information from of this section. the NGSO FSS system applicant or li- (v) Provide the result, the cumu- censee concerning the EPFD levels and lative probability distribution function the related technical showings. of EPFD, of the execution of the (e) An NGSO FSS system licensee op- verification computer program de- erating a system in compliance with scribed in paragraph (b)(1)(iii) of this the limits specified in § 25.208(g), (i), (j), section by using only the input param- (k), (l), and (m) shall be considered as eters contained in paragraphs (b)(1)(i) having fulfilled its obligations under and (iv) of this section for each of the ITU Radio Regulations Article 22.2

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with respect to any GSO network. How- ing the limits as specified in § 25.208(o). ever, such NGSO FSS system shall not Licensees may not provide service to claim protection from GSO FSS and the public if they fail to demonstrate BSS networks operating in accordance compliance with the PFD limits. with part 25 of this chapter and the (h) System License. Applicants au- ITU Radio Regulations. thorized to construct and launch a sys- (f) Coordination will be required be- tem of technically identical non-geo- tween NGSO FSS systems and GSO stationary satellite orbit Fixed-Sat- FSS earth stations in the frequency ellite Service satellites will be awarded band 10.7–12.75 GHz when all of the fol- a single ‘‘blanket’’ license covering a lowing threshold conditions are met: specified number of space stations to (1) Bandwidth overlap; and operate in a specified number of orbital (2) The satellite network using the planes. GSO has specific receive earth stations (i) In addition to providing the infor- which meet all of the following condi- mation specified in § 25.114, each NGSO tions: earth station antenna maximum FSS applicant shall provide the fol- isotropic gain greater than or equal to lowing: 64 dBi; G/T of 44 dB/K or higher; and (1) A demonstration that the pro- emission bandwidth of 250 MHz; and the posed system is capable of providing EPFD radiated by the satellite sys- down fixed-satellite services on a continuous tem using the NGSO into the GSO spe- basis throughout the fifty states, Puer- cific receive earth station, either with- to Rico and the U.S. Virgin Islands, in the U.S. for domestic service or any U.S.; and points outside the U.S. for international service, as calculated using (2) A demonstration that the pro- the ITU software for examining com- posed system is capable of providing pliance with EPFD limits set forth in Fixed-Satellite Services to all loca- ° Article 22 of the ITU Radio Regulations tions as far north as 70 North Latitude ° exceeds ¥174.5 dB(W/(m2/40kHz)) for and as far south as 55 South Latitude any percentage of time for NGSO sys- for at least 75 percent of every 24-hour tems with all satellites only operating period; and at or below 2500 km altitude, or ¥202 (3) Sufficient information on the dB(W/(m2/40kHz)) for any percentage of NGSO FSS system characteristics to time for NGSO systems with any sat- properly model the system in computer ellites operating above 2500 km alti- sharing simulations, including, at a tude. minimum, NGSO hand-over and sat- (3) If there is no ITU software for ex- ellite switching strategies, NGSO sat- amining compliance with EPFD limits ellite antenna gain patterns, and NGSO set forth in Article 22 of the ITU Radio earth station antenna gain patterns. In Regulations, then the EPFDdown coordi- particular, each NGSO FSS applicant nation trigger is suspended and the re- must explain the switching protocols it quirement for coordination will be uses to avoid transmitting while pass- based on bandwidth overlap and the ing through the geostationary satellite satellite network using the GSO has orbit arc, or provide an explanation as specific receive earth stations which to how the PFD limits in § 25.208 are meet all of the following conditions: met without using geostationary sat- earth station antenna maximum iso- ellite orbit arc avoidance. In addition, tropic gain greater than or equal to 64 each NGSO FSS applicant must pro- dBi; G/T of 44 dB/K or higher; and emis- vide the orbital parameters contained sion bandwidth of 250 MHz. in Section A.4 of Annex 2A to Appendix (g) Operational power flux density, 4 of the ITU Radio Regulations (2008). space-to-Earth direction, limits. Ninety Further, each NGSO FSS applicant days prior to the initiation of service must provide a sufficient technical to the public, the NGSO FSS system li- showing to demonstrate that the pro- censee shall submit a technical show- posed non-geostationary satellite orbit ing for the NGSO FSS system in the system meets the PFD limits con- band 12.2–12.7 GHz. The technical infor- tained in § 25.208, as applicable, and mation shall demonstrate that the (4) [Reserved] NGSO FSS system is capable of meet- (j)–(l) [Reserved]

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(m) Replacement of Space Stations (2) In addition to the requirements within the System License Term. Li- stated in paragraph (b)(1) of this sec- censees of NGSO FSS systems in the tion, all persons who receive new or ad- 10.7–12.7 GHz, 12.75–13.25 GHz and 13.75– ditional DBS authorizations after Jan- 14.5 GHz frequency bands authorized uary 19, 1996 shall complete construc- through a blanket license pursuant to tion of the first satellite in their re- paragraph (g) of this section need not spective DBS systems within four file separate applications to launch and years of grant of the authorization. All operate technically identical replace- satellite stations in such a DBS system ment satellites within the term of the shall be in operation within six years system authorization. However, the li- of the grant of the authorization. censee shall certify to the Commission, (3) DBS licensees shall be required to at least thirty days prior to launch of proceed consistent with all applicable such replacement(s) that: due diligence obligations, unless other- (1) The licensee intends to launch a wise determined by the Commission space station into the previously-au- upon proper showing in any particular thorized orbit that is technically iden- case. Transfer of control of the author- tical to those authorized in its system ization shall not be considered to jus- authorization and tify extension of these deadlines. (2) Launch of this space station will (c) Geographic service requirements. not cause the licensee to exceed the Those entities acquiring DBS author- total number of operating space sta- izations after January 19, 1996, or who tions authorized by the Commission. after January 19, 1996 modify a previous DBS authorization to launch a [66 FR 10619, Feb. 16, 2001, as amended at 67 replacement satellite, must provide FR 53510, Aug. 16, 2002; 68 FR 16447, Apr. 4, DBS service to Alaska and Hawaii 2003; 68 FR 43946, July 25, 2003; 68 FR 51505, Aug. 27, 2003; 69 FR 31302, June 3, 2004; 70 FR where such service is technically fea- 59277, Oct. 12, 2005; 78 FR 8423, Feb. 6, 2013; 79 sible from the authorized orbital loca- FR 8320, Feb. 12, 2014] tion. This requirement does not apply to DBS satellites authorized to operate § 25.147 Licensing provision for NGSO at the 61.5° W.L. orbital location. DBS MSS feeder downlinks in the band applicants seeking to operate from lo- 6700–6875 MHz. cations other than 61.5° W.L. who do If an NGSO MSS satellite transmit- not provide service to Alaska and Ha- ting in the band 6700–6875 MHz causes waii, must provide technical analyses harmful interference to previously li- to the Commission demonstrating that censed co-frequency Public Safety fa- such service is not feasible as a tech- cilities, then that satellite licensee is nical matter, or that while technically obligated to remedy the interference feasible such services would require so complaint. many compromises in satellite design and operation as to make it economi- [67 FR 17299, Apr. 10, 2002] cally unreasonable. (d) DBS subject to competitive bidding. § 25.148 Licensing provisions for the Mutually exclusive initial applications Direct Broadcast Satellite Service. to provide DBS are subject to competi- (a) License terms. License terms for tive bidding procedures. The general DBS facilities are specified in competitive bidding procedures set § 25.121(a). forth in part 1, subpart Q of this chap- (b) Due diligence. (1) All persons ter will apply unless otherwise pro- granted DBS authorizations shall provided in this part. ceed with due diligence in constructing (e) DBS long form application. Winning DBS systems. Permittees shall be re- bidders are subject to the provisions of quired to complete contracting for con- § 1.2107 of this chapter except that in struction of the satellite station(s) lieu of a FCC Form 601 each winning within one year of the grant of the au- bidder shall submit the long-form sat- thorization. The satellite stations shall ellite service application (FCC Form also be required to be in operation 312) within thirty (30) days after being within six years of the authorization notified by Public Notice that it is the grant. winning bidder. Each winning bidder

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will also be required to submit by the (i) [Resreved] same deadline the information de- (ii) In the 1626.5–1660.5 MHz/1525–1559 scribed in § 25.215 (Technical) and MHz bands (L-band), ATC operations § 25.601 (EEO), and in paragraph (f) of are limited to the frequency assign- this section. Each winner also will be ments authorized and internationally required to file, by the same deadline, coordinated for the MSS system of the a signed statement describing its ef- MSS licensee that seeks ATC author- forts to date and future plans to come ity. into compliance with any applicable (iii) In the 1610–1626.5 MHz/2483.5–2500 spectrum limitations, if it is not al- MHz bands, ATC operations are limited ready in compliance. Such information to the 1610–1617.775 MHz, 1621.35–1626.5 shall be submitted pursuant to the pro- MHz, and 2483.5–2495 MHz bands and to cedures set forth in § 25.114 and any as- the specific frequencies authorized for sociated Public Notices. use by the MSS licensee that seeks (f) Technical qualifications. DBS oper- ATC authority. ations must be in accordance with the (3) ATC operations shall not exceed sharing criteria and technical charac- the geographical coverage area of the teristics contained in Appendices 30 Mobile-Satellite Service network of and 30A of the ITU’s Radio Regula- the applicant for ATC authority. tions. Operation of systems using dif- (4) ATC base stations shall comply fering technical characteristics may be with all applicable antenna and struc- permitted, with adequate technical tural clearance requirements estab- showing, and if a request has been lished in part 17 of this chapter. made to the ITU to modify the appro- (5) ATC base stations and mobile ter- priate Plans to include the system’s minals shall comply with part 1 of this technical parameters. chapter, Subpart I—Procedures Imple- [67 FR 51113, Aug. 7, 2002] menting the National Environmental Policy Act of 1969, including the guide- § 25.149 Application requirements for lines for human exposure to radio fre- ancillary terrestrial components in quency electromagnetic fields as de- Mobile-Satellite Service networks fined in §§ 1.1307(b) and 1.1310 of this operating in the 1.5./1.6 GHz and chapter for PCS networks. 1.6/2.4 GHz Mobile-Satellite Service. (6) ATC base station operations shall (a) Applicants for ancillary terres- use less than all available MSS fre- trial component authority shall dem- quencies when using all available fre- onstrate that the applicant does or will quencies for ATC base station oper- comply with the following through cer- ations would exclude otherwise avail- tification or explanatory technical ex- able signals from MSS space-stations. hibit, as appropriate: (b) Applicants for an ancillary terres- (1) ATC shall be deployed in the for- trial component shall demonstrate ward-band mode of operation whereby that the applicant does or will comply the ATC mobile terminals transmit in with the following criteria through cer- the MSS uplink bands and the ATC tification: base stations transmit in the MSS (1) Geographic and temporal coverage. downlink bands in portions of the (i) [Reserved] 1626.5–1660.5 MHz/1525–1559 MHz bands (ii) For the L-band, an applicant (L-band) and the 1610–1626.5 MHz/2483.5– must demonstrate that it can provide 2500 MHz bands. space-segment service covering all 50 states, Puerto Rico, and the U.S. Vir- NOTE TO PARAGRAPH (a)(1): An L-band MSS licensee is permitted to apply for ATC au- gin Islands one-hundred percent of the thorization based on a non-forward-band time, unless it is not technically pos- mode of operation provided it is able to dem- sible for the MSS operator to meet the onstrate that the use of a non-forward-band coverage criteria from its orbital posi- mode of operation would produce no greater tion. potential interference than that produced as (iii) For the 1.6/2.4 GHz Mobile-Sat- a result of implementing the rules of this ellite Service bands, an applicant must section. demonstrate that it can provide space- (2) ATC operations shall be limited to segment service to all locations as far certain frequencies: north as 70° North latitude and as far

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south as 55° South latitude for at least Satellite Service band-sharing arrange- seventy-five percent of every 24-hour ment. period, i.e., that at least one satellite (iii) In the L-band, MSS ATC is lim- will be visible above the horizon at an ited to those frequency assignments elevation angle of at least 5° for at available for MSS use in accordance least 18 hours each day, and on a con- with the Mexico City Memorandum of tinuous basis throughout the fifty Understanding, its successor agree- states, Puerto Rico and the U.S. Virgin ments or the result of other organized Islands, i.e., that at least one satellite efforts of international coordination. will be visible above the horizon at an (c) Equipment certification. (1) Each elevation angle of at least 5° at all ATC mobile station utilized for oper- times. ation under this part and each trans- (2) Replacement satellites. (i) Oper- mitter marketed, as set forth in § 2.803 ational NGSO MSS ATC systems shall of this chapter, must be of a type that maintain an in-orbit spare satellite. has been authorized by the Commission (ii) Operational GSO MSS ATC sys- under its certification procedure for tems shall maintain a spare satellite use under this part. on the ground within one year of com- (2) Any manufacturer of radio trans- mencing operations and launch it into mitting equipment to be used in these orbit during the next commercially services may request equipment au- reasonable launch window following a thorization following the procedures satellite failure. set forth in subpart J of part 2 of this chapter. Equipment authorization for (iii) All MSS ATC licensees must re- an individual transmitter may be report any satellite failures, malfunc- quested by an applicant for a station tions or outages that may require sat- authorization by following the proce- ellite replacement within ten days of dures set forth in part 2 of this chapter. their occurrence. (3) Licensees and manufacturers are (3) Mobile-sat- Commercial availability. subject to the radiofrequency radiation ellite service must be commercially exposure requirements specified in available ( , offering services for a viz. §§ 1.1307(b), 2.1091, and 2.1093 of this fee) in accordance with the coverage chapter, as appropriate. MSS ATC base requirements that pertain to each band stations must comply with the require- as a prerequisite to an MSS licensee’s ments specified in § 1.1307(b) of this offering ATC service. chapter for PCS base stations. MSS (4) Integrated services. MSS ATC li- ATC mobile stations must comply with censees shall offer an integrated serv- the requirements specified for mobile ice of MSS and MSS ATC. Applicants and portable PCS transmitting devices for MSS ATC may establish an inte- in § 1.1307(b) of this chapter. MSS ATC grated service offering by affirmatively mobile terminals must also comply demonstrating that: with the requirements in §§ 2.1091 and (i) The MSS ATC operator will use a 2.1093 of this chapter for Satellite Com- dual-mode handset that can commu- munications Services devices. Applica- nicate with both the MSS network and tions for equipment authorization of the MSS ATC component to provide mobile or portable devices operating the proposed ATC service; or under this section must contain a (ii) Other evidence establishing that statement confirming compliance with the MSS ATC operator will provide an these requirements for both funda- integrated service offering to the pub- mental emissions and unwanted emis- lic. sions. Technical information showing (5) In-band operation. (i) [Reserved] the basis for this statement must be (ii) In the 1.6/2.4 GHz Mobile-Satellite submitted to the Commission upon re- Service bands, MSS ATC is limited to quest. no more than 7.775 MHz of spectrum in (d) Applicants for an ancillary terres- the L-band and 11.5 MHz of spectrum in trial component authority shall dem- the S-band. Licensees in these bands onstrate that the applicant does or will may implement ATC only on those comply with the provisions of § 1.924 of channels on which MSS is authorized, this chapter and §§ 25.203(e) through consistent with the 1.6/2.4 GHz Mobile- 25.203(g) and with § 25.253 or § 25.254, as

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appropriate, through certification or accurate Form 602 (see § 1.913(a)(2)) on explanatory technical exhibit. file with the Commission. (e) Except as provided for in para- [68 FR 47859, Aug. 12, 2003, as amended at 69 graph (f) of this section, no application FR 48162, Aug. 9, 2004; 70 FR 19318, Apr. 13, for an ancillary terrestrial component 2005, 73 FR 25592, May 7, 2008; 76 FR 31260, shall be granted until the applicant has May 31, 2011; 78 FR 8267, Feb. 5, 2013; 78 FR demonstrated actual compliance with 8424, Feb. 6, 2013; 79 FR 27502, May 14, 2014] the provisions of paragraph (b) of this section. Upon receipt of ATC author- PROCESSING OF APPLICATIONS ity, all ATC licensees must ensure continued compliance with this section § 25.150 Receipt of applications. and § 25.253 or § 25.254, as appropriate. Applications received by the Com- (f) Special provision for operational mission are given a file number and a MSS systems. Applicants for MSS ATC unique station identifier for adminis- authority with operational MSS sys- trative convenience. Neither the as- tems that are in actual compliance signment of a file number and/or other with the requirements prescribed in identifier nor the listing of the applica- paragraphs (b)(1), (b)(2), and (b)(3) of tion on public notice as received for fil- this section at the time of application ing indicates that the application has may elect to satisfy the requirements been found acceptable for filing or pre- of paragraphs (b)(4) and (b)(5) of this cludes subsequent return or dismissal section prospectively by providing a of the application if it is found to be substantial showing in its certification defective or not in accordance with the regarding how the applicant will com- Commission’s rules. ply with the requirements of paragraphs (b)(4) and (b)(5) of this section. [78 FR 8425, Feb. 6, 2013] Notwithstanding § 25.117(f) and para- § 25.151 Public notice period. graph (e) of this section, the Commis- sion may grant an application for ATC (a) At regular intervals, the Commis- authority based on such a prospective sion will issue public notices listing: substantial showing if the Commission (1) The receipt of applications for finds that operations consistent with new station authorizations; the substantial showing will result in (2) The receipt of applications for li- actual compliance with the require- cense or registration of receive-only ments prescribed in paragraphs (b)(4) earth stations; and (b)(5) of this section. An MSS ATC (3) The receipt of applications for applicant that receives a grant of ATC major modifications to station author- authority pursuant to this paragraph izations; (f) shall notify the Commission within (4) The receipt of major amendments 30 days once it begins providing ATC to pending applications; service. This notification must take (5) The receipt of applications to as- the form of a letter formally filed with sign or transfer control of space sta- the Commission in the appropriate tion facilities, transmitting earth sta- MSS license docket and shall contain a tion facilities, or international receive- certification that the MSS ATC service only earth station facilities; is consistent with its ATC authority. (6) Significant Commission actions (g) Spectrum leasing. Leasing of spec- regarding applications; trum rights by MSS licensees or sys- (7) Information which the Commis- tem operators to spectrum lessees for sion in its discretion believes to be of ATC use is subject to the rules for public significance; and spectrum manager leasing arrange- (8) Special environmental consider- ments (see § 1.9020) as set forth in part ations as required by part 1 of this 1, subpart X of the rules (see § 1.9001 et chapter. seq.). In addition, at the time of the fil- (b) Special public notices may also be ing of the requisite notification of a issued at other times under special cir- spectrum manager leasing arrange- cumstances involving non-routine mat- ment using Form 608 (see §§ 1.9020(e) and ters where speed is of the essence and 1.913(a)(5)), both parties to the proposed efficiency of Commission process will arrangement must have a complete and be served thereby.

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(c) A public notice will not normally ellites on the Permitted Space Station be issued for receipt of any of the fol- List. lowing applications: (2) Applications for authority grant- (1) For authorization of a minor tech- ed pursuant to paragraph (e)(1) of this nical change in the facilities of an au- section shall be placed on public notice thorized station; pursuant to paragraph (a)(1) of this sec- (2) For temporary authorization pur- tion. If no comments or petitions are suant to § 25.120. filed within 30 days of the public notice (3) For an authorization under any of date, the authority granted will be con- the proviso clauses of section 308(a) of sidered a regular temporary fixed earth the Communications Act of 1934, as station authorization as of 30 days amended [47 U.S.C. 308(a)]; after the public notice date. If a com- (4) For consent to an involuntary as- ment or petition is filed within 30 days signment or transfer of control of a of the public notice date, the applicant transmitting earth station authoriza- must suspend operations immediately tion; or pending resolution of the issues raised (5) For consent to an assignment or in that comment or petition. transfer of control of a space station authorization or a transmitting earth [56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993; 70 FR 32254, June 2, station authorization, where the as- 2005] signment or transfer does not involve a substantial change in ownership or § 25.152 Dismissal and return of appli- control; or cations. (6) For change in location of an earth station operating in the 4/6 GHz and (a) Any application may be dismissed 10.95–11.7 GHz bands by no more than 1″ without prejudice as a matter of right in latitude and/or longitude and for if the applicant requests its dismissal change in location of an earth station prior to final Commission action. operating in the 12/14 GHz bands by no (b) The Commission will dismiss an more than 10″ in latitude and/or lon- application for failure to prosecute or gitude. for failure to respond substantially (d) Except as specified in paragraph within a specified time period to offi- (e) of this section, no application that cial correspondence or requests for ad- has appeared on public notice will be ditional information. Dismissal will be granted until the expiration of a period without prejudice unless the applica- of thirty days following the issuance of tion is mutually exclusive pursuant to the public notice listing the applica- § 25.155, in which case it will be dis- tion, or any major amendment thereto. missed with prejudice. Any comments or petitions must be delivered to the Commission by that date § 25.153 Repetitious applications. in accordance with § 25.154. (a) Where an application has been de- (e)(1) Applicants seeking authority to nied or dismissed with prejudice, the operate a temporary fixed earth sta- Commission will not consider a like ap- tion pursuant to § 25.277 may consider plication involving service of the same their applications ‘‘provisionally kind to the same area by the same ap- granted,’’ and may initiate operations plicant, or by its successor or assignee, upon the placement of the complete or on behalf of or for the benefit of any FCC Form 312 application on public no- of the original parties in interest, until tice, provided that after the lapse of 12 months from the (i) The temporary fixed earth station effective date of the Commission’s ac- will operate only in the conventional tion. Ku-band (14.0–14.5 GHz and 11.7–12.2 (b) Where an appeal has been taken GHz bands); from the action of the Commission de- (ii) The temporary fixed earth sta- nying a particular application, another tion’s operations will be consistent application for the same class of sta- with all routine-licensing requirements tion and for the same area, in whole or for the conventional Ku-band; and in part, filed by the same applicant or (iii) The temporary fixed earth sta- by his successor or assignee, or on be- tion’s operations will be limited to sat- half or for the benefit of the original

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parties in interest, will not be consid- section or to other Commission rules ered until the final disposition of the and requirements. appeal. (c) Except for opposition to petitions [56 FR 24016, May 28, 1991, as amended at 79 to deny an application filed pursuant FR 8320, Feb. 12, 2014] to § 25.220, oppositions to petitions to deny an application or responses to § 25.154 Opposition to applications and comments and informal objections re- other pleadings. garding an application may be filed (a) Petitions to deny, petitions for within 10 days after the petition, com- other forms of relief, and other objec- ment, or objection is filed and must be tions or comments must: in accordance with other applicable (1) Identify the application or appli- provisions of §§ 1.41 through 1.52 of this cations (including applicant’s name, chapter, except that such oppositions station location, Commission file num- must be filed electronically through bers, and radio service involved) with the International Bureau Filing Sys- which it is concerned; tem (IBFS) in accordance with the ap- (2) Be filed within thirty (30) days plicable provisions of part 1, subpart Y after the date of public notice announc- of this chapter. ing the acceptance for filing of the ap- (d) Reply comments by a party that plication or major amendment thereto filed a petition to deny may be filed in (unless the Commission otherwise ex- response to pleadings filed pursuant to tends the filing deadline); paragraph (c) or (e) of this section (3) Filed in accordance with the within 5 days after expiration of the pleading limitations, periods and other time for filing oppositions unless the applicable provisions of §§ 1.41 through Commission extends the filing deadline 1.52 of this chapter, except that such and must be in accordance with other petitions must be filed electronically through the International Bureau Fil- applicable provisions of §§ 1.41 through ing System (IBFS) in accordance with 1.52 of this chapter, except that such the applicable provisions of part 1, sub- reply comments must be filed elec- part Y of this chapter; tronically through the International (4) Contain specific allegations of Bureau Filing System (IBFS) in ac- fact (except for those of which official cordance with the applicable provisions notice may be taken) to support the of part 1, subpart Y of this chapter. specific relief requested, which shall be (e) Within 30 days after a petition to supported by affidavit of a person or deny an application filed pursuant to persons with personal knowledge there- § 25.220 is filed, the applicant may file of, and which shall be sufficient to an opposition to the petition and must demonstrate that the petitioner (or re- file a statement with the Commission, spondent) is a party of interest and either in conjunction with, or in lieu that a grant of, or other Commission of, such opposition, explaining whether action regarding, the application would the applicant has resolved all out- be prima facie inconsistent with the standing issues raised by the peti- public interest; and tioner. This statement and any con- (5) Contain a certificate of service joined opposition must be in accord- showing that it has been mailed to the ance with the provisions of §§ 1.41 applicant no later than the date the through 1.52 of this chapter applicable pleading is filed with the Commission. to oppositions to petitions to deny, ex- (b) The Commission will classify as cept that such reply comments must be informal objections: filed electronically through the Inter- (1) Any pleading not filed in accord- national Bureau Filing System (IBFS) ance with paragraph (a) of this section; in accordance with the applicable pro- (2) Any pleading to which the thirty visions of part 1, subpart Y of this (30) day public notice period of § 25.151 chapter. does not apply; or (3) Any objections to the grant of an [56 FR 24016, May 28, 1991, as amended at 69 application when the objections do not FR 47795, Aug. 6, 2004; 70 FR 32254, June 2, conform to either paragraph (a) of this 2005; 79 FR 8320, Feb. 12, 2014]

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§ 25.155 Mutually exclusive applica- of the same type, the grant shall be tions. considered final unless the Commission (a) The Commission will consider ap- should revise its action (either by plications to be mutually exclusive if granting the application as originally their conflicts are such that the grant requested, or by designating the appli- of one application would effectively cation for hearing) in response to a pe- preclude by reason of harmful elec- tition for reconsideration which: trical interference, or other practical (1) Is filed by the applicant within reason, the grant of one or more other thirty (30) days from the release date of applications. the conditioned grant; and (b) An application for an NGSO-like (2) Rejects the grant as made and ex- space station license, within the mean- plains the reasons why the application ing of § 25.157, will be entitled to com- should be granted as originally re- parative consideration with one or quested. more conflicting applications only if: (c) Reconsideration or review of any (1) The application is mutually exclu- final action taken by the Commission sive with another NGSO-like space sta- will be in accordance with subpart A of tion application; and part 1 of this chapter. (2) The application is received by the (d)(1) Applications for NGSO-like sat- Commission in a condition acceptable ellite systems will be considered pursu- for filing by the ‘‘cut-off’’ date speci- ant to the procedures set forth in fied in a public notice. § 25.157. (c) An application for a GSO-like (2) Applications for GSO-like sat- space station license, within the mean- ellite systems will be considered pursu- ing of § 25.158, will be entitled to com- ant to the procedures set forth in parative consideration with one or § 25.158. more conflicting applications only if: (3) Applications for NGSO-like sat- (1) The application is mutually exclu- ellite and GSO-like systems employing sive with another GSO-like space sta- two or more service bands will be tion application; and treated like separate applications for (2) The application is received by the each service band, and each service Commission in a condition acceptable band request will be considered pursu- for filing at the same millisecond as ant to § 25.157 or § 25.158, as appropriate. another GSO-like space station appli- (4) Applications for feeder link au- cation with which it is mutually exclu- thority or intersatellite link authority sive. will be treated like an application separate from its associated service band. [68 FR 51505, Aug. 27, 2003] Each feeder link request or intersatellite link request will be considered § 25.156 Consideration of applications. pursuant to the procedure for GSO-like (a) Applications for a radio station service or NGSO-like service, as appli- authorization, or for modification or cable. renewal of an authorization, will be (5) In cases where the Commission granted if, upon examination of the ap- has not adopted frequency-band spe- plication, any pleadings or objections cific service rules, the Commission will filed, and upon consideration of such not consider NGSO-like applications other matters as it may officially no- after it has granted a GSO-like applica- tice, the Commission finds that the ap- tion, and it will not consider GSO-like plicant is legally, technically, and oth- applications after it has granted an erwise qualified, that the proposed fa- NGSO-like application, unless and cilities and operations comply with all until the Commission establishes applicable rules, regulations, and poli- NGSO/GSO sharing criteria for that cies, and that grant of the application frequency band. In the event that the will serve the public interest, conven- Commission receives NGSO-like appli- ience and necessity. cations and GSO-like applications at (b) Whenever the Commission grants the same time, and the Commission any application in part, or subject to has not adopted sharing criteria in any terms or conditions other than that band, the Commission will divide those routinely applied to applications the spectrum between GSO-like and

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NGSO-like licensees based on the pro- (d) After review of each of the appli- portion of qualified GSO-like and cations in the processing round, and all NGSO-like applicants. the pleadings filed in response to each (6) An application for DBS or DARS application, the Commission will grant services will be entitled to comparative all the applications that meet the consideration with one or more con- standards of § 25.156(a), and deny the flicting applications only if: other applications. (i) The application is mutually exclu- (e)(1) In the event that there is insuf- sive with another application; and ficient spectrum in the frequency band (ii) The application is received by the available to accommodate all the Commission in a condition acceptable qualified applicants in a processing for filing by the ‘‘cut-off’’ date speci- round, the available spectrum will be fied in a public notice. divided equally among the licensees whose applications are granted pursu- [56 FR 24016, May 28, 1991, as amended at 68 ant to paragraph (d) of this section, ex- FR 51505, Aug. 27, 2003] cept as set forth in paragraph (e)(2) or § 25.157 Consideration of NGSO-like (e)(3) of this section. satellite applications. (2) In cases where there are only one or two applications in a processing (a) This section specifies the Com- round granted pursuant to paragraph mission’s procedures for considering li- (d) of this section, each applicant will cense applications for ‘‘NGSO-like sat- be assigned 1⁄3 of the available spec- ellite systems.’’ For purposes of this trum, and the remaining spectrum will section, the term ‘‘NGSO-like satellite be made available to other licensees in system’’ is defined as: an additional processing round pursu- (1) All NGSO satellite systems, and ant to paragraph (c) of this section. (2) All GSO MSS satellite systems, in (3) In cases where there are three or which the satellites are designed to more applications in a processing communicate with earth stations with round granted pursuant to paragraph omni-directional antennas. (d) of this section, and one or more ap- (b) Each NGSO-like satellite system plicants apply for less spectrum than application will be reviewed to deter- they would be warranted under para- mine whether it is acceptable for filing graph (e)(1) of this section, those appli- within the meaning of § 25.112. Any ap- cants will be assigned the bandwidth plication that is not acceptable for fil- amount they requested in their appli- ing would be returned to the applicant. cations. In those cases, the remaining (c) Each NGSO-like satellite system qualified applicants will be assigned application that is acceptable for filing the lesser of the amount of spectrum will be reviewed to determine whether they requested in their applications it is a ‘‘competing application,’’ i.e., and the amount spectrum that they filed in response to a public notice ini- would be assigned if the available spec- tiating a processing round, or a ‘‘lead trum were divided equally among the application,’’ i.e., all other NGSO-like remaining qualified applicants. satellite system applications. (f)(1) Each licensee will be allowed to (1) Competing applications that are select the particular band segment it acceptable for filing will be placed on wishes to use no earlier than 60 days public notice to provide interested par- before they plan to launch the first sat- ties an opportunity to file pleadings in ellite in its system, and no later than response to the application pursuant to 30 days before that date, by submitting § 25.154. a letter to the Secretary of the Com- (2) Lead applications that are accept- mission. The licensee shall serve copies able for filing will be placed on public of this letter to the other participants notice. This public notice will initiate in the processing round pursuant to a processing round, establish a cut-off § 1.47 of this chapter. date for competing NGSO-like satellite (2) The licensee shall request contig- system applications, and provide inter- uous bandwidth in both the uplink and ested parties an opportunity to file downlink band. Each licensee’s band- pleadings in response to the applica- width selection in both the uplink and tion pursuant to § 25.154. downlink band shall not preclude other

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licensees from selecting contiguous stations with directional antennas. Ex- bandwidth. amples of GSO-like satellite systems (3) If two or more licensees in a proc- are those which use earth stations with essing round request the same band antennas with directivity towards the segment, all licensees other than the satellites, such as FSS, and MSS feeder first one to request that particular links which use GSO satellites. GSO- band segment will be required to make like satellite systems are satellite sys- another selection. tems that are not NGSO-like satellite (g)(1) In the event that an applicants’ systems within the meaning of license is cancelled for any reason, the § 25.157(a). Commission will redistribute the bandwidth allocated to that applicant (b) Applications for GSO-like sat- equally among the remaining appli- ellite system licenses will be placed in cants whose licenses were granted con- a queue and considered in the order currently with the cancelled license, that they are filed, pursuant to the fol- unless the Commission determines that lowing procedure: such a redistribution would not result (1) The application will be reviewed in a sufficient number of licensees re- to determine whether it is acceptable maining to make reasonably efficient for filing within the meaning of § 25.112. use of the frequency band. If not, the application will be returned (2) In the event that the redistribu- to the applicant. tion of bandwidth set forth in para- (2) If the application is acceptable for graph (g)(1) of this section would not filing, the application will be placed on result in a sufficient number of licens- public notice pursuant to § 25.151, and ees remaining to make reasonably effi- interested parties will be given an op- cient use of the frequency band, the portunity to file pleadings pursuant to Commission will issue a public notice initiating a processing round, as set § 25.154. forth in paragraph (c) of this section, (3) The application will be granted to invite parties to apply for an NGSO- only if it meets each of the following like satellite system license to operate criteria: in a portion of the bandwidth made (i) After review of the application available as a result of the cancellation and any pleadings filed in response to of the initial applicant’s license. Par- that application, the Commission finds ties already holding licenses to operate that the application meets the stand- an NGSO-like satellite system in that ards of § 25.156(a); and frequency band will not be permitted (ii) The proposed satellite will not to participate in that processing round. cause harmful interference to any pre- (3) There is a presumption that three viously licensed operations. satellite licensees in a frequency band (c) An applicant for a GSO-like sat- are sufficient to make reasonably effi- ellite system license is not allowed to cient use of the frequency band. transfer, assign, or otherwise permit (h) Services offered pursuant to an any other entity to assume its place in NGSO-like license in a frequency band any queue. granted before the Commission has adopted frequency-band-specific service (d) In the event that two or more rules for that band will be subject to GSO-like satellite system license appli- the default service rules in § 25.217. cations are mutually exclusive within the meaning of § 25.155(c), the Commis- [68 FR 51505, Aug. 27, 2003] sion will consider those applications § 25.158 Consideration of GSO-like sat- pursuant to the following procedure: ellite applications. (1) Each application will be reviewed (a) This section specifies the Com- to determine whether it is acceptable mission’s procedures for considering li- for filing within the meaning of § 25.112. cense applications for ‘‘GSO-like sat- Any application not found acceptable ellite systems.’’ For purposes of this for filing will be returned to the appli- section, the term ‘‘GSO-like satellite cant. system’’ is defined as a GSO satellite (2) All applications that are accept- designed to communicate with earth able for filing will be placed on public

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notice pursuant to § 25.151, and inter- ing GSO-like applications and licensed- ested parties will be given an oppor- but-unbuilt GSO-like space stations in tunity to file pleadings pursuant to a particular frequency band that equals § 25.154. five, will not be permitted to apply for (3) Each application will be granted if another GSO-like space station license it meets the criteria of paragraph (b)(3) in that frequency band. of this section, and otherwise will be (b) Applicants with an application for denied. one NGSO-like satellite system license (4) In the event that two or more ap- on file with the Commission in a par- plications are granted pursuant to ticular frequency band, or one licensed- paragraph (d)(3) of this section, the but-unbuilt NGSO-like satellite system available bandwidth at the orbital lo- in a particular frequency band, will not cation or locations in question will be be permitted to apply for another divided equally among those licensees. NGSO-like satellite system license in (5) Licensees whose licenses are that frequency band. granted pursuant to paragraph (d)(4) of (c) If an applicant has an attributable this section will be allowed to select interest in one or more other entities the particular band segment it wishes seeking one or more space station li- to use no earlier than 60 days before censes, the pending applications and li- they plan to launch the first satellite censed-but-unbuilt satellite systems in its system, and no later than 30 days filed by those other entities will be before that date, by submitting a letter counted as filed by the applicant for to the Secretary of the Commission. purposes of the limits on the number of The licensee shall serve copies of this pending space station applications and letter to the other participants in the licensed-but-unbuilt satellite systems processing round pursuant to § 1.47 of in this paragraph. For purposes of this this chapter. paragraph, an applicant has an ‘‘at- (6) Licensees whose licenses are tributable interest’’ in another entity granted pursuant to paragraph (d)(4) of if: this section shall request contiguous (1) It holds equity (including all bandwidth in both the uplink and stockholdings, whether voting or non- downlink band. Each licensee’s band- voting, common or preferred) and debt width selection shall not preclude interest or interests, in the aggregate, other licensees from selecting contig- exceed thirty-three (33) percent of the uous bandwidth. total asset value (defined as the aggre- (7) If two or more licensees whose li- gate of all equity plus all debt) of that censes are granted pursuant to para- entity, or graph (d)(4) of this section request the (2) It holds a controlling interest in same band segment, all licensees other that entity, or is the subsidiary of a than the first one to request that par- party holding a controlling interest in ticular band segment will be required that entity, within the meaning of 47 to make another selection. CFR 1.2110(b)(2). (e) Services offered pursuant to a (3) For purposes of paragraphs (c)(1) GSO-like license in a frequency band and (c)(2) of this section, ownership in- granted before the Commission has terests shall be calculated on a fully di- adopted frequency-band-specific service luted basis, i.e., all agreements, such as rules for that band will be subject to warrants, stock options, and convert- the default service rules in § 25.217. ible debentures, will generally be treat- [68 FR 51506, Aug. 27, 2003] ed as if the rights thereunder already have been fully exercised. § 25.159 Limits on pending applica- (d) In the event that a licensee tions and unbuilt satellite systems. misses three or more milestones within (a) Applicants with a total of five ap- any three-year period, the Commission plications for GSO-like space station will presume that the licensee obtained licenses on file with the Commission in one or more of those licenses for specu- a particular frequency band, or a total lative purposes. Unless the licensee re- of five licensed-but-unbuilt GSO-like buts this presumption, it will not be space stations in a particular fre- permitted to apply for a GSO-like sat- quency band, or a combination of pend- ellite or an NGSO-like satellite system

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in any frequency band if it has two or in part without further notice to the li- more satellite applications pending, or censee upon: two licensed-but-unbuilt satellite sys- (a)(1) Failure to meet any applicable tems of any kind. This limit will re- milestone for implementation of the li- main in effect until the licensee pro- censed satellite system specified in vides adequate information to dem- § 25.164(a) and/or (b), without demonstrate that it is very likely to con- onstrating that the failure was caused struct its licensed facilities if it were by circumstances beyond the licensee’s allowed to file more applications. control, or (e) For purposes of this section, ‘‘fre- (2) If there are no applicable mile- quency band’’ means one of the paired stones for implementation of the li- frequency bands available for satellite censed satellite system specified in service listed in § 25.202. § 25.164(a) and/or (b), the expiration of the required date of completion of con- [68 FR 51506, Aug. 27, 2003] struction or other required action spec- FORFEITURE, TERMINATION, AND REIN- ified in the authorization, or after any STATEMENT OF STATION AUTHORIZA- additional time authorized by the Com- TION mission, if a certification of completion of the required action has not been § 25.160 Administrative sanctions. filed with the Commission unless a request for an extension of time has been (a) A forfeiture may be imposed for filed with the Commission but has not failure to operate in conformance with been acted on. the Communications Act, license specifications, any conditions imposed on an (b) The expiration of the license authorization, or any of the Commis- term, unless, in the case of an earth sion’s rules and regulations; or for fail- station license, an application for re- ure to comply with Commission renewal of the license has been filed with quests for information needed to com- the Commission pursuant to § 25.121(e) plete international coordination or for or, in the case of a space station li- failure to cooperate in Commission in- cense, an application for extension of vestigations with respect to inter- the license term has been filed with the national coordination. Commission; or (b) A forfeiture will be imposed and (c) The removal or modification of the station license may be terminated the facilities which renders the station for the malicious transmissions of any not operational for more than 90 days, signal that causes harmful interference unless specific authority is requested. with any other radio communications [56 FR 24016, May 28, 1991, as amended at 68 or signals. FR 51507, Aug. 27, 2003; 78 FR 8425, Feb. 6, (c) A station license may be revoked 2013; 79 FR 8320, Feb. 12, 2014] for any repeated and willful violation of the kind set forth in paragraphs (a) § 25.162 Cause for termination of inter- and (b) of this section. ference protection. (d) The sanctions specified in para- The protection from interference af- graphs (a), (b), and (c) of this section forded by the registration of a receiv- will be imposed only after the licensee ing earth station shall be automati- has been provided an opportunity to be cally terminated if: heard pursuant to titles III and V of (a) The request for registration is not the Communications Act of 1934, as submitted to the Commission within 3 amended. months of the completion of the fre- (e) For purposes of this section, the quency coordination process, except as term ‘‘repeated’’ and ‘‘willful’’ are de- provided for in § 25.203; fined as set out in section 312(f) of the (b) The receiving earth station is not Communications Act, 47 U.S.C. 312(f). constructed and placed into service within 6 months after completion of co- § 25.161 Automatic termination of sta- ordination; tion authorization. (c) The Commission finds that the A station authorization shall be station has been used less than 50% of automatically terminated in whole or the time during any 12 month period;

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(d) The Commission finds that the pursuant to delegated authority. These station has been used for an unlawful dates are to be measured from the date purpose or otherwise in violation of the the license is issued. Commission’s rules, regulations or (1) One year: Enter into a binding policies; non-contingent contract to construct (e) The Commission finds that the ac- the licensed satellite system. tual use of the facility is inconsistent (2) Two years: Complete the critical with what was set forth in the reg- design review of the licensed satellite istrant’s application; or system. (f) The Commission finds that the (3) Three years: Begin the construc- frequency coordination exhibit, upon tion of the satellite. which the granted registration is (4) Five years: Launch the space sta- based, is incomplete or does not con- tion, position it in its assigned orbital form with established coordination location, and operate it in accordance procedures. with the station authorization. § 25.163 Reinstatement. (b) Licensees of non-geostationary orbit satellite systems other than DBS (a) A station authorization termi- and DARS satellite systems licensed on nated in whole or in part under the or after September 11, 2003, will be re- provisions of § 25.161 may be reinstated quired to comply with the schedule set if the Commission, in its discretion, de- forth in paragraphs (b)(1) through (b)(5) termines that reinstatement would of this section in implementing their best serve the public interest, conven- satellite systems, unless a different ience and necessity. Petitions for rein- schedule is established by Title 47, statement will be considered only if: Chapter I, or by Commission Order, or (1) The petition is filed within 30 days by Order adopted pursuant to delegated after the expiration date set forth in authority. These dates are to be meas- § 25.161(a) or § 25.161(b), whichever is ap- ured from the date the license is plicable; issued. (2) The petition explains the failure to file a timely notification or renewal (1) One year: Enter into a binding application; and non-contingent contract to construct (3) The petition sets forth with speci- the licensed satellite system. ficity the procedures which have been (2) Two years: Complete the critical established to insure timely filings in design review of the licensed satellite the future. system. (b) A special temporary authoriza- (3) Two years, six months: Begin the tion shall automatically terminate construction of the first satellite in the upon the expiration date specified licensed satellite system. therein, or upon failure of the grantee (4) Three years, six months: Launch to comply with any special terms or the first space station, place it in the conditions set forth in the authoriza- authorized orbit, and operate it in action. Temporary operation may be ex- cordance with the station authoriza- tended beyond the termination date tion. only upon application to the Commis- (5) Six years: Bring all the satellites sion. in the licensed satellite system into operation. § 25.164 Milestones. (c) Licensees of all satellite systems, (a) Licensees of geostationary orbit other than DBS and DARS satellite satellite systems other than DBS and systems, must either submit a copy of DARS satellite systems, including GSO a binding non-contingent satellite con- MSS satellite systems, licensed on or struction contract with the Commis- after August 27, 2003 will be required to sion or notify the Commission in writ- comply with the schedule set forth in ing that they have not entered into paragraphs (a)(1) through (a)(4) of this such a contract, no later than 15 days section in implementing their satellite after the milestone date for entering systems, unless a different schedule is into such a contract. established by Title 47, Chapter I, or by (d) Licensees of all satellite systems, Commission Order, or by Order adopted other than DBS and DARS satellite

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systems, must either submit informa- milestone schedules will be applied to tion to the Commission sufficient to the entire satellite system. demonstrate that the licensee has completed the critical design review of the [68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004; 79 FR 8320, Feb. 12, licensed satellite system or notify the 2014] Commission in writing that critical design review has not been completed, no § 25.165 Posting of bonds. later than 15 days after the milestone date for completion of such design re- (a) For all satellite licenses issued view. after September 20, 2004, other than (e) Licensees of all satellite systems, DBS licenses, DARS licenses, and re- other than DBS and DARS satellite placement satellite licenses as defined systems, must either submit informa- in paragraph (e), the licensee is re- tion to the Commission sufficient to quired to post a bond within 30 days of demonstrate that the licensee has com- the grant of its license. Failure to post menced physical construction of its li- a bond will render the license null and censed spacecraft or notify the Com- void automatically. mission in writing that such construc- (1) NGSO licensees are required to tion has not commenced, no later than post a bond in the amount of $5 mil- 15 days after the milestone date for lion. such commencement. (2) GSO licensees are required to post (f) Licensees of all satellite systems, a bond in the amount of $3 million. other than DBS and SDARS systems, (3) Licensees of satellite systems in- must either demonstrate compliance cluding both NGSO satellites and GSO with an applicable deadline for oper- satellites that operate in the same fre- ation or launch and operation specified quency bands as the NGSO satellites in paragraph (a) or (b) of this section or are required to post a bond in the notify the Commission in writing that amount of $5 million. launch and commencement of oper- (b) The licensee must use a surety ation has not occurred, no later than 15 company deemed acceptable within the days after the deadline. Compliance meaning of 31 U.S.C. 9304 et seq. (See, with a milestone requirement in para- e.g., Department of Treasury Fiscal graph (a)(4), (b)(4), or (b)(5) of this sec- Service, Companies Holding Certifi- tion may be demonstrated by certi- cates of Authority as Acceptable Sure- fying pursuant to § 25.121(d) that the ties on Federal Bonds and As Accept- space station, or stations, has, or have, able Reinsurance Companies, 57 FR been launched and placed in the au- 29356, July 1, 1992.) The bond must thorized orbital location or non-geo- name the U.S. Treasury as beneficiary stationary orbit(s) and that in-orbit in the event of the licensee’s default. operation of the space station or sta- The licensee must provide the Commis- tions has been tested and found to be sion with a copy of the performance consistent with the terms of the au- bond, including all details and condi- thorization. tions. (g) Licensees of satellite systems (c) A licensee will be considered to be that include both non-geostationary in default if it fails to meet any mile- orbit satellites and geostationary orbit stone deadline set forth in § 25.164, and, satellites, other than DBS and DARS at the time of milestone deadline, the satellite systems, will be required to licensee has not provided a sufficient comply with the schedule in paragraph basis for extending the milestone. (a) of this section with respect to the (d) A GSO licensee will be permitted geostationary orbit satellites, and with to reduce the amount of the bond by the schedule set forth in paragraph (b) $750,000 upon successfully meeting a of this section with respect to the non- milestone deadline set forth in section geostationary orbit satellites. 25.164(a) of this chapter. An NGSO li- (h) In cases where the Commission censee will be permitted to reduce the grants a satellite authorization in dif- amount of the bond by $1 million upon ferent stages, such as a license for a successfully meeting a milestone dead- satellite system using feeder links or line set forth in section 25.164(b) of this inter-satellite links, the earliest of the chapter.

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(e) A replacement satellite is one § 25.171 Contact information reporting that is: requirements. (1) Authorized to be operated at the If contact information filed in space same orbit location, in the same fre- station application or pursuant to quency bands, and with the same cov- § 25.170(b) or § 25.172(a)(1) changes, the erage area as one of the licensee’s ex- operator must file corrected informa- isting satellites, and tion electronically in the Commission’s (2) Scheduled to be launched so that International Bureau Filing System it will be brought into use at approxi- (IBFS), in the ‘‘Other Filings’’ tab of mately the same time as, but no later the station’s current authorization file. than, the existing satellite is retired. The operator must file the updated information within 10 days. [68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004] [79 FR 8321, Feb. 12, 2014]

REPORTING REQUIREMENTS FOR SPACE § 25.172 Requirements for reporting STATION OPERATORS space station control arrangements. (a) The operator of any space station § 25.170 Annual reporting require- licensed by the Commission or granted ments. U.S. market access must file the fol- All operators of U.S.-licensed space lowing information with the Commis- stations and operators of non-U.S.-li- sion prior to commencing operation censed space stations granted U.S. with the space station, or, in the case market access must, on June 30 of each of a non-U.S.-licensed space station, year, file a report with the Inter- prior to commencing operation with U.S. earth stations. national Bureau containing the fol- (1) The information required by lowing information: § 25.170(b). (a) Identification of any space sta- (2) The call signs of any telemetry, tion(s) not available for service or oth- tracking, and command earth sta- erwise not performing to specifications tion(s) communicating with the space as of May 31 of the current year, any station from any site in the United spectrum within the scope of the part States. 25 license or market access grant that (3) The location, by city and country, the space station is unable to use, the of any telemetry, tracking, and com- cause(s) of these difficulties, and the mand earth station that communicates date when the space station was taken with the space station from any point out of service or the malfunction was outside the United States. identified; and (4) Alternatively, instead of listing (b) A current listing of the names, ti- the call signs and/or locations of earth tles, addresses, email addresses, and stations currently used for telemetry, telephone numbers of the points of con- tracking, and command, the space sta- tact for resolution of interference prob- tion operator may provide 24/7 contact lems and for emergency response. Con- information for a satellite control cen- tact personnel should include those re- ter and a list of the call signs of any sponsible for resolution of short term, U.S. earth stations, and the locations immediate interference problems at of any non-U.S. earth stations, that are the system control center, and those used or may be used for telemetry, responsible for long term engineering tracking, and command communication 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 authorization file. If call sign or location infor- [79 FR 8321, Feb. 12, 2014] mation provided pursuant to paragraph

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(a) of this section becomes invalid due quency Allocations, 47 CFR 2.106, in- to a change of circumstances, the space cluding relevant footnotes, for band- station operator must file updated in- specific use restrictions and coordina- formation in the same manner within tion requirements. Restrictions and co- 30 days, except with respect to changes ordination conditions not mentioned in less than 30 days in duration, for which the Table of Frequency Allocations are no update is necessary. set forth in the annotations to the following list: [79 FR 8321, Feb. 12, 2014] Space-to-earth (GHz) Earth-to-space (GHz) § 25.173 Results of in-orbit testing. 3.6–3.65 ...... 5.091–5.25 (a) Space station operators must 3.65–3.7 ...... 5.85–5.925 measure the co-polarized and cross-po- 3.7–4.2 ...... 5.925–6.425 larized performance of space station 4.5–4.8 ...... 6.425–6.525 6.7–7.025 ...... 6.525–6.7 antennas through in-orbit testing and 7.025–7.075 ...... 6.7–7.025 submit the measurement data to the 10.7–11.7 ...... 7.025–7.075 Commission upon request. 11.7–12.2 ...... 12.7–12.75 12.2–12.7 ...... 12.75–13.25 (b) Within 15 days after completing 18.3–18.58 12 ...... 13.75–14 in-orbit testing of a space station li- 18.58–18.8 ...... 14–14.2 censed under this part, the operator 18.8–19.3 ...... 14.2–14.5 19.3–19.7 ...... 15.43–15.63 must notify the Commission that such 19.7–20.2 ...... 17.3–17.8 testing has been completed and certify 37.5–40 3 ...... 24.75–25.05 that the space station’s measured per- 40–42 ...... 25.05–25.25 formance is consistent with the station 2 27.5–28.35 4 28.35–28.6 authorization and that the space sta- 5 28.6–29.1 tion is capable of using its assigned fre- 6 29.1–29.25 quencies or inform the Commission of 7 29.25–29.5 4 29.5–30.0 any discrepancy. The licensee must 47.2–50.2 also indicate in the filing whether the 1 The 18.3–18.58 GHz band is shared co-equally with exist- space station has been placed in the as- ing terrestrial radiocommunication systems until November 19, 2012. signed geostationary orbital location 2 FSS is secondary to LMDS in this band. or non-geostationary orbit. If the li- 3 Use of this band by the Fixed-Satellite Service is limited to gateway earth station operations, provided the licensee under censee files a certification pursuant to this part obtains a license under part 101 of this chapter or an this paragraph before the space station agreement from a part 101 licensee for the area in which an earth station is to be located. Satellite earth station facilities in has been placed in its assigned orbit or this band may not be ubiquitously deployed and may not be orbital location, the licensee must sep- used to serve individual consumers. 4 This band is primary for GSO FSS and secondary for arately notify the Commission that the NGSO FSS. space station has been placed in such 5 This band is primary for NGSO FSS and secondary for GSO FSS. orbit or orbital location within 3 days 6 This band is primary for MSS feeder links and LMDS hub- after such placement and that the sta- to-subscriber transmission. 7 tion’s measured performance is con- This band is primary for MSS feeder links and GSO FSS. sistent with the station authorization. (2) [Reserved] (3) The following frequencies are [79 FR 8321, Feb. 12, 2014] available for use by the non-voice, non- geostationary mobile-satellite service: Subpart C—Technical Standards 137–138 MHz: Space-to-Earth 148–150.05 MHz: Earth-to-space SOURCE: 30 FR 7176, May 28, 1965; 36 FR 399.9–400.05 MHz: Earth-to-space 2562, Feb. 6, 1971, unless otherwise noted. 400.15–401 MHz: Space-to-Earth

§ 25.201 [Reserved] (4)(i) The following frequencies are available for use by the 1.6/2.4 GHz Mo- § 25.202 Frequencies, frequency toler- bile-Satellite Service: ance, and emission limits. 1610–1626.5 MHz: User-to-Satellite Link (a)(1) Frequency band. The following 1613.8–1626.5 MHz: Satellite-to-User Link frequencies are available for use by the (secondary) Fixed-Satellite Service. Precise fre- 2483.5–2500 MHz: Satellite-to-User Link quencies and bandwidths of emission (ii) The following frequencies are shall be assigned on a case-by-case available for use by the 2 GHz Mobile- basis. Refer to the U.S. Table of Fre- Satellite Service: 2000–2020 MHz: User-

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to-Satellite Link; 2180–2200 MHz: Sat- casting-satellite service is limited to trans- ellite-to-User Link. missions from geostationary satellite orbit (iii)(A) The following frequencies are systems to receiving earth stations located available for use by the 1.5/1.6 GHz Mo- outside of the United States and its Posses- sions. In the United States and its Posses- bile-Satellite Service: sions, the 17.7–17.8 GHz band is allocated on 1525–1559 MHz: space-to-Earth a primary basis to the Fixed Service. 1626.5–1660.5 MHz: Earth-to-space (10)(i) The following frequencies are (B) The use of the frequencies 1544– available for use by Vehicle-Mounted 1545 MHz and 1645.5–1646.5 MHz is lim- Earth Stations (VMESs): ited to distress and safety communica- 10.95–11.2GHz (space-to-Earth) tions. 11.45–11.7GHz (space-to-Earth) (5) The following frequencies are 11.7–12.2GHz (space-to-Earth) available for use by the inter-satellite 14.0–14.5GHz (Earth-to-space) service: (ii) VMESs shall be authorized as set 22.55–23.00 GHz forth in § 25.226. 23.00–23.55 GHz (11)(i) The following frequencies are 24.45–24.65 GHz available for use by Earth Stations 24.65–24.75 GHz Aboard Aircraft (ESAA): 54.25–56.90 GHz 57.00–58.20 GHz 10.95–11.2 GHz (space-to-Earth) 65.00–71.00 GHz 11.45–11.7 GHz (space-to-Earth) (6) The following frequencies are 11.7–12.2 GHz (space-to-Earth) available for use by the Satellite Dig- 14.0–14.5 GHz (Earth-to-space) ital Audio Radio Service (SDARS), and (ii) ESAAs shall be authorized as set for any associated terrestrial repeat- forth in § 25.227. ers: 2320–2345 MHz (space-to-Earth) (b) Other frequencies and associated bandwidths of emission may be as- (7) The following frequencies are signed on a case-by-case basis to space available for use by the Direct Broad- systems under this part in conform- cast Satellite service: ance with § 2.106 of this chapter and the 12.2–12.7 GHz: Space-to-Earth. Commission’s rules and policies. 12.2–12.7 GHz: Space-to-Earth. (c) [Reserved] (8) The following frequencies are (d) Frequency tolerance, Earth stations. available for use by ESVs: The carrier frequency of each earth 3700–4200 MHz (space-to-Earth) station transmitter authorized in these 5925–6425 MHz (Earth-to-space) services shall be maintained within 10.95–11.2 GHz (space-to-Earth) 0.001 percent of the reference fre- 11.45–11.7 GHz (space-to-Earth) quency. 11.7–12.2 GHz (space-to-Earth) (e) Frequency tolerance, space stations. 14.0–14.5 GHz (Earth-to-space) The carrier frequency of each space ESVs shall be authorized and coordi- station transmitter authorized in these nated as set forth in §§ 25.221 and 25.222. services shall be maintained within ESV operators, collectively, may co- 0.002 percent of the reference fre- ordinate up to 180 megahertz of spec- quency. trum in the 5925–6425 MHz (Earth-to- (f) Emission limitations. Except for space) band for all ESV operations at SDARS terrestrial repeaters and as any given location subject to coordina- provided for in paragraph (i), the mean tion. power of emissions shall be attenuated (9) The following frequencies are below the mean output power of the available for use by the Broadcasting- transmitter in accordance with the Satellite Service after 1 April 2007: schedule set forth in paragraphs (f)(1) 17.3–17.7 GHz (space-to-Earth) through (f)(4) of this section. The out- 17.7–17.8 GHz (space-to-Earth) of-band emissions of SDARS terrestrial repeaters shall be attenuated in ac- NOTE 1 TO PARAGRAPH (a)(9): Use of the 17.3– cordance with the schedule set forth in 17.7 GHz band by the broadcasting-satellite service is limited to geostationary satellite paragraph (h) of this section. orbit systems. (1) In any 4 kHz band, the center fre- NOTE 2 TO PARAGRAPH (a)(9): Use of the 17.7– quency of which is removed from the 17.8 GHz band (space-to-Earth) by the broad- assigned frequency by more than 50

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percent up to and including 100 percent tice, SDARS repeaters within the area of the authorized bandwidth: 25 dB; notified by the potentially affected (2) In any 4 kHz band, the center fre- WCS licensee must attenuate out-of- quency of which is removed from the band emissions to the levels specified assigned frequency by more than 100 in paragraphs (h)(1) and (h)(2) of this percent up to and including 250 percent section. of the authorized bandwidth: 35 dB; (4) For the purpose of this section, a (3) In any 4 kHz band, the center fre- WCS licensee is potentially affected if quency of which is removed from the it is authorized to operate a base sta- assigned frequency by more than 250 tion in the 2305–2315 MHz or 2350–2360 percent of the authorized bandwidth: MHz bands within 25 kilometers of a re- An amount equal to 43 dB plus 10 times peater seeking to operate with an out the logarithm (to the base 10) of the of band emission attenuation factor transmitter power in watts; less than those prescribed in para- (4) In any event, when an emission graphs (h)(1) or (2) of this section. outside of the authorized bandwidth (i) The WCS licensee is authorized to causes harmful interference, the Com- operate a base station in the 2305–2315 mission may, at its discretion, require MHz or 2350–2360 MHz bands in the greater attenuation than specified in same Major Economic Area (MEA) as paragraphs (f) (1), (2) and (3) of this sec- that in which a SDARS terrestrial re- tion. peater is located. (g) Telemetry, tracking and com- (ii) The WCS licensee is authorized to mand functions must be conducted at operate a base station in the 2315–2320 either or both edges of the allocated MHz or 2345–2350 MHz bands in the band(s). Frequencies, polarization and same Regional Economic Area Group- coding shall be selected to minimize in- ing (REAG) as that in which a SDARS terference into other satellite net- terrestrial repeater is located. works and within their own satellite (iii) A SDARS terrestrial repeater is system. located within 5 kilometers of the (h) Out-of-band emission limitations for boundary of an MEA or REAG in which SDARS terrestrial repeaters. (1) Any the WCS licensee is authorized to oper- SDARS terrestrial repeater operating ate a WCS base station. at a power level greater than 2-watt av- (i) The following unwanted emissions erage EIRP is required to attenuate its power limits for non-geostationary sat- out-of-band emissions below the trans- ellites operating in the inter-satellite mitter power P by a factor of not less service that transmit in the 22.55–23.55 than 90 + 10 log (P) dB in a 1-megahertz GHz band shall apply in any 200 MHz of bandwidth outside the 2320–2345 MHz the 23.6–24 GHz passive band, based on band, where P is average transmitter the date that complete advance publi- output power in watts. cation information is received by the (2) Any SDARS terrestrial repeater ITU’s Radiocommunication Bureau: operating at a power level equal to or (1) For information received before less than 2-watt average EIRP is re- January 1, 2020: ¥36 dBW. quired to attenuate its out-of-band (2) For information received on or emissions below the transmitter power after January 1, 2020: ¥46 dBW. P by a factor of not less than 75 + 10 log (j) For earth stations in the Fixed- (P) dB in a 1-megahertz bandwidth out- Satellite Service (Earth-to-space) that side the 2320–2345 MHz band, where P is transmit in the 49.7–50.2 GHz and 50.4– average transmitter output power in 50.9 GHz bands, the unwanted emission watts. power in the 50.2–50.4 GHz band shall (3) SDARS repeaters are permitted to not exceed ¥20 dBW/200 MHz (measured attenuate out-of-band emissions less at the input of the antenna), except than the levels specified in paragraphs that the maximum unwanted emission (h)(1) and (h)(2), of this section unless a power may be increased to ¥10 dBW/200 potentially affected WCS licensee pro- MHz for earth stations having an an- vides written notice that it intends to tenna gain greater than or equal to 57 commence commercial service within dBi. These limits apply under clear-sky the following 365 days. Starting 180 conditions. During fading conditions, days after receipt of such written no- the limits may be exceeded by earth

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stations when using uplink power con- and/or actual measurements) of any trol. special techniques, such as the use of [30 FR 7176, May 28, 1965] artificial site shielding, or operating procedures or restrictions at the pro- EDITORIAL NOTE: For FEDERAL REGISTER ci- posed earth station which are to be em- tations affecting § 25.202, see the List of CFR ployed to reduce the likelihood of in- Sections Affected, which appears in the Finding Aids section of the printed volume terference, or of any particular charac- and at www.fdsys.gov. teristics of the earth station site which could have an effect on the calculation § 25.203 Choice of sites and fre- of the coordination distance. quencies. (c) Prior to the filing of its applica- (a) Sites and frequencies for earth tion, an applicant for operation of an stations, other than ESVs, operating in earth station, other than an ESV, frequency bands shared with equal VMES or ESAA, shall coordinate the rights between terrestrial and space proposed frequency usage with existing services, shall be selected, to the ex- terrestrial users and with applicants tent practicable, in areas where the for terrestrial station authorizations surrounding terrain and existing fre- with previously filed applications in quency usage are such as to minimize accordance with the following proce- the possibility of harmful interference dure: between the sharing services. (1) An applicant for an earth station (b) An applicant for an earth station authorization shall perform an inter- authorization, other than an ESV, in a ference analysis in accordance with the frequency band shared with equal procedures set forth in § 25.251 for each 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 characteristics of the earth station antenna(s), (i) The geographical coordinates of 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,

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(vii) Antenna horizon gain plot(s) de- distance contours and rain scatter co- termined in accordance with § 25.251 for ordination distance contours, com- satellite longitude range specified in puted for those values of parameters paragraph (c)(2)(v) of this section, tak- indicated in § 25.251 (Appendix 7 of the ing into account the provisions of ITU RR) for international coordina- § 25.251 for earth stations operating tion, cross the boundaries of another with non-geostationary satellites, Administration. In this case, the appli- (viii) Minimum elevation angle, cant shall furnish the Commission cop- (ix) Maximum equivalent ies of these contours on maps drawn to isotropically radiated power (e.i.r.p.) appropriate scale for use by the Com- density in the main beam in any 4 kHz mission in effecting coordination of the band, (dBW/4 kHz) for frequency bands proposed earth station with the Admin- below 15 GHz or in any 1 MHz band istration(s) affected. (dBW/MHz) for frequency band above 15 (e) Protection for Table Mountain GHz, Radio Receiving Zone, Boulder County, (x) Maximum available RF transmit Colorado. power density in any 1 MHz band and in (1) Applicants for a station author- any 4 kHz band at the input terminals ization to operate in the vicinity of of the antenna(s), Boulder County, Colorado under this (xi) Maximum permissible RF inter- part are advised to give due consider- ference power level as determined in ation, prior to filing applications, to accordance with § 25.251 for all applica- the need to protect the Table Mountain ble percentages of time, and Radio Receiving Zone from harmful in- (xii) A plot of great circle coordina- terference. These are the research lab- tion distance contour(s) and rain scat- oratories of the Department of Com- ter coordination distance contour(s) as merce, Boulder County, Colorado. To determined by § 25.251. prevent degradation of the present am- (3) The coordination procedures spec- bient radio signal level at the site, the ified in § 101.103 of this chapter and Department of Commerce seeks to en- § 25.251 shall be applicable except that sure that the field strengths of any ra- the information to be provided shall be diated signals (excluding reflected sig- that set forth in paragraph (c)(2) of this nals) received on this 1800 acre site (in section, and that the 30-day period al- the vicinity of coordinates 40°07′50″ N lowed for response to a request for co- Latitude, 105°14′40″ W Longitude) re- ordination may be increased to a max- sulting from new assignments (other imum of 45 days by mutual consent of than mobile stations) or from the the parties. modification or relocation of existing (4) Where technical problems are re- facilities do not exceed the following solved by an agreement or operating values: arrangement between the parties that In authorized bandwidth would require special procedures be of service taken to reduce the likelihood of harm- Frequency range Field Power flux ful interference (such as the use of arti- strength density 1 ficial site shielding) or would result in (mV/m) (dBW/m2) lessened quality or capacity of either Below 540 kHz ...... 10 ¥65.8 system, the details thereof shall be 540 to 1600 kHz ...... 20 ¥59.8 contained in the application. 1.6 to 470 MHz ...... 10 2¥65.8 470 to 890 MHz ...... 30 2¥56.2 (5) The Commission may, in the Above 890 MHz ...... 1 2¥85.8 course of examining any application, 1 Equivalent values of power flux density are calculated as- require the submission of additional suming free space characteristic impedance of 376.7 = 120π showings, complete with pertinent data ohms. 2 Space stations shall conform to the power flux density lim- and calculations in accordance with its at the earth’s surface specified in appropriate parts of the § 25.251, showing that harmful inter- FCC rules, but in no case should exceed the above levels in ference is not likely to result from the any 4 kHz band for all angles of arrival. proposed operation. (2) Advance consultation is rec- (d) An applicant for operation of an ommended particularly for those appli- earth station, other than an ESV, cants who have no reliable data which VMES or an ESAA, shall also ascertain indicates whether the field strength or whether the great circle coordination power flux density figures in the above

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table would be exceeded by their pro- change the station’s frequency, power, posed radio facilities (except mobile antenna height or directivity, or loca- stations). In such instances, the fol- tion must, when filing the application lowing is a suggested guide for deter- with the Commission, simultaneously mining whether coordination is rec- notify the Director, National Radio As- ommended: tronomy Observatory, P.O. Box No. 2, (i) All stations within 2.5 kilometers; Green Bank, W. Va. 24944, in writing, of (ii) Stations within 5 kilometers with the technical particulars of the pro- 50 watts or more average effective radi- posed station. Such notification shall ated power (ERP) in the primary plane include the geographical coordinates of of polarization in the azimuthal direc- the antenna, antenna height, antenna tion of the Table Mountain Radio Re- directivity if any, proposed frequency, ceiving Zone; type of emission, and power. In addi- (iii) Stations within 15 kilometers tion, the applicant shall indicate in his with 1 kW or more average ERP in the application to the Commission the date primary plane of polarization in the az- notification was made to the observ- imuthal direction of Table Mountain 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 in the vicinity of an vance consultation has taken place. FCC monitoring station for a radio sta- However, applicants are advised that tion authorization to operate new such consultation can avoid objections transmitting facilities or changed from the Department of Commerce or transmitting facilities which would in- proceedings to modify any authoriza- crease the field strength produced over tion which may be granted which, in the monitoring station over that pre- fact, delivers a signal at the site in ex- viously authorized are advised to give cess of the field strength specified consideration, prior to filing applica- herein. tions, to the possible need to protect (f) Notification to the National Radio the FCC stations from harmful inter- Astronomy Observatory: In order to minimize possible harmful interference at ference. Geographical coordinates of the National Radio Astronomy Observ- the facilities which require protection atory site at Green Bank, Pocahontas are listed in § 0.121(c) of the Commis- County, W. Va., and at the Naval Radio sion’s Rules. Applications for stations Research Observatory site at Sugar (except mobile stations) which will Grove, Pendleton County, W. Va., any produce on any frequency a direct wave applicant for operating authority fundamental field strength of greater under this part for a new station, other than 10 mV/m in the authorized band- than a mobile or temporary fixed sta- width of service (¥65.8 dBW/m2 power tion, within the area bounded by 39°15′ flux density assuming a free space N. on the north, 78°30′ W. on the east, characteristic impedance of 120 ohms) 37°30′ N. on the south and 80°30′ W. on at the referenced coordinates, may be the west or for modification of an ex- examined to determine extent of pos- isting license for such station to sible interference. Depending on the

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theoretical field strength value and ex- thorization which will cause harmful isting root-sum-square or other ambi- interference. ent radio field signal levels at the indi- (h) Sites and frequencies for GSO and cated coordinates, a clause protecting NGSO earth stations, operating in a the monitoring station may be added frequency band where both have a co- to the station authorization. primary allocation, shall be selected to (2) In the event that the calculated avoid earth station antenna mainlobe- value of the expected field strength ex- to-satellite antenna mainlobe coupling, ceeds 10 mV/m (¥65.8 dBW/m2) at the between NGSO systems and between reference coordinates, or if there is any NGSO and GSO systems, in order to question whether field strength levels minimize the possibility of harmful in- might exceed the threshold value, ad- terference between these services. vance consultation with the FCC to Prior to filing an earth station applica- discuss any protection necessary tion, in bands with co-primary alloca- should be considered. See § 0.401 of this tions to NGSO and GSO earth stations, chapter for contact information. the applicant shall coordinate the pro- (3) Advance consultation is suggested posed site and frequency usage with ex- particularly for those applicants who isting earth station licensees and with have no reliable data which indicates current earth station authorization ap- whether the field strength or power plicants. 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 frequency, power, antenna height, direc- (i) All stations within 2.5 kilometers; tivity, or location of such a station on (ii) Stations within 5 kilometers with one of these islands in a way that 50 watts or more average effective radi- would increase the likelihood of caus- ated power (ERP) in the primary plane ing interference, must notify the Inter- of polarization in the azimuthal direc- ference Office, Arecibo Observatory, tion of the Monitoring Station; HC3 Box 53995, Arecibo, Puerto Rico (iii) Stations within 15 kilometers 00612, in writing or electronically, of with 1 kW or more average ERP in the the technical parameters of the pro- primary plane of polarization in the az- posal. Applicants may wish to consult imuthal direction of the Monitoring interference guidelines, which will be Station; provided by Cornell University. Appli- (iv) Stations within 80 kilometers cants who choose to transmit informa- with 25 kW or more average ERP in the tion electronically should e-mail to: primary plane of polarization in the az- [email protected]. imuthal direction of the Monitoring (1) The notification to the Inter- Station. ference Office, Arecibo Observatory (4) Advance coordination for stations shall be made prior to, or simulta- operating above 1000 MHz is rec- neously with, the filing of the applica- ommended only where the proposed tion with the Commission. The notifi- station is in the vicinity of a moni- cation must specify the geographical toring station designated as a satellite coordinates of the antenna (NAD–83 monitoring facility in § 0.121(c) of this datum), antenna height above ground, chapter and also meets the criteria ground elevation at the antenna, an- outlined in paragraphs (g)(2) and (3) of tenna directivity and gain, proposed this section. frequency, relevant FCC rule part, type (5) The Commission will not screen of emission, effective radiated power, applications to determine whether ad- and whether the proposed use is vance consultation has taken place. itinerant. Generally, submission of the However, applicants are advised that information in the technical portion of such consultation can avoid objections the FCC license application is adequate from the Federal Communications notification. In addition, the applicant Commission or modification of any au- shall indicate in its application to the

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Commission the date notification was 25.25 GHz band may be licensed only in made to the Arecibo Observatory. Economic Areas where no existing FS (2) After receipt of such applications, licensee has been authorized, and shall the Commission will allow the Arecibo coordinate their operations with 24 Observatory a period of 20 days for GHz fixed service operations if the comments or objections in response to power flux density of their transmitted the notification indicated. The appli- signal at the boundary of the fixed cant will be required to make reason- service license area is equal to or able efforts in order to resolve or miti- greater than ¥114 dBW/m2 in any 1 gate any potential interference prob- MHz. lem with the Arecibo Observatory and (1) When uplink adaptive power con- to file either an amendment to the ap- trol is used, the EIRP used for calcula- plication or a modification application, tion of the power flux density level as appropriate. If the Commission de- should be the maximum possible, tak- termines that an applicant has satis- ing into account the adaptive power in- fied its responsibility to make reason- crease. able efforts to protect the Observatory (2) The power flux density levels from interference, its application may should be calculated based on the ac- be granted. tual off-axis gain characteristics of the (3) The provisions of this paragraph earth station antenna, and should as- do not apply to operations that trans- sume free space propagation condi- mit on frequencies above 15 GHz. tions. (j) Applicants for non-geostationary (3) When determining whether the 1.6/2.4 GHz Mobile-Satellite Service/ power flux density threshold limit is Radiodetermination-Satellite Service exceeded at the 24 GHz FS licensing feeder links in the 17.7–20.2 GHz and boundary, a feeder link earth station 27.5–30.0 GHz bands shall indicate the applicant must take into account not frequencies and spacecraft antenna only the transmissions from its own gain contours towards each feeder-link antenna(s), but also those from any earth station location and will coordi- previously authorized feeder link earth nate with licensees of other Fixed-Sat- stations. Thus, if the cumulative power ellite Service and terrestrial-service flux density level at the FS license systems sharing the band to determine boundary is in excess of ¥114 dBW/m2/ geographic protection areas around MHz, the earth station applicant must each non-geostationary Mobile-Sat- either modify its proposed operations ellite Service/Radiodetermination-Sat- such that this value is not exceeded, or ellite Service feeder-link earth station. enter into coordination with the af- (k) An applicant for operation of an fected FS licensee. earth station, other than an ESV, VMES or an ESAA, that will operate [30 FR 7176, May 28, 1965] with a geostationary satellite or non- EDITORIAL NOTE: For FEDERAL REGISTER ci- geostationary satellite in a shared fre- tations affecting § 25.203, see the List of CFR quency band in which the non-geo- Sections Affected, which appears in the stationary system is (or is proposed to Finding Aids section of the printed volume and at www.fdsys.gov. be) licensed for feeder links, shall demonstrate in its applications that its § 25.204 Power limits for earth sta- proposed earth station will not cause tions. unacceptable interference to any other (a) In bands shared coequally with satellite network that is authorized to terrestrial radio communication serv- operate in the same frequency band, or ices, the equivalent isotropically radi- certify that the operations of its earth ated power transmitted in any direc- station shall conform to established co- tion towards the horizon by an earth ordination agreements between the op- station, other than an ESV, operating erator(s) of the space station(s) with in frequency bands between 1 and 15 which the earth station is to commu- GHz, shall not exceed the following nicate and the operator(s) of any other limits except as provided for in para- space station licensed to use the band. graph (c) of this section: (l) Applicants for feeder link earth station facilities operating in the 25.05– + 40 dBW in any 4 kHz band for q ≤0° 232

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+ 40 + 3q dBW in any 4 kHz band for 0° soon as the attenuating weather pat-

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percent of the actual amount of mon- § 25.205 Minimum angle of antenna itored excess attenuation in dB, which- elevation. ever is larger, with a confidence level (a) Earth station antennas shall not of 90 percent except over transient pe- normally be authorized for trans- riods accounting for no more than 0.5 mission at angles less than 5° measured percent of the time during which the from the horizontal plane to the direc- excess is no more than 4.0 dB. tion of maximum radiation. However, (f) An earth station in the Fixed-Sat- upon a showing that the transmission ellite Service transmitting in the 13.75– path will be seaward and away from 14 GHz band must have a minimum an- land masses or upon special showing of tenna diameter of 4.5 m, and the EIRP need for lower angles by the applicant, of any emission in that band should be at least 68 dBW and should not exceed the Commission will consider authorizing transmissions at angles between 85 dBW. ° ° (g) [Reserved] 3 and 5 in the pertinent directions. In (h) ESV transmissions in the 5925– certain instances, it may be necessary 6425 MHz (Earth-to-space) band shall to specify minimum angles greater ° not exceed an e.i.r.p. spectral density than 5 because of interference consid- towards the radio-horizon of 17 dBW/ erations. MHz, and shall not exceed an e.i.r.p. to- (b) ESVs making a special showing wards the radio-horizon of 20.8 dBW. requesting angles of elevation less than The ESV network shall shut-off the 5° measured from the horizontal plane ESV transmitter if the e.i.r.p. spectral to the direction of maximum radiation density towards the radio-horizon or pursuant to (a) of this Section must e.i.r.p. towards the radio-horizon are still meet the effective isotropically exceeded. radiated power (e.i.r.p.) and e.i.r.p. den- (i) Within 125 km of the TDRSS sites sity towards the horizon limits con- identified in § 25.222(d), ESV trans- tained in § 25.204(h) and (i). missions in the 14.0–14.2 GHz (Earth-to- (c) VMESs making a special showing space) band shall not exceed an e.i.r.p. requesting angles of elevation less than spectral density towards the horizon of 5° measured from the horizontal plane 12.5 dBW/MHz, and shall not exceed an to the direction of maximum radiation e.i.r.p. towards the horizon of 16.3 dBW. pursuant to (a) of this section must (j) Within 125 km of the Tracking and still meet the EIRP and EIRP density Data Relay System Satellite (TDRSS) towards the horizon limits contained in sites identified in § 25.226(c), VMES § 25.204(j). transmissions in the 14.0–14.2 GHz (d) While on the ground, ESAAs shall (Earth-to-space) band shall not exceed not be authorized for transmission at an EIRP spectral density towards the angles less than 5° measured from the horizon of 12.5 dBW/MHz, and shall not plane of the horizon to the direction of exceed an EIRP towards the horizon of maximum radiation. While in flight 16.3 dBW. there is no minimum angle of antenna (k) Within radio line-of-sight of the elevation. Tracking and Data Relay System Sat- ellite (TDRSS) sites identified in [70 FR 4784, Jan. 31, 2005, as amended at 74 § 25.227(c), ESAA transmissions in the FR 57099, Nov. 4, 2009; 78 FR 14927, Mar. 8, 14.0–14.2 GHz (Earth-to-space) band 2013] shall not exceed an EIRP spectral den- § 25.206 Station identification. sity towards or below the horizon of 12.5 dBW/MHz, and shall not exceed an The requirement to transmit station EIRP towards or below the horizon of identification is waived for all radio 16.3 dBW. stations licensed under this part with the exception of earth stations subject [48 FR 40255, Sept. 6, 1983, as amended at 58 to the requirements of § 25.281. FR 13420, Mar. 11, 1993; 61 FR 52307, Oct. 7, 1996; 62 FR 61457, Nov. 18, 1997; 66 FR 10623, [79 FR 8322, Feb. 12, 2014] Feb. 16, 2001; 70 FR 4784, Jan. 31, 2005; 70 FR 32255, June 2, 2005; 72 FR 50029, Aug. 29, 2007; § 25.207 Cessation of emissions. 74 FR 57098, Nov. 4, 2009; 78 FR 8427, Feb. 6, 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. Space stations shall be made capable 12, 2004] of ceasing radio emissions by the use of

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appropriate devices (battery life, tim- + (d¥5)/2 dB(W/m2) in any 1 MHz band ing devices, ground command, etc.) for angles of arrival (d) (in degrees) be- that will ensure definite cessation of tween 5 and 25 degrees above the hori- emissions. zontal plane; and ¥116 dB(W/m2) in any 1 MHz band for angles of arrival be- § 25.208 Power flux density limits. tween 25 and 90 degrees above the hori- (a) In the band 3650–4200 MHz, the zontal plane. power flux density at the Earth’s surface produced by emissions from a NOTE TO PARAGRAPH (b): These limits relate to the power flux density, which would be ob- space station for all conditions and for tained under assumed free-space propagation all methods of modulation shall not ex- conditions. ceed the following values: (c) In the 17.7–17.8 GHz, 18.3–18.8 GHz, ¥ 2 152 dB(W/m ) in any 4 kHz band for angles 19.3–19.7 GHz, 22.55–23.00 GHz, 23.00–23.55 of arrival between 0 and 5 degrees above the horizontal plane; GHz, and 24.45–24.75 GHz frequency ¥152 + (d¥5)/2 dB(W/m2) in any 4 kHz band bands, the power flux density at the for angles of arrival d (in degrees) between Earth’s surface produced by emissions 5 and 25 degrees above the horizontal from a space station for all conditions plane; and for all methods of modulation shall not ¥ 2 142 dB(W/m ) in any 4 kHz band for angles exceed the following values: of arrival between 25 and 90 degrees above 2 the horizontal plane (1) ¥115 dB (W/m ) in any 1 MHz band for angles of arrival between 0 and 5 de- These limits relate to the power flux grees above the horizontal plane. density which would be obtained under (2) ¥115 + 0.5 (d-5) dB (W/m2) in any 1 assumed free-space propagation condi- MHz band for angles of arrival d (in de- tions. grees) between 5 and 25 degrees above (b) In the bands 10.95–11.2 and 11.45– the horizontal plane. 11.7 GHz for GSO FSS space stations (3) ¥105 dB (W/m2) in any 1 MHz band and 10.7–11.7 GHz for NGSO FSS space for angles of arrival between 25 and 90 stations, the power flux-density at the degrees above the horizontal plane. Earth’s surface produced by emissions (d) In addition to the limits specified from a space station for all conditions and for all methods of modulation shall in paragraph (c) of this section, the not exceed the lower of the following power flux-density across the 200 MHz values: band 18.6–18.8 GHz produced at the (1) ¥150 dB(W/m2) in any 4 kHz band Earth’s surface by emissions from a for angles of arrival between 0 and 5 de- space station under assumed free-space grees above the horizontal plane; ¥150 propagation conditions shall not ex- ¥ 2 + (d¥5)/2 dB(W/m2) in any 4 kHz band ceed 95 dB (W/m ) for all angles of ar- for angles of arrival (d) (in degrees) be- rival. This limit may be exceeded by up tween 5 and 25 degrees above the hori- to 3 dB for no more than 5% of the zontal plane; and ¥140 dB(W/m2) in any time. 4 kHz band for angles of arrival be- (e) In the 18.8–19.3 GHz frequency tween 25 and 90 degrees above the hori- band, the power flux-density at the zontal plane; or Earth’s surface produced by emissions (2) ¥126 dB(W/m2) in any 1 MHz band from a space station for all conditions for angles of arrival between 0 and 5 de- and for all methods of modulation shall grees above the horizontal plane; ¥126 not exceed the following values:

¥115¥X dB(W/m2 ÷ MHz) ...... for 0° ≤d <5° ¥115¥X + ((10 + X)/20)(d¥5)dB(W/m2 ÷ MHz) ...... for 5° ≤d <25° ¥105 dB(W/m2 ÷ MHz) ...... for 25° ≤d <90°

Where: X is defined as a function of the number of d: is the angle of arrival above the horizontal satellites in the non-GSO FSS constella- plane; and tion, n, as follows: for n ≤50 ...... X = 0 (dB) for 50

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for n >288 ...... X = (1/69) (n + 402) (dB) by emissions from all co-frequency (f) [Reserved] space stations of a single non-geo- (g) In the 10.7–11.7 GHz and 11.7–12.2 stationary-satellite orbit (NGSO) sys- GHz bands, the single-entry equivalent tem operating in the Fixed-Satellite power-flux density in the space-to- Service (FSS) shall not exceed the fol- Earth direction (EPFDdown), at any lowing limits for the given percentages point on the Earth’s surface, produced of time. Tables 1G and 2G follow:

TABLE 1G—SINGLE-ENTRY EPFDdown LIMITS FOR PROTECTION OF 0.6, 1.2, 3 AND 10 METER GSO FSS EARTH STATION ANTENNAS 12

Percentage of time during Frequency band (GHz) for Inter- Single-entry which Reference Reference antenna diameter and national EPFDdown bandwidth 3 2 EPFDdown reference radiation pattern Allocations dB(W/m ) level may not (kHz) be exceeded

10.7–11.7 in all Regions; 11.7–12.2 ¥175.4 0 40 60 cm, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥174 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥170.8 99 and 3. ¥165.3 99.73 ¥160.4 99.991 ¥160 99.997 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥181.9 0 40 1.2 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥178.4 99.5 S.1428. 3; and 12.5–12.75 in Regions 1 ¥173.4 99.74 and 3. ¥173 99.857 ¥164 99.954 ¥161.6 99.984 ¥161.4 99.991 ¥160.8 99.997 ¥160.5 99.997 ¥160 99.9993 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥190.45 0 40 3 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥189.45 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥187.45 99.5 and 3. ¥182.4 99.7 ¥182 99.855 ¥168 99.971 ¥164 99.988 ¥162 99.995 ¥160 99.999 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥195.45 0 40 10 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥195.45 99 S.1428. 3; and 12.5–12.75 in Regions 1 ¥190 99.65 and 3. ¥190 99.71 ¥172.5 99.99 ¥160 99.998 ¥160 100

1 In addition to the limits shown in Table 1G, the limits shown in Table 2G shall apply to all antenna sizes greater than 60 cm in the frequency bands listed in Table 1G. 2 For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in decibels for the EPFD levels and logarithmic for the time percentages, with straight lines joining the data points. 3 The earth station antenna reference radiation patterns are to be used only for the calculation of interference from NGSO FSS systems into GSO FSS systems.

TABLE 2G—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 100% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

–160 ...... 0 <| Latitude | ≤57.5. –160 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 <| Latitude | ≤63.75 –165.3 ...... 63.75 ≤| Latitude |

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NOTE TO PARAGRAPH (g): These limits relate point on the Earth’s surface, produced to the equivalent power flux density, which by emissions from all co-frequency would be obtained under free-space propaga- space stations of all non-geostationary- tion conditions, for all conditions and for all methods of modulation. satellite orbit systems operating in the Fixed-Satellite Service (FSS) shall not (h) In the 10.7–11.7 GHz and 11.7–12.2 exceed the following limits for the GHz bands, the aggregate equivalent given percentages of time. Tables 1H power-flux density in the space-to- and 2H follow: Earth direction (EPFDdown), at any

TABLE 1H—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 0.6, 1.2, 3 AND 10 METER GSO FSS EARTH STATION ANTENNAS 1

Percentage of time during Frequency band (GHz) for Inter- Aggregate which Reference Reference antenna diameter and EPFDdown bandwidth 2 national Allocations 2 EPFDdown may reference radiation pattern dB(W/m ) not be (kHz) exceeded

10.7–11.7 in all Regions; 11.7–12.2 ¥170 0 40 60 cm, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥168.6 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥165.3 99 and 3. ¥160.4 99.97 ¥160 99.99 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥176.5 0 40 1.2 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥173 99.5 S.1428. 3; and 12.5–12.75 in Regions 1 ¥164 99.84 and 3. ¥161.6 99.945 ¥164.4 99.97 ¥160.8 99.99 ¥160.5 99.99 ¥160 99.9975 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥185 0 40 3 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥184 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥182 99.5 and 3. ¥168 99.9 ¥164 99.96 ¥162 99.982 ¥160 99.997 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥190 0 40 10 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥190 99 S.1428. 3; and 12.5–12.75 in Regions 1 ¥166 99.99 and 3. ¥160 99.998 ¥160 100

1 In addition to the limits shown in Table 1H, the aggregate EPFDdown limits shown in Table 2H shall apply to all antenna sizes greater than 60 cm in the frequency bands listed in Table 1H. 2 The earth station antenna reference patterns are to be used only for the calculation of interference from NGSO FSS systems into GSO FSS systems.

TABLE 2H—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 100% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

–160 ...... 0 <| Latitude | ≤57.5 –160 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 <| Latitude | ≤63.75 –165.3 ...... 63.75 ≤| Latitude |

NOTE TO PARAGRAPH (h): These limits re- (i) In the 10.7–11.7 GHz and 11.7–12.2 late to the equivalent power flux density, GHz bands, the additional operational which would be obtained under free-space equivalent power-flux density, in the propagation conditions, for all conditions space-to-Earth direction, (additional and for all methods of modulation. operational EPFDdown) at any point on 237

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the Earth’s surface, produced by actual tem operating in the Fixed-Satellite operational emissions from all co-fre- Service (FSS) shall not exceed the fol- quency space stations of a non-geo- lowing operational limits for the given stationary-satellite orbit (NGSO) sys- percentages of time:

ADDITIONAL OPERATIONAL LIMITS ON THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS INTO 3 M AND 10 M GSO FSS EARTH STATION ANTENNAS

Percentage of time during 2 Receive GSO earth station EPFDdown dB(W/(m /40 kHz)) which EPFDdown may not be exceeded antenna diameter (m)

¥182 ...... 99.9. ¥179 ...... 99.94. ¥176 ...... 99.97. ¥171 ...... 99.98. ¥168 ...... 99.984 ...... 3. ¥165 ...... 99.993. ¥163 ...... 99.999. ¥161.25 ...... 99.99975.

¥161.25 ...... 100. ¥185 ...... 99.97. ¥183 ...... 99.98. ¥179 ...... 99.99. ¥175 ...... 99.996. ¥171 ...... 99.998 ...... 10. ¥168 ...... 99.999. ¥166 ...... 99.9998. ¥166 ...... 100.

NOTE TO PARAGRAPH (i): These limits relate at any point on the Earth’s surface, to the equivalent power flux density, which produced by actual operational emis- is obtained under free-space propagation sions from the in-line co-frequency conditions, for all conditions and for all methods of modulation. space station of a non-geostationary- satellite orbit (NGSO) system oper- (j) In the 10.7–11.7 GHz and 11.7–12.2 ating in the Fixed-Satellite Service GHz bands, the operational equivalent (FSS) shall not exceed the following power-flux density, in the space-to- operational limits for 100% of the time: Earth direction, (operational EPFDdown)

OPERATIONAL LIMITS TO THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS 1

Percentage Receive of time dur- Reference GSO earth Orbital inclination Frequency band (GHz) for International alloca- EPFDdown ing which 2 bandwidth station an- of GSO satelite tions dB(W/m ) EPFDdown (kHz) tenna di- (degrees) may not be 2 exceeded ameter (m)

Prior to 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Regions 2; 12.2–12.5 in Region 3; and 12.5;–12.75 in Regions 1 and 3 ¥163 3 ¥166 6 ¥167.5 9 ¥169.5 ≥18 100 ≤2.5 40 Prior to 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Region 2; 12.2–12.5 in Re- gion 3; and 12.5–12.75 in Regions 1 and 3 ..... ¥160 3 ¥163 6 ¥164.5 9 ¥166.5 ≥18 100 >2.5 and 40 ≤4.5

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OPERATIONAL LIMITS TO THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS 1—Continued

From 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Region 2; 12.2–12.5 in Re- gion 3; and 12.5–12.75 in Regions 1 and 3 ..... ¥161.25 3 ¥164 6 ¥165.5 9 ¥167.5 ≥18 100 ≤2.5 40

From 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Region 2; 12.2–12.5 in Re- gion 3; and 12.5–12.75 in Regions 1 and 3 ..... ¥158.25 3 ¥161 6 ¥162.5 9 ¥164.5 ≥18 100 >2.5 and 40 ≤4.5

1 The operational limits on the EPFDdown radiated by non-GSO FSS systems shall be the values given in Table 2G or this table, whichever are the more stringent. 2 For antenna diameters between the values given in this table, the limits are given by linear interpolation using a linear scale for EPFDdown in decibels and a logarithmic scale for antenna diameter in meters.

NOTE TO PARAGRAPH (j): These limits relate duced at any point on the geo- to the operational equivalent power flux- stationary satellite orbit (GSO) by the density which would be obtained under free- emissions from all co-frequency earth space propagation conditions, for all condi- stations in a non-geostationary sat- tions, for all methods of modulation and for ellite orbit Fixed-Satellite Service the specified inclined GSO FSS operations. (NGSO FSS) system, for all conditions (k) In the 12.75–13.15 GHz, 13.2125–13.25 and for all methods of modulation, GHz and 13.75–14.5 GHz bands, the shall not exceed the following limits equivalent power flux-density, in the for the specified percentages of time Earth-to-space direction, (EPFDup) pro- limits:

LIMITS TO THE EPFDup RADIATED BY NGSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS

Percentage of time dur- Reference Reference antenna beam- EPFDup ing which Frequency band (GHz) for International Allocations 2 bandwidth width and reference radi- dB(W/m ) EPFDup 1 may not be (kHz) ation pattern exceeded

12.5–12.75; 12.75–13.25; 13.75–14.5 ...... ¥160 100 40 4° ITU-R S.672–4, Ls=¥20

1 For the case of Ls = ¥10, the values a = 1.83 and b = 6.32 should be used in the equations in the Annex of Recommenda- tion ITU-R S.672–4 for single-feed circular beams. In all cases of Ls, the parabolic main beam equation should start at zero.

NOTE TO PARAGRAPH (k): These limits re- equivalent power-flux density, in the late to the uplink equivalent power flux den- space-to-Earth direction, (EPFDdown), sity, which would be obtained under free- at any point on the Earth’s surface, space propagation conditions, for all conditions and for all methods of modulation. produced by emissions from all co-frequency space stations of a single non- (l) In the 11.7–12.2 GHz and 12.5–12.75 geostationary-satellite orbit (NGSO) GHz bands in Region 3, 11.7–12.5 GHz system operating in the Fixed-Satellite bands in Region 1, and 12.2–12.7 GHz band in Region 2, the single-entry

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Service (FSS) shall not exceed the following limits in Tables 1L and 2L for the given percentages of time:

TABLE 1L—SINGLE-ENTRY EPFD down LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235

Percentage of Frequency band (GHz) for inter- time during Reference EPDF down which Reference antenna diameter and national 2 bandwidth 4 dB(W/m ) EPFDdown reference radiation pattern allocations level may not (kHz) be exceeded

11.7–12.5 in Region 1; 1.7–12.2 and ¥165.841 0 40 30 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥165.541 25 Recommendation ITU-R in Region 2. ¥164.041 96 BO.1443 Annex 1 ¥158.6 98.857 ¥158.6 99.429 ¥158.33 99.429 ¥158.33 99.429 100 11.7–12.5 in Region 1; 1.7–12.2 and ¥175.441 0 40 45 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥172.441 66 Recommendation ITU-R in Region 2. ¥169.441 97.75 BO.1443 Annex 1 ¥164 99.357 ¥160.75 99.809 ¥160 99.986 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥176.441 0 40 60 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥173.191 97.8 Recommendation ITU-R in Region 2. ¥167.75 99.371 BO. 1443 Annex 1 ¥162 99.886 ¥161 99.943 ¥160.2 99.971 ¥160 99.997 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥178.94 0 40 90 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥178.44 33 Recommendation ITU-R in Region 2. ¥176.44 98 BO.1443 Annex 1 ¥171 99.429 ¥165.5 99.714 ¥163 99.857 ¥161 99.943 ¥160 99.991 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥182.44 0 40 120 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥180.69 90 Recommendation ITU-R in Region 2. ¥179.19 98.9 BO.1443 Annex 1 ¥178.44 98.9 ¥174.94 99.5 ¥173.75 99.68 ¥173 99.68 ¥169.5 99.85 ¥167.8 99.915 ¥164 99.94 ¥161.9 99.97 ¥161 99.99 ¥160.4 99.998 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥184.941 0 40 180 cm 3 12.5–12.75 in Region 3; 12.2–12.7 ¥184.101 33 Recommendation ITU-R in Region 2. ¥181.691 98.5 BO.1443 Annex 1 ¥176.25 99.571 ¥163.25 99.946 ¥161.5 99.974 ¥160.35 99.993 ¥160 99.999 ¥160 100

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TABLE 1L—SINGLE-ENTRY EPFD down LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235—Continued

11.7–12.5 in Region 1; 1.7–12.2 and ¥187.441 0 40 240 cm 2 12.5–12.75 in Region 3; 12.2–12.7 ¥186.341 33 Recommendation ITU-R in Region 2. ¥183.441 99.25 BO.1443 Annex 1 ¥178 99.786 ¥161.4 99.957 ¥161.9 99.983 ¥160.5 99.994 ¥160 99.999 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥191.941 0 40 300 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥189.441 33 Recommendation ITU-R in Region 2. ¥185.941 99.5 BO.1443 Annex 1 ¥180.5 99.857 ¥173 99.914 ¥167 99.951 ¥162 99.983 ¥160 99.991 ¥160 100 1 For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the single-entry limits shown in Table 1L, the limits in Table 2L shall also apply in the frequency band listed in Table 1L. 2 For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91° W.L., 101° W.L., 110° W.L., 119° W.L. and 148° W.L. nominal orbital locations with elevation angles greater than 5°, ¥167 dB(W/(m2/ 40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies to receive antennas. 3 For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December 30, 1999 at the 110° W.L., 119° W.L. and 148° W.L. nominal orbital positions, ¥162.5 dB(W/(m2/40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the calculation of interference from non-GSO FSS systems into BSS systems. 5 For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in decibels for the EPFD levels and logarithmic for the time percentages, with straight line joining the data points.

TABLE 2L—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 100% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

¥160.0 ...... 0 ≤| Latitude | ≤57.5 ¥160.0 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 ≤| Latitude | ≤63.75 ¥165.3 ...... 63.75 ≤| Latitude |

NOTE TO PARAGRAPH (l): These limits relate to-Earth direction, (EPFDdown) at any to the equivalent power flux density, which point on the Earth’s surface, produced would be obtained under free-space propaga- by emissions from all co-frequency tion conditions, for all conditions and for all methods of modulation. space stations of all non-geostationary- satellite orbit systems operating in the (m) In the 11.7–12.2 GHz and 12.5–12.75 Fixed-Satellite Service (FSS) shall not GHz bands in Region 3, 11.7–12.5 GHz exceed the following limits in Tables bands in Region 1, and 12.2–12.7 GHz 1M and 2M for the given percentages of band in Region 2, the aggregate equiva- time: lent power-flux density, in the space-

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TABLE 1M—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235

Percentage of time during which Reference Reference antenna diame- Frequency band (GHz) for international allocations EPFDdown EPFD bandwidth ter, and reference radiation dB (W/m2) down level may (kHz) pattern 4 not be exceeded

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥160.4 0 30 cm Region 3; 12.2–12.7 in Region 2. ¥160.1 25 40 Recommendation ITU-R ¥158.6 96 BO.1443 ¥158.6 98 Annex 1. ¥158.33 98 ¥158.33 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥170 0 45 cm Region 3; 12.2–12.7 in Region 2. ¥167 66 40 Recommendation ITU-R ¥164 97.75 BO.1443 ¥160.75 99.33 Annex 1. ¥160 99.95 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥171 0 60 cm Region 3; 12.2–12.7 in Region 2. ¥168.75 90 40 Recommendation ITU-R ¥167.75 97.8 BO.1443 ¥162 99.6 Annex 1. ¥161 99.8 ¥160.2 99.9 ¥160 99.99 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥173.75 0 90 cm Region 3; 12.2–12.7 in Region 2. ¥173 33 40 Recommendation ITU-R ¥171 98 BO.1443 ¥165.5 99.1 Annex 1. ¥163 99.5 ¥161 99.8 ¥160 99.97 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥177 0 120 cm Region 3; 12.2–12.7 in Region 2. ¥175.25 90 40 Recommendation ITU-R ¥173.75 98.9 BO.1443 ¥173 98.9 Annex 1. ¥169.5 99.5 ¥167.8 99.7 ¥164 99.82 ¥161.9 99.9 ¥161 99.965 ¥160.4 99.993 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥179.5 0 180 cm Region 3; 12.2–12.7 in Region 2. ¥178.66 33 40 Recommendation ITU-R ¥176.25 98.5 BO.1443 ¥163.25 99.81 Annex 1. ¥161.5 99.91 ¥160.35 99.975 ¥160 99.995 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥182 0 240 cm Region 3; 12.2–12.7 in Region 2. ¥180.9 33 40 Recommendation ITU-R ¥178 99.25 BO.1443 ¥164.4 99.85 Annex 1. ¥161.9 99.94 ¥160.5 99.98 ¥160 99.995 ¥160 100

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TABLE 1M—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235—Continued

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥186.5 0 300 cm Region 3; 12.2–12.7 in Region 2. ¥184 33 40 Recommendation ITU-R ¥180.5 99.5 BO.1443 ¥173 99.7 Annex 1. ¥167 99.83 ¥162 99.94 ¥160 99.97 ¥160 100 1 For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the aggregate limit shown in Table 1M, the limits in Table 2M shall also apply. 2 For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91° W.L., 101° W.L., 110° W.L., 119° W.L. and 148° W.L. nominal orbital locations with elevation angles greater than 5°, ¥167 dB(W/(m2/ 40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies to receive antennas. 3 For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December 30, 1999 at the 110° W.L., 119° W.L. and 148° W.L. nominal orbital positions, ¥162.5 dB(W/(m2/40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the calculation of interference from non-GSO FSS systems into GSO BSS systems. 5 For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in decibels for the EPFD levels and logarithmic for the time percentages, with straight line joining the data points.

TABLE 2M—AGGREGATE EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 00% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

160.0 ...... 0 ≤| Latitude | ≤57.5. 160.0 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 ≤| Latitude | ≤63.75. 165.3 ...... 63.75 ≤| Latitude |.

NOTE TO PARAGRAPH (m): These limits re- ellite Service (space-to-Earth), for all late to the equivalent power flux density, conditions and for all methods of mod- which would be obtained under free-space ulation, shall not exceed the limits propagation conditions, for all conditions and for all methods of modulation. given in Table N. These limits relate to the power flux-density which would be (n) The power-flux density at the obtained under assumed free-space con- Earth’s surface produced by emissions ditions. from a space station in the Fixed-Sat-

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 (1) ¥158 dB(W/m2) in any 4 kHz band NGSO FSS space stations, the specified for angles of arrival between 0 and 2 de- low-angle power flux-density at the grees above the horizontal plane; and Earth’s surface produced by emissions (2) ¥158 + 3.33(d¥2) dB(W/m2) in any 4 from a space station shall not be ex- kHz band for angles of arrival (d) (in ceeded into an operational MVDDS re- degrees) between 2 and 5 degrees above ceiver: the horizontal plane.

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NOTE TO PARAGRAPH (o): These limits relate rain-fade conditions at the FSS Earth to the power flux density, which would be ob- station: tained under assumed free-space propagation ¥127 dB(W/m2) in any 1 MHz band for conditions. angles of arrival between 0 and 5 de- (p) The power flux-density at the grees above the horizontal plane; Earth’s surface produced by emissions ¥127 + 4/3 (d¥5) dB(W/m2) in any 1 from a space station in either the MHz band for angles of arrival d (in de- Earth exploration-satellite service in grees) between 5 and 20 degrees above the band 25.5–27 GHz or the inter-sat- the horizontal plane; and ellite service in the band 25.25–27.5 GHz ¥107 + 0.4 (d¥20) dB(W/m2) in any 1 for all conditions and for all methods MHz band for angles of arrival d (in de- of modulation shall not exceed the fol- grees) between 20 and 25 degrees above lowing values: the horizontal plane; ¥115 dB(W/m2) in any 1 MHz band for ¥105 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- angles of arrival between 25 and 90 degrees above the horizontal plane; grees above the horizontal plane. ¥115 + 0.5(¥5) dB(W/m2) in any 1 MHz band for angles of arrival between 5 NOTE TO PARAGRAPH (q): The conditions and 25 degrees above the horizontal under which satellites may exceed the power flux-density limits for normal free space plane; propagation described in paragraph (p)(1) to ¥105 dB(W/m2) in any 1 MHz band for compensate for the effects of rain fading are angles of arrival between 25 and 90 de- under study and have therefore not yet been grees above the horizontal plane. defined. Such conditions and the extent to These limits relate to the power flux- which these limits can be exceeded will be density which would be obtained under the subject of a further rulemaking by the Commission on the satellite service rules. assumed free-space propagation conditions. (r) In the band 37.5–40.0 GHz, the (q) In the band 37.5–40.0 GHz, the power flux-density at the Earth’s sur- power flux-density at the Earth’s surface produced by emissions from a non- face produced by emissions from a geo- geostationary space station for all stationary space station for all meth- methods of modulation shall not ex- ods of modulation shall not exceed the ceed the following values: following values. (1) This limit relates to the power (1) This limit relates to the power flux-density which would be obtained flux-density which would be obtained under assumed free space conditions under assumed free space conditions (that is, when no allowance is made for (that is, when no allowance is made for propogation impairments such as rain- propogation impairments such as rain- fade): fade): ¥132 dB(W/m2) in any 1 MHz band for ¥139 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; grees above the horizontal plane; ¥132 + 0.75 (d¥5) dB(W/m2) in any 1 ¥139 + 4/3 (d¥5) dB(W/m2) in any 1 MHz band for angles of arrival d (in de- MHz band for angles of arrival d (in degrees) between 5 and 25 degrees above grees) between 5 and 20 degrees above the horizontal plane; and the horizontal plane; and ¥117 dB(W/m2) in any 1 MHz band for ¥119 + 0.4 (d¥20) 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 20 and 25 degrees above (2) This limit relates to the max- the horizontal plane; imum power flux-density which would ¥117 dB(W/m2) in any 1 MHz band for be obtained anywhere on the surface of angles of arrival between 25 and 90 de- the Earth during periods when FSS grees above the horizontal plane; system raises power to compensate for (2) This limit relates to the max- rain-fade conditions at the FSS Earth imum power flux-density which would station: be obtained anywhere on the surface of ¥120 dB(W/m2) 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;

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¥120 + 0.75 (d¥5) dB(W/m2) in any 1 (u) In the band 40.5–42.0 GHz, the MHz band for angles of arrival d (in de- power flux-density at the Earth’s sur- grees) between 5 and 25 degrees above face produced by emissions from a geo- the horizontal plane; and stationary space station for all condi- ¥105 dB(W/m2) in any 1 MHz band for tions 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: ¥120 dB(W/m2) in any 1 MHz band for NOTE TO PARAGRAPH (r): The conditions under which satellites may exceed these angles of arrival between 0 and 5 de- power flux-density limits for normal free grees above the horizontal plane; space propagation described in paragraph ¥120 + (d¥5) dB(W/m2) in any 1 MHz (q)(1) to compensate for the effects of rain band for angles of arrival d (in degrees) fading are under study and have therefore between 5 and 15 degrees above the hor- not yet been defined. Such conditions and izontal plane; the extent to which these limits can be ex- ¥110 + 0.5 (d¥15) dB(W/m2) in any 1 ceeded will be the subject of a further rule- MHz band for angles of arrival (in de- making by the Commission on the satellite d service rules. grees) between 15 and 25 degrees above the horizontal plane; and (s) In the 40.0–40.5 GHz band, the ¥105 dB(W/m2) in any 1 MHz band for power flux density at the Earth’s sur- angles of arrival between 25 and 90 de- face produced by emissions from a grees above the horizontal plane; space station for all conditions and for all methods of modulation shall not ex- NOTE TO PARAGRAPH (u): These limits relate to the power flux-density that would be ceed the following values: obtained under assumed free-space propaga- ¥ 2 115 dB(W/m ) in any 1 MHz band for tion conditions. angles of arrival between 0 and 5 degrees above the horizontal plane; (v) In the band 2496–2500 MHz, the ¥115 + 0.5 (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 non- grees) between 5 and 25 degrees above geostationary space stations for all the horizontal plane; and conditions and all methods of modula- ¥105 dB(W/m2) in any 1 MHz band for tion shall not exceed the following val- angles of arrival between 25 and 90 de- ues (these values are obtained under grees above the horizontal plane; assumed free-space propagation conditions): NOTE TO PARAGRAPH (s): These limits relate (1) ¥144 dB (W/m∧2) in 4 kHz for all to the power flux-density that would be ob- angles of arrival between 0 and 5 de- tained under assumed free-space propagation grees above the horizontal plane; ¥144 conditions. dB (W/m∧2) + 0.65(d ¥5) in 4 kHz for all (t) In the band 40.5–42.0 GHz, the angles of arrival between 5 and 25 de- power flux density at the Earth’s sur- grees above the horizontal plane; and face produced by emissions from a non- ¥131 dB (W/m∧2) in 4 kHz and for all geostationary space station for all con- angles of arrival between 25 and 90 de- ditions and for all methods of modula- grees above the horizontal plane. tion shall not exceed the following val- (2) ¥126 dB (W/m∧2) in 1 MHz for all ues: angles of arrival between 0 and 5 de- ¥115 dB(W/m2) in any 1 MHz band for grees above the horizontal plane; ¥126 angles of arrival between 0 and 5 de- dB (W/m∧2) + 0.65(d ¥5) in 1 MHz for all grees above the horizontal plane; angles of arrival between 5 and 25 de- ¥115 + 0.5 (d¥5) dB(W/m2) in any 1 grees above the horizontal plane; and MHz band for angles of arrival d (in de- ¥113 dB (W/m∧2) in 1 MHz and for all grees) between 5 and 25 degrees above angles of arrival between 25 and 90 de- the horizontal plane; and grees above the horizontal plane. ¥105 dB(W/m2) in any 1 MHz band for (w) The power flux density at the angles of arrival between 25 and 90 de- Earth’s surface produced by emissions grees above the horizontal plane; from a 17/24 GHz BSS space station op- NOTE TO PARAGRAPH (t): These limits relate erating in the 17.3–17.7 GHz band for all to the power flux density that would be ob- conditions and all methods of modula- tained under assumed free-space propagation tion must not exceed the regional conditions. power flux density levels prescribed in

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paragraphs (w)(1) through (4) of this EDITORIAL NOTE: For FEDERAL REGISTER ci- section. tations affecting § 25.208, see the List of CFR (1) In the region of the contiguous Sections Affected, which appears in the United States, located south of 38° Finding Aids section of the printed volume North Latitude and east of 100 West and at www.fdsys.gov. Longitude: ¥115 dBW/m2/MHz. (2) In the region of the contiguous § 25.209 Earth station antenna per- United States, located north of 38° formance standards. North Latitude and east of 100° West (a) Except as provided in paragraph Longitude: ¥118 dBW/m2/MHz. (f) of this section, the gain of any an- (3) In the region of the contiguous tenna to be employed in transmission United States, located west of 100 West from an earth station in the Fixed-Sat- Longitude: ¥121 dBW/m2/MHz. ellite Service shall lie below the rel- (4) For all regions outside of the con- evant envelope defined in paragraphs tiguous United States including Alaska (a)(1) through (4) of this section: ¥ 2 and Hawaii: 115 dBW/m /MHz. (1) In the plane of the geostationary NOTE TO PARAGRAPH (w): These limits per- satellite orbit as it appears at the par- tain to the power flux-density that would be ticular earth station location, for earth obtained under assumed free-space propaga- stations not operating in the 20/30 GHz tion conditions. band or conventional Ku-band: [48 FR 40255, Sept. 6, 1983]

29–25log10q ...... dBi ...... For ...... 1.5° ≤q ≤7° 8 ...... dBi ...... For ...... 7°

where q is the angle in degrees from the axis sidelobe exceeds the gain envelope given of the main lobe, and dBi refers to dB rel- above by more than 3 dB. ative to an isotropic radiator. For the purposes of this section, the peak gain of an in- (2) In the plane of the geostationary dividual sidelobe may not exceed the enve- satellite orbit as it appears at the par- lope defined above for q between 1.5 and 7.0 ticular earth station location, for earth degrees. For q greater than 7.0 degrees, the stations operating in the 20/30 GHz envelope may be exceeded by no more than band or conventional Ku-band: 10% of the sidelobes, provided no individual

29–25log10q ...... dBi ...... For ...... 1.5° ≤q ≤7° 8 ...... dBi ...... For ...... 7°

(3) In all other directions, or in the operating in the 20/30 GHz band or con- plane of the horizon including any out- ventional Ku-band: of-plane potential terrestrial inter- Outside the main beam, the gain of ference paths, for all earth stations not the antenna shall lie below the envelope defined by:

32–25log10q ...... dBi ...... For ...... 3°

where q and dBi are defined above. For the sidelobes provided no individual sidelobe ex- purposes of this section, the envelope may be ceeds the gain envelope given above by more exceeded by no more than 10% of the than 6 dB. The region of the main reflector

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spillover energy is to be interpreted as a sin- 19– dBi ...... For ...... 3°

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Ku-band, this demonstration must (3) Shall be capable of switching po- comply with the procedures set forth in larization sense upon ground command. § 25.222. For VMES, this demonstration (b) [Reserved] shall comply with the procedures set (c) Space station antennas operating forth in § 25.226. For ESAAs, this dem- in the Direct Broadcast Satellite Serv- onstration shall comply with the pro- ice or operating in the Fixed-Satellite cedures set forth in § 25.227. For feeder- Service for reception of feeder links for link earth stations in the 17/24 GHz Direct Broadcast Satellite Service BSS, this demonstration must comply must be designed to provide a cross-po- with the procedures set forth in § 25.223. larization isolation such that the ratio For other FSS earth stations, this of the on-axis co-polar gain to the demonstration must comply with the cross-polar gain of the antenna in the requirements in § 25.138, § 25.218, or assigned frequency band is at least 27 § 25.220. In any case, the Commission dB within the primary coverage area. will impose appropriate terms and con- (d)–(e) [Reserved] ditions in its authorization of such fa- (f) All space stations in the Fixed- cilities and operations. Satellite Service operating in any por- (g) [Reserved] tion of the 3600–4200 MHz, 5091–5250 (h)(1) The gain of any transmitting MHz, 5850–7025 MHz, 10.7–12.7 GHz, 12.75– gateway earth station antenna oper- 13.25 GHz, 13.75–14.5 GHz, 15.43–15.63 ating in the 10.7–11.7 GHz, 12.75–13.15 GHz, 18.3–20.2 GHz, 24.75–25.25 GHz, or GHz, 13.2125–13.25 GHz, 13.8–14.0 GHz, 27.5–30.0 GHz bands, including feeder and 14.4–14.5 GHz bands and commu- links for other space services, and in nicating with NGSO FSS satellites the Broadcasting-Satellite Service in must lie below the envelope defined as the 17.3–17.8 GHz band (space-to-Earth), follows: shall employ state-of-the-art full fre- ° ≤ ≤ ° 29–25log10(q) dBi for 1 q 36 quency reuse, either through the use of –10 dBi for 36° < q ≤ 180° orthogonal polarizations within the Where: same beam and/or the use of spatially q is the angle in degrees from the axis of the independent beams. This requirement main lobe, and dBi means dB relative to does not apply to telemetry, tracking, an isotropic radiator. and command operation. (g)–(h) [Reserved] (2) For the purposes of this section, the peak gain of an individual sidelobe (i)(1) Space station antennas in the may not exceed the envelope defined in Fixed-Satellite Service, other than an- paragraph (h)(1) of this section. tennas in the 17/24 GHz BSS, must be designed to provide a cross-polariza- [48 FR 40255, Sept. 6, 1983, as amended at 50 tion isolation such that the ratio of the FR 2675, Jan. 18, 1985; 50 FR 39004, Sept. 26, on axis co-polar gain to the cross-polar 1985; 58 FR 13420, Mar. 11, 1993; 66 FR 10630, gain of the antenna in the assigned fre- Feb. 16, 2001; 70 FR 32255, June 2, 2005; 72 FR quency band shall be at least 30 dB 50029, Aug. 29, 2007; 73 FR 70901, Nov. 24, 2008; 74 FR 57099, Nov. 4, 2009; 78 FR 8427, Feb. 6, within its primary coverage area. 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. (2) Space station antennas in the 17/ 12, 2014] 24 GHz Broadcasting Satellite Service must be designed to provide a cross-po- § 25.210 Technical requirements for larization isolation such that the ratio space stations. of the on axis co-polar gain to the (a) All space stations in the Fixed- cross-polar gain of the antenna in the Satellite Service used for domestic assigned frequency band shall be at service in the 3700–4200 MHz and 5925– least 25 dB within its primary coverage 6425 MHz frequency bands shall: area. (1) Use orthogonal linear polarization (j) Space stations operated in the with one of the planes defined by the geostationary satellite orbit must be equatorial plane; maintained within 0.05° of their as- (2) Be designed so that the polariza- signed orbital longitude in the east/ tion sense of uplink transmissions is west direction, unless specifically au- opposite to that of downlink trans- thorized by the Commission to operate missions on the same transponder; and with a different longitudinal tolerance,

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and except as provided in Section control center that the frequency and 25.283(b) (End-of-life Disposal). polarization alignment are satisfactory pursuant to the procedures specified in [58 FR 13420, Mar. 11, 1993, as amended at 61 FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, § 25.272. The stationary earth station 1997; 62 FR 61457, Nov. 18, 1997; 68 FR 51508, operator that has successfully trans- Aug. 27, 2003; 69 FR 54587, Sept. 9, 2004; 70 FR mitted an initial video test signal to a 32256, June 2, 2005; 72 FR 50029, Aug. 29, 2007; satellite pursuant to this paragraph is 78 FR 8428, Feb. 6, 2013; 79 FR 8323, Feb. 12, not required to make subsequent video 2014] test transmissions if subsequent transmissions are conducted using exactly § 25.211 Analog video transmissions in the same parameters as the initial the Fixed-Satellite Services. transmission. (a) Downlink analog video trans- (d) An earth station may be routinely missions in the band 3700–4200 MHz licensed for transmission of full-trans- shall be transmitted only on a center ponder analog video services in the frequency of 3700 + 20N MHz, where N = 5925–6425 MHz band or 14.0–14.5 GHz 1 to 24. The corresponding uplink fre- band provided: quency shall be 2225 MHz higher. (1) The application includes certifi- (b) All 4/6 GHz analog video trans- cation, pursuant to § 25.132(a)(1), of con- missions shall contain an energy dis- formance with the antenna perform- persal signal at all times with a min- ance standards in § 25.209(a) and (b); imum peak-to-peak bandwidth set at (2) An antenna with an equivalent di- whatever value is necessary to meet ameter of 4.5 meters or greater will be the power flux density limits specified used for such transmission in the 5925– in § 25.208(a) and successfully coordi- 6425 MHz band, and the input power nated internationally and accepted by into the antenna will not exceed 26.5 adjacent U.S. satellite operators based dBW; on the use of state of the art space and (3) An antenna with an equivalent di- earth station facilities. Further, all ameter of 1.2 meters or greater will be transmissions operating in frequency used for such transmission in the 14.0– bands described in § 25.208 (b) and (c) 14.5 GHz band, and the input power into shall also contain an energy dispersal the antenna will not exceed 27 dBW. signal at all times with a minimum (e) Applications for authority for peak-to-peak bandwidth set at what- analog video uplink transmission in ever value is necessary to meet the the Fixed-Satellite Service not eligible power flux density limits specified in for routine licensing under paragraph § 25.208(b) and (c) and successfully co- (d) of this section are subject to the ordinated internationally and accepted provisions of § 25.220. by adjacent U.S. satellite operators [58 FR 13421, Mar. 11, 1993, as amended at 61 based on the use of state of the art FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, space and earth station facilities. The 1997; 70 FR 32256, June 2, 2005; 78 FR 8428, transmission of an unmodulated car- Feb. 6, 2013; 79 FR 8323, Feb. 12, 2014] rier at a power level sufficient to satu- rate a transponder is prohibited, except § 25.212 Narrowband analog trans- by the space station licensee to deter- missions and digital transmissions mine transponder performance charac- in the GSO Fixed Satellite Service. teristics. All 12/14 GHz video trans- (a) Except as otherwise provided by missions for TV/FM shall identify the this part, criteria for unacceptable lev- particular carrier frequencies for nec- els of interference caused by other sat- essary coordination with adjacent U.S. ellite networks shall be established on satellite systems and affected satellite the basis of nominal operating condi- systems of other administrations. tions and with the objective of mini- (c) All initial analog video trans- mizing orbital separations between sat- missions shall be preceded by a video ellites. test transmission at an uplink e.i.r.p. (b) Emissions with an occupied band- at least 10 dB below the normal oper- width of less than 2 MHz are not pro- ating level. The earth station operator tected from interference from wider shall not increase power until receiving bandwidth transmissions if the r.f. car- notification from the satellite network rier frequency of the narrowband signal

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is within ±1 MHz of one of the fre- the maximum number of co-frequency quencies specified in § 25.211(a). simultaneously transmitting earth sta- (c)(1) An earth station that is not tions in the same satellite receiving subject to licensing under § 25.134, beam. § 25.222, § 25.226, or § 25.227 may be rou- (e) An applicant for authority for an tinely licensed for analog trans- earth station in the Fixed-Satellite missions in the 14.0–14.5 GHz band with Service proposing to transmit digital bandwidths up to 200 kHz (or up to 1 signals or analog signals in bandwidths MHz for command carriers at the band up to 200 kHz (or up to 1 MHz for com- edge) if the equivalent diameter of the mand carriers at the band edge) and to transmitting antenna is 1.2 meters or operate with transmitted satellite car- greater, input power spectral density rier EIRP densities, and/or maximum into the antenna will not exceed ¥8 antenna input power densities in excess dBW/4 kHz, transmitted satellite car- of those specified in applicable provi- rier EIRP density will not exceed 17 sions of paragraph (c) or (d) of this sec- dBW/4 kHz, and the application in- tion or operate with a smaller antenna cludes certification pursuant to than specified in a relevant provision § 25.132(a)(1) of conformance with the of those paragraphs must comply with antenna performance standards in the requirements in § 25.218 or § 25.220, § 25.209(a) and (b). unless the application is subject to li- (2) An earth station that is not sub- censing pursuant to § 25.221, § 25.222, ject to licensing under § 25.134, § 25.222, § 25.226, or § 25.227. § 25.226, or § 25.227 may be routinely li- (f) In the 24.75–25.25 GHz band, an censed for digital transmission, includ- earth station that meets the antenna ing digital video transmission, in the gain pattern requirements set forth in 14.0–14.5 GHz band if the equivalent di- § 25.209(a) and (b) of this part may be ameter of the transmitting antenna is routinely licensed if the maximum 1.2 meters or greater, input power spec- power density into the antenna does tral density into the antenna will not not exceed 3.5 dBW/MHz. exceed ¥14 dBW/4 kHz, transmitted [58 FR 13421, Mar. 11, 1993, as amended at 62 satellite carrier EIRP density will not FR 5931, Feb. 10, 1997; 62 FR 51378, Oct. 1, 1997; exceed + 10.0 dBW/4 kHz, and the appli- 70 FR 32256, June 2, 2005; 70 FR 33376, June 8, cation includes certification pursuant 2005; 72 FR 50030, Aug. 29, 2007; 73 FR 70902, to § 25.132(a)(1) of conformance with the Nov. 24, 2008; 78 FR 8428, Feb. 6, 2013; 79 FR antenna performance standards in 8323, Feb. 12, 2014] § 25.209(a) and (b). (d) An earth station that is not sub- § 25.213 Inter-Service coordination re- ject to licensing under § 25.134 or § 25.221 quirements for the 1.6/2.4 GHz Mo- bile-Satellite Service. may be routinely licensed for digital transmission in the 5925–6425 MHz band (a) Protection of the radio astronomy or analog transmission in that band service in the 1610.6–1613.8 MHz band with carrier bandwidths up to 200 kHz against interference from 1.6/2.4 GHz (or up to 1 MHz for command carriers Mobile-Satellite Service systems. at the band edge) if the equivalent di- (1) Protection zones. All 1.6/2.4 GHz ameter of the transmit antenna is 4.5 Mobile-Satellite Service systems shall meters or greater, the application in- be capable of determining the position cludes certification pursuant to of the user transceivers accessing the § 25.132(a)(1) of conformance with the space segment through either internal antenna performance standards in radiodetermination calculations or ex- § 25.209(a) and (b), and maximum power ternal sources such as LORAN–C or the density into the antenna will not ex- Global Positioning System. ceed + 0.5 dBW/4 kHz for analog car- (i) In the band 1610.6–1613.8 MHz, riers or ¥2.7 ¥ 10log(N) dBW/4 kHz for within a 160 km radius of the following digital carriers. For digital trans- radio astronomy sites: mission with frequency division mul- Latitude Longitude tiple access (FDMA) or time division Observatory (DMS) (DMS) multiple access (TDMA), N is equal to Arecibo, PR ...... 18 20 46 66 45 11 one. For digital transmission with code Green Bank Telescope, WV ...... 38 25 59 79 50 24 division multiple access (CDMA), N is 38 26 09 79 49 42

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trum Management Unit (ESMU), Na- Observatory Latitude Longitude (DMS) (DMS) tional Science Foundation, Wash- Very Large Array, NM ...... 34 04 43 107 37 04 ington, D.C. upon a showing by the Mo- Owens Valley, CA ...... 37 13 54 118 17 36 bile-Satellite Service licensee that the Ohio State, OH ...... 40 15 06 83 02 54 operation of a mobile earth station will not cause harmful interference to a (ii) In the band 1610.6–1613.8 MHz, radio astronomy observatory during within a 50 km radius of the following periods of observation. sites: (vi) The ESMU shall notify Mobile- Satellite Service space station licens- Observatory Latitude Longitude (DMS) (DMS) ees authorized to operate mobile earth Pile Town, NM ...... 34 18 04 108 07 07 stations in the 1610.0–1626.5 MHz band Los Alamos, NM ...... 35 46 30 106 14 42 of periods of radio astronomy observa- Kitt Peak, AZ ...... 31 57 22 111 36 42 tions. The Mobile-Satellite systems Ft. Davis, TX ...... 30 38 06 103 56 39 N. Liberty, IA ...... 41 46 17 91 34 26 shall be capable of terminating oper- Brewster, WA ...... 48 07 53 119 40 55 ations within the frequency bands and Owens Valley, CA ...... 37 13 54 118 16 34 protection zones specified in para- St. Croix, VI ...... 17 45 31 64 35 03 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 mo- ther prior to transmission or, based bile earth station licensed to operate upon its location within the protection within the 1610.0–1626.5 MHz band shall zone at the time of initial transmission be attenuated so that the power flux of the mobile earth station. Once the density it produces in the 1610.6–1613.8 Mobile-Satellite Service system deter- MHz band at any radio astronomy site mines that a mobile earth station is lo- listed in paragraph (a)(1) (i) or (ii) of cated within an RAS protection zone, this section shall not exceed the emis- the Mobile-Satellite Service system sions of a mobile earth station oper- shall immediately initiate procedures ating within the 1610.6–1613.8 MHz band to relocate the mobile earth station op- at the edge of the protection zone ap- erations to a non-RAS frequency. plicable for that site. As an alter- (vii) A beacon-actuated protection native, a mobile earth station shall not zone may be used in lieu of fixed pro- operate during radio astronomy obser- tection zones in the 1610.6–1613.8 MHz vations within the 1613.8–1615.8 MHz band if a coordination agreement is band within 100 km of the radio astron- reached between a mobile-satellite sys- omy sites listed in paragraph (a)(1)(i) tem licensee and the ESMU on the spe- of this section, and within 30 km of the cifics of beacon operations. sites listed in paragraph (a)(1)(ii) of (viii) Additional radio astronomy this section, there being no restriction sites, not located within 100 miles of on a mobile earth station operating the 100 most populous urbanized areas within the 1615.8–1626.5 MHz band. as defined by the United States Census (iv) For airborne mobile earth sta- Bureau at the time, may be afforded tions operating in the 1610.0–1626.5 MHz similar protection one year after no- band, the separation distance shall be tice to the mobile-satellite system li- the larger of the distances specified in censees by issuance of a public notice paragraph (a)(1) (i), (ii) or (iii) of this by the Commission. section, as applicable, or the distance, (2) Mobile-Satellite Service space d, as given by the formula: stations transmitting in the 1613.8– d (km) = 4.1 square root of (h) 1626.5 MHz band shall take whatever steps necessary to avoid causing harm- where h is the altitude of the aircraft in me- ful interference to the radio astronomy ters above ground level. facilities listed in paragraphs (a)(1)(i) (v) Smaller geographic protection and (ii) of this section during periods of zones may be used in lieu of the areas observation. specified in paragraphs (a)(1) (i), (ii), (3) Mobile-Satellite Service space (iii), and (iv) of this section if agreed to stations operating in the 2483.5–2500 by the Mobile-Satellite Service li- MHz frequency band shall limit spu- censee and the Electromagnetic Spec- rious emission levels in the 4990–5000

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MHz band so as not to exceed ¥241 dB ment with those licensees. Licensees (W/m2/Hz) at the surface of the Earth. who come to mutual agreement to use (4) The Radioastronomy Service shall cross-polarized transmissions shall avoid scheduling radio astronomy ob- apply to the Commission for approval servations during peak MSS/RDSS of the agreement before coordination is traffic periods to the greatest extent initiated with other administrations by practicable. the licensee of the exclusive frequency (b) If a Mobile-Satellite Service space assignment; and station operator in the 2496–2500 MHz (5) Feeder uplink networks are per- band intends to operate at powers lev- mitted in the following Fixed-Satellite els that exceed the PFD limits in Service frequency bands: 7025–7075 MHz § 25.208(v), or if actual operations rou- and 6725–7025 MHz (101° W.L. orbital lo- tinely exceed these PFD limits, we re- cation only). quire the Mobile-Satellite Service op- (d) Power limit for SDARS terrestrial re- erator to receive approval from each peaters. (1) SDARS terrestrial repeaters operational BRS system in the affected must be operated at a power level less geographical region. than or equal to 12-kW average EIRP, with a maximum peak-to-average [59 FR 53329, Oct. 21, 1994, as amended at 61 power ratio of 13 dB. FR 9945, Mar. 12, 1996; 67 FR 61816, Oct. 2, (2) SDARS repeaters are permitted to 2002; 71 FR 35188, June 19, 2006; 78 FR 8428, Feb. 6, 2013] operate at power levels above 12-kW average EIRP, unless a potentially af- § 25.214 Technical requirements for fected WCS licensee provides written space stations in the Satellite Dig- notice that it intends to commence ital Audio Radio Service and associ- commercial service within the fol- ated terrestrial repeaters. lowing 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 level greater than that prescribed in (c) Frequency assignments will be paragraph (d)(1) of this section. made for each satellite DARS system 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; § 25.215 [Reserved] (2) Two, 12.5 MHz frequency assignments 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.

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

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millisecond active transmission inter- §§ 25.142(d), 25.143(b)(2)(ii), val. 25.143(b)(2)(iii), 25.204(e), 25.210(d), (h) Mobile earth stations manufac- 25.210(f), and 25.210(i). tured more than six months after FED- (2) In addition to the requirements ERAL REGISTER publication of the rule set forth in paragraph (b)(1) of this sec- changes adopted in FCC 03–283 with as- tion, the Commission will coordinate signed uplink frequencies in the 1626.5– with the National Telecommunications 1660.5 MHz band shall suppress the and Information Administration power density of emissions in the 1605– (NTIA) regarding the operations of any 1610 MHz band-segment to an extent licensees authorized to operate in a determined by linear interpolation shared government/non-government from ¥70 dBW/MHz at 1605 MHz to ¥46 frequency band, pursuant to the proce- dBW/MHz at 1610 MHz, averaged over dure set forth in § 25.142(b)(2)(ii). any 2 millisecond active transmission (3) Mobile earth station licensees au- interval. The e.i.r.p of discrete emis- thorized to operate with one or more sions of less than 700 Hz bandwidth space stations subject to paragraph from such stations shall not exceed a (b)(1) of this section must comply with level determined by linear interpola- the requirements in §§ 25.285 and 25.287, tion from ¥80 dBW at 1605 MHz to ¥56 notwithstanding the frequency bands dBW at 1610 MHz, averaged over any 2 specified in those sections. In addition, millisecond active transmission inter- earth station licensees authorized to val. operate with one or more space sta- (i) The e.i.r.p density of carrier-off tions described in paragraph (b)(1) of state emissions from mobile earth sta- this section in frequency bands shared tions manufactured more than six with terrestrial wireless services shall months after FEDERAL REGISTER publi- comply with the requirements in cation of the rule changes adopted in § 25.203(c). FCC 03–283 with assigned uplink fre- (c)(1) For all GSO-like satellite li- quencies between 1 and 3 GHz shall not censes for which the application was exceed -80 dBW/MHz in the 1559–1610 filed pursuant to the procedures set MHz band averaged over any two milli- forth in § 25.158 after August 27, 2003, second interval. authorizing operations in a frequency (j) A Root-Mean-Square detector band for which the Commission has not shall be used for all power density adopted frequency band-specific service measurements. rules at the time the license is granted, [69 FR 5710, Feb. 6, 2004, as amended at 70 FR the licensee will be required to comply 19318, Apr. 13, 2005] with the following technical requirements, notwithstanding the frequency § 25.217 Default service rules. bands specified in these rule provisions: (a) The technical rules in this section §§ 25.142(d), 25.143(b)(2)(iv), 25.204(e), apply only to licenses to operate a sat- 25.210(d), 25.210(f), 25.210(i), and 25.210(j). ellite system in a frequency band (2) In addition to the requirements granted after a domestic frequency al- set forth in paragraph (c)(1) of this sec- location has been adopted for that fre- tion, the Commission will coordinate quency band, but before any frequency- with the National Telecommunications band-specific service rules have been and Information Administration adopted for that frequency band. (NTIA) regarding the operations of any (b)(1) For all NGSO-like satellite li- licensees authorized to operate in a censes for which the application was shared government/non-government filed pursuant to the procedures set frequency band, pursuant to the proce- forth in § 25.157 after August 27, 2003, dure set forth in § 25.142(b)(2)(ii). authorizing operations in a frequency (3) Earth station licensees authorized band for which the Commission has not to operate with one or more space sta- adopted frequency band-specific service tions described in paragraph (c)(1) of rules at the time the license is granted, this section shall comply with the the licensee will be required to comply earth station antenna performance with the following technical require- verification requirements in § 25.132, ments, notwithstanding the frequency and the antenna gain pattern require- bands specified in these rule provisions: ments in § 25.209(a) and (b). In addition,

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earth station licensees authorized to otherwise specified by either Commis- operate with one or more space sta- sion or Bureau Order. tions described in paragraph (c)(1) of [68 FR 51508, Aug. 27, 2003, as amended at 70 this paragraph in frequency bands FR 59277, Oct. 12, 2005; 79 FR 8323, Feb. 12, shared with terrestrial wireless serv- 2014] ices shall comply with the requirements in § 25.203(c). § 25.218 Off-axis EIRP density enve- (4) In addition to the requirements lopes for FSS earth stations trans- set forth in paragraph (c)(3) of this sec- mitting in certain frequency bands. tion, earth station licensees with a (a) This section applies to all applica- gain equivalent or higher than the gain tions for Fixed-Satellite Service earth of a 1.2 meter antenna operating in the stations transmitting to geostationary 14.0–14.5 GHz band, authorized to oper- space stations in the C band, Ku band, ate with one or more space stations de- or extended Ku band, except for: scribed in paragraph (c)(1) of this para- (1) ESV, VMES, and ESAA applica- graph in frequency bands greater than tions, and 14.5 GHz shall be required to comply (2) Analog video earth station appli- with the antenna input power density cations. requirements set forth in § 25.212(c). (b) Earth station applications subject (d) [Reserved] to this section are eligible for routine (e) In the event that the Commission processing if they meet the applicable adopts frequency band-specific service off-axis EIRP density envelope set rules for a particular frequency band forth in this section below. The terms after it has granted one or more space ‘‘conventional Ku band’’ and ‘‘extended station or earth station licenses for op- Ku band are defined in § 25.103. erations in that frequency band, those (c) C-band analog earth station oper- licensees will be required to come into ations. (1) In the plane of the geo- compliance with the frequency band- stationary satellite orbit as it appears specific service rules within 30 days of at the particular earth station loca- the effective date of those rules, unless tion:

29.5–25log10q ...... dBW/4 kHz ...... For ...... 1.5° ≤q ≤7° 8.5 ...... dBW/4 kHz ...... For ...... 7°

where q is the angle in degrees from the line 7.0°. For q greater than 7.0°, the envelope connecting the focal point of the antenna to may be exceeded by no more than 10% of the the target satellite, and the geostationary sidelobes, provided no individual sidelobe ex- orbit plane is determined by the focal point ceeds the envelope given above by more than of the antenna and the line tangent to the 3 dB. arc of the geostationary satellite orbit at the position of the target satellite. For the pur- (2) In all other directions, or in the poses of this section, the peak EIRP density plane of the horizon including any out- of an individual sidelobe may not exceed the of-plane potential terrestrial inter- envelope defined above for q between 1.5° and ference paths:

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

where q is the angle in degrees from the line tion of the target satellite. For the purposes connecting the focal point of the antenna to of this section, the envelope may be exceeded the target satellite, within any plane that by no more than 10% of the sidelobes pro- includes that line, with the exception of the vided no individual sidelobe exceeds the en- plane determined by the focal point of the velope given above by more than 6 dB. The antenna and the line tangent to the arc of region of the main reflector spillover energy the geostationary satellite orbit at the posi-

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is to be interpreted as a single lobe and shall stationary satellite orbit as it appears not exceed the envelope by more than 6 dB. at the particular earth station loca- (d) C-band digital earth station oper- tion: ations. (1) In the plane of the geo-

26.3–10log10(N)–25log10q ...... dBW/4 kHz ...... For ...... 1.5° ≤q ≤7° 5.3–10log10(N) ...... dBW/4 kHz ...... For ...... 7°

where q and the plane of the geostationary (FDMA) or time division multiple access satellite orbit are defined in paragraph (c)(1) (TDMA) technique, N is equal to one. For of this section, and N is defined below. For digital SCPC using code division multiple ac- the purposes of this section, the peak EIRP cess (CDMA) technique, N is the maximum density of an individual sidelobe may not ex- number of co-frequency simultaneously ceed the envelope defined above for q be- transmitting earth stations in the same sat- tween 1.5° and 7.0°. For q greater than 7.0°, ellite receiving beam. the envelope may be exceeded by no more than 10% of the sidelobes, provided no indi- (2) In all other directions, or in the vidual sidelobe exceeds the envelope given plane of the horizon including any out- above by more than 3 dB. For digital SCPC of-plane potential terrestrial inter- using frequency division multiple access ference paths:

29.3–10log10(N)–25log10q ...... dBW/4 kHz ...... For ...... 3° ≤q ≤48° ¥12.7–10log10(N) ...... dBW/4 kHz ...... For ...... 48°

where q is defined in paragraph (c)(2) of this interpreted as a single lobe and shall not ex- section, and N is defined in paragraph (d)(1) ceed the envelope by more than 6 dB. of this section. For the purposes of this section, the envelope may be exceeded by no (e) Conventional Ku-band analog earth more than 10% of the sidelobes provided no station operations. (1) In the plane of the individual sidelobe exceeds the envelope geostationary satellite orbit as it ap- given above by more than 6 dB. The region of pears at the particular earth station the main reflector spillover energy is to be location:

21–25log10q ...... dBW/4 kHz ...... For ...... 1.5° ≤q ≤7° 0 ...... dBW/4 kHz ...... For ...... 7°

where q and the plane of the geostationary no individual sidelobe exceeds the envelope satellite are defined in paragraph (c)(1) of given above by more than 3 dB. this section. For the purposes of this section, the peak EIRP density of an individual (2) In all other directions, or in the sidelobe may not exceed the envelope defined plane of the horizon including any out- above for q between 1.5° and 7.0°. For q great- of-plane potential terrestrial inter- er than 7.0°, the envelope may be exceeded by ference paths: no more than 10% of the sidelobes, provided

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

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where q is defined in paragraph (c)(2) of this as a single lobe and shall not exceed the en- section. For the purposes of this section, the velope by more than 6 dB. envelope may be exceeded by no more than (f) Conventional Ku-band digital earth 10% of the sidelobes provided no individual sidelobe exceeds the envelope given above by station operations. (1) In the plane of the more than 6 dB. The region of the main re- geostationary satellite orbit as it ap- flector spillover energy is to be interpreted pears at the particular earth station location:

15–10log10(N)–25log10q dBW/4 kHz ...... For ...... 1.5° ≤q ≤7° ¥6–10log10(N) ...... dBW/4 kHz ...... For ...... 7°

where q and the plane of the geostationary (FDMA) or time division multiple access satellite orbit are defined in paragraph (c)(1) (TDMA) technique, N is equal to one. For of this section, and N is defined below. For digital SCPC using code division multiple ac- the purposes of this section, the peak EIRP cess (CDMA) technique, N is the maximum density of an individual sidelobe may not ex- number of co-frequency simultaneously ceed the envelope defined above for q be- transmitting earth stations in the same sat- tween 1.5° and 7.0°. For q greater than 7.0°, ellite receiving beam. the envelope may be exceeded by no more (2) In all other directions, or in the than 10% of the sidelobes, provided no individual sidelobe exceeds the envelope given plane of the horizon including any out- above by more than 3 dB. For digital SCPC of-plane potential terrestrial inter- using frequency division multiple access ference paths:

18–10log10(N)–25log10q dBW/4 kHz ...... For ...... 3° ≤q ≤48° ¥24–10log10(N) ...... dBW/4 kHz ...... For ...... 48°

where q is defined in paragraph (c)(2) of this interpreted as a single lobe and shall not ex- section, and N is defined in paragraph (f)(1) ceed the envelope by more than 6 dB. of this section. For the purposes of this section, the envelope may be exceeded by no (g) Extended Ku-band analog earth sta- more than 10% of the sidelobes provided no tion operations. (1) In the plane of the individual sidelobe exceeds the envelope geostationary satellite orbit as it ap- given above by more than 6 dB. The region of pears at the particular earth station the main reflector spillover energy is to be location:

21–25log10q ...... dBW/4 kHz ...... For ...... 1.5° ≤q ≤7° 0 ...... dBW/4 kHz ...... For ...... 7°

where q and the plane of the geostationary no individual sidelobe exceeds the envelope satellite orbit are defined in paragraph (c)(1) given above by more than 3 dB. of this section. For the purposes of this section, the peak EIRP density of an individual (2) In all other directions, or in the sidelobe may not exceed the envelope defined plane of the horizon including any out- above for q between 1.5° and 7.0°. For q great- of-plane potential terrestrial inter- er than 7.0°, the envelope may be exceeded by ference paths: no more than 10% of the sidelobes, provided

24–25log10q ...... dBW/4 kHz ...... For ...... 3° ≤q ≤48°

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¥18 ...... dBW/4 kHz ...... For ...... 48°

where q is defined in paragraph (c)(2) of this as a single lobe and shall not exceed the en- section. For the purposes of this section, the velope by more than 6 dB. envelope may be exceeded by no more than (h) Extended Ku-band digital earth sta- 10% of the sidelobes provided no individual sidelobe exceeds the envelope given above by tion operations. (1) In the plane of the more than 6 dB. The region of the main re- geostationary satellite orbit as it ap- flector spillover energy is to be interpreted pears at the particular earth station location:

15–10log10(N)–25log10q dBW/4 kHz ...... For ...... 1.5° ≤q ≤7° ¥6–10log10(N) ...... dBW/4 kHz ...... For ...... 7°

18–10log10(N)–25log10q dBW/4 kHz ...... For ...... 3° ≤q ≤48° ¥24–10log10(N) ...... dBW/4 kHz ...... For ...... 48°

where q is defined in paragraph (c)(2) of this § 25.219 [Reserved] section and N is defined in paragraph (h)(1) of this section. For the purposes of this sec- § 25.220 Non-conforming transmit/re- tion, the envelope may be exceeded by no ceive earth station operations. more than 10% of the sidelobes provided no (a)(1) The requirements in this sec- individual sidelobe exceeds the envelope given above by more than 6 dB. The region of tion apply to earth station applications the main reflector spillover energy is to be of the types to which § 25.218 applies interpreted as a single lobe and shall not ex- but that propose operation outside of ceed the envelope by more than 6 dB. relevant off-axis EIRP density envelopes specified in § 25.218. This section [73 FR 70902, Nov. 24, 2008, as amended at 74 also applies to applications for full- FR 57099, Nov. 4, 2009; 78 FR 8429, Feb. 6, 2013; transponder analog video earth sta- 78 FR 14927, Mar. 8, 2013; 79 FR 8324, Feb. 12, 2014] tions that are ineligible for routine licensing under § 25.211(d). EFFECTIVE DATE NOTE: At 74 FR 9962, Mar. (2) The requirements for petitions to 9, 2009, § 25.218, which contains information deny applications filed pursuant to this collection and recordkeeping requirements, section are set forth in § 25.154. became effective with approval by the Office (b) If an antenna proposed for use by of Management and Budget for a period of 3 the applicant does not comply with the years. antenna performance standards contained in § 25.209(a) and (b), the applicant must provide, as an exhibit to its FCC Form 312 application, the antenna gain patterns specified in § 25.132(b).

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(c) [Reserved] levels that would accommodate the 2° (d)(1) The applicant must submit the compliant satellite. certifications listed in paragraphs (3) In the event that a coordination (d)(1)(i) through (d)(1)(iv) of this sec- agreement discussed in paragraph tion. The applicant will be authorized (d)(1)(ii) of this section is reached, but to transmit only to the satellite sys- that coordination agreement does not tems included in the coordination address protection from interference agreements referred to in the certifi- for the earth station, that earth sta- cation required by paragraph (d)(1)(ii) tion will be protected from inter- of this section. The applicant will be ference to the same extent that an granted protection from receiving in- earth station that meets the require- terference only with respect to the sat- ments of § 25.209 of this title would be ellite systems included in the coordina- protected from interference. tion agreements referred to in the cer- (4) Notwithstanding paragraph tification required by paragraph (d)(1)(ii) of this section, a party apply- (d)(1)(ii) of this section, and only to the ing for an earth station license pursu- extent that protection from receiving ant to this section will not be required interference is afforded by those co- to certify that its target satellite oper- ordination agreements. ator has reached a coordination agree- (i) A statement from the satellite op- ment with another satellite operator erator acknowledging that the pro- whose satellite is within 6° of orbital posed operation of the subject non-con- separation from its satellite in cases forming earth station with its sat- where the off-axis EIRP density level ellite(s) has the potential to receive in- of the proposed earth station oper- terference from adjacent satellite net- ations will be less than or equal to the works that may be unacceptable. levels specified by the applicable off- (ii) A statement from the satellite axis EIRP envelope set forth in § 25.218 operator that it has coordinated the of this chapter in the direction of the operation of the subject non-con- part of the geostationary orbit arc forming earth station accessing its sat- within 1° of the nominal orbit location ellite(s), including its required of the adjacent satellite. downlink power density based on the (e)–(f) [Reserved] information contained in the applica- (g) Applicants filing applications for tion, with all adjacent satellite net- earth stations pursuant to this section ° works within 6 of orbital separation must provide the following information from its satellite(s), and the operations for the Commission’s public notice: will operate in conformance with exist- (1) Detailed description of the service ing coordination agreement for its sat- to be provided, including frequency ellite(s) with other satellite systems, bands and satellites to be used. The ap- except as set forth in paragraph (d)(4) plicant must identify either the spe- of this section. cific satellites with which it plans to (iii) A statement from the satellite operate, or the eastern and western operator that it will include the sub- boundaries of the geostationary sat- ject non-conforming earth station op- ellite orbit arc it plans to coordinate. erations in all future satellite network (2) The diameter or equivalent di- coordinations, and ameter of the antenna. (iv) A statement from the earth station applicant certifying that it will (3) Proposed power and power density comply with all coordination agree- levels. ments reached by the satellite oper- (4) Identification of any rule or rules ator(s). for which a waiver is requested. (2) A license granted pursuant to [70 FR 32256, June 2, 2005, as amended at 72 paragraph (d)(1) of this section will in- FR 50030, Aug. 29, 2007; 73 FR 70902, Nov. 24, clude, as a condition on that license, 2008; 74 FR 57099, Nov. 4, 2009; 78 FR 14927, that if a good faith agreement cannot Mar. 8, 2013; 79 FR 8324, Feb. 12, 2014] be reached between the satellite oper- EFFECTIVE DATE NOTE: At 74 FR 9962, Mar. ator and the operator of a future 2° 9, 2009, § 25.220 paragraphs (a) and (d), which compliant satellite, the earth station contain information collection and record- operator shall accept the power density keeping requirements, became effective with

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approval by the Office of Management and (1) The following requirements shall Budget for a period of 3 years. apply to an ESV that uses transmitters with off-axis effective isotropically ra- § 25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) diated power (EIRP) spectral-densities receiving in the 3700–4200 MHz lower than or equal to the levels in (space-to-Earth) band and transmit- paragraph (a)(1)(i) of this section. An ting in the 5925–6425 MHz (Earth- ESV, or ESV system, operating under to-space) band, operating with GSO this section shall provide a detailed Satellites in the Fixed-Satellite Service. demonstration as described in paragraph (b)(1) of this section. The ESV (a) The following ongoing require- transmitter must also comply with the ments govern all ESV licensees and op- antenna pointing and cessation of erations in the 3700–4200 MHz (space-to- Earth) and 5925–6425 MHz (Earth-to- emission requirements in paragraphs space) bands transmitting to GSO sat- (a)(1)(ii) and (a)(1)(iii) of this section. ellites in the Fixed-Satellite Service. (i) An ESV system shall not exceed ESV licensees must comply with the the off-axis EIRP spectral-density lim- requirements in paragraph (a)(1), (a)(2) its and conditions defined in para- or (a)(3) of this section and all of the graphs (a)(1)(i)(A) through (a)(1)(i)(D) requirements set forth in paragraphs of this section. (a)(4) through (a)(13) of this section. (A) The off-axis EIRP spectral-den- Paragraph (b) of this section identifies sity emitted from the ESV, in the items that must be included in the ap- plane of the GSO as it appears at the plication for ESV operations to dem- particular earth station location, shall onstrate that these ongoing require- not exceed the following values: ments will be met.

26.3 ¥ 10log(N) ¥ 25logq ...... dBW/4 kHz ...... for ...... 1.5° ≤q ≤7° 5.3 ¥10log(N) ...... dBW/4 kHz ...... for ...... 7°

Where theta (q) is the angle in degrees ting ESV earth stations in the same from the line connecting the focal satellite receiving beam. For the pur- point of the antenna to the orbital lo- pose of this section, the peak EIRP of cation of the target satellite, the plane an individual sidelobe may not exceed of the GSO is determined by the focal the envelope defined above for q be- point of the antenna and the line tan- tween 1.5° and 7.0°. For q greater than gent to the arc of the GSO at the or- 7.0°, the envelope may be exceeded by bital location of the target satellite. no more than 10% of the sidelobes, pro- For an ESV network using frequency vided no individual sidelobe exceeds division multiple access (FDMA) or the envelope given above by more than time division multiple access (TDMA) 3 dB. techniques, N is equal to one. For ESV (B) In all directions other than along networks using multiple co-frequency the GSO, the off-axis EIRP spectral- transmitters that have the same EIRP, density for co-polarized signals emitted N is the maximum expected number of from the ESV shall not exceed the fol- co-frequency simultaneously transmit- lowing values:

29.3 ¥ 10log(N) ¥ 25logq ...... dBW/4 kHz ...... for ...... 3.0° ≤q ≤48° ¥12.7 ¥ 10log(N) ...... dBW/4 kHz ...... for ...... 48°

Where q and N are defined in paragraph the focal point of the antenna to the (a)(1)(i)(A) of this section. This off-axis orbital location of the target satellite EIRP spectral-density applies in any with the exception of the plane of the plane that includes the line connecting GSO as defined in paragraph (a)(1)(i)(A)

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of this section. For the purpose of this preted as a single lobe and shall not ex- section, the envelope may be exceeded ceed the envelope by more than 6 dB. by no more than 10% of the sidelobes (C) In all directions, the off-axis provided no individual sidelobe exceeds EIRP spectral-density for cross-polar- the gain envelope given above by more ized signals emitted from the ESV than 6 dB. The region of the main re- shall not exceed the following values: flector spillover energy is to be inter-

16.3 ¥ 10log(N) ¥ 25logq ...... dBW/4 kHz ...... for ...... 1.8° ≤q ≤7.0° ¥4.7 ¥ 10log(N) ...... dBW/4 kHz ...... for ...... 7.0°

Where q and N are defined as set forth resume until such angle is less than or in paragraph (a)(1)(i)(A) of this section. equal to 0.2°, or This EIRP spectral-density applies in (B) For ESV transmitters operating any plane that includes the line con- under paragraph (a)(1)(ii)(B) of this sec- necting the focal point of the antenna tion, all emissions from the ESV shall to the orbital location of the target automatically cease within 100 milli- satellite. seconds if the angle between the or- (D) For non-circular ESV antennas, bital location of the target satellite the major axis of the antenna will be and the axis of the main lobe of the aligned with the tangent to the arc of ESV antenna exceeds the declared the GSO at the orbital location of the maximum antenna pointing error and target satellite, to the extent required shall not resume transmissions until to meet the specified off-axis EIRP such angle is less than or equal to the spectral-density criteria. declared maximum antenna pointing error. (ii) Except for ESV systems oper- (2) The following requirements shall ating under paragraph (a)(3) of this sec- apply to an ESV that uses off-axis tion, each ESV transmitter must meet EIRP spectral-densities in excess of the one of the following antenna pointing levels in paragraph (a)(1)(i) or (a)(3)(i) error requirements: of this section. An ESV or ESV system (A) Each ESV transmitter shall operating under this paragraph (a)(2) maintain a pointing error of less than shall file certifications and provide a ° or equal to 0.2 between the orbital lo- detailed demonstration(s) as described cation of the target satellite and the in paragraph (b)(2) of this section. axis of the main lobe of the ESV an- (i) The ESV shall transmit only to tenna, or the target satellite system(s) referred (B) Each ESV transmitter shall to in the certifications required by maintain the declared maximum an- paragraph (b)(2) of this section. tenna pointing error that may be (ii) If a good faith agreement cannot greater than 0.2° provided that the ESV be reached between the target satellite does not exceed the off-axis EIRP spec- operator and the operator of a future tral-density limits in paragraph satellite that is located within 6 de- (a)(1)(i) of this section, taking into ac- grees longitude of the target satellite, count the antenna pointing error. the ESV operator shall accept the (iii) Except for ESV systems oper- power-density levels that would accom- ating under paragraph (a)(3) of this sec- modate that adjacent satellite. tion, each ESV transmitter must meet (iii) The ESV shall operate in accord- one of the following cessation of emis- ance with the off-axis EIRP spectral- sion requirements: densities that the ESV supplied to the (A) For ESVs operating under para- target satellite operator in order to ob- graph (a)(1)(ii)(A) of this section, all tain the certifications listed in para- emissions from the ESV shall auto- graph (b)(2) of this section. Except for matically cease within 100 milliseconds ESVs with variable power systems, the if the angle between the orbital loca- ESV shall automatically cease emis- tion of the target satellite and the axis sions within 100 milliseconds if the of the main lobe of the ESV antenna ESV transmitter exceeds the off-axis exceeds 0.5°, and transmission will not EIRP spectral-densities supplied to the

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target satellite operator. For ESVs densities to exceed the off-axis EIRP- using variable power systems, the indi- density limits specified in paragraph vidual ESV transmitter shall auto- (a)(3)(i) of this section, then the trans- matically cease or reduce emissions mitter or transmitters shall cease or within 100 milliseconds if the ESV reduce emissions within 100 milli- transmitter exceeds the off-axis EIRP- seconds of receiving a command from density limits supplied to the target the system’s central control and moni- satellite operator; the individual trans- toring station. mitter must be self-monitoring and ca- (4) There shall be a point of contact pable of shutting itself off; and if one in the United States, with phone num- or more ESV transmitters causes the ber and address, available 24 hours a aggregate off-axis EIRP-densities to day, seven days a week, with authority exceed the off-axis EIRP-density limits and ability to cease all emissions from supplied to the target satellite oper- the ESVs, either directly or through ator, then the transmitter or transmit- the facilities of a U.S. Hub or a Hub lo- ters shall cease or reduce emissions cated in another country with which within 100 milliseconds of receiving a the United States has a bilateral agree- command from the system’s central ment that enables such cessation of control and monitoring station. emissions. (3) The following requirements shall (5) For each ESV transmitter, a apply to an ESV system that uses vari- record of the ship location (i.e., lati- able power-density control of indi- tude/longitude), transmit frequency, vidual simultaneously transmitting co- channel bandwidth and satellite used frequency ESV earth stations in the shall be time annotated and main- same satellite receiving beam unless tained for a period of not less than 1 that ESV system operates pursuant to year. Records will be recorded at time paragraph (a)(2) of this section. An intervals no greater than every 20 min- ESV system operating under this para- utes while the ESV is transmitting. graph (a)(3) shall provide a detailed The ESV operator will make this data demonstration as described in para- available upon request to a coordi- graph (b)(3) of this section. nator, fixed system operator, Fixed- (i) The effective aggregate EIRP-den- Satellite system operator, or the Com- sity from all terminals shall be at least mission within 24 hours of the request. 1 dB below the off-axis EIRP-density (6) ESV operators communicating limits defined in paragraph (a)(1)(i) of with vessels of foreign registry must this section, with the value of N = 1. In maintain detailed information on each this context the term ‘‘effective’’ vessel’s country of registry and a point means that the resultant co-polarized of contact for the relevant administra- and cross-polarized EIRP-density expe- tion responsible for licensing ESVs. rienced by any GSO or non-GSO sat- (7) ESV operators shall control all ellite shall not exceed that produced by ESVs by a hub earth station located in a single transmitter operating 1 dB the United States, except that an ESV below the off-axis EIRP-density limits on U.S.-registered vessels may operate defined in paragraph (a)(1)(i) of this under control of a hub earth station lo- section. An ESV system operating cation outside the United States pro- under this paragraph (a)(3) shall provided the ESV operator maintains a vide a detailed demonstration as de- point of contact within the United scribed in paragraph (b)(3)(i) of this States that will have the capability section. and authority to cause an ESV on a (ii) The individual ESV transmitter U.S.-registered vessel to cease trans- shall automatically cease or reduce mitting if necessary. emissions within 100 milliseconds if the (8) ESV operators transmitting in the ESV transmitter exceeds the off-axis 5925–6425 MHz (Earth-to-space) fre- EIRP-density limits specified in para- quency band to GSO satellites in the graph (a)(3)(i) of this section. The indi- Fixed-Satellite Service (FSS) shall not vidual transmitter must be self-moni- seek to coordinate, in any geographic toring and capable of shutting itself location, more than 36 megahertz of off. If one or more ESV transmitters uplink bandwidth on each of no more causes the aggregate off-axis EIRP- than two GSO FSS satellites.

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(9) ESVs shall not operate in the nation dispute is resolved and the ESV 5925–6425 MHz (Earth-to-space) and licensee informs the Commission of the 3700–4200 MHz (space-to-Earth) fre- resolution. As used in this section, quency bands on vessels smaller than ‘‘baseline’’ means the line from which 300 gross tons. maritime zones are measured. The (10) ESVs, operating while docked, baseline is a combination of the low- that complete coordination with ter- water line and closing lines across the restrial stations in the 3700–4200 MHz mouths of inland water bodies and is band in accordance with § 25.251, shall defined by a series of baseline points receive protection from such terres- that include islands and ‘‘low-water trial stations in accordance with the elevations,’’ as determined by the U.S. coordination agreements, for 180 days, Department of State’s Baseline Com- renewable for 180 days. mittee. (11) ESVs in motion shall not claim (13) ESV operators must automati- protection from harmful interference cally cease transmission if the ESV op- from any authorized terrestrial sta- erates in violation of the terms of its tions or lawfully operating satellites to coordination agreement, including, but which frequencies are either already not limited to, conditions related to assigned, or may be assigned in the fu- speed of the vessel or if the ESV trav- ture in the 3700–4200 MHz (space-to- els outside the coordinated area, if Earth) frequency band. within 200 km from the baseline of the (12) ESVs operating within 200 km United States, or within 200 km from a from the baseline of the United States, U.S.-licensed fixed service offshore in- or within 200 km from a U.S.-licensed stallation. Transmissions may be con- fixed service offshore installation, trolled by the ESV network. The fre- shall complete coordination with po- quency coordinator may decide wheth- tentially affected U.S.-licensed fixed er ESV operators should automatically service operators prior to operation. cease transmissions if the vessel falls The coordination method and the in- below a prescribed speed within a pre- terference criteria objective shall be scribed geographic area. determined by the frequency coordi- (b) Applications for ESV operation in nator. The details of the coordination the 5925–6425 MHz (Earth-to-space) shall be maintained and available at band to GSO satellites in the Fixed- the frequency coordinator, and shall be Satellite Service must include, in addi- filed with the Commission electroni- tion to the particulars of operation cally via the International Bureau Fil- identified on Form 312, and associated ing System (http://licensing.fcc.gov/ Schedule B, the applicable technical myibfs/) to be placed on public notice. demonstrations in paragraphs (b)(1) or The coordination notifications must be (2) of this section and the documenta- filed in the form of a statement ref- tion identified in paragraphs (b)(3) erencing the relevant call signs and file through (5) of this section. numbers. Operation of each individual (1) An ESV applicant proposing to ESV may commence immediately after implement a transmitter under para- the public notice is released that iden- graph (a)(1) of this section must dem- tifies the notification sent to the Com- onstrate that the transmitter meets mission. Continuance of operation of the off-axis EIRP spectral-density lim- that ESV for the duration of the co- its contained in paragraph (a)(1)(i) of ordination term shall be dependent this section. To provide this dem- upon successful completion of the nor- onstration, the application shall in- mal public notice process. If, prior to clude the tables described in paragraph the end of the 30-day comment period (b)(1)(i) of this section or the certifi- of the public notice, any objections are cation described in paragraph (b)(1)(ii) received from U.S.-licensed Fixed Serv- of this section. The ESV applicant also ice operators that have been excluded must provide the value N described in from coordination, the ESV licensee paragraph (a)(1)(i)(A) of this section. must immediately cease operation of An ESV applicant proposing to imple- that particular station on frequencies ment a transmitter under paragraph used by the affected U.S.-licensed (a)(1)(ii)(A) of this section must pro- Fixed Service station until the coordi- vide the certifications identified in

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paragraph (b)(1)(iii) of this section. An paragraphs (a)(1)(i)(A) through (C) of ESV applicant proposing to implement this section will be met under the as- a transmitter under paragraph sumption that the antenna is pointed (a)(1)(ii)(B) of this section must provide at the target satellite. If an antenna the demonstrations identified in para- proposed for use by the applicant does graph (b)(1)(iv) of this section. not comply with the antenna perform- (i) Any ESV applicant filing an appli- ance standards in § 25.209(a) and (b), the cation pursuant to paragraph (a)(1) of applicant must provide, as an exhibit this section must file three tables to its application, antenna gain test showing the off-axis EIRP density level plots pursuant to § 25.132(b)(3). of the proposed earth station antenna (iii) An ESV applicant proposing to in the direction of the plane of the implement a transmitter under para- GSO; the co-polarized EIRP density in graph (a)(1)(ii)(A) of this section, must the elevation plane, that is, the plane provide a certification from the equip- perpendicular to the plane of the GSO; ment manufacturer stating that the and cross polarized EIRP density. In antenna tracking system will maintain each table, the EIRP density level a pointing error of less than or equal to must be provided at increments of 0.1° 0.2° between the orbital location of the for angles between 0° and 10° off-axis, target satellite and the axis of the and at increments of 5° for angles be- main lobe of the ESV antenna and that tween 10° and 180° off-axis. the antenna tracking system is capable (A) For purposes of the off-axis EIRP of ceasing emissions within 100 milli- density table in the plane of the GSO, seconds if the angle between the or- the off-axis angle is the angle in de- bital location of the target satellite grees from the line connecting the and the axis of the main lobe of the focal point of the antenna to the or- ESV antenna exceeds 0.5°. bital position of the target satellite, (iv) An ESV applicant proposing to and the plane of the GSO is determined implement a transmitter under para- by the focal point of the antenna and graph (a)(1)(ii)(B) of this section must: the line tangent to the arc of the GSO at the orbital position of the target (A) Declare, in its application, a satellite. maximum antenna pointing error and (B) For purposes of the off-axis co-po- demonstrate that the maximum an- larized EIRP density table in the ele- tenna pointing error can be achieved vation plane, the off-axis angle is the without exceeding the off-axis EIRP angle in degrees from the line con- spectral-density limits in paragraph necting the focal point of the antenna (a)(1)(i) of this section; and to the orbital position of the target (B) Demonstrate that the ESV trans- satellite, and the elevation plane is de- mitter can detect if the transmitter ex- fined as the plane perpendicular to the ceeds the declared maximum antenna plane of the GSO defined in paragraph pointing error and can cease trans- (b)(1)(i)(A) of this section. mission within 100 milliseconds if the (C) For purposes of the cross-polar- angle between the orbital location of ized EIRP density table, the off-axis the target satellite and the axis of the angle is the angle in degrees from the main lobe of the ESV antenna exceeds line connecting the focal point of the the declared maximum antenna point- antenna to the orbital position of the ing error, and will not resume trans- target satellite and the plane of the missions until the angle between the GSO as defined in paragraph (b)(1)(i)(A) orbital location of the target satellite of this section will be used. and the axis of the main lobe of the (ii) A certification, in Schedule B, ESV antenna is less than or equal to that the ESV antenna conforms to the the declared maximum antenna point- gain pattern criteria of § 25.209(a) and ing error. (b), that, combined with the maximum (2) An ESV applicant proposing to input power density calculated from implement a transmitter under para- the EIRP density less the antenna graph (a)(2) of this section and using gain, which is entered in Schedule B, off-axis EIRP spectral-densities in ex- demonstrates that the off-axis EIRP cess of the levels in paragraph (a)(1)(i) spectral density envelope set forth in or (a)(3)(i) of this section shall provide

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the following certifications and dem- variable power-density control of indi- onstration(s) as exhibits to its earth vidual simultaneously transmitting co- station application: frequency ESV earth stations in the (i) A statement from the target sat- same satellite receiving beam shall ellite operator certifying that the pro- provide the information in paragraphs posed operation of the ESV has the po- (b)(3)(i) and (b)(3)(ii) of this section as tential to create harmful interference exhibits to its earth station applica- to satellite networks adjacent to the tion. The International Bureau will target satellite(s) that may be unac- place these showings on Public Notice ceptable. along with the application. (ii) A statement from the target sat- (i) The ESV applicant shall provide a ellite operator certifying that the detailed showing of the measures it in- power-density levels that the ESV ap- tends to employ to maintain the effec- plicant provided to the target satellite tive aggregate EIRP-density from all operator are consistent with the exist- simultaneously transmitting co-fre- ing coordination agreements between quency terminals operating with the its satellite(s) and the adjacent sat- same satellite transponder at least 1 ° ellite systems within 6 of orbital sepa- dB below the EIRP-density limits de- ration from its satellite(s). fined in paragraph (a)(1)(i) of this sec- (iii) A statement from the target sat- tion. In this context the term ‘‘effec- ellite operator certifying that it will tive’’ means that the resultant co-po- include the power-density levels of the larized and cross-polarized EIRP-den- ESV applicant in all future coordina- sity experienced by any GSO or non- tion agreements. GSO satellite shall not exceed that pro- (iv) Except for variable power ESV duced by a single ESV transmitter op- applicants, a demonstration from the erating at 1 dB below the limits defined ESV operator that the ESV system is in paragraph (a)(1)(i) of this section. capable of detecting and automatically (ii) The ESV applicant shall provide a ceasing emissions within 100 milli- detailed showing that an individual seconds when the transmitter exceeds ESV terminal is capable of automati- the off-axis EIRP spectral-densities cally ceasing or reducing emissions supplied to the target satellite operator. Variable power ESV applicants within 100 milliseconds if the ESV shall provide a detailed showing that transmitter exceeds the off-axis EIRP- an individual ESV terminal is capable density limit specified in paragraph of automatically ceasing or reducing (a)(3)(i) of this section and that the in- emissions within 100 milliseconds if the dividual transmitter is self-monitoring ESV transmitter exceeds the off-axis and capable of shutting itself off. The EIRP spectral-densities supplied to the ESV applicant shall also provide a de- target satellite operator; that the indi- tailed showing that one or more trans- vidual transmitter is self-monitoring mitters are capable of automatically and capable of shutting itself off; and ceasing or reducing emissions within that one or more transmitters are ca- 100 milliseconds of receiving the appro- pable of automatically ceasing or re- priate command from the system’s cen- ducing emissions within 100 milli- tral control and monitoring station if seconds of receiving the appropriate the aggregate off-axis EIRP spectral- command from the system’s central densities of the transmitter or trans- control and monitoring station if the mitters exceed the off-axis EIRP-den- aggregate off-axis EIRP spectral-density limits specified in paragraph sities of the transmitter or transmit- (a)(3)(i) of this section. ters exceed the off-axis EIRP spectral- (4) There shall be an exhibit included densities supplied to the target sat- with the application describing the ge- ellite operator. ographic area(s) in which the ESVs will (v) A certification from the ESV op- operate. erator that the ESV system complies (5) The point of contact information with the power limits in § 25.204(h). referred to in paragraph (a)(3) of this (3) An ESV applicant proposing to section and, if applicable, paragraph implement an ESV system under para- (a)(6) of this section, must be included graph (a)(3) of this section and using in the application.

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(6) ESVs that exceed the radiation comply with the requirements in para- guidelines of § 1.1310 of this chapter, graph (a)(1), (a)(2) or (a)(3) of this sec- Radiofrequency radiation exposure tion and all of the requirements set limits, must provide, with their envi- forth in paragraphs (a)(4) through (a)(8) ronmental assessment, a plan for miti- of this section. Paragraph (b) of this gation of radiation exposure to the ex- section identifies items that must be tent required to meet those guidelines. included in the application for ESV op- (7) Except for ESV systems operating erations to demonstrate that these on- pursuant to paragraph (a)(2) of this sec- going requirements will be met. tion, ESV systems authorized pursuant (1) The following requirements shall to this section shall be eligible for a li- apply to an ESV that uses transmitters cense that lists Permitted List as an with off-axis effective isotropically ra- authorized point of communication. diated power (EIRP) spectral-densities [74 FR 47102, Sept. 15, 2009, as amended at 77 lower than or equal to the levels in FR 50050, Aug. 20, 2012; 78 FR 8429, Feb. 6, paragraph (a)(1)(i)(A) of this section. 2013; 78 FR 29062, May 17, 2013; 79 FR 8324, An ESV, or ESV system, operating Feb. 12, 2014] under this section shall provide a de- § 25.222 Blanket Licensing provisions tailed demonstration as described in for Earth Stations on Vessels (ESVs) paragraph (b)(1) of this section. The receiving in the 10.95–11.2 GHz ESV transmitter also must comply (space-to-Earth), 11.45–11.7 GHz with the antenna pointing and ces- (space-to-Earth), 11.7–12.2 GHz sation of emission requirements in (space-to-Earth) bands and transmitting in the 14.0–14.5 GHz (Earth- paragraphs (a)(1)(ii) and (a)(1)(iii) of to-space) band, operating with Geo- this section. stationary Orbit (GSO) Satellites in (i) An ESV system shall not exceed the Fixed-Satellite Service. the off-axis EIRP spectral-density lim- (a) The following ongoing require- its and conditions defined in para- ments govern all ESV licensees and op- graphs (a)(1)(i)(A) through (a)(1)(i)(D) erations in the 10.95–11.2 GHz (space-to- of this section. Earth), 11.45–11.7 GHz (space-to-Earth), (A) The off-axis EIRP spectral-den- 11.7–12.2 GHz (space-to-Earth) and 14.0– sity emitted from the ESV, in the 14.5 GHz (Earth-to-space) bands trans- plane of the GSO as it appears at the mitting to GSO satellites in the Fixed- particular earth station location, shall Satellite Service.ESV licensees must not exceed the following values:

15¥10log(N)¥25logq ...... dBW/4 kHz ...... for ...... 1.5° ≤q ≤7° ¥6 ¥10log(N) ...... dBW/4 kHz ...... for ...... 7°

Where theta (q) is the angle in de- taneously transmitting ESV earth sta- grees from the line connecting the tions in the same satellite receiving focal point of the antenna to the or- beam. For the purpose of this section, bital location of the target satellite, the peak EIRP of an individual sidelobe the plane of the GSO is determined by may not exceed the envelope defined the focal point of the antenna and the above for q between 1.5° and 7.0°. For q line tangent to the arc of the GSO at greater than 7.0°, the envelope may be the orbital location of the target sat- exceeded by no more than 10% of the ellite. For ESV networks using fre- sidelobes, provided no individual quency division multiple access sidelobe exceeds the envelope given (FDMA) or time division multiple ac- above by more than 3 dB. cess (TDMA) techniques, N is equal to (B) In all directions other than along one. For ESV networks using multiple the GSO, the off-axis EIRP spectral- co-frequency transmitters that have density for co-polarized signals emitted the same EIRP, N is the maximum ex- from the ESV shall not exceed the fol- pected number of co-frequency simul- lowing values:

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18¥10log(N)¥25logq ...... dBW/4 kHz ...... for ...... 3.0° ≤q ≤48° ¥24¥10log(N) ...... dBW/4 kHz ...... for ...... 48°

Where q and N are defined in para- 10% of the sidelobes provided no indi- graph (a)(1)(i)(A) of this section. This vidual sidelobe exceeds the gain enve- off-axis EIRP spectral-density applies lope given above by more than 6 dB. in any plane that includes the line con- The region of the main reflector spill- necting the focal point of the antenna over energy is to be interpreted as a to the orbital location of the target single lobe and shall not exceed the en- satellite with the exception of the velope by more than 6 dB. plane of the GSO as defined in para- (C) In all directions, the off-axis graph (a)(1)(i)(A) of this section. For EIRP spectral-density for cross-polar- the purpose of this section, the enve- ized signals emitted from the ESV lope may be exceeded by no more than shall not exceed the following values:

5¥10log(N)¥25logq ...... dBW/4 kHz ...... for ...... 1.8° ≤q ≤7.0° ¥16¥10log(N) ...... dBW/4 kHz ...... for ...... 7.0°

Where q and N are defined as set (A) For ESVs operating under para- forth in paragraph (a)(1)(i)(A) of this graph (a)(1)(ii)(A) of this section, all section. This EIRP spectral-density ap- emissions from the ESV shall auto- plies in any plane that includes the matically cease within 100 milliseconds line connecting the focal point of the if the angle between the orbital loca- antenna to the target satellite. tion of the target satellite and the axis (D) For non-circular ESV antennas, of the main lobe of the ESV antenna the major axis of the antenna will be exceeds 0.5°, and transmission will not aligned with the tangent to the arc of resume until such angle is less than or the GSO at the orbital location of the equal to 0.2°, or target satellite, to the extent required (B) For ESV transmitters operating to meet the specified off-axis EIRP under paragraph (a)(1)(ii)(B) of this sec- spectral-density criteria. tion, all emissions from the ESV shall (ii) Except for ESV systems oper- automatically cease within 100 milli- ating under paragraph (a)(3) of this sec- seconds if the angle between the or- tion, each ESV transmitter must meet bital location of the target satellite one of the following antenna pointing and the axis of the main lobe of the error requirements: ESV antenna exceeds the declared (A) Each ESV transmitter shall maximum antenna pointing error and maintain a pointing error of less than or equal to 0.2° between the orbital lo- shall not resume transmissions until cation of the target satellite and the such angle is less than or equal to the axis of the main lobe of the ESV an- declared maximum antenna pointing tenna, or error. (B) Each ESV transmitter shall de- (2) The following requirements shall clare a maximum antenna pointing apply to an ESV that uses off-axis error that may be greater than 0.2° pro- EIRP spectral-densities in excess of the vided that the ESV does not exceed the levels in paragraph (a)(1)(i) or (a)(3)(i) off-axis EIRP spectral-density limits in of this section. An ESV or ESV system paragraph (a)(1)(i) of this section, tak- operating under this paragraph (a)(2) ing into account the antenna pointing shall file certifications and provide a error. detailed demonstration(s) as described (iii) Except for ESV systems oper- in paragraph (b)(2) of this section. ating under paragraph (a)(3) of this sec- (i) The ESV shall transmit only to tion, each ESV transmitter must meet the target satellite system(s) referred one of the following cessation of emis- to in the certifications required by sion requirements: paragraph (b)(2) of this section.

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(ii) If a good faith agreement cannot ellite shall not exceed that produced by be reached between the target satellite a single transmitter operating 1 dB operator and the operator of a future below the limits defined in paragraph satellite that is located within 6 de- (a)(1)(i) of this section. An ESV system grees longitude of the target satellite, operating under this paragraph (a)(3) the ESV operator shall accept the shall provide a detailed demonstration power-density levels that would accom- as described in paragraph (b)(3)(i) of modate that adjacent satellite. this section. (iii) The ESV shall operate in accord- (ii) The individual ESV transmitter ance with the off-axis EIRP spectral- shall automatically cease or reduce densities that the ESV supplied to the emissions within 100 milliseconds if the target satellite operator in order to ob- ESV transmitter exceeds the off-axis tain the certifications listed in para- EIRP-density limits specified in paragraph (b)(2) of this section. Except for graph (a)(3)(i) of this section. The indi- ESVs with variable power systems, the vidual transmitter must be self-moni- ESV shall automatically cease emis- toring and capable of shutting itself sions within 100 milliseconds if the off. If one or more ESV transmitters ESV transmitter exceeds the off-axis causes the aggregate off-axis EIRP- EIRP spectral-densities supplied to the densities to exceed the off-axis EIRP- target satellite operator. For ESVs density limits specified in paragraph using variable power systems, the indi- (a)(3)(i) of this section, then the trans- vidual ESV transmitter shall auto- mitter or transmitters shall cease or matically cease or reduce emissions reduce emissions within 100 milli- within 100 milliseconds if the ESV seconds of receiving a command from transmitter exceeds the off-axis EIRP- the system’s central control and moni- density limits supplied to the target toring station. satellite operator; the individual trans- (4) There shall be a point of contact mitter must be self-monitoring and ca- in the United States, with phone num- pable of shutting itself off; and if one ber and address, available 24 hours a or more ESV transmitters causes the day, seven days a week, with authority aggregate off-axis EIRP-densities to and ability to cease all emissions from exceed the off-axis EIRP-density limits supplied to the target satellite oper- the ESVs, either directly or through ator, then the transmitter or transmit- the facilities of a U.S. Hub or a Hub lo- ters shall cease or reduce emissions cated in another country with which within 100 milliseconds of receiving a the United States has a bilateral agree- command from the system’s central ment that enables such cessation of control and monitoring station. emissions. (3) The following requirements shall (5) For each ESV transmitter, a apply to an ESV system that uses vari- record of the ship location (i.e., lati- able power-density control of indi- tude/longitude), transmit frequency, vidual simultaneously transmitting co- channel bandwidth and satellite used frequency ESV earth stations in the shall be time annotated and main- same satellite receiving beam unless tained for a period of not less than 1 that ESV system operates pursuant to year. Records will be recorded at time paragraph (a)(2) of this section. An intervals no greater than every 20 min- ESV system operating under this para- utes while the ESV is transmitting. graph (a)(3) shall provide a detailed The ESV operator will make this data demonstration as described in para- available upon request to a coordi- graph (b)(3) of this section. nator, fixed system operator, Fixed- (i) The effective aggregate EIRP-den- Satellite system operator, NTIA, or the sity from all terminals shall be at least Commission within 24 hours of the re- 1 dB below the off-axis EIRP-density quest. limits defined in paragraph (a)(1)(i) of (6) ESV operators communicating this section, with the value of N = 1. In with vessels of foreign registry must this context the term ‘‘effective’’ maintain detailed information on each means that the resultant co-polarized vessel’s country of registry and a point and cross-polarized EIRP-density expe- of contact for the relevant administra- rienced by any GSO or non-GSO sat- tion responsible for licensing ESVs.

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(7) ESV operators shall control all of the proposed earth station antenna ESVs by a Hub earth station located in in the direction of the plane of the the United States, except that an ESV GSO; the co-polarized EIRP density in on U.S.-registered vessels may operate the elevation plane, that is, the plane under control of a Hub earth station lo- perpendicular to the plane of the GSO; cation outside the United States pro- and cross polarized EIRP density. In vided the ESV operator maintains a each table, the EIRP density level point of contact within the United must be provided at increments of 0.1° States that will have the capability for angles between 0° and 10° off-axis, and authority to cause an ESV on a and at increments of 5° for angles be- U.S.-registered vessel to cease trans- tween 10° and 180° off-axis. mitting if necessary. (A) For purposes of the off-axis EIRP (8) In the 10.95–11.2 GHz (space-to- density table in the plane of the GSO, Earth) and 11.45–11.7 GHz (space-to- the off-axis angle is the angle in de- Earth) frequency bands ESVs shall not grees from the line connecting the claim protection from interference focal point of the antenna to the or- from any authorized terrestrial sta- bital location of the target satellite, tions to which frequencies are either and the plane of the GSO is determined already assigned, or may be assigned in by the focal point of the antenna and the future. the line tangent to the arc of the GSO (b) Applications for ESV operation in at the orbital position of the target the 14.0–14.5 GHz (Earth-to-space) band satellite. to GSO satellites in the Fixed-Satellite (B) For purposes of the off-axis co-po- Service must include, in addition to larized EIRP density table in the ele- the particulars of operation identified vation plane, the off-axis angle is the on Form 312, and associated Schedule angle in degrees from the line con- B, the applicable technical demonstra- necting the focal point of the antenna tions in paragraphs (b)(1) or (2) of this to the orbital location of the target section and the documentation identi- satellite, and the elevation plane is de- fied in paragraphs (b)(3) through (5) of fined as the plane perpendicular to the this section. plane of the GSO defined in paragraph (1) An ESV applicant proposing to (b)(1)(i)(A) of this section. implement a transmitter under para- (C) For purposes of the cross-polar- graph (a)(1) of this section must dem- ized EIRP density table, the off-axis onstrate that the transmitter meets angle is the angle in degrees from the the off-axis EIRP spectral-density lim- line connecting the focal point of the its contained in paragraph (a)(1)(i) of antenna to the orbital location of the this section. To provide this dem- target satellite and the plane of the onstration, the application shall in- GSO as defined in paragraph (b)(1)(i)(A) clude the tables described in paragraph of this section will be used. (b)(1)(i) of this section or the certifi- (ii) A certification, in Schedule B, cation described in paragraph (b)(1)(ii) that the ESV antenna conforms to the of this section. The ESV applicant also gain pattern criteria of § 25.209(a) and must provide the value N described in (b), that, combined with the maximum paragraph (a)(1)(i)(A) of this section. input power density calculated from An ESV applicant proposing to imple- the EIRP density less the antenna ment a transmitter under paragraph gain, which is entered in Schedule B, (a)(1)(ii)(A) of this section must pro- demonstrates that the off-axis EIRP vide the certifications identified in spectral density envelope set forth in paragraph (b)(1)(iii) of this section. An paragraphs (a)(1)(i)(A) through (C) of ESV applicant proposing to implement this section will be met under the as- a transmitter under paragraph sumption that the antenna is pointed (a)(1)(ii)(B) of this section must provide at the target satellite. If an antenna the demonstrations identified in para- proposed for use by the applicant does graph (b)(1)(iv) of this section. not comply with the antenna perform- (i) Any ESV applicant filing an appli- ance standards contained in § 25.209(a) cation pursuant to paragraph (a)(1) of and (b), the applicant must provide, as this section must file three tables an exhibit to its application, antenna showing the off-axis EIRP density level gain test plots pursuant to § 25.132(b)(3).

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(iii) An ESV applicant proposing to (ii) A statement from the target sat- implement a transmitter under para- ellite operator certifying that the graph (a)(1)(ii)(A) of this section, must power-density levels that the ESV ap- provide a certification from the equip- plicant provided to the target satellite ment manufacturer stating that the operator are consistent with the exist- antenna tracking system will maintain ing coordination agreements between a pointing error of less than or equal to its satellite(s) and the adjacent sat- 0.2 between the orbital location of the ellite systems within 6° of orbital sepa- target satellite and the axis of the ration from its satellite(s). main lobe of the ESV antenna and that (iii) A statement from the target sat- the antenna tracking system is capable ellite operator certifying that it will of ceasing emissions within 100 milli- include the power-density levels of the seconds if the angle between the or- ESV applicant in all future coordina- bital location of the target satellite tion agreements. and the axis of the main lobe of the (iv) Except for variable power ESV ESV antenna exceeds 0.5°. applicants, a demonstration from the (iv) An ESV applicant proposing to ESV operator that the ESV system is implement a transmitter under paragraph (a)(1)(ii)(B) of this section must: capable of detecting and automatically ceasing emissions within 100 milli- (A) Declare, in their application, a maximum antenna pointing error and seconds when the transmitter exceeds demonstrate that the maximum an- the off-axis EIRP spectral-densities tenna pointing error can be achieved supplied to the target satellite oper- without exceeding the off-axis EIRP ator. Variable power ESV applicants spectral-density limits in paragraph shall provide a detailed showing that (a)(1)(A) of this section; and an individual ESV terminal is capable (B) Demonstrate that the ESV trans- of automatically ceasing or reducing mitter can detect if the transmitter ex- emissions within 100 milliseconds if the ceeds the declared maximum antenna ESV transmitter exceeds the off-axis pointing error and can cease trans- EIRP spectral-densities supplied to the mission within 100 milliseconds if the target satellite operator; that the indi- angle between the orbital location of vidual transmitter is self-monitoring the target satellite and the axis of the and capable of shutting itself off; and main lobe of the ESV antenna exceeds that one or more transmitters are ca- the declared maximum antenna point- pable of automatically ceasing or re- ing error, and will not resume trans- ducing emissions within 100 milli- missions until the angle between the seconds of receiving the appropriate orbital location of the target satellite command from the system’s central and the axis of the main lobe of the control and monitoring station if the ESV antenna is less than or equal to aggregate off-axis EIRP spectral-den- the declared maximum antenna point- sities of the transmitter or transmit- ing error. ters exceed the off-axis EIRP spectral- (2) An ESV applicant proposing to densities supplied to the target sat- implement a transmitter under para- ellite operator. graph (a)(2) of this section and using (3) An ESV applicant proposing to off-axis EIRP spectral-densities in ex- implement an ESV system under para- cess of the levels in paragraph (a)(1)(i) graph (a)(3) of this section and using or (a)(3)(i) of this section shall provide variable power-density control of indi- the following certifications and dem- vidual simultaneously transmitting co- onstration(s) as exhibits to its earth frequency ESV earth stations in the station application: same satellite receiving beam shall (i) A statement from the target sat- provide the information in paragraphs ellite operator certifying that the pro- (b)(3)(i) and (b)(3)(ii) of this section as posed operation of the ESV has the po- exhibits to its ESV application. The tential to create harmful interference International Bureau will place these to satellite networks adjacent to the showings on Public Notice along with target satellite(s) that may be unacceptable. the application.

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(i) The ESV applicant shall provide a cense that lists Permitted List as an detailed showing of the measures it in- authorized point of communication. tends to employ to maintain the effec- (c) Operations of ESVs in the 14.0–14.2 tive aggregate EIRP-density from all GHz (Earth-to-space) frequency band simultaneously transmitting co-fre- within 125 km of the NASA TDRSS fa- quency terminals operating with the cilities on Guam (located at latitude: same satellite transponder at least 1 13°36′55″ N, longitude 144°51′22″ E) or dB below the EIRP-density limits de- White Sands, New Mexico (latitude: fined in paragraph (a)(1)(i) of this sec- 32°20′59″ N, longitude 106°36′31″ W and tion. In this context the term ‘‘effec- latitude: 32°32′40″ N, longitude 106°36′48″ tive’’ means that the resultant co-po- W) are subject to coordination through larized and cross-polarized EIRP-den- the National Telecommunications and sity experienced by any GSO or non- Information Administration (NTIA) GSO satellite shall not exceed that pro- Interdepartment Radio Advisory Com- duced by a single ESV transmitter op- mittee (IRAC). When NTIA seeks to erating at 1 dB below the limits defined provide similar protection to future in paragraph (a)(1)(i) of this section. TDRSS sites that have been coordi- (ii) The ESV applicant shall provide a nated through the IRAC Frequency As- detailed showing that an individual signment Subcommittee process, NTIA ESV terminal is capable of automati- will notify the Commission that the cally ceasing emissions within 100 mil- site is nearing operational status. Upon liseconds if the ESV transmitter ex- public notice from the Commission, all ceeds the off-axis EIRP-density limit Ku-band ESV operators must cease op- specified in paragraph (a)(3)(i) of this erations in the 14.0–14.2 GHz band with- section and that the individual trans- in 125 km of the new TDRSS site until mitter is self-monitoring and capable after NTIA/IRAC coordination for the of shutting itself off. The ESV appli- new TDRSS facility is complete. ESV cant shall also provide a detailed show- operations will then again be permitted ing that one or more transmitters are to operate in the 14.0–14.2 GHz band capable of automatically ceasing or re- within 125 km of the new TDRSS site, ducing emissions within 100 milli- subject to any operational constraints seconds of receiving the appropriate developed in the coordination process. command from the system’s central (d) Operations of ESVs in the 14.47– control and monitoring station if the 14.5 GHz (Earth-to-space) frequency aggregate off-axis EIRP spectral-den- band within (a) 45 km of the radio ob- sities of the transmitter or transmit- servatory on St. Croix, Virgin Islands ters exceed the off-axis EIRP-density ° ′ ° ′ limits specified in paragraph (a)(3)(i) of (latitude 17 46 N, longitude 64 35 W); (b) 125 km of the radio observatory on this section. ° ′ (4) There shall be an exhibit included Mauna Kea, Hawaii (at latitude 19 48 ° ′ with the application describing the ge- N, longitude 155 28 W); and (c) 90 km of ographic area(s) in which the ESVs will the Arecibo Observatory on Puerto ° ′ ″ operate. Rico (latitude 18 20 46 W, longitude ° ′ ″ (5) The point of contact referred to in 66 45 11 N) are subject to coordination paragraph (a)(3) of this section and, if through the National Telecommuni- applicable paragraph (a)(6) of this sec- cations and Information Administra- tion, must be included in the application (NTIA) Interdepartment Radio Ad- tion. visory Committee (IRAC). (6) ESVs that exceed the radiation [74 FR 47105, Sept. 15, 2009, as amended at 77 guidelines of § 1.1310 of this chapter, FR 50051, Aug. 20, 2012; 78 FR 8429, Feb. 6, Radiofrequency radiation exposure 2013; 79 FR 8324, Feb. 12, 2014] limits, must provide, with their environmental assessment, a plan for miti- § 25.223 Alternative licensing rules for gation of radiation exposure to the ex- feeder-link earth stations in the 17/ tent required to meet those guidelines. 24 GHz BSS. (7) Except for ESV systems operating (a) This section applies to license ap- pursuant to paragraph (a)(2) of this sec- plications for earth stations that tion, ESV systems authorized pursuant transmit to 17/24 GHz Broadcasting- to this section shall be eligible for a li- Satellite Service space stations that

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are not eligible for routine processing (1) 17/24 GHz BSS earth station an- under § 25.212(f). tenna off-axis EIRP spectral density (b) All applications for earth station for co-polarized signals shall not ex- licenses in the 24.75–25.25 GHz portion ceed the following values, within ±3° of of 17/24 GHz BSS shall be routinely the GSO arc, under clear sky condi- processed if they meet the following re- tions: quirements:

32.5–25log(q) ...... dBW/MHz ...... for 2° ≤q ≤7° 11.4 ...... dBW/MHz ...... for 7° ≤q ≤9.2° 35.5–25log(q) ...... dBW/MHz ...... for 9.2° ≤q ≤48° 3.5 ...... dBW/MHz ...... for 48° ≤q ≤180°

Where q is the angle in degrees from the for co-polarized signals shall not ex- axis of the main lobe. ceed the following values, for all direc- (2) 17/24 GHz BSS earth station an- tions other than within ±3° of the GSO tenna off-axis EIRP spectral density arc, under clear sky conditions:

35.5–25log(q) ...... dBW/MHz ...... for 2° ≤q ≤7° 14.4 ...... dBW/MHz ...... for 7° ≤q ≤9.2° 38.5–25log(q) ...... dBW/MHz ...... for 9.2° ≤q ≤48° 6.5 ...... dBW/MHz ...... for 48° ≤q ≤180°

Where q is the angle in degrees from the when measured along both sides of the axis of the main lobe. GSO arc. (3) The values given in paragraphs (b) (4) 17/24 GHz BSS earth station an- (1) and (2) of this section may be ex- tenna off-axis EIRP spectral density for cross-polarized signals shall not exceeded by 3 dB, for values of q >10°, proceed the following values, in all direc- vided that the total angular range over tions greater than + 3 relative to the which this occurs does not exceed 20° GSO arc, under clear sky conditions:

22.5–25log(q) ...... dBW/MHz ...... for 2° ≤q ≤7° 1.4 ...... dBW/MHz ...... for 7° ≤q ≤9.2°

Where is the angle in degrees from the axis this section, potentially affected par- of the main lobe. ties are operators of co-frequency U.S.- (c) Each earth station license appli- authorized satellites up to ±10° from cant that proposes levels in excess of the proposed satellite points of com- those defined in paragraph (b) of this munication. Power density levels section must certify that all poten- greater than 6 dB in excess of the lim- tially affected parties acknowledge and its defined in paragraph (b) of this sec- do not object to the use of the appli- tion will not be permitted. cant’s higher power densities. For pro- (d) Licensees authorized pursuant to posed power density levels less than or paragraph (c) of this section shall bear equal to 3 dB in excess of the limits de- the burden of coordinating with any fu- fined in paragraph (b) of this section, ture applicants or licensees whose pro- the potentially affected parties are opposed compliant operations at 10 de- erators of co-frequency U.S.-authorized grees or smaller orbital spacing, as de- 17/24 GHz BSS satellites at angular sep- fined by paragraph (b) of this section, arations of up to ±6° from the proposed is potentially or actually adversely af- satellite points of communication; for fected by the operation of the non-com- power density levels greater than 3 dB pliant licensee. If no good faith agree- and less than or equal to 6 dB in excess ment can be reached, however, the non- of the limits defined in paragraph (b) of compliant licensee shall reduce its

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earth station EIRP spectral density ating in the 17/24 GHz broadcasting-sat- levels to be compliant with those speci- ellite service can claim no greater pro- fied in paragraph (b) of this section. tection from interference than they would receive if the equivalent antenna [72 FR 50030, Aug. 29, 2007, as amended at 79 diameter were equal to or greater than FR 8324, Feb. 12, 2014] 45 cm and the antenna meets the co- polar and cross-polar performance pat- § 25.224 Protection of receive-only earth stations in the 17/24 GHz BSS. terns represented by the following set of formulas (adopted in Recommenda- (a) Notwithstanding § 25.209(c) of this tion ITU–R BO.1213–1, dated November part, receive-only earth stations oper- 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- in either paragraph (a)(1), (a)(2) or ments for 17/24 GHz Broadcasting (a)(3) of this section and all of the re- Satellite Service. quirements set forth in paragraphs (a) Each operator of a 17/24 GHz BSS (a)(4) through (a)(9) and paragraphs (c), space station that is used to provide (d), and (e) of this section. Paragraph video programming directly to con- (b) of this section identifies items that sumers in the 48 contiguous United shall be included in the application for States (CONUS) must provide com- VMES operations to demonstrate that parable service to Alaska and Hawaii, these ongoing requirements will be unless such service is not technically met. feasible or not economically reasonable (1) The following requirements shall from the authorized orbital location. apply to a VMES that uses transmit- (b) Each operator of a 17/24 GHz BSS ters with off-axis EIRP spectral-den- space station subject to paragraph (a) sities lower than or equal to the levels of this section must design and con- in paragraph (a)(1)(i) of this section. A figure its space station to be capable of VMES, or VMES system, operating providing service to Alaska and Ha- under this section shall provide a de- waii, that is comparable to the service tailed demonstration as described in that such satellites will provide to paragraph (b)(1) of this section. The CONUS subscribers, from any orbital VMES transmitter also shall comply location capable of providing service to either Alaska or Hawaii to which it with the antenna pointing and ces- may be located or relocated in the fu- sation of emission requirements in ture. paragraphs (a)(1)(ii) and (a)(1)(iii) of (c) If an operator of a 17/24 GHz BSS this section. space station that is used to provide (i) A VMES system shall not exceed video programming directly to con- the off-axis EIRP spectral-density lim- sumers in the United States relocates its and conditions defined in para- or replaces a 17/24 GHz BSS space sta- graphs (a)(1)(i)(A) through (D) of this tion at a location from which service section. to Alaska and Hawaii had been pro- (A) The off-axis EIRP spectral-den- vided by another 17/24 GHz BSS space sity emitted from the VMES, in the station, the operator must use a space plane of the geostationary satellite station capable of providing at least orbit (GSO) as it appears at the par- the same level of service to Alaska and ticular earth station location, shall not Hawaii as previously provided from exceed the following values: that location. 15–10log(N)–25logq dBW/4kHz for 1.5° ≤q [72 FR 50033, Aug. 29, 2007] ≤7° ¥6 ¥10log(N) dBW/4kHz for 7°

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same satellite receiving beam. For the pur- cation of the target satellite and the pose of this section, the peak EIRP of an in- axis of the main lobe of the VMES an- dividual sidelobe shall not exceed the enve- tenna, or lope defined above for q between 1.5° and 7.0°. For q greater than 7.0°, the envelope shall be (B) Each VMES transmitter shall de- exceeded by no more than 10% of the clare a maximum antenna pointing sidelobes, provided no individual sidelobe ex- error that may be greater than 0.2° pro- ceeds the envelope given above by more than vided that the VMES does not exceed 3 dB. the off-axis EIRP spectral-density lim- (B) In all directions other than along its in paragraph (a)(1)(i) of this section, the GSO, the off-axis EIRP spectral- taking into account the antenna point- density for co-polarized signals emitted ing error. from the VMES shall not exceed the (iii) Except for VMES systems oper- following values: ating under paragraph (a)(3), each 18¥10log(N)¥25logq dBW/4kHz for 3.0° VMES transmitter must meet of one ≤q ≤48° the following cessation of emission re- ¥24¥10log(N) dBW/4kHz for 48°

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power-density levels that would accom- this section shall file certifications and modate that adjacent satellite. provide a detailed demonstration as de- (iii) The VMES shall operate in ac- scribed in paragraphs (b)(3)(ii) and cordance with the off-axis EIRP spec- (b)(3)(iii) of this section. tral-densities that the VMES supplied (A) If a good faith agreement cannot to the target satellite operator in order be reached between the target satellite to obtain the certifications listed in operator and the operator of a future paragraph (b)(2) of this section. The satellite that is located within 6 de- VMES shall automatically cease emis- grees longitude of the target satellite, sions within 100 milliseconds if the the VMES shall operate at an EIRP- VMES transmitter exceeds the off-axis density defined in paragraph (a)(3)(i) of EIRP spectral-densities supplied to the this section. target satellite operator. (B) The VMES shall operate in ac- (3) The following requirements shall cordance with the off-axis EIRP spec- apply to a VMES system that uses tral-densities that the VMES supplied variable power-density control of indi- to the target satellite operator in order vidual simultaneously transmitting co- to obtain the certifications listed in frequency VMES earth stations in the paragraph (b)(3)(ii) of this section. The same satellite receiving beam. A VMES individual VMES terminals shall auto- system operating under this subsection matically cease emissions within 100 shall file certifications and provide a milliseconds if the VMES transmitter detailed demonstration as described in exceeds the off-axis EIRP spectral-den- paragraph (b)(3) of this section. sities supplied to the target satellite (i) The effective aggregate EIRP-den- operator. The overall system shall be sity from all terminals shall be at least capable of shutting off an individual 1 dB below the off-axis EIRP-density transmitter or the entire system if the limits defined in paragraph (a)(1)(i) of aggregate off-axis EIRP spectral-den- this section, with the value of N = 1. In sities exceed those supplied to the tar- this context the term ‘‘effective’’ get satellite operator. means that the resultant co-polarized (C) The VMES shall transmit only to and cross-polarized EIRP-density expe- the target satellite system(s) referred rienced by any GSO or non-GSO sat- to in the certifications required by ellite shall not exceed that produced by paragraph (b)(3) of this section. a single transmitter operating 1 dB (4) An applicant filing to operate a below the limits defined in paragraph VMES terminal or system and plan- (a)(1)(i) of this section. The individual ning to use a contention protocol shall VMES transmitter shall automatically certify that its contention protocol use cease emissions within 100 milliseconds will be reasonable. if the VMES transmitter exceeds the (5) There shall be a point of contact off-axis EIRP-density limits minus 1 in the United States, with phone num- dB specified above. If one or more ber and address, available 24 hours a VMES transmitters causes the aggre- day, seven days a week, with authority gate off-axis EIRP-densities to exceed and ability to cease all emissions from the off-axis EIRP-density limits minus the VMESs. 1 dB specified above, then the trans- (6) For each VMES transmitter, a mitter or transmitters shall cease or record of the vehicle location (i.e., lati- reduce emissions within 100 milli- tude/longitude), transmit frequency, seconds of receiving a command from channel bandwidth and satellite used the system’s network control and mon- shall be time annotated and main- itoring center. A VMES system oper- tained for a period of not less than one ating under this subsection shall pro- (1) year. Records shall be recorded at vide a detailed demonstration as de- time intervals no greater than every scribed in paragraph (b)(3)(i) of this five (5) minutes while the VMES is section. transmitting. The VMES operator shall (ii) The following requirements shall make this data available upon request apply to a VMES that uses off-axis to a coordinator, fixed system oper- EIRP spectral-densities in excess of the ator, Fixed-Satellite Service system levels in paragraph (a)(3)(i) of this sec- operator, NTIA, or the Commission tion. A VMES system operating under within 24 hours of the request.

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(7) In the 10.95–11.2 GHz (space-to- ment a transmitter under paragraph Earth) and 11.45–11.7 GHz (space-to- (a)(1)(ii)(B) of this section shall provide Earth) frequency bands VMESs shall the demonstrations identified in para- not claim protection from interference graph (b)(1)(iv) of this section. from any authorized terrestrial sta- (i) Any VMES applicant filing an ap- tions to which frequencies are either plication pursuant to paragraph (a)(1) already assigned, or may be assigned in of this section shall file three tables the future. showing the off-axis EIRP density level (8) A VMES terminal receiving in the of the proposed earth station antenna 10.95–11.2 GHz (space-to-Earth), 11.45– in the direction of the plane of the 11.7 GHz (space-to-Earth) and 11.7–12.2 GSO; the co-polarized EIRP density in GHz (space-to-Earth) bands shall re- the elevation plane, that is, the plane ceive protection from interference perpendicular to the plane of the GSO; caused by space stations other than the and cross polarized EIRP density. Each target space station only to the degree table shall provide the EIRP density to which harmful interference would level at increments of 0.1° for angles not be expected to be caused to an between 0° and 10° off-axis, and at in- earth station employing an antenna crements of 5° for angles between 10° conforming to the referenced patterns and 180° off-axis. defined in § 25.209(a) and (b) and sta- (A) For purposes of the off-axis EIRP tionary at the location at which any density table in the plane of the GSO, interference occurred. the off-axis angle is the angle in de- (9) Each VMES terminal shall auto- grees from the line connecting the matically cease transmitting upon the focal point of the antenna to the or- loss of synchronization or within 5 sec- bital location of the target satellite, onds upon loss of reception of the sat- and the plane of the GSO is determined ellite downlink signal, whichever is the by the focal point of the antenna and shorter timeframe. the line tangent to the arc of the GSO (b) Applications for VMES operation at the orbital position of the target in the 14.0–14.5 GHz (Earth-to-space) satellite. band to GSO satellites in the Fixed- (B) For purposes of the off-axis co-po- Satellite Service shall include, in addi- larized EIRP density table in the ele- tion to the particulars of operation vation plane, the off-axis angle is the identified on Form 312, and associated angle in degrees from the line con- Schedule B, the applicable technical necting the focal point of the antenna demonstrations in paragraphs (b)(1), (2) to the orbital location of the target or (3) of this section and the docu- satellite, and the elevation plane is de- mentation identified in paragraphs fined as the plane perpendicular to the (b)(4) through (8) of this section. plane of the GSO defined in paragraph (1) A VMES applicant proposing to (b)(1)(i)(A) of this section. implement a transmitter under para- (C) For purposes of the cross-polar- graph (a)(1) of this section shall dem- ized EIRP density table, the off-axis onstrate that the transmitter meets angle is the angle in degrees from the the off-axis EIRP spectral-density lim- line connecting the focal point of the its contained in paragraph (a)(1)(i) of antenna to the orbital location of the this section. To provide this dem- target satellite and the plane of the onstration, the application shall in- GSO as defined in paragraph (b)(1)(i)(A) clude the tables described in paragraph of this section will be used. (b)(1)(i) of this section or the certifi- (ii) A VMES applicant shall include a cation described in paragraph (b)(1)(ii) certification, in Schedule B, that the of this section. The VMES applicant VMES antenna conforms to the gain also shall provide the value N described pattern criteria of § 25.209(a) and (b), in paragraph (a)(1)(i)(A) of this section. that, combined with the maximum A VMES applicant proposing to imple- input power density calculated from ment a transmitter under paragraph the EIRP density less the antenna (a)(1)(ii)(A) of this section shall provide gain, which is entered in Schedule B, the certifications identified in para- demonstrates that the off-axis EIRP graph (b)(1)(iii) of this section. A spectral density envelope set forth in VMES applicant proposing to imple- paragraphs (a)(1)(i)(A) through (C) of

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this section will be met under the as- tion as exhibits to its earth station ap- sumption that the antenna is pointed plication: at the target satellite. If an antenna (i) A statement from the target sat- proposed for use by the applicant does ellite operator certifying that the pro- not comply with the antenna perform- posed operation of the VMES has the ance standards contained in § 25.209(a) potential to create harmful inter- and (b), the applicant must provide, as ference to satellite networks adjacent an exhibit to its application, antenna to the target satellite(s) that may be gain test plots pursuant to § 25.132(b)(3). unacceptable. (iii) A VMES applicant proposing to (ii) A statement from the target sat- implement a transmitter under para- ellite operator certifying that the graph (a)(1)(ii)(A) of this section shall power density levels that the VMES provide a certification from the equip- applicant provided to the target sat- ment manufacturer stating that the ellite operator are consistent with the antenna tracking system will maintain existing coordination agreements be- a pointing error of less than or equal to tween its satellite(s) and the adjacent 0.2° between the orbital location of the satellite systems within 6° of orbital target satellite and the axis of the separation from its satellite(s). main lobe of the VMES antenna and (iii) A statement from the target sat- that the antenna tracking system is ellite operator certifying that it will capable of ceasing emissions within 100 include the power-density levels of the milliseconds if the angle between the VMES applicant in all future coordina- orbital location of the target satellite tion agreements. and the axis of the main lobe of the (iv) A demonstration from the VMES VMES antenna exceeds 0.5°. operator that the VMES system is ca- (iv) A VMES applicant proposing to pable of detecting and automatically implement a transmitter under para- ceasing emissions within 100 milliseconds when the transmitter exceeds graph (a)(1)(ii)(B) of this section shall: the off-axis EIRP spectral-densities (A) Declare, in its application, a supplied to the target satellite oper- maximum antenna pointing error and ator. demonstrate that the maximum an- (3) A VMES applicant proposing to tenna pointing error can be achieved implement VMES system under para- without exceeding the off-axis EIRP graph (a)(3) of this section and using spectral-density limits in paragraph variable power-density control of indi- (a)(1)(i) of this section; and vidual simultaneously transmitting co- (B) Demonstrate that the VMES frequency VMES earth stations in the transmitter can detect if the trans- same satellite receiving beam shall mitter exceeds the declared maximum provide the following certifications and antenna pointing error and can cease demonstration as exhibits to its earth transmission within 100 milliseconds if station application: the angle between the orbital location (i) The applicant shall make a de- of the target satellite and the axis of tailed showing of the measures it in- the main lobe of the VMES antenna extends to employ to maintain the effec- ceeds the declared maximum antenna tive aggregate EIRP-density from all pointing error, and will not resume simultaneously transmitting co-fre- transmissions until the angle between quency terminals operating with the the orbital location of the target sat- same satellite transponder at least 1 ellite and the axis of the main lobe of dB below the off-axis EIRP-density the VMES antenna is less than or equal limits defined in paragraphs (a)(1)(i)(A) to the declared maximum antenna through (C) of this section. In this con- pointing error. text the term ‘‘effective’’ means that (2) A VMES applicant proposing to the resultant co-polarized and cross-po- implement a transmitter under para- larized EIRP-density experienced by graph (a)(2) of this section and using any GSO or non-GSO satellite shall not off-axis EIRP spectral-densities in ex- exceed that produced by a single VMES cess of the levels in paragraph (a)(1)(i) transmitter operating at 1 dB below of this section shall provide the fol- the limits defined in paragraphs lowing certifications and demonstra- (a)(1)(i)(A) through (C) of this section.

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The applicant also must demonstrate operator and that the overall system is that an individual transmitter and the capable of shutting off an individual entire VMES system is capable of auto- transmitter or the entire system if the matically ceasing emissions within 100 aggregate off-axis EIRP spectral-den- milliseconds if the aggregate off-axis sities exceed those supplied to the tar- EIRP-densities exceed the off-axis get satellite operator. EIRP-density limits minus 1 dB, as set (F) An identification of the specific forth in paragraph (a)(3)(i) of this sec- satellite or satellites with which the tion. The International Bureau will VMES system will operate. place this showing on public notice (iii) The applicant shall acknowledge along with the application. that it will maintain sufficient statis- (ii) An applicant proposing to imple- tical and technical information on the ment a VMES under paragraph individual terminals and overall sys- (a)(3)(ii) of this section that uses off- tem operation to file a detailed report, axis EIRP spectral-densities in excess one year after license issuance, de- of the levels in paragraph (a)(3)(i) of scribing the effective aggregate EIRP- this section shall provide the following density levels resulting from the oper- certifications, demonstration and list ation of the VMES system. of satellites as exhibits to its earth sta- (4) There shall be an exhibit included tion application: with the application describing the ge- (A) A detailed showing of the meas- ographic area(s) in which the VMESs ures the applicant intends to employ to will operate. maintain the effective aggregate EIRP- (5) Any VMES applicant filing for a density from all simultaneously trans- VMES terminal or system and plan- mitting co-frequency terminals oper- ning to use a contention protocol shall ating with the same satellite trans- include in its application a certifi- ponder at the EIRP-density limits sup- cation that will comply with the re- plied to the target satellite operator. quirements of paragraph (a)(4) of this The International Bureau will place section. this showing on public notice along (6) The point of contact referred to in with the application. paragraph (a)(5) of this section shall be (B) A statement from the target sat- included in the application. ellite operator certifying that the pro- (7) Any VMES applicant filing for a posed operation of the VMES has the VMES terminal or system shall include potential to create harmful inter- in its application a certification that ference to satellite networks adjacent will comply with the requirements of to the target satellite(s) that may be paragraph (a)(6) of this section. unacceptable. (8) All VMES applicants shall submit (C) A statement from the target sat- a radio frequency hazard analysis de- ellite operator certifying that the ag- termining via calculation, simulation, gregate power density levels that the or field measurement whether VMES VMES applicant provided to the target terminals, or classes of terminals, will satellite operator are consistent with produce power densities that will ex- the existing coordination agreements ceed the Commission’s radio frequency between its satellite(s) and the adja- exposure criteria. VMES applicants cent satellite systems within 6° of or- with VMES terminals that will exceed bital separation from its satellite(s). the guidelines in § 1.1310 of this chapter (D) A statement from the target sat- for radio frequency radiation exposure ellite operator certifying that it will shall provide, with their environmental include the aggregate power-density assessment, a plan for mitigation of ra- levels of the VMES applicant in all fu- diation exposure to the extent required ture coordination agreements. to meet those guidelines. All VMES li- (E) A demonstration from the VMES censees shall ensure installation of operator that the VMES system is ca- VMES terminals on vehicles by quali- pable of detecting and automatically fied installers who have an under- ceasing emissions within 100 milli- standing of the antenna’s radiation en- seconds when an individual transmitter vironment and the measures best suit- exceeds the off-axis EIRP spectral-den- ed to maximize protection of the gen- sities supplied to the target satellite eral public and persons operating the

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vehicle and equipment. A VMES ter- the IRAC Frequency Assignment Sub- minal exhibiting radiation exposure committee process, NTIA will notify levels exceeding 1.0 mW/cm 2 in acces- the Commission’s International Bureau sible areas, such as at the exterior sur- that the site is nearing operational sta- face of the radome, shall have a label tus. Upon public notice from the Inter- attached to the surface of the terminal national Bureau, all Ku-band VMES li- warning about the radiation hazard censees shall cease operations in the and shall include thereon a diagram 14.0–14.2 GHz band within 125 km of the showing the regions around the ter- new TDRSS site until the licensees minal where the radiation levels could complete coordination with NTIA/IRAC exceed 1.0 mW/cm 2. All VMES appli- for the new TDRSS facility. Licensees cants shall demonstrate that their shall notify the International Bureau VMES terminals are capable of auto- once they have completed coordination matically ceasing transmissions upon for the new TDRSS site. Upon receipt the loss of synchronization or within 5 of such notification from a licensee, seconds upon loss of reception of the the International Bureau will issue a satellite downlink signal, whichever is public notice stating that the licensee the shorter timeframe. may commence operations within the (9) Except for VMES systems oper- coordination zone in 30 days if no party ating pursuant to paragraphs (a)(2) and has opposed the operations. The VMES (a)(3)(ii) of this section, VMES systems licensee then will be permitted to com- authorized pursuant to this section mence operations in the 14.0–14.2 GHz shall be eligible for a license that lists band within 125 km of the new TDRSS Permitted List as an authorized point site, subject to any operational con- of communication. (c)(1) Operations of VMESs in the straints developed in the coordination 14.0–14.2 GHz (Earth-to-space) fre- process. quency band within 125 km of the (d)(1) Operations of VMESs in the NASA TDRSS facilities on Guam (lati- 14.47–14.5 GHz (Earth-to-space) fre- tude 13°36′55″ N, longitude 144°51′22″ E) quency band in the vicinity of radio as- or White Sands, New Mexico (latitude tronomy service (RAS) observatories 32°20′59″ N, longitude 106°36′31″ W and observing in the 14.47–14.5 GHz band are latitude 32°32′40″ N, longitude 106°36′48″ subject to coordination with the Na- W) are subject to coordination with the tional Science Foundation (NSF). The National Aeronautics and Space Ad- appropriate NSF contact point to ini- ministration (NASA) through the Na- tiate coordination is Electromagnetic tional Telecommunications and Infor- Spectrum Manager, NSF, 4201 Wilson mation Administration (NTIA) Inter- Blvd., Suite 1045, Arlington VA 22203, department Radio Advisory Committee fax 703–292–9034, e-mail [email protected]. Li- (IRAC). Licensees shall notify the censees shall notify the International International Bureau once they have Bureau once they have completed co- completed coordination. Upon receipt ordination. Upon receipt of the coordi- of such notification from a licensee, nation agreement from a licensee, the the International Bureau will issue a International Bureau will issue a pub- public notice stating that the licensee lic notice stating that the licensee may may commence operations within the commence operations within the co- coordination zone in 30 days if no party ordination zone in 30 days if no party has opposed the operations. has opposed the operations. (2) When NTIA seeks to provide simi- (2) Table 1 provides a list of each ap- lar protection to future TDRSS sites plicable RAS site, its location, and the that have been coordinated through applicable coordination zone.

TABLE 1—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES

Latitude Longitude Observatory (north) (west) Radius (km) of 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.

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TABLE 1—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES—Continued

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

Pisgah Astronomical Research Institute, Rosman, NC 35°11′59″ 82°52′19″ 160. U of Michigan Radio Astronomy Observatory, 42°23′56″ 83°56′11″ 160. Stinchfield 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″ Kitt Peak, AZ ...... 31°57′23″ 111°36′45″ Pie Town, NM ...... 34°18′04″ 108°07′09″ Los Alamos, NM ...... 35°46′30″ 106°14′44″ Fort Davis, TX ...... 30°38′06″ 103°56′41″ North Liberty, IA ...... 41°46′17″ 91°34′27″ Hancock, NH ...... 42°56′01″ 71°59′12″ St. Croix, VI ...... 17°45′24″ 64°35′01″ * Owens Valley, CA operates both a VLBA station and single-dish telescopes.

(3) When NTIA seeks to provide simi- ensure compliance with paragraphs (c) lar protection to future RAS sites that and (d) of this section. have been coordinated through the [74 FR 57099, Nov. 4, 2009, as amended at 78 IRAC Frequency Assignment Sub- FR 8429, Feb. 6, 2013; 78 FR 9604, Feb. 11, 2013; committee process, NTIA will notify 79 FR 8324, Feb. 12, 2014] the Commission’s International Bureau that the site is nearing operational sta- § 25.227 Blanket licensing provisions for Earth Stations Aboard Aircraft tus. Upon public notice from the Inter- (ESAAs) receiving in the 10.95–11.2 national Bureau, all Ku-band VMES li- GHz (space-to-Earth), 11.45–11.7 censees shall cease operations in the GHz (space-to-Earth), and 11.7–12.2 14.47–14.5 GHz band within the relevant GHz (space-to-Earth) frequency geographic zone (160 kms for single- bands and transmitting in the 14.0– dish radio observatories and Very 14.5 GHz (Earth-to-space) frequency band, operating with Geostationary Large Array antenna systems and 50 Satellites in the Fixed-Satellite kms for Very Long Baseline Array an- Service. tenna systems) of the new RAS site (a) The following ongoing require- until the licensees complete coordina- ments govern all ESAA licensees and tion for the new RAS facility. Licens- operations in the 10.95–11.2 GHz (space- ees shall notify the International Bu- to-Earth), 11.45–11.7 GHz (space-to- reau once they have completed coordi- Earth), 11.7–12.2 GHz (space-to-Earth) nation for the new RAS site and shall and 14.0–14.5 GHz (Earth-to-space) fre- submit the coordination agreement to quency bands receiving from and trans- the Commission. Upon receipt of such mitting to geostationary orbit sat- notification from a licensee, the Inter- ellites in the Fixed-Satellite Service. national Bureau will issue a public no- ESAA licensees shall comply with the tice stating that the licensee may com- requirements in either paragraph (a)(1), mence operations within the coordina- (a)(2) or (a)(3) of this section and all of tion zone in 30 days if no party opposed the requirements set forth in para- the operations. The VMES licensee graphs (a)(4) through (a)(16) and para- then will be permitted to commence graphs (c), (d), and (e) of this section. operations in the 14.47–14.5 GHz band Paragraph (b) of this section identifies within the relevant coordination dis- items that shall be included in the ap- tance around the new RAS site, subject plication for ESAA operations to dem- to any operational constraints devel- onstrate that these ongoing requirements will be met. oped in the coordination process. (1) The following requirements shall (e) VMES licensees shall use Global apply to an ESAA that uses transmit- Positioning Satellite-related or other ters with off-axis EIRP spectral-den- similar position location technology to sities lower than or equal to the levels

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in paragraph (a)(1)(i) of this section. its and conditions defined in para- ESAA licensees operating under this graphs (a)(1)(i)(A) through (D) of this section shall provide a detailed dem- subsection. onstration as described in paragraph (A) The off-axis EIRP spectral-den- (b)(1) of this section. The ESAA trans- sity for co-polarized signals emitted mitter also shall comply with the an- from the ESAA, in the plane of the geo- tenna pointing and cessation of emis- stationary satellite orbit (GSO) as it sion requirements in paragraphs appears at the particular earth station (a)(1)(ii) and (iii) of this section. location, shall not exceed the following (i) An ESAA licensee shall not exceed values: the off-axis EIRP spectral-density lim-

15 - 10 log10 (N) - 25 log10q ..... dBW/4 kHz ...... For ...... 1.5° ≤q ≤7° -6 - 10 log10 (N) ...... dBW/4 kHz ...... For ...... 7°

where theta (q) is the angle in degrees ting ESAA earth stations in the same from the line connecting the focal satellite receiving beam. For the pur- point of the antenna to the orbital lo- pose of this subsection, the peak EIRP cation of the target satellite in the density of an individual sidelobe shall plane of the GSO. The plane of the GSO not exceed the envelope defined above is determined by the focal point of the for q between 1.5° and 7.0°. For q greater antenna and the line tangent to the arc than 7.0°, the envelope shall be exceed- of the GSO at the orbital location of ed by no more than 10% of the the target satellite. For ESAA net- sidelobes, provided no individual works using frequency division mul- sidelobe exceeds the envelope given tiple access (FDMA) or time division above by more than 3 dB. multiple access (TDMA) techniques, N is equal to one. For ESAA networks (B) In all directions other than along using multiple co-frequency transmit- the GSO, the off-axis EIRP spectral- ters that have the same EIRP density, density for co-polarized signals emitted N is the maximum expected number of from the ESAA shall not exceed the co-frequency simultaneously transmit- following values:

18 - 10 log10 (N) - 25log log10q dBW/4 kHz ...... For ...... 3.0° ≤q ≤48° -24 - 10 log10 (N) ...... dBW/4 kHz ...... For ...... 48°

where q and N are defined in paragraph provided no individual sidelobe exceeds (a)(1)(i)(A). This off-axis EIRP spectral- the EIRP density envelope given above density applies in any plane that in- by more than 6 dB. The region of the cludes the line connecting the focal main reflector spillover energy is to be point of the antenna to the orbital lo- interpreted as a single lobe and shall cation of the target satellite with the not exceed the envelope by more than 6 exception of the plane of the GSO as dB. defined in paragraph (a)(1)(i)(A) of this (C) The off-axis EIRP spectral-den- section. For the purpose of this sub- sity for cross-polarized signals emitted section, the envelope shall be exceeded from the ESAA shall not exceed the by no more than 10% of the sidelobes following values:

5 - 10 log10 (N) - 25log10q ...... dBW/4kHz ...... For ...... 1.8°

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where q and N are defined in paragraph (i) The ESAA shall transmit only to (a)(1)(i)(A). This off-axis EIRP spectral- the target satellite system(s) referred density applies in the plane of the geo- to in the certifications required by stationary satellite orbit as it appears paragraph (b)(2) of this section. at the particular earth station loca- (ii) If a good faith agreement cannot tion. be reached between the target satellite (ii) Each ESAA transmitter shall operator and the operator of a future meet one of the following antenna satellite that is located within 6 de- pointing requirements: grees longitude of the target satellite, (A) Each ESAA transmitter shall the ESAA operator shall accept the maintain a pointing error of less than power-density levels that would accom- or equal to 0.2° between the orbital lo- modate that adjacent satellite. cation of the target satellite and the (iii) The ESAA shall operate in ac- axis of the main lobe of the ESAA an- cordance with the off-axis EIRP spec- tenna; or tral-densities that the ESAA supplied (B) Each ESAA transmitter shall de- to the target satellite operator in order clare a maximum antenna pointing to obtain the certifications listed in error that may be greater than 0.2° pro- paragraph (b)(2) of this section. The vided that the ESAA does not exceed ESAA shall automatically cease emis- the off-axis EIRP spectral-density lim- sions within 100 milliseconds if the its in paragraph (a)(1)(i) of this section, ESAA transmitter exceeds the off-axis taking into account the antenna point- EIRP spectral-densities supplied to the ing error. target satellite operator and trans- (iii) Each ESAA transmitter shall mission shall not resume until ESAA meet one of the following cessation of conforms to the off-axis EIRP spectral emission requirements: densities supplied to the target sat- (A) For ESAAs operating under para- ellite operator. graph (a)(1)(ii)(A) of this section, all (iv) In the event that a coordination emissions from the ESAA shall auto- agreement discussed in paragraph matically cease within 100 milliseconds (b)(2)(ii) of this section is reached, but if the angle between the orbital loca- that coordination agreement does not tion of the target satellite and the axis address protection from interference of the main lobe of the ESAA antenna for the earth station, that earth sta- exceeds 0.5°, and transmission shall not tion will be protected from inter- resume until such angle is less than or ference to the same extent that an equal to 0.2°, or earth station that meets the require- (B) For ESAA transmitters operating ments of § 25.209 of this title would be under paragraph (a)(1)(ii)(B) of this sec- protected from interference. tion, all emissions from the ESAA (3) The following requirements shall shall automatically cease within 100 apply to an ESAA system that uses milliseconds if the angle between the variable power-density control of indi- orbital location of the target satellite vidual simultaneously transmitting co- and the axis of the main lobe of the frequency ESAA earth stations in the ESAA antenna exceeds the declared same satellite receiving beam. An maximum antenna pointing error and ESAA system operating under this sub- shall not resume transmissions until section shall provide a detailed dem- such angle is less than or equal to the onstration as described in paragraph declared maximum antenna pointing (b)(3) of this section. error. (i) The effective aggregate EIRP den- (2) The following requirements shall sity from all terminals shall be at least apply to an ESAA, or ESAA system, 1 dB below the off-axis EIRP density that uses off-axis EIRP spectral-den- limits defined in paragraph (a)(1)(i)(A) sities in excess of the levels in para- through (C), with the value of N = 1. In graph (a)(1)(i) of this section. An this context the term ‘‘effective’’ ESAA, or ESAA network, operating means that the resultant co-polarized under this subsection shall file certifi- and cross-polarized EIRP density expe- cations and provide a detailed dem- rienced by any GSO or non-GSO sat- onstration as described in paragraph ellite shall not exceed that produced by (b)(2) of this section. a single transmitter operating 1 dB

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below the limits defined in paragraph to use a contention protocol shall cer- (a)(1)(i)(A) through (C). The individual tify that its contention protocol use ESAA transmitter shall automatically will be reasonable. cease emissions within 100 milliseconds (5) There shall be a point of contact if the ESAA transmitter exceeds the in the United States, with phone num- off-axis EIRP density limits minus 1 dB ber and address, available 24 hours a specified above. If one or more ESAA day, seven days a week, with authority transmitters causes the aggregate off- and ability to cease all emissions from axis EIRP-densities to exceed the off- the ESAA. axis EIRP density limits minus 1dB (6) For each ESAA transmitter, a specified above, then the transmitter record of the vehicle location (i.e., lati- or transmitters shall cease or reduce tude/longitude/altitude), transmit fre- emissions within 100 milliseconds of re- quency, channel bandwidth and sat- ceiving a command from the system’s ellite used shall be time annotated and network control and monitoring cen- maintained for a period of not less than ter. An ESAA system operating under one year. Records shall be recorded at this subsection shall provide a detailed time intervals no greater than one (1) demonstration as described in para- minute while the ESAA is transmit- graph (b)(3)(i) of this section. ting. The ESAA operator shall make (ii) The following requirements shall this data available, in the form of a apply to an ESAA that uses off-axis comma delimited electronic spread- EIRP spectral-densities in excess of the sheet, within 24 hours of a request from levels in paragraph (a)(3)(i) of this sec- the Commission, NTIA, or a frequency tion. An ESAA system operating under coordinator for purposes of resolving this subsection shall file certifications harmful interference events. A descrip- and provide a detailed demonstration tion of the units (i.e., degrees, minutes, as described in paragraphs (b)(3)(ii) and MHz * * *.) in which the records values (b)(3)(iii) of this section. are recorded will be supplied along (A) If a good faith agreement cannot with the records. be reached between the target satellite (7) In the 10.95–11.2 GHz (space-to- operator and the operator of a future Earth) and 11.45–11.7 GHz (space-to- satellite that is located within 6 de- Earth) frequency bands ESAAs shall grees longitude of the target satellite, not claim protection from interference the ESAA shall operate at an EIRP from any authorized terrestrial sta- density defined in (a)(3)(i) of this sections to which frequencies are either tion. already assigned, or may be assigned in (B) The ESAA shall operate in ac- the future. cordance with the off-axis EIRP spec- (8) An ESAA terminal receiving in tral-densities that the ESAA supplied the 11.7–12.2 GHz (space-to-Earth) to the target satellite operator in order bands shall receive protection from in- to obtain the certifications listed in terference caused by space stations paragraph (b)(3)(ii) of this section. The other than the target space station individual ESAA terminals shall auto- only to the degree to which harmful in- matically cease emissions within 100 terference would not be expected to be milliseconds if the ESAA transmitter caused to an earth station employing exceeds the off-axis EIRP spectral-den- an antenna conforming to the ref- sities supplied to the target satellite erenced patterns defined in paragraphs operator. The overall system shall be (a) and (b) of section 25.209 and sta- capable of shutting off an individual tionary at the location at which any transmitter or the entire system if the interference occurred. aggregate off-axis EIRP spectral-den- (9) Each ESAA terminal shall auto- sities exceed those supplied to the tar- matically cease transmitting within get satellite operator. 100 milliseconds upon loss of reception (C) The ESAA shall transmit only to of the satellite downlink signal or the target satellite system(s) referred when it detects that unintended sat- to in the certifications required by ellite tracking has happened or is paragraph (b)(3) of this section. about to happen. (4) An applicant filing to operate an (10) Each ESAA terminal should be ESAA terminal or system and planning subject to the monitoring and control

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by an NCMC or equivalent facility. (12) Unless otherwise stated all ESAA Each terminal must be able to receive system that comply with the off-axis at least ‘‘enable transmission’’ and EIRP spectral-density limits in para- ‘‘disable transmission’’ commands from graph (a)(1)(i) of this section may re- the NCMC and must automatically quest Permitted List authority. cease transmissions immediately on re- (13) ESAA providers operating in the ceiving any ‘‘parameter change com- international airspace within line-of- mand,’’ which may cause harmful in- sight of the territory of a foreign ad- terference during the change, until it ministration where fixed service net- receives an ‘‘enable transmission’’ works have primary allocation in this command from its NCMC. In addition, the NCMC must be able to monitor the band, the maximum power flux density operation of an ESAA terminal to de- (pfd) produced at the surface of the termine if it is malfunctioning. Earth by emissions from a single air- (11) Each ESAA terminal shall be craft carrying an ESAA terminal self-monitoring and, should a fault should not exceed the following values which can cause harmful interference unless the foreign Administration has to FSS networks be detected, the ter- imposed other conditions for pro- minal must automatically cease trans- tecting its fixed service stations: missions.

-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 eign airspace, the ESAA terminal radio-frequency wave (degrees above would be required to operate under the the horizontal) and the aforementioned Commission’s rules, or those of the for- limits relate to the pfd and angles of eign administration, whichever is more arrival would be obtained under free- constraining. To the extent that all space propagation conditions. relevant administrations have identi- (14) All ESAA terminals operated in fied geographic areas from which ESAA U.S. airspace, whether on U.S.-reg- operations would not affect their radio istered civil aircraft or non-U.S.-reg- operations, ESAA operators would be istered civil aircraft, must be licensed free to operate within those identified by the Commission. All ESAA termi- areas without further action. To the nals on U.S.-registered civil aircraft extent that the foreign administration operating outside of U.S. airspace must has not adopted requirements regard- be licensed by the Commission, except ing ESAA operations, ESAA operators as provided by section 303(t) of the would be required to coordinate their Communications Act. operations with any potentially af- (15) For ESAA systems operating fected operations. over international waters, ESAA oper- (b) Applications for ESAA operation ators will certify that their target in the 14.0–14.5 GHz (Earth-to-space) space station operators have confirmed band to GSO satellites in the Fixed- that proposed ESAA operations are within coordinated parameters for ad- Satellite Service shall include, in addi- jacent satellites up to 6 degrees away tion to the particulars of operation on the geostationary arc. identified on Form 312, and associated (16) Prior to operations within the Schedule B, the applicable technical foreign nation’s airspace, the ESAA op- demonstrations in paragraphs (b)(1), erator will ascertain whether the rel- (b)(2) or (b)(3) and the documentation evant administration has operations identified in paragraphs (b)(4) through that could be affected by ESAA termi- (b)(8) of this section. nals, and will determine whether that (1) An ESAA applicant proposing to administration has adopted specific re- implement a transmitter under para- quirements concerning ESAA oper- graph (a)(1) of this section shall dem- ations. When the aircraft enters for- onstrate that the transmitter meets

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the off-axis EIRP spectral-density lim- (C) For purposes of the cross-polar- its contained in paragraph (a)(1)(i) of ized EIRP density table, the off-axis this section. To provide this dem- angle is the angle in degrees from the onstration, the application shall in- line connecting the focal point of the clude the tables described in paragraph antenna to the orbital location of the (b)(1)(i) of this section or the certifi- target satellite and the plane of the cation described in paragraph (b)(1)(ii) GSO as defined in paragraph (b)(1)(i)(A) of this section. The ESAA applicant of this section will be used. also shall provide the value N described (ii) An ESAA applicant shall include in paragraph (a)(1)(i)(A) of this section. a certification, in Schedule B, that the An ESAA applicant proposing to imple- ESAA antenna conforms to the gain ment a transmitter under paragraph pattern criteria of § 25.209(a) and (b), (a)(1)(ii)(A) of this section shall provide that, combined with the maximum the certifications identified in para- input power density calculated from graph (b)(1)(iii) of this section. An the EIRP density less the antenna ESAA applicant proposing to imple- gain, which is entered in Schedule B, ment a transmitter under paragraph demonstrates that the off-axis EIRP (a)(1)(ii)(B) of this section shall provide spectral density envelope set forth in the demonstrations identified in para- paragraphs (a)(1)(i)(A) through graph (b)(1)(iv) of this section. (a)(1)(i)(C) of this section will be met (i) Any ESAA applicant filing an ap- under the assumption that the antenna plication pursuant to paragraph (a)(1) is pointed at the target satellite. (iii) An ESAA applicant proposing to of this section shall file three tables implement a transmitter under para- and/or graphs depicting off-axis EIRP graph (a)(1)(ii)(A) of this section shall: density masks defined by § 25.227(a) and (A) Demonstrate that the total measured off-axis EIRP density levels tracking error budget of their antenna of the proposed earth station antenna is within 0.2° or less between the or- in the direction of the plane of the bital location of the target satellite GSO; the co-polarized EIRP density in and the axis of the main lobe of the the elevation plane, that is, the plane ESAA antenna. As part of the engi- perpendicular to the plane of the GSO; neering analysis, the ESAA applicant and cross-polarized EIRP density. Each must show that the antenna pointing table shall provide the EIRP density , ° error is within three sigma ( ) from the level at increments of 0.1 for angles mean value, i.e., that there is a 0.997 ° ° between 0 and 10 off-axis, and at in- probability the antenna maintains a ° ° crements of 5 for angles between 10 pointing error within 0.2°; and ° and 180 off-axis. (B) Demonstrate that the antenna (A) For purposes of the off-axis EIRP tracking system is capable of ceasing density table in the plane of the GSO, emissions within 100 milliseconds if the the off-axis angle is the angle in de- angle between the orbital location of grees from the line connecting the the target satellite and the axis of the focal point of the antenna to the or- main lobe of the ESAA antenna ex- bital location of the target satellite, ceeds 0.5°. and the plane of the GSO is determined (iv) An ESAA applicant proposing to by the focal point of the antenna and implement a transmitter under para- the line tangent to the arc of the GSO graph (a)(1)(ii)(B) of this section shall: at the orbital position of the target (A) Declare, in its application, a satellite. maximum antenna pointing error and (B) For purposes of the off-axis co-po- demonstrate that the maximum an- larized EIRP density table in the ele- tenna pointing error can be achieved vation plane, the off-axis angle is the without exceeding the off-axis EIRP angle in degrees from the line con- spectral-density limits in paragraph necting the focal point of the antenna (a)(1)(i) of this section; and to the orbital location of the target (B) Demonstrate that the ESAA satellite, and the elevation plane is de- transmitter can detect if the trans- fined as the plane perpendicular to the mitter exceeds the declared maximum plane of the GSO defined in paragraph antenna pointing error and can cease (b)(1)(i)(A) of this section. transmission within 100 milliseconds if

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the angle between the orbital location cations and demonstration as exhibits of the target satellite and the axis of to its earth station application: the main lobe of the ESAA antenna ex- (i) The applicant shall make a de- ceeds the declared maximum antenna tailed showing of the measures it in- pointing error, and will not resume tends to employ to maintain the effec- transmissions until the angle between tive aggregate EIRP density from all the orbital location of the target sat- simultaneously transmitting co-fre- ellite and the axis of the main lobe of quency terminals operating with the the ESAA antenna is less than or equal same satellite transponder at least 1 to the declared maximum antenna dB below the off-axis EIRP density lim- pointing error. its defined in paragraphs (a)(1)(i)(A) (2) An ESAA applicant proposing to through (C) of this section. In this con- implement a transmitter under para- text the term ‘‘effective’’ means that graph (a)(2) of this section and using the resultant co-polarized and cross-po- off-axis EIRP spectral-densities in ex- larized EIRP density experienced by cess of the levels in paragraph (a)(1)(i) any GSO or non-GSO satellite shall not of this section shall provide the fol- exceed that produced by a single ESAA lowing certifications and demonstra- transmitter operating at 1 dB below tion as exhibits to its earth station ap- the limits defined in paragraphs plication: (a)(1)(i)(A) through (C) of this section. (i) A statement from the target sat- The ESAA applicant also shall provide ellite operator certifying that the pro- a detailed showing that one or more posed operation of the ESAA has the transmitters are capable of automati- potential to create harmful inter- cally ceasing or reducing emissions ference to satellite networks adjacent within 100 milliseconds of receiving a to the target satellite(s) that may be command from the system’s network unacceptable. control and monitoring center that the (ii) A statement from the target sat- aggregate off-axis EIRP spectral-den- ellite operator certifying that the sities of the transmitter or transmit- power density levels that the ESAA ap- ters exceed the off-axis EIRP-density plicant provided to the target satellite limits specified in paragraph (a)(3)(i) of operator are consistent with the exist- this section. The International Bureau ing coordination agreements between will place this showing on public notice its satellite(s) and the adjacent sat- along with the application. ellite systems within 6° of orbital sepa- (ii) An applicant proposing to imple- ration from its satellite(s). ment an ESAA system under paragraph (iii) A statement from the target sat- (a)(3)(ii) of this section that uses off- ellite operator certifying that it will axis EIRP spectral-densities in excess include the power-density levels of the of the levels in paragraph (a)(3)(i) of ESAA applicant in all future coordina- this section shall provide the following tion agreements. certifications, demonstration and list (iv) A demonstration from the ESAA of satellites as exhibits to its earth sta- operator that the ESAA system will tion application: comply with all coordination agree- (A) A detailed showing of the meas- ments reached by the satellite operator ures the applicant intends to employ to and is capable of detecting and auto- maintain the effective aggregate EIRP matically ceasing emissions within 100 density from all simultaneously trans- milliseconds when the transmitter ex- mitting co-frequency terminals oper- ceeds the off-axis EIRP spectral-den- ating with the same satellite trans- sities supplied to the target satellite ponder at the EIRP density limits sup- operator. plied to the target satellite operator. (3) An ESAA applicant proposing to The International Bureau will place implement an ESAA system under this showing on Public Notice along paragraph (a)(3) of this section and with the application. using variable power-density control of (B) A statement from the target sat- individual simultaneously transmit- ellite operator certifying that the pro- ting co-frequency ESAA earth stations posed operation of the ESAA has the in the same satellite receiving beam potential to create harmful inter- shall provide the following certifi- ference to satellite networks adjacent

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to the target satellite(s) that may be with ESAA terminals that will exceed unacceptable. the guidelines in § 1.1310 of this chapter (C) A statement from the target sat- for radio frequency radiation exposure ellite operator certifying that the ag- shall provide, with their environmental gregate power-density levels that the assessment, a plan for mitigation of ra- ESAA applicant provided to the target diation exposure to the extent required satellite operator are consistent with to meet those guidelines. All ESAA li- the existing coordination agreements censees shall ensure installation of between its satellite(s) and the adja- ESAA terminals on aircraft by quali- cent satellite systems within 6° of or- fied installers who have an under- bital separation from its satellite(s). standing of the antenna’s radiation en- (D) A statement from the target sat- vironment and the measures best suit- ellite operator certifying that it will ed to maximize protection of the gen- include the aggregate power-density eral public and persons operating the levels of the ESAA applicant in all fu- vehicle and equipment. An ESAA ter- ture coordination agreements. minal exhibiting radiation exposure (E) A demonstration from the ESAA levels exceeding 1.0 mW/cm2 in acces- operator that the ESAA system is ca- sible areas, such as at the exterior sur- pable of detecting and automatically face of the radome, shall have a label ceasing emissions within 100 milli- attached to the surface of the terminal seconds when an individual transmitter warning about the radiation hazard exceeds the off-axis EIRP spectral-den- and shall include thereon a diagram sities supplied to the target satellite showing the regions around the ter- operator and that the overall system is minal where the radiation levels could capable of shutting off an individual exceed 1.0 mW/cm2. transmitter or the entire system if the (c)(1) Operations of ESAAs in the aggregate off-axis EIRP spectral-den- 14.0–14.2 GHz (Earth-to-space) fre- sities exceed those supplied to the tar- quency band in the radio line-of-sight get satellite operator. of the NASA TDRSS facilities on Guam (F) An identification of the specific (latitude 13°36′55″ N, longitude 144°51′22″ satellite or satellites with which the E) or White Sands, New Mexico (lati- ESAA system will operate. tude 32°20′59″ N, longitude 106°36′31″ W (4) There shall be an exhibit included and latitude 32°32′40″ N, longitude with the application describing the ge- 106°36′48″ W) are subject to coordination ographic area(s) in which the ESAA with the National Aeronautics and will operate. Space Administration (NASA) through (5) Any ESAA applicant filing for an the National Telecommunications and ESAA terminal or system and planning Information Administration (NTIA) to use a contention protocol shall in- Interdepartment Radio Advisory Com- clude in its application a certification mittee (IRAC). Licensees shall notify that will comply with the requirements the International Bureau once they of paragraph (a)(4) of this section. have completed coordination. Upon re- (6) The point of contact referred to in ceipt of such notification from a li- paragraph (a)(5) of this section shall be censee, the International Bureau will included in the application. issue a public notice stating that the (7) Any ESAA applicant filing for an licensee may commence operations ESAA terminal or system shall include within the coordination zone in 30 days in its application a certification that if no party has opposed the operations. will comply with the requirements of (2) When NTIA seeks to provide simi- paragraphs (a)(6), (a)(9), (a)(10), and lar protection to future TDRSS sites (a)(11) of this section. that have been coordinated through (8) All ESAA applicants shall submit the IRAC Frequency Assignment Sub- a radio frequency hazard analysis de- committee process, NTIA will notify termining via calculation, simulation, the Commission’s International Bureau or field measurement whether ESAA that the site is nearing operational sta- terminals, or classes of terminals, will tus. Upon public notice from the Inter- produce power densities that will ex- national Bureau, all Ku-band ESAA li- ceed the Commission’s radio frequency censees shall cease operations in the exposure criteria. ESAA applicants 14.0–14.2 GHz band within radio line-of-

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sight of the new TDRSS site until the submit the coordination agreement to licensees complete coordination with the Commission. Upon receipt of such NTIA/IRAC for the new TDRSS facil- notification from a licensee, the Inter- ity. Licensees shall notify the Inter- national Bureau will issue a public no- national Bureau once they have com- tice stating that the licensee may completed coordination for the new TDRSS mence operations within the coordina- site. Upon receipt of such notification tion zone in 30 days if no party has op- from a licensee, the International Bu- posed the operations. The ESAA li- reau will issue a public notice stating censee then will be permitted to com- that the licensee may commence oper- mence operations in the 14.47–14.5 GHz ations within the coordination zone in band within the relevant coordination 30 days if no party has opposed the op- distance around the new RAS site, sub- erations. The ESAA licensee then will ject to any operational constraints de- be permitted to commence operations veloped in the coordination process. in the 14.0–14.2 GHz band within radio [78 FR 14927, Mar. 8, 2013, as amended at 79 line-of-sight of the new TDRSS site, FR 8324, Feb. 12, 2014; 79 FR 26868, May 12, subject to any operational constraints 2014] developed in the coordination process. (d)(1) Operations of ESAA in the §§ 25.228–25.249 [Reserved] 14.47–14.5 GHz (Earth-to-space) frequency band in the radio line-of-sight § 25.250 Sharing between NGSO MSS of radio astronomy service (RAS) ob- Feeder links Earth Stations in the 19.3–19.7 GHz and 29.1–29.5 GHz servatories observing in the 14.47–14.5 Bands. GHz band are subject to coordination with the National Science Foundation (a) NGSO MSS applicants shall be li- (NSF). The appropriate NSF contact censed to operate in the 29.1–29.5 GHz point to initiate coordination is Elec- band for Earth-to-space transmissions tromagnetic Spectrum Manager, NSF, and 19.3–19.7 GHz for space-to-Earth 4201 Wilson Blvd., Suite 1045, Arlington transmissions from feeder link earth VA 22203, fax 703–292–9034, email station complexes. A ‘‘feeder link earth [email protected]. Licensees shall notify the station complex’’ may include up to International Bureau once they have three (3) earth station groups, with completed coordination. Upon receipt each earth station group having up to of the coordination agreement from a four (4) antennas, located within a ra- licensee, the International Bureau will dius of 75 km of a given set of geo- issue a public notice stating that the graphic coordinates provided by NGSO- licensee may commence operations MSS licensees or applicants. within the coordination zone in 30 days (b) Licensees of NGSO MSS feeder if no party has opposed the operations. link earth stations separated by 800 km (2) A list of applicable RAS sites and or less are required to coordinate their their locations can be found in operations, see § 25.203. The results of § 25.226(d)(2) Table 1. the coordination shall be reported to (3) When NTIA seeks to provide simi- the Commission. lar protection to future RAS sites that [61 FR 44181, Aug. 28, 1996] have been coordinated through the IRAC Frequency Assignment Sub- § 25.251 Special requirements for co- committee process, NTIA will notify ordination. the Commission’s International Bureau (a) The administrative aspects of the that the site is nearing operational sta- coordination process are set forth in tus. Upon public notice from the Inter- § 101.103 of this chapter in the case of national Bureau, all Ku-band ESAA li- coordination of terrestrial stations censees shall cease operations in the with earth stations, and in § 25.203 in 14.47–14.5 GHz band within the relevant the case of coordination of earth sta- geographic zone of the new RAS site tions with terrestrial stations. until the licensees complete coordina- (b) The technical aspects of coordination for the new RAS facility. Licens- tion are based on Appendix 7 of the ees shall notify the International Bu- International Telecommunication reau once they have completed coordi- Union Radio Regulations and certain nation for the new RAS site and shall recommendations of the ITU

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Radiocommunication Sector (available urement of -57.9 dBW/MHz at the edge at the address in § 0.445 of this chapter). of a MSS licensee’s authorized and internationally coordinated MSS fre- [66 FR 10630, Feb. 16, 2001, as amended at 78 FR 8430, Feb. 6, 2013] quency assignment. (c) An applicant for an ancillary ter- § 25.252 [Reserved] restrial component in these bands shall: § 25.253 Special requirements for an- (1) Demonstrate, at the time of appli- cillary terrestrial components oper- cation, how its ATC network will com- ating in the 1626.5–1660.5 MHz/ 1525–1559 MHz bands. ply with the requirements of footnotes US308 and US315 to the table of fre- (a) An ancillary terrestrial compo- quency allocations contained in § 2.106 nent in these bands shall: of this chapter regarding priority and (1) In any band segment coordinated preemptive access to the L-band MSS for the exclusive use of an MSS appli- spectrum by the aeronautical mobile- cant within the land area of the U.S., satellite en-route service (AMS(R)S) where there is no other L-Band MSS and the global maritime distress and satellite making use of that band seg- safety system (GMDSS). ment within the visible portion of the (2) Coordinate with the terrestrial geostationary arc as seen from the CMRS operators prior to initiating ATC coverage area, the ATC system ATC transmissions when co-locating will be limited by the in-band and out- ATC base stations with terrestrial of-band emission limitations contained commercial mobile radio service in this section and the requirement to (CMRS) base stations that make use of maintain a substantial MSS service. Global Positioning System (GPS) time- (2) In any band segment that is co- based receivers. ordinated for the shared use of the applicant’s MSS system and another MSS (3) Provide, at the time of applica- operator, where the coordination tion, calculations that demonstrate the agreement existed prior to February 10, ATC system conforms to the DT/T re- 2005 and permits a level of interference quirements in paragraphs (a)(2) and to the other MSS system of less than (a)(3) of this section, if a coordination agreement that incorporates the ATC 6% DT/T, the applicant’s combined ATC and MSS operations shall increase the operations does not exist with other system noise level of the other MSS to MSS operators. no more then 6% DT/T. Any future co- (d) Applicants for an ancillary terres- ordination agreement between the par- trial component in these bands must ties governing ATC operation will su- demonstrate that ATC base stations persede this paragraph. shall not: (3) In any band segment that is co- (1) Exceed a peak EIRP of 31.9–10*log ordinated for the shared use of the ap- (number of carriers) dBW/200kHz, per plicant’s MSS system and another MSS sector, for each carrier in the 1525– operator, where a coordination agree- 1541.5 MHz and 1547.5–1559 MHz fre- ment existed prior to February 10, 2005 quency bands; and permits a level of interference to (2) Exceed an EIRP in any direction the other MSS system of 6% DT/T or toward the physical horizon (not to in- greater, the applicant’s ATC operations clude man-made structures) of 26.9– may increase the system noise level of 10*log (number of carriers) dBW/200 the other MSS system by no more than kHz, per sector, for each carrier in the an additional 1% DT/T. Any future co- 1525–1541.5 MHz and 1547.5–1559 MHz fre- ordination agreement between the par- quency bands; ties governing ATC operations will su- (3) Exceed a peak EIRP of 23.9 persede this paragraph. ¥10*log(number of carriers) dBW/200 (4) In a band segment in which the kHz, per sector, for each carrier in the applicant has no rights under a coordi- 1541.5–1547.5 MHz frequency band; nation agreement, the applicant may (4) Exceed an EIRP toward the phys- not implement ATC in that band. ical horizon (not to include man-made (b) ATC base stations shall not ex- structures) of 18.9–10*log(number of ceed an out-of-channel emissions meas- carriers) dBW/200 kHz, per sector, for

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each carrier in the 1541.5–1547.5 MHz Free-space loss must be assumed if this frequency band; requirement is demonstrated via cal- (5) Exceed a total power flux density culation; level of ¥56.8 dBW/m2/200 kHz at the (8) Exceed a peak antenna gain of 16 edge of all airport runways and aircraft dBi; stand areas, including takeoff and (9) Generate EIRP density, averaged landing paths from all carriers oper- over any two-millisecond active trans- ating in the 1525–1559 MHz frequency mission interval, greater than ¥70 bands. The total power flux density dBW/MHz in the 1559–1605 MHz band or here is the sum of all power flux den- greater than a level determined by lin- sity values associated with all carriers ear interpolation in the 1605–1610 MHz in a sector in the 1525–1559 MHz fre- band, from ¥70 dBW/MHz at 1605 MHz quency band, expressed in dB(Watts/m2/ to ¥46 dBW/MHz at 1610 MHz. The 200 kHz). Free-space loss must be as- EIRP, averaged over any two-milli- sumed if this requirement is dem- second active transmission interval, of onstrated via calculation; discrete out-of-band emissions of less (6) Exceed a total power flux density than 700 Hz bandwidth from such base level of ¥56.6 dBW/ m2/200 kHz at the stations shall not exceed ¥80 dBW in water’s edge of any navigable water- the 1559–1605 MHz band or exceed a way from all carriers operating in the level determined by linear interpola- 1525–1541.5 MHz and 1547.5–1559 MHz fre- tion in the 1605–1610 MHz band, from quency bands. The total power flux ¥80 dBW at 1605 MHz to ¥56 dBW at density here is the sum of all power 1610 MHz. A root-mean-square detector flux density values associated with all function with a resolution bandwidth carriers in a sector in the 1525–1541.5 of one megahertz or equivalent and no MHz and 1547.5–1559 MHz frequency less video bandwidth shall be used to bands, expressed in dB(Watts/m2/200 measure wideband EIRP density for kHz). Free-space loss must be assumed purposes of this rule, and narrowband if this requirement is demonstrated via EIRP shall be measured with a root- calculation; mean-square detector function with a (7) Exceed a total power flux density resolution bandwidth of one kilohertz level of ¥64.6 dBW/ m2/200 kHz at the or equivalent. water’s edge of any navigable water- (e) Applicants for an ancillary terres- way from all carriers operating in the trial component in these bands must 1541.5–1547.5 MHz frequency band. The demonstrate, at the time of the appli- total power flux density here is the cation, that ATC base stations shall sum of all power flux density values as- use left-hand-circular polarization an- sociated with all carriers in a sector in tennas with a maximum gain of 16 dBi the 1541.5–1547.5 MHz frequency band, and overhead gain suppression accord- expressed in dB(Watts/m2/200 kHz). 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 erating in the 1544–1545 MHz band for the base station antenna in dBi. any ATC base station located either (f) Prior to operation, ancillary ter- within 27 km of a SARSAT station, or restrial component licensees shall: within radio horizon of the SARSAT (1) Provide the Commission with suf- station, whichever is less. ficient information to complete coordi- (2) Take all practicable steps to avoid nation of ATC base stations with locating ATC base stations within Search-and-Rescue Satellite-Aided radio line of sight of Mobile Aero- Tracking (SARSAT) earth stations op- nautical Telemetry (MAT) receive sites

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in order to protect U.S. MAT systems with a root-mean-square detector func- consistent with ITU–R Recommenda- tion with a resolution bandwidth of one tion ITU–R M.1459. MSS ATC base sta- kilohertz or equivalent. tions located within radio line of sight (h) When implementing multiple base of a MAT receiver must be coordinated stations and/or base stations using with the Aerospace and Flight Test multiple carriers, where any third- 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

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dBW/MHz in the 1559–1610 MHz band. shall be used to measure wideband The EIRP, averaged over any two-mil- EIRP density for purposes of this rule, lisecond active transmission interval, and narrowband EIRP shall be meas- of discrete out-of-band emissions of ured with a root-mean-square detector less than 700 Hz bandwidth from such function with a resolution bandwidth base stations shall not exceed ¥80 dBW of one kilohertz or equivalent. 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.

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Provided that a documented inter- (ii) if both base stations are co-lo- ference complaint cannot be mutually cated, the ATC licensee must limit its resolved between the parties, the fol- undesired signal level at the new or lowing additional attenuation require- modified BRS base station receiver(s) ments set forth in subsections (2)–(5) to no more than ¥107 dBm measured in shall apply: a 5.5 megahertz bandwidth. (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 log(Dkm/1.5) dB measured at 3 mega- which all emissions are attenuated at hertz 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 NOTE TO § 25.254: The preceding rules of complaining licensee upon such reduc- § 25.254 are based on cdma2000 and IS–95 sys- tion in the undesired signal level. tem architecture. To the extent that a 1.6/2.4 (4) If a new or modified BRS base sta- GHz Mobile-Satellite Service licensee is able tion suffers harmful interference from to demonstrate that the use of different sys- emissions caused by a pre-existing ATC tem architectures would produce no greater base station located 1.5 km or more potential interference than would be pro- away, within 60 days of receipt of a duced as a result of implementing the rules documented interference complaint the of this section, the licensee may apply for ATC authorization based on another system licensee of the ATC base station must architecture. attenuate its base station emissions by at least 67 + 10 log (P) dB measured at [68 FR 33653, June 5, 2003, as amended at 69 3 megahertz above the edge of the au- FR 18803, Apr. 9, 2004; 70 FR 19320, Apr. 13, 2005; 73 FR 25592, May 5, 2008; 78 FR 8430, Feb. thorized ATC band. 6, 2013] (5) If a new or modified BRS base station suffers harmful interference from § 25.255 Procedures for resolving emissions caused by a pre-existing ATC harmful interference related to op- base station located less than 1.5 km eration of ancillary terrestrial com- away, within 60 days of receipt of a ponents operating in the 1.5/1.6 GHz documented interference complaint: and 1.6/2.4 GHz bands. (i) the ATC licensee must attenuate If harmful interference is caused to its base station emissions by at least 67 other services by ancillary MSS ATC + 10 log (P) ¥20 log(Dkm/1.5) dB meas- operations, either from ATC base sta- ured 3 megahertz above the edge of the tions or mobile terminals, the MSS authorized ATC band, or 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 connection, any sin- censee authorized under subpart Z, gle NGSO MSS operator shall only part 90 that seeks to place base and identify one feeder link earth station fixed stations in operation within 150 complex protection zone in each cat- km of a primary earth station, licens- egory identified in § 101.147(c)(2) of this ees of earth stations operating on a pri- chapter until the other NGSO MSS op- mary basis in the Fixed-Satellite Serv- erator has been given an opportunity ice in the 3.65–3.7 GHz band must nego- to select a location from the same cat- tiate in good faith with that terrestrial egory. licensee to arrive at mutually agreeable operating parameters to prevent [61 FR 44181, Aug. 28, 1996, as amended at 78 unacceptable interference. FR 8430, Feb. 6, 2013] [70 FR 24725, May 11, 2005, as amended at 78 § 25.258 Sharing between NGSO MSS FR 8430, Feb. 6, 2013] Feeder links Stations and GSO FSS services in the 29.25–29.5 GHz § 25.257 Special requirements for oper- Bands. ations in the band 29.1–29.25 GHz between NGSO MSS and LMDS. (a) Operators of NGSO MSS feeder (a) Non-geostationary Mobile-Sat- link earth stations and GSO FSS earth ellite Service (NGSO MSS) operators stations in the band 29.25 to 29.5 GHz shall be licensed to use the 29.1–29.25 where both services have a co-primary GHz band for Earth-to-space trans- allocation shall cooperate fully in missions from feeder link earth station order to coordinate their systems. Dur- complexes. A ‘‘feeder link earth station ing the coordination process both serv- complex’’ may include up to three (3) ice operators shall exchange the nec- earth station groups, with each earth essary technical parameters required station group having up to four (4) an- for coordination. tennas, located within a radius of 75 (b) Licensed GSO FSS systems shall, km of a given set of geographic coordi- to the maximum extent possible, oper- nates provided by a NGSO MSS licens- ate with frequency/polarization selec- ees or applicants pursuant to § 101.147. tions, in the vicinity of operational or (b) A maximum of seven (7) feeder planned NGSO MSS feeder link earth link earth station complexes in the station complexes, that will minimize contiguous United States, Alaska and instances of unacceptable interference Hawaii may be placed into operation, to the GSO FSS space stations. Earth in the largest 100 MSAs, in the band station licensees operating with GSO 29.1–29.25 GHz in accordance with FSS systems shall be capable of pro- § 25.203 and § 101.147 of this chapter. viding earth station locations to sup- (c) One of the NGSO MSS operators port coordination of NGSO MSS feeder licensed to use the 29.1–29.25 GHz band link stations under paragraphs (a) and may specify geographic coordinates for (c) of this section. Operation of ubiq- a maximum of eight feeder link earth uitously deployed GSO FSS earth sta- station complexes that transmit in the tions in the 29.25–29.5 GHz frequency 29.1–29.25 GHz band. The other NGSO band shall conform to the rules con- MSS operator licensed to use the 29.1– tained in § 25.138. 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- strictions. The ephemeris information onstrate that their systems can share must be updated system-wide on at with GSO FSS and NGSO MSS systems least a weekly basis. For calculation that have been authorized for oper- required for compliance with these re- ation in that band. strictions an NVNG MSS licensee shall [67 FR 37336, May 29, 2002, as amended at 68 use an orbital propagator algorithm FR 16967, Apr. 8, 2003] with an accuracy equal to or greater than the NORAD propagator used by § 25.259 Time sharing between NOAA NOAA. meteorological satellite systems and (b) An NVNG licensee time sharing non-voice, non-geostationary satellite 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 or suffer in connection with an inter- within a NOAA satellite’s protected ruption of its Mobile-Satellite Service, area for that band. (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 necessary for compliance with these re-

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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- each frequency band for its home base cordance with a demonstration plan es- spectrum. The selection order for each tablished by DoD and the NVNG li- satellite network shall be determined censee, upon the Commission’s receipt by and be in accordance with the date of a written notification from NTIA de- that the first space station in each sat- scribing such failure, the Commission ellite network is launched and oper- shall impose additional conditions or ating; requirements on the NVNG licensee’s (2) The affected space station(s) of authorization as may be necessary to the respective satellite networks shall protect DoD operations in the 400.15–401 only operate in the selected (1/n) spec- MHz downlink band until the Commis- trum associated with its satellite net- sion is notified by NTIA that the work, its home base spectrum, for the NVNG licensee has successfully dem- duration of the in-line interference onstrated its ability to implement a event; DoD required frequency change. Such (3) All affected space station(s) may additional conditions or requirements resume operations throughout the as- may include, but are not limited to, re- signed frequency bands once the angu- quiring such NVNG licensee imme- lar separation between the affected diately to terminate its operations space stations in the in-line inter- interfering with the DoD system. ference event is again greater than 10°. (d) Coordination procedure. Any co- [62 FR 59296, Nov. 3, 1997, as amended at 78 ordination procedure agreed among the FR 8430, Feb. 6, 2013; 79 FR 8325, Feb. 12, 2014] affected operating satellite networks, § 25.261 Procedures for avoidance of which allows operations of the satellite in-line interference events for Non networks when each network’s respec- Geostationary Satellite Orbit tive space stations are within the 10 de- (NGSO) Satellite Network Oper- gree avoidance angle associated with ations in the Fixed-Satellite Service an in-line interference event, shall su- (FSS) Bands. persede the default procedure of para- (a) Applicable NGSO FSS Bands. The graph (c) of this section. Coordination coordination procedures in this section may be effected using information re- apply to non-Federal-Government lating to the space stations and the pa- NGSO FSS satellite networks oper- rameters of one or more typical earth ating in the following assigned fre- stations. All parties are required to co- quency bands: The 28.6–29.1 GHz or 18.8– ordinate in good faith. 19.3 GHz frequency bands. [68 FR 59129, Oct. 14, 2003, as amended at 78 (b) Definition of ‘‘In-line interference FR 8430, Feb. 6, 2013] events.’’ For purposes of this section, an ‘‘in-line interference event’’ is de- § 25.262 Licensing and domestic co- fined as the interference associated ordination requirements for 17/24 with an occurrence of any physical GHz BSS space stations. alignment of space stations of two or (a) Except as described in paragraphs more satellite networks with an oper- (b), (c) or (e) of this section, applicants ating Earth station of one of these net- seeking to operate a space station in works in such a way that the angular the 17/24 GHz BSS must locate that separation between operational links of space station at one of the orbital posi- the two networks is less than 10° as tions described in Appendix F of the measured at the Earth station. Report and Order adopted May 2, 2007, (c) Default procedure. If no agreed co- IB Docket No. 06–123, FCC 07–76. ordination exists between two or more (b) An applicant may be authorized satellite networks, then the bands will to operate a 17/24 GHz BSS space sta- be divided among the affected satellite tion at an orbital location described in networks involved in an in-line inter- Appendix F as set forth in paragraph ference event in accordance with the (a) of this section, or at a location with following procedure: a geocentric angular separation of one (1) Each of n (number of) satellite degree or less from an Appendix F loca- networks involved in a particular in- tion, and may operate at the maximum line interference event shall select 1/n power flux density limits defined in of the assigned spectrum available in § 25.208(c) and (w) of this part, without

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coordinating its power flux density lev- (f) Any 17/24 GHz BSS U.S. licensee or els with adjacent licensed or permitted permittee that does not comply with operators, only if there is no licensed the power flux-density limits set forth 17/24 GHz BSS space station or prior- in § 25.208(w) of this part shall bear the filed application at a location less than burden of coordinating with any future four degrees from the offset orbital lo- co-frequency licensees and permittees cation at which the applicant proposes of a 17/24 GHz BSS network under the to operate. following circumstances: (c)(1) Notwithstanding the provisions (1) If the operator’s space-to-Earth of this section, licensees and permit- power flux-density levels exceed the tees will be allowed to apply for a li- power flux-density limits set forth in cense or authorization for a replace- § 25.208(w) of this part by 3 dB or less, ment satellite that will be operated at the operator shall bear the burden of the same power level and interference coordinating with any future operators protection as the satellite to be re- proposing a 17/24 GHz BSS space sta- placed. tion in compliance with power flux- density limits set forth in § 25.208(w) of (2) In addition, applicants for licenses this part and located within ±6 degrees or authority for a satellite to be oper- of the operator’s 17/24 GHz BSS space ated at an orbit location that was station. made available after a previous 17/24 (2) If the operator’s space-to-Earth GHz BSS license was cancelled or sur- power flux-density levels exceed the rendered will be permitted to apply for power flux-density limits set forth in authority to operate a satellite at the § 25.208(w) of this part by more than 3 same power level and interference pro- dB, the operator shall bear the burden tection as the previous licensee at that of coordinating with any future opera- orbit location, to the extent that their tors proposing a 17/24 GHz BSS space proposed operations are consistent station in compliance with power flux- with the provisions of this part. Such density limits set forth in § 25.208(w) of applications will be considered pursu- this part and located within ±10 degrees ant to the first-come, first-served proof the operator’s 17/24 GHz BSS space cedures set forth in § 25.158 of this part. station. (d) Any U.S. licensee or permittee (3) If no good faith agreement can be using a 17/24 GHz BSS space station reached, the operator of the 17/24 GHz that is located less than four degrees BSS satellite network that does not away from a prior-authorized 17/24 GHz comply with § 25.208(w) of this part BSS space station that is authorized to shall reduce its space-to-Earth power operate in accordance with paragraph flux-density levels to be compliant (b) of this section: with those specified in § 25.208(w) of (1) may not cause any more inter- this part. ference to the adjacent satellite net- [72 FR 60280, Oct. 24, 2007] work than would be caused if the adjacent 17/24 GHz BSS space station were § 25.263 Information sharing require- located four degrees away from the ments for SDARS terrestrial re- proposed space station; and peater operators. (2) must accept any increased inter- This section requires SDARS licens- ference that results from the adjacent ees in the 2320–2345 MHz band to share space station network operating at the information regarding the location and offset orbital location less than four operation of terrestrial repeaters with degrees away. WCS licensees in the 2305–2320 MHz and (e) Any 17/24 GHz BSS U.S. licensee 2345–2360 MHz bands. Section 27.72 of or permittee that is required to provide this chapter requires WCS licensees to information in its application pursuant share information regarding the loca- to § 25.140(b)(4)(ii) or (b)(4)(iii) of this tion and operation of base stations in part must accept any increased inter- the 2305–2320 MHz and 2345–2360 MHz ference that may result from adjacent bands with SDARS licensees in the 17/24 GHz BSS space stations that are 2320–2345 MHz band. operating in compliance with the rules (a) SDARS licensees must select ter- for this service. restrial repeater sites and frequencies,

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to the extent practicable, to minimize in advance of additional repeater modi- the possibility of harmful interference fications. to WCS base station operations in the (4) SDARS repeaters operating below 2305–2320 MHz and 2345–2360 MHz bands. 2 watts equivalent isotropically radi- (b) Notice requirements. SDARS licens- ated power (EIRP) are exempt from the ees that intend to operate a new terres- notice requirements set forth in this trial repeater must, before com- paragraph. mencing such operation, provide 10 (5) SDARS licensees are encouraged business days prior notice to all poten- to develop separate coordination agree- tially affected Wireless Communica- ments with WCS licensees to facilitate tions Service (WCS) licensees. SDARS efficient deployment of and coexistence licensees that intend to modify an ex- between each service. To the extent the isting repeater must, before com- provisions of any such coordination mencing such modified operation, pro- agreement conflict with the require- vide 5 business days prior notice to all ments set forth herein, the procedures potentially affected WCS licensees. established under a coordination agree- (1) For purposes of this section, a ment will control. SDARS licensees ‘‘potentially affected WCS licensee’’ is must maintain a copy of any coordina- a WCS licensee that: tion agreement with a WCS license in (i) Is authorized to operate a base their station files and disclose it to station in the 2305–2315 MHz or 2350– prospective assignees, transferees, or 2360 MHz bands in the same Major Eco- spectrum lessees and, upon request, to nomic Area (MEA) as that in which the the Commission. terrestrial repeater is to be located; (6) SDARS and WCS licensees may (ii) Is authorized to operate base sta- enter into agreements regarding alter- tion in the 2315–2320 MHz or 2345–2350 native notification procedures. MHz bands in the same Regional Eco- (c) Contents of notice. (1) Notification nomic Area Grouping (REAG) as that must be written (e.g., certified letter, in which the terrestrial repeater is to fax, or e-mail) and include the licens- be located; ee’s name, and the name, address, and (iii) In addition to the WCS licensees telephone number of its coordination identified in paragraphs (b)(1)(i) and representative, unless the SDARS li- (ii) of this section, in cases in which censee and all potentially affected WCS the SDARS licensee plans to deploy or licensees reach a mutual agreement to modify a terrestrial repeater within 5 provide notification by some other kilometers of the boundary of an MEA means. WCS licensees and SDARS li- or REAG in which the terrestrial re- censees may establish such a mutually peater is to be located, a potentially agreeable alternative notification affected WCS licensee is one that is au- mechanism without prior Commission thorized to operate a WCS base station approval, provided that they comply in that neighboring MEA or REAG with all other requirements of this sec- within 5 kilometers of the location of tion. the terrestrial repeater. (2) Regardless of the notification (2) For the purposes of this section, a method, notification must specify rel- business day is defined by § 1.4(e)(2) of evant technical details, including, at a this chapter. minimum: (3) For modifications other than (i) The coordinates of the proposed changes in location, a licensee may repeater to an accuracy of no less than provide notice within 24 hours after the ±1 second latitude and longitude; modified operation if the modification (ii) The proposed operating power(s), does not result in a predicted increase frequency band(s), and emission(s); of the power flux density (PFD) at (iii) The antenna center height above ground level by more than 1 dB since ground and ground elevation above the last advance notice was given. If a mean sea level, both to an accuracy of demonstration is made by the WCS li- no less than ±1 meter; censee that such modifications may (iv) The antenna gain pattern(s) in cause harmful interference to WCS re- the azimuth and elevation planes that ceivers, SDARS licensees will be re- include the peak of the main beam; and quired to provide notice 5 business days (v) The antenna downtilt angle(s).

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(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] formation set forth in § 25.263(c)(2), which shall be available upon request § 25.264 Requirements to facilitate re- by the Commission. verse-band operation in the 17.3– (d) Calculation of Notice Period. Notice 17.8 GHz band of 17/24 GHz Broad- periods are calculated from the date of casting-satellite Service and Direct receipt by the licensee being notified. Broadcast Satellite Service space If notification is by mail, the date of stations. receipt is evidenced by the return re- (a) Each applicant for a space station ceipt on certified mail. If notification license in the 17/24 GHz broadcasting- is by fax, the date of receipt is evi- satellite service (BSS) must provide a denced by the notifying party’s fax series of tables or graphs with its appli- transmission confirmation log. If noti- cation, that contain the predicted fication is by e-mail, the date of re- transmitting antenna off-axis gain in- ceipt is evidenced by a return e-mail formation for each transmitting an- receipt. If the SDARS licensee and all tenna in the 17.3–17.8 GHz frequency potentially affected WCS licensees band. Using a Cartesian coordinate sys- reach a mutual agreement to provide tem wherein the X axis is tangent to notification by some other means, that the geostationary orbital arc with the agreement must specify the method for positive direction pointing east, i.e., in determining the beginning of the no- the direction of travel of the satellite; tice period. the Y axis is parallel to a line passing (e) Duty to cooperate. SDARS licens- through the geographic north and ees must cooperate in good faith in the south poles of the Earth, with the posi- selection and use of new repeater sites tive direction pointing south; and the Z to reduce interference and make the axis passes through the satellite and most effective use of the authorized fa- the center of the Earth, with the posi- cilities. SDARS licensees should pro- tive direction pointing toward the vide WCS licensees as much lead time Earth, the applicant must provide the as practicable to provide ample time to predicted transmitting antenna off- conduct analyses and opportunity for axis antenna gain information: prudent repeater site selection prior to (1) In the X–Z plane, i.e., the plane of SDARS licensees entering into real es- the geostationary orbit, over a range of tate and tower leasing or purchasing ±30 degrees from the positive and nega- agreements. Licensees of stations suf- tive X axes in increments of 5 degrees fering or causing harmful interference or less. must cooperate in good faith and re- (2) In planes rotated from the X–Z solve such problems by mutually satis- plane about the Z axis, over a range of factory arrangements. If the licensees ±60 degrees relative to the equatorial are unable to do so, the International plane, in increments of 10 degrees or Bureau, in consultation with the Office less. of Engineering and Technology and the (3) In both polarizations. Wireless Telecommunications Bureau, (4) At a minimum of three measure- will consider the actions taken by the ment frequencies determined with re- parties to mitigate the risk of and rem- spect to the entire portion of the 17.3– edy any alleged interference. In deter- 17.8 GHz frequency band over which the mining the appropriate action, the Bu- space station is designed to transmit: 5 reau will take into account the nature MHz above the lower edge of the band; and extent of the interference and act at the band center frequency; and 5 promptly to remedy the interference. MHz below the upper edge of the band. The Bureau may impose restrictions on (5) Over a greater angular measure- SDARS licensees, including specifying ment range, if necessary, to account the transmitter power, antenna height, for any planned spacecraft orientation or other technical or operational meas- bias or change in operating orientation ures to remedy the interference, and relative to the reference coordinate

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system. The applicant must also ex- DBS operators acknowledge and do not plain its reasons for doing so. object to the applicants higher off-axis (b) Each applicant for a space station pfd levels. No such certification is re- license in the 17/24 GHz BSS must pro- quired in cases where the DBS and 17/24 vide power flux density (pfd) calcula- GHz BSS assigned operating fre- tions with its application that are quencies do not overlap. based upon the predicted off-axis trans- (c) No later than 9 months prior to mitting antenna gain information sub- launch, each 17/24 GHz BSS space sta- mitted in accordance with paragraph tion applicant or authorization holder (a) of this section, as follows: must confirm the predicted transmit- (1) The pfd calculations must be pro- ting antenna off-axis gain information vided at the location of all prior-filed provided in accordance with U.S. DBS space stations where the ap- § 25.114(d)(15)(iv) by submitting meas- plicant’s pfd level exceeds the coordi- ured transmitting antenna off-axis nation trigger of ¥117 dBW/m2/100 kHz gain information over the angular in the 17.3–17.8 GHz band. In this rule, ranges, measurement frequencies and the term prior-filed U.S. DBS space polarizations described in paragraphs station refers to any Direct Broadcast (a)(1) through (5) of this section. The Satellite service space station applica- transmitting antenna off-axis gain in- tion that was filed with the Commis- formation should be measured under sion (or authorization granted by the conditions as close to flight configura- Commission) prior to the filing of the tion as possible. 17/24 GHz BSS application containing (d) No later than 9 months prior to the predicted off-axis transmitting an- launch, each 17/24 GHz BSS space sta- tenna gain information. The term tion applicant or authorization holder prior-filed U.S. DBS space station does must provide pfd calculations based not include any applications (or au- upon the measured transmitting an- thorizations) that have been denied, tenna off-axis gain information that is dismissed, or are otherwise no longer submitted in accordance with para- valid. Prior-filed U.S. DBS space sta- graph (c) of this section as follows: tions may include foreign-licensed DBS space stations seeking authority to (1) The pfd calculations must be pro- serve the United States market, but do vided: not include foreign-licensed DBS space (i) At the location of all prior-filed stations that have not filed applica- U.S. DBS space stations as defined in tions with the Commission for market paragraph (b)(1) of this section, where access in the United States. the applicant’s pfd level in the 17.3–17.8 (2) The pfd calculations must take GHz band exceeds the coordination into account the maximum permitted trigger of ¥117 dBW/m2/100 kHz; and longitudinal station-keeping tolerance, (ii) At the location of any subse- orbital inclination and orbital eccen- quently-filed U.S. DBS space station tricity of both the 17/24 GHz BSS and where the applicant’s pfd level in the DBS space stations, and must: 17.3–17.8 GHz band exceeds the coordi- (i) Identify each prior-filed U.S. DBS nation trigger of ¥117 dBW/m2/100 kHz. space station at whose location the co- In this rule, the term subsequently- ordination threshold pfd level of ¥117 filed U.S. DBS space station refers to dBW/m2/100 kHz is exceeded; and any Direct Broadcast Satellite service (ii) Demonstrate the extent to which space station application that was filed the applicant’s transmissions in the with the Commission (or authorization 17.3–17.8 GHz band exceed the threshold granted by the Commission) after the pfd level of ¥117 dBW/m2/100 kHz at 17/24 GHz BSS operator submitted the those prior-filed U.S. DBS space sta- predicted data required by paragraphs tion locations. (a) through (b) of this section, but prior (3) If the calculated pfd level is in ex- to the time the 17/24 GHz BSS operator cess of the threshold level of ¥117 dBW/ submitted the measured data required m2/100 kHz at the location of any prior- in this paragraph. Subsequently-filed filed U.S. DBS space station, the appli- U.S. DBS space stations may include cant must also provide with its appli- foreign-licensed DBS space stations cation certification that all affected seeking authority to serve the United

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States market. The term does not in- (i) Coordinate with the affected sub- clude any applications (or authoriza- sequently-filed U.S. DBS space station tions) that have been denied, dis- operator all of its operations that are missed, or are otherwise no longer either in excess of the pfd level cal- valid, nor does it include foreign-li- culated on the basis of the predicted censed DBS space stations that have antenna off-axis gain data, or are in ex- not filed applications with the Com- cess of the threshold pfd level of ¥117 mission for market access in the dBW/m2/100 kHz, whichever is greater, United States. or (2) The pfd calculations must take (ii) Adjust its operating parameters into account the maximum permitted so that at the location of the subse- longitudinal station-keeping tolerance, quently-filed U.S. DBS space station, orbital inclination and orbital eccen- either the pfd level calculated on the tricity of both the 17/24 GHz BSS and basis of the predicted off-axis transmit- DBS space stations, and must: ting antenna gain data, or the thresh- (i) Identify each prior-filed U.S. DBS old pfd level of ¥117 dBW/m2/100 kHz, space station at whose location the co- whichever is greater, is not exceeded. ordination threshold pfd level of ¥117 (3) No coordination or adjustment of dBW/m2/100 kHz is exceeded; and operating parameters is required in (ii) Demonstrate the extent to which cases where the DBS and 17/24 GHz BSS the applicant’s or licensee’s trans- operating frequencies do not overlap. missions in the 17.3–17.8 GHz band ex- (f) The 17/24 GHz BSS applicant or li- ceed the threshold pfd level of ¥117 censee must modify its license, or dBW/m2/100 kHz at those prior-filed amend its application, as appropriate, U.S. DBS space station locations. based upon new information: (e) If the pfd level calculated from (1) If the pfd levels submitted in ac- the measured data submitted in accordance with paragraph (d) of this sec- cordance with paragraph (d) of this section, are in excess of those submitted tion is in excess of the threshold pfd in accordance with paragraph (b) of level of ¥117 dBW/m2/100 kHz: this section at the location of any (1) At the location of any prior-filed prior-filed or subsequently-filed U.S. U.S. DBS space station as defined in DBS space station as defined in para- paragraph (b)(1) of this section, then graphs (b)(1) and (d)(1)of this section, the 17/24 GHz broadcasting-satellite op- or erator must either: (2) If the 17/24 GHz BSS operator ad- (i) Coordinate its operations that are justs its operating parameters in ac- in excess of the threshold pfd level of cordance with paragraphs (e)(1)(ii) or ¥117 dBW/m2/100 kHz with the affected (e)(2)(ii) or this section. prior-filed U.S. DBS space station oper- (g) Absent an explicit agreement be- ator, or tween operators to permit more closely (ii) Adjust its operating parameters spaced operations, U.S. authorized 17/24 so that at the location of the prior- GHz BSS space stations and U.S. au- filed U.S. DBS space station, the pfd thorized DBS space stations with co- 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

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interference arising from the reverse- a designated remote control point for band operations of U.S. authorized 17/24 the earth station, at all times that GHz BSS networks to the extent that transmissions are being conducted. No the DBS space station operates within operator’s license is required for a per- the bounds of inclination and eccen- son to operate or perform maintenance tricity listed below. When the geo- on facilities authorized under this part. stationary orbit of the DBS space sta- (c) Authority will be granted to oper- tion exceeds these bounds on inclina- ate a transmitting earth station by re- tion and eccentricity, it may not claim mote control only on the conditions protection from any additional space that: path interference arising as a result of (1) The parameters of the trans- its inclined or eccentric operations and missions of the remote station mon- may only claim protection as if it were itored at the control point, and the operating within the bounds listed operational functions of the remote below: earth stations that can be controlled (1) The DBS space station’s orbit by the operator at the control point, does not exceed 0.075° of inclination, are sufficient to ensure that the oper- and ations of the remote station(s) are at (2) The DBS space station’s orbit all times in full compliance with the maintains an apogee less than or equal remote station authorization(s); to 35,806 km above the surface of the (2) The earth station facilities are Earth, and a perigee greater than or protected by appropriate security equal to 35,766 km above the surface of measures to prevent unauthorized the Earth (i.e., an eccentricity of less entry or operations; than 4.7 × 10¥4). (3) Upon detection by the licensee, or [76 FR 50431, Aug. 15, 2011] upon notification from the Commission of a deviation or upon notification by § 25.265 Acceptance of interference in another licensee of harmful inter- 2000–2020 MHz. ference, the operation of the remote (a) MSS receivers operating in the station shall be immediately suspended 2000–2020 MHz band must accept inter- by the operator at the control point ference from lawful operations in the until the deviation or interference is 1995–2000 MHz band, where such inter- corrected, except that transmissions ference is due to: concerning the immediate safety of life (1) The in-band power of any oper- or property may be conducted for the ations in 1995–2000 MHz (i.e., the por- duration of the emergency; and tion of transmit power contained in the (4) The licensee shall have available 1995–2000 MHz band); or at all times the technical personnel (2) The portion of out-of-band emis- necessary to perform expeditiously the sions contained in 2000–2005 MHz. technical servicing and maintenance of (b) [Reserved] the remote stations. (5) International VSAT system opera- [78 FR 8267, Feb. 5, 2013] tors are required to maintain a control point within the United States, or to Subpart D—Technical Operations maintain a point of contact within the United States available 24 hours a day, SOURCE: 58 FR 13421, Mar. 11, 1993, unless 7 days a week, with the ability to shut otherwise noted. off any earth station within the VSAT network immediately upon notifica- § 25.271 Control of transmitting station of harmful interference. tions. (d) The licensee shall insure that the (a) The licensee of a facility licensed licensed facilities are properly secured under this part is responsible for the against unauthorized access or use proper operation and maintenance of whenever an operator is not present at the station. the transmitter. (b) The licensee of a transmitting (e) The licensee of an NGSO FSS sys- earth station licensed under this part tem operating in the 10.7–14.5 GHz shall ensure that a trained operator is bands shall maintain an electronic web present on the earth station site, or at site bulletin board to list the satellite

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ephemeris data, for each satellite in or its remote control point as des- the constellation, using the North ignated by the licensee. American Aerospace Defense Command (2) The earth station operator shall (NORAD) two-line orbital element for- notify the satellite network control mat. The orbital elements shall be up- center and receive permission from the dated at least once every three days. control center before transmitting to (f) The licensee of any transmitting the satellite or changing the basic earth station licensed under this part characteristics of a transmission. must update the contact information (3) The earth station operator shall provided in the most recent license ap- keep the space station licensee in- plication for the station within 10 days formed of all actual and planned usage. of any change therein. The updated in- (4) Upon approval of the satellite net- formation must be filed electronically work control center, the earth station in the ‘‘Other Filings’’ tab of the sta- operator may radiate an RF carrier tion’s current authorization file in the into the designated transponder. International Bureau Filing System. Should improper illumination of the transponder or undue adjacent trans- [58 FR 13421, Mar. 11, 1993, as amended at 66 FR 10631, Feb. 16, 2001; 70 FR 4787, Jan. 31, ponder interference be observed by the 2005; 70 FR 32257, June 2, 2005; 74 FR 47107, satellite network control center, the Sept. 15, 2009; 78 FR 8430, Feb. 6, 2013; 79 FR earth station operator shall imme- 8325, Feb. 12, 2014] diately take whatever measures are needed to eliminate the problem. § 25.272 General inter-system coordi- (5) The space station licensee may nation procedures. delegate the responsibility and duties (a) Each space station licensee in the of the satellite network control center Fixed-Satellite Service shall establish to a technically qualified user or group a satellite network control center of users, but the space station licensee which will have the responsibility to do shall remain ultimately responsible for the following: the performance of those duties. (1) Monitor space-to-Earth trans- [58 FR 13421, Mar. 11, 1993, as amended at 62 missions in its system (thus indirectly FR 5931, Feb. 10, 1997; 78 FR 8431, Feb. 6, 2013; monitoring uplink earth station trans- 79 FR 8325, Feb. 12, 2014] missions in its system) and (2) Coordinate transmissions in its § 25.273 Duties regarding space com- satellite system with those of other munications transmissions. systems to prevent harmful inter- (a) No person shall: ference incidents or, in the event of a (1) Transmit to a satellite unless the harmful interference incident, to iden- specific transmission is first authorized tify the source of the interference and by the satellite network control cen- correct the problem promptly. ter; (b) [Reserved] (2) Conduct transmissions over a (c) The transmitting earth station li- transponder unless the operator is au- censee shall provide the operator(s) of thorized to transmit at that time by the satellites, on which the licensee is the satellite licensee or the satellite li- authorized to transmit, contact tele- censee’s successor in interest; or phone numbers for the control center (3) Transmit in any manner that of the earth station and emergency causes unacceptable interference to the telephone numbers for key personnel; a authorized transmission of another li- current file of these contacts shall be censee. maintained at each satellite system (b) Satellite operators shall provide control center. upon request by the Commission and (d) An earth station licensee shall en- by earth station licensees authorized sure that each of its authorized earth to transmit on their satellites relevant stations complies with the following: information needed to avoid unaccept- (1) The earth station licensee shall able interference to other users, includ- ensure that there is continuously ing the polarization angles for proper available means of communications be- illumination of a given transponder. tween the satellite network control (c) Space station licensees are re- center and the earth station operator sponsible for maintaining complete and

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accurate technical details of current records shall be made available to an and planned transmissions over their FCC representative on request. satellites, and shall require that au- (d) Where the suspected source of the thorized users of transponders on their interference incident is the operation satellites, whether by tariff or con- of an earth station licensed to operate tract, provide any necessary technical on one or more of the satellites in the information in this regard including satellite operator’s system, the control that required by § 25.272. Based on this center operator shall advise the offend- information, space station licensees ing earth station of the harmful inter- shall exchange among themselves gen- ference incident and assist in the reso- eral technical information concerning lution of the problem where reasonably current and planned transmission pa- possible. rameters as needed to identify and (e) The earth station licensee whose promptly resolve any potential cases of operations are suspected of causing unacceptable interference between harmful interference to the operations their satellite systems. of another earth station shall take rea- (d) Space stations authorized after sonable measures to determine whether May 10, 1993 which do not satisfy the its operations are the source of the requirements of § 25.210 may be re- harmful interference problem. Where quired to accept greater constraints in the operations of the suspect earth sta- resolving interference problems than tion are the source of the interference, complying ones. The extent of these the licensee of that earth station shall constraints shall be determined on a take all measures necessary to resolve case-by-case basis. the interference. (f) Where the earth station suspected [58 FR 13421, Mar. 11, 1993, as amended at 78 of causing harmful interference to the FR 8431, Feb. 6, 2013] operations of another earth station cannot be identified or is identified as § 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 op- [58 FR 13421, Mar. 11, 1993, as amended at 62 erator of all harmful interference inci- FR 5931, Feb. 10, 1997; 70 FR 32257, June 2, dents and their resolution. These 2005; 78 FR 8431, Feb. 6, 2013]

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§ 25.275 Particulars of operation. § 25.277 Temporary fixed earth station (a) Radio station authorizations operations. issued under this part will normally (a) When an earth station in the specify only the frequency bands au- Fixed-Satellite Service is to remain at thorized for transmission and/or recep- a single location for fewer than 6 tion of the station. months, the location may be consid- (b) When authorized frequency bands ered to be temporary fixed. Services are specified in the station authoriza- provided at a single location which are tion, the licensee is authorized to initially known to be of longer than six transmit any number of r.f. carriers on months’ duration shall not be provided any discrete frequencies within an au- under a temporary fixed authorization. thorized frequency band in accordance (b) When a station, other than an with the other terms and conditions of ESV, authorized as a temporary fixed the authorization and the requirements earth station, is to remain at a single of this part. Specific r.f. carrier fre- location for more than six months, ap- quencies within the authorized fre- plication for a regular station author- quency band shall be selected by the li- ization at that location shall be filed at censee to avoid unacceptable levels of least 30 days prior to the expiration of interference being caused to other the six-month period. earth, space or terrestrial stations. (c) The licensee of an earth station, Any coordination agreements, both do- other than an ESV, which is authorized mestic and international, concerning to conduct temporary fixed operations specific frequency usage constraints, in bands shared co-equally with terres- including non-use of any particular fre- trial fixed stations shall provide the quencies within the frequency bands following information to the Director listed in the station authorization, are of the Columbia Operations Center at considered to be conditions of the sta- 9200 Farmhouse Lane, Columbia, Mary- tion authorization. land 21046, and to the licensees of all (c) A license for a transmitting earth terrestrial facilities lying within the station will normally specify only the coordination contour of the proposed r.f. carriers having the highest e.i.r.p. temporary fixed earth station site be- density, the narrowest bandwidth, and fore beginning transmissions: the largest bandwidth authorized for (1) The name of the person operating transmission from that station. Unless the station and the telephone number otherwise specified in the station au- at which the operator can be reached thorization, the licensee is authorized directly; to transmit any other type of carrier (2) The exact frequency or fre- not specifically listed which does not quencies used and the type of emissions exceed the highest e.i.r.p., e.i.r.p. den- and power levels to be transmitted; and sity and bandwidth prescribed for any (3) The commencement and antici- listed emission. pated termination dates of operation (d) Only the most sensitive emis- from each location. sion(s) for which protection is being af- (d) Except as set forth in § 25.151(e), forded from interference in the author- transmissions may not be commenced ized receive frequency band(s) will be until all affected terrestrial licensees specified in the station authorization. have been notified and the earth station operator has confirmed that unac- § 25.276 Points of communication. ceptable interference will not be caused to such terrestrial stations. Unless otherwise specified in the sta- (e) Operations of temporary fixed tion authorization, an earth station earth stations shall cease immediately may transmit to any space station in upon notice of harmful interference the same radio service that is listed as from the Commission or the affected li- a point of communication in the earth censee. station license, provided that permis- (f) Filing requirements concerning sion has been received from the space applications for new temporary fixed station operator to access that space earth station facilities operating in station. frequency bands shared co-equally with [79 FR 8325, Feb. 12, 2014] terrestrial fixed stations.

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(1) When the initial location of the ellite service systems must operate in temporary fixed earth station’s oper- accordance with the conditions speci- ation is known, the applicant shall pro- fied in this section. vide, as part of the Form 312 applica- (1) Coordination requirements with fed- tion, a frequency coordination report eral government users. (i) In frequency in accordance with § 25.203 for the ini- bands allocated for use by the inter- tial station location. satellite service that are also author- (2) When the initial location of the ized for use by agencies of the federal temporary fixed earth station’s oper- government, the federal use of fre- ation is not known at the time the ap- quencies in the inter-satellite service plication is filed, the applicant shall frequency bands is under the regu- provide, as part of the Form 312 appli- latory jurisdiction of the National cation, a statement by the applicant Telecommunications and Information acknowledging its coordination respon- Administration (NTIA). sibilities under § 25.277. (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, with NTIA to achieve compatible oper- 2005; 70 FR 32257, June 2, 2005] ations between federal government users under the jurisdiction of NTIA § 25.278 Additional coordination obli- and inter-satellite service systems gation for non-geostationary and through frequency assignment and co- geostationary satellite systems in ordination practice established by frequencies allocated to the fixed- satellite service. NTIA and the Interdepartment Radio Advisory Committee (IRAC). In order Licensees of non-geostationary sat- to facilitate such frequency assign- ellite systems that use frequency bands ment and coordination, applicants allocated to the Fixed-Satellite Service shall provide the Commission with suf- for their feeder link operations shall ficient information to evaluate electro- coordinate their operations with li- magnetic compatibility with the fed- censees of geostationary Fixed-Sat- eral government users of the spectrum, ellite Service systems licensed by the and any additional information re- Commission for operation in the same quested by the Commission. As part of frequency bands. Licensees of geo- the coordination process, applicants stationary Fixed-Satellite Service sys- shall show that they will not cause in- tems in the frequency bands that are terference to authorized federal gov- licensed to non-geostationary satellite ernment users, based upon existing sys- systems for feeder link operations shall tem information provided by the gov- coordinate their operations with the li- ernment. 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

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not obligated to suggest changes or re- log identifier or a direct sequence engineer an applicant’s proposal in spread spectrum signal. cases involving conflicts. (1) Use of an analog identifier must be in accordance with the following re- [59 FR 53331, Oct. 21, 1994, as amended at 65 FR 59144, Oct. 4, 2000] quirements: (i) The ATIS signal must be a sepa- § 25.280 Inclined orbit operations. rate subcarrier that is automatically activated whenever any radio fre- (a) Satellite operators may com- quency signal is transmitted. mence operation in inclined orbit mode (ii) The ATIS message must continu- without obtaining prior Commission ously repeat. authorization provided that the Com- (iii) The ATIS subcarrier signal must mission is notified by letter within 30 be generated at a frequency of 7.1 MHz 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 June 1, 2016, transmissions station at the authorized longitude or- of fixed-frequency, digitally modulated bital location in the geostationary sat- video signals with a symbol rate of ellite arc with the appropriate east- 128,000/s or more from Satellite News west station-keeping tolerance. Gathering vehicles or other temporary- [69 FR 54587, Sept. 9, 2004] fixed earth stations must be identified through use of an ATIS in accordance § 25.281 Transmitter identification re- with the following requirements: 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 (2013–05), ‘‘Technical Specification, use of an Automatic Transmitter Iden- Digital Video Broadcasting (DVB); tification System (ATIS) with an ana- Framing structure, channel coding and

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modulation of a carrier identification an authorization, a space station au- system (DVB–CID) for satellite trans- thorized to operate in the geo- mission.’’ This document is incor- stationary satellite orbit under this porated by reference in accordance part shall be relocated, at the end of its with 5 U.S.C. 552(a) and 1 CFR part 51 useful life, barring catastrophic failure and approved by the Director of the of satellite components, to an orbit Federal Register. The ETSI document with a perigee with an altitude of no may be obtained from ETSI, 650 Route less than:

des Lucioles, 06921 Sophia Antipolis 36,021 km + (1000·CR·A/m) Cedex, France and by email to where CR is the solar radiation pressure [email protected] and a copy can be coefficient of the spacecraft, and A/ downloaded from http://www.etsi.org. m is the Area to mass ratio, in You may inspect a copy at the Federal square meters per kilogram, of the Communications Commission, 445 12th spacecraft. Street SW., Washington, DC 20554, or at the National Archives and Records Ad- (b) A space station authorized to op- ministration (NARA). For information erate in the geostationary satellite on the availability of this material at orbit under this part may operate NARA, call 202–741–6030 or go to: http:// using its authorized tracking, telem- www.archives.gov/federallregister/ etry and control frequencies, and out- codeloflfederallregulations/ side of its assigned orbital location, for ibrllocations.html. the purpose of removing the satellite (2) The ATIS message must continu- from the geostationary satellite orbit ously repeat. at the end of its useful life, provided (c) ATIS equipment must be inte- that the conditions of paragraph (a) of grated into the uplink transmitter this section are met, and on the condi- chain with a method that cannot easily tion that the space station’s tracking, be defeated. telemetry and control transmissions are planned so as to avoid electrical in- [79 FR 8325, Feb. 12, 2014] terference to other space stations, and coordinated with any potentially af- § 25.282 Orbit raising maneuvers. fected satellite networks. A space station authorized to operate (c) All space stations. Upon completion in the geostationary satellite orbit of any relocation authorized by para- under this part is also authorized to graph (b) of this section, or any reloca- transmit in connection with short- tion at end-of-life specified in an au- term, transitory maneuvers directly thorization, or upon a spacecraft other- related to post-launch, orbit-raising wise completing its authorized mission, maneuvers, provided that the following a space station licensee shall ensure, conditions are met: unless prevented by technical failures (a) Authority is limited to those beyond its control, that all stored en- tracking, telemetry, and control fre- ergy sources on board the satellite are quencies in which the space station is discharged, by venting excess propel- authorized to operate once it reaches lant, discharging batteries, relieving its assigned geostationary orbital loca- pressure vessels, and other appropriate tion; measures. (b) In the event that any unaccept- (d) The minimum perigee require- able interference does occur, the space ment of paragraph (a) of this section station licensee shall cease operations shall not apply to space stations until the issue is rectified; launched prior to March 18, 2002. (c) The space station licensee is required to accept interference from any [69 FR 54588, Sept. 9, 2004, as amended at 78 lawfully operating satellite network or FR 8431, Feb. 6, 2013] radio communication system. § 25.284 Emergency Call Center Serv- [69 FR 54587, Sept. 9, 2004] ice. (a) Providers of Mobile-Satellite § 25.283 End-of-life disposal. Service to end-user customers (part 25, (a) Geostationary orbit space stations. subparts A–D) must provide Emergency Unless otherwise explicitly specified in Call Center service to the extent that

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they offer real-time, two way switched § 25.285 Operation of MSS and ATC voice service that is interconnected transmitters or transceivers on with the public switched network and board civil aircraft. utilize an in-network switching facility (a) Operation of any of the following which enables the provider to reuse fre- devices aboard civil aircraft is prohib- quencies and/or accomplish seamless ited, unless the device is installed in a hand-offs of subscriber calls. Emer- manner approved by the Federal Avia- gency Call Center personnel must de- tion Administration or is used by the termine the emergency caller’s phone pilot or with the pilot’s consent: number and location and then transfer (1) Earth stations capable of trans- or otherwise redirect the call to an ap- mitting in the 1.5/1.6 GHz, 1.6/2.4 GHz, propriate public safety answering or 2 GHz Mobile-Satellite Service fre- point. Providers of Mobile-Satellite quency bands; Services that utilize earth terminals (2) ATC terminals capable of trans- that are not capable of use while in mitting in the 1.5/1.6 GHz or 1.6/2.4 GHz motion are exempt from providing MSS bands; Emergency Call Center service for such (3) Earth stations used for non-voice, terminals. non-geostationary Mobile-Satellite (b) Beginning February 11, 2005, each Service communication that can emit Mobile-Satellite Service carrier that is radiation in the 108–137 MHz band. subject to the provisions of paragraph (b) No portable device of any type (a) of this section must maintain identified in paragraph (a) of this sec- records of all 911 calls received at its tion (including transmitter or trans- emergency call center. Beginning Octo- ceiver units installed in other devices ber 15, 2005, and on each following Oc- that are themselves portable) may be tober 15, Mobile-Satellite Service car- sold or distributed to users unless it riers providing service in the 1.6/2.4 conspicuously bears the following GHz and 2 GHz bands must submit a re- warning: ‘‘This device must be turned port to the Commission regarding their off at all times while on board air- call center data, current as of Sep- craft.’’ For purposes of this section, a tember 30 of that year. Beginning June device is portable if it is a ‘‘portable 30, 2006, and on each following June 30, device’’ as defined in § 2.1093(b) of this Mobile-Satellite Service carriers pro- chapter or is designed to be carried by viding service in bands other than 1.6/ hand. 2.4 GHz and 2 GHz must submit a report to the Commission regarding their call [79 FR 8325, Feb. 12, 2014] center data, current as of May 31 of EFFECTIVE DATE NOTE: At 79 FR 44140, July that year. These reports must include, 30, 2014, in § 25.285, paragraph (a)(2) was cor- at a minimum, the following: rected. This text contains information col- (1) The name and address of the car- lection and recordkeeping requirements and rier, the address of the carrier’s emer- will not become effective until approval has gency call center, and emergency call been given by the Office of Management and Budget. center contact information; (2) The aggregate number of calls re- § 25.286 Antenna painting and light- ceived by the call center each month ing. during the relevant reporting period; The owner of an earth station an- (3) An indication of how many calls tenna structure must comply with all received by the call center each month applicable painting, marking, and/or during the relevant reporting period re- lighting requirements in part 17 of this quired forwarding to a public safety an- chapter. In the event of default by the swering point and how many did not owner, the station licensee will be re- require forwarding to a public safety sponsible for ensuring that such re- answering point. quirements are met. [69 FR 6582, Feb. 11, 2004, as amended at 69 [79 FR 8326, Feb. 12, 2014] FR 54042, Sept. 7, 2004; 78 FR 8431, Feb. 6, 2013]

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§ 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: (2) The LES must recognize the pri- (i) Recognizing message and call priority of calls to and from MESs and ority identification when transmitted make channel assignments taking into from its associated Land Earth Station account the priority access that is (LES), or given to maritime distress and safety (ii) Accepting message and call pri- communications. ority identification embedded in the (3) The LES must be capable of re- message or call when transmitted from ceiving the MES identification number its associated LES and passing the when transmitted and verifying that it identification to shipboard data mes- is an authorized user of the system to sage processing equipment. prohibit unauthorized access. (3) Each MES must be assigned a 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. channel or signaling within the com- (6) The LES must transmit periodic munications channel must monitor the control signals to MESs that do not signaling channel at the end of each continuously monitor the LES sig- transmission. naling channel. (6) Each MES must automatically in- (7) The LES must automatically in- hibit its transmissions if it is not cor- hibit transmissions to an MES to rectly receiving separate signaling which it is not transmitting in a sig- channel or signaling within the com- naling channel or signaling within the munications channel from its associ- communications channel. ated LES. (8) The LES must be capable of trans- (7) Each MES must automatically in- mitting channel-shut-off commands to hibit its transmissions on any or all MESs on signaling or communications channels upon receiving a channel- channels. shut-off command on a signaling or (9) Each LES must be capable of in- communications channel it is receiving terrupting, and if necessary, pre- from its associated LES. empting ongoing routine traffic from

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an MES in order to complete a mari- § 25.402 [Reserved] time distress, urgency or safety call to that MES. § 25.403 Bidding application and cer- (10) Each LES must be capable of tification procedures. automatically turning off one or more Submission of Supplemental Applica- of its associated channels in order to tion Information. In order to be eligi- complete a maritime distress, urgency ble to bid, each pending applicant must or safety call. timely submit certain supplemental in- (c) No person without an FCC license formation. All supplemental informa- for such operation may transmit to a tion shall be filed by the applicant five space station in the NVNG, 1.5/1.6 GHz, days after publication of these rules in 1.6/2.4 GHz, or 2 GHz Mobile-Satellite the FEDERAL REGISTER. The supple- Service from anywhere in the United mental information must be certified States except to receive service from and include the following: the holder of a pertinent FCC blanket (a) Applicant’s name; license or from another party with the (b) Mailing Address (no Post Office permission of such a blanket licensee. boxes); (d) The holder of an FCC blanket li- (c) City; cense for operation of mobile transmit- (d) State; ters or transceivers for communication (e) ZIP Code; via an NVNG, 1.6/2.4 GHz, 1.5/1.6 GHz, or (f) Auction Number 15; 2 GHz Mobile Satellite Service system (g) FCC Account Number; will be responsible for operation of any (h) Person(s) authorized to make or such device to receive service provided withdraw a bid (list up to three individ- by that licensee or provided by another uals); party with the blanket licensee’s consent. Operators of such satellite sys- (i) Certifications and name and title tems must not transmit communica- of person certifying the information tions to or from such devices in the provided; United States unless such communica- (j) Applicant’s contact person and tions are authorized under a service such person’s telephone number, E- contract with the holder of a pertinent mail address and FAX number; and FCC blanket earth station license or (k) Signature and date. under a service contract with another party with authority for such oper- § 25.404 Submission of down payment and filing of long-form applications. ation delegated by such a blanket licensee. A high bidder that meets its down payment obligations in a timely man- [79 FR 8326, Feb. 12, 2014] ner must, within thirty (30) business days after being notified that it is a Subpart E [Reserved] high bidder, submit an amendment to its pending application to provide the Subpart F—Competitive Bidding information required by § 25.144. Procedures for DARS [67 FR 45373, July 9, 2002]

SOURCE: 62 FR 11106, Mar. 11, 1997, unless §§ 25.405–25.406 [Reserved] otherwise noted. Subparts G–H [Reserved] § 25.401 Satellite DARS applications subject to competitive bidding. Subpart I—Equal Employment Mutually exclusive initial applica- Opportunities tions for DARS service licenses are subject to competitive bidding. The § 25.601 Equal employment opportuni- general competitive bidding procedures ties. set forth in part 1, subpart Q of this Notwithstanding other EEO provi- chapter will apply unless otherwise sions within these rules, an entity that provided in this part. uses an owned or leased Fixed-Satellite [67 FR 45373, July 9, 2002] Service or Direct Broadcast Satellite

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Service or 17/24 GHz Broadcasting-Sat- (4) Entities licensed to operate satellite Service facility (operating under ellites in the 17/24 GHz BSS that offer this part) to provide video program- video programming directly to con- ming directly to the public on a sub- sumers or that sell or lease capacity to scription basis must comply with the a video programming distributor that equal employment opportunity re- offers service directly to consumers quirements set forth in part 76, subpart providing a sufficient number of chan- E, of this chapter, if such entity exer- nels so that four percent of the total cises control (as defined in part 76, sub- applicable programming channels part E, of this chapter) over the video yields a set aside of at least one chan- programming it distributes. Notwith- nel of noncommercial programming standing other EEO provisions within pursuant to paragraph (e) of this sec- these rules, a licensee or permittee of a tion, or direct broadcast satellite station oper- (5) Non U.S. licensed satellite opera- ating as a broadcaster must comply tors in the 17/24 GHz BSS that offer with the equal employment oppor- video programming directly to con- tunity requirements set forth in part sumers in the United States or that 73. sell or lease capacity to a video programming distributor that offers serv- [72 FR 50033, Aug. 29, 2007, as amended at 78 ice directly to consumers in the United FR 8431, Feb. 6, 2013] States pursuant to an earth station license issued under part 25 of this title Subpart J—Public Interest and that offer a sufficient number of Obligations channels to consumers so that four percent of the total applicable program- § 25.701 Public interest obligations. ming channels yields a set aside of one (a) DBS providers are subject to the channel of noncommercial program- public interest obligations set forth in ming pursuant to paragraph (e) of this paragraphs (b), (c), (d), (e) and (f) of section. (b) Political broadcasting require- this section. As used in this section, ments— DBS providers are any of the following: (1) Legally qualified candidates for (1) Entities licensed to operate sat- public office for purposes of this sec- ellites in the 12.2 to 12.7 GHz DBS fre- tion are as defined in § 73.1940 of this quency bands; or chapter. (2) Entities licensed to operate sat- (2) DBS origination programming is ellites in the Ku band Fixed-Satellite defined as programming (exclusive of Service and that sell or lease capacity broadcast signals) carried on a DBS fa- to a video programming distributor cility over one or more channels and 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 for use by federal candidates on the that four percent of the total applica- weekend before the election if the DBS ble programming channels yields a set provider has provided similar access to aside of one channel of noncommercial commercial advertisers during the year programming pursuant to paragraph preceding the relevant election period. (e) of this section, or DBS providers shall not discriminate

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between candidates with regard to compliance to the Commission shall weekend access. have the burden of proving that he or (4) Use of facilities; equal opportunities. she and his or her opponent are legally DBS providers must comply with sec- qualified candidates for the same pub- tion 315 of the Communications Act of lic office. 1934, as amended, by providing equal (v) Discrimination between candidates. opportunities to legally qualified can- In making time available to candidates didates for DBS origination program- for public office, no DBS provider shall ming. make any discrimination between can- (i) General requirements. Except as didates in practices, regulations, facili- otherwise indicated in § 25.701(b)(3), no ties, or services for or in connection DBS provider is required to permit the with the service rendered pursuant to use of its facilities by any legally this part, or make or give any pref- qualified candidate for public office, erence to any candidate for public of- but if a DBS provider shall permit any fice or subject any such candidate to such candidate to use its facilities, it any prejudice or disadvantage; nor shall afford equal opportunities to all shall any DBS provider make any con- other candidates for that office to use tract or other agreement that shall such facilities. Such DBS provider have the effect of permitting any le- shall have no power of censorship over gally qualified candidate for any public the material broadcast by any such office to use DBS origination program- candidate. Appearance by a legally ming to the exclusion of other legally qualified candidate on any: qualified candidates for the same pub- (A) Bona fide newscast; lic office. (B) Bona fide news interview; (c) Candidate rates—(1) Charges for use (C) Bona fide news documentary (if of DBS facilities. The charges, if any, the appearance of the candidate is inci- made for the use of any DBS facility by dental to the presentation of the sub- any person who is a legally qualified ject or subjects covered by the news candidate for any public office in con- documentary); or nection with his or her campaign for (D) On the spot coverage of bona fide nomination for election, or election, to news events (including, but not limited such office shall not exceed: to political conventions and activities (i) During the 45 days preceding the incidental thereto) shall not be deemed date of a primary or primary runoff to be use of a DBS provider’s facility. election and during the 60 days pre- (Section 315(a) of the Communications ceding the date of a general or special Act.) election in which such person is a can- (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,

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immediately preemptible and run of the extent that such increases con- schedule as distinct classes of time. stitute ‘‘ordinary business practices,’’ (C) DBS providers may establish and such as seasonal program changes or define their own reasonable classes of changes in audience ratings. immediately preemptible time so long (I) DBS providers shall review their as the differences between such classes advertising records periodically are based on one or more demonstrable throughout the election period to de- benefits associated with each class and termine whether compliance with this are not based solely upon price or iden- section requires that candidates re- tity of the advertiser. Such demon- ceive rebates or credits. Where nec- strable benefits include, but are not essary, DBS providers shall issue such limited to, varying levels of preemp- rebates or credits promptly. tion protection, scheduling flexibility, (J) Unit rates charged as part of any or associated privileges, such as guar- package, whether individually nego- anteed time sensitive make goods. DBS tiated or generally available to all ad- providers may not use class distinc- vertisers, must be included in the low- tions to defeat the purpose of the lowest unit charge calculation for the est unit charge requirement. All class- same class and length of time in the es must be fully disclosed and made same time period. A candidate cannot available to candidates. be required to purchase advertising in (D) DBS providers may establish rea- every program or daypart in a package sonable classes of preemptible with no- as a condition for obtaining package tice time so long as they clearly define unit rates. all such classes, fully disclose them (K) DBS providers are not required to and make them available to can- include non cash promotional merchan- didates. dising incentives in lowest unit charge (E) DBS providers may treat non calculations; provided, however, that preemptible and fixed position as dis- all such incentives must be offered to tinct classes of time provided that they candidates as part of any purchases articulate clearly the differences be- permitted by the system. Bonus spots, tween such classes, fully disclose them, however, must be included in the cal- and make them available to can- culation of the lowest unit charge cal- didates. culation. (F) DBS providers shall not establish (L) Make goods, defined as the re- a separate, premium priced class of scheduling of preempted advertising, time sold only to candidates. DBS pro- shall be provided to candidates prior to viders may sell higher priced non election day if a DBS provider has pro- 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

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the facility by commercial advertisers. stipulation that candidates will be able The rates, if any, charged all such can- to purchase this kind of time, if avail- didates for the same office shall be uni- able to commercial advertisers. form and shall not be rebated by any (3) Once disclosure is made, DBS pro- means, direct or indirect. A candidate viders shall negotiate in good faith to shall be charged no more than the rate actually sell time to candidates in ac- the DBS provider would charge for cordance with the disclosure. comparable commercial advertising. (d) Political file. Each DBS provider All discount privileges otherwise of- shall keep and permit public inspection fered by a DBS provider to commercial of a complete and orderly political file advertisers must be disclosed and made and shall prominently disclose the available upon equal terms to all can- physical location of the file, and the didates for public office. telephonic and electronic means to ac- (2) If a DBS provider permits a can- cess the file. didate to use its facilities, it shall (1) The political file shall contain, at make all discount privileges offered to a minimum: commercial advertisers, including the (i) A record of all requests for DBS lowest unit charges for each class and origination time, the disposition of length of time in the same time period those requests, and the charges made, and all corresponding discount privi- if any, if the request is granted. The leges, available on equal terms to all ‘‘disposition’’ includes the schedule of candidates. This duty includes an af- time purchased, when spots actually firmative duty to disclose to candidates information about rates, terms, aired, the rates charged, and the class- conditions and all value enhancing dis- es of time purchased; and count privileges offered to commercial (ii) A record of the free time provided advertisers, as provided herein. DBS if free time is provided for use by or on providers may use reasonable discre- behalf of candidates. tion in making the disclosure; pro- (2) DBS providers shall place all vided, however, that the disclosure in- records required by this section in a cludes, at a minimum, the following in- file available to the public as soon as formation: possible and shall be retained for a pe- (i) A description and definition of riod of four years until December 31, each class of time available to com- 2006, and thereafter for a period of two mercial advertisers sufficiently com- years. plete enough to allow candidates to (3) DBS providers shall make avail- identify and understand what specific able, by fax, e-mail, or by mail upon attributes differentiate each class; telephone request, photocopies of docu- (ii) A description of the lowest unit ments in their political files and shall charge and related privileges (such as assist callers by answering questions priorities against preemption and about the contents of their political make goods prior to specific deadlines) files. Provided, however, that if a re- for each class of time offered to com- quester prefers access by mail, the DBS mercial advertisers; provider shall pay for postage but may (iii) A description of the DBS pro- require individuals requesting docu- vider’s method of selling preemptible ments to pay for photocopying. To the time based upon advertiser demand, extent that a DBS provider places its commonly known as the ‘‘current sell- political file on its Web site, it may ing level,’’ with the stipulation that refer the public to the Web site in lieu candidates will be able to purchase at of mailing photocopies. Any material these demand generated rates in the required by this section to be main- same manner as commercial adver- tained in the political file must be tisers; made available to the public by either (iv) An approximation of the likeli- mailing or Web site access or both. hood of preemption for each kind of (e) Commercial limits in children’s pro- preemptible time; and grams. (1) No DBS provider shall air (v) An explanation of the DBS pro- more than 10.5 minutes of commercial vider’s sales practices, if any, that are matter per hour during children’s pro- based on audience delivery, with the gramming on weekends, or more that

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12 minutes of commercial matter per licly supported educational institution hour on week days. must be accredited by the appropriate (2) This rule shall not apply to pro- state department of education; a pri- grams aired on a broadcast television vately controlled educational institu- channel which the DBS provider pas- tion must be accredited by the appro- sively carries, or to channels over priate state department of education or which the DBS provider may not exer- the recognized regional and national cise editorial control, pursuant to 47 accrediting organizations), or U.S.C. 335(b)(3). (iv) A nonprofit organization whose (3) DBS providers airing children’s purposes are educational and include programming must maintain records providing educational and instruc- sufficient to verify compliance with tional television material to such ac- this rule and make such records avail- credited institutions and governmental able to the public. Such records must organizations. be maintained for a period sufficient to (v) Other noncommercial entities cover the limitations period specified with an educational mission. in 47 U.S.C. 503(b)(6)(B). (3) Editorial control. (i) A DBS operator will be required to make capacity NOTE 1 TO PARAGRAPH (e): Commercial matter means airtime sold for purposes of selling a available only to qualified program- product or service. mers and may select among such pro- NOTE 2 TO PARAGRAPH (e): For purposes of grammers when demand exceeds the this section, children’s programming refers capacity of their reserved channels. to programs originally produced and broad- (ii) A DBS operator may not require cast primarily for an audience of children 12 the programmers it selects to include years old and younger. particular programming on its chan- (f) Carriage obligation for non- nels. commercial programming— (iii) A DBS operator may not alter or (1) Reservation requirement. DBS pro- censor the content of the programming viders shall reserve four percent of provided by the qualified programmer their channel capacity exclusively for using the channels reserved pursuant use by qualified programmers for non- to this section. commercial programming of an edu- (4) Non-commercial channel limita- cational or informational nature. tion. A DBS operator cannot initially Channel capacity shall be determined select a qualified programmer to fill annually by calculating, based on more than one of its reserved channels measurements taken on a quarterly except that, after all qualified entities basis, the average number of channels that have sought access have been of- available for video programming on all fered access on at least one channel, a satellites licensed to the provider dur- provider may allocate additional chan- ing the previous year. DBS providers nels to qualified programmers without may use this reserved capacity for any having to make additional efforts to purpose until such time as it is used for secure other qualified programmers. noncommercial educational or infor- (5) Rates, terms and conditions. (i) In mational programming. making the required reserved capacity (2) Qualified programmer. For purposes available, DBS providers cannot charge of these rules, a qualified programmer rates that exceed costs that are di- is: rectly related to making the capacity (i) A noncommercial educational available to qualified programmers. Di- broadcast station as defined in section rect costs include only the cost of 397(6) of the Communications Act of transmitting the signal to the uplink 1934, as amended, facility and uplinking the signal to the (ii) A public telecommunications en- satellite. tity as defined in section 397(12) of the (ii) Rates for capacity reserved under Communications Act of 1934, as amend- paragraph (a) of this section shall not ed, exceed 50 percent of the direct costs as (iii) An accredited nonprofit edu- defined in this section. cational institution or a governmental (iii) Nothing in this section shall be organization engaged in the formal construed to prohibit DBS providers education of enrolled students (A pub- from negotiating rates with qualified

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programmers that are less than 50 per- Subpart B—Applications and Licenses cent of direct costs or from paying qualified programmers for the use of 27.10 Regulatory status. 27.11 Initial authorization. their programming. 27.12 Eligibility. (iv) DBS providers shall reserve dis- 27.13 License period. crete channels and offer these to quali- 27.14 Construction requirements; Criteria fying programmers at consistent times for renewal. to fulfill the reservation requirement 27.15 Geographic partitioning and spectrum described in these rules. disaggregation. (6) Public file. (i) In addition to the 27.16 Network access requirements for political file requirements in § 25.701(d), Block C in the 746–757 and 776–787 MHz each DBS provider shall keep and per- bands. mit public inspection of a complete and 27.17 Discontinuance of service in the 600 MHz band and the 1695–1710 MHz, 1755– orderly record of: 1780 MHz, 1915–1920 MHz, 1995–2000 MHz, (A) Quarterly measurements of chan- 2000–2020 MHz, 2155–2180 MHz, and 2180– nel capacity and yearly average cal- 2200 MHz bands. culations on which it bases its four per- 27.19 Requirements for operation of base cent reservation, as well as its response and fixed stations in the 600 MHz to any capacity changes; downlink band in close proximity to (B) A record of entities to whom non- Radio Astronomy Observatories. commercial capacity is being provided, 27.20 Digital television transition education the amount of capacity being provided reports. to each entity, the conditions under Subpart C—Technical Standards which it is being provided and the rates, if any, being paid by the entity; 27.50 Power limits and duty cycle. (C) A record of entities that have re- 27.51 Equipment authorization. quested capacity, disposition of those 27.52 RF safety. requests and reasons for the disposi- 27.53 Emission limits. tion. 27.54 Frequency stability. 27.55 Power strength limits. (ii) All records required by this para- 27.56 Antenna structures; air navigation graph shall be placed in a file available safety. to the public as soon as possible and 27.57 International coordination. shall be retained for a period of two 27.58 Interference to BRS/EBS receivers. years. 27.59 [Reserved] (7) Effective date. DBS providers are 27.60 TV/DTV interference protection cri- required to make channel capacity teria. available pursuant to this section upon 27.61–27.62 [Reserved] the effective date. Programming pro- 27.64 Protection from interference. vided pursuant to this rule must be 27.65 Acceptance of interference in 2000–2020 MHz. available to the public no later than 27.66 Discontinuance, reduction, or impair- six months after the effective date. ment of service. [69 FR 23157, Apr. 28, 2004, as amended at 72 27.70 Information exchange. FR 50033, Aug. 29, 2007; 78 FR 8431, Feb. 6, 27.72 Information sharing requirements. 2013] 27.73 WCS, AMT, and Goldstone coordination requirements. 27.75 Basic interoperability requirement. PART 27—MISCELLANEOUS WIRE- 27.77 Restriction on mobile and portable LESS COMMUNICATIONS SERV- equipment in the 1695–1710 MHz and 1755– ICES 1780 MHz bands.

Subpart A—General Information Subpart D—Competitive Bidding Proce- dures for the 2305–2320 MHz and Sec. 2345–2360 MHz Bands 27.1 Basis and purpose. 27.2 Permissible communications. 27.201 WCS in the 2305–2320 MHz and 2345– 27.3 Other applicable rule parts. 2360 MHz bands subject to competitive 27.4 Terms and definitions. bidding. 27.5 Frequencies. 27.202–27.208 [Reserved] 27.6 Service areas. 27.209 Designated entities; bidding credits; 27.9 Operation of certificated signal boost- unjust enrichment. ers. 27.210 Definitions.

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