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e-CFR Data is current as of October 1, 2007
Title 47: Telecommunication
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PART 25—SATELLITE COMMUNICATIONS
___________________________________
Section Contents
Subpart A—General
§ 25.101 Basis and scope.
§ 25.102 Station authorization required.
§ 25.103 Definitions.
§ 25.104 Preemption of local zoning of earth stations.
§§ 25.105-25.108 [Reserved]
§ 25.109 Cross-reference.
Subpart B—Applications and Licenses
General Application Filing Requirements
§ 25.110 Filing of applications, fees, and number of copies.
§ 25.111 Additional information.
§ 25.112 Defective applications.
§ 25.113 Station licenses and launch authority.
§ 25.114 Applications for space station authorizations.
§ 25.115 Application for earth station authorizations.
§ 25.116 Amendments to applications.
§ 25.117 Modification of station license.
§ 25.118 Modifications not requiring prior authorization.
§ 25.119 Assignment or transfer of control of station authorization.
§ 25.120 Application for special temporary authorization.
§ 25.121 License term and renewals.
§ 25.129 Equipment authorization for portable earth-station transceivers.
Earth Stations
§ 25.130 Filing requirements for transmitting earth stations.
§ 25.131 Filing requirements for receive-only earth stations.
§ 25.132 Verification of earth station antenna performance standards.
§ 25.133 Period of construction; certification of commencement of
operation.
§ 25.134 Licensing provisions of Very Small Aperture Terminal (VSAT) and
C-band Small Aperture Terminal (CSAT) networks.
§ 25.135 Licensing provisions for earth station networks in the non-voice,
non-geostationary mobile-satellite service.
§ 25.136 Licensing provisions for user transceivers in the 1.6/2.4 GHz,
1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.
§ 25.137 Application requirements for earth stations operating with
non-U.S. licensed space stations.
§ 25.138 Blanket Licensing provisions of GSO FSS Earth Stations in the
18.3–18.8 GHz (space-to-Earth), 19.7–20.2 GHz (space-to-Earth), 28.35–28.6
GHz (Earth-to-space), and 29.25–30.0 GHz (Earth-to-space) bands.
§ 25.139 NGSO FSS coordination and information sharing between MVDDS
licensees in the 12.2 GHz to 12.7 GHz band.
Space Stations
§ 25.140 Qualifications of fixed-satellite space station licensees.
§ 25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
§ 25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service
and 2 GHz mobile-satellite service.
§ 25.144 Licensing provisions for the 2.3 GHz satellite digital audio
radio service.
§ 25.145 Licensing conditions for the Fixed-Satellite Service in the 20/30
GHz bands.
§ 25.146 Licensing and operating authorization provisions for the
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in the
bands 10.7 GHz to 14.5 GHz.
§ 25.147 Licensing provision for NGSO MSS feeder downlinks in the band
6700–6875 MHz.
§ 25.148 Licensing provisions for the Direct Broadcast Satellite Service.
§ 25.149 Application requirements for ancillary terrestrial components in
the mobile-satellite service networks operating in the 1.5./1.6 GHz, 1.6/2.4
GHz and 2 GHz mobile-satellite service.
Processing of Applications
§ 25.150 Receipt of applications.
§ 25.151 Public notice period.
§ 25.152 Dismissal and return of applications.
§ 25.153 Repetitious applications.
§ 25.154 Opposition to applications and other pleadings.
§ 25.155 Mutually exclusive applications.
§ 25.156 Consideration of applications.
§ 25.157 Consideration of NGSO-like satellite applications.
§ 25.158 Consideration of GSO-like satellite applications.
§ 25.159 Limits on pending applications and unbuilt satellite systems.
Forfeiture, Termination, and Reinstatement of Station Authorization
§ 25.160 Administrative sanctions.
§ 25.161 Automatic termination of station authorization.
§ 25.162 Cause for termination of interference protection.
§ 25.163 Reinstatement.
§ 25.164 Milestones.
§ 25.165 Posting of bonds.
Subpart C—Technical Standards
§ 25.201 Definitions.
§ 25.202 Frequencies, frequency tolerance and emission limitations.
§ 25.203 Choice of sites and frequencies.
§ 25.204 Power limits.
§ 25.205 Minimum angle of antenna elevation.
§ 25.206 Station identification.
§ 25.207 Cessation of emissions.
§ 25.208 Power flux density limits.
§ 25.209 Antenna performance standards.
§ 25.210 Technical requirements for space stations in the Fixed-Satellite
Service.
§ 25.211 Analog video transmissions in the Fixed-Satellite Services.
§ 25.212 Narrowband analog transmissions, digital transmissions, and video
transmissions in the GSO Fixed-Satellite Service.
§ 25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz
mobile-satellite service.
§ 25.214 Technical requirements for space stations in the satellite
digital audio radio service.
§ 25.215 Technical requirements for space stations in the Direct Broadcast
Satellite Service.
§ 25.216 Limits on emissions from mobile earth stations for protection of
aeronautical radionavigation-satellite service.
§ 25.217 Default service rules.
§§ 25.218-25.219 [Reserved]
§ 25.220 Non-conforming transmit/receive earth station operations.
§ 25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESVs)
receiving in the 3700–4200 MHz (space-to-Earth) frequency band and
transmitting in the 5925–6425 MHz (Earth-to-space) frequency band, operating
with Geostationary Satellites in the Fixed-Satellite Service.
§ 25.222 Blanket Licensing provisions for Earth Stations on Vessels (ESVs)
receiving in the 10.95–11.2 GHz (space-to-Earth), 11.45–11.7 GHz
(space-to-Earth), 11.7–12.2 GHz (space-to-Earth) frequency bands and
transmitting in the 14.0–14.5 GHz (Earth-to-space) frequency band, operating
with Geostationary Satellites in the Fixed-Satellite Service.
§ 25.223 Off-axis EIRP spectral density limits for feeder link earth
stations in the 17/24 GHz BSS.
§ 25.224 Protection of receive-only earth stations in the 17/24 GHz BSS.
§ 25.225 Geographic Service Requirements for 17/24 GHz Broadcasting
Satellite Service.
§§ 25.226-25.249 [Reserved]
§ 25.250 Sharing between NGSO MSS Feeder links Earth Stations in the
19.3–19.7 GHz and 29.1–29.5 GHz Bands.
§ 25.251 Special requirements for coordination.
§ 25.252 Special requirements for ancillary terrestrial components
operating in the 2000–2020 MHz/2180–2200 MHz bands.
§ 25.253 Special requirements for ancillary terrestrial components
operating in the 1626.5–1660.5 MHz/1525–1559 MHz bands.
§ 25.254 Special requirements for ancillary terrestrial components
operating in the 1610–1626.5 MHz/2483.5–2500 MHz bands.
§ 25.255 Procedures for resolving harmful interference related to
operation of ancillary terrestrial components operating in the 1.5./1.6 GHz,
1.6/2.4 GHz and 2 GHz bands.
§ 25.256 Special Requirements for operations in the 3.65–3.7 GHz band.
§ 25.257 Special requirements for operations in the band 29.1–29.25 GHz
between NGSO MSS and LMDS.
§ 25.258 Sharing between NGSO MSS Feeder links Stations and GSO FSS
services in the 29.25–29.5 GHz Bands.
§ 25.259 Time sharing between NOAA meteorological satellite systems and
non-voice, non-geostationary satellite systems in the 137–138 MHz band.
§ 25.260 Time sharing between DoD meteorological satellite systems and
non-voice, non-geostationary satellite systems in the 400.15–401 MHz band.
§ 25.261 Procedures for avoidance of in-line interference events for Non
Geostationary Satellite Orbit (NGSO) Satellite Network Operations in the
Fixed Satellite Service (FSS) Bands.
§ 25.262 Space station coordination requirements in the 17/24 GHz BSS.
Subpart D—Technical Operations
§ 25.271 Control of transmitting stations.
§ 25.272 General inter-system coordination procedures.
§ 25.273 Duties regarding space communications transmissions.
§ 25.274 Procedures to be followed in the event of harmful interference.
§ 25.275 Particulars of operation.
§ 25.276 Points of communication.
§ 25.277 Temporary fixed earth station operations.
§ 25.278 Additional coordination obligation for non-geostationary and
geostationary satellite systems in frequencies allocated to the
fixed-satellite service.
§ 25.279 Inter-satellite service.
§ 25.280 Inclined orbit operations.
§ 25.281 Automatic Transmitter Identification System (ATIS).
§ 25.282 Orbit raising maneuvers.
§ 25.283 End-of-life disposal.
§ 25.284 Emergency Call Center Service.
Subpart E [Reserved]
Subpart F—Competitive Bidding Procedures for DARS
§ 25.401 Satellite DARS applications subject to competitive bidding.
§ 25.402 [Reserved]
§ 25.403 Bidding application and certification procedures.
§ 25.404 Submission of down payment and filing of long-form applications.
§§ 25.405-25.406 [Reserved]
Subparts G–H [Reserved]
Subpart I—Equal Employment Opportunities
§ 25.601 Equal employment opportunities.
Subpart J—Public Interest Obligations
§ 25.701 Public interest obligations.
___________________________________
Authority: 47 U.S.C. 701–744. Interprets or applies Sections 4, 301, 302,
303, 307, 309 and 332 of the Communications Act, as amended, 47 U.S.C.
Sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise noted.
Subpart A—General
top
§ 25.101 Basis and scope.
top
(a) The rules and regulations in this part are issued pursuant to the
authority contained in section 201(c)(11) of the Communications Satellite
Act of 1962, as amended, section 501(c)(6) of the International Maritime
Satellite Telecommunications Act, and titles I through III of the
Communications Act of 1934, as amended.
(b) The rules and regulations in this part supplement, and are in addition
to the rules and regulations contained in or to be added to, other parts of
this chapter currently in force, or which may subsequently be promulgated,
and which are applicable to matters relating to communications by
satellites.
[ 28 FR 13037 , Dec. 5, 1963, as amended at 56 FR 24015 , May 28, 1991]
§ 25.102 Station authorization required.
top
(a) No person shall use or operate apparatus for the transmission of energy
or communications or signals by space or earth stations except under, and in
accordance with, an appropriate authorization granted by the Federal
Communications Commission.
(b) Protection from impermissible levels of interference to the reception of
signals by earth stations in the Fixed-Satellite Service from terrestrial
stations in a co-equally shared band is provided through the authorizations
granted under this part.
[ 56 FR 24016 , May 28, 1991]
§ 25.103 Definitions.
top
(a) Communications common carrier . The term “communications common
carrier” as used in this part means any person (individual, partnership,
association, joint-stock company, trust, corporation, or other entity)
engaged as a common carrier for hire, in interstate or foreign communication
by wire or radio or in interstate or foreign radio transmission of energy,
including such carriers as are described in subsection 2(b) (2) and (3) of
the Communications Act of 1934, as amended, and, in addition, for purposes
of subpart H of this part, includes any individual, partnership,
association, joint-stock company, trust, corporation, or other entity which
owns or controls, directly or indirectly, or is under direct or indirect
common control with, any such carrier.
(b) Authorized carrier. The term “authorized carrier” means a communications
common carrier which is authorized by the Federal Communications Commission
under the Communications Act of 1934, as amended, to provide services by
means of communications satellites.
(c) Communications satellite corporation. (1) The terms “communications
satellite corporation” or “corporation” as used in this part mean the
corporation created pursuant to the provisions of Title III of the
Communications Satellite Act of 1962.
(2) The corporation shall be deemed to be a common carrier within the
meaning of section 3(10) of the Communications Act of 1934, as amended.
(d) Communication-satellite earth station complex. The term
communication-satellite earth station complex includes transmitters,
receivers, and communications antennas at the earth station site together
with the interconnecting terrestrial facilities (cables, lines, or microwave
facilities) and modulating and demodulating equipment necessary for
processing of traffic received from the terrestrial distribution system(s)
prior to transmission via satellite and of traffic received from the
satellite prior to transfer of channels of communication to terrestrial
distribution system(s).
(e) Communication-satellite earth station complex functions. The
communication-satellite earth station complex interconnects with terminal
equipment of common carriers or authorized entities at the interface;
accepts traffic from such entities at the interface, processes for
transmission via satellite and performs the transmission function; receives
traffic from a satellite or satellites, processes it in a form necessary to
deliver channels of communication to terrestrial common carriers or such
other authorized entities and delivers the processed traffic to such
entities at the interface.
(f) Interface. The point of interconnection between two distinct but
adjacent communications systems having different functions. The interface in
the communication-satellite service is that point where communications
terminal equipment of the terrestrial common carriers or other authorized
entities interconnects with the terminal equipment of the
communication-satellite earth station complex. The interface in the
communication-satellite service shall be located at the earth station site,
or if this is impracticable, as close thereto as possible.
(g) Emergency call center (ECC). A facility that subscribers of satellite
commercial mobile radio services call when in need of emergency assistance
by dialing “911” on their mobile satellite earth terminal.
[ 28 FR 13037 , Dec. 5, 1963, as amended at 31 FR 3289 , Mar. 2, 1966; 68 FR 63997 , Nov. 12, 2003; 69 FR 6582 , Feb. 11, 2004]
§ 25.104 Preemption of local zoning of earth stations.
top
(a) Any state or local zoning, land-use, building, or similar regulation
that materially limits transmission or reception by satellite earth station
antennas, or imposes more than minimal costs on users of such antennas, is
preempted unless the promulgating authority can demonstrate that such
regulation is reasonable, except that nonfederal regulation of radio
frequency emissions is not preempted by this section. For purposes of this
paragraph (a), reasonable means that the local regulation:
(1) Has a clearly defined health, safety, or aesthetic objective that is
stated in the text of the regulation itself; and
(2) Furthers the stated health, safety or aesthetic objective without
unnecessarily burdening the federal interests in ensuring access to
satellite services and in promoting fair and effective competition among
competing communications service providers.
(b)(1) Any state or local zoning, land-use, building, or similar regulation
that affects the installation, maintenance, or use of a satellite earth
station antenna that is two meters or less in diameter and is located or
proposed to be located in any area where commercial or industrial uses are
generally permitted by non-federal land-use regulation shall be presumed
unreasonable and is therefore preempted subject to paragraph (b)(2) of this
section. No civil, criminal, administrative, or other legal action of any
kind shall be taken to enforce any regulation covered by this presumption
unless the promulgating authority has obtained a waiver from the Commission
pursuant to paragraph (e) of this section, or a final declaration from the
Commission or a court of competent jurisdiction that the presumption has
been rebutted pursuant to paragraph (b)(2) of this section.
(2) Any presumption arising from paragraph (b)(1) of this section may be
rebutted upon a showing that the regulation in question:
(i) Is necessary to accomplish a clearly defined health or safety objective
that is stated in the text of the regulation itself;
(ii) Is no more burdensome to satellite users than is necessary to achieve
the health or safety objective; and
(iii) Is specifically applicable on its face to antennas of the class
described in paragraph (b)(1) of this section.
(c) Any person aggrieved by the application or potential application of a
state or local zoning or other regulation in violation of paragraph (a) of
this section may, after exhausting all nonfederal administrative remedies,
file a petition with the Commission requesting a declaration that the state
or local regulation in question is preempted by this section. Nonfederal
administrative remedies, which do not include judicial appeals of
administrative determinations, shall be deemed exhausted when:
(1) The petitioner's application for a permit or other authorization
required by the state or local authority has been denied and any
administrative appeal and variance procedure has been exhausted;
(2) The petitioner's application for a permit or other authorization
required by the state or local authority has been on file for ninety days
without final action;
(3) The petitioner has received a permit or other authorization required by
the state or local authority that is conditioned upon the petitioner's
expenditure of a sum of money, including costs required to screen,
pole-mount, or otherwise specially install the antenna, greater than the
aggregate purchase or total lease cost of the equipment as normally
installed; or
(4) A state or local authority has notified the petitioner of impending
civil or criminal action in a court of law and there are no more nonfederal
administrative steps to be taken.
(d) Procedures regarding filing of petitions requesting declaratory rulings
and other related pleadings will be set forth in subsequent Public Notices.
All allegations of fact contained in petitions and related pleadings must be
supported by affidavit of a person or persons with personal knowledge
thereof.
(e) Any state or local authority that wishes to maintain and enforce zoning
or other regulations inconsistent with this section may apply to the
Commission for a full or partial waiver of this section. Such waivers may be
granted by the Commission in its sole discretion, upon a showing by the
applicant that local concerns of a highly specialized or unusual nature
create a necessity for regulation inconsistent with this section. No
application for waiver shall be considered unless it specifically sets forth
the particular regulation for which waiver is sought. Waivers granted in
accordance with this section shall not apply to later-enacted or amended
regulations by the local authority unless the Commission expressly orders
otherwise.
(f) A satellite earth station antenna that is designed to receive direct
broadcast satellite service, including direct-to-home satellite services,
that is one meter or less in diameter or is located in Alaska is covered by
the regulations in §1.4000 of this chapter.
[ 61 FR 10898 , Mar. 18, 1996, as amended at 61 FR 46562 , Sept. 4, 1996]
Effective Date Note: At 61 FR 46562 , Sept. 4, 1996, §25.104 was amended by
revising paragraph (b)(1) and adding paragraph (f). These paragraphs contain
information collection and recordkeeping requirements and will not become
effective until approval has been given by the Office of Management and
Budget.
§§ 25.105-25.108 [Reserved]
top
§ 25.109 Cross-reference.
top
The space radiocommunications stations in the following services are not
licensed under this part:
(a) Amateur Satellite Service, see 47 CFR part 97.
(b) Ship earth stations in the Maritime Mobile Satellite Service, see 47 CFR
part 83.
(c) Ship earth stations in the Maritime Mobile Satellite Service, see 47 CFR
part 80.
[ 56 FR 24016 , May 28, 1991, as amended at 67 FR 51113 , Aug. 7, 2002; 70 FR 32253 , June 2, 2005]
Subpart B—Applications and Licenses
top
Source: 56 FR 24016 , May 28, 1991, unless otherwise noted.
General Application Filing Requirements
top
§ 25.110 Filing of applications, fees, and number of copies.
top
(a) You can obtain application forms for this part by going online at
www.fcc.gov/ibfs , where you may complete the form prior to submission via
IBFS, the IB electronic filing system.
(b) Submitting your application . All space station applications and all
earth station applications must be filed electronically on Form 312. In this
part, any party permitted or required to file information on Form 312 must
file that information electronically through the International Bureau Filing
System (IBFS) in accordance with the applicable provisions of part 1,
subpart Y of this chapter.
(c) All correspondence and amendments concerning any application must
identify:
(1) The satellite radio service;
(2) The applicant's name;
(3) Station location;
(4) The call sign or other identification of the station; and
(5) The file number of the application involved.
(d) Copies . Applications must be filed electronically though IBFS. The
Commission will not accept any paper version of any application.
(e) Signing . Upon filing an application electronically, the applicant must
print out the filed application, obtain the proper signatures, and keep the
original in its files.
(f) The applicant must pay the appropriate fee for its application and
submit it in accordance with part 1, subpart G of this chapter.
[ 69 FR 47793 , Aug. 6, 2004]
§ 25.111 Additional information.
top
(a) The Commission may request from any party at any time additional
information concerning any application, or any other submission or pleading
regarding an application, filed under this part.
(b) Applicants, permittees and licensees of radio stations governed by this
part shall provide the Commission with all information it requires for the
Advance Publication, Coordination and Notification of frequency assignments
pursuant to the international Radio Regulations. No protection from
interference caused by radio stations authorized by other Administrations is
guaranteed unless coordination procedures are timely completed or, with
respect to individual administrations, by successfully completing
coordination agreements. Any radio station authorization for which
coordination has not been completed may be subject to additional terms and
conditions as required to effect coordination of the frequency assignments
with other Administrations.
(c) In the Direct Broadcast Satellite service, applicants and licensees
shall also provide the Commission with all information it requires in order
to modify the Appendix 30 Broadcasting-Satellite Service (“BSS”) Plans and
associated Appendix 30A feeder-link Plans, if the system uses technical
characteristics differing from those specified in the Appendix 30 BSS Plans,
the Appendix 30A feederlink Plans, Annex 5 to Appendix 30 or Annex 3 to
Appendix 30A. For such systems, no protection from interference caused by
radio stations authorized by other Administrations is guaranteed until the
agreement of all affected Administrations is obtained and the frequency
assignment becomes a part of the appropriate Region 2 BSS and feeder-link
Plans. Authorizations for which coordination is not completed and/or for
which the necessary agreements under Appendices 30 and 30A have not been
obtained may be subject to additional terms and conditions as required to
effect coordination or obtain the agreement of other Administrations.
Applicants and licensees shall also provide the Commission with the
necessary Appendix 4 information required by the ITU Radiocommunication
Bureau to advance publish, coordinate and notify the frequencies to be used
for tracking, telemetry and control functions of DBS systems.
[ 56 FR 24016 , May 28, 1991, as amended at 67 FR 51113 , Aug. 7, 2002; 68 FR 63997 , Nov. 12, 2003]
§ 25.112 Defective applications.
top
(a) An application will be unacceptable for filing and will be returned to
the applicant with a brief statement identifying the omissions or
discrepancies if:
(1) The application is defective with respect to completeness of answers to
questions, informational showings, internal inconsistencies, execution, or
other matters of a formal character; or
(2) The application does not substantially comply with the Commission's
rules, regulations, specific requests for additional information, or other
requirements.
(3) The application requests authority to operate a space station in a
frequency band that is not allocated internationally for such operations
under the Radio Regulations of the International Telecommunication Union.
(b) Applications for space station authority found defective under paragraph
(a)(3) of this section will not be considered. Applications for authority
found defective under paragraphs (a)(1) or (a)(2) of this section may be
accepted for filing if:
(1) The application is accompanied by a request which sets forth the reasons
in support of a waiver of (or an exception to), in whole or in part, any
specific rule, regulation, or requirement with which the application is in
conflict;
(2) The Commission, upon its own motion, waives (or allows an exception to),
in whole or in part, any rule, regulation or requirement.
(c) If an applicant is requested by the Commission to file any additional
information or any supplementary or explanatory information not specifically
required in the prescribed application form or these rules, a failure to
comply with the request within a specified time period will be deemed to
render the application defective and will subject it to dismissal.
[ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51502 , Aug. 27, 2003]
§ 25.113 Station licenses and launch authority.
top
(a) Construction permits are not required for satellite earth stations.
Construction of such stations may commence prior to grant of a license at
the applicant's own risk. Applicants must comply with the provisions of 47
CFR 1.1312 relating to environmental processing prior to commencing
construction.
(b) [Reserved]
(c) FAA notification. Before the construction of new antenna structures or
alteration in the height of existing antenna structures is authorized by the
FCC, a Federal Aviation Administration (FAA) determination of “no hazard”
may be required. To apply for this determination, the FAA must be notified
of the planned construction. Criteria used to determine whether FAA
notification is required for a particular antenna structure are contained in
part 17 of this chapter. Applications proposing construction of one or more
new antenna structures or alteration of the overall height of one or more
existing antenna structures, where FAA notification prior to such
construction or alteration is not required by part 17 of this chapter, must
indicate such and, unless the reason is obvious ( e.g. structure height is
less than 6.10 meters AGL) must contain a statement explaining why FAA
notification is not required.
(d) Painting and lighting. The owner of each antenna structure required to
be painted and/or illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of this
chapter. In the event of default by the owner, each licensee or permittee
shall be individually responsible for conforming to the requirements
pertaining to antenna structure painting and lighting.
(e) Antenna Structure Registration Number. Applications proposing
construction of one or more new antenna structures or alteration of the
overall height of one or more existing structures, where FAA notification
prior to such construction or alteration is required by part 17 of this
chapter, must include the FCC Antenna Structure Registration Number(s) for
the affected structure(s). If no such number has been assigned at the time
the application is filed, the applicant must state in the application
whether or not the antenna structure owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an Antenna
Structure Registration Number in accordance with part 17 of this chapter for
the antenna structure in question.
(f) Construction permits are not required for U.S.-licensed space stations.
Construction of such stations may commence, at the applicant's own risk,
prior to grant of a license. Prior to commencing construction, however,
applicants must notify the Commission in writing they plan to begin
construction at their own risk.
(g) Except as set forth in paragraph (h) of this section, a launch
authorization and station license ( i.e. , operating authority) must be
applied for and granted before a space station may be launched and operated
in orbit. Request for launch authorization may be included in an application
for space station license. However, an application for authority to launch
and operate an on-ground spare satellite will be considered pursuant to the
following procedures:
(1) Applications for launch and operation of an on-ground spare NGSO-like
satellite will be considered pursuant to the procedures set forth in
§25.157, except as set forth in paragraph (g)(3) of this section.
(2) Applications for launch and operation of an on-ground spare GSO-like
satellite will be considered pursuant to the procedures set forth in
§25.158, except as set forth in paragraph (g)(3) of this section.
(3) Neither paragraph (g)(1) nor (g)(2) of this section will apply in cases
where the space station to be launched is determined to be an emergency
replacement for a previously authorized space station that has been lost as
a result of a launch failure or a catastrophic in-orbit failure.
(h) Licensees of Non-Geostationary Satellite Orbit (NGSO) satellite systems
need not file separate applications to operate technically identical
in-orbit spares authorized as part of a blanket license pursuant to
§25.114(e) or any other satellite blanket licensing provision in this part.
However, the licensee shall notify the Commission within 30 days of bringing
the in-orbit spare into operation, and certify that operation of this space
station did not cause the licensee to exceed the total number of operating
space stations authorized by the Commission, and that the licensee will
operate the space station within the applicable terms and conditions of its
license. These notifications must be filed electronically on FCC Form 312.
[ 56 FR 24016 , May 28, 1991, as amended at 61 FR 4366 , Feb. 6, 1996; 61 FR 9951 , Mar. 12, 1996; 61 FR 55582 , Oct. 28, 1996; 62 FR 5927 , Feb. 10, 1997;
62 FR 64172 , Dec. 4, 1997; 68 FR 51502 , Aug. 27, 2003; 69 FR 47794 , Aug. 6,
2004; 70 FR 32253 , June 2, 2005]
§ 25.114 Applications for space station authorizations.
top
(a) A comprehensive proposal shall be submitted for each proposed space
station on FCC Form 312, Main Form and Schedule S, together with attached
exhibits as described in paragraph (d) of this section.
(b) Each application for a new or modified space station authorization must
constitute a concrete proposal for Commission evaluation. Each application
must also contain the formal waiver required by section 304 of the
Communications Act, 47 U.S.C. 304. The technical information for a proposed
satellite system specified in paragraph (c) of this section must be filed on
FCC Form 312, Main Form and Schedule S. The technical information for a
proposed satellite system specified in paragraph (d) of this section need
not be filed on any prescribed form but should be complete in all pertinent
details. Applications for all new space station authorizations must be filed
electronically through the International Bureau Filing System (IBFS) in
accordance with the applicable provisions of part 1, subpart Y of this
chapter.
(c) The following information shall be filed on FCC Form 312, Main Form and
Schedule S:
(1) Name, address, and telephone number of the applicant;
(2) Name, address, and telephone number of the person(s), including counsel,
to whom inquiries or correspondence should be directed;
(3) Type of authorization requested ( e.g. , launch authority, station
license, modification of authorization);
(4)(i) Radio frequencies and polarization plan (including beacon, telemetry,
and telecommand functions), center frequency and polarization of
transponders (both receiving and transmitting frequencies),
(ii) Emission designators and allocated bandwidth of emission, final
amplifier output power (identify any net losses between output of final
amplifier and input of antenna and specify the maximum EIRP for each antenna
beam),
(iii) Identification of which antenna beams are connected or switchable to
each transponder and TT&C function,
(iv) Receiving system noise temperature,
(v) The relationship between satellite receive antenna gain pattern and
gain-to-temperature ratio and saturation flux density for each antenna beam
(may be indicated on antenna gain plot),
(vi) The gain of each transponder channel (between output of receiving
antenna and input of transmitting antenna) including any adjustable gain
step capabilities, and
(vii) Predicted receiver and transmitter channel filter response
characteristics.
(5) For satellites in geostationary-satellite orbit,
(i) Orbital location, or locations if alternatives are proposed, requested
for the satellite,
(ii) The factors that support the orbital assignment or assignments proposed
in paragraph (c)(5)(i) of this section,
(iii) Longitudinal tolerance or east-west station-keeping capability;
(iv) Inclination incursion or north-south station-keeping capability.
(6) For satellites in non-geostationary-satellite orbits,
(i) The number of space stations and applicable information relating to the
number of orbital planes,
(ii) The inclination of the orbital plane(s),
(iii) The orbital period,
(iv) The apogee,
(v) The perigee,
(vi) The argument(s) of perigee,
(vii) Active service arc(s), and
(viii) Right ascension of the ascending node(s).
(7) For satellites in geostationary-satellite orbit, accuracy with which the
orbital inclination, the antenna axis attitude, and longitudinal drift will
be maintained;
(8) Calculation of power flux density levels within each coverage area and
of the energy dispersal, if any, needed for compliance with §25.208, for
angles of arrival of 5°, 10°, 15°, 20°, and 25° above the horizontal;
(9) Arrangement for tracking, telemetry, and control;
(10) Physical characteristics of the space station including weight and
dimensions of spacecraft, detailed mass (on ground and in-orbit) and power
(beginning and end of life) budgets, and estimated operational lifetime and
reliability of the space station and the basis for that estimate;
(11) A clear and detailed statement of whether the space station is to be
operated on a common carrier basis, or whether non-common carrier
transactions are proposed. If non-common carrier transactions are proposed,
describe the nature of the transactions and specify the number of
transponders to be offered on a non-common carrier basis;
(12) Dates by which construction will be commenced and completed, launch
date, and estimated date of placement into service.
(13) The polarization information specified in §§25.210(a)(1), (a)(3), and
(i), to the extent applicable.
(d) The following information in narrative form shall be contained in each
application:
(1) General description of overall system facilities, operations and
services;
(2) If applicable, the feeder link and inter-satellite service frequencies
requested for the satellite, together with any demonstration otherwise
required by this chapter for use of those frequencies (see, e.g. ,
§§25.203(j) and (k));
(3) Predicted space station antenna gain contour(s) for each transmit and
each receive antenna beam and nominal orbital location requested. These
contour(s) should be plotted on an area map at 2 dB intervals down to 10 dB
below the peak value of the parameter and at 5 dB intervals between 10 dB
and 20 dB below the peak values, with the peak value and sense of
polarization clearly specified on each plotted contour. For applications for
geostationary orbit satellites, this information must be provided in the
.gxt format.
(4) A description of the types of services to be provided, and the areas to
be served, including a description of the transmission characteristics and
performance objectives for each type of proposed service, details of the
link noise budget, typical or baseline earth station parameters, modulation
parameters, and overall link performance analysis (including an analysis of
the effects of each contributing noise and interference source);
(5) Calculation of power flux density levels within each coverage area and
of the energy dispersal, if any, needed for compliance with §25.208;
Calculation of power flux density levels within each coverage area and of
the energy dispersal, if any, needed for compliance with §25.208, for angles
of arrival other than 5°, 10°, 15°, 20°, and 25° above the horizontal.
(6) Public interest considerations in support of grant;
(7) Applicants for authorizations for space stations in the fixed-satellite
service must also include the information specified in §§25.140(b)(1) and
(2) of this part. Applicants for authorizations for space stations in the
17/24 GHz broadcasting-satellite service must also include the information
specified in §§25.140(b)(1) and (3) of this part.
(8) Applications for authorizations in the Mobile-Satellite Service in the
1545–1559/1646.5–1660.5 MHz frequency bands shall also provide all
information necessary to comply with the policies and procedures set forth
in Rules and Policies Pertaining to the Use of Radio Frequencies in a Land
Mobile Satellite Service, 2 FCC Rcd 485 (1987) (Available at address in
§0.445 of this chapter.);
(9) Applications to license multiple space station systems in the non-voice,
non-geostationary mobile-satellite service under blanket operating authority
shall also provide all information specified in §25.142; and
(10) Applications for authorizations in the 1.6/2.4 GHz Mobile-Satellite
Service shall also provide all information specified in §25.143.
(11) In addition to a statement of whether the space station is to be
operated on a common carrier basis, or whether non-common carrier
transactions are proposed, as specified in paragraph (c)(11) of this
section, satellite applications in the Direct Broadcast Satellite service
must provide a clear and detailed statement of whether the space station is
to be operated on a broadcast or non-broadcast basis.
(12) Applications for authorizations in the non-geostationary satellite
orbit fixed-satellite service (NGSO FSS) in the bands 10.7 GHz to 14.5 GHz
shall also provide all information specified in §25.146.
(13) For satellite applications in the Direct Broadcast Satellite service,
if the proposed system's technical characteristics differ from those
specified in the Appendix 30 BSS Plans, the Appendix 30A feeder link Plans,
Annex 5 to Appendix 30 or Annex 3 to Appendix 30A, each applicant shall
provide:
(i) The information requested in Appendix 4 of the ITU's Radio Regulations.
Further, applicants shall provide sufficient technical showing that the
proposed system could operate satisfactorily if all assignments in the BSS
and feeder link Plans were implemented.
(ii) Analyses of the proposed system with respect to the limits in Annex 1
to Appendices 30 and 30A.
(14) A description of the design and operational strategies that will be
used to mitigate orbital debris, including the following information:
(i) A statement that the space station operator has assessed and limited the
amount of debris released in a planned manner during normal operations, and
has assessed and limited the probability of the space station becoming a
source of debris by collisions with small debris or meteoroids that could
cause loss of control and prevent post-mission disposal;
(ii) A statement that the space station operator has assessed and limited
the probability of accidental explosions during and after completion of
mission operations. This statement must include a demonstration that debris
generation will not result from the conversion of energy sources on board
the spacecraft into energy that fragments the spacecraft. Energy sources
include chemical, pressure, and kinetic energy. This demonstration should
address whether stored energy will be removed at the spacecraft's end of
life, by depleting residual fuel and leaving all fuel line valves open,
venting any pressurized system, leaving all batteries in a permanent
discharge state, and removing any remaining source of stored energy, or
through other equivalent procedures specifically disclosed in the
application;
(iii) A statement that the space station operator has assessed and limited
the probability of the space station becoming a source of debris by
collisions with large debris or other operational space stations. Where a
space station will be launched into a low-Earth orbit that is identical, or
very similar, to an orbit used by other space stations, the statement must
include an analysis of the potential risk of collision and a description of
what measures the space station operator plans to take to avoid in-orbit
collisions. If the space station operator is relying on coordination with
another system, the statement must indicate what steps have been taken to
contact, and ascertain the likelihood of successful coordination of physical
operations with, the other system. The statement must disclose the
accuracy—if any—with which orbital parameters of non-geostationary satellite
orbit space stations will be maintained, including apogee, perigee,
inclination, and the right ascension of the ascending node(s). In the event
that a system is not able to maintain orbital tolerances, i.e. , it lacks a
propulsion system for orbital maintenance, that fact should be included in
the debris mitigation disclosure. Such systems must also indicate the
anticipated evolution over time of the orbit of the proposed satellite or
satellites. Where a space station requests the assignment of a
geostationary-Earth orbit location, it must assess whether there are any
known satellites located at, or reasonably expected to be located at, the
requested orbital location, or assigned in the vicinity of that location,
such that the station keeping volumes of the respective satellites might
overlap. If so, the statement must include a statement as to the identities
of those parties and the measures that will be taken to prevent collisions;
(iv) A statement detailing the post-mission disposal plans for the space
station at end of life, including the quantity of fuel—if any—that will be
reserved for post-mission disposal maneuvers. For geostationary-Earth orbit
space stations, the statement must disclose the altitude selected for a
post-mission disposal orbit and the calculations that are used in deriving
the disposal altitude. The statement must also include a casualty risk
assessment if planned post-mission disposal involves atmospheric re-entry of
the space station. In general, an assessment should include an estimate as
to whether portions of the spacecraft will survive re-entry and reach the
surface of the Earth, as well as an estimate of the resulting probability of
human casualty.
(15) Each applicant for a space station license in the 17/24 GHz BSS shall
include the following information as an attachment to its application:
(i) Except as set forth in paragraph (d)(15)(ii) of this section, an
applicant proposing to operate in the 17.3–17.7 GHz frequency band, must
provide a demonstration that the proposed space station will comply with the
power flux density limits set forth in §25.208(w) of this part.
(ii) In cases where the proposed space station will not comply with the
power flux density limits set forth in §25.208(w) of this part, the
applicant will be required to provide a certification that all potentially
affected parties acknowledge and do not object to the use wof the
applicant's higher power flux densities. The affected parties with whom the
applicant must coordinate are those GSO 17/24 GHz BSS satellite networks
located up to 6 away for excesses of up to 3 dB above the power flux-density
levels specified in §25.208(w) of this part, and up to 10 away greater for
excesses greater than 3 dB above those levels.
(iii) In cases where the proposed 17/24 GHz BSS space station will be
operated in the 17.3–17.7 GHz band, or operated to provide international
service in the 17.7–17.8 GHz band, and cannot be located precisely at one of
the nominal 17/24 GHz BSS orbital locations specified in Appendix F of the
Report and Order, adopted May 2, 2007, IB Docket No. 06–123, FCC 07–76, the
applicant must provide a demonstration that the proposed space station will
not cause more interference to other 17/24 GHz BSS satellite networks
operating in compliance with the rules for this service than if it were
located at the precise 17/24 GHz BSS orbital location from which its
proposed location is offset.
(iv) An applicant proposing to provide international service in the
17.7–17.8 GHz band must demonstrate that it will meet the power flux density
limits set forth in §25.208(c) of this part.
(16) In addition to the requirements of paragraph (d)(15) of this section,
each applicant for a license to operate a 17/24 GHz BSS space station that
will be used to provide video programming directly to consumers in the
United States, that will not meet the requirements of §25.225 of this part,
must include as an attachment to its application a technical analysis
demonstrating that providing video programming service to consumers in
Alaska and Hawaii that is comparable to the video programming service
provided to consumers in the 48 contiguous United States (CONUS) is not
feasible as a technical matter or that, while technically feasible, such
service would require so many compromises in satellite design and operation
as to make it economically unreasonable.
(e) Applicants requesting authority to launch and operate a system comprised
of technically identical, non-geostationary satellite orbit space stations
may file a single “blanket” application containing the information specified
in paragraphs (c) and (d) of this section for each representative space
station.
[ 68 FR 63997 , Nov. 12, 2003, as amended at 69 FR 29901 , May 26, 2004; 69 FR 47794 , Aug. 6, 2004; 69 FR 54587 , Sept. 9, 2004; 72 FR 50027 , Aug. 29, 2007]
§ 25.115 Application for earth station authorizations.
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(a)(1) Transmitting earth stations. Commission authorization must be
obtained for authority to operate a transmitting earth station. Applications
shall be filed electronically on FCC Form 312, Main Form and Schedule B, and
include the information specified in §25.130, except as set forth in
paragraph (a)(2) of this section.
(2) Applicants for licenses for transmitting earth station facilities are
required to file on Form 312EZ, to the extent that form is available, in the
following cases:
(i) The earth station will transmit in the 3700–4200 MHz and 5925–6425 MHz
band, and/or the 11.7–12.2 GHz and 14.0–14.5 GHz band; and
(ii) The earth station will meet all the applicable technical specifications
set forth in part 25 of this chapter.
(iii) The earth station is not an ESV.
(3) If Form 312EZ is not available, earth station license applicants
specified in paragraph (a)(2) must file on FCC Form 312, Main Form and
Schedule B, and include the information specified in §25.130.
(4) Applications for earth station authorizations must be filed in
accordance with the pleading limitations, periods and other applicable
provisions of §§1.41 through 1.52 of this chapter, except that such earth
station applications must be filed electronically through the International
Bureau Filing System (IBFS) in accordance with the applicable provisions of
part 1, subpart Y of this chapter;
(b) Receive-only earth stations. Applications to license or register receive
only earth stations shall be filed on FCC Form 312, Main Form and Schedule
B, and conform to the provisions of §25.131.
(c)(1) Large Networks of Small Antennas operating in the 11.7–12.2 GHz and
14.0–14.5 GHz frequency bands with U.S.-licensed or non-U.S.-licensed
satellites for domestic or international services. Applications to license
small antenna network systems operating in the 11.7–12.2 GHz and 14.0–14.5
GHz frequency band under blanket operating authority shall be filed on FCC
Form 312 and Schedule B, for each large (5 meters or larger) hub station,
and Schedule B for each representative type of small antenna (less than 5
meters) operating within the network.
(c)(2) Large Networks of Small Antennas operating in the 4/6 GHz frequency
bands with U.S.-licensed or non-U.S. licensed satellites for domestic
services (CSATs). Applications to license small antenna network systems
operating in the standard C-Band, 3700–4200 MHz and 5925–6425 MHz frequency
band shall be filed electronically on FCC Form 312, Main Form and Schedule
B.
(i) An initial lead application providing a detailed overview of the
complete network shall be filed. Such lead applications shall fully identify
the scope and nature of the service to be provided, as well as the complete
technical details of each representative type of small antenna (less than
4.5 meters) that will operate within the network. Such lead applications for
a single CSAT system must identify:
(A) No more than three discrete geostationary satellites to be accessed;
(B) The amount of frequency bandwidth sought, up to a maximum of 20 MHz of
spectrum in each direction at each of the satellites (The same 20 MHz of
uplink and 20 MHz of downlink spectrum at each satellite would be accessible
by all CSAT earth stations in the system. The 20 MHz of uplink and 20 MHz of
downlink spectrum need not be the same at each satellite location);
(C) The maximum number of earth station sites;
(ii) Following the issuance of a license for the lead application, the
licensee shall notify the Commission of the complete technical parameters of
each individual earth station site before that site is bought into operation
under the lead authorization. Full frequency coordination of each individual
site (e.g., for each satellite and the spectrum associated therewith) shall
be completed prior to filing Commission notification. The coordination must
be conducted in accordance with §25.203. Such notification shall be done by
electronic filing and shall be consistent with the technical parameters of
Schedule B of FCC Form 312.
(iii) Following successful coordination of such an earth station, if the
earth station operator does not file a lead application or a Schedule B
within six months after it successfully completes coordination, it will be
assumed that such frequency use is no longer desired, unless a second
notification has been received within ten days prior to the end of the six
month period. Such renewal notifications must be sent to all parties
concerned. If the lead application or Schedule B, or renewal notification,
is not timely received, the coordination will lapse and the licensee must
re-coordinate the relevant earth stations if it still wishes to bring them
into operation.
(iv) Operation of each individual site may commence immediately after the
public notice is released that identifies the notification sent to the
Commission and if the requirements of paragraph (c)(2)(vi) of this section
are met. Continuance of operation of each station for the duration of the
lead license term shall be dependent upon successful completion of the
normal public notice process. If any objections are received to the new
station prior to the end of the 30 day comment period of the Public Notice,
the licensee shall immediately cease operation of those particular stations
until the coordination dispute is resolved and the CSAT licensee informs the
Commission of the resolution. If the requirements of paragraph (c)(2)(vi) of
this section are not met, operation may not commence until the Commission
issues the public notice acting on the CSAT terminal authorization.
(v) Each CSAT licensee shall annually provide the Commission an updated list
of all operational earth stations in its system. The annual list shall also
include a list of all earth stations deactivated during the year and
identification of the satellites providing service to the network as of the
date of the report.
(vi) Conditional authorization. (A) An applicant for a new CSAT radio
station or modification of an existing CSAT station authorized under
paragraph (c)(2)(i) of this section in the 3700–4200; or 5925–6425 MHz bands
may operate the proposed station during the pendency of its application
after the release of the public notice accepting the notification for filing
that complies with paragraph (c)(2)(ii) of this section. The applicant,
however, must first certify that the following conditions are satisfied:
( 1 ) The frequency coordination procedures of §25.203 have been
successfully completed;
( 2 ) The antenna structure has been previously studied by the Federal
Aviation Administration and determined to pose no hazard to aviation safety
as required by subpart B of part 17 of this chapter; or the antenna or tower
structure does not exceed 6.1 meters above ground level or above an existing
man-made structure (other than an antenna structure), if the antenna or
tower has not been previously studied by the Federal Aviation Administration
and cleared by the FCC;
( 3 ) The grant of the application(s) does not require a waiver of the
Commission's rules (with the exception of a request for waiver pertaining to
fees);
( 4 ) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in §1.1307 of this chapter;
( 5 ) The station site does not lie within 56.3 kilometers of any
international border or within a radio “Quiet Zone” identified in §1.924 of
this chapter; and
( 6 ) The filed application is consistent with the proposal that was
coordinated pursuant to §25.251.
(B) Conditional authority ceases immediately if the Schedule B is returned
by the Commission because it is not accepted for filing.
(C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A) and
(c)(2)(vi)(B) of this section is evidenced by retaining a copy of the
Schedule B notification with the station records. Conditional authorization
does not prejudice any action the Commission may take on the subject
application(s) or the Schedule B notifications.
(D) Conditional authority is accepted with the express understanding that
such authority may be modified or cancelled by the Commission at any time
without hearing if, in the Commission's discretion, the need for such action
arises. An applicant operating pursuant to this conditional authority
assumes all risks associated with such operation, the termination or
modification of the conditional authority, or the subsequent dismissal or
denial of its application(s).
(E) The copy of the Schedule B notification form must be posted at each
station operating pursuant to this section.
(vii) Period of construction. Construction of each earth station must be
completed and the station must be brought into regular operation within
twelve months from the date that action is taken to authorize that station
to operate under the lead authorization, except as may be otherwise
determined by the Commission for any particular application.
(d) User transceivers in the NVNG, 1.6/2.4 GHz Mobile-Satellite Service, and
2 GHz Mobile-Satellite Service need not be individually licensed. Service
vendors may file blanket applications for transceivers units using FCC Form
312, Main Form and Schedule B, and specifying the number of units to be
covered by the blanket license. Each application for a blanket license under
this section shall include the information described in §25.136.
(e) Earth stations operating in the 20/30 GHz Fixed-Satellite Service with
U.S.-licensed or non-U.S. licensed satellites: Applications to license
individual earth stations operating in the 20/30 GHz band shall be filed on
FCC Form 312, Main Form and Schedule B, and shall also include the
information described in §25.138. Earth stations belonging to a network
operating in the 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 GHz or 29.25–30.0
GHz bands may be licensed on a blanket basis. Applications for such blanket
authorization may be filed using FCC Form 312, Main Form and Schedule B, and
specifying the number of terminals to be covered by the blanket license.
Each application for a blanket license under this section shall include the
information described in §25.138.
(f) User transceivers in the non-geostationary satellite orbit
fixed-satellite service in the 11.7–12.2 GHz, 12.2–12.7 GHz and 14.0–14.5
GHz bands need not be individually licensed. Service vendors may file
blanket applications for transceiver units using FCC Form 312, Main Form and
Schedule B, and shall specify the number of terminals to be covered by the
blanket license. Each application for a blanket license under this section
shall include the information described in §25.146. Any earth stations that
are not user transceivers, and which transmit in the non-geostationary
satellite orbit fixed-satellite service in the 10.7–11.7 GHz, 12.75–13.15
GHz, 13.2125–13.25 GHz, and 13.75–14.0 GHz bands must be individually
licensed, pursuant to paragraph (a) of this section.
(g) Applications for feeder link earth stations operating in the 24.75—25.25
GHz band (Earth-to-space) and providing service to geostationary satellites
in the 17/24 GHz BSS must include, in addition to the particulars of
operation identified on Form 312 and associated Schedule B, the information
specified in either paragraph (g)(1) or (g)(2) below for each earth station
antenna type:
(1) A series of EIRP density charts or tables, calculated for a production
earth station antenna, based on measurements taken on a calibrated antenna
range at 25 GHz, with the off-axis EIRP envelope set forth in paragraphs
(g)(1)(i) through (g)(1)(iv) of this section superimposed, as follows:
(i) Showing off-axis co-polarized EIRP spectral density in the azimuth
plane, for off-axis angles from minus 10° to plus 10° and from minus 180° to
plus 180°;
(ii) Showing off-axis co-polarized EIRP spectral density in the elevation
plane, at off-axis angles from 0°to plus 30°;
(iii) Showing off-axis cross-polarized EIRP spectral density in the azimuth
plane, at off-axis angles from minus 10° to plus 10°; and
(iv) Showing off-axis cross-polarized EIRP spectral density in the elevation
plane, at off-axis angles from minus 10° to plus 10°
(2) A certification on Schedule B that the antenna conforms to the gain
pattern criteria of §§25.209(a) and (b), that when combined with input power
density (computed from the maximum on-axis EIRP density per carrier less the
antenna gain entered in Schedule B), demonstrates that the off-axis EIRP
spectral density envelope set forth in §§25.223(b)(1) through (4) of this
part will be met.
[ 62 FR 5928 , Feb. 10, 1997, as amended at 62 FR 64172 , Dec. 4, 1997; 65 FR 54169 , Sept. 7, 2000; 65 FR 59142 , Oct. 4, 2000; 66 FR 31559 , June 12, 2001;
67 FR 53510 , Aug. 16, 2002; 68 FR 16966 , Apr. 8, 2003; 68 FR 63998 , Nov. 12,
2003; 69 FR 29901 , May 26, 2004; 69 FR 47794 , Aug. 6, 2004; 70 FR 4783 , Jan.
31, 2005; 70 FR 32253 , June 2, 2005; 72 FR 50027 , Aug. 29, 2007]
§ 25.116 Amendments to applications.
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(a) Unless otherwise specified, any pending application may be amended until
designated for hearing, a public notice is issued stating that a substantive
disposition of the application is to be considered at a forthcoming
Commission meeting, or a final order disposing of the matter is adopted by
the Commission.
(b) Major amendments submitted pursuant to paragraph (a) of this section are
subject to the public notice requirements of §25.151. An amendment will be
deemed to be a major amendment under the following circumstances:
(1) If the amendment increases the potential for interference, or changes
the proposed frequencies or orbital locations to be used.
(2) If the amendment would convert the proposal into an action that may have
a significant environmental effect under §1.1307 of this chapter.
(3) [Reserved]
(4) If the amendment, or the cumulative effect of the amendment, is
determined by the Commission otherwise to be substantial pursuant to section
309 of the Communications Act.
(5) Amendments to “defective” space station applications, within the meaning
of §25.112 will not be considered.
(c) Any application for an NGSO-like satellite license within the meaning of
§25.157 will be considered to be a newly filed application if it is amended
by a major amendment (as defined by paragraph (b) of this section) after a
“cut-off” date applicable to the application, except under the following
circumstances:
(1) The amendment resolves frequency conflicts with authorized stations or
other pending applications but does not create new or increased frequency
conflicts;
(2) The amendment reflects only a change in ownership or control found by
the Commission to be in the public interest and, for which a requested
exemption from a “cut-off” date is granted;
(3) The amendment corrects typographical, transcription, or similar clerical
errors which are clearly demonstrated to be mistakes by reference to other
parts of the application, and whose discovery does not create new or
increased frequency conflicts; or
(4) The amendment does not create new or increased frequency conflicts, and
is demonstrably necessitated by events which the applicant could not have
reasonably foreseen at the time of filing.
(d) Any application for a GSO-like satellite license within the meaning of
§25.158 will be considered to be a newly filed application if it is amended
by a major amendment (as defined by paragraph (b) of this section), and will
cause the application to lose its status relative to later-filed
applications in the “queue” as described in §25.158.
(e) Any amendment to an application shall be filed electronically through
the International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter. Amendments to
space station applications must be filed on Form 312 and Schedule S.
Amendments to space station applications must be filed on Form 312 and
Schedule B.
[ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51503 , Aug. 27, 2003; 69 FR 47794 , Aug. 6, 2004]
§ 25.117 Modification of station license.
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(a) Except as provided for in §25.118 (Modifications not requiring prior
authorization), no modification of a radio station governed by this part
which affects the parameters or terms and conditions of the station
authorization shall be made except upon application to and grant of such
application by the Commission.
(b) [Reserved]
(c) Applications for modification of earth station authorizations shall be
submitted on FCC Form 312, Main Form and Schedule B. Applications for
modification of space station authorizations shall be submitted on FCC Form
312, Main Form and Schedule S. Both earth station and space station
modification applications must be filed electronically through the
International Bureau Filing System (IBFS) in accordance with the applicable
provisions of part 1, subpart Y of this chapter. In addition, any
application for modification of authorization to extend a required date of
completion, as set forth in §25.133 for earth station authorization or
§25.164 for space stations, or included as a condition of any earth station
or space station authorization, must include a verified statement from the
applicant:
(1) That states the additional time is required due to unforeseeable
circumstances beyond the applicant's control, describes these circumstances
with specificity, and justifies the precise extension period requested; or
(2) That states there are unique and overriding public interest concerns
that justify an extension, identifies these interests and justifies a
precise extension period.
(d)(1) Except as set forth in §25.118(e), applications for modifications of
space station authorizations shall be filed in accordance with §25.114, but
only those items of information listed in §25.114 that change need to be
submitted, provided the applicant certifies that the remaining information
has not changed.
(2) Applications for modifications of space station authorizations will be
granted except under the following circumstances:
(i) Granting the modification would make the applicant unqualified to
operate a space station under the Commission's rules.
(ii) Granting the modification request would not serve the public interest,
convenience, and necessity.
(iii) Except as set forth in paragraph (d)(2)(iv) of this section,
applications for modifications of GSO-like space station authorizations
granted pursuant to the procedure set forth in §25.158, which seek to
relocate a GSO satellite or add a frequency band to the authorization, will
be placed in a queue pursuant to §25.158 and considered only after
previously filed space station license applications or space station
modification applications have been considered.
(iv) Applications for modifications of space station authorizations to
increase the authorized bandwidth will not be considered in cases in which
the original space station authorization was granted pursuant to the
procedures set forth in §25.157(e) or §25.158(c)(4).
(3) In the event that a space station licensee provides notification of a
planned license modification pursuant to §25.118(e), and the Commission
finds that the proposed modification does not meet the requirements of
§25.118(e), the Commission will issue a public notice announcing that the
proposed license modification will be considered pursuant to the procedure
specified in paragraphs (d)(1) and (d)(2) of this section.
(e) [Reserved]
(f) An application for modification of a space station license to add an
ancillary terrestrial component to an eligible satellite network will be
treated as a request for a minor modification if the particulars of
operations provided by the applicant comply with the criteria specified in
§25.149. Notwithstanding the treatment of such an application as a minor
modification, the Commission shall place any initial application for the
modification of a space station license to add an ancillary terrestrial
component on notice for public comment. Except as provided for in
§25.149(f), no application for authority to add an ancillary terrestrial
component to an eligible satellite network shall be granted until the
applicant has demonstrated actual compliance with the criteria specified in
§25.149(b).
(g) In cases where an earth station licensee proposes additional
transmitters, facilities, or modifications, the resulting transmissions of
which can reasonably be expected to cause the power density to exceed the RF
exposure limits specified in part 1, subpart I of this chapter by five
percent, the licensee must submit an environmental assessment pursuant to
§1.1307(b)(3)(i) of this chapter as an attachment to its modification
application.
[ 56 FR 24016 , May 28, 1991, as amended at 61 FR 9952 , Mar. 12, 1996; 62 FR 5928 , Feb. 10, 1997; 68 FR 33649 , June 5, 2003; 68 FR 47858 , Aug. 12, 2003;
68 FR 51503 , Aug. 27, 2003; 68 FR 62248 , Nov. 3, 2003; 68 FR 63998 , Nov. 12,
2003; 69 FR 47794 , Aug. 6, 2004; 70 FR 32253 , June 2, 2005]
§ 25.118 Modifications not requiring prior authorization.
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(a) Earth station license modifications, notification required . Authorized
earth station operators may make the following modifications to their
licenses without prior Commission authorization, provided that the operators
notify the Commission, using FCC Form 312 and Schedule B, within 30 days of
the modification. This notification must be filed electronically through the
International Bureau Filing System (IBFS) in accordance with the applicable
provisions of part 1, subpart Y of this chapter:
(1) Licensees may make changes to their authorized earth stations without
obtaining prior Commission authorization, provided that they have complied
with all applicable frequency coordination procedures in accordance with
§25.251, and the modification does not involve:
(i) An increase in EIRP or EIRP density (both main lobe and side lobe);
(ii) An increase in transmitted power;
(iii) A change in coordinates of more than 1 second in latitude or longitude
for stations operating in frequency bands that are shared with terrestrial
systems; or
(iv) A change in coordinates of 10 seconds or greater in latitude or
longitude for stations operating in frequency bands that are not shared with
terrestrial systems.
(2) Except for replacement of equipment where the new equipment is
electrically identical to the existing equipment, an authorized earth
station licensee may add, change or replace transmitters or antenna
facilities without prior authorization, provided:
(i) The added, changed, or replaced facilities conform to §25.209;
(ii) The particulars of operations remain unchanged;
(iii) Frequency coordination is not required; and
(iv) The maximum power and power density delivered into any antenna at the
earth station site shall not exceed the values calculated by subtracting the
maximum antenna gain specified in the license from the maximum authorized
e.i.r.p. and e.i.r.p. density values.
(3) Authorized VSAT earth station operators may add VSAT remote terminals
without prior authorization, provided that they have complied with all
applicable frequency coordination procedures in accordance with §25.251.
(4) A licensee providing service on a private carrier basis may change its
operations to common carrier status without obtaining prior Commission
authorization. The licensee must notify the Commission using Form 312 within
30 days after the completed change to common carrier status.
(5) Earth station operators may change their points of communication without
prior authorization, provided that the change results from a space station
license modification described in paragraph (e) of this section, and the
earth station operator does not repoint its antenna. Otherwise, any
modification of an earth station license to add or change a point of
communication will be considered under §25.117.
(b) Earth station license modifications, notification not required.
Notwithstanding paragraph (a)(2) of this section, equipment in an authorized
earth station may be replaced without prior authorization and without
notifying the Commission if the new equipment is electrically identical to
the existing equipment.
(c)–(d) [Reserved]
(e) Space station modifications. A space station operator may modify its
license without prior authorization, but upon 30 days prior notice to the
Commission and any potentially affected licensed spectrum user, provided
that the operator meets the following requirements. This notification must
be filed electronically on Form 312 through the International Bureau Filing
System (IBFS) in accordance with the applicable provisions of part 1,
subpart Y of this chapter:
(1) The space station licensee will relocate a Geostationary Satellite Orbit
(GSO) space station to another orbit location that is assigned to that
licensee;
(2) The relocated space station licensee will operate with the same
technical parameters as the space station initially assigned to that
location, or within the original satellite's authorized and/or coordinated
parameters;
(3) The space station licensee certifies that it will comply with all the
conditions of its original license and all applicable rules after the
relocation;
(4) The space station licensee certifies that it will comply with all
applicable coordination agreements at the newly occupied orbital location;
(5) The space station licensee certifies that it has completed any necessary
coordination of its space station at the new location with other potentially
affected space station operators;
(6) The space station licensee certifies that it will limit operations of
the space station to Tracking, Telemetry, and Control (TT&C) functions
during the relocation and satellite drift transition period; and
(7) The space station licensee certifies that the relocation of the space
station does not result in a lapse of service for any current customer.
(8) For DBS licensees, the space station licensee must certify that it will
not cause greater interference than that which would occur from the current
U.S. assignments in the International Telecommunication Union (ITU) Region 2
BSS Plan and its associated Feeder Link Plan.
(9) For DBS licensees, the space station licensee must certify that it will
meet the geographic service requirements in §25.148(c).
[ 62 FR 5928 , Feb. 10, 1997, as amended at 68 FR 62248 , Nov. 3, 2003; 68 FR 63999 , Nov. 12, 2003; 69 FR 47794 , Aug. 6, 2004; 70 FR 32253 , June 2, 2005]
§ 25.119 Assignment or transfer of control of station authorization.
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(a) You must file an application for Commission authorization before you can
transfer, assign, dispose of (voluntarily or involuntarily, directly or
indirectly, or by transfer of control of any corporation or any other
entity) your station license or accompanying rights. The Commission will
grant your application only if it finds that doing so will serve the public
interest, convenience and necessity.
(b) For purposes of this section, transfers of control requiring Commission
approval shall include any and all transactions that:
(1) Change the party controlling the affairs of the licensee, or
(2) Affect any change in a controlling interest in the ownership of the
licensee, including changes in legal or equitable ownership.
(c) Assignment of license. You must submit an FCC Form 312, Main Form and
Schedule A to voluntarily assign ( e.g. , as by contract or other agreement)
or involuntarily assign ( e.g. , as by death, bankruptcy, or legal
disability) your station authorization. You must file these forms
electronically through IBFS.
(d) Transfer of control of corporation holding license. If you want to
transfer control of a corporation, which holds one or more licenses
voluntarily or involuntarily ( de jure or de facto ), you must submit an FCC
Form 312, Main Form and Schedule A. You must file these forms electronically
through IBFS. For involuntary transfers, you must file your application
within 10 days of the event causing the transfer of control. You can also
use FCC Form 312, Main Form and Schedule A for non-substantial ( pro forma )
transfers of control.
(e) Whenever a group of station licenses in the same radio service for the
same class of facility licensed to the same entity is to be assigned or
transferred to a single assignee or transferee, a single application may be
filed to cover the entire group, if the application identifies in an exhibit
each station by call sign, station location and expiration date of license.
(f) Assignments and transfers of control shall be completed within 60 days
from the date of authorization. Within 30 days of consumation, the
Commission shall be notified by letter of the date of consummation and the
file numbers of the applications involved in the transaction.
(g) The Commission retains discretion in reviewing assignments and transfers
of control of space station licenses to determine whether the initial
license was obtained in good faith with the intent to construct a satellite
system.
[ 56 FR 24016 , May 20, 1991; 56 FR 29757 , June 20, 1991. Redesignated and
amended at 62 FR 5928 , 5929, Feb. 10, 1997; 68 FR 51503 , Aug. 27, 2003; 69 FR 29901 , May 26, 2004]
§ 25.120 Application for special temporary authorization.
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(a) In circumstances requiring immediate or temporary use of facilities,
request may be made for special temporary authority to install and/or
operate new or modified equipment. The request must contain the full
particulars of the proposed operation including all facts sufficient to
justify the temporary authority sought and the public interest therein. No
request for temporary authority will be considered unless it is received by
the Commission at least 3 working days prior to the date of proposed
construction or operation or, where an extension is sought, the expiration
date of the existing temporary authorization. A request received within less
than 3 working days may be accepted only upon due showing of extraordinary
reasons for the delay in submitting the request which could not have been
earlier foreseen by the applicant. A copy of the request for special
temporary authority also shall be forwarded to the Commission's Columbia
Operations Center, 9200 Farm House Lane, Columbia, MD 21046–1609.
(b)(1) The Commission may grant a temporary authorization only upon a
finding that there are extraordinary circumstances requiring temporary
operations in the public interest and that delay in the institution of these
temporary operations would seriously prejudice the public interest.
Convenience to the applicant, such as marketing considerations or meeting
scheduled customer in-service dates, will not be deemed sufficient for this
purpose.
(2) The Commission may grant a temporary authorization for a period not to
exceed 180 days, with additional periods not exceeding 180 days, if the
Commission has placed the special temporary authority (STA) request on
public notice.
(3) The Commission may grant a temporary authorization for a period not to
exceed 60 days, if the STA request has not been placed on public notice, and
the applicant plans to file a request for regular authority for the service.
(4) The Commission may grant a temporary authorization for a period not to
exceed 30 days, if the STA request has not been placed on public notice, and
an application for regular authority is not contemplated.
(c) Each application proposing construction of one or more earth station
antennas or alteration of the overall height of one or more existing earth
station antenna structures, where FAA notification prior to such
construction or alteration is required by part 17 of this chapter, must
include the FCC Antenna Structure Registration Number(s) for the affected
satellite earth station antenna(s). If no such number has been assigned at
the time the application(s) is filed, the applicant must state in the
application whether the satellite earth station antenna owner has notified
the FAA of the proposed construction or alteration and applied to the FCC
for an Antenna Structure Registration Number in accordance with part 17 of
this chapter. Applications proposing construction of one or more earth
station antennas or alteration of the overall height of one or more existing
earth station antennas, where FAA notification prior to such construction or
alteration is not required by part 17 of this chapter, must indicate such
and, unless the satellite earth station antenna is 6.10 meters or less above
ground level (AGL), must contain a statement explaining why FAA notification
is not required.
[ 56 FR 24016 , May 28, 1991, as amended at 61 FR 4367 , Feb. 6, 1996.
Redesignated and amended at 62 FR 5928 , 5929, Feb. 10, 1997; 66 FR 9973 ,
Feb. 13, 2001; 68 FR 51503 , Aug. 27, 2003]
§ 25.121 License term and renewals.
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(a) License term. (1) Except for licenses for DBS space stations and 17/24
GHz BSS space stations licensed as broadcast facilities, licenses for
facilities governed by this part will be issued for a period of 15 years.
(2) Licenses for DBS space stations and 17/24 GHz BSS space stations
licensed as broadcast facilities will be issued for a period of 8 years.
Licenses for DBS space stations not licensed as broadcast facilities will be
issued for a period of 10 years.
(b) The Commission reserves the right to grant or renew station licenses for
less than 15 years if, in its judgment, the public interest, convenience and
necessity will be served by such action.
(c) For earth stations, the license term will be specified in the instrument
of authorization.
(d) Space stations. (1) For geostationary satellite orbit satellites, the
license term will begin at 3 a.m. EST on the date the licensee certifies to
the Commission that the satellite has been successfully placed into orbit
and that the operations of the satellite fully conform to the terms and
conditions of the space station radio authorization.
(2) For non-geostationary satellite orbit satellites, the license term will
begin at 3 a.m. EST on the date that the licensee certifies to the
Commission that its initial space station has been successfully placed into
orbit and that the operations of that satellite fully conform to the terms
and conditions of the space station system authorization. All space stations
launched and brought into service during the 15-year license term shall
operate pursuant to the system authorization, and the operating authority
for all space stations will terminate upon the expiration of the system
license.
(e) Renewal of licenses. Applications for renewals of earth station licenses
must be submitted on FCC Form 312R no earlier than 90 days, and no later
than 30 days, before the expiration date of the license. Applications for
space station system replacement authorization for non-geostationary orbit
satellites shall be filed no earlier than 90 days, and no later than 30
days, prior to the end of the twelfth year of the existing license term.
[ 56 FR 24016 , May 28, 1991, as amended at 58 FR 68059 , Dec. 23, 1993; 59 FR 53327 , Oct. 21, 1994. Redesignated and amended at 62 FR 5928 , 5929, Feb. 10,
1997; 65 FR 59142 , Oct. 4, 2000; 67 FR 12485 , Mar. 19, 2002; 67 FR 51113 ,
Aug. 7, 2002; 68 FR 51503 , Aug. 27, 2003; 68 FR 63999 , Nov. 12, 2003; 72 FR 50027 , Aug. 29, 2007]
§ 25.129 Equipment authorization for portable earth-station transceivers.
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(a) Except as expressly permitted by §2.803 or §2.1204 of this chapter,
prior authorization must be obtained pursuant to the equipment certification
procedure in part 2, Subpart J of this chapter for importation, sale or
lease in the United States, or offer, shipment, or distribution for sale or
lease in the United States of portable earth-station transceivers subject to
regulation under part 25. This requirement does not apply, however, to
devices imported, sold, leased, or offered, shipped, or distributed for sale
or lease before November 20, 2004.
(b) For purposes of this section, an earth-station transceiver is portable
if it is a “portable device” as defined in §2.1093(b) of this chapter, i.e.,
if its radiating structure(s) would be within 20 centimeters of the
operator's body when the transceiver is in operation.
(c) In addition to the information required by §1.1307(b) and §2.1033(c) of
this chapter, applicants for certification required by this section shall
submit any additional equipment test data necessary to demonstrate
compliance with pertinent standards for transmitter performance prescribed
in §25.138, §25.202(f), §25.204, §25.209, and §25.216 and shall submit the
statements required by §2.1093(c) of this chapter.
(d) Applicants for certification required by this section must submit
evidence that the devices in question are designed for use with a satellite
system that may lawfully provide service to users in the United States
pursuant to an FCC license or order reserving spectrum.
[ 69 FR 5709 , Feb. 6, 2004]
Earth Stations
top
§ 25.130 Filing requirements for transmitting earth stations.
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(a) Applications for a new or modified transmitting earth station facility
shall be submitted on FCC Form 312, Main Form and Schedule B, accompanied by
any required exhibits, except for those earth station applications filed on
FCC Form 312EZ pursuant to §25.115(a). All such earth station license
applications must be filed electronically through the International Bureau
Filing System (IBFS) in accordance with the applicable provisions of part 1,
subpart Y of this chapter. Additional filing requirements for ESVs are
described in §§25.221 and 25.222. In addition, applicants not required to
submit applications on Form 312EZ, other than ESV applicants, must submit
the following information to be used as an “informative” in the public
notice issued under §25.151 as an attachment to their application:
(1) A detailed description of the service to be provided, including
frequency bands and satellites to be used. The applicant must identify
either the specific satellite(s) with which it plans to operate, or the
eastern and western boundaries of the arc it plans to coordinate.
(2) The diameter or equivalent diameter of the antenna.
(3) Proposed power and power density levels.
(4) Identification of any random access technique, if applicable.
(5) Identification of a specific rule or rules for which a waiver is
requested.
(b) A frequency coordination analysis in accordance with §25.203 shall be
provided for earth stations transmitting in the frequency bands shared with
equal rights between terrestrial and space services, except that
applications 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 the
1.6/2.4 GHz Mobile-Satellite Service shall demonstrate that user transceiver
operations comply with the requirements set forth in §25.213.
(c) In those cases where an applicant is filing a number of essentially
similar applications, showings of a general nature applicable to all of the
proposed stations may be submitted in the initial application and
incorporated by reference in subsequent applications.
(d) Transmissions of signals or programming to non-U.S. licensed satellites,
and to and/or from foreign points by means of U.S.-licensed fixed satellites
may be subject to restrictions as a result of international agreements or
treaties. The Commission will maintain public information on the status of
any such agreements.
(e) Each application proposing construction of one or more earth station
antennas or alteration of the overall height of one or more existing earth
station antennas, where FAA notification prior to such construction or
alteration is required by part 17 of this chapter, must include the FCC
Antenna Structure Registration Number(s) for the affected satellite earth
station antenna(s). If no such number has been assigned at the time the
application(s) is filed, the applicant must state in the application whether
the satellite earth station antenna owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an antenna
Structure Registration Number in accordance with part 17 of this chapter.
Applications proposing construction of one or more earth station antennas or
alteration of the overall height of one or more existing earth station
antennas, where FAA notification prior to such construction or notification
or alteration is not required by part 17 of this chapter, must indicate such
and, unless the satellite earth station antenna is 6.10 meters or less above
ground level (AGL), must contain a statement explaining why FAA notification
is not required.
(f) Applicants seeking to operate in a shared government/non-government band
must provide the half-power beam width of their proposed earth station
antenna, as an attachment to their applications.
[ 56 FR 24016 , May 28, 1991, as amended at 58 FR 68059 , Dec. 23, 1993; 59 FR 53327 , Oct. 21, 1994; 61 FR 4367 , Feb. 6, 1996; 61 FR 9952 , Mar. 12, 1996;
62 FR 5929 , Feb. 10, 1997; 62 FR 64172 , Dec. 4, 1997; 69 FR 29901 , May 26,
2004; 69 FR 47795 , Aug. 6, 2004; 70 FR 4783 , Jan. 31, 2005; 70 FR 32253 ,
June 2, 2005]
§ 25.131 Filing requirements for receive-only earth stations.
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(a) Except as provided in paragraphs (b) and (j) of this section, and
§25.115(a), applications for a license for a receive-only earth station
shall be submitted on FCC Form 312, Main Form and Schedule B, accompanied by
any required exhibits and the information described in §§25.130(a)(1)
through 25.130(a)(5). All such earth station license applications must be
filed electronically through the International Bureau Filing System (IBFS)
in accordance with the applicable provisions of part 1, subpart Y of this
chapter.
(b) Except as provided in paragraph (j) of this section, receive-only earth
stations in the fixed-satellite service that operate with U.S.-licensed
satellites may be registered with the Commission in order to protect them
from interference from terrestrial microwave stations in bands shared
co-equally with the fixed service in accordance with the procedures of
§§25.203 and 25.251.
(c) Licensing or registration of receive-only earth stations with the
Commission confers no authority to receive and use signals or programming
received from satellites. See section 705 of the Communications Act. 47
U.S.C. 605.
(d) Applications for registration shall be filed on FCC Form 312, Main Form
and Schedule B, accompanied by the coordination exhibit required by §25.203,
and any other required exhibits. Any application that is deficient or
incomplete in any respect shall be immediately returned to the applicant
without processing.
(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 authorized
in accordance with §1.45 of this chapter.
(f) The registration of a receive-only earth station results in the listing
of an authorized frequency band at the location specified in the
registration. Interference protection levels are those agreed to during
coordination.
(g) Reception of signals or programming from non-U.S. satellites may be
subject to restrictions as a result of international agreements or treaties.
The Commission will maintain public information on the status of any such
agreements.
(h) Registration term: Registrations for receive-only earth stations
governed by this section will be issued for a period of 15 years from the
date on which the application was filed. Applications for renewals of
registrations must be submitted on FCC Form 312R (Application for Renewal of
Radio Station License in Specified Services) no earlier than 90 days and no
later than 30 days before the expiration date of the registration.
(i) Applications for modification of license or registration of receive-only
earth stations shall be made in conformance with §§25.117 and 25.118. In
addition, registrants are required to notify the Commission when a
receive-only earth station is no longer operational or when it has not been
used to provide any service during any 6-month period.
(j)(1) Except as set forth in paragraph (j)(2) of this section, receive-only
earth stations operating with non-U.S. licensed space stations shall file an
FCC Form 312 requesting a license or modification to operate such station.
(2) Receive-only earth stations used to receive transmissions from
non-U.S.-licensed space stations on the Permitted Space Station List need
not file for licenses, provided that:
(i) The earth station antenna meets the antenna performance standards set
forth in §§25.209(a) and (b), and
(ii) The space station operator and earth station operator comply with all
applicable rules set forth in this chapter, and the conditions on the
Permitted Space Station List applicable to that space station.
[ 56 FR 24016 , May 28, 1991, as amended at 61 FR 9952 , Mar. 12, 1996; 62 FR 5929 , Feb. 10, 1997; 62 FR 64172 , Dec. 4, 1997; 65 FR 58466 , Sept. 29, 2000;
67 FR 12485 , Mar. 19, 2002; 68 FR 62249 , Nov. 3, 2003; 68 FR 63999 , Nov. 12,
2003; 69 FR 29901 , May 26, 2004; 69 FR 47795 , Aug. 6, 2004; 70 FR 32253 ,
June 2, 2005]
§ 25.132 Verification of earth station antenna performance standards.
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(a)(1) All applications for transmitting earth stations, except for earth
stations operating in the 20/30 GHz band, must be accompanied by a
certificate pursuant to §2.902 of this chapter from the manufacturer of each
antenna that the results of a series of radiation pattern tests performed on
representative equipment in representative configurations by the
manufacturer demonstrates that the equipment complies with the performance
standards set forth in §25.209. The licensee must be prepared to demonstrate
the measurements to the Commission on request.
(2) All applications for transmitting earth stations operating in the 20/30
GHz band must be accompanied by the measurements specified in §§25.138(d)
and (e).
(b)(1) In order to demonstrate compliance with §25.209 (a) and (b), the
following measurements on a production antenna performed on calibrated
antenna range, as a minimum, shall be made at the bottom, middle and top of
each allocated frequency band and submitted to the Commission:
(i) Co-polarized patterns for each of two orthogonal senses of polarizations
in two orthogonal cuts of the antenna.
(A) In the azimuth plane, plus and minus 7 degrees and plus and minus 180
degrees.
(B) In the elevation plane, zero to forty-five degrees.
(ii) Cross-polarization patterns in the E- and H-planes, plus and minus 9
degrees.
(iii) Main beam gain.
(2) The FCC envelope specified in §25.209 shall be superimposed on each
pattern. The minimum tests specified above are recognized as representative
of the performance of the antenna in most planes although some increase in
sidelobe levels should be expected in the spar planes and orthogonal spar
planes.
(3) Applicants seeking authority to use an antenna that does not meet the
standards set forth in §§25.209(a) and (b) of this part, pursuant to the
procedure set forth in §25.220 or §25.223(c) of this part, are required to
submit a copy of the manufacturer's range test plots of the antenna gain
patterns specified in paragraph (b)(1) of this section.
(c) The tests specified in paragraph (b) of this section are normally
performed at the manufacturer's facility; but for those antennas that are
very large and only assembled on-site, on-site measurements may be used for
product qualification data. If on-site data is to be used for qualification,
the test frequencies and number of patterns should follow, where possible,
the recommendations in paragraph (b) of this section, and the test data is
to be submitted in the same manner as described in paragraph (a) of this
section.
(d) For each new or modified transmitting antenna over 3 meters in diameter,
the following on-site verification measurements must be completed at one
frequency on an available transponder in each frequency band of interest and
submitted to the Commission.
(1) Co-polarized patterns in the elevation plane, plus and minus 7 degrees,
in the transmit band.
(2) Co-polarized patterns in the azimuth and elevation planes, plus and
minus 7 degrees, in the receive band.
(3) System cross-polarization discrimination on-axis. The FCC envelope
specified in §25.209 shall be superimposed on each pattern. The transmit
patterns are to be measured with the aid of a co-operating earth station in
coordination with the satellite system control center under the provisions
of §25.272.
(e) Certification that the tests required by paragraph (c) of this section
have been satisfactorily performed shall be provided to the Commission in
notification that construction of the facilities has been completed as
required by §25.133.
(f) Antennas less than 3 meters in diameter and antennas on simple (manual)
drive mounts that are operated at a fixed site are exempt from the
requirements of paragraphs (c) and (d) of this section provided that a
detailed technical showing is made that confirms proper installation,
pointing procedures, and polarization alignment and manufacturing quality
control. These showing must also include a plan for periodic testing and
field installation procedures and precautions.
(g) Records of the results of the tests required by this section must be
maintained at the antenna site or the earth station operator's control
center and be available for inspection.
[ 58 FR 13419 , Mar. 11, 1993, as amended at 69 FR 5710 , Feb. 6, 2004; 70 FR 32253 , June 2, 2005; 72 FR 50028 , Aug. 29, 2007]
§ 25.133 Period of construction; certification of commencement of operation.
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(a)(1) Each license for an earth station governed by this part, except for
mobile satellite earth station terminals (METs), shall specify as a
condition therein the period in which construction of facilities must be
completed and station operation commenced. Construction of the earth station
must be completed and the station must be brought into operation within 12
months from the date of the license grant except as may be determined by the
Commission for any particular application.
(2) Each license for mobile satellite earth station terminals (METs) shall
specify as a condition therein the period in which station operation must be
commenced. The networks in which the METs will be operated must be brought
into operation within 12 months from the date of the license grant except as
may be determined by the Commission for any particular application.
(b)(1) Each license for a transmitting earth station included in this part,
except for earth stations licensed under a blanket licensing provision,
shall also specify as a condition therein that upon the completion of
construction, each licensee must file with the Commission a certification
containing the following information:
(i) The name of the licensee;
(ii) File number of the application;
(iii) Call sign of the antenna;
(iv) Date of the license;
(v) A certification that the facility as authorized has been completed and
that each antenna facility has been tested and is within 2 dB of the pattern
specified in §25.209, §25.135 (NVNG MSS earth stations), or §25.213 (1.6/2.4
GHz Mobile-Satellite Service earth stations);
(vi) The date on which the earth station became operational; and
(vii) A statement that the station will remain operational during the
license period unless the license is submitted for cancellation.
(2) For earth stations authorized under any blanket licensing provision in
this chapter, a certification containing the information in paragraph (b)(1)
of this section must be filed when the network is put into operation.
(c) If the facility does not meet the technical parameters set forth in
§25.209, a request for a waiver must be submitted and approved by the
Commission before operations may commence.
(d) Each receiving earth station licensed or registered pursuant to §25.131
must be constructed and placed into service within 6 months after
coordination has been completed. Each licensee or registrant must file with
the Commission a certification that the facility is completed and operating
as provided in paragraph (b) of this section, with the exception of
certification of antenna patterns.
[ 56 FR 24016 , May 28, 1991, as amended at 58 FR 68059 , Dec. 23, 1993; 59 FR 53327 , Oct. 21, 1994; 65 FR 59142 , Oct. 4, 2000; 70 FR 32254 , June 2, 2005]
§ 25.134 Licensing provisions of Very Small Aperture Terminal (VSAT) and
C-band Small Aperture Terminal (CSAT) networks.
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(a)(1) VSAT networks operating in the 12/14 GHz bands. All applications for
digital VSAT networks granted on or before September 15, 2005, with a
maximum outbound downlink EIRP density of +10.0 dBW/4 kHz per carrier and
earth station antennas with maximum input power density of -14 dBW/4 kHz
will be processed routinely. All applications for analog VSAT networks with
maximum outbound downlink power densities of +17.0 dBW/4 kHz per carrier and
maximum antenna input power densities of -8.0 dBW/4 kHz shall be processed
routinely in accordance with Declaratory Order in the Matter of Routine
Licensing of Earth Stations in the 6 GHz and 14 GHz Bands Using Antennas
Less than 9 Meters and 5 Meters in Diameter, Respectively, for Both Full
Transponder and Narrowband Transmissions, 2 FCC Rcd 2149 (1987) (Declaratory
Order).
(a)(2) Large Networks of Small Antennas operating in the 4/6 GHz frequency
bands. All applications for digital and/or analog operations will be
routinely processed provided the network employs antennas that are 4.5 meter
or larger in diameter, that are consistent with §25.209, the power levels
are consistent with §§25.211(d) and 25.212(d), and frequency coordination
has been satisfactorily completed. The use of smaller antennas or
non-consistent power levels require the filing of an initial lead
application (§25.115(c)(2)) that includes all technical analyses required to
demonstrate that unacceptable interference will not be caused to any and all
affected adjacent satellite operators by the operation of the non-conforming
earth station.
(b) VSAT networks operating in the 11.7–12.2 GHz and 14.0–14.5 GHz band.
Each applicant for digital and/or analog VSAT network authorization
proposing to use transmitted satellite carrier EIRP densities and/or maximum
antenna input power in excess of those specified in paragraph (a) of this
Section must comply with the procedures set forth in §25.220.
(c) [Reserved]
(d) An application for VSAT authorization shall be filed on FCC Form 312,
Main Form and Schedule B.
(e) VSAT operators in the 11.7–12.2 GHz and 14.0–14.5 GHz frequency bands
are permitted to use more than one hub earth station in their networks.
(f) VSAT operators in the 11.7–12.2 GHz and 14.0–14.5 GHz frequency bands
are permitted to use temporary fixed earth stations as either hub earth
stations or remote earth stations in their networks, but must specify the
number of temporary fixed earth stations they plan to use in their networks
at the time of their applications.
(g) Starting March 10, 2005, all applications for VSAT service in the 12/14
GHz band that meet the following requirements will be routinely processed:
(1) The maximum transmitter power spectral density of a digital modulated
carrier into any GSO FSS earth station antenna shall not exceed −14.0 −
10log(N) dB(W/4 kHz). For a VSAT network using frequency division multiple
access (FDMA) or time division multiple access (TDMA) technique, N is equal
to one. For a VSAT network using code division multiple access (CDMA)
technique, N is the maximum number of co-frequency simultaneously
transmitting earth stations in the same satellite receiving beam.
(2) The maximum GSO FSS satellite EIRP spectral density of the digital
modulated emission shall not exceed 10 dB (W/4kHz) for all methods of
modulation and accessing techniques.
(3) The maximum transmitter power spectral density of an analog carrier into
any GSO FSS earth station antenna shall not exceed −8.0 dB(W/4kHz) and the
maximum GSO FSS satellite EIRP spectral density shall not exceed +17.0
dB(W/4kHz).
(h) VSAT operators licensed pursuant to this section are prohibited from
using remote earth stations in their networks that are not designed to stop
transmissions from their remote earth stations when synchronization with the
target satellite fails.
[ 56 FR 66001 , Dec. 20, 1991, as amended at 62 FR 5929 , Feb. 10, 1997; 66 FR 31560 , June 12, 2001; 70 FR 32254 , June 2, 2005; 70 FR 33376 , June 8, 2005]
§ 25.135 Licensing provisions for earth station networks in the non-voice,
non-geostationary mobile-satellite service.
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(a) Each applicant for a blanket earth station license in the non-voice,
non-geostationary mobile-satellite service shall demonstrate that
transceiver operations will not cause unacceptable interference to other
authorized users of the spectrum, based on existing system information
publicly available at the Commission at the time of filing, and will comply
with operational conditions placed upon the systems with which they are to
operate in accordance with §25.142(b). This demonstration shall include a
showing as to all the technical parameters, including duty cycle and power
limits, under which the individual user transceivers will operate.
(b) Transceiver units associated with the non-voice, non-geostationary
mobile-satellite service may not be operated on civil aircraft. All portable
or hand-held transceiver units (including transceiver units installed in
other devices that are themselves portable or hand-held) having a receiver
operating in the 137–138 MHz band shall bear the following statement in a
conspicuous location on the device: “This device may not be operated while
on board a civil aircraft. It must be turned off at all times while on board
such an aircraft.” This subsection shall not apply to transceiver units
whose receivers are incapable of radiating in the 108–137 MHz frequency
bands.
(c) Transceiver units in this service are authorized to communicate with and
through U.S. authorized space stations only. No person without an FCC
license for such operation may transmit to a space station in this service
from anywhere in the United States except to receive service from the holder
of a pertinent FCC blanket license or from another party with the permission
of such a blanket licensee.
(d) The holder of an FCC blanket license for operation of transceivers for
communication via a non-voice, non-geostationary mobile-satellite system
shall be responsible for operation of any such transceiver to receive
service provided by the blanket licensee or provided by another party with
the blanket licensee's consent. Operators of non-voice, non-geostationary
mobile-satellite systems shall not transmit communications to or from user
transceivers in the United States unless such communications are authorized
under a service contract with the holder of a pertinent FCC blanket license
or under a service contract another party with authority for such
transceiver operation delegated by such a blanket licensee.
[ 58 FR 68059 , Dec. 23, 1993, as amended at 69 FR 5710 , Feb. 6, 2004]
§ 25.136 Licensing provisions for user transceivers in the 1.6/2.4 GHz,
1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.
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In addition to the technical requirements specified in §25.213, earth
stations operating in the 1.6/2.4 GHz and 1.5/1.6 GHz Mobile Satellite
Services are subject to the following operating conditions:
(a) User transceiver units associated with the 1.6/2.4 GHz Mobile-Satellite
Service or 2 GHz Mobile-Satellite Service may not be operated on civil
aircraft unless the earth station has a direct physical connection to the
aircraft cabin or cockpit communication system.
(b) No person without an FCC license for such operation may transmit to a
space station in this service from anywhere in the United States except to
receive service from the holder of a pertinent FCC blanket license or from
another party with the permission of such a blanket licensee.
(c) The holder of an FCC blanket license for operation of transceivers for
communication via a 1.6/2.4 GHz, 1.5/1.6 GHz, or 2 GHz Mobile Satellite
Service system shall be responsible for operation of any such transceiver to
receive service provided by that licensee or provided by another party with
the blanket licensee's consent. Operators of such satellite systems shall
not transmit communications to or from user transceivers in the United
States unless such communications are authorized under a service contract
with the holder of a pertinent FCC blanket license for transceiver operation
or under a service contract with another party with authority for such
transmission delegated by such a blanket licensee.
(d) Any mobile earth station (MES) associated with the Mobile Satellite
Service operating in the 1530–1544 MHz and 1626.5–1645.5 MHz bands shall
have the following minimum set of capabilities to ensure compliance with
Footnote S5.353A and the priority and real-time preemption requirements
imposed by Footnote US315.
(1) All MES transmissions shall have a priority assigned to them that
preserves the priority and preemptive access given to maritime distress and
safety communications sharing the band.
(2) Each MES with a requirement to handle maritime distress and safety data
communications shall be capable of either:
(i) Recognizing message and call priority identification when transmitted
from its associated Land Earth Station (LES) or
(ii) Accepting message and call priority identification embedded in the
message or call when transmitted from its associated LES and passing the
identification to shipboard data message processing equipment.
(3) Each MES shall be assigned a unique terminal identification number that
will be transmitted upon any attempt to gain access to a system.
(4) After an MES has gained access to a system, the mobile terminal shall be
under control of a LES and shall obtain all channel assignments from it.
(5) All MESs that do not continuously monitor a separate signalling channel
or signalling within the communications channel shall monitor the signalling
channel at the end of each transmission.
(6) Each MES shall automatically inhibit its transmissions if it is not
correctly receiving separate signalling channel or signalling within the
communications channel from its associated LES.
(7) Each MES shall automatically inhibit its transmissions on any or all
channels upon receiving a channel-shut-off command on a signalling or
communications channel it is receiving from its associated LES.
(8) Each MES with a requirement to handle maritime distress and safety
communications shall have the capability within the station to automatically
preempt lower precedence traffic.
(e) Any Land Earth Station (LES) associated with the Mobile Satellite
Service operating in the 1530–1544 MHz and 1626.5–1645.5 MHz bands shall
have the following minimum set of capabilities to ensure that the MSS system
complies with Footnote S5.353A and the priority and real-time preemption
requirements imposed by Footnote US315. It should be noted that the LES
operates in the Fixed-Satellite Service (“FSS”) as a feeder-link for the MSS
(Radio Regulations 71) and that the following capabilities are to facilitate
the priority and preemption requirements. The FSS feeder-link stations
fulfilling these MSS requirements shall not have any additional priority
with respect to FSS stations operating with other FSS systems.
(1) All LES transmissions to mobile earth stations (MESs) shall have a
priority assigned to them that preserves the priority and preemptive access
given to maritime distress and safety communications.
(2) The LES shall recognize the priority of calls to and from MES and make
channel assignments taking into account the priority access that is given to
maritime distress and safety communications.
(3) The LES shall be capable of receiving the MES identification number when
transmitted and verifying that it is an authorized user of the system to
prohibit unauthorized access.
(4) The LES shall be capable of transmitting channel assignment commands to
the MESs.
(5) The communications channels used between the LES and the MES shall have
provision for signalling within the voice/data channel, for an MES, which
does not continuously monitor the LES signalling channel during the time of
a call.
(6) The LES shall transmit periodic control signalling signals to MES, which
do not continuously monitor the LES signalling channel.
(7) The LES shall automatically inhibit all transmissions to MESs to which
it is not transmitting a signalling channel or signalling within the
communications channel.
(8) The LES shall be capable of transmitting channel-shut-off commands to
the MESs on signalling or communications channels.
(9) Each LES shall be capable of interrupting, and if necessary, preempting
ongoing routine traffic from an MES in order to complete a maritime
distress, urgency or safety call to that particular MES.
(10) Each LES shall be capable of automatically turning off one or more of
its associated channels in order to complete a maritime distress, urgency or
safety call.
(f) Incorporation of ancillary terrestrial component base station into an
L-band mobile-satellite service system. Any licensee authorized to construct
and launch an L-band mobile-satellite system may construct ancillary
terrestrial component (ATC) base stations as defined in §25.201 at its own
risk and subject to the conditions specified in this subpart any time after
commencing construction of the mobile-satellite service system.
(g) Pre-operational build-out and testing. An MSS licensee may, without
further authority from the Commission and at its own risk engage in
pre-operational build-out and, conduct equipment tests for the purpose of
making such adjustments and measurements as may be necessary to assure
compliance with the terms of the technical provisions of its MSS license,
ATC operation requirements, the rules and regulations in this Part and the
applicable engineering standards. Prior to engaging in such pre-operational
build-out and testing, an MSS licensee must notify the Commission concerning
the initiation of MSS system satellite construction and the MSS operator's
intent to construct and test ATC facilities. This notification must take the
form of a letter formally filed with the Commission in the appropriate MSS
license docket. Such letter shall specify the frequencies on which the MSS
licensee proposes to engage in pre-operational testing and shall specify the
name, address, telephone number and other such information as may be
necessary to contact a MSS licensee representative for the reporting and
mitigation of any interference that may occur as a result of such
pre-operational testing and build-out. MSS licensees engaging in
pre-operational build-out and testing must also comply with §§5.83, 5.85(c),
5.111, and 5.117 of this chapter relating to experimental operations. An MSS
licensee may not offer ATC service to the public for compensation during
pre-operational testing. In order to operate any ATC base stations, such a
licensee must meet all the requirements set forth in §25.147 and must have
been granted ATC authority.
(h) Aircraft. All portable or hand-held transceiver units (including
transceiver units installed in other devices that are themselves portable or
hand-held) having operating capabilities in the 1626.5–1660.5 MHz and
1525–1559 MHz bands shall bear the following statement in a conspicuous
location on the device: “This device may not be operated while on board
aircraft. It must be turned off at all times while on board aircraft.”
[ 65 FR 59142 , Oct. 4, 2000, as amended at 67 FR 46604 , July 16, 2002; 67 FR 51110 , Aug. 7, 2002; 68 FR 43645 , July 24, 2003; 68 FR 47858 , Aug. 12, 2003;
69 FR 5710 , Feb. 6, 2004]
§ 25.137 Application requirements for earth stations operating with non-U.S.
licensed space stations.
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(a) Earth station applicants or entities filing a “letter of intent” or
“Petition for Declaratory Ruling” requesting authority to operate with a
non-U.S. licensed space station to serve the United States must attach an
exhibit with their FCC Form 312 application with information demonstrating
that U.S.-licensed satellite systems have effective competitive
opportunities to provide analogous services in:
(1) The country in which the non-U.S. licensed space station is licensed;
and
(2) All countries in which communications with the U.S. earth station will
originate or terminate. The applicant bears the burden of showing that there
are no practical or legal constraints that limit or prevent access of the
U.S. satellite system in the relevant foreign markets. The exhibit required
by this paragraph must also include a statement of why grant of the
application is in the public interest. This paragraph shall not apply with
respect to requests for authority to operate using a non-U.S. licensed
satellite that is licensed by or seeking a license from a country that is a
member of the World Trade Organization for services covered under the World
Trade Organization Basic Telecommunications Agreement.
(b) Earth station applicants, or entities filing a “letter of intent,” or
“Petition for Declaratory Ruling,” requesting authority to operate with a
non-U.S. licensed space station must attach to their FCC Form 312 an exhibit
providing legal and technical information for the non-U.S. licensed space
station in accordance with part 25. Applications addressed in this paragraph
must be filed electronically through the International Bureau Filing System
(IBFS).
(c) A non-U.S. licensed NGSO-like satellite system seeking to serve the
United States can be considered contemporaneously with other U.S. NGSO-like
satellite system pursuant to §25.157 and considered before later-filed
applications of other U.S. satellite system operators, and a
non-U.S.-licensed GSO-like satellite system seeking to serve the United
States can have its request placed in a queue pursuant to §25.158 and
considered before later-filed applications of other U.S. satellite system
operators, if the non-U.S. licensed satellite system is:
(1) In orbit and operating;
(2) Has a license from another administration; or
(3) Has been submitted for coordination to the International
Telecommunication Union.
(d) Earth station applicants requesting authority to operate with a
non-U.S.-licensed space station and non-U.S.-licensed satellite operators
filing letters of intent or petitions for declaratory ruling to access the
U.S. market must demonstrate that the non-U.S.-licensed space station has
complied with all applicable Commission requirements for non-U.S. licensed
systems to operate in the United States, including but not limited to the
following:
(1) Milestones;
(2) Reporting requirements;
(3) Any other applicable service rules;
(4) For non-U.S.-licensed satellites that are not in orbit and operating, a
bond must be posted. This bond must be in the amount of $5 million for NGSO
satellite systems, or $3 million for GSO satellites, denominated in U.S.
dollars, and compliant with the terms of §25.165 of this chapter. The party
posting the bond will be permitted to reduce the amount of the bond upon a
showing that a milestone has been met, in accordance with the terms of
§25.165(d) of this chapter.
(5) Non-U.S. licensed GSO-like space station operators with a total of five
requests for access to the U.S. market in a particular frequency band, or a
total of five previously granted requests for access to the U.S. market with
unbuilt GSO-like space stations in a particular frequency band, or a
combination of pending GSO-like requests and granted requests for unbuilt
GSO-like space stations in a particular frequency band that equals five,
will not be permitted to request access to the U.S. market with another
GSO-like space station license in that frequency band. In addition,
non-U.S.-licensed NGSO-like satellite system operators with one request on
file with the Commission in a particular frequency band, or one granted
request for an unbuilt NGSO-like satellite system in a particular frequency
band, will not be permitted to request access to the U.S. market with
another NGSO-like satellite system in that frequency band.
(e) A non-U.S.-licensed satellite operator that is seeking to serve the
United States pursuant to a Letter of Intent may amend its request by
submitting an additional Letter of Intent. Such additional Letters of Intent
will be treated as amendments filed by U.S. space station applicants for
purposes of determining the order in which the Letters of Intent will be
considered relative to other pending applications.
(f) A non-U.S.-licensed satellite operator that has been permitted to serve
the United States pursuant to a Letter of Intent or Petition for Declaratory
Ruling, may modify its U.S. operations under the procedures set forth in
§25.117(d). In addition, a non-U.S.-licensed satellite operator that has
been permitted to serve the United States pursuant to a Petition for
Declaratory Ruling, may modify its U.S. operations under the procedures set
forth in §25.118(e).
(g) A non-U.S.-licensed satellite operator that has been permitted to serve
the United States pursuant to a Petition for Declaratory Ruling must notify
the Commission if it plans to transfer control or assign its license to
another party, so that the Commission can afford interested parties an
opportunity to comment on whether the proposed transaction affects any of
the considerations we made when we allowed the satellite operator to enter
the U.S. market. If the transferee or assignee is not licensed by or seeking
a license from a country that is a member of the World Trade Organization
for services covered under the World Trade Organization Basic
Telecommunications Agreement, the non-U.S.-licensed satellite operator will
be required to make the showing described in paragraph (a) of this section.
[ 62 FR 64172 , Dec. 4, 1997, as amended at 64 FR 61792 , Nov. 15, 1999; 65 FR 16327 , Mar. 28, 2000; 65 FR 59143 , Oct. 4, 2000; 68 FR 51503 , Aug. 27, 2003;
68 FR 62249 , Nov. 3, 2003; 69 FR 51587 , Aug. 20, 2004]
§ 25.138 Blanket Licensing provisions of GSO FSS Earth Stations in the
18.3–18.8 GHz (space-to-Earth), 19.7–20.2 GHz (space-to-Earth), 28.35–28.6 GHz
(Earth-to-space), and 29.25–30.0 GHz (Earth-to-space) bands.
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(a) All applications for a blanket earth station license in the GSO FSS in
the 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 GHz, and 29.25–30.0 GHz bands
that meet the following requirements shall be routinely processed:
(1) GSO FSS earth station antenna off-axis EIRP spectral density for
co-polarized signals shall not exceed the following values, within ±3° of
the GSO arc, under clear sky conditions:
18.5–25log(Θ)–10log(N) dBW/40kHz for 2.0° ≤ Θ ≤ 7°
−2.63–10log(N) dBW/40kHz for 7° ≤ Θ ≤ 9.23°
21.5–25log(Θ)–10log(N) dBW/40kHz for 9.23° ≤ Θ ≤ 48°
−10.5–10log(N) dBW/40kHz for 48° < Θ ≤ 180°
Where:
Θ is the angle in degrees from the axis of the main lobe; for systems where
more than one earth station is expected to transmit simultaneously in the
same bandwidth, e.g., CDMA systems,
N is the likely maximum number of simultaneously transmitting co-frequency
earth stations in the receive beam of the satellite; N=1 for TDMA and FDMA
systems.
(2) GSO FSS earth station antenna off-axis EIRP spectral density for
co-polarized signals shall not exceed the following values, for all
directions other than within ±3° of the GSO arc, under clear sky conditions:
21.5–25log(Θ)–10log(N) dBW/40kHz for 3.5° ≤ Θ ≤ 7°
0.37–10log(N) dBW/40kHz for 7° < Θ ≤ 9.23°
24.5–25log(Θ)–10log(N) dBW/40kHz for 9.23° < Θ ≤ 48°
−7.5–10log(N) dBW/40kHz for 48° < Θ ≤ 180°
Where:
Θ: is the angle in degrees from the axis of the main lobe; for systems where
more than one earth station is expected to transmit simultaneously in the
same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-frequency
earth stations in the receive beam of the satellite; N=1 for TDMA and FDMA
systems.
(3) The values given in paragraphs (a) (1) and (2) of this section may be
exceeded by 3 dB, for values of Θ >10°, provided that the total angular
range over which this occurs does not exceed 20° when measured along both
sides of the GSO arc.
(4) GSO FSS earth station antenna off-axis EIRP spectral density for
cross-polarized signals shall not exceed the following values, in all
directions relative to the GSO arc, under clear sky conditions:
8.5–25log(Θ)–10log(N) dBW/40kHz for 2.0° ≤ Θ ≤ 7°
12.63–10log(N) dBW/40kHz for 7° < Θ ≤ 9.23°
Where:
Θ: is the angle in degrees from the axis of the main lobe; for systems where
more than one earth station is expected to transmit simultaneously in the
same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-frequency
earth stations in the receive beam of the satellite; N=1 for TDMA and FDMA
systems.
(5) For earth stations employing uplink power control, the values in
paragraphs (a) (1), (2), and (4) of this section may be exceeded by up to 20
dB under conditions of uplink fading due to precipitation. The amount of
such increase in excess of the actual amount of monitored excess attenuation
over clear sky propagation conditions shall not exceed 1.5 dB or 15 % of the
actual amount of monitored excess attenuation in dB, whichever is larger,
with a confidence level of 90 percent except over transient periods
accounting for no more than 0.5% of the time during which the excess is no
more than 4.0 dB.
(6) Power flux-density (PFD) at the Earth's surface produced by emissions
from a space station for all conditions, including clear sky, and for all
methods of modulation shall not exceed a level of −118 dBW/m^2 /MHz, in
addition to the limits specified in §25.208 (d).
(b) Each applicant for earth station license(s) that proposes levels in
excess of those defined in paragraph (a) of this section shall submit link
budget analyses of the operations proposed along with a detailed written
explanation of how each uplink and each transmitted satellite carrier
density figure is derived. Applicants shall also submit a narrative summary
which must indicate whether there are margin shortfalls in any of the
current baseline services as a result of the addition of the applicant's
higher power service, and if so, how the applicant intends to resolve those
margin short falls. Applicants shall certify that all potentially affected
parties (i.e., those GSO FSS satellite networks that are 2, 4, and 6 degrees
apart) acknowledge and do not object to the use of the applicant's higher
power densities.
(c) Licensees authorized pursuant to paragraph (b) of this section shall
bear the burden of coordinating with any future applicants or licensees
whose proposed compliant operations at 6 degrees or smaller orbital spacing,
as defined by paragraph (a) of this section, is potentially or actually
adversely affected by the operation of the non-compliant licensee. If no
good faith agreement can be reached, however, the non-compliant licensee
shall reduce its earth station and space station power density levels to be
compliant with those specified in paragraph (a) of this section.
(d) The applicant shall provide for each earth station antenna type, a
series of radiation patterns measured on a production antenna performed on a
calibrated antenna range and, as a minimum, shall be made at the bottom,
middle, and top frequencies of the 30 GHz band. The radiation patterns are:
(1) Co-polarized patterns for each of two orthogonal senses of polarizations
in two orthogonal planes of the antenna.
(i) In the azimuth plane, plus and minus 10 degrees and plus and minus 180
degrees.
(ii) In the elevation plane, zero to 30 degrees.
(2) Cross-polarization patterns in the E- and H-planes, plus and minus 10
degrees.
(3) Main beam gain.
(e) Protection of receive earth stations from adjacent satellite
interference is based on either the antenna performance specified in §25.209
(a) and (b), or the actual receiving earth station antenna performance, if
actual performance provides greater isolation from adjacent satellite
interference. For purposes of insuring the correct level of protection, the
applicant shall provide, for each earth station antenna type, the antenna
performance plots for the 20 GHz band, including the format specified in
paragraph (d) of this section.
(f) The earth station licensee shall not transmit towards a GSO FSS
satellite unless it has prior authorization from the satellite operator or a
space segment vendor authorized by the satellite operator. The specific
transmission shall be conducted in accordance with the operating protocol
specified by the satellite operator. The holder of an FCC blanket license
pursuant to this section shall be responsible for operation of any
transceiver to receive GSO FSS service provided by that licensee or provided
by another party with the blanket licensee's consent. Operators of GSO FSS
systems shall not transmit communications to or from user transceivers in
the United States unless such communications are authorized under a service
contract with the holder of a pertinent FCC blanket license or under a
service contract with another party with authority for such transceiver
operation delegated by such a blanket licensee.
(g) A licensee applying to renew its license must include on FCC Form 405
the number of constructed earth stations.
[ 65 FR 54169 , Sept. 7, 2000, as amended at 66 FR 63515 , Dec. 7, 2001; 68 FR 16966 , Apr. 8, 2003; 69 FR 5710 , Feb. 6, 2004]
§ 25.139 NGSO FSS coordination and information sharing between MVDDS
licensees in the 12.2 GHz to 12.7 GHz band.
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(a) NGSO FSS licensees shall maintain a subscriber database in a format that
can be readily shared with MVDDS licensees for the purpose of determining
compliance with the MVDDS transmitting antenna spacing requirement relating
to qualifying existing NGSO FSS subscriber receivers set forth in §101.129
of this chapter. This information shall not be used for purposes other than
set forth in §101.129 of this chapter. Only sufficient information to
determine compliance with §101.129 of this chapter is required.
(b) Within ten business days of receiving notification of the location of a
proposed MVDDS transmitting antenna, the NGSO FSS licensee shall provide
sufficient information from the database to enable the MVDDS licensee to
determine whether the proposed MVDDS transmitting site meets the minimum
spacing requirement.
(c) If the location of the proposed MVDDS transmitting antenna site does not
meet the separation requirements of §101.129 of this chapter, then the NGSO
FSS licensee shall also indicate to the MVDDS licensee within the same ten
day period specified in paragraph (b) of this section whether the proposed
MVDDS transmitting site is acceptable at the proposed location.
(d) Nothing in this section shall preclude NGSO FSS and MVDDS licensees from
entering into an agreement to accept MVDDS transmitting antenna locations
that are shorter-spaced from existing NGSO FSS subscriber receivers than the
distance set forth in §101.129 of this chapter.
[ 67 FR 43037 , June 26, 2002, as amended at 68 FR 43945 , July 25, 2003]
Space Stations
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§ 25.140 Qualifications of fixed-satellite space station licensees.
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(a) New fixed-satellites shall comply with the requirements established in
Report and Order, CC Docket No. 81–704 (available at address in §0.445 of
this chapter.) Applications must also meet the requirements in paragraphs
(b) through (d) of this section. The Commission may require additional or
different information in the case of any individual application.
Applications will be unacceptable for filing and will be returned to the
applicant if they do not meet the requirements referred to in this
paragraph.
(b) Each applicant for a space station authorization in the fixed-satellite
service must demonstrate, on the basis of the documentation contained in its
application, that it is legally, technically, and otherwise qualified to
proceed expeditiously with the construction, launch and/or operation of each
proposed space station facility immediately upon grant of the requested
authorization. Each applicant must provide the following information:
(1) The information specified in §25.114; and
(2) Except as set forth in paragraph (b)(3) of this section, all applicants
must provide an interference analysis to demonstrate the compatibility of
their proposed system 2 from any authorized space station. An applicant
should provide details of its proposed r.f. carriers which it believes
should be taken into account in this analysis. At a minimum, the applicant
must include, for each type of r.f. carrier, the link noise budget,
modulation parameters, and overall link performance analysis. (See, e.g. ,
appendices B and C to Licensing of Space Stations in the Domestic
Fixed-Satellite Service (available at address in Sec. 0.445)).
(3) Applicants for licenses for satellites in the 17/24 GHz BSS must provide
an interference analysis of the kind described in paragraph (b)(2) of this
section, except that the applicant must demonstrate the compatibility of its
proposed system 4° from any current or future authorized space station in
the 17/24 GHz BSS that complies with the technical rules in this part. The
link budget must take into account longitudinal stationkeeping tolerances
and any existing orbital location offsets from the nominal 17/24 GHz BSS
orbital locations of the adjacent prior-authorized 17/24 GHz BSS space
stations. In addition, any 17/24 GHz BSS satellite applicant that has
reached a coordination agreement with an operator of another 17/24 GHz BSS
satellite located up to ±10°away to allow that operator to exceed the pfd
levels specified in the rules for this service, must use those higher pfd
levels for the purposes of this showing.
(c) Any space station applicant for a space station authorization in the
17/24 GHz BSS must design its satellite network to be capable of operating
with another 17/24 GHz BSS satellite as close as four degrees away from its
17/24 GHz BSS satellite.
(d)–(g) [Reserved]
[ 62 FR 5929 , Feb. 10, 1997, as amended at 68 FR 51504 , Aug. 27, 2003; 72 FR 50028 , Aug. 29, 2007]
§ 25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
top
(a) Space station application requirements . (1) Each application for a
space station system authorization in the non-voice, non-geostationary
mobile-satellite service shall describe in detail the proposed non-voice,
non-geostationary mobile-satellite system, setting forth all pertinent
technical and operational aspects of the system, and the technical and legal
qualifications of the applicant. In particular, each application shall
include the information specified in §25.114. Applicants must also file
information demonstrating compliance with all requirements of this section,
and showing, based on existing system information publicly available at the
Commission at the time of filing, that they will not cause unacceptable
interference to any non-voice, non-geostationary mobile-satellite service
system authorized to construct or operate.
(2) Applicants for a non-voice, non-geostationary mobile-satellite must
identify the power flux density produced at the Earth's surface by each
space station of their system in the frequency bands 137–138 MHz and
400.15–401 MHz, to allow determination of whether coordination with
terrestrial services is required under international footnotes 599A and 647B
of §2.106 of the Commission's Rules. In addition, applicants must identify
the measures they would employ to protect the radio astronomy service in the
150.05–153 MHz and 406.1–410 MHz bands from harmful interference from
unwanted emissions.
(3) Emission limitations. (i) Applicants in the non-voice, non-geostationary
mobile-satellite service shall show that their space stations will not
exceed the emission limitations of §25.202(f) (1), (2) and (3), as
calculated for a fixed point on the Earth's surface in the plane of the
space station's orbit, considering the worst-case frequency tolerance of all
frequency determining components, and maximum positive and negative Doppler
shift of both the uplink and downlink signals, taking into account the
system design.
(ii) Applicants in the non-voice, non-geostationary mobile-satellite service
shall show that no signal received by their satellites from sources outside
of their system shall be retransmitted with a power flux density level, in
the worst 4 kHz, higher than the level described by the applicants in
paragraph (a)(2) of this section.
(4) [Reserved]
(5) Replacement of space stations within the system license term. The
licensee need not file separate applications to construct, launch and
operate technically identical replacement satellites within the term of the
system authorization. However, the licensee shall certify to the Commission,
at least thirty days prior to launch of such replacement(s) that:
(i) The licensee intends to launch a space station that is technically
identical to those authorized in its system license, and
(ii) Launch of this space station will not cause the licensee to exceed the
total number of operating space stations authorized by the Commission.
(b) Operating conditions. In order to ensure compatible operations with
authorized users in the frequency bands to be utilized for operations in the
non-voice, non-geostationary mobile-satellite service, non-voice,
non-geostationary mobile-satellite service systems must operate in
accordance with the conditions specified in this section.
(1) Service limitation. Voice services may not be provided.
(2) Coordination requirements with Federal government users.
(i) The frequency bands allocated for use by the non-voice,
non-geostationary mobile-satellite service are also authorized for use by
agencies of the Federal government. The Federal use of frequencies in the
non-voice, non-geostationary mobile-satellite service frequency bands is
under the regulatory jurisdiction of the National Telecommunications and
Information Administration (NTIA).
(ii) The Commission will use its existing procedures for liaison with NTIA
to reach agreement with respect to achieving compatible operations between
Federal government users under the jurisdiction of NTIA and non-voice,
non-geostationary mobile-satellite service systems (including user
transceivers subject to blanket licensing under §25.115(d)) through the
frequency assignment and coordination practices established by NTIA and the
Interdepartment Radio Advisory Committee (IRAC). In order to facilitate such
frequency assignment and coordination, applicants shall provide the
Commission with sufficient information to evaluate electromagnetic
compatibility with the Federal government use of the spectrum, and any
additional information requested by the Commission. As part of the
coordination process, applicants shall show that they will not cause
unacceptable interference to authorized Federal government users, based upon
existing system information provided by the Government. The frequency
assignment and coordination of the satellite system with Federal government
users shall be completed prior to grant of construction authorization.
(iii) The Commission shall also coordinate with NTIA/IRAC with regard to the
frequencies to be shared by those earth stations of non-voice,
non-geostationary mobile-satellite service systems that are not subject to
blanket licensing under §25.115(d), and authorized Federal government
stations in the fixed and mobile services, through the exchange of
appropriate systems information.
(3) Coordination among non-voice, non-geostationary mobile-satellite service
systems. Applicants for authority to establish non-voice, non-geostationary
mobile-satellite service systems are encouraged to coordinate their proposed
frequency usage with existing permittees and licensees in the non-voice,
non-geostationary mobile-satellite service whose facilities could be
affected by the new proposal in terms of frequency interference or
restricted system capacity. All affected applicants, permittees, and
licensees shall, at the direction of the Commission, cooperate fully and
make every reasonable effort to resolve technical problems and conflicts
that may inhibit effective and efficient use of the radio spectrum; however,
the permittee or licensee being coordinated with is not obligated to suggest
changes or re-engineer an applicant's proposal in cases involving conflicts.
(4) Safety and distress communications. Stations operating in the non-voice,
non-geostationary mobile-satellite service that are used to comply with any
statutory or regulatory equipment carriage requirements may also be subject
to the provisions of sections 321(b) and 359 of the Communications Act of
1934, as amended. Licensees are advised that these provisions give priority
to radio communications or signals relating to ships in distress and
prohibit a charge for the transmission of maritime distress calls and
related traffic.
(c) Reporting requirements. All operators of non-voice, non-geostationary
mobile-satellite service systems shall, on June 30 of each year, file a
report with the International Bureau and the Commission's Columbia
Operations Center in Columbia, Maryland, containing the following
information current as of May 31st of that year:
(1) A listing of any non-scheduled space station outages for more than
thirty minutes and the cause(s) of such outages;
(2) A detailed description of the utilization made of the in-orbit satellite
system. That description should identify the percentage of time that the
system is actually used for domestic transmission, the amount of capacity
(if any) sold but not in service, and the amount of unused system capacity;
and
(3) Identification of any space stations not available for service or
otherwise not performing to specifications, the cause(s) of these
difficulties, and the date any space station was taken out of service or the
malfunction identified.
(d) Prohibition of certain agreements. No license shall be granted to any
applicant for a non-voice, non-geostationary mobile-satellite service system
if that applicant, or any companies controlling or controlled by the
applicant, shall acquire or enjoy any right, for the purpose of handling
traffic to or from the United States, its territories or possessions, to
construct or operate space segment or earth stations in the non-voice,
non-geosynchronous mobile-satellite service, or to interchange traffic,
which is denied to any other United States company by reason of any
concession, contract, understanding, or working arrangement to which the
licensee or any persons or companies controlling or controlled by the
licensee are parties.
(e) Spectrum priority. (1) The non-voice, non-geosynchronous
mobile-satellite service system that is authorized in the second application
processing round to operate in the 148–148.25 MHz, 148.75–148.855 MHz,
148.905–149.81 MHz and 150–150.05 MHz uplink frequency bands and the
400.505–400.5517 MHz, 400.5983–400.645 MHz, 137.025–137.175 MHz,
137.333–137.4125 MHz, 137.475–137.525 MHz, 137.595–137.645 MHz,
137.753–137.787 MHz and 137.825–138 MHz downlink frequency bands (the
“System 2 licensee”) will have a first priority to apply for and use a
limited amount of downlink spectrum duly allocated worldwide and
domestically to the non-voice, non-geosynchronous mobile-satellite service
by the ITU, at WRC–97 or a subsequent World Radiocommunication Conference,
and by the Commission, respectively (the “Future Spectrum”). The System 2
licensee will be eligible to apply for and use the first 210 kHz of Future
Spectrum plus spectrum sufficient to account for Doppler frequency shift in
the Future Spectrum (the “Supplemental Spectrum”) to implement its
non-voice, non-geosynchronous mobile-satellite service system. The System 2
licensee's application for and use of the Supplemental Spectrum is subject
to the Commission's Rules and policies, such reasonable operating conditions
as may be imposed by the Commission, and international spectrum coordination
requirements. For so long as the System 2 licensee is permitted by the
Government of France to operate in the 400.5517–400.5983 MHz band
coordinated with the French system S80–1, the Supplemental Spectrum shall be
reduced to an amount equivalent to 150 kHz of Future Spectrum plus spectrum
sufficient to account for Doppler frequency shift in the Future Spectrum.
(2) The System 2 licensee's priority to apply for and use the Supplemental
Spectrum is conditioned on the System 2 licensee's compliance with the terms
and conditions of its second processing round authorization, including, but
not limited to, its system construction, launch and operation milestones,
and any modifications thereto, and the Commission's Rules. The System 2
licensee's priority to apply for and use the Supplemental Spectrum shall
automatically terminate upon the occurrence of any of the following events:
(i) The System 2 licensee being permitted to operate in the Supplemental
Spectrum;
(ii) The expiration or revocation of the System 2 licensee's second
processing round authorization;
(iii) The discontinuance of use of the spectrum assigned to the System 2
licensee under its second processing round authorization; or
(iv) The surrender of the System 2 licensee's second processing round
authorization to the Commission.
[ 58 FR 68060 , Dec. 23, 1993, as amended at 62 FR 5930 , Feb. 10, 1997; 62 FR 59295 , Nov. 3, 1997; 68 FR 51504 , Aug. 27, 2003]
§ 25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service
and 2 GHz mobile-satellite service.
top
(a) System license. Applicants authorized to construct and launch a system
of technically identical satellites will be awarded a single “blanket”
license. In the case of non-geostationary satellites, the blanket license
will cover a specified number of space stations to operate in a specified
number of orbital planes. In the case of geostationary satellites, as part
of a geostationary-only satellite system or a
geostationary/non-geostationary hybrid satellite system, an individual
license will be issued for each satellite to be located at a geostationary
orbital location.
(b) Qualification Requirements—(1) General Requirements . Each application
for a space station system authorization in the 1.6/2.4 GHz Mobile-Satellite
Service or 2 GHz Mobile-Satellite Service shall describe in detail the
proposed satellite system, setting forth all pertinent technical and
operational aspects of the system, and the technical and legal
qualifications of the applicant. In particular, each application shall
include the information specified in §25.114. Non-U.S. licensed systems
shall comply with the provisions of §25.137.
(2) Technical qualifications. In addition to providing the information
specified in paragraph (b)(1) of this section, each applicant and letter of
intent filer shall demonstrate the following:
(i) That a proposed system in the 1.6/2.4 GHz MSS frequency bands employs a
non-geostationary constellation or constellations of satellites;
(ii) That a system proposed to operate using non-geostationary satellites be
capable of providing mobile satellite services to all locations as far north
as 70 deg. North latitude and as far south as 55 deg. South latitude for at
least 75% of every 24-hour period, i.e. , that at least one satellite will
be visible above the horizon at an elevation angle of at least 5 deg. for at
least 18 hours each day within the described geographic area;
(iii) That a system proposed to operate using non-geostationary satellites
be capable of providing mobile satellite services on a continuous basis
throughout the fifty states, Puerto Rico and the U.S. Virgin Islands, i.e.,
that at least one satellite will be visible above the horizon at an
elevation angle of at least 5 deg. at all times within the described
geographic areas; and
(iv) That a system only using geostationary orbit satellites, at a minimum,
be capable of providing mobile satellite services on a continuous basis
throughout the 50 states, Puerto Rico, and the U.S. Virgin Islands, if
technically feasible.
(v) That operations will not cause unacceptable interference to other
authorized users of the spectrum. In particular, each application in the
1.6/2.4 GHz frequency bands shall demonstrate that the space station(s)
comply with the requirements specified in §25.213.
(3) [Reserved]
(c) Replacement of Space Stations Within the System License Term. Licensees
of 1.6/2.4 GHz mobile-satellite systems authorized through a blanket license
pursuant to paragraph (a) of this section need not file separate
applications to construct, launch and operate technically identical
replacement satellites within the term of the system authorization. However,
the licensee shall certify to the Commission, at least thirty days prior to
launch of such replacement(s) that:
(1) The licensee intends to launch a space station that is technically
identical to those authorized in its system authorization, and
(2) Launch of this space station will not cause the licensee to exceed the
total number of operating space stations authorized by the Commission.
(d) In-Orbit Spares. Licensees need not file separate applications to
operate technically identical in-orbit spares authorized as part of the
blanket license pursuant to paragraph (a) of this section. However, the
licensee shall certify to the Commission, within 10 days of bringing the
in-orbit spare into operation, that operation of this space station did not
cause the licensee to exceed the total number of operating space stations
authorized by the Commission.
(e) Reporting requirements. (1) All operators of 1.6/2.4 GHz
Mobile-Satellite Service systems and 2 GHz Mobile-Satellite Service systems
shall, on October 15 of each year, file with the International Bureau and
the Commission's Columbia Operations Center, Columbia, Maryland, a report
containing the following information current as of September 30 of that
year:
(i) Status of satellite construction and anticipated launch dates, including
any major problems or delays encountered;
(ii) A listing of any non-scheduled space station outages for more than 30
minutes and the cause or causes of the outage;
(iii) A detailed description of the utilization made of the in-orbit
satellite system. That description should identify the percentage of time
that the system is actually used for U.S. domestic or transborder
transmission, the amount of capacity (if any) sold but not in service within
U.S. territorial geographic areas, and the amount of unused system capacity.
2 GHz Mobile Satellite systems receiving expansion spectrum as part of the
unserved areas spectrum incentive must provide a report on the actual number
of subscriber minutes originating or terminating in unserved areas as a
percentage of the actual U.S. system use; and
(iv) Identification of any space stations not available for service or
otherwise not performing to specifications, the cause or causes of these
difficulties, and the date any space station was taken out of service or the
malfunction identified.
(2) All operators of 1.6/2.4 GHz mobile-satellite systems shall, within 10
days after a required implementation milestone as specified in the system
authorization, certify to the Commission by affidavit that the milestone has
been met or notify the Commission by letter that it has not been met. At its
discretion, the Commission may require the submission of additional
information (supported by affidavit of a person or persons with knowledge
thereof) to demonstrate that the milestone has been met.
(3) All operators of 2 GHz Mobile-Satellite Service systems must begin
system construction upon award of a service link license to U.S.-based
applicants, or upon designation of spectrum for non-U.S.-based systems, in
accordance with milestones set forth in the respective system's
authorization. All operators of 2 GHz Mobile-Satellite Service systems
shall, within 10 days after a required implementation milestone as specified
in the system authorization, certify to the Commission by affidavit that the
milestone has been met or notify the Commission by letter that it has not
been met. At its discretion, the Commission may require the submission of
additional information (supported by affidavit of a person or persons with
knowledge thereof) to demonstrate that the milestone has been met. Failure
to file timely certification of milestones, or filing disclosure of
non-compliance, will result in automatic cancellation of the authorization
with no further action required on the Commission's part.
(f) Safety and distress communications. (1) Stations operating in the
1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite Service that
are voluntarily installed on a U.S. ship or are used to comply with any
statute or regulatory equipment carriage requirements may also be subject to
the requirements of sections 321(b) and 359 of the Communications Act of
1934. Licensees are advised that these provisions give priority to radio
communications or signals relating to ships in distress and prohibits a
charge for the transmission of maritime distress calls and related traffic.
(2) Licensees offering distress and safety services should coordinate with
the appropriate search and rescue organizations responsible for the
licensees service area.
(g) [Reserved]
(h) Prohibition of certain agreements. No license shall be granted to any
applicant for a space station in the mobile satellite service operating at
1610–1626.5/2483.5–2500 MHz if that applicant, or any persons or companies
controlling or controlled by the applicant, shall acquire or enjoy any
right, for the purpose of handling traffic to or from the United States, its
territories or possession, to construct or operate space segment or earth
stations, or to interchange traffic, which is denied to any other United
States company by reason of any concession, contract, understanding, or
working arrangement to which the Licensee or any persons or companies
controlling or controlled by the Licensee are parties.
(i) Incorporation of ancillary terrestrial component base stations into a
1.6/2.4 GHz mobile-satellite service network or a 2 GHz mobile-satellite
service network. Any licensee authorized to construct and launch a 1.6/2.4
GHz or a 2 GHz mobile-satellite system may construct ancillary terrestrial
component (ATC) base stations as defined in §25.201 at its own risk and
subject to the conditions specified in this subpart any time after
commencing construction of the mobile-satellite service system.
(j) Pre-operational build-out and testing. An MSS licensee may, without
further authority from the Commission and at its own risk, engage in
pre-operational build-out and conduct equipment tests for the purpose of
making such adjustments and measurements as may be necessary to assure
compliance with the terms of the technical provisions of its MSS license,
ATC operation requirements, the rules and regulations in this Part and the
applicable engineering standards. Prior to engaging in such pre-operational
build-out and testing, an MSS licensee must notify the Commission concerning
the initiation of MSS system satellite construction and the MSS operator's
intent to construct and test ATC facilities. This notification must take the
form of a letter formally filed with the Commission in the appropriate MSS
license docket. Such letter shall specify the frequencies on which the MSS
licensee proposes to engage in pre-operational testing and shall specify the
name, address, telephone number and other such information as may be
necessary to contact a MSS licensee representative for the reporting and
mitigation of any interference that may occur as a result of such
pre-operational testing and build-out. MSS licensees engaging in
pre-operational build-out and testing must also comply with §§5.83, 5.85(c),
5.111, and 5.117 of this chapter relating to experimental operations. An MSS
licensee may not offer ATC service to the public for compensation during
pre-operational testing. In order to operate any ATC base stations, such a
licensee must meet all the requirements set forth in §25.149 and must have
been granted ATC authority.
(k) Aircraft. ATC mobile terminals must be operated in accordance with
25.136(a). All portable or hand-held transceiver units (including
transceiver units installed in other devices that are themselves portable or
hand-held) having operating capabilities in the 2000–2020/2180–2200 MHz or
1610–1626.5 MHz/2483.5–2500 MHz bands shall bear the following statement in
a conspicuous location on the device: “This device may not be operated while
on board aircraft. It must be turned off at all times while on board
aircraft.”
[ 59 FR 53328 , Oct. 21, 1994, as amended at 61 FR 9945 , Mar. 12, 1996; 62 FR 5930 , Feb. 10, 1997; 65 FR 59143 , Oct. 4, 2000; 68 FR 33649 , June 5, 2003;
68 FR 47858 , Aug. 12, 2003; 68 FR 51504 , Aug. 27, 2003; 70 FR 59277 , Oct.
12, 2005]
§ 25.144 Licensing provisions for the 2.3 GHz satellite digital audio radio
service.
top
(a) Qualification Requirements:
(1) [Reserved]
(2) General Requirements: Each application for a system authorization in the
satellite digital audio radio service in the 2310–2360 MHz band shall
describe in detail the proposed satellite digital audio radio system,
setting forth all pertinent technical and operational aspects of the system,
and the technical, legal, and financial qualifications of the applicant. In
particular, applicants must file information demonstrating compliance with
§25.114 and all of the requirements of this section.
(3) Technical Qualifications: In addition to the information specified in
paragraph (a)(1) of this section, each applicant shall:
(i) Demonstrate that its system will, at a minimum, service the 48
contiguous states of the United States (full CONUS);
(ii) Certify that its satellite DARS system includes a receiver that will
permit end users to access all licensed satellite DARS systems that are
operational or under construction; and
(iii) Identify the compression rate it will use to transmit audio
programming. If applicable, the applicant shall identify the compression
rate it will use to transmit services that are ancillary to satellite DARS.
(b) Milestone requirements. Each applicant for system authorization in the
satellite digital audio radio service must demonstrate within 10 days after
a required implementation milestone as specified in the system
authorization, and on the basis of the documentation contained in its
application, certify to the Commission by affidavit that the milestone has
been met or notify the Commission by letter that it has not been met. At its
discretion, the Commission may require the submission of additional
information (supported by affidavit of a person or persons with knowledge
thereof) to demonstrate that the milestone has been met. The satellite DARS
milestones are as follows, based on the date of authorization:
(1) One year: Complete contracting for construction of first space station
or begin space station construction;
(2) Two years: If applied for, complete contracting for construction of
second space station or begin second space station construction;
(3) Four years: In orbit operation of at least one space station; and
(4) Six years: Full operation of the satellite system.
(c) Reporting requirements. All licensees of satellite digital audio radio
service systems shall, on June 30 of each year, file a report with the
International Bureau and the Commission's Laurel, Maryland field office
containing the following information:
(1) Status of space station construction and anticipated launch date,
including any major problems or delay encountered;
(2) A listing of any non-scheduled space station outages for more than
thirty minutes and the cause(s) of such outages; and
(3) Identification of any space station(s) not available for service or
otherwise not performing to specifications, the cause(s) of these
difficulties, and the date any space station was taken out of service or the
malfunction identified.
(d) The license term for each digital audio radio service satellite shall
commence when the satellite is launched and put into operation and the term
will run for eight years.
[ 62 FR 11105 , Mar. 11, 1997, as amended at 68 FR 51504 , Aug. 27, 2003; 70 FR 32254 , June 2, 2005]
§ 25.145 Licensing conditions for the Fixed-Satellite Service in the 20/30
GHz bands.
top
(a) Except as provided in §25.210(b), in general all rules contained in this
part apply to Fixed-Satellite Service in the 20/30 GHz bands.
(b) System License. Applicants authorized to construct and launch a system
of technically identical non-geostationary satellite orbit satellites will
be awarded a single “blanket” license covering a specified number of space
stations to operate in a specified number of orbital planes.
(c) In addition to providing the information specified in §25.114, each
non-geostationary satellite orbit applicant shall demonstrate the following:
(1) That the proposed system be capable of providing fixed-satellite
services to all locations as far north as 70 deg. latitude and as far south
as 55 deg. latitude for at least 75% of every 24-hour period; and
(2) That the proposed system is capable of providing fixed-satellite
services on a continuous basis throughout the fifty states, Puerto Rico and
the U.S. Virgin Islands, U.S.
(3) [Reserved]
(d) [Reserved]
(e) Prohibition of certain agreements. No license shall be granted to any
applicant for a space station in the fixed-satellite service operating in
the 20/30 GHz band if that applicant, or any persons or companies
controlling or controlled by the applicant, shall acquire or enjoy any
right, for the purpose of handling traffic to or from the United States, its
territories or possession, to construct or operate space segment or earth
stations, or to interchange traffic, which is denied to any other United
States company by reason of any concession, contract, understanding, or
working arrangement to which the Licensee or any persons or companies
controlling or controlled by the Licensee are parties.
(f)(1) Reporting Requirements. All licensees in the 20/30 GHz band shall, on
June 30 of each year, file a report with the International Bureau and the
Commission's Columbia Operations Center, 9200 Farm House Lane, Columbia, MD
21046 containing the following information:
(i) Status of space station construction and anticipated launch date,
including any major problems or delay encountered;
(ii) A listing of any non-scheduled space station outages for more than
thirty minutes and the cause(s) of such outages; and
(iii) Identification of any space station(s) not available for service or
otherwise not performing to specifications, the cause(s) of these
difficulties, and the date any space station was taken out of service or the
malfunction identified.
(iv) All operators of NGSO FSS systems in the 18.8–19.3 GHz and 28.6–29.1
GHz bands shall, within 10 days after a required implementation milestone as
specified in the system authorization certify to the Commission by affidavit
that the milestone has been met or notify the Commission by letter that it
has not been met. At its discretion, the Commission may require the
submission of additional information (supported by affidavit of a person or
person with knowledge thereof) to demonstrate that the milestone has been
met. Failure to file a timely certification of milestones, or filing
disclosure of non-compliance, will result in automatic cancellation of the
authorization with no further action required on the Commission's part.
(2) Licensees shall submit to the Commission a yearly report indicating the
number of earth stations actually brought into service under its blanket
licensing authority. The annual report is due to the Commission no later
than the first day of April of each year and shall indicate the deployment
figures for the preceding calendar year.
(g) Policy governing the relocation of terrestrial services from the 18.3 to
19.3 GHz band. Frequencies in the 18.3–19.3 GHz band listed in parts 21, 74,
78, and 101 of this chapter have been reallocated for primary use by the
Fixed-Satellite Service, subject to various provisions for the existing
terrestrial licenses. Fixed-Satellite Service operations are not entitled to
protection from the co-primary operations until after the period during
which terrestrial stations remain co-primary has expired. (see §§21.901(e),
74.502(c), 74.602(g), 78.18(a)(4), and 101.147(r) of this chapter).
(h) Replacement of Space Stations within the System License Term. Licensees
of NGSO FSS systems in the 18.8–19.3 GHz and 28.6–29.1 GHz frequency bands
authorized through a blanket license pursuant to paragraph (b) of this
section need not file separate applications to launch and operate
technically identical replacement satellites within the term of the system
authorization. However, the licensee shall certify to the Commission, at
least thirty days prior to launch of such replacement(s) that:
(1) The licensee intends to launch a space station into the
previously-authorized orbit that is technically identical to those
authorized in its system authorization and
(2) Launch of this space station will not cause the license to exceed the
total number of operating space stations authorized by the Commission.
(i) In-Orbit Spares. Licensees need not file separate applications to
operate technically identical in-orbit spares authorized as part of the
blanket license pursuant to paragraph (b) of this section. However, the
licensee shall certify to the Commission, within 10 days of bringing the
in-orbit spare into operation, that operation of this space station did not
cause the licensee to exceed the total number of operating space stations
authorized by the Commission.
[ 62 FR 61456 , Nov. 18, 1997, as amended at 65 FR 54171 , Sept. 7, 2000; 66 FR 63515 , Dec. 7, 2001; 67 FR 39310 , June 7, 2002; 68 FR 16966 , Apr. 8, 2003;
68 FR 51505 , Aug. 27, 2003; 68 FR 59129 , Oct. 14, 2003; 70 FR 59277 , Oct.
12, 2005]
§ 25.146 Licensing and operating authorization provisions for the
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in the
bands 10.7 GHz to 14.5 GHz.
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(a) A comprehensive technical showing shall be submitted for the proposed
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) system
in the bands 10.7 GHz to 14.5 GHz. The technical information shall
demonstrate that the proposed NGSO FSS system would not exceed the
validation equivalent power flux-density (EPFD) limits as specified in
§25.208 (g), (k), and (l) for EPFD[down], and EPFD[up]. If the technical
demonstration exceeds the validation EPFD limits at any test points within
the U.S. for domestic service and at any points outside of the U.S. for
international service or at any points in the geostationary satellite orbit,
as appropriate, the application would be unacceptable for filing and will be
returned to the applicant with a brief statement identifying the
non-compliance technical demonstration. The technical showing consists of
the following:
(1) Single-entry validation equivalent power flux-density, in the
space-to-Earth direction, (EPFD down) limits . (i) Provide a set of power
flux-density (pfd) masks, on the surface of the Earth, for each space
station in the NGSO FSS system. The pfd masks shall be generated in
accordance with the specification stipulated in the ITU-R Recommendation
BO.1503, “Functional Description to be used in Developing Software Tools for
Determining Conformity of Non-GSO FSS Networks with Limits Contained in
Article S22 of the Radio Regulations.” In particular, the pfd mask must
encompass the power flux-density radiated by the space station regardless of
the satellite transmitter power resource allocation and traffic/beam
switching strategy that are used at different periods of a NGSO FSS system
life. The pfd masks shall also be in an electronic form that can be accessed
by the computer program contained in paragraph (a)(1)(iii) of this section.
(ii) Identify and describe in detail the assumptions and conditions used in
generating the power flux-density masks.
(iii) If a computer program that has been approved by the ITU for
determining compliance with the single-entry EPFD[down]validation limits is
not yet available, the applicant shall provide a computer program for the
single-entry EPFD[down]validation computation, including both the source
code and the executable file. This computer program shall be developed in
accordance with the specification stipulated in Recommendation ITU-R S.1503
(2000). If the applicant uses the ITU approved software, the applicant shall
indicate the program name and the version used.
(iv) Identify and describe in detail the necessary input parameters for the
execution of the computer program identified in paragraph (a)(1)(iii) of
this section.
(v) Provide the result, the cumulative probability distribution function of
EPFD, of the execution of the computer program described in paragraph
(a)(1)(iii) of this section by using only the input parameters contained in
paragraphs (a)(1)(i) and (a)(1)(iv) of this section.
(2) Single-entry validation equivalent power flux-density, in the
Earth-to-space direction, EPFD up limits . (i) Provide a set of NGSO FSS
earth station maximum equivalent isotropically radiated power (e.i.r.p.)
mask as a function of the off-axis angle generated by a NGSO FSS earth
station. The maximum e.i.r.p. mask shall be generated in accordance with the
specification stipulated in the ITU-R Recommendation BO.1503. In particular,
the results of calculations encompass what would be radiated regardless of
the earth station transmitter power resource allocation and traffic/beam
switching strategy are used at different periods of a NGSO FSS system life.
The e.i.r.p. masks shall also be in an electronic form that can be accessed
by the computer program contained in paragraph (a)(2)(iii) of this section.
(ii) Identify and describe in detail the assumptions and conditions used in
generating the maximum earth station e.i.r.p. mask.
(iii) If a computer program that has been approved by the ITU for
determining compliance with the single-entry EPFD[up]validation limits is
not yet available, the applicant shall provide a computer program for the
single-entry EPFD[up]validation computation, including both the source code
and the executable file. This computer program shall be developed in
accordance with the specification stipulated in Recommendation ITU-R S.1503
(2000). If the applicant uses the ITU approved software, the applicant shall
indicate the program name and the version used.
(iv) Identify and describe in detail the necessary input parameters for the
execution of the computer program identified in paragraph (a)(2)(iii) of
this section.
(v) Provide the result of the execution of the computer program described in
paragraph (a)(2)(iii) of this section by using only the input parameters
contained in paragraphs (a)(2)(i) and (a)(2)(iv) of this section.
(b) Ninety days prior to the initiation of service to the public, the NGSO
FSS system licensee shall submit a comprehensive technical showing for the
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) system
in the bands 10.7 GHz to 14.5 GHz. The technical information shall
demonstrate that the NGSO FSS system is expected not to operate in excess of
the additional operational EPFD[down]limits and the operational
EPFD[down]limits as specified in §25.208 (i), (j) and notes 2 and 3 to the
table in paragraph (l). If the technical demonstration exceeds the
additional operational EPFD[down]limits or the operational EPFD[down]limits
at any test points with the U.S. for domestic service and at any test points
out side of the U.S. for international service, the NGSO FSS system licensee
shall not initiate service to the public until the deficiency has been
rectified by reducing satellite transmission power or other adjustments.
This must be substantiated by subsequent technical showings. The technical
showings consist of the following:
(1) Single-entry additional operational equivalent power flux-density, in
the space-to-Earth direction, (additional operational EPFD down ) limits.
(i) Provide a set of anticipated operational power flux-density (pfd) masks,
on the surface of the Earth, for each space station in the NGSO FSS system.
The anticipated operational power flux-density masks could be generated by
using the method specified in ITU-R Recommendation BO.1503. In particular,
the anticipated operational pfd mask shall take into account the expected
maximum traffic loading distributions and geographic specific scheduling of
the actual measured space station antenna patterns (see §25.210(k)). The
anticipated operational power flux-density masks shall also be in an
electronic form that can be accessed by the computer program contained in
paragraph (b)(1)(iii) of this section.
(ii) Identify and describe in detail the assumptions and conditions used in
generating the anticipated operational power flux-density masks.
(iii) Provide a computer program for the single-entry additional operational
EPFD[down]verification computation, including both the source code and the
executable file. This computer program could be developed by using the
method specified in ITU-R Recommendation BO.1503.
(iv) Identify and describe in detail the necessary input parameters for the
execution of the additional operational EPFD[down]verification computer
program identified in paragraph (b)(1)(iii) of this section.
(v) Provide the result, the cumulative probability distribution function of
EPFD, of the execution of the verification computer program described in
paragraph (b)(1)(iii) of this section by using only the input parameters
contained in paragraphs (b)(1)(i) and (b)(1)(iv) of this section for each of
the submitted test points provided by the Commission. These test points are
based on information from U.S.-licensed geostationary satellite orbit
fixed-satellite service and broadcast satellite service operators in the
bands 10.7 GHz to 14.5 GHz. Each U.S.-licensed geostationary satellite orbit
fixed satellite service and broadcast satellite service operator in the
bands 10.7 GHz to 14.5 GHz may submit up to 10 test points for this section
containing the latitude, longitude, altitude, azimuth, elevation angle,
antenna size, efficiency to be used by non-geostationary satellite orbit
fixed-satellite service licensees in the bands 10.7 GHz to 14.5 GHz during
the upcoming year.
(2) Operational equivalent power flux-density, space-to-Earth direction,
(operational EPFD[down]) limits. Using the information contained in (b)(1)
of this section plus the measured space station antenna patterns, provide
the result of the execution of the computer simulation for the anticipated
in-line operational EPFD[down]levels for each of the submitted test points
provided by the Commission. Submitted test points are based on inputs from
U.S.-licensed geostationary satellite orbit fixed-satellite service and
broadcast satellite service operators in the bands 10.7 GHz to 14.5 GHz.
Each U.S.-licensed geostationary satellite orbit fixed-satellite service and
broadcast satellite service operator in the bands 10.7 GHz to 14.5 GHz may
submit up to 10 test points for this section containing the latitude,
longitude, altitude, azimuth, elevation angle, antenna size, efficiency to
be used by non-geostationary satellite orbit fixed-satellite service
licensees in the bands 10.7 GHz to 14.5 GHz during the upcoming year.
(c) The NGSO FSS system licensee shall, on June 30 of each year, file a
report with the International Bureau and the Commission's Columbia
Operations Center in Columbia, Maryland, certifying that the system
continues to operate within the bounds of the masks and other input
parameters specified under 25.146(a) and 25.146(b) as well as certifying the
status of the additional operational EPFD[down]levels into the 3 m and 10 m
geostationary satellite orbit fixed-satellite service receiving Earth
station antennas, the operational EPFD[down]levels into the 3 m, 4.5 m, 6.2
m and 10 m geostationary satellite orbit fixed-satellite service receiving
Earth station antennas and the operational EPFD[down]levels into the 180 cm
geostationary satellite orbit broadcast satellite service receiving Earth
station antennas in Hawaii and 240 cm geostationary satellite orbit
broadcast satellite service receiving Earth station antennas in Alaska.
(d) The Commission may request at any time additional information from the
NGSO FSS system applicant or licensee concerning the EPFD levels and the
related technical showings.
(e) A NGSO FSS system licensee operating a system in compliance with the
limits specified in §25.208 (g), (i), (j), (k), (l) and (m) shall be
considered as having fulfilled its obligations under ITU Radio Regulations
provision S22.2 with respect to any GSO network. However, such NGSO FSS
system shall not claim protection from GSO FSS and BSS networks operating in
accordance with this part 25 or part 100 of this chapter, respectively, and
the ITU Radio Regulations.
(f) Coordination will be required between NGSO FSS systems and GSO FSS earth
stations in the frequency band 10.7–12.75 GHz when all of the following
threshold conditions are met:
(1) Bandwidth overlap; and
(2) The satellite network using the GSO has specific receive earth stations
which meet all of the following conditions: earth station antenna maximum
isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K or higher;
and emission bandwidth of 250 MHz; and the EPFD[down]radiated by the
satellite system using the NGSO into the GSO specific receive earth station,
either within the U.S. for domestic service or any points outside the U.S.
for international service, as calculated using the ITU software for
examining compliance with EPFD limits set forth in Article 22 of the ITU
Radio Regulations exceeds −174.5 dB(W/(m2/40kHz)) for any percentage of time
for NGSO systems with all satellites only operating at or below 2500 km
altitude, or −202 dB(W/(m2/40kHz)) for any percentage of time for NGSO
systems with any satellites operating above 2500 km altitude.
(3) If there is no ITU software for examining compliance with EPFD limits
set forth in Article 22 of the ITU Radio Regulations, then the
EPFD[down]coordination trigger is suspended and the requirement for
coordination will be based on bandwidth overlap and the satellite network
using the GSO has specific receive earth stations which meet all of the
following conditions: earth station antenna maximum isotropic gain greater
than or equal to 64 dBi; G/T of 44 dB/K or higher; and emission bandwidth of
250 MHz.
(g) Operational power flux density, space-to-Earth direction, limits. Ninety
days prior to the initiation of service to the public, the NGSO FSS system
licensee shall submit a technical showing for the NGSO FSS system in the
band 12.2–12.7 GHz. The technical information shall demonstrate that the
NGSO FSS system is capable of meeting the limits as specified in §25.208(o).
Licensees may not provide service to the public if they fail to demonstrate
compliance with the PFD limits.
(h) System License. Applicants authorized to construct and launch a system
of technically identical non-geostationary satellite orbit fixed satellite
service satellites will be awarded a single “blanket” license covering a
specified number of space stations to operate in a specified number of
orbital planes.
(i) In addition to providing the information specified in §25.114, each NGSO
FSS applicant shall provide the following:
(1) A demonstration that the proposed system is capable of providing
fixed-satellite services on a continuous basis throughout the fifty states,
Puerto Rico and the U.S. Virgin Islands, U.S.; and
(2) A demonstration that the proposed system be capable of providing
fixed-satellite services to all locations as far north as 70 deg. latitude
and as far south as 55 deg. latitude for at least 75 percent of every
24-hour period; and
(3) Sufficient information on the NGSO FSS system characteristics to
properly model the system in computer sharing simulations, including, at a
minimum, NGSO hand-over and satellite switching strategies, NGSO satellite
beam patterns, NGSO satellite antenna patterns and NGSO earth station
antenna patterns. In particular, each NGSO FSS applicant must explain the
switching protocols it uses to avoid transmitting while passing through the
geostationary satellite orbit arc, or provide an explanation as to how the
power-flux density limits in §25.208 are met without using geostationary
satellite orbit arc avoidance. In addition, each NGSO FSS applicant must
provide the orbital parameters contained in Section A.3 of Annex 1 to
Resolution 46. Further, each NGSO FSS applicant must provide a sufficient
technical showing to demonstrate that the proposed non-geostationary
satellite orbit system meets the power-flux density limits contained in
§25.208, as applicable, and
(4) [Reserved]
(j) [Reserved]
(k) Implementation Milestone Schedule. Each NGSO FSS licensee in the
10.7–12.7 GHz, 12.75–13.25 GHz and 13.75–14.5 GHz frequency bands will be
required to enter into a non-contingent satellite manufacturing contract for
the system within one year of authorization, to complete critical design
review within two years of authorization, to begin physical construction of
all satellites in the system within two and a half years of authorization,
to complete construction and launch of the first two satellites within three
and a half years of grant, and to launch and operate its entire authorized
system within six years of authorization. Each NGSO FSS licensee in the
10.7–12.7 GHz, 12.75–13.25 GHz and 13.75–14.5 GHz frequency bands must
submit certifications of milestone compliance within 10 days following a
milestone specified in its authorization.
(l) Reporting Requirements. All NGSO FSS licensees in the 10.7–12.7 GHz,
12.75–13.25 GHz and 13.75–14.5 GHz frequency bands shall, on June 30th of
the first year following launch of the first two space stations in their
system, and annually thereafter, file a report with the International Bureau
and the Commission's Laurel, Maryland field office containing the following
information:
(1) Status of space station construction and anticipated launch date,
including any major problems or delay encountered;
(2) Identification of any space station(s) not available for service or
otherwise not performing to specifications, the cause(s) of these
difficulties, and the date any space station was taken out of service or the
malfunction identified.
(m) Replacement of Space Stations within the System License Term. Licensees
of NGSO FSS systems in the 10.7–12.7 GHz, 12.75–13.25 GHz and 13.75–14.5 GHz
frequency bands authorized through a blanket license pursuant to paragraph
(g) of this section need not file separate applications to launch and
operate technically identical replacement satellites within the term of the
system authorization. However, the licensee shall certify to the Commission,
at least thirty days prior to launch of such replacement(s) that:
(1) The licensee intends to launch a space station into the
previously-authorized orbit that is technically identical to those
authorized in its system authorization and
(2) Launch of this space station will not cause the licensee to exceed the
total number of operating space stations authorized by the Commission.
(n) In-Orbit Spares. Licensees need not file separate applications to
operate technically identical in-orbit spares authorized as part of the
blanket license pursuant to paragraph (g) of this section. However, the
licensee shall certify to the Commission, within 10 days of bringing the
in-orbit spare into operation, that operation of this space station did not
cause the licensee to exceed the total number of operating space stations
authorized by the Commission.
[ 66 FR 10619 , Feb. 16, 2001, as amended at 67 FR 53510 , Aug. 16, 2002; 68 FR 16447 , Apr. 4, 2003; 68 FR 43946 , July 25, 2003; 68 FR 51505 , Aug. 27, 2003;
69 FR 31302 , June 3, 2004; 70 FR 59277 , Oct. 12, 2005]
Effective Date Note: At 68 FR 43946 , July 25, 2003, §25.146 was amended by
redesignating paragraphs (g) through (m) as paragraphs (h) through (n) and
by adding a new paragraph (g). This paragraph contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
§ 25.147 Licensing provision for NGSO MSS feeder downlinks in the band
6700–6875 MHz.
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If an NGSO MSS satellite transmitting in the band 6700–6875 MHz causes
harmful interference to previously licensed co-frequency Public Safety
facilities, then that satellite licensee is obligated to remedy the
interference complaint.
[ 67 FR 17299 , Apr. 10, 2002]
§ 25.148 Licensing provisions for the Direct Broadcast Satellite Service.
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(a) License terms. License terms for DBS facilities are specified in
§25.121(a).
(b) Due diligence. (1) All persons granted DBS authorizations shall proceed
with due diligence in constructing DBS systems. Permittees shall be required
to complete contracting for construction of the satellite station(s) within
one year of the grant of the authorization. The satellite stations shall
also be required to be in operation within six years of the authorization
grant.
(2) In addition to the requirements stated in paragraph (b)(1) of this
section, all persons who receive new or additional DBS authorizations after
January 19, 1996 shall complete construction of the first satellite in their
respective DBS systems within four years of grant of the authorization. All
satellite stations in such a DBS system shall be in operation within six
years of the grant of the authorization.
(3) DBS licensees shall be required to proceed consistent with all
applicable due diligence obligations, unless otherwise determined by the
Commission upon proper showing in any particular case. Transfer of control
of the authorization shall not be considered to justify extension of these
deadlines.
(c) Geographic service requirements. Those entities acquiring DBS
authorizations after January 19, 1996, or who after January 19, 1996 modify
a previous DBS authorization to launch a replacement satellite, must provide
DBS service to Alaska and Hawaii where such service is technically feasible
from the authorized orbital location. This requirement does not apply to DBS
satellites authorized to operate at the 61.5° W.L. orbital location. DBS
applicants seeking to operate from locations other than 61.5° W.L. who do
not provide service to Alaska and Hawaii, must provide technical analyses to
the Commission demonstrating that such service is not feasible as a
technical matter, or that while technically feasible such services would
require so many compromises in satellite design and operation as to make it
economically unreasonable.
(d) DBS subject to competitive bidding. Mutually exclusive initial
applications to provide DBS are subject to competitive bidding procedures.
The general competitive bidding procedures set forth in part 1, subpart Q of
this chapter will apply unless otherwise provided in this part.
(e) DBS long form application. Winning bidders are subject to the provisions
of §1.2107 of this chapter except that in lieu of a FCC Form 601 each
winning bidder shall submit the long-form satellite service application (FCC
Form 312) within thirty (30) days after being notified by Public Notice that
it is the winning bidder. Each winning bidder will also be required to
submit by the same deadline the information described in §25.215 (Technical)
and §25.601 (EEO), and in paragraph (f) of this section. Each winner also
will be required to file, by the same deadline, a signed statement
describing its efforts to date and future plans to come into compliance with
any applicable spectrum limitations, if it is not already in compliance.
Such information shall be submitted pursuant to the procedures set forth in
§25.114 and any associated Public Notices.
(f) Technical qualifications. DBS operations must be in accordance with the
sharing criteria and technical characteristics contained in Appendices 30
and 30A of the ITU's Radio Regulations. Operation of systems using differing
technical characteristics may be permitted, with adequate technical showing,
and if a request has been made to the ITU to modify the appropriate Plans to
include the system's technical parameters.
[ 67 FR 51113 , Aug. 7, 2002]
§ 25.149 Application requirements for ancillary terrestrial components in the
mobile-satellite service networks operating in the 1.5./1.6 GHz, 1.6/2.4 GHz
and 2 GHz mobile-satellite service.
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(a) Applicants for ancillary terrestrial component authority shall
demonstrate that the applicant does or will comply with the following
through certification or explanatory technical exhibit, as appropriate:
(1) ATC shall be deployed in the forward-band mode of operation whereby the
ATC mobile terminals transmit in the MSS uplink bands and the ATC base
stations transmit in the MSS downlink bands in portions of the 2000–2020
MHz/2180–2200 MHz bands (2 GHz band), the 1626.5–1660.5 MHz/1525–1559 MHz
bands (L-band), and the 1610–1626.5 MHz/2483.5–2500 MHz bands (Big LEO
band).
Note to paragraph(a)(1): An L-band MSS licensee is permitted to apply for
ATC authorization based on a non-forward-band mode of operation provided it
is able to demonstrate that the use of a non-forward-band mode of operation
would produce no greater potential interference than that produced as a
result of implementing the rules of this section.
(2) ATC operations shall be limited to certain frequencies:
(i) In the 2000–2020 MHz/2180–2200 MHz bands (2 GHz MSS band), ATC
operations are limited to the selected assignment of the 2 GHz MSS licensee
that seeks ATC authority.
(ii) In the 1626.5–1660.5 MHz/1525–1559 MHz bands (L-band), ATC operations
are limited to the frequency assignments authorized and internationally
coordinated for the MSS system of the MSS licensee that seeks ATC authority.
(iii) In the 1610–1626.5 MHz/2483.5–2500 MHz bands (Big LEO bands), ATC
operations are limited to the 1610–1615.5 MHz, 1621.35–1626.5 MHz, and
2487.5–2493.0 MHz bands and to the specific frequencies authorized for use
by the MSS licensee that seeks ATC authority.
(3) ATC operations shall not exceed the geographical coverage area of the
mobile satellite service network of the applicant for ATC authority.
(4) ATC base stations shall comply with all applicable antenna and
structural clearance requirements established in part 17 of this chapter.
(5) ATC base stations and mobile terminals shall comply with part 1 of this
chapter, Subpart I—Procedures Implementing the National Environmental Policy
Act of 1969, including the guidelines for human exposure to radio frequency
electromagnetic fields as defined in §§1.1307(b) and 1.1310 of this chapter
for PCS networks.
(6) ATC base station operations shall use less than all available MSS
frequencies when using all available frequencies for ATC base station
operations would exclude otherwise available signals from MSS
space-stations.
(b) Applicants for an ancillary terrestrial component shall demonstrate that
the applicant does or will comply with the following criteria through
certification:
(1) Geographic and temporal coverage. (i) For the 2 GHz MSS band, an
applicant must demonstrate that it can provide space-segment service
covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-hundred
percent of the time, unless it is not technically possible, consistent with
the coverage requirements for 2 GHz MSS GSO operators.
(ii) For the L-band, an applicant must demonstrate that it can provide
space-segment service covering all 50 states, Puerto Rico, and the U.S.
Virgin Islands one-hundred percent of the time, unless it is not technically
possible for the MSS operator to meet the coverage criteria from its orbital
position.
(iii) For the Big LEO band, an applicant must demonstrate that it can
provide space-segment service to all locations as far north as 70° North
latitude and as far south as 55° South latitude for at least seventy-five
percent of every 24-hour period, i.e. , that at least one satellite will be
visible above the horizon at an elevation angle of at least 5° for at least
18 hours each day, and on a continuous basis throughout the fifty states,
Puerto Rico and the U.S. Virgin Islands, i.e. , that at least one satellite
will be visible above the horizon at an elevation angle of at least 5° at
all times.
(2) Replacement satellites. (i) Operational NGSO MSS ATC systems shall
maintain an in-orbit spare satellite.
(ii) Operational GSO MSS ATC systems shall maintain a spare satellite on the
ground within one year of commencing operations and launch it into orbit
during the next commercially reasonable launch window following a satellite
failure.
(iii) All MSS ATC licensees must report any satellite failures, malfunctions
or outages that may require satellite replacement within ten days of their
occurrence.
(3) Commercial availability. Mobile-satellite service must be commercially
available ( viz. , offering services for a fee) in accordance with the
coverage requirements that pertain to each band as a prerequisite to an MSS
licensee's offering ATC service.
(4) Integrated services. MSS ATC licensees shall offer an integrated service
of MSS and MSS ATC. Applicants for MSS ATC may establish an integrated
service offering by affirmatively demonstrating that:
(i) The MSS ATC operator will use a dual-mode handset that can communicate
with both the MSS network and the MSS ATC component to provide the proposed
ATC service; or
(ii) Other evidence establishing that the MSS ATC operator will provide an
integrated service offering to the public.
(5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is limited to an
MSS licensee's selected assignment. MSS ATC operations on frequencies beyond
the MSS licensee's selected assignment are prohibited.
(ii) In the Big LEO band, MSS ATC is limited to no more than 5.5 MHz of
spectrum in each direction of operation. Licensees in these bands may
implement ATC only on those channels on which MSS is authorized, consistent
with the Big LEO band-sharing arrangement.
(iii) In the L-band, MSS ATC is limited to those frequency assignments
available for MSS use in accordance with the Mexico City Memorandum of
Understanding, its successor agreements or the result of other organized
efforts of international coordination.
(c) Equipment certification. (1) Each ATC MET utilized for operation under
this part and each transmitter marketed, as set forth in §2.803 of this
chapter, must be of a type that has been authorized by the Commission under
its certification procedure for use under this part.
(2) Any manufacturer of radio transmitting equipment to be used in these
services may request equipment authorization following the procedures set
forth in subpart J of part 2 of this chapter. Equipment authorization for an
individual transmitter may be requested by an applicant for a station
authorization by following the procedures set forth in part 2 of this
chapter.
(3) Licensees and manufacturers are subject to the radiofrequency radiation
exposure requirements specified in §§1.1307(b), 2.1091 and 2.1093 of this
chapter, as appropriate. MSS ATC base stations must comply with the
requirements specified in §1.1307(b) of this chapter for PCS base stations.
MSS ATC mobile terminals must comply with the requirements specified for
mobile and portable PCS transmitting devices in §1.1307(b) of this chapter.
MSS ATC mobile terminals must also comply with the requirements in §§2.1091
and 2.1093 of this chapter for Satellite Communications Services devices.
Applications for equipment authorization of mobile or portable devices
operating under this section must contain a statement confirming compliance
with these requirements for both fundamental emissions and unwanted
emissions. Technical information showing the basis for this statement must
be submitted to the Commission upon request.
(d) Applicants for an ancillary terrestrial component authority shall
demonstrate that the applicant does or will comply with the provisions of
§§1.924 and 25.203(e) through 25.203(g) and with §§25.252, 25.253, or
25.254, as appropriate, through certification or explanatory technical
exhibit.
(e) Except as provided for in paragraph (f) of this section, no application
for an ancillary terrestrial component shall be granted until the applicant
has demonstrated actual compliance with the provisions of paragraph (b) of
this section. Upon receipt of ATC authority, all ATC licensees must ensure
continued compliance with this section and §§25.252, 25.253, or 25.254, as
appropriate.
(f) Special provision for operational MSS systems. Applicants for MSS ATC
authority with operational MSS systems that are in actual compliance with
the requirements prescribed in paragraphs (b)(1), (b)(2), and (b)(3) of this
section at the time of application may elect to satisfy the requirements of
paragraphs (b)(4) and (b)(5) of this section prospectively by providing a
substantial showing in its certification regarding how the applicant will
comply with the requirements of paragraphs (b)(4) and (b)(5) of this
section. Notwithstanding §25.117(f) and paragraph (e) of this section, the
Commission may grant an application for ATC authority based on such a
prospective substantial showing if the Commission finds that operations
consistent with the substantial showing will result in actual compliance
with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this
section. An MSS ATC applicant that receives a grant of ATC authority
pursuant to this paragraph (f) shall notify the Commission within 30 days
once it begins providing ATC service. This notification must take the form
of a letter formally filed with the Commission in the appropriate MSS
license docket and shall contain a certification that the MSS ATC service is
consistent with its ATC authority.
[ 68 FR 47859 , Aug. 12, 2003, as amended at 69 FR 48162 , Aug. 9, 2004; 70 FR 19318 , Apr. 13, 2005]
Processing of Applications
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§ 25.150 Receipt of applications.
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Applications received by the Commission are given a file number and
(domestic only) a unique station identifier for administrative convenience.
Neither the assignment of a file number and/or other identifier nor the
listing of the application on public notice as received for filing indicates
that the application has been found acceptable for filing or precludes the
subsequent return or dismissal of the application if it is found to be
defective or not in accordance with the Commission's rules.
§ 25.151 Public notice period.
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(a) At regular intervals, the Commission will issue public notices listing:
(1) The receipt of applications for new station authorizations;
(2) The receipt of applications for license or registration of receive-only
earth stations;
(3) The receipt of applications for major modifications to station
authorizations;
(4) The receipt of major amendments to pending applications;
(5) The receipt of applications to assign or transfer control of space
station facilities, transmitting earth station facilities, or international
receive-only earth station facilities;
(6) Significant Commission actions regarding applications;
(7) Information which the Commission in its discretion believes to be of
public significance; and
(8) Special environmental considerations as required by part 1 of this
chapter.
(b) Special public notices may also be issued at other times under special
circumstances involving non-routine matters where speed is of the essence
and efficiency of Commission process will be served thereby.
(c) A public notice will not normally be issued for receipt of any of the
following applications:
(1) For authorization of a minor technical change in the facilities of an
authorized station;
(2) For temporary authorization pursuant to §25.120.
(3) For an authorization under any of the proviso clauses of section 308(a)
of the Communications Act of 1934, as amended [47 U.S.C. 308(a)];
(4) For consent to an involuntary assignment or transfer of control of a
transmitting earth station authorization; or
(5) For consent to an assignment or transfer of control of a space station
authorization or a transmitting earth station authorization, where the
assignment or transfer does not involve a substantial change in ownership or
control; or
(6) For change in location of an earth station operating in the 4/6 GHz and
10.95–11.7 GHz bands by no more than 1" in latitude and/or longitude and for
change in location of an earth station operating in the 12/14 GHz bands by
no more than 10" in latitude and/or longitude.
(d) Except as specified in paragraph (e) of this section, no application
that has appeared on public notice will be granted until the expiration of a
period of thirty days following the issuance of the public notice listing
the application, or any major amendment thereto. Any comments or petitions
must be delivered to the Commission by that date in accordance with §25.154.
(e)(1) Applicants seeking authority to operate a temporary fixed earth
station pursuant to §25.277 may consider their applications “provisionally
granted,” and may initiate operations upon the placement of the complete FCC
Form 312 application on public notice, provided that
(i) The temporary fixed earth station will operate only in the conventional
Ku-band (14.0–14.5 GHz and 11.7–12.2 GHz bands);
(ii) The temporary fixed earth station's operations will be consistent with
all routine-licensing requirements for the conventional Ku-band; and
(iii) The temporary fixed earth station's operations will be limited to
satellites on the Permitted Space Station List.
(2) Applications for authority granted pursuant to paragraph (e)(1) of this
section shall be placed on public notice pursuant to paragraph (a)(1) of
this section. If no comments or petitions are filed within 30 days of the
public notice date, the authority granted will be considered a regular
temporary fixed earth station authorization as of 30 days after the public
notice date. If a comment or petition is filed within 30 days of the public
notice date, the applicant must suspend operations immediately pending
resolution of the issues raised in that comment or petition.
[ 56 FR 24016 , May 28, 1991, as amended at 58 FR 68061 , Dec. 23, 1993; 70 FR 32254 , June 2, 2005]
§ 25.152 Dismissal and return of applications.
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(a) Any application may be dismissed without prejudice as a matter of right
if the applicant requests its dismissal prior to final Commission action.
(b) The Commission will dismiss an application for failure to prosecute or
for failure to respond substantially within a specified time period to
official correspondence or requests for additional information. Dismissal
will be without prejudice unless the application is mutually exclusive
pursuant to §25.155, in which case it will be dismissed with prejudice.
§ 25.153 Repetitious applications.
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(a) Where an application has been denied or dismissed with prejudice, the
Commission will not consider a like application involving service of the
same kind to the same area by the same applicant, or by its successor or
assignee, or on behalf of or for the benefit of any of the original parties
in interest, until after the lapse of 12 months from the effective date of
the Commission's action. The Commission may, for good cause shown, waive the
requirements of this section.
(b) Where an appeal has been taken from the action of the Commission denying
a particular application, another application for the same class of station
and for the same area, in whole or in part, filed by the same applicant or
by his successor or assignee, or on behalf or for the benefit of the
original parties in interest, will not be considered until the final
disposition of the appeal.
§ 25.154 Opposition to applications and other pleadings.
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(a) Petitions to deny, petitions for other forms of relief, and other
objections or comments must:
(1) Identify the application or applications (including applicant's name,
station location, Commission file numbers, and radio service involved) with
which it is concerned;
(2) Be filed within thirty (30) days after the date of public notice
announcing the acceptance for filing of the application or major amendment
thereto (unless the Commission otherwise extends the filing deadline);
(3) Filed in accordance with the pleading limitations, periods and other
applicable provisions of §§1.41 through 1.52 of this chapter, except that
such petitions must be filed electronically through the International Bureau
Filing System (IBFS) in accordance with the applicable provisions of part 1,
subpart Y of this chapter;
(4) Contain specific allegations of fact (except for those of which official
notice may be taken) to support the specific relief requested, which shall
be supported by affidavit of a person or persons with personal knowledge
thereof, and which shall be sufficient to demonstrate that the petitioner
(or respondent) is a party of interest and that a grant of, or other
Commission action regarding, the application would be prima facie
inconsistent with the public interest; and
(5) Contain a certificate of service showing that it has been mailed to the
applicant no later than the date the pleading is filed with the Commission.
(b) The Commission will classify as informal objections:
(1) Any pleading not filed in accordance with paragraph (a) of this section;
(2) Any pleading to which the thirty (30) day public notice period of
§25.151 does not apply; or
(3) Any objections to the grant of an application when the objections do not
conform to either paragraph (a) of this section or to other Commission rules
and requirements.
(c) Except for opposition to petitions to deny an application filed pursuant
to §25.220, oppositions to petitions to deny an application or responses to
comments and informal objections regarding an application may be filed
within 10 days after the petition, comment, or objection is filed and must
be in accordance with other applicable provisions of §§1.41 through 1.52 of
this chapter, except that such oppositions must be filed electronically
through the International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter.
(d) Except for opposition to petitions to deny an application filed pursuant
to §25.220, reply comments by the party that filed the original petition may
be filed with respect to pleadings filed pursuant to paragraph (c) of this
section within 5 days after the time for filing oppositions has expired
unless the Commission otherwise extends the filing deadline and must be in
accordance with other applicable provisions of §§1.41 through 1.52 of this
chapter, except that such reply comments must be filed electronically
through the International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter.
(e) If a petition to deny an application filed pursuant to §25.220 is filed,
the applicant must file a statement with the Commission explaining whether
the applicant has resolved all outstanding issues raised by the petitioner,
within 30 days of the date the petition for deny is filed. This statement
must be in accordance with the provisions of §§1.41 through 1.52 of this
chapter applicable to oppositions to petitions to deny, except that such
reply comments must be filed electronically through the International Bureau
Filing System (IBFS) in accordance with the applicable provisions of part 1,
subpart Y of this chapter.
[ 56 FR 24016 , May 28, 1991, as amended at 69 FR 47795 , Aug. 6, 2004; 70 FR 32254 , June 2, 2005]
§ 25.155 Mutually exclusive applications.
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(a) The Commission will consider applications to be mutually exclusive if
their conflicts are such that the grant of one application would effectively
preclude by reason of harmful electrical interference, or other practical
reason, the grant of one or more other applications.
(b) An application for an NGSO-like space station license, within the
meaning of §25.157, will be entitled to comparative consideration with one
or more conflicting applications only if:
(1) The application is mutually exclusive with another NGSO-like space
station application; and
(2) The application is received by the Commission in a condition acceptable
for filing by the “cut-off” date specified in a public notice.
(c) An application for a GSO-like space station license, within the meaning
of §25.158, will be entitled to comparative consideration with one or more
conflicting applications only if:
(1) The application is mutually exclusive with another GSO-like space
station application; and
(2) The application is received by the Commission in a condition acceptable
for filing at the same millisecond as another GSO-like space station
application with which it is mutually exclusive.
[ 68 FR 51505 , Aug. 27, 2003]
§ 25.156 Consideration of applications.
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(a) Applications for a radio station authorization, or for modification or
renewal of an authorization, will be granted if, upon examination of the
application, any pleadings or objections filed, and upon consideration of
such other matters as it may officially notice, the Commission finds that
the applicant is legally, technically, and otherwise qualified, that the
proposed facilities and operations comply with all applicable rules,
regulations, and policies, and that grant of the application will serve the
public interest, convenience and necessity.
(b) Whenever the Commission grants any application in part, or subject to
any terms or conditions other than those routinely applied to applications
of the same type, the grant shall be considered final unless the Commission
should revise its action (either by granting the application as originally
requested, or by designating the application for hearing) in response to a
petition for reconsideration which:
(1) Is filed by the applicant within thirty (30) days from the release date
of the conditioned grant; and
(2) Rejects the grant as made and explains the reasons why the application
should be granted as originally requested.
(c) Reconsideration or review of any final action taken by the Commission
will be in accordance with subpart A of part 1 of this chapter.
(d)(1) Applications for NGSO-like satellite systems will be considered
pursuant to the procedures set forth in §25.157.
(2) Applications for GSO-like satellite systems will be considered pursuant
to the procedures set forth in §25.158.
(3) Applications for NGSO-like satellite and GSO-like systems employing two
or more service bands will be treated like separate applications for each
service band, and each service band request will be considered pursuant to
§25.157 or §25.158, as appropriate.
(4) Applications for feeder link authority or intersatellite link authority
will be treated like an application separate from its associated service
band. Each feeder link request or intersatellite link request will be
considered pursuant to the procedure for GSO-like service or NGSO-like
service, as applicable.
(5) In cases where the Commission has not adopted frequency-band specific
service rules, the Commission will not consider NGSO-like applications after
it has granted a GSO-like application, and it will not consider GSO-like
applications after it has granted an NGSO-like application, unless and until
the Commission establishes NGSO/GSO sharing criteria for that frequency
band. In the event that the Commission receives NGSO-like applications and
GSO-like applications at the same time, and the Commission has not adopted
sharing criteria in that band, the Commission will divide the spectrum
between GSO-like and NGSO-like licensees based on the proportion of
qualified GSO-like and NGSO-like applicants.
(6) An application for DBS or DARS services will be entitled to comparative
consideration with one or more conflicting applications only if:
(i) The application is mutually exclusive with another application; and
(ii) The application is received by the Commission in a condition acceptable
for filing by the “cut-off” date specified in a public notice.
[ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51505 , Aug. 27, 2003]
§ 25.157 Consideration of NGSO-like satellite applications.
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(a) This section specifies the Commission's procedures for considering
license applications for “NGSO-like satellite systems.” For purposes of this
section, the term “NGSO-like satellite system” is defined as:
(1) All NGSO satellite systems, and
(2) All GSO MSS satellite systems, in which the satellites are designed to
communicate with earth stations with omni-directional antennas.
(b) Each NGSO-like satellite system application will be reviewed to
determine whether it is acceptable for filing within the meaning of §25.112.
Any application that is not acceptable for filing would be returned to the
applicant.
(c) Each NGSO-like satellite system application that is acceptable for
filing will be reviewed to determine whether it is a “competing
application,” i.e. , filed in response to a public notice initiating a
processing round, or a “lead application,” i.e. , all other NGSO-like
satellite system applications.
(1) Competing applications that are acceptable for filing will be placed on
public notice to provide interested parties an opportunity to file pleadings
in response to the application pursuant to §25.154.
(2) Lead applications that are acceptable for filing will be placed on
public notice. This public notice will initiate a processing round,
establish a cut-off date for competing NGSO-like satellite system
applications, and provide interested parties an opportunity to file
pleadings in response to the application pursuant to §25.154.
(d) After review of each of the applications in the processing round, and
all the pleadings filed in response to each application, the Commission will
grant all the applications that meet the standards of §25.156(a), and deny
the other applications.
(e)(1) In the event that there is insufficient spectrum in the frequency
band available to accommodate all the qualified applicants in a processing
round, the available spectrum will be divided equally among the licensees
whose applications are granted pursuant to paragraph (d) of this section,
except as set forth in paragraph (e)(2) or (e)(3) of this section.
(2) In cases where there are only one or two applications in a processing
round granted pursuant to paragraph (d) of this section, each applicant will
be assigned 1/3 of the available spectrum, and the remaining spectrum will
be made available to other licensees in an additional processing round
pursuant to paragraph (c) of this section.
(3) In cases where there are three or more applications in a processing
round granted pursuant to paragraph (d) of this section, and one or more
applicants apply for less spectrum than they would be warranted under
paragraph (e)(1) of this section, those applicants will be assigned the
bandwidth amount they requested in their applications. In those cases, the
remaining qualified applicants will be assigned the lesser of the amount of
spectrum they requested in their applications and the amount spectrum that
they would be assigned if the available spectrum were divided equally among
the remaining qualified applicants.
(f)(1) Each licensee will be allowed to select the particular band segment
it wishes to use no earlier than 60 days before they plan to launch the
first satellite in its system, and no later than 30 days before that date,
by submitting a letter to the Secretary of the Commission. The licensee
shall serve copies of this letter to the other participants in the
processing round pursuant to §1.47 of this chapter.
(2) The licensee shall request contiguous bandwidth in both the uplink and
downlink band. Each licensee's bandwidth selection in both the uplink and
downlink band shall not preclude other licensees from selecting contiguous
bandwidth.
(3) If two or more licensees in a processing round request the same band
segment, all licensees other than the first one to request that particular
band segment will be required to make another selection.
(g)(1) In the event that an applicants' license is cancelled for any reason,
the Commission will redistribute the bandwidth allocated to that applicant
equally among the remaining applicants whose licenses were granted
concurrently with the cancelled license, unless the Commission determines
that such a redistribution would not result in a sufficient number of
licensees remaining to make reasonably efficient use of the frequency band.
(2) In the event that the redistribution of bandwidth set forth in paragraph
(g)(1) of this section would not result in a sufficient number of licensees
remaining to make reasonably efficient use of the frequency band, the
Commission will issue a public notice initiating a processing round, as set
forth in paragraph (c) of this section, to invite parties to apply for an
NGSO-like satellite system license to operate in a portion of the bandwidth
made available as a result of the cancellation of the initial applicant's
license. Parties already holding licenses to operate an NGSO-like satellite
system in that frequency band will not be permitted to participate in that
processing round.
(3) There is a presumption that three satellite licensees in a frequency
band are sufficient to make reasonably efficient use of the frequency band.
(h) Services offered pursuant to an NGSO-like license in a frequency band
granted before the Commission has adopted frequency-band-specific service
rules for that band will be subject to the default service rules in §25.217.
[ 68 FR 51505 , Aug. 27, 2003]
§ 25.158 Consideration of GSO-like satellite applications.
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(a) This section specifies the Commission's procedures for considering
license applications for “GSO-like satellite systems.” For purposes of this
section, the term “GSO-like satellite system” is defined as a GSO satellite
designed to communicate with earth stations with directional antennas.
Examples of GSO-like satellite systems are those which use earth stations
with antennas with directivity towards the satellites, such as FSS, and MSS
feeder links which use GSO satellites. GSO-like satellite systems are
satellite systems that are not NGSO-like satellite systems within the
meaning of §25.157(a).
(b) Applications for GSO-like satellite system licenses will be placed in a
queue and considered in the order that they are filed, pursuant to the
following procedure:
(1) The application will be reviewed to determine whether it is acceptable
for filing within the meaning of §25.112. If not, the application will be
returned to the applicant.
(2) If the application is acceptable for filing, the application will be
placed on public notice pursuant to §25.151, and interested parties will be
given an opportunity to file pleadings pursuant to §25.154.
(3) The application will be granted only if it meets each of the following
criteria:
(i) After review of the application and any pleadings filed in response to
that application, the Commission finds that the application meets the
standards of §25.156(a); and
(ii) The proposed satellite will not cause harmful interference to any
previously licensed operations.
(c) An applicant for a GSO-like satellite system license is not allowed to
transfer, assign, or otherwise permit any other entity to assume its place
in any queue.
(d) In the event that two or more GSO-like satellite system license
applications are mutually exclusive within the meaning of §25.155(c), the
Commission will consider those applications pursuant to the following
procedure:
(1) Each application will be reviewed to determine whether it is acceptable
for filing within the meaning of §25.112. Any application not found
acceptable for filing will be returned to the applicant.
(2) All applications that are acceptable for filing will be placed on public
notice pursuant to §25.151, and interested parties will be given an
opportunity to file pleadings pursuant to §25.154.
(3) Each application will be granted if it meets the criteria of paragraph
(b)(3) of this section, and otherwise will be denied.
(4) In the event that two or more applications are granted pursuant to
paragraph (d)(3) of this section, the available bandwidth at the orbital
location or locations in question will be divided equally among those
licensees.
(5) Licensees whose licenses are granted pursuant to paragraph (d)(4) of
this section will be allowed to select the particular band segment it wishes
to use no earlier than 60 days before they plan to launch the first
satellite in its system, and no later than 30 days before that date, by
submitting a letter to the Secretary of the Commission. The licensee shall
serve copies of this letter to the other participants in the processing
round pursuant to §1.47 of this chapter.
(6) Licensees whose licenses are granted pursuant to paragraph (d)(4) of
this section shall request contiguous bandwidth in both the uplink and
downlink band. Each licensee's bandwidth selection shall not preclude other
licensees from selecting contiguous bandwidth.
(7) If two or more licensees whose licenses are granted pursuant to
paragraph (d)(4) of this section request the same band segment, all
licensees other than the first one to request that particular band segment
will be required to make another selection.
(e) Services offered pursuant to a GSO-like license in a frequency band
granted before the Commission has adopted frequency-band-specific service
rules for that band will be subject to the default service rules in §25.217.
[ 68 FR 51506 , Aug. 27, 2003]
§ 25.159 Limits on pending applications and unbuilt satellite systems.
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(a) Applicants with a total of five applications for GSO-like space station
licenses on file with the Commission in a particular frequency band, or a
total of five licensed-but-unbuilt GSO-like space stations in a particular
frequency band, or a combination of pending GSO-like applications and
licensed-but-unbuilt GSO-like space stations in a particular frequency band
that equals five, will not be permitted to apply for another GSO-like space
station license in that frequency band.
(b) Applicants with an application for one NGSO-like satellite system
license on file with the Commission in a particular frequency band, or one
licensed-but-unbuilt NGSO-like satellite system in a particular frequency
band, will not be permitted to apply for another NGSO-like satellite system
license in that frequency band.
(c) If an applicant has an attributable interest in one or more other
entities seeking one or more space station licenses, the pending
applications and licensed-but-unbuilt satellite systems filed by those other
entities will be counted as filed by the applicant for purposes of the
limits on the number of pending space station applications and
licensed-but-unbuilt satellite systems in this paragraph. For purposes of
this paragraph, an applicant has an “attributable interest” in another
entity if:
(1) It holds equity (including all stockholdings, whether voting or
nonvoting, common or preferred) and debt interest or interests, in the
aggregate, exceed thirty-three (33) percent of the total asset value
(defined as the aggregate of all equity plus all debt) of that entity, or
(2) It holds a controlling interest in that entity, or is the subsidiary of
a party holding a controlling interest in that entity, within the meaning of
47 CFR 1.2110(b)(2).
(3) For purposes of paragraphs (c)(1) and (c)(2) of this section, ownership
interests shall be calculated on a fully diluted basis, i.e. , all
agreements, such as warrants, stock options, and convertible debentures,
will generally be treated as if the rights thereunder already have been
fully exercised.
(d) In the event that a licensee misses three or more milestones within any
three-year period, the Commission will presume that the licensee obtained
one or more of those licenses for speculative purposes. Unless the licensee
rebuts this presumption, it will not be permitted to apply for a GSO-like
satellite or an NGSO-like satellite system in any frequency band if it has
two or more satellite applications pending, or two licensed-but-unbuilt
satellite systems of any kind. This limit will remain in effect until the
licensee provides adequate information to demonstrate that it is very likely
to construct its licensed facilities if it were allowed to file more
applications.
(e) For purposes of this section, “frequency band” means one of the paired
frequency bands available for satellite service listed in §25.202.
[ 68 FR 51506 , Aug. 27, 2003]
Forfeiture, Termination, and Reinstatement of Station Authorization
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§ 25.160 Administrative sanctions.
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(a) A forfeiture may be imposed for failure to operate in conformance with
the Communications Act, license specifications, any conditions imposed on an
authorization, or any of the Commission's rules and regulations; or for
failure to comply with Commission requests for information needed to
complete international coordination or for failure to cooperate in
Commission investigations with respect to international coordination.
(b) A forfeiture will be imposed and the station license may be terminated
for the malicious transmissions of any signal that causes harmful
interference with any other radio communications or signals.
(c) A station license may be revoked for any repeated and willful violation
of the kind set forth in paragraphs (a) and (b) of this section.
(d) The sanctions specified in paragraphs (a), (b), and (c) of this section
will be imposed only after the licensee has been provided an opportunity to
be heard pursuant to titles III and V of the Communications Act of 1934, as
amended.
(e) For purposes of this section, the term “repeated” and “willful” are
defined as set out in section 312(f) of the Communications Act, 47 U.S.C.
312(f).
§ 25.161 Automatic termination of station authorization.
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A station authorization shall be automatically terminated in whole or in
part without further notice to the licensee upon:
(a)(1) Failure to meet any applicable milestone for implementation of the
licensed satellite system specified in §§25.164(a) and/or (b), without
demonstrating that the failure was caused by circumstances beyond the
licensee's control, or
(2) If there are no applicable milestones for implementation of the licensed
satellite system specified in §§25.164(a) and/or (b), the expiration of the
required date of completion of construction or other required action
specified in the authorization, or after any additional time authorized by
the Commission, if a certification of completion of the required action has
not been filed with the Commission unless a request for an extension of time
has been filed with the Commission but has not been acted on.
(b) The expiration of the license period, unless an application for renewal
of the license has been filed with the Commission pursuant to §25.120(e); or
(c) The removal or modification of the facilities which renders the station
not operational for more than 90 days, unless specific authority is
requested.
[ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51507 , Aug. 27, 2003]
§ 25.162 Cause for termination of interference protection.
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The protection from interference afforded by the registration of a receiving
earth station shall be automatically terminated if:
(a) The request for registration is not submitted to the Commission within 3
months of the completion of the frequency coordination process, except as
provided for in §25.203;
(b) The receiving earth station is not constructed and placed into service
within 6 months after completion of coordination;
(c) The Commission finds that the station has been used less than 50% of the
time during any 12 month period;
(d) The Commission finds that the station has been used for an unlawful
purpose or otherwise in violation of the Commission's rules, regulations or
policies;
(e) The Commission finds that the actual use of the facility is inconsistent
with what was set forth in the registrant's application; or
(f) The Commission finds that the frequency coordination exhibit, upon which
the granted registration is based, is incomplete or does not conform with
established coordination procedures.
§ 25.163 Reinstatement.
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(a) A station authorization terminated in whole or in part under the
provisions of §25.161 may be reinstated if the Commission, in its
discretion, determines that reinstatement would best serve the public
interest, convenience and necessity. Petitions for reinstatement will be
considered only if:
(1) The petition is filed within 30 days after the expiration date set forth
in §25.161(a) or §25.161(b), whichever is applicable;
(2) The petition explains the failure to file a timely notification or
renewal application; and
(3) The petition sets forth with specificity the procedures which have been
established to insure timely filings in the future.
(b) A special temporary authorization shall automatically terminate upon the
expiration date specified therein, or upon failure of the grantee to comply
with any special terms or conditions set forth in the authorization.
Temporary operation may be extended beyond the termination date only upon
application to the Commission.
§ 25.164 Milestones.
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(a) Licensees of geostationary orbit satellite systems other than DBS and
DARS satellite systems, including GSO MSS satellite systems, licensed on or
after August 27, 2003 will be required to comply with the schedule set forth
in paragraphs (a)(1) through (a)(4) of this section in implementing their
satellite systems, unless a different schedule is established by Title 47,
Chapter I, or by Commission Order, or by Order adopted pursuant to delegated
authority. These dates are to be measured from the date the license is
issued.
(1) One year: Enter into a binding non-contingent contract to construct the
licensed satellite system.
(2) Two years: Complete the critical design review of the licensed satellite
system.
(3) Three years: Begin the construction of the satellite.
(4) Five years: Launch and operate the satellite.
(b) Licensees of non-geostationary orbit satellite systems other than DBS
and DARS satellite systems licensed on or after September 11, 2003, will be
required to comply with the schedule set forth in paragraphs (b)(1) through
(b)(5) of this section in implementing their satellite systems, unless a
different schedule is established by Title 47, Chapter I, or by Commission
Order, or by Order adopted pursuant to delegated authority. These dates are
to be measured from the date the license is issued.
(1) One year: Enter into a binding non-contingent contract to construct the
licensed satellite system.
(2) Two years: Complete the critical design review of the licensed satellite
system.
(3) Two years, six months: Begin the construction of the first satellite in
the licensed satellite system.
(4) Three years, six months: Launch and operate the first satellite in the
licensed satellite system.
(5) Six years: Bring all the satellites in the licensed satellite system
into operation.
(c) Licensees of all satellite systems, other than DBS and DARS satellite
systems, licensed on or after September 11, 2003, will be required to submit
a copy of their binding non-contingent contract with the Commission on or
before the date scheduled for entering into such a contract.
(d) Licensees of all satellite systems, other than DBS and DARS satellite
systems, licensed on or after September 11, 2003, will be required to submit
information to the Commission sufficient to demonstrate that the licensee
has completed the critical design review of the licensed satellite system on
or before the date scheduled for entering into such completion.
(e) Licensees of all satellite systems, other than DBS and DARS satellite
systems, licensed on or after September 11, 2003, will be required to submit
information to the Commission sufficient to demonstrate that the licensee
has commenced physical construction of its licensed spacecraft on or before
the date scheduled for such commencement.
(f) In cases where the Commission grants a satellite authorization in
different stages, such as a license for a satellite system using feeder
links or intersatellite links, the earliest of the milestone schedules shall
be applied to the entire satellite system.
(g) Licensees of satellite systems that include both non-geostationary orbit
satellites and geostationary orbit satellites, other than DBS and DARS
satellite systems, and licensed on or after September 20, 2004 will be
required to comply with the schedule set forth in paragraph (a) of this
section with respect to the geostationary orbit satellites, and with the
schedule set forth in paragraph (b) of this section with respect to the
non-geostationary orbit satellites.
[ 68 FR 51507 , Aug. 27, 2003, as amended at 69 FR 51587 , Aug. 20, 2004]
§ 25.165 Posting of bonds.
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(a) For all satellite licenses issued after September 20, 2004, other than
DBS licenses, DARS licenses, and replacement satellite licenses as defined
in paragraph (e), the licensee is required to post a bond within 30 days of
the grant of its license. Failure to post a bond will render the license
null and void automatically.
(1) NGSO licensees are required to post a bond in the amount of $5 million.
(2) GSO licensees are required to post a bond in the amount of $3 million.
(3) Licensees of satellite systems including both NGSO satellites and GSO
satellites that operate in the same frequency bands as the NGSO satellites
are required to post a bond in the amount of $5 million.
(b) The licensee must use a surety company deemed acceptable within the
meaning of 31 U.S.C. 9304 et seq. ( See, e.g. , Department of Treasury
Fiscal Service, Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and As Acceptable Reinsurance Companies, 57 FR 29356 , July 1, 1992.) The bond must name the U.S. Treasury as beneficiary in
the event of the licensee's default. The licensee must provide the
Commission with a copy of the performance bond, including all details and
conditions.
(c) A licensee will be considered to be in default if it fails to meet any
milestone deadline set forth in §25.164, and, at the time of milestone
deadline, the licensee has not provided a sufficient basis for extending the
milestone.
(d) A GSO licensee will be permitted to reduce the amount of the bond by
$750,000 upon successfully meeting a milestone deadline set forth in section
25.164(a) of this chapter. An NGSO licensee will be permitted to reduce the
amount of the bond by $1 million upon successfully meeting a milestone
deadline set forth in section 25.164(b) of this chapter.
(e) A replacement satellite is one that is:
(1) Authorized to be operated at the same orbit location, in the same
frequency bands, and with the same coverage area as one of the licensee's
existing satellites, and
(2) Scheduled to be launched so that it will be brought into use at
approximately the same time as, but no later than, the existing satellite is
retired.
[ 68 FR 51507 , Aug. 27, 2003, as amended at 69 FR 51587 , Aug. 20, 2004]
Subpart C—Technical Standards
top
Source: 30 FR 7176 , May 28, 1965; 36 FR 2562 , Feb. 6, 1971, unless
otherwise noted.
§ 25.201 Definitions.
top
Definitions for terms in subpart C of this part appear in this section, and
in §2.1 of this chapter.
17/24 GHz Broadcasting-Satellite Service. A radiocommunications service
using geostationary satellites between one or more feeder link earth
stations and other earth stations, in the 17.3—17.7 GHz (space-to-Earth)
(domestic allocation), 17.3—17.8 GHz (international allocation) and
24.75—25.25 GHz frequency bands. This service is also known as “17/24 GHz
BSS.” For purposes of the application processing provisions of this part,
17/24 GHz BSS is a GSO-like service. For purposes of the technical
requirements of this part, we will treat 17/24 GHz BSS as if it were FSS.
Unless specifically stated otherwise, the 17/24 GHz BSS systems are subject
to the rules in this part applicable to FSS.
Active satellite. An earth satellite carrying a station intended to transmit
or re-transmit radiocommunication signals.
Ambulatory. Not stationary. Baselines from which maritime boundaries are
measured change with accretion- and erosion-caused ambulation of the
boundaries themselves.
Ancillary terrestrial component. The term “ancillary terrestrial
component” means a terrestrial communications network used in conjunction
with a qualifying satellite network system authorized pursuant to these
rules and the conditions established in the Orders issued in IB Docket No.
01–185, Flexibility for Delivery of Communications by Mobile Satellite
Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band.
Ancillary terrestrial component base station. The term “ancillary
terrestrial component base station” means a terrestrial fixed facility used
to transmit communications to or receive communications from one or more
ancillary terrestrial component mobile terminals.
Ancillary terrestrial component mobile terminal. The term “ancillary
terrestrial component mobile terminal” means a terrestrial mobile facility
used to transmit communications to or receive communications from an
ancillary terrestrial component base station or a space station.
Base Earth Station. An earth station in the fixed-satellite service or, in
some cases, in the land mobile-satellite service, located at a specified
fixed point or within a specified area on land to provide a feeder link for
the land mobile-satellite service. (RR)
Baseline. The line from which maritime zones are measured, also known as the
coast line. The baseline is a combination of the low-water line (“low-tide
elevation”) and closing lines across the mouths of inland water bodies. The
baseline is defined by a series of baseline points. The baseline points are
not just the low-water marks of the shore of mainland but also includes
islands and “low-water elevations” ( i.e. , natural rocks). Baseline points
are ambulatory, and thus, require adjustment from time-to-time by the U.S.
Department of State's Baseline Committee.
C-band. For purposes of this part, the terms “C-band” and “conventional
C-band” refer specifically to the 3700–4200 MHz downlink and 5925–6425 MHz
uplink frequency bands. These paired bands are allocated to the
Fixed-Satellite Service and are also referred to as the 4/6 GHz band(s).
Coordination distance. For the purposes of this part, the expression
“coordination distance” means the distance from an earth station, within
which there is a possibility of the use of a given transmitting frequency at
this earth station causing harmful interference to stations in the fixed or
mobile service, sharing the same band, or of the use of a given frequency
for reception at this earth station receiving harmful interference from such
stations in the fixed or mobile service.
Direct Broadcast Satellite Service. A radiocommunication service in which
signals transmitted or retransmitted by space stations, using frequencies
specified in §25.202(a)(7), are intended for direct reception by the general
public. For the purposes of this definition, the term direct reception shall
encompass both individual reception and community reception.
Earth station. A station located either on the Earth's surface or within the
major portion of the Earth's atmosphere intended for communication:
(a) With one or more space stations; or
(b) With one or more stations of the same kind by means of one or more
reflecting satellites or other objects in space.
Earth Station on Vessel (“ESV”). An ESV is an earth station onboard a craft
designed for traveling on water receiving from and transmitting to
fixed-satellite space stations.
Electronic filing. The submission of applications, exhibits, pleadings, or
other filings to the Commission in an electronic form using Internet or
World Wide Web on-line filing forms.
Equivalent diameter. When circular aperture reflector antennas are employed,
the size of the antenna is generally expressed as the diameter of the
antenna's main reflector. When non-reflector or non-circular aperture
antennas are employed, an equivalent diameter can be computed for the
antenna. The equivalent diameter is the diameter of a hypothetical circular
aperture antenna with the same aperture area as the actual antenna. For
example, an elliptical aperture antenna with major axis, a , and minor axis,
b , will have an equivalent diameter of [ a × b ]^1/2. A rectangular
aperture antenna with length, l , and width, w , will have an equivalent
diameter of [4( l × w )/π]^1/2.
Equivalent power flux-density. The equivalent power flux-density (EPFD) is
the sum of the power flux-densities produced at a geostationary satellite
orbit (GSO) receive earth or space station on the Earth's surface or in the
geostationary satellite orbit, as appropriate, by all the transmit stations
within a non-geostationary satellite orbit fixed-satellite service (NGSO
FSS) system, taking into account the off-axis discrimination of a reference
receiving antenna assumed to be pointing in its nominal direction. The
equivalent power flux-density, in dB(W/m^2 ) in the reference bandwidth, is
calculated using the following formula:
[MATH: 
:MATH]
Where:
N ais the number of transmit stations in the non-geostationary satellite
orbit system that are visible from the GSO receive station considered on the
Earth's surface or in the geostationary satellite orbit, as appropriate;
i is the index of the transmit station considered in the non-geostationary
satellite orbit system;
P iis the RF power at the input of the antenna of the transmit station,
considered in the non-geostationary satellite orbit system in dBW in the
reference bandwidth;
2iis the off-axis angle between the boresight of the transmit station
considered in the non-geostationary satellite orbit system and the direction
of the GSO receive station;
G t(2i) is the transmit antenna gain (as a ratio) of the station considered
in the non-geostationary satellite orbit system in the direction of the GSO
receive station;
d iis the distance in meters between the transmit station considered in the
non-geostationary satellite orbit system and the GSO receive station;
Niis the off-axis angle between the boresight of the antenna of the GSO
receive station and the direction of the ith transmit station considered in
the non-geostationary satellite orbit system;
G r(Ni) is the receive antenna gain (as a ratio) of the GSO receive station
in the direction of the ith transmit station considered in the
non-geostationary satellite orbit system;
G r,[max]is the maximum gain (as a ratio) of the antenna of the GSO receive
station;
Fixed earth station. An earth station intended to be used at a specified
fixed point.
Fixed-Satellite Service. A radiocommunication service between earth stations
at given positions, when one or more satellites are used; the given position
may be a specified fixed point or any fixed point within specified areas; in
some cases this service includes satellite-to-satellite links, which may
also be operated in the inter-satellite service; the fixed-satellite service
may also include feeder links of other space radiocommunication services.
(RR)
Geostationary satellite. A geosynchronous satellite whose circular and
direct orbit lies in the plane of the Earth's equator and which thus remains
fixed relative to the Earth; by extension, a satellite which remains
approximately fixed relative to the Earth.
2 GHz Mobile Satellite Service. A mobile-satellite service that operated in
the 2000–2020 MHz and 2180–2200 MHz frequency bands, or in any portion
thereof.
Inter-Satellite Service. A radiocommunication service providing links
between artificial earth satellites.
Land Earth Station. An earth station in the fixed-satellite service or, in
some cases, in the mobile-satellite service, located at a specified fixed
point or within a specified area on land to provide a feeder link for the
mobile-satellite service. (RR)
Land Mobile Earth Station. A mobile earth station in the land
mobile-satellite service capable of surface movement within the geographical
limits of a country or continent. (RR)
Ku-band. In this rule part, the terms “Ku-band” and “conventional Ku-band”
refer specifically to the 11700–12200 MHz downlink and 14000–14500 MHz
uplink frequency bands. These paired bands are allocated to the
Fixed-Satellite Service and are also referred to as the 12/14 GHz band(s).
Low-Tide Elevation. A naturally formed area of land that is surrounded by
and above water at low tide but below water at high tide. Low-tide
elevations serve as part of the coast line when they are within the breath
of the territorial sea of the mainland (either uplands or inland waters) or
an island. 1958 Convention on the Territorial Sea, Article 11.
Mobile earth station. An earth station intended to be used while in motion
or during halts at unspecified points.
Mobile-Satellite Service. A radiocommunication service:
(1) Between mobile earth stations and one or more space stations, or between
space stations used by this service; or
(2) Between mobile earth stations, by means of one or more space stations.
This service may also include feeder links necessary for its operation. (RR)
NGSO FSS gateway earth station. A gateway earth station is an earth station
complex consisting of multiple interconnecting earth station antennas
supporting the communication routing and switching functions of a
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) system
as a whole. A gateway earth station in the NGSO FSS:
(1) Does not originate or terminate radiocommunication traffic, but
interconnects multiple non-collocated user earth stations operating in
frequency bands other than designated gateway bands, through a satellite
with other primary terrestrial networks, such as the public switched
telephone network (PSTN) and/or Internet networks.
(2) Shall not be for the exclusive use of any customer.
(3) May also be used for telemetry, tracking, and command transmissions for
the same NGSO FSS system.
(4) May include multiple antennas, each required to meet the antenna
performance standard in §25.209(h), located within an area of one second
latitude by one second longitude.
(5) Is considered as a separate gateway earth station complex if it is out
side of the area of one second latitude by one second longitude of paragraph
(4) of this definition, for the purposes of coordination with terrestrial
services.
Non-Voice, Non-Geostationary Mobile-Satellite Service. A mobile-satellite
service reserved for use by non-geostationary satellites in the provision of
non-voice communications which may include satellite links between land
earth stations at fixed locations.
1.6/2.4 GHz Mobile-Satellite Service. A mobile-satellite service that
operates in the 1610–1626.5 MHz and 2483.5–2500 MHz frequency bands, or in
any portion thereof.
Passive satellite. An earth satellite intended to transmit radio
communication signals by reflection.
Permitted Space Station List. A list of satellites operating in the C-band
and/or Ku-band including all U.S.-licensed satellites and those
non-U.S.-licensed satellites for which the Commission has authorized routine
U.S.-licensed earth stations to communicate with that satellite, and the
satellite operator has requested the Commission to place its satellite on
the Permitted Space Station List.
Power flux density. The amount of power flow through a unit area within a
unit bandwidth. The units of power flux density are those of power spectral
density per unit area, namely watts per hertz per square meter. These units
are generally expressed in decibel form as dB(W/Hz/m^2 ), dB(W/m^2 ) in a 4
kHz band, or dB(W/m^2 ) in a 1 MHz band.
Power spectral density. The amount of an emission's transmitted carrier
power falling within the stated reference bandwidth. The units of power
spectral density are watts per hertz and are generally expressed in decibel
form as dB(W/Hz), dB(W/4kHz), or dB(W/1MHz).
Protection areas. The geographic regions on the surface of the Earth where
United States Department of Defense (“DoD”) meteorological satellite systems
or National Oceanic and Atmospheric Administration (“NOAA”) meteorological
satellite systems, or both such systems, are receiving signals from low
earth orbiting satellites.
Radiodetermination-Satellite Service. A radiocommunication service for the
purpose of radiodetermination involving the use of one of more space
stations. This service may also include feeder links necessary for its own
operation. (RR)
Routine processing or licensing. A licensing process whereby applications
are processed in an expedited fashion. Such applications must be complete in
all regards and consistent with all Commission Rules and must not raise any
policy issues. With respect to earth station licensing, an application is
“routine” only if it conforms to all antenna, power, coordination, radiation
hazard, and FAA notification rules, and accesses only “Permitted Space
Station List” satellites in the conventional C-band or Ku-band frequency
bands.
Satellite Digital Audio Radio Service (“DARS”). A radiocommunication service
in which audio programming is digitally transmitted by one or more space
stations directly to fixed, mobile, and/or portable stations, and which may
involve complementary repeating terrestrial transmitters, telemetry,
tracking and control facilities.
Satellite system. A space system using one or more artificial earth
satellites.
Selected assignment. The term “selected assignment” means a spectrum
assignment voluntarily identified by a 2 GHz MSS licensee at the time that
the licensee's first 2 GHz mobile-satellite service satellite reaches its
intended orbit, or other mobile-satellite service spectrum in which the
Commission permits a 2 GHz mobile-satellite service licensee to conduct
mobile-satellite service operations with authority superior to that of other
in-band, mobile-satellite service licensees.
Spacecraft. A man-made vehicle which is intended to go beyond the major
portion of the Earth's atmosphere.
Space operation service. A radiocommunication service concerned exclusively
with the operation of spacecraft, in particular space tracking, space
telemetry and space telecommand. These functions will normally be provided
within the service in which the space station is operating.
Space radiocommunication. Any radiocommunication involving the use of one or
more space stations or the use of one or more reflecting satellites or other
objects in space.
Space station. A station located on an object which is beyond, is intended
to go beyond, or has been beyond, the major portion of the Earth's
atmosphere.
Space system. Any group of cooperating earth stations and/or space stations
employing space radiocommunication for specific purposes.
Space telecommand. The use of radiocommunication for the transmission of
signals to a space station to initiate, modify or terminate function of the
equipment on a space object, including the space station.
Space telemetering. The use of telemetering for the transmission from a
space station of results of measurements made in a spacecraft, including
those relating to the functioning of the spacecraft.
Space tracking. Determination of the orbit, velocity or instantaneous
position of an object in space by means of radiodetermination, excluding
primary radar, for the purpose of following the movement of the object.
Structural attenuation. The term “structural attenuation” means the signal
attenuation caused by transmitting to and from mobile terminals which are
located in buildings or other man-made structures that attenuate the
transmission of radiofrequency radiation.
Terrestrial radiocommunication. Any radiocommunication other than space
radiocommunication or radio astronomy.
Terrestrial station. A station effecting terrestrial radiocommunication.
[ 30 FR 7176 , May 28, 1965, as amended at 36 FR 2562 , Feb. 6, 1971; 48 FR 40254 , Sept. 6, 1983; 51 FR 18445 , May 20, 1986; 54 FR 49993 , Dec. 4, 1989;
56 FR 42706 , Aug. 29, 1991; 58 FR 68059 , Dec. 23, 1993; 59 FR 53329 , Oct.
21, 1994; 62 FR 11105 , Mar. 11, 1997; 62 FR 59296 , Nov. 3, 1997; 65 FR 59143 , Oct. 4, 2000; 66 FR 10621 , Feb. 16, 2001; 67 FR 51114 , Aug. 7, 2002;
68 FR 11993 , Mar. 13, 2003; 68 FR 33650 , June 5, 2003; 68 FR 34338 , June 9,
2003; 70 FR 4783 , Jan. 31, 2005; 70 FR 19318 , Apr. 13, 2005; 70 FR 32255 ,
June 2, 2005; 72 FR 50028 , Aug. 29, 2007]
§ 25.202 Frequencies, frequency tolerance and emission limitations.
top
(a)(1) Frequency band. The following frequencies are available for use by
the fixed-satellite service. Precise frequencies and bandwidths of emission
shall be assigned on a case-by-case basis. The Table follows:
Space-to-Earth (GHz) Earth-to-space (GHz)
3.65–3.7^17
3.7–4.2^1 5.925–6.425^1
10.7–10.95^112 12.75–13.25^11214
10.95–11.2^1212 13.75–14^412
11.2–11.45^112 14–14.2^5
11.45–11.7^1212 14.2–14.5
11.7–12.2^3 17.3–17.8^9
12.2–12.7^13 24.75–25.05^18
18.3–18.58^110 25.05–25.25^118
18.58–18.8^61011 27.5–29.5^1
18.8–19.3^710 29.5–30
19.3–19.7^810 47.2–50.2^1
19.7–20.2^10
37.5–40^1516
37.6–38.6
40–42^16
^1This band is shared coequally with terrestrial radio communication
service.
^2Use of this band by geostationary satellite orbit satellite systems in the
fixed-satellite service is limited to international systems; i.e. , other
than domestic systems.
^3Fixed-satellite transponders may be used additionally for transmissions in
the broadcasting-satellite service.
^4This band is shared on an equal basis with the Government radiolocation
service and grandfathered space stations in the Tracking and Data Relay
Satellite System.
^5In this band, stations in the radionavigation service shall operate on a
secondary basis to the fixed-satellite service.
^6The band 18.58–18.8 GHz is shared coequally with existing terrestrial
radiocommunication systems until June 8, 2010.
^7The band 18.8–19.3 GHz is shared coequally with terrestrial
radiocommunication services, until June 8, 2010. After this date, the
sub-band 19.26–19.3 GHz is shared co-equally with existing terrestrial radio
communication systems.
^8The use of the band 19.3–19.7 GHz by the fixed-satellite service
(space-to-Earth) is limited to feeder links for the mobile-satellite
service.
^9The use of the band 17.3–17.8 GHz by the fixed-satellite service
(Earth-to-space) is limited to feeder links for broadcasting-satellite
service, and the sub-band 17.7–17.8 GHz is shared co-equally with
terrestrial fixed services.
^10This band is shared co-equally with the Federal Government
fixed-satellite service.
^11The band 18.6–18.8 GHz is shared coequally with the non-Federal
Government and Federal Government Earth exploration-satellite (passive) and
space research (passive) services.
^12Use of this band by non-geostationary satellite orbit systems in the
fixed-satellite service is limited to gateway earth station operations.
^13Use of this band by the fixed-satellite service is limited to
non-geostationary satellite orbit systems.
^14Use of this band by NGSO FSS gateway earth station uplink operations is
subject to the provisions of §2.106 NG53.
^15Use of this band by the fixed-satellite service is limited to “gateway”
earth station operations, provided the licensee under this Part obtains a
license under Part 101 of this Chapter or an agreement from a Part 101
licensee for the area in which an earth station is to be located. Satellite
earth station facilities in this band may not be ubiquitously deployed and
may not be used to serve individual consumers.
^16The band 37.5–40.0 GHz is designated as being available for use by the
fixed and mobile services and the band 40.0–42.0 GHz is designated as being
available for use by the fixed-satellite service.
^17FSS earth stations in this band must operate on a secondary basis to
terrestrial radiocommunication services, except that the band is shared
co-equally between certain grandfathered earth stations and the terrestrial
radiocommunication services.
^18Use of the band 24.75–25.25 GHz by the fixed-satellite service
(Earth-to-space) is limited to feeder links for space stations in the
broadcasting-satellite service, and the sub-band 25.05–25.25 GHz is shared
co-equally with terrestrial fixed services. The allocation to the
fixed-satellite service (Earth-to-space) in the band 24.75–25.25 GHz shall
come into effect on 1 April 2007.
(2) [Reserved]
(3) The following frequencies are available for use by the non-voice,
non-geostationary mobile-satellite service:
137–138 MHz: Space-to-Earth
148–150.05 MHz: Earth-to-space
399.9–400.05 MHz: Earth-to-space
400.15–401 MHz: Space-to-Earth
(4)(i) The following frequencies are available for use by the 1.6/2.4 GHz
Mobile-Satellite Service:
1610–1626.5 MHz: User-to-Satellite Link
1613.8–1626.5 MHz: Satellite-to-User Link (secondary)
2483.5–2500 MHz: Satellite-to-User Link
(ii) The following frequencies are available for use by the 2 GHz
Mobile-Satellite Service: 2000–2020 MHz: User-to-Satellite Link; 2180–2200
MHz: Satellite-to-User Link.
(iii)(A) The following frequencies are available for use by the L-band
Mobile-Satellite Service:
1525–1559 MHz: Space-to-Earth
1626.5–1660.5 MHz: Earth-to-space
(B) The use of the frequencies 1544–1545 MHz and 1645.5–1646.5 MHz is
limited to distress and safety communications.
(5) The following frequencies are available for use by the inter-satellite
service:
22.55–23.00 GHz
23.00–23.55 GHz
24.45–24.65 GHz
24.65–24.75 GHz
(6) The following spectrum is available for exclusive use by the satellite
digital audio radio service:
2320–2345 MHz: space-to-Earth (primary).
(7) The following frequencies are available for use by the Direct Broadcast
Satellite service:
12.2–12.7 GHz: Space-to-Earth.
(8) The following frequencies are available for use by ESVs:
3700–4200 MHz (space-to-Earth)
5925–6425 MHz (Earth-to-space)
10.95–11.2 GHz (space-to-Earth)
11.45–11.7 GHz (space-to-Earth)
11.7–12.2 GHz (space-to-Earth)
14.0–14.5 GHz (Earth-to-space)
ESVs shall be authorized and coordinated as set forth in §§25.221 and
25.222. ESV operators, collectively, may coordinate up to 180 megahertz of
spectrum in the 5925–6425 MHz (Earth-to-space) band for all ESV operations
at any given location subject to coordination.
(9) The following frequencies are available for use by the
Broadcasting-Satellite Service after 1 April 2007:
17.3–17.7 GHz (space-to-Earth)
17.7–17.8 GHz (space-to-Earth)
Note 1 to Paragraph (a)(9): Use of the 17.3–17.7 GHz band by the
broadcasting-satellite service is limited to geostationary satellite orbit
systems.
Note 2 to Paragraph (a)(9): Use of the 17.7–17.8 GHz band (space-to-Earth)
by the broadcasting-satellite service is limited to transmissions from
geostationary satellite orbit systems to receiving earth stations located
outside of the United States and its Possessions. In the United States and
its Possessions, the 17.7–17.8 GHz band is allocated on a primary basis to
the Fixed Service.
(b) Other frequencies and associated bandwidths of emission may be assigned
on a case-by-case basis to space systems under this part in conformance with
§2.106 of this chapter and the Commission's rules and policies.
(c) Orbital locations assigned to space stations licensed under this part by
the commission are subject to change by summary order of the Commission on
30 days notice. An authorization to construct and/or to launch a space
station becomes null and void if the construction is not begun or is not
completed, or if the space station is not launched and positioned at its
assigned orbital location and operations commenced in accordance with the
station authorization, by the respective date(s) specified in the
authorization. Frequencies and orbital location assignments are subject to
the policies set forth in the Report and Order, FCC 83–184, adopted April
27, 1983 in CC Docket No. 81–704 and the Report and Order, adopted July 25,
1985 in CC Docket No. 84–1299 as modified by the Report and Order, adopted
January 19, 1996 in IB Docket No. 95–41.
(d) Frequency tolerance, Earth stations. The carrier frequency of each earth
station transmitter authorized in these services shall be maintained within
0.001 percent of the reference frequency.
(e) Frequency tolerance, space stations. The carrier frequency of each space
station transmitter authorized in these services shall be maintained within
0.002 percent of the reference frequency.
(f) Emission limitations. The mean power of emissions shall be attenuated
below the mean output power of the transmitter in accordance with the
following schedule:
(1) In any 4 kHz band, the center frequency of which is removed from the
assigned frequency by more than 50 percent up to and including 100 percent
of the authorized bandwidth: 25 dB;
(2) In any 4 kHz band, the center frequency of which is removed from the
assigned frequency by more than 100 percent up to and including 250 percent
of the authorized bandwidth: 35 dB;
(3) In any 4 kHz band, the center frequency of which is removed from the
assigned frequency by more than 250 percent of the authorized bandwidth: An
amount equal to 43 dB plus 10 times the logarithm (to the base 10) of the
transmitter power in watts;
(4) In any event, when an emission outside of the authorized bandwidth
causes harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in paragraphs (f) (1), (2) and (3) of
this section.
(g) Telemetry, tracking and telecommand functions for U.S. domestic
satellites shall be conducted at either or both edges of the allocated
band(s). Frequencies, polarization and coding shall be selected to minimize
interference into other satellite networks and within their own satellite
system.
[ 30 FR 7176 , May 28, 1965, as amended at 36 FR 2562 , Feb. 6, 1971; 38 FR 8573 , Apr. 4, 1973; 39 FR 33527 , Sept. 18, 1974; 48 FR 40254 , Sept. 6, 1983;
50 FR 36079 , Sept. 5, 1985; 51 FR 18445 , May 20, 1986; 51 FR 20975 , June 10,
1986; 54 FR 49993 , Dec. 4, 1989; 56 FR 24024 , May 28, 1991; 58 FR 13419 ,
Mar. 11, 1993; 58 FR 68061 , Dec. 23, 1993; 59 FR 53329 , Oct. 21, 1994; 61 FR 9952 , Mar. 12, 1996; 61 FR 52307 , Oct. 7, 1996; 62 FR 11105 , Mar. 11, 1997;
64 FR 2591 , Jan. 15, 1999; 64 FR 6565 , Feb. 10. 1999; 65 FR 54171 , Sept. 7,
2000; 65 FR 59144 , Oct. 4, 2000; 66 FR 10622 , Feb. 16, 2001; 66 FR 63515 ,
Dec. 7, 2001; 67 FR 17299 , Apr. 10, 2002; 67 FR 39862 , June 11, 2002; 67 FR 51114 , Aug. 7, 2002; 68 FR 11993 , Mar. 13, 2003; 68 FR 16966 , Apr. 8, 2003;
68 FR 34338 , June 9, 2003; 68 FR 74387 , Dec. 23, 2003; 69 FR 52206 , Aug. 25,
2004; 70 FR 4783 , Jan. 31, 2005; 70 FR 24725 , May 11, 2005; 70 FR 32255 ,
June 2, 2005; 72 FR 50028 , Aug. 29, 2007]
§ 25.203 Choice of sites and frequencies.
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(a) Sites and frequencies for earth stations, other than ESVs, operating in
frequency bands shared with equal rights between terrestrial and space
services, shall be selected, to the extent practicable, in areas where the
surrounding terrain and existing frequency usage are such as to minimize the
possibility of harmful interference between the sharing services.
(b) An applicant for an earth station authorization, other than an ESV, in a
frequency band shared with equal rights with terrestrial microwave services
shall compute the great circle coordination distance contour(s) for the
proposed station in accordance with the procedures set forth in §25.251. The
applicant shall submit with the application a map or maps drawn to
appropriate scale and in a form suitable for reproduction indicating the
location of the proposed station and these contours. These maps, together
with the pertinent data on which the computation of these contours is based,
including all relevant transmitting and/or receiving parameters of the
proposed station that is necessary in assessing the likelihood of
interference, an appropriately scaled plot of the elevation of the local
horizon as a function of azimuth, and the electrical characteristics of the
earth station antenna(s), shall be submitted by the applicant in a single
exhibit to the application. The coordination distance contour plot(s),
horizon elevation plot, and antenna horizon gain plot(s) required by this
section may also be submitted in tabular numerical format at 5° azimuthal
increments instead of graphical format. At a minimum, this exhibit shall
include the information listed in paragraph (c)(2) of this section. An earth
station applicant shall also include in the application relevant technical
details (both theoretical calculations and/or actual measurements) of any
special techniques, such as the use of artificial site shielding, or
operating procedures or restrictions at the proposed earth station which are
to be employed to reduce the likelihood of interference, or of any
particular characteristics of the earth station site which could have an
effect on the calculation of the coordination distance.
(c) Prior to the filing of its application, an applicant for operation of an
earth station, other than an ESV, shall coordinate the proposed frequency
usage with existing terrestrial users and with applicants for terrestrial
station authorizations with previously filed applications in accordance with
the following procedure:
(1) An applicant for an earth station authorization shall perform an
interference analysis in accordance with the procedures set forth in §25.251
for each terrestrial station, for which a license or construction permit has
been granted or for which an application has been accepted for filing, which
is or is to be operated in a shared frequency band to be used by the
proposed earth station and which is located within the great circle
coordination distance contour(s) of the proposed earth station.
(2) The earth station applicant shall provide each such terrestrial station
licensee, permittee, and prior filed applicant with the technical details of
the proposed earth station and the relevant interference analyses that were
made. At a minimum, the earth station applicant shall provide the
terrestrial user with the following technical information:
(i) The geographical coordinates of the proposed earth station antenna(s),
(ii) Proposed operating frequency band(s) and emission(s),
(iii) Antenna center height above ground and ground elevation above mean sea
level,
(iv) Antenna gain pattern(s) in the plane of the main beam,
(v) Longitude range of geostationary satellite orbit (GSO) satellites at
which antenna may be pointed, for proposed earth station antenna(s)
accessing GSO satellites,
(vi) Horizon elevation plot,
(vii) Antenna horizon gain plot(s) determined in accordance with §25.251 for
satellite longitude range specified in paragraph (c)(2)(v) of this section,
taking into account the provisions of §25.251 for earth stations operating
with non-geostationary satellites,
(viii) Minimum elevation angle,
(ix) Maximum equivalent isotropically radiated power (e.i.r.p.) density in
the main beam in any 4 kHz band, (dBW/4 kHz) for frequency bands below 15
GHz or in any 1 MHz band (dBW/MHz) for frequency band above 15 GHz,
(x) Maximum available RF transmit power density in any 1 MHz band and in any
4 kHz band at the input terminals of the antenna(s),
(xi) Maximum permissible RF interference power level as determined in
accordance with §25.251 for all applicable percentages of time, and
(xii) A plot of great circle coordination distance contour(s) and rain
scatter coordination distance contour(s) as determined by §25.251.
(3) The coordination procedures specified in §101.103 of this chapter and
§25.251 shall be applicable except that the information to be provided shall
be that set forth in paragraph (c)(2) of this section, and that the 30-day
period allowed for response to a request for coordination may be increased
to a maximum of 45 days by mutual consent of the parties.
(4) Where technical problems are resolved by an agreement or operating
arrangement between the parties that would require special procedures be
taken to reduce the likelihood of harmful interference (such as the use of
artificial site shielding) or would result in lessened quality or capacity
of either system, the details thereof shall be contained in the application.
(5) The Commission may, in the course of examining any application, require
the submission of additional showings, complete with pertinent data and
calculations in accordance with §25.251, showing that harmful interference
is not likely to result from the proposed operation.
(d) An applicant for operation of an earth station, other than an ESV, shall
also ascertain whether the great circle coordination distance contours and
rain scatter coordination distance contours, computed for those values of
parameters indicated in §25.251 (Appendix 7 of the ITU RR) for international
coordination, cross the boundaries of another Administration. In this case,
the applicant shall furnish to the Commission copies of these contours on
maps drawn to appropriate scale for use by the Commission in effecting
coordination of the proposed earth station with the Administration(s)
affected.
(e) Protection for Table Mountain Radio Receiving Zone, Boulder County,
Colorado.
(1) Applicants for a station authorization to operate in the vicinity of
Boulder County, Colorado under this part are advised to give due
consideration, prior to filing applications, to the need to protect the
Table Mountain Radio Receiving Zone from harmful interference. These are the
research laboratories of the Department of Commerce, Boulder County,
Colorado. To prevent degradation of the present ambient radio signal level
at the site, the Department of Commerce seeks to ensure that the field
strengths of any radiated signals (excluding reflected signals) received on
this 1800 acre site (in the vicinity of coordinates 40°07'50" N Latitude,
105°14'40" W Longitude) resulting from new assignments (other than mobile
stations) or from the modification or relocation of existing facilities do
not exceed the following values:
Frequency range In authorized bandwidth of service
Field strength (mV/m) Power flux density^1(dBW/m^2)
Below 540 kHz 10 −65.8
540 to 1600 kHz 20 −59.8
1.6 to 470 MHz 10 ^2−65.8
470 to 890 MHz 30 ^2−56.2
Above 890 MHz 1 ^2−85.8
^1Equivalent values of power flux density are calculated assuming free space
characteristic impedance of 376.7=120π ohms.
^2Space stations shall conform to the power flux density limits at the
earth's surface specified in appropriate parts of the FCC rules, but in no
case should exceed the above levels in any 4 kHz band for all angles of
arrival.
(2) Advance consultation is recommended particularly for those applicants
who have no reliable data which indicates whether the field strength or
power flux density figures in the above table would be exceeded by their
proposed radio facilities (except mobile stations). In such instances, the
following is a suggested guide for determining whether coordination is
recommended:
(i) All stations within 2.5 kilometers;
(ii) Stations within 5 kilometers with 50 watts or more average effective
radiated power (ERP) in the primary plane of polarization in the azimuthal
direction of the Table Mountain Radio Receiving Zone;
(iii) Stations within 15 kilometers with 1 kW or more average ERP in the
primary plane of polarization in the azimuthal direction of Table Mountain
Receiving Zone;
(iv) Stations within 80 kilometers with 25 kW or more average ERP in the
primary plane of polarization in the azimuthal direction of Table Mountain
Receiving Zone.
(3) Applicants concerned are urged to communicate with the Radio Frequency
Management Coordinator, Department of Commerce, Research Support Services,
NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; telephone (303)
497–6548, in advance of filing their applications with the Commission.
(4) The Commission will not screen applications to determine whether advance
consultation has taken place. However, applicants are advised that such
consultation can avoid objections from the Department of Commerce or
proceedings to modify any authorization which may be granted which, in fact,
delivers a signal at the site in excess of the field strength specified
herein.
(f) Notification to the National Radio Astronomy Observatory: In order to
minimize possible harmful interference at the National Radio Astronomy
Observatory site located at Green Bank, Pocahontas County, W. Va., and at
the Naval Radio Research Observatory site at Sugar Grove, Pendleton County,
W. Va. any applicant for a station authorization other than mobile,
temporary base, temporary fixed, Personal Radio, Civil Air Patrol, or
amateur seeking a station license for a new station, a construction permit
to construct a new station or to modify an existing station license in a
manner which would change either the frequency, power, antenna height or
directivity, or location of such a station within the area bounded by 39°15'
N. on the north, 78°30' W. on the east, 37°30' N. on the south and 80°30' W.
on the west shall, at the time of filing such application with the
Commission, simultaneously notify the Director, National Radio Astronomy
Observatory, P.O. Box No. 2, Green Bank, W. Va. 24944, in writing, of the
technical particulars of the proposed station. Such notification shall
include the geographical coordinates of the antenna, antenna height, antenna
directivity if any, proposed frequency, type of emission, and power. In
addition, the applicant shall indicate in his application to the Commission
the date notification was made to the observatory. After receipt of such
applications, the Commission will allow a period of 20 days for comments or
objections in response to the notifications indicated. If an objection to
the proposed operation is received during the 20-day period from the
National Radio Astronomy Observatory for itself or on behalf of the Naval
Radio Research Observatory, the Commission will consider all aspects of the
problem and take whatever action is deemed appropriate.
(g) Protection for Federal Communications Commission monitoring stations:
(1) Applicants in the vicinity of an FCC monitoring station for a radio
station authorization to operate new transmitting facilities or changed
transmitting facilities which would increase the field strength produced
over the monitoring station over that previously authorized are advised to
give consideration, prior to filing applications, to the possible need to
protect the FCC stations from harmful interference. Geographical coordinates
of the facilities which require protection are listed in §0.121(c) of the
Commission's Rules. Applications for stations (except mobile stations) which
will produce on any frequency a direct wave fundamental field strength of
greater than 10 mV/m in the authorized bandwidth of service (−65.8 dBW/m^2
power flux density assuming a free space characteristic impedance of 120
ohms) at the referenced coordinates, may be examined to determine extent of
possible interference. Depending on the theoretical field strength value and
existing root-sum-square or other ambient radio field signal levels at the
indicated coordinates, a clause protecting the monitoring station may be
added to the station authorization.
(2) In the event that calculated value of expected field exceeds 10 mV/m
(−65.8 dBW/m^2 ) at the reference coordinates, or if there is any question
whether field strength levels might exceed the threshold value, advance
consultation with the FCC to discuss any protection necessary should be
considered. Prospective applicants may communicate with: Chief, Compliance
and Information Bureau, Federal Communications Commission, Washington, DC
20554, Telephone (202) 632–6980.
(3) Advance consultation is suggested particularly for those applicants who
have no reliable data which indicates whether the field strength or power
flux density figure indicated would be exceeded by their proposed radio
facilities (except mobile stations). In such instances, the following is a
suggested guide for determining whether an applicant should coordinate:
(i) All stations within 2.5 kilometers;
(ii) Stations within 5 kilometers with 50 watts or more average effective
radiated power (ERP) in the primary plane of polarization in the azimuthal
direction of the Monitoring Station;
(iii) Stations within 15 kilometers with 1 kW or more average ERP in the
primary plane of polarization in the azimuthal direction of the Monitoring
Station;
(iv) Stations within 80 kilometers with 25 kW or more average ERP in the
primary plane of polarization in the azimuthal direction of the Monitoring
Station.
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
§0.121(c) of the Commission's Rules and also meets the criteria outlined in
paragraphs (h)(2) and (3) of this section.
(5) The Commission will not screen applications to determine whether advance
consultation has taken place. However, applicants are advised that such
consultation can avoid objections from the Federal Communications Commission
or modification of any authorization which will cause harmful interference.
(h) Sites and frequencies for GSO and NGSO earth stations, operating in a
frequency band where both have a co-primary allocation, shall be selected to
avoid earth station antenna mainlobe-to-satellite antenna mainlobe coupling,
between NGSO systems and between NGSO and GSO systems, in order to minimize
the possibility of harmful interference between these services. Prior to
filing an earth station application, in bands with co-primary allocations to
NGSO and GSO earth stations, the applicant shall coordinate the proposed
site and frequency usage with existing earth station licensees and with
current earth station authorization applicants.
(i) Any applicant for a new permanent transmitting fixed earth station
authorization to be located on the islands of Puerto Rico, Desecheo, Mona,
Vieques, and Culebra, or for a modification of an existing authorization
which would change the frequency, power, antenna height, directivity, or
location of such station on these islands and would increase the likelihood
of the authorized facility causing interference, shall notify the
Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto
Rico 00612, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which will
be provided by Cornell University. Applicants who choose to transmit
information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo Observatory shall
be made prior to, or simultaneously with, the filing of the application with
the Commission. The notification shall state the geographical coordinates of
the antenna (NAD–83 datum), antenna height above ground, ground elevation at
the antenna, antenna directivity and gain, proposed frequency and FCC Rule
Part, type of emission, effective radiated power, and whether the proposed
use is itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the Commission
the date notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow the
Arecibo Observatory a period of 20 days for comments or objections in
response to the notification indicated. The applicant will be required to
make reasonable efforts in order to resolve or mitigate any potential
interference problem with the Arecibo Observatory and to file either an
amendment to the application or a modification application, as appropriate.
If the Commission determines that an applicant has satisfied its
responsibility to make reasonable efforts to protect the Observatory from
interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations that
transmit on frequencies above 15 GHz.
(j) Applicants for non-geostationary 1.6/2.4 GHz Mobile-Satellite Service/
Radiodetermination satellite service feeder links in the bands 17.7–20.2 GHz
and 27.5–30.0 GHz shall indicate the frequencies and spacecraft antenna gain
contours towards each feeder-link earth station location and will coordinate
with licensees of other fixed-satellite service and terrestrial-service
systems sharing the band to determine geographic protection areas around
each non-geostationary mobile-satellite service/radiodetermination satellite
service feeder-link earth station.
(k) An applicant for operation of an earth station, other than an ESV, that
will operate with a geostationary satellite or non-geostationary satellite
in a shared frequency band in which the non-geostationary system is (or is
proposed to be) licensed for feeder links, shall demonstrate in its
applications that its proposed earth station will not cause unacceptable
interference to any other satellite network that is authorized to operate in
the same frequency band, or certify that the operations of its earth station
shall conform to established coordination agreements between the operator(s)
of the space station(s) with which the earth station is to communicate and
the operator(s) of any other space station licensed to use the band.
(l) Applicants for feeder link earth station facilities operating in the
25.05–25.25 GHz band may be licensed only in Economic Areas where no
existing FS licensee has been authorized, and shall coordinate their
operations with 24 GHz fixed service operations if the power flux density of
their transmitted signal at the boundary of the fixed service license area
is equal to or greater than −114 dBW/m^2 in any 1 MHz.
(1) When uplink adaptive power control is used, the EIRP used for
calculation of the power flux density level should be the maximum possible,
taking into account the adaptive power increase.
(2) The power flux density levels should be calculated based on the actual
off-axis gain characteristics of the earth station antenna, and should
assume free space propagation conditions.
(3) When determining whether the power flux density threshold limit is
exceeded at the 24 GHz FS licensing boundary, a feeder link earth station
applicant must take into account not only the transmissions from its own
antenna(s), but also those from any previously authorized feeder link earth
stations. Thus, if the cumulative power flux density level at the FS license
boundary is in excess of −114 dBW/m^2 /MHz, the earth station applicant must
either modify its proposed operations such that this value is not exceeded,
or enter into coordination with the affected FS licensee.
[ 30 FR 7176 , May 28, 1965, as amended at 36 FR 2562 , Feb. 6, 1971; 38 FR 8573 , Apr. 4, 1973; 42 FR 8329 , Feb. 9, 1977; 44 FR 77167 , Dec. 31, 1979; 50 FR 40862 , Oct. 7, 1985; 58 FR 13419 , Mar. 11, 1993; 58 FR 44904 , Aug. 25,
1993; 59 FR 53329 , Oct. 21, 1994; 61 FR 8477 , Mar. 5, 1996; 61 FR 9945 , Mar.
12, 1996; 61 FR 44181 , Aug. 28, 1996; 62 FR 55531 , Oct. 27, 1997; 65 FR 38325 , June 20, 2000; 65 FR 59144 , Oct. 4, 2000; 66 FR 10622 , Feb. 16, 2001;
70 FR 4784 , Jan. 31, 2005; 70 FR 31373 , June 1, 2005; 72 FR 50029 , Aug. 29,
2007]
§ 25.204 Power limits.
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(a) In bands shared coequally with terrestrial radio communication services,
the equivalent isotropically radiated power transmitted in any direction
towards the horizon by an earth station, other than an ESV, operating in
frequency bands between 1 and 15 GHz, shall not exceed the following limits
except as provided for in paragraph (c) of this section:
+40 dBW in any 4 kHz band for Θ ≤ 0°
+40 + 3Θ dBW in any 4 kHz band for 0° < Θ ≤ 5°
where Θ is the angle of elevation of the horizon viewed from the center of
radiation of the antenna of the earth station and measured in degrees as
positive above the horizontal plane and negative below it.
(b) In bands shared coequally with terrestrial radiocommunication services,
the equivalent isotropically radiated power transmitted in any direction
towards the horizon by an earth station operating in frequency bands above
15 GHz shall not exceed the following limits except as provided for in
paragraph (c) of this section:
+64 dBW in any 1 MHz band for Θ ≤ 0°
+64 + 3 Θ dBW in any 1 MHz band for 0° < Θ ≤ 5°
where Θ is as defined in paragraph (a) of this section.
(c) For angles of elevation of the horizon greater than 5° there shall be no
restriction as to the equivalent isotropically radiated power transmitted by
an earth station towards the horizon.
(d) Notwithstanding the e.i.r.p. and e.i.r.p. density limits specified in
the station authorization, each earth station transmission shall be
conducted at the lowest power level that will provide the required signal
quality as indicated in the application and further amended by coordination
agreements.
(e) For operations at frequencies above 10 GHz, earth station operators may
exceed the uplink e.i.r.p. and e.i.r.p. density limits specified in the
station authorization under the conditions of uplink fading due to
precipitation by an amount not to exceed 1 dB above the actual amount of
monitored excess attenuation over clear sky propagation conditions. The
e.i.r.p. levels shall be returned to normal as soon as the attenuating
weather pattern subsides. The maximum power level for power control purposes
shall be coordinated between and among adjacent satellite operators.
(f) In the band 13.75–14 GHz, an earth station in the fixed-satellite
service shall have a minimum antenna diameter of 4.5 m and the e.i.r.p. of
any emission should be at least 68 dBW and should not exceed 85 dBW. The
e.i.r.p. density of emissions from any earth station in the FSS operating
with a space station in geostationary-satellite orbit shall not exceed 71
dBW in any 6 MHz band from 13.77 to 13.78 GHz. The e.i.r.p. density of
emissions from any earth station in the FSS operating with a space station
in non-geostationary-satellite orbit shall not exceed 51 dBW in any 6 MHz
band from 13.77 to 13.78 GHz. Automatic power control may be used to
increase the e.i.r.p. density in the 6 MHz band in this frequency range to
compensate for rain attenuation, to the extent that the power flux-density
at the FSS space station does not exceed the value resulting from use by an
earth station of an e.i.r.p. of 71 dBW or 51 dBW, as appropriate, in the 6
MHz band in clear-sky conditions.
(g) All earth stations in the Fixed Satellite Service in the 20/30 GHz band,
and feeder link earth stations operating in the 24.75–25.25 GHz band
(Earth-to-space) and providing service to geostationary satellites in the
17/24 GHz BSS, shall employ uplink adaptive power control or other methods
of fade compensation such that the earth station transmissions shall be
conducted at the power level required to meet the desired link performance
while reducing the level of mutual interference between networks.
(h) ESV transmissions in the 5925–6425 MHz (Earth-to-space) band shall not
exceed an e.i.r.p. spectral density towards the radio-horizon of 17 dBW/MHz,
and shall not exceed an e.i.r.p. towards the radio-horizon of 20.8 dBW. The
ESV network shall shut-off the ESV transmitter if the e.i.r.p. spectral
density towards the radio-horizon or e.i.r.p. towards the radio-horizon are
exceeded.
(i) Within 125 km of the TDRSS sites identified in §25.222(d), ESV
transmissions in the 14.0–14.2 GHz (Earth-to-space) band shall not exceed an
e.i.r.p. spectral density towards the horizon of 12.5 dBW/MHz, and shall not
exceed an e.i.r.p. towards the horizon of 16.3 dBW.
[ 48 FR 40255 , Sept. 6, 1983, as amended at 58 FR 13420 , Mar. 11, 1993; 61 FR 52307 , Oct. 7, 1996; 62 FR 61457 , Nov. 18, 1997; 66 FR 10623 , Feb. 16, 2001;
70 FR 4784 , Jan. 31, 2005; 70 FR 32255 , June 2, 2005; 72 FR 50029 , Aug. 29,
2007]
§ 25.205 Minimum angle of antenna elevation.
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(a) Earth station antennas shall not normally be authorized for transmission
at angles less than 5° measured from the horizontal plane to the direction
of maximum radiation. However, upon a showing that the transmission path
will be seaward and away from land masses or upon special showing of need
for lower angles by the applicant, the Commission will consider authorizing
transmissions at angles between 3° and 5° in the pertinent directions. In
certain instances, it may be necessary to specify minimum angles greater
than 5° because of interference considerations.
(b) ESVs making a special showing requesting angles of elevation less than
5° measured from the horizontal plane to the direction of maximum radiation
pursuant to (a) of this Section must still meet the effective isotropically
radiated power (e.i.r.p.) and e.i.r.p. density towards the horizon limits
contained in §25.204(h) and (i).
[ 70 FR 4784 , Jan. 31, 2005]
§ 25.206 Station identification.
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The requirement for transmission of station identification is waived for all
radio stations licensed under this part with the exception of satellite
uplinks carrying broadband video information which are required to
incorporate ATIS in accordance with the provisions set forth under §25.308
of these rules.
[ 55 FR 21551 , May 25, 1990]
§ 25.207 Cessation of emissions.
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Space stations shall be made capable of ceasing radio emissions by the use
of appropriate devices (battery life, timing devices, ground command, etc.)
that will ensure definite cessation of emissions.
§ 25.208 Power flux density limits.
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(a) In the band 3650–4200 MHz, the power flux density at the Earth's surface
produced by emissions from a space station for all conditions and for all
methods of modulation shall not exceed the following values:
−152 dB(W/m^2 ) in any 4 kHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−152+(δ−5)/2 dB(W/m^2 ) in any 4 kHz band for angles of arrival δ (in
degrees) between 5 and 25 degrees above the horizontal plane; and
−142 dB(W/m^2 ) in any 4 kHz band for angles of arrival between 25 and 90
degrees above the horizontal plane
These limits relate to the power flux density which would be obtained under
assumed free-space propagation conditions.
(b) In the bands 10.95–11.2 and 11.45–11.7 GHz for GSO FSS space stations
and 10.7–11.7 GHz for NGSO FSS space stations, the power flux-density at the
Earth's surface produced by emissions from a space station for all
conditions and for all methods of modulation shall not exceed the lower of
the following values:
(1) −150 dB(W/m^2 ) in any 4 kHz band for angles of arrival between 0 and 5
degrees above the horizontal plane; −150 + (δ−5)/2 dB(W/m^2 ) in any 4 kHz
band for angles of arrival (δ) (in degrees) between 5 and 25 degrees above
the horizontal plane; and −140 dB(W/m^2 ) in any 4 kHz band for angles of
arrival between 25 and 90 degrees above the horizontal plane; or
(2) −126 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane; −126 + (δ−5)/2 dB(W/m^2 ) in any 1 MHz
band for angles of arrival (δ) (in degrees) between 5 and 25 degrees above
the horizontal plane; and −116 dB(W/m^2 ) in any 1 MHz band for angles of
arrival between 25 and 90 degrees above the horizontal plane.
Note to paragraph(b): These limits relate to the power flux density, which
would be obtained under assumed free-space propagation conditions.
(c) In the 17.7–17.8 GHz, 18.3–18.8 GHz, 19.3–19.7 GHz, 22.55–23.00 GHz,
23.00–23.55 GHz, and 24.45–24.75 GHz frequency bands, the power flux density
at the Earth's surface produced by emissions from a space station for all
conditions for all methods of modulation shall not exceed the following
values:
(1) −115 dB (W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane.
(2) −115 + 0.5 (δ-5) dB (W/m^2 ) in any 1 MHz band for angles of arrival d
(in degrees) between 5 and 25 degrees above the horizontal plane.
(3) −105 dB (W/m^2 ) in any 1 MHz band for angles of arrival between 25 and
90 degrees above the horizontal plane.
(d) In addition to the limits specified in paragraph (c) of this section,
the power flux-density across the 200 MHz band 18.6–18.8 GHz produced at the
Earth's surface by emissions from a space station under assumed free-space
propagation conditions shall not exceed −95 dB (W/m^2 ) for all angles of
arrival. This limit may be exceeded by up to 3 dB for no more than 5% of the
time.
(e) In the 18.8–19.3 GHz frequency band, the power flux-density at the
Earth's surface produced by emissions from a space station for all
conditions and for all methods of modulation shall not exceed the following
values:
−115−X dB(W/m^2÷MHz) for 0° ≤ δ < 5°
−115−X+((10+X)/20)(δ−5)dB(W/m^2÷MHz) for 5° ≤ δ < 25°
−105 dB(W/m^2÷MHz) for 25° ≤ δ < 90°
Where:
δ: is the angle of arrival above the horizontal plane; and
X is defined as a function of the number of satellites in the non-GSO FSS
constellation, n, as follows:
for n ≤ 50 X = 0 (dB)
for 50 < n ≤ 288 X = (5/119) (n − 50) (dB)
for n > 288 X = (1/69) (n + 402) (dB)
(f) [Reserved]
(g) In the frequency bands 10.7–11.7 GHz and 11.7–12.2 GHz, the single-entry
equivalent power-flux density in the space-to-Earth direction (EPFD[down]),
at any point on the Earth's surface, produced by emissions from all
co-frequency space stations of a single non-geostationary-satellite orbit
(NGSO) system operating in the fixed-satellite service (FSS) shall not
exceed the following limits for the given percentages of time. Tables 1G and
2G follow:
Table 1G—Single-Entry EPFD[down]Limits for Protection of 0.6, 1.2, 3 and 10
Meter GSO FSS Earth Station Antennas^1,2
Frequency band (GHz) for International
Allocations Single-entry EPFD[down]dB(W/m^2) Percentage of time during which
EPFD[down]level may not be exceeded Reference bandwidth (kHz) Reference
antenna diameter and reference radiation pattern^3
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −175.4
−174
−170.8
−165.3
−160.4
−160
−160 0
90
99
99.73
99.991
99.997
100
40 60 cm, Recommendation ITU-R S.1428.
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −181.9
−178.4
−173.4
−173
−164
−161.6
−161.4
−160.8
−160.5
−160
−160 0
99.5
99.74
99.857
99.954
99.984
99.991
99.997
99.997
99.9993
100
40 1.2 m, Recommendation ITU-R S.1428.
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −190.45
−189.45
−187.45
−182.4
−182
−168
−164
−162
−160
−160 0
90
99.5
99.7
99.855
99.971
99.988
99.995
99.999
100
40 3 m, Recommendation ITU-R S.1428.
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −195.45
−195.45
−190
−190
−172.5
−160
−160 0
99
99.65
99.71
99.99
99.998
100
40 10 m, Recommendation ITU-R S.1428.
^1In 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.
^2For 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.
^3The 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 EPFD[down]Limits Radiated By Non-GSO FSS Systems At
Certain Latitudes
100% of the time EPFD[down]dB(W/(m^2/40 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(g): These limits relate to the equivalent power flux
density, which would be obtained under free-space propagation conditions,
for all conditions and for all methods of modulation.
(h) In the frequency bands 10.7–11.7 GHz and 11.7–12.2 GHz, the aggregate
equivalent power-flux density in the space-to-Earth direction (EPFD[down]),
at any point on the Earth's surface, produced by emissions from all
co-frequency space stations of all non-geostationary-satellite orbit systems
operating in the fixed-satellite service (FSS) shall not exceed the
following limits for the given percentages of time. Tables 1H and 2H follow:
Table 1H—Aggregate EPFD[down]Limits for Protection of 0.6, 1.2, 3 and 10
Meter GSO FSS Earth Station Antennas^1
Frequency band (GHz) for International Allocations Aggregate
EPFD[down]dB(W/m^2) Percentage of time during which EPFD[down]may not be
exceeded Reference bandwidth (kHz) Reference antenna diameter and reference
radiation pattern^2
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −170
−168.6
−165.3
−160.4
−160
−160 0
90
99
99.97
99.99
100
40 60 cm, Recommendation ITU-R S.1428.
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −176.5
−173
−164
−161.6
−164.4
−160.8
−160.5
−160
−160 0
99.5
99.84
99.945
99.97
99.99
99.99
99.9975
100
40 1.2 m, Recommendation ITU-R S.1428.
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −185
−184
−182
−168
−164
−162
−160
−160 0
90
99.5
99.9
99.96
99.982
99.997
100
40 3 m, Recommendation ITU-R S.1428.
10.7–11.7 in all Regions; 11.7–12.2 in Region 2; 12.2–12.5 in Region 3; and
12.5–12.75 in Regions 1 and 3 −190
−190
−166
−160
−160 0
99
99.99
99.998
100
40 10 m, Recommendation ITU-R S.1428.
^1In addition to the limits shown in Table 1H, the aggregate
EPFD[down]limits shown in Table 2H shall apply to all antenna sizes greater
than 60 cm in the frequency bands listed in Table 1H.
^2The 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 EPFD[down]Limits Radiated By Non-GSO FSS Systems At
Certain Latitudes
100% of the time EPFD[down]dB(W/(m^2/40 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 relate to the equivalent power flux
density, which would be obtained under free-space propagation conditions,
for all conditions and for all methods of modulation.
(i) In the frequency bands 10.7–11.7 GHz and 11.7–12.2 GHz, the additional
operational equivalent power-flux density, in the space-to-Earth direction,
(additional operational EPFD[down]) at any point on the Earth's surface,
produced by actual operational emissions from all co-frequency space
stations of a non-geostationary-satellite orbit (NGSO) system operating in
the fixed-satellite service (FSS) shall not exceed the following operational
limits for the given percentages of time:
Additional Operational Limits on the EPFD[down]Radiated by Non-GSO FSS
Systems Into 3 m and 10 m GSO FSS Earth Station Antennas
EPFD[down]dB(W/(m^2/40 kHz)) Percentage of time during which EPFD[down]may
not be exceeded Receive GSO earth station
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 to the equivalent power flux
density, which is obtained under free-space propagation conditions, for all
conditions and for all methods of modulation.
(j) In the frequency bands 10.7–11.7 GHz and 11.7–12.2 GHz, the operational
equivalent power-flux density, in the space-to-Earth direction, (operational
EPFD[down]) at any point on the Earth's surface, produced by actual
operational emissions from the in-line co-frequency space station of a
non-geostationary-satellite orbit (NGSO) system operating in the
fixed-satellite service (FSS) shall not exceed the following operational
limits for 100% of the time:
Operational Limits to the EPFD[down]Radiated by Non-GSO FSS Systems in
Certain Frequency Bands^1
Frequency band (GHz) for International allocations EPFD[down]dB(W/m^2)
Percentage of time during which EPFD[down]may not be exceeded Reference
bandwidth (kHz) Receive GSO earth station antenna diameter^2(m) Orbital
inclination of GSO satelite (degrees)
Prior to 31 December 2005: 10.7–11.7 in all Regions; 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
−166
−167.5
−169.5
100
40 3
6
9
≥18
≤2.5
Prior to 31 December 2005: 10.7–11.7 in all Regions; 11.7–12.2 in Region 2;
12.2–12.5 in Region 3; and 12.5–12.75 in Regions 1 and 3 −160
−163
−164.5
−166.5
100
40 3
6
9
≥18
>2.5 and ≤4.5
From 31 December 2005: 10.7–11.7 in all Regions; 11.7–12.2 in Region 2;
12.2–12.5 in Region 3; and 12.5–12.75 in Regions 1 and 3 −161.25
−164
−165.5
−167.5
100
40 3
6
9
≥18
≤2.5
From 31 December 2005: 10.7–11.7 in all Regions; 11.7–12.2 in Region 2;
12.2–12.5 in Region 3; and 12.5–12.75 in Regions 1 and 3 −158.25
−161
−162.5
−164.5
100
40 3
6
9
≥18
>2.5 and ≤4.5
^1The operational limits on the EPFD[down]radiated by non-GSO FSS systems
shall be the values given in Table 2G or this table, whichever are the more
stringent.
^2For antenna diameters between the values given in this table, the limits
are given by linear interpolation using a linear scale for EPFD[down]in
decibels and a logarithmic scale for antenna diameter in meters.
Note to paragraph(j): These limits relate to the operational equivalent
power flux-density which would be obtained under free-space propagation
conditions, for all conditions, for all methods of modulation and for the
specified inclined GSO FSS operations.
(k) In the frequency bands 12.75–13.15 GHz, 13.2125–13.25 GHz and 13.75–14.5
GHz, the equivalent power flux-density, in the Earth-to-space direction,
(EPFD[up]) produced at any point on the geostationary satellite orbit (GSO)
by the emissions from all co-frequency earth stations in a non-geostationary
satellite orbit fixed-satellite service (NGSO FSS) system, for all
conditions and for all methods of modulation, shall not exceed the following
limits for the specified percentages of time limits:
Limits to the EPFD[up]Radiated by NGSO FSS Systems in Certain Frequency
Bands
Frequency band (GHz) for International Allocations EPFD[up]dB(W/m^2)
Percentage of time during which EPFD[up]may not be exceeded Reference
bandwidth (kHz) Reference antenna beamwidth and reference radiation
pattern^1
12.5–12.75; 12.75–13.25; 13.75–14.5 −160 100 40 4°
ITU-R S.672–4,
Ls=−20
^1For the case of L[s]= −10, the values a = 1.83 and b = 6.32 should be used
in the equations in the Annex of Recommendation ITU-R S.672–4 for
single-feed circular beams. In all cases of L[s], the parabolic main beam
equation should start at zero.
Note to paragraph(k): These limits relate to the uplink equivalent power
flux density, which would be obtained under free-space propagation
conditions, for all conditions and for all methods of modulation.
(l) In the frequency bands 11.7–12.2 GHz and 12.5–12.75 GHz in Region 3,
11.7–12.5 GHz in Region 1 and 12.2–12.7 GHz in Region 2, the single-entry
equivalent power-flux density, in the space-to-Earth direction,
(EPFD[down]), at any point on the Earth's surface, produced by emissions
from all co-frequency space stations of a single non-geostationary-satellite
orbit (NGSO) system operating in the fixed-satellite service (FSS) shall not
exceed the following limits in Tables 1L and 2L for the given percentages of
time:
Table 1L—Single-Entry EPFDDown Limits for Protection of 30, 45, 60, 90, 120,
180, 240 and 300 CM GSO BSS Earth Station Antennas^1,2,3,5
Frequency band (GHz) for international
allocations EPDF[down]dB(W/m^2) Percentage of time during which
EPFD[down]level may not be exceeded Reference bandwidth (kHz) Reference
antenna diameter and reference radiation pattern^4
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −165.841
−165.541
−164.041
−158.6
−158.6
−158.33
−158.33 0
25
96
98.857
99.429
99.429
99.429
100 40 30 cm
Recommendation ITU-R
BO.1443 Annex 1
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −175.441
−172.441
−169.441
−164
−160.75
−160
−160 0
66
97.75
99.357
99.809
99.986
100 40 45 cm
Recommendation ITU-R
BO.1443 Annex 1
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −176.441
−173.191
−167.75
−162
−161
−160.2
−160
−160 0
97.8
99.371
99.886
99.943
99.971
99.997
100 40 60 cm
Recommendation ITU-R
BO. 1443 Annex 1
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −178.94
−178.44
−176.44
−171
−165.5
−163
−161
−160
−160 0
33
98
99.429
99.714
99.857
99.943
99.991
100 40 90 cm
Recommendation ITU-R
BO.1443 Annex 1
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −182.44
−180.69
−179.19
−178.44
−174.94
−173.75
−173
−169.5
−167.8
−164
−161.9
−161
−160.4
−160 0
90
98.9
98.9
99.5
99.68
99.68
99.85
99.915
99.94
99.97
99.99
99.998
100 40 120 cm
Recommendation ITU-R
BO.1443 Annex 1
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −184.941
−184.101
−181.691
−176.25
−163.25
−161.5
−160.35
−160
−160 0
33
98.5
99.571
99.946
99.974
99.993
99.999
100 40 180 cm^3
Recommendation ITU-R
BO.1443 Annex 1
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −187.441
−186.341
−183.441
−178
−161.4
−161.9
−160.5
−160
−160 0
33
99.25
99.786
99.957
99.983
99.994
99.999
100 40 240 cm^2
Recommendation ITU-R
BO.1443 Annex 1
11.7–12.5 in Region 1; 1.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −191.941
−189.441
−185.941
−180.5
−173
−167
−162
−160
−160 0
33
99.5
99.857
99.914
99.951
99.983
99.991
100 40 300 cm
Recommendation ITU-R
BO.1443 Annex 1
^1For 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.
^2For 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/(m^2/40 kHz)) single-entry 100% of the time operational
EPFD[down]limit also applies to receive antennas.
^3For 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/(m^2/40 kHz)) single-entry 100% of the time operational EPFD[down]limit
also applies.
^4Under 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.
^5For 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 EPFD[down]Limits Radiated By Non-GSO FSS Systems At
Certain Latitudes
100% of the time EPFD[down]dB(W/(m^2/40 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 the equivalent power flux
density, which would be obtained under free-space propagation conditions,
for all conditions and for all methods of modulation.
(m) In the frequency bands 11.7–12.2 GHz and 12.5–12.75 GHz in Region 3,
11.7–12.5 GHz in Region 1 and 12.2–12.7 GHz in Region 2, the aggregate
equivalent power-flux density, in the space-to-Earth direction, (EPFD[down])
at any point on the Earth's surface, produced by emissions from all
co-frequency space stations of all non-geostationary-satellite orbit systems
operating in the fixed-satellite service (FSS) shall not exceed the
following limits in Tables 1M and 2M for the given percentages of time:
Table 1M—Aggregate EPFD[down]Limits for Protection of 30, 45, 60, 90, 120,
180, 240 and 300 cm GSO BSS Earth Station Antennas^1,2,3,5
Frequency band (GHz) for international allocations EPFD[down]dB (W/m^2)
Percentage of time during which EPFD[down]level may not be exceeded
Reference bandwidth (kHz) Reference antenna diameter, and reference
radiation pattern^4
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −160.4
−160.1
−158.6
−158.6
−158.33
−158.33 0
25
96
98
98
100
40 30 cm
Recommendation ITU-R
BO.1443
Annex 1.
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −170
−167
−164
−160.75
−160
−160 0
66
97.75
99.33
99.95
100
40 45 cm
Recommendation ITU-R
BO.1443
Annex 1.
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −171
−168.75
−167.75
−162
−161
−160.2
−160
−160 0
90
97.8
99.6
99.8
99.9
99.99
100
40 60 cm
Recommendation ITU-R
BO.1443
Annex 1.
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −173.75
−173
−171
−165.5
−163
−161
−160
−160 0
33
98
99.1
99.5
99.8
99.97
100
40 90 cm
Recommendation ITU-R
BO.1443
Annex 1.
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −177
−175.25
−173.75
−173
−169.5
−167.8
−164
−161.9
−161
−160.4
−160 0
90
98.9
98.9
99.5
99.7
99.82
99.9
99.965
99.993
100
40 120 cm
Recommendation ITU-R
BO.1443
Annex 1.
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −179.5
−178.66
−176.25
−163.25
−161.5
−160.35
−160
−160 0
33
98.5
99.81
99.91
99.975
99.995
100
40 180 cm
Recommendation ITU-R
BO.1443
Annex 1.
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −182
−180.9
−178
−164.4
−161.9
−160.5
−160
−160 0
33
99.25
99.85
99.94
99.98
99.995
100
40 240 cm
Recommendation ITU-R
BO.1443
Annex 1.
11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in Region 3; 12.2–12.7 in
Region 2 −186.5
−184
−180.5
−173
−167
−162
−160
−160 0
33
99.5
99.7
99.83
99.94
99.97
100
40 300 cm
Recommendation ITU-R
BO.1443
Annex 1.
^1For 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.
^2For 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/(m^2/40 kHz)) aggregate 100% of the time operational
EPFD[down]limit also applies to receive antennas.
^3For 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/(m^2/40 kHz)) aggregate 100% of the time operational EPFD[down]limit
also applies.
^4Under 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.
^5For 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 EPFD[down]Limits Radiated by Non-GSO FSS Systems At
Certain Latitudes
00% of the time EPFD[down]dB(W/(m^2/40 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 relate to the equivalent power flux
density, which would be obtained under free-space propagation conditions,
for all conditions and for all methods of modulation.
(n) The power-flux density at the Earth's surface produced by emissions from
a space station in the fixed-satellite service (space-to-Earth), for all
conditions and for all methods of modulation, shall not exceed the limits
given in Table N. These limits relate to the power flux-density which would
be obtained under assumed free-space conditions.
Table N—Limits of Power-Flux Density From Space Stations in the Band
6700–7075 MHz
Frequency band Limit in dB(W/m2) for angle of arrival (δ) above the
horizontal plane Reference bandwidth
0^0–5^0 5^0–25^0 25^0–90^0
6700–6825 MHz −137 −137 + 0.5(δ−5) −127 1 MHz
6825–7075 MHz −154
and
−134 −154 + 0.5(δ−5)
and
−134 + 0.5(δ−5) 144
and
−124 4 kHz
1 MHz
(o) In the band 12.2–12.7 GHz, for NGSO FSS space stations, the specified
low-angle power flux-density at the Earth's surface produced by emissions
from a space station shall not be exceeded into an operational MVDDS
receiver:
(1) −158 dB(W/m^2 ) in any 4 kHz band for angles of arrival between 0 and 2
degrees above the horizontal plane; and
(2) −158 + 3.33(δ−2) dB(W/m^2 ) in any 4 kHz band for angles of arrival (δ)
(in degrees) between 2 and 5 degrees above the horizontal plane.
Note to paragraph(o): These limits relate to the power flux density, which
would be obtained under assumed free-space propagation conditions.
(p) The power flux-density at the Earth's surface produced by emissions from
a space station in either the Earth exploration-satellite service in the
band 25.5–27 GHz or the inter-satellite service in the band 25.25–27.5 GHz
for all conditions and for all methods of modulation shall not exceed the
following values:
−115 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−115 + 0.5(−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival between 5
and 25 degrees above the horizontal plane;
−105 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane.
These limits relate to the power flux-density which would be obtained under
assumed free-space propagation conditions.
(q) In the band 37.5–40.0 GHz, the power flux-density at the Earth's surface
produced by emissions from a geostationary space station for all methods of
modulation shall not exceed the following values.
(1) This limit relates to the power flux-density which would be obtained
under assumed free space conditions (that is, when no allowance is made for
propogation impairments such as rain-fade):
−139 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−139 + 4/3 (δ−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 5 and 20 degrees above the horizontal plane; and
−119 + 0.4 (δ−20) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 20 and 25 degrees above the horizontal plane;
−117 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane;
(2) This limit relates to the maximum power flux-density which would be
obtained anywhere on the surface of the Earth during periods when FSS system
raises power to compensate for rain-fade conditions at the FSS Earth
station:
−127 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−127 + 4/3 (δ−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 5 and 20 degrees above the horizontal plane; and
−107 + 0.4 (δ−20) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 20 and 25 degrees above the horizontal plane;
−105 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane.
Note to paragraph(q): The conditions under which satellites may exceed the
power flux-density limits for normal free space propagation described in
paragraph (p)(1) to compensate for the effects of rain fading are under
study and have therefore not yet been defined. Such conditions and the
extent to which these limits can be exceeded will be the subject of a
further rulemaking by the Commission on the satellite service rules.
(r) In the band 37.5–40.0 GHz, the power flux-density at the Earth's surface
produced by emissions from a non-geostationary space station for all methods
of modulation shall not exceed the following values:
(1) This limit relates to the power flux-density which would be obtained
under assumed free space conditions (that is, when no allowance is made for
propogation impairments such as rain-fade):
−132 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−132 + 0.75 (δ−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 5 and 25 degrees above the horizontal plane; and
−117 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane;
(2) This limit relates to the maximum power flux-density which would be
obtained anywhere on the surface of the Earth during periods when FSS system
raises power to compensate for rain-fade conditions at the FSS Earth
station:
−120 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−120 + 0.75 (δ−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 5 and 25 degrees above the horizontal plane; and
−105 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane.
Note to paragraph(r): The conditions under which satellites may exceed these
power flux-density limits for normal free space propagation described in
paragraph (q)(1) to compensate for the effects of rain fading are under
study and have therefore not yet been defined. Such conditions and the
extent to which these limits can be exceeded will be the subject of a
further rulemaking by the Commission on the satellite service rules.
(s) In the band 40.04 0.5 GHz, the power flux-density at the Earth's surface
produced by emissions from a space station for all conditions and for all
methods of modulation shall not exceed the following values:
−115 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−115 + 0.5 (δ−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 5 and 25 degrees above the horizontal plane; and
−105 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane;
Note to paragraph(s): These limits relate to the power flux-density that
would be obtained under assumed free-space propagation conditions.
(t) In the band 40.5–42.0 GHz, the power flux density at the Earth's surface
produced by emissions from a non-geostationary space station for all
conditions and for all methods of modulation shall not exceed the following
values:
−115 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−115 + 0.5 (δ−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 5 and 25 degrees above the horizontal plane; and
−105 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane;
Note to paragraph(t): These limits relate to the power flux density that
would be obtained under assumed free-space propagation conditions.
(u) In the band 40.5–42.0 GHz, the power flux-density at the Earth's surface
produced by emissions from a geostationary space station for all conditions
and for all methods of modulation shall not exceed the following values:
−120 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 0 and 5
degrees above the horizontal plane;
−120 + (δ−5) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 5 and 15 degrees above the horizontal plane;
−110 + 0.5 (δ−15) dB(W/m^2 ) in any 1 MHz band for angles of arrival δ (in
degrees) between 15 and 25 degrees above the horizontal plane; and
−105 dB(W/m^2 ) in any 1 MHz band for angles of arrival between 25 and 90
degrees above the horizontal plane;
Note to paragraph(u): These limits relate to the power flux-density that
would be obtained under assumed free-space propagation conditions.
(v) In the band 2496–2500 MHz, the power flux-density at the Earth's surface
produced by emissions from non-geostationary space stations for all
conditions and all methods of modulation shall not exceed the following
values (these values are obtained under assumed free-space propagation
conditions):
(1) −144 dB (W/m&supcaret;2) in 4 kHz for all angles of arrival between 0
and 5 degrees above the horizontal plane; −144 dB (W/m&supcaret;2) + 0.65(δ
−5) in 4 kHz for all angles of arrival between 5 and 25 degrees above the
horizontal plane; and
−131 dB (W/m&supcaret;2) in 4 kHz and for all angles of arrival between 25
and 90 degrees above the horizontal plane.
(2) −126 dB (W/m&supcaret;2) in 1 MHz for all angles of arrival between 0
and 5 degrees above the horizontal plane; −126 dB (W/m&supcaret;2) + 0.65(δ
−5) in 1 MHz for all angles of arrival between 5 and 25 degrees above the
horizontal plane; and
−113 dB (W/m&supcaret;2) in 1 MHz and for all angles of arrival between 25
and 90 degrees above the horizontal plane.
(w) The power flux density at the Earth's surface produced by emissions from
a 17/24 GHz BSS space station operating in the 17.3–17.7 GHz band for all
conditions, including clear sky, and for all methods of modulation shall not
exceed the regional power flux density levels defined below.
(1) In the region of the contiguous United States, located south of 38°
North Latitude and east of 100 West Longitude: −115 dBW/m^2 /MHz.
(2) In the region of the contiguous United States, located north of 38°
North Latitude and east of 100° West Longitude: −118 dBW/m^2 /MHz.
(3) In the region of the contiguous United States, located west of 100 West
Longitude: −121 dBW/m^2 /MHz.
(4) For all regions outside of the contiguous United States including Alaska
and Hawaii: −115 dBW/m^2 /MHz.
[ 48 FR 40255 , Sept. 6, 1983, as amended at 52 FR 45636 , Dec. 1, 1987; 59 FR 53329 , Oct. 21, 1994; 65 FR 54171 , Sept. 7, 2000; 66 FR 10623 , Feb. 16,
2001; 66 FR 63515 , Dec. 7, 2001; 67 FR 17299 , Apr. 10, 2002; 67 FR 46911 ,
July 17, 2002; 68 FR 16448 , Apr. 4, 2003; 68 FR 43946 , July 25, 2003; 69 FR 31745 , June 7, 2004; 69 FR 52207 , Aug. 25, 2004; 70 FR 24725 , May 11, 2005;
70 FR 46675 , Aug. 10, 2005; 71 FR 35188 , June 19, 2006; 72 FR 50029 , Aug.
29, 2007]
§ 25.209 Antenna performance standards.
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(a) The gain of any antenna to be employed in transmission from an earth
station in the geostationary satellite orbit fixed-satellite service (GSO
FSS) shall lie below the envelope defined as follows:
(1) In the plane of the geostationary satellite orbit as it appears at the
particular earth station location:
[MATH: 
:MATH]
where Theta is the angle in degrees from the axis of the main lobe, and dBi
refers to dB relative to an isotropic radiator. For the purposes of this
section, the peak gain of an individual sidelobe may not exceed the envelope
defined above for Theta between 1.0 and 7.0 degrees. For Theta greater than
7.0 degrees, the envelope may be exceeded by no more than 10% of the
sidelobes, provided no individual sidelobe exceeds the gain envelope given
above by more than 3 dB.
(2) In all other directions, or in the plane of the horizon including any
out-of-plane potential terrestrial interference paths:
Outside the main beam, the gain of the antenna shall lie below the envelope
defined by:
[MATH: 
:MATH]
where Theta and dBi are defined above. For the purposes of this section, the
envelope may be exceeded by no more than 10% of the sidelobes provided no
individual sidelobe exceeds the gain envelope given above by more than 6 dB.
The region of the main reflector spillover energy is to be interpreted as a
single lobe and shall not exceed the envelope by more than 6 dB.
(b) The off-axis cross-polarization gain of any antenna to be employed in
transmission from an earth station to a space station in the domestic
fixed-satellite service shall be defined by:
[MATH: 
:MATH]
(c) (1) Earth station antennas licensed for reception of radio transmissions
from a space station in the fixed-satellite service are protected from radio
interference caused by other space stations only to the degree to which
harmful interference would not be expected to be caused to an earth station
employing an antenna conforming to the referenced patterns defined in
paragraphs (a) and (b) of this section, and protected from radio
interference caused by terrestrial radio transmitters identified by the
frequency coordination process only to the degree to which harmful
interference would not be expected to be caused to an earth station
conforming to the reference pattern defined in paragraph (a)(2) of this
section.
(2) 17/24 GHz BSS telemetry earth stations are protected from harmful
interference caused by other space stations to the extent set forth in
paragraph (c)(1) of this section. Receive-only earth stations in the 17/24
GHz BSS are protected from harmful interference caused by other space
stations to the extent set forth in §25.224 of this part.
(d) The patterns specified in paragraphs (a) and (b) of this section shall
apply to all new earth station antennas initially authorized after February
15, 1985 and shall apply to all earth station antennas after March 11, 1994.
(e) The operations of any earth station with an antenna not conforming to
the standards of paragraphs (a) and (b) of this section shall impose no
limitations upon the operation, location or design of any terrestrial
station, any other earth station, or any space station beyond those
limitations that would be expected to be imposed by an earth station
employing an antenna conforming to the reference patterns defined in
paragraphs (a) and (b) of this section.
(f) An earth station with an antenna not conforming to the standards of
paragraphs (a) and (b) of this section will be authorized after February 15,
1985 upon a finding by the Commission that unacceptable levels of
interference will not be caused under conditions of uniform 2° orbital
spacing. An earth station antenna initially authorized on or before February
15, 1985 will be authorized by the Commission to continue to operate as long
as such operations are found not to cause unacceptable levels of adjacent
satellite interference. In either case, the Commission will impose
appropriate terms and conditions in its authorization of such facilities and
operations. The applicant has the burden of demonstrating that its antenna
not conforming to the standards of paragraphs (a) and (b) of this section
will not cause unacceptable interference. This demonstration must comply
with the procedures set forth in §25.220.
(g) The antenna performance standards of small antennas operating in the
12/14 GHz band with diameters as small as 1.2 meters starts at 1.25° instead
of 1° as stipulated in paragraph (a) of this section.
(h)(1) The gain of any antennas to be employed in transmission from a
gateway earth station antenna operating in the frequency bands 10.7–11.7
GHz, 12.75–13.15 GHz, 13.2125–13.25 GHz, 13.8–14.0 GHz, and 14.4–14.5 GHz
and communicating with NGSO FSS satellites shall lie below the envelope
defined as follows:
29 − 25log[10](Θ) dBi − 10 dBi
1^B ≤ Θ ≤ 36^B
36^B ≤ Θ ≤ 180^B
Where: Θ is the angle in degrees from the axis of the main lobe, and dBi
refers to dB relative to an isotropic radiator.
(2) For the purposes of this section, the peak gain of an individual
sidelobe may not exceed the envelope defined in paragraph (h)(1) of this
section.
[ 48 FR 40255 , Sept. 6, 1983, as amended at 50 FR 2675 , Jan. 18, 1985; 50 FR 39004 , Sept. 26, 1985; 58 FR 13420 , Mar. 11, 1993; 66 FR 10630 , Feb. 16,
2001; 70 FR 32255 , June 2, 2005; 72 FR 50029 , Aug. 29, 2007]
§ 25.210 Technical requirements for space stations in the Fixed-Satellite
Service.
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(a) All space stations in the Fixed-Satellite Service used for domestic
service in the 3700–4200 MHz and 5925–6425 MHz frequency bands shall:
(1) Use orthogonal linear polarization with one of the planes defined by the
equatorial plane;
(2) Be designed so that the polarization sense of uplink transmissions is
opposite to that of downlink transmissions on the same transponder; and
(3) Shall be capable of switching polarization sense upon ground command.
(b) All space stations in the Fixed-Satellite Service in the 20/30 GHz band
shall use either orthogonal linear or orthogonal circular polarization.
Those space stations utilizing orthogonal linear polarization shall also
comply with paragraph (a) of this section.
(c) All space stations in the Fixed-Satellite Service shall have a minimum
capability to change transponder saturation flux densities by ground command
in 4 dB steps over a range of 12 dB.
(d) All space stations in the Fixed Satellite Service in the 20/30 GHz band
shall employ state-of-the-art full frequency reuse either through the use of
orthogonal polarizations within the same beam and/or through the use of
spatially independent beams.
(e) [Reserved]
(f) All space stations in the Fixed Satellite Service in the 3600–3700 MHz,
3700–4200 MHz, 5091–5250 MHz, 5825–5925 MHz, 5925–6425 MHz, 6425–6525 MHz,
6525–6700 MHz, 6700–7025 MHz, 10.7–10.95 GHz, 10.95–11.2 GHz, 11.2–11.45
GHz, 11.45–11.7 GHz, 11.7–12.2 GHz, 12.2–12.7 GHz, 12.75–13.15 GHz,
13.15–13.2125 GHz, 13.2125–13.25 GHz, 13.75–14.0 GHz, 14.0–14.5 GHz,
15.43–15.63 GHz, and 24.75–25.25 GHz bands, or in the Broadcasting-Satellite
Service in the 17.3–17.8 GHz band (space-to-Earth), shall employ
state-of-the-art full frequency reuse either through the use of orthogonal
polarizations within the same beam and/or the use of spatially independent
beams.
(g)–(h) [Reserved]
(i)(1) Space station antennas in the Fixed-Satellite Service, other than
antennas in the 17/24 GHz BSS, must be designed to provide a
cross-polarization isolation such that the ratio of the on axis co-polar
gain to the cross-polar gain of the antenna in the assigned frequency band
shall be at least 30 dB within its primary coverage area.
(2) Space station antennas in the 17/24 GHz Broadcasting Satellite Service
must be designed to provide a cross-polarization isolation such that the
ratio of the on axis co-polar gain to the cross-polar gain of the antenna in
the assigned frequency band shall be at least 25 dB within its primary
coverage area.
(j) Space stations operated in the geostationary satellite orbit must be
maintained within 0.05° of their assigned orbital longitude in the east/west
direction, unless specifically authorized by the Commission to operate with
a different longitudinal tolerance, and except as provided in Section
25.283(b) (End-of-life Disposal).
(k) Antenna measurements of both co-polarized and cross-polarized
performance must be made on all antennas employed by space stations both
within the primary coverage area to facilitate coordination with other
Commission space station licensees and outside the primary coverage area to
facilitate international frequency coordination with other Administrations.
The results of such measurements shall be submitted to the Commission within
thirty days after preliminary in-orbit testing is completed.
(l) All operators of space stations shall, on June 30 of each year, file a
report with the International Bureau and the Commission's Columbia
Operations Center in Columbia, Maryland, containing the following
information current as of May 31 of that year:
(1) Status of satellite construction and anticipated launch dates, including
any major problems or delays encountered;
(2) A listing of any non-scheduled transponder outages for more than thirty
minutes and the cause(s) of such outages;
(3) A detailed description of the utilization made of each transponder on
each of the in-orbit satellites. This description should identify the total
capacity or the percentage of time each transponder is actually used for
transmission, and the amount of unused system capacity in the transponder.
This information is not required for those transponders that are sold on a
non-common carrier basis. In that case, operators should indicate the number
of transponders sold on each in-satellite orbit.
(4) Identification of any transponders not available for service or
otherwise not performing to specifications, the cause of these difficulties,
and the date any transponder was taken out of service or the malfunction
identified.
[ 58 FR 13420 , Mar. 11, 1993, as amended at 61 FR 9952 , Mar. 12, 1996; 62 FR 5931 , Feb. 10, 1997; 62 FR 61457 , Nov. 18, 1997; 68 FR 51508 , Aug. 27, 2003;
69 FR 54587 , Sept. 9, 2004; 70 FR 32256 , June 2, 2005; 72 FR 50029 , Aug. 29,
2007]
§ 25.211 Analog video transmissions in the Fixed-Satellite Services.
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(a) Downlink analog video transmissions in the band 3700–4200 MHz shall be
transmitted only on a center frequency of 3700+20N MHz, where N=1 to 24. The
corresponding uplink frequency shall be 2225 MHz higher.
(b) All 4/6 GHz analog video transmissions shall contain an energy dispersal
signal at all times with a minimum peak-to-peak bandwidth set at whatever
value is necessary to meet the power flux density limits specified in
§25.208(a) and successfully coordinated internationally and accepted by
adjacent U.S. satellite operators based on the use of state of the art space
and earth station facilities. Further, all transmissions operating in
frequency bands described in §25.208 (b) and (c) shall also contain an
energy dispersal signal at all times with a minimum peak-to-peak bandwidth
set at whatever value is necessary to meet the power flux density limits
specified in §25.208(b) and (c) and successfully coordinated internationally
and accepted by adjacent U.S. satellite operators based on the use of state
of the art space and earth station facilities. The transmission of an
unmodulated carrier at a power level sufficient to saturate a transponder is
prohibited, except by the space station licensee to determine transponder
performance characteristics. All 12/14 GHz video transmissions for TV/FM
shall identify the particular carrier frequencies for necessary coordination
with adjacent U.S. satellite systems and affected satellite systems of other
administrations.
(c) All initial analog video transmissions shall be preceded by a video test
transmission at an uplink e.i.r.p. at least 10 dB below the normal operating
level. The earth station operator shall not increase power until receiving
notification from the satellite network control center that the frequency
and polarization alignment are satisfactory pursuant to the procedures
specified in §25.272. The stationary earth station operator that has
successfully transmitted an initial video test signal to a satellite
pursuant to this paragraph is not required to make subsequent video test
transmissions if subsequent transmissions are conducted using exactly the
same parameters as the initial transmission.
(d) An earth station may be routinely licensed for transmission of full
transponder video analog services provided:
(1) In the 5925–6425 MHz band, with an antenna equivalent diameter 4.5
meters or greater, the maximum input power into the antenna does not exceed
26.5 dBW; or
(2) In the 14.0–14.5 GHz band, with an antenna equivalent diameter of 1.2
meters or greater, the maximum input power into the antenna does not exceed
27 dBW.
(e) Antennas smaller than those specified in paragraph (d) of this section
are subject to the provisions of §25.220, which may include power reduction
requirements. These antennas will not be routinely licensed for transmission
of full transponder services.
(f) Each applicant for authorization for analog transmissions in the
fixed-satellite service proposing to use maximum power into the antenna in
excess of those specified in §25.211(d), must comply with the procedures set
forth in §25.220.
[ 58 FR 13421 , Mar. 11, 1993, as amended at 61 FR 9952 , Mar. 12, 1996; 62 FR 5931 , Feb. 10, 1997; 70 FR 32256 , June 2, 2005]
§ 25.212 Narrowband analog transmissions, digital transmissions, and video
transmissions in the GSO Fixed-Satellite Service.
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(a) Except as otherwise provided by this part, criteria for unacceptable
levels of interference caused by other satellite networks shall be
established on the basis of nominal operating conditions and with the
objective of minimizing orbital separations between satellites.
(b) Emissions with an occupied bandwidth of less than 2 MHz are not
protected from interference from wider bandwidth transmissions if the r.f.
carrier frequency of the narrowband signal is within ±1 MHz of one of the
frequencies specified in §25.211(a).
(c) In the 14.0–14.5 GHz band, an earth station with an antenna equivalent
diameter of 1.2 meters or greater may be routinely licensed for transmission
of narrowband analog services with bandwidths up to 200 kHz if the maximum
input power spectral density into the antenna does not exceed −8 dBW/4 kHz
and the maximum transmitted satellite carrier EIRP density does not exceed
13 dBW/4 kHz. Such earth stations may be routinely licensed for transmission
of narrowband and/or wideband digital services, including digital video
services, if the maximum input spectral power density into the antenna does
not exceed −14 dBW/4 kHz and the maximum transmitted satellite carrier EIRP
density does not exceed +6.0 dBW/4 kHz. Antennas with a smaller major or
minor axis in the 14 GHz band are subject to the provisions of §25.220,
which may include power reduction requirements.
(d)(1) For earth stations licensed before March 10, 2005 in the 5925–6425
MHz band, an earth station with an equivalent diameter of 4.5 meters or
greater may be routinely licensed for transmission of SCPC services if the
maximum power densities into the antenna do not exceed +0.5 dBW/4 kHz for
analog SCPC carriers with bandwidths up to 200 kHz, and do not exceed −2.7
dBW/4 kHz for narrow and/or wideband digital SCPC carriers.
(2) For earth stations licensed after March 10, 2005 in the 5925–6425 MHz
band, an earth station with an equivalent diameter of 4.5 meters or greater
may be routinely licensed for transmission of SCPC services if the maximum
power densities into the antenna do not exceed +0.5 dBW/4 kHz for analog
SCPC carriers with bandwidths up to 200 kHz, and do not exceed −2.7 −
10log(N) dBW/4 kHz for narrow and/or wideband digital SCPC carriers. For
digital SCPC using frequency division multiple access (FDMA) or time
division multiple access (TDMA) technique, N is equal to one. For digital
SCPC using code division multiple access (CDMA) technique, N is the maximum
number of co-frequency simultaneously transmitting earth stations in the
same satellite receiving beam.
(3) Antennas with an equivalent diameter smaller than 4.5 meters in the
5925–6425 MHz band are subject to the provisions of §25.220 of this chapter,
which may include power reduction requirements.
(e) Each applicant for authorization for transmissions in the
fixed-satellite service proposing to use transmitted satellite carrier EIRP
densities, and/or maximum antenna input power densities in excess of those
specified in paragraph (c) of this section in the 14.0–14.5 GHz band, or in
paragraph (d) of this section in the 5925–6425 MHz band, respectively, must
comply with the procedures set forth in §25.220.
(f) In the 24.75–25.25 GHz band, an earth station that meets the antenna
gain pattern requirements set forth in §§25.209(a) and (b) of this part may
be routinely licensed if the maximum power density into the antenna does not
exceed 3.5 dBW/MHz.
[ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997; 62 FR 51378 , Oct. 1, 1997; 70 FR 32256 , June 2, 2005; 70 FR 33376 , June 8, 2005;
72 FR 50030 , Aug. 29, 2007]
§ 25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz
mobile-satellite service.
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(a) Protection of the radio astronomy service in the 1610.6–1613.8 MHz band
against interference from 1.6/2.4 GHz Mobile-Satellite Service systems.
(1) Protection zones. All 1.6/2.4 GHz Mobile Satellite Service systems shall
be capable of determining the position of the user transceivers accessing
the space segment through either internal radiodetermination calculations or
external sources such as LORAN-C or the Global Positioning System. During
periods of radio astronomy observations, land mobile earth stations shall
not operate when located within geographic protection zones defined by the
radio observatory coordinates and separation distances as follows:
(i) In the band 1610.6–1613.8 MHz, within a 160 km radius of the following
radio astronomy sites:
Observatory Latitude (DMS) Longitude (DMS)
Arecibo, PR 18 20 46 66 45 11
Green Bank Telescope, WV 38 25 59 79 50 24
38 26 09 79 49 42
Very Large Array, NM 34 04 43 107 37 04
Owens Valley, CA 37 13 54 118 17 36
Ohio State, OH 40 15 06 83 02 54
(ii) In the band 1610.6–1613.8 MHz, within a 50 km radius of the following
sites:
Observatory Latitude (DMS) Longitude (DMS)
Pile Town, NM 34 18 04 108 07 07
Los Alamos, NM 35 46 30 106 14 42
Kitt Peak, AZ 31 57 22 111 36 42
Ft. Davis, TX 30 38 06 103 56 39
N. Liberty, IA 41 46 17 91 34 26
Brewster, WA 48 07 53 119 40 55
Owens Valley, CA 37 13 54 118 16 34
St. Croix, VI 17 45 31 64 35 03
Mauna Kea, HI 19 48 16 155 27 29
Hancock, NH 42 56 01 71 59 12
(iii) Out-of-band emissions of a mobile earth station licensed to operate
within the 1610.0–1626.5 MHz band shall be attenuated so that the power flux
density it produces in the 1610.6–1613.8 MHz band at any radio astronomy
site listed in paragraph (a)(1) (i) or (ii) of this section shall not exceed
the emissions of a mobile earth station operating within the 1610.6–1613.8
MHz band at the edge of the protection zone applicable for that site. As an
alternative, a mobile earth station shall not operate during radio astronomy
observations within the 1613.8–1615.8 MHz band within 100 km of the radio
astronomy sites listed in paragraph (a)(1)(i) of this section, and within 30
km of the sites listed in paragraph (a)(1)(ii) of this section, there being
no restriction on a mobile earth station operating within the 1615.8–1626.5
MHz band.
(iv) For airborne mobile earth stations operating in the 1610.0–1626.5 MHz
band, the separation distance shall be the larger of the distances specified
in paragraph (a)(1) (i), (ii) or (iii) of this section, as applicable, or
the distance, d, as given by the formula:
d (km) = 4.1 square root of (h)
where h is the altitude of the aircraft in meters above ground level.
(v) Smaller geographic protection zones may be used in lieu of the areas
specified in paragraphs (a)(1) (i), (ii), (iii), and (iv) of this section if
agreed to by the Mobile-Satellite Service licensee and the Electromagnetic
Spectrum Management Unit (ESMU), National Science Foundation, Washington,
D.C. upon a showing by the Mobile-Satellite Service licensee that the
operation of a mobile earth station will not cause harmful interference to a
radio astronomy observatory during periods of observation.
(vi) The ESMU shall notify Mobile-Satellite Service space station licensees
authorized to operate mobile earth terminals in the 1610.0–1626.5 MHz band
of periods of radio astronomy observations. The mobile-satellite systems
shall be capable of terminating operations within the frequency bands and
protection zones specified in paragraphs (a)(1) (i) through (iv) of this
section, as applicable, after the first position fix of the mobile earth
terminal either prior to transmission or, based upon its location within the
protection zone at the time of initial transmission of the mobile earth
terminal. Once the mobile-satellite system determines that a mobile earth
terminal is located within an RAS protection zone, the mobile-satellite
system shall immediately initiate procedures to relocate the mobile earth
terminal operations to a non-RAS frequency.
(vii) A beacon-actuated protection zone may be used in lieu of fixed
protection zones in the 1610.6–1613.8 MHz band if a coordination agreement
is reached between a mobile-satellite system licensee and the ESMU on the
specifics of beacon operations.
(viii) Additional radio astronomy sites, not located within 100 miles of the
100 most populous urbanized areas as defined by the United States Census
Bureau at the time, may be afforded similar protection one year after notice
to the mobile-satellite system licensees by issuance of a public notice by
the Commission.
(2) Mobile-Satellite Service space stations transmitting in the
1613.8–1626.5 MHz band shall take whatever steps necessary to avoid causing
harmful interference to the radio astronomy facilities listed in paragraphs
(a)(1)(i) and (ii) of this section during periods of observation.
(3) Mobile-Satellite Service space stations operating in the 2483.5–2500 MHz
frequency band shall limit spurious emission levels in the 4990–5000 MHz
band so as not to exceed −241 dB (W/m^2 /Hz) at the surface of the Earth.
(4) The Radioastronomy Service shall avoid scheduling radio astronomy
observations during peak MSS/RDSS traffic periods to the greatest extent
practicable.
(b) If a Mobile-Satellite Service space station operator in the 2496–2500
MHz band intends to operate at powers levels that exceed the PFD limits in
§25.208(v), or if actual operations routinely exceed these PFD limits, we
require the Mobile-Satellite Service operator to receive approval from each
operational BRS system in the affected geographical region.
[ 59 FR 53329 , Oct. 21, 1994, as amended at 61 FR 9945 , Mar. 12, 1996; 67 FR 61816 , Oct. 2, 2002; 71 FR 35188 , June 19, 2006]
§ 25.214 Technical requirements for space stations in the satellite digital
audio radio service.
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(a) Definitions.
(1) Allocated bandwidth. The term “allocated bandwidth” refers to the entry
in the Table of Frequency Allocations of a given frequency band for the
purpose of its use by one or more terrestrial or space radiocommunication
services under specified conditions. This term shall be applied to the
2310–2360 MHz band for satellite DARS.
(2) Frequency Assignment. The term “frequency assignment” refers to the
authorization given by the Commission for a radio station to use a radio
frequency or radio frequency channel under specified conditions. This term
shall be applied to the two frequency bands (A) 2320.0–2332.5 MHz and (B)
2332.5–2340.0 MHz for satellite DARS.
(b) Each system authorized under this section will be conditioned upon
construction, launch and operation milestones as outlined in §25.144(b). The
failure to meet any of the milestones contained in an authorization will
result in its cancellation, unless such failure is due to circumstances
beyond the licensee's control or unless otherwise determined by the
Commission upon proper showing by the licensee in any particular case.
(c) Frequency assignments will be made for each satellite DARS system as
follows:
(1) Exclusive satellite DARS licenses are limited to the 2320–2345 MHz band
segment of the allocated bandwidth for satellite DARS;
(2) Two, 12.5 MHz frequency assignments are available for satellite DARS:
2320.0–2332.5 MHz and 2332.5–2345.0 MHz;
(3) Satellite DARS licensees may reduce their assigned bandwidth occupancy
to provide telemetry beacons in their exclusive frequency assignments;
(4) Each licensee may employ cross polarization within its exclusive
frequency assignment and/or may employ cross polarized transmissions in
frequency assignments of other satellite DARS licensees under mutual
agreement with those licensees. Licensees who come to mutual agreement to
use cross-polarized transmissions shall apply to the Commission for approval
of the agreement before coordination is initiated with other administrations
by the licensee of the exclusive frequency assignment; and
(5) Feeder uplink networks are permitted in the following Fixed-Satellite
Service frequency bands: 7025–7075 MHz and 6725–7025 MHz (101° W.L. orbital
location only).
[ 62 FR 11106 , Mar. 11, 1997]
§ 25.215 Technical requirements for space stations in the Direct Broadcast
Satellite Service.
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In addition to §25.148(f), space station antennas operating in the Direct
Broadcast Satellite Service must be designed to provide a cross-polarization
isolation such that the ratio of the on-axis co-polar gain to the
cross-polar gain of the antenna in the assigned frequency band shall be at
least 30 dB within its primary coverage area.
[ 67 FR 51114 , Aug. 7, 2002]
§ 25.216 Limits on emissions from mobile earth stations for protection of
aeronautical radionavigation-satellite service.
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(a) The e.i.r.p. density of emissions from mobile earth stations placed in
service on or before July 21, 2002 with assigned uplink frequencies between
1610 MHz and 1660.5 MHz shall not exceed −70 dBW/MHz, averaged over any 2
millisecond active transmission interval, in the band 1559–1587.42 MHz. The
e.i.r.p. of discrete emissions of less than 700 Hz bandwidth generated by
such stations shall not exceed −80 dBW, averaged over any 2 millisecond
active transmission interval, in that band.
(b) The e.i.r.p. density of emissions from mobile earth stations placed in
service on or before July 21, 2002 with assigned uplink frequencies between
1610 MHz and 1626.5 MHz shall not exceed −64 dBW/MHz, averaged over any 2
millisecond active transmission interval, in the band 1587.42–1605 MHz. The
e.i.r.p. of discrete emissions of less than 700 Hz bandwidth generated by
such stations shall not exceed −74 dBW, averaged over any 2 millisecond
active transmission interval, in the 1587.42–1605 MHz band.
(c) The e.i.r.p. density of emissions from mobile earth stations placed in
service after July 21, 2002 with assigned uplink frequencies between 1610
MHz and 1660.5 MHz shall not exceed −70 dBW/MHz, averaged over any 2
millisecond active transmission interval, in the band 1559–1605 MHz. The
e.i.r.p. of discrete emissions of less than 700 Hz bandwidth from such
stations shall not exceed −80 dBW, averaged over any 2 millisecond active
transmission interval, in the 1559–1605 MHz band.
(d) As of January 1, 2005, the e.i.r.p. density of emissions from mobile
earth stations placed in service on or before July 21, 2002 with assigned
uplink frequencies between 1610 MHz and 1660.5 MHz (except Standard A and B
Inmarsat terminals used as Global Maritime Distress and Safety System ship
earth stations) shall not exceed −70dBW/MHz, averaged over any 2 millisecond
active transmission interval, in the 1559–1605 MHz band. The e.i.r.p. of
discrete emissions of less than 700 Hz bandwidth from such stations shall
not exceed −80 dBW, averaged over any 2 millisecond active transmission
interval, in the 1559–1605 MHz band. Standard A Inmarsat terminals used as
Global Maritime Distress and Safety System ship earth stations that do not
meet the e.i.r.p. density limits specified in this paragraph may continue
operation until December 31, 2007. Inmarsat-B terminals manufactured more
than six months afterFederal Registerpublication of the rule changes adopted
in FCC 03–283 must meet these limits. Inmarsat B terminals manufactured
before then are temporarily grandfathered under the condition that no
interference is caused by these terminals to aeronautical satellite
radio-navigation systems. The full-compliance deadline for grandfathered
Inmarsat-B terminals is December 31, 2012.
(e) The e.i.r.p density of emissions from mobile earth stations with
assigned uplink frequencies between 1990 MHz and 2025 MHz shall not exceed
−70 dBW/MHz, averaged over any 2 millisecond active transmission interval,
in frequencies between 1559 MHz and 1610 MHz. The e.i.r.p. of discrete
emissions of less than 700 Hz bandwidth from such stations between 1559 MHz
and 1605 MHz shall not exceed −80 dBW, averaged over any 2 millisecond
active transmission interval. The e.i.r.p. of discrete emissions of less
than 700 Hz bandwidth from such stations between 1605 MHz and 1610 MHz
manufactured more than six months afterFederal Registerpublication of the
rule changes adopted in FCC 03–283 shall not exceed −80 dBW, averaged over
any 2 millisecond active transmission interval.
(f) Mobile earth stations placed in service after July 21, 2002 with
assigned uplink frequencies in the 1610–1660.5 MHz band shall suppress the
power density of emissions in the 1605–1610 MHz band to an extent determined
by linear interpolation from −70 dBW/MHz at 1605 MHz to −10 dBW/MHz at 1610
MHz.
(g) Mobile earth stations manufactured more than six months afterFederal
Registerpublication of the rule changes adopted in FCC 03–283 with assigned
uplink frequencies in the 1610–1626.5 MHz band shall suppress the power
density of emissions in the 1605–1610 MHz band-segment to an extent
determined by linear interpolation from −70 dBW/MHz at 1605 MHz to −10
dBW/MHz at 1610 MHz averaged over any 2 millisecond active transmission
interval. The e.i.r.p of discrete emissions of less than 700 Hz bandwidth
from such stations shall not exceed a level determined by linear
interpolation from −80 dBW at 1605 MHz to −20 dBW at 1610 MHz, averaged over
any 2 millisecond active transmission interval.
(h) Mobile earth stations manufactured more than six months afterFederal
Registerpublication of the rule changes adopted in FCC 03–283 with assigned
uplink frequencies in the 1626.5–1660.5 MHz band shall suppress the power
density of emissions in the 1605–1610 MHz band-segment to an extent
determined by linear interpolation from −70 dBW/MHz at 1605 MHz to −46
dBW/MHz at 1610 MHz, averaged over any 2 millisecond active transmission
interval. The e.i.r.p of discrete emissions of less than 700 Hz bandwidth
from such stations shall not exceed a level determined by linear
interpolation from −80 dBW at 1605 MHz to −56 dBW at 1610 MHz, averaged over
any 2 millisecond active transmission interval.
(i) The e.i.r.p density of carrier-off state emissions from mobile earth
stations manufactured more than six months afterFederal Registerpublication
of the rule changes adopted in FCC 03–283 with assigned uplink frequencies
between 1 and 3 GHz shall not exceed -80 dBW/MHz in the 1559–1610 MHz band
averaged over any two millisecond interval.
(j) A Root-Mean-Square detector shall be used for all power density
measurements.
[ 69 FR 5710 , Feb. 6, 2004, as amended at 70 FR 19318 , Apr. 13, 2005]
§ 25.217 Default service rules.
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(a) The technical rules in this section apply only to licenses to operate a
satellite system in a frequency band granted after a domestic frequency
allocation has been adopted for that frequency band, but before any
frequency-band-specific service rules have been adopted for that frequency
band.
(b)(1) For all NGSO-like satellite licenses for which the application was
filed pursuant to the procedures set forth in §25.157 after August 27, 2003,
authorizing operations in a frequency band for which the Commission has not
adopted frequency band-specific service rules at the time the license is
granted, the licensee will be required to comply with the following
technical requirements, notwithstanding the frequency bands specified in
these rule provisions: §§25.142(d), 25.143(b)(2)(ii), 25.143(b)(2)(iii),
25.204(g), 25.210(c), 25.210(d), 25.210(f), 25.210(i), 25.210(k), and
25.210(l).
(2) In addition to the requirements set forth in paragraph (b)(1) of this
section, the Commission will coordinate with the National Telecommunications
and Information Administration (NTIA) regarding the operations of any
licensees authorized to operate in a shared government/non-government
frequency band, pursuant to the procedure set forth in §25.142(b)(2)(ii).
(3) Earth station licensees authorized to operate with one or more space
stations described in paragraph (b)(1) of this section shall comply with the
requirements in §25.136. In addition, earth station licensees authorized to
operate with one or more space stations described in paragraph (b)(1) of
this section in frequency bands shared with terrestrial wireless services
shall comply with the requirements in §25.203(c).
(c)(1) For all GSO-like satellite licenses for which the application was
filed pursuant to the procedures set forth in §25.158 after August 27, 2003,
authorizing operations in a frequency band for which the Commission has not
adopted frequency band-specific service rules at the time the license is
granted, the licensee will be required to comply with the following
technical requirements, notwithstanding the frequency bands specified in
these rule provisions: §§25.142(d), 25.143(b)(2)(iv), 25.204(g), 25.210(c),
25.210(d), 25.210(f), 25.210(i), 25.210(j), 25.210(k), and 25.210(l).
(2) In addition to the requirements set forth in paragraph (c)(1) of this
section, the Commission will coordinate with the National Telecommunications
and Information Administration (NTIA) regarding the operations of any
licensees authorized to operate in a shared government/non-government
frequency band, pursuant to the procedure set forth in §25.142(b)(2)(ii).
(3) Earth station licensees authorized to operate with one or more space
stations described in paragraph (c)(1) of this section shall comply with the
earth station antenna performance verification requirements in §25.132, and
the antenna gain pattern requirements in §§25.209(a) and (b). In addition,
earth station licensees authorized to operate with one or more space
stations described in paragraph (c)(1) of this paragraph in frequency bands
shared with terrestrial wireless services shall comply with the requirements
in §25.203(c).
(4) In addition to the requirements set forth in paragraph (c)(3) of this
section, earth station licensees with a gain equivalent or higher than the
gain of a 1.2 meter antenna operating in the 14.0–14.5 GHz band, authorized
to operate with one or more space stations described in paragraph (c)(1) of
this paragraph in frequency bands greater than 14.5 GHz shall be required to
comply with the antenna input power density requirements set forth in
§25.212(c).
(d) [Reserved]
(e) In the event that the Commission adopts frequency band-specific service
rules for a particular frequency band after it has granted one or more space
station or earth station licenses for operations in that frequency band,
those licensees will be required to come into compliance with the frequency
band-specific service rules within 30 days of the effective date of those
rules, unless otherwise specified by either Commission or Bureau Order.
[ 68 FR 51508 , Aug. 27, 2003, as amended at 70 FR 59277 , Oct. 12, 2005]
§§ 25.218-25.219 [Reserved]
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§ 25.220 Non-conforming transmit/receive earth station operations.
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(a)(1) This section applies to earth station applications other than ESV and
17/24 GHz BSS feeder link applications in which:
(i) The proposed antenna does not conform to the standards of §§25.209(a)
and
(b), and/or
(ii) The proposed power density levels are in excess of those specified in
§25.134, §25.211, or §25.212, or those derived by the procedure set forth in
paragraph (c)(1) of this section, whichever is applicable.
(2) Paragraphs (b) through (e) and (g) of this section apply to the earth
station applications described in paragraph (a)(1) of this section, in which
the applicant seeks transmit/receive authority.
(3) Paragraphs (f) and (g) of this section applies to the earth station
applications described in paragraph (a)(1) of this section in which the
applicant seeks transmit-only or receive-only authority.
(4) The requirements for petitions to deny applications filed pursuant to
this section are set forth in §25.154.
(b) If an antenna proposed for use by the applicant does not comply with the
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).
(c) If an antenna proposed for use by the applicant does not comply with the
performance standards contained in §25.209(a) and (b), the applicant must
meet the requirements of either paragraph (c)(1) or (c)(2) of this section
to obtain authority to transmit. The applicant must meet the requirements of
paragraph (c)(3) of this section to obtain protection from receiving
interference from adjacent satellite operators.
(1) The applicant must provide in its Form 312, Schedule B, the power and
power density levels that result by reducing the values stated in §§25.134,
25.211, or 25.212, whichever is applicable, by the number of decibels that
the non-compliant antenna fails to meet the antenna performance standard of
§25.209(a) and (b), or
(2) The applicant will not be permitted to transmit to any satellite unless
the applicant has provided the certifications listed in paragraph (e)(1) of
this section from the operator of that satellite(s).
(3) The applicant will not receive protection from adjacent satellite
interference from any satellite unless the applicant has provided the
certifications listed in paragraph (d)(1) of this section from the operator
of that satellite(s) from which it plans to receive.
(d)(1) If an antenna proposed for use by the applicant does not comply with
the performance standards contained in §25.209(a) and (b), the applicant
must submit the certifications listed in paragraphs (d)(1)(i) through
(d)(1)(iv) of this section to qualify for protection from receiving
interference from other satellite systems. The applicant will be granted
protection from receiving interference only with respect to the satellite
systems included in the coordination agreements referred to in the
certification required by paragraph (d)(1)(ii) of this section, and only to
the extent that protection from receiving interference is afforded by those
coordination agreements.
(i) A statement from the satellite operator acknowledging that the proposed
operation of the subject non-conforming earth station with its satellite(s)
has the potential to receive interference from adjacent satellite networks
that may be unacceptable.
(ii) A statement from the satellite operator that it has coordinated the
operation of the subject non-conforming earth station accessing its
satellite(s), including its required downlink power density based on the
information contained in the application, with all adjacent satellite
networks within 6° of orbital separation from its satellite(s), and the
operations will operate in conformance with existing coordination agreement
for its satellite(s) with other satellite systems.
(iii) A statement from the satellite operator that it will include the
subject non-conforming earth station operations in all future satellite
network coordinations, and
(iv) A statement from the earth station applicant certifying that it will
comply with all coordination agreements reached by the satellite
operator(s).
(2) A license granted pursuant to paragraph (d)(1) of this section will
include, as a condition on that license, that if a good faith agreement
cannot be reached between the satellite operator and the operator of a
future 2° compliant satellite, the earth station operator shall accept the
power density levels that would accommodate the 2° compliant satellite.
(e)(1) An earth station applicant proposing to use transmitted satellite
carrier EIRP densities, and/or maximum power into the antenna in excess of
the levels in §§25.134, 25.211, 25.212, or the power density levels derived
through the procedure set forth in paragraph (c)(1) of this section,
whichever is applicable, shall provide the following certifications as an
exhibit to its earth station application:
(i) A statement from the specified satellite operator acknowledging that the
proposed operation of the subject non-conforming earth station with its
satellite(s) has the potential to create interference to adjacent satellite
networks that may be unacceptable.
(ii) A statement from the specified satellite operator that it has
coordinated the operation of the subject non-conforming Earth Station
accessing its satellite(s), and its corresponding downlink power density
requirements (based on the information contained in the application) with
all adjacent satellite networks within 6° of orbital separation from its
satellite(s), and the operations will not violate any existing coordination
agreement for its satellite(s) with other satellite systems.
(iii) A statement from the specified satellite operator that it will include
the subject non-conforming Earth Station power and power densities in all
future satellite network coordinations, and
(iv) A statement from the earth station applicant certifying that it will
comply with all coordination agreements reached by the satellite
operator(s).
(2) A license granted pursuant to paragraph (e)(1) of this section will
include, as a condition on that license, that if a good faith agreement
cannot be reached between the satellite operator and the operator of a
future 2° compliant satellite, the earth station operator shall reduce its
power to those levels that would accommodate the 2° compliant satellite.
(f)(1) If an earth station applicant requests transmit-only authority, and
its proposed antenna does not conform to the standards of §25.209(a) and
(b), it must meet the requirements of paragraphs (b) and (c) of this
section.
(2) If an earth station applicant requests transmit-only authority, and its
proposed power density levels are in excess of those specified in §§25.134,
25.211, or 25.212, or those derived by the procedure set forth in paragraph
(c)(1) of this section, it must meet the requirements of paragraph (e) of
this section.
(3) If an earth station applicant requests receive-only authority, and its
proposed antenna does not conform to the standards of §25.209(a) and (b), it
must meet the requirements of paragraphs (b) and (d) of this section.
(g) Applicants filing applications for earth stations pursuant to this
section must provide the following information for the Commission's public
notice:
(1) Detailed description of the service to be provided, including frequency
bands and satellites to be used. The applicant must identify either the
specific satellites with which it plans to operate, or the eastern and
western boundaries of the geostationary satellite orbit arc it plans to
coordinate.
(2) The diameter or equivalent diameter of the antenna.
(3) Proposed power and power density levels.
(4) Identification of any rule or rules for which a waiver is requested.
[ 70 FR 32256 , June 2, 2005, as amended at 72 FR 50030 , Aug. 29, 2007]
§ 25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESVs)
receiving in the 3700–4200 MHz (space-to-Earth) frequency band and transmitting
in the 5925–6425 MHz (Earth-to-space) frequency band, operating with
Geostationary Satellites in the Fixed-Satellite Service.
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(a) All applications for licenses for ESVs transmitting in the 5925–6425 MHz
(Earth-to-space) bands to geostationary-orbit satellites in the
fixed-satellite service shall provide sufficient data to demonstrate that
the ESV operations meet the following criteria, which are ongoing
requirements that govern all ESV licensees and operations in these bands:
(1) The off-axis EIRP spectral density for co-polarized signals, emitted
from the ESV, in the plane of the geostationary satellite orbit as it
appears at the particular earth station location ( i.e. , the plane
determined by the focal point of the antenna and the line tangent to the arc
of the geostationary satellite orbit at the position of the target
satellite), shall not exceed the following values:
26.3 − 25log(Θ) − 10log(N) dBW/4kHz for 1.0° ≤ Θ ≤ 7.0°
5.3 − 10log(N)dBW/4kHz for 7.0° < Θ ≤ 9.2°
29.3 − 25log(Θ) − 10log(N) dBW/4kHz for 9.2° < Θ ≤ 48°
−12.7 − 10log(N) dBW/4kHz for 48° < Θ ≤ 180°
where Θ is the angle in degrees from the axis of the main lobe. For an ESV
network using frequency division multiple access (FDMA) or time division
multiple access (TDMA) technique, N is equal to one. For an ESV network
using code division multiple access (CDMA) technique, N is the maximum
number of co-frequency simultaneously transmitting earth stations in the
same satellite receiving beam.
(2) In all other directions, the off-axis EIRP spectral density for
co-polarized signals emitted from the ESV shall not exceed the following
values:
29.3 − 25log(Θ) − 10log(N) dBW/4kHz for 1.0° ≤ Θ ≤ 48°
−12.7 − 10log(N) dBW/4kHz for 48° < Θ ≤ 180°
where Θ and N are defined as set forth in paragraph (a)(1) of this section.
(3) For Θ > 7°, the values given in paragraphs (a)(1) of this Section may be
exceeded by no more than 10% of the earth station antenna sidelobes,
provided no individual sidelobe exceeds the criteria given by more than 3
dB.
(4) In all directions, the off-axis EIRP spectral density for
cross-polarized signals emitted from the ESV shall not exceed the following
values:
16.3 − 25log(Θ) − 10log(N) dBW/4kHz for 1.8° ≤ Θ ≤ 7.0°
−4.7 − 10log(N) dBW/4kHz for 7.0° < Θ ≤ 9.2°
where Θ and N are defined as set forth in paragraph (a)(1) of this section.
(5) For non-circular ESV antennas, the major axis of the antenna will be
aligned with the tangent to the geostationary satellite orbital arc at the
target satellite point, to the extent required to meet specified off-axis
e.i.r.p. criteria.
(6) A pointing error of less than 0.2°, between the orbital location of the
target satellite and the axis of the main lobe of the ESV antenna.
(7) All emissions from the ESV shall automatically cease within 100
milliseconds if the angle between the orbital location of the target
satellite and the axis of the main lobe of the ESV antenna exceeds 0.5°, and
transmission will not resume until such angle is less than 0.2°.
(8) There shall be a point of contact in the United States, with phone
number and address included with the application, available 24 hours a day,
seven days a week, with authority and ability to cease all emissions from
the ESVs, either directly or through the facilities of a U.S. Hub or a Hub
located in another country with which the U.S. has a bilateral agreement
that enables such cessation of emissions.
(9) ESVs that exceed the radiation guidelines of Section 1.1310
Radiofrequency radiation exposure limits must provide, with their
environmental assessment, a plan for mitigation of radiation exposure to the
extent required to meet those guidelines.
(10) ESV operators transmitting in the 5925–6425 MHz (Earth-to-space)
frequency bands to geostationary satellites in the fixed-satellite service
(FSS) shall not seek to coordinate, in any geographic location, more than 36
MHz of uplink bandwidth on each of no more than two GSO FSS satellites.
(11) There shall be an exhibit included with the application describing the
geographic area(s) in which the ESVs will operate.
(12) ESVs shall not operate in the 5925–6425 MHz (Earth-to-space) and
3700–4200 MHz (space-to-Earth) frequency bands on vessels smaller than 300
gross tons.
(b) Applications for ESV operation in the 5925–6425 MHz band to
geostationary satellites in the fixed-satellite service must include, in
addition to the particulars of operation identified on Form 312, and
associated Schedule B, the following data, for each earth station antenna
type:
(1) A series of e.i.r.p. density charts or tables, calculated for a
production earth station antenna, based on measurements taken on a
calibrated antenna range at 6.0 GHz, with the off-axis e.i.r.p. envelope set
forth in paragraphs (a)(1) through (a)(4) of this section superimposed, as
follows:
(i) Showing off-axis co-polarized e.i.r.p. spectral density in the azimuth
plane, for off-axis angles from minus 10° to plus 10° and from minus 180° to
plus 180°.
(ii) Showing off-axis co-polarized e.i.r.p. spectral density in the
elevation plane, at off-axis angles from 0° to plus 30°.
(iii) Showing off-axis cross-polarized e.i.r.p. spectral density in the
azimuth plane, at off-axis angles from minus 10° to plus 10°.
(iv) Showing off-axis cross-polarized e.i.r.p. spectral density in the
elevation plane, at off-axis angles from minus 10° to plus 10°; or
(2) A series of gain charts or tables, for a production earth station
antenna, measured on a calibrated antenna range at 6.0 GHz, with the Earth
station antenna gain envelope set forth in §25.209(a) and (b) superimposed,
for the same planes and ranges enumerated in paragraphs (b)(1)(i) through
(b)(1)(iv) of this section, that, combined with input power density entered
in Schedule B, demonstrates that the off-axis e.i.r.p. spectral density
envelope set forth in paragraphs (a)(1) through (a)(4) of this section will
be met; or
(3) A certification that the antenna conforms to the gain pattern criteria
of §25.209(a) and (b), that, combined with input power density entered in
Schedule B, demonstrates that the off-axis e.i.r.p. spectral density
envelope set forth in paragraphs (a)(1) through (a)(4) of this section will
be met.
(c) ESVs receiving and transmitting in the 3700–4200 MHz (space-to-Earth)
and 5925–6425 MHz (Earth-to-space) frequency bands shall operate with the
following provisions:
(1) For each ESV transmitter, a record of the ship location ( i.e. ,
latitude/longitude), transmit frequency, channel bandwidth and satellite
used shall be time annotated and maintained for a period of not less than 1
year. Records will be recorded at time intervals no greater than every 20
minutes while the ESV is transmitting. The ESV operator will make this data
available upon request to a coordinator, fixed system operator,
fixed-satellite system operator, or the Commission within 24 hours of the
request.
(2) ESV operators communicating with vessels of foreign registry must
maintain detailed information on each vessel's country of registry and a
point of contact for the relevant administration responsible for licensing
ESVs.
(3) ESV operators shall control all ESVs by a Hub earth station located in
the United States, except that an ESV on U.S.-registered vessels may operate
under control of a Hub earth station location outside the United States
provided the ESV operator maintains a point of contact within the United
States that will have the capability and authority to cause an ESV on a
U.S.-registered vessel to cease transmitting if necessary.
(4) ESVs, operating while docked, that complete coordination with
terrestrial stations in the 3700–4200 MHz band in accordance with §25.251,
shall receive protection from such terrestrial stations in accordance with
the coordination agreements, for 180 days, renewable for 180 days.
(d) ESVs in motion shall not claim protection from harmful interference from
any authorized terrestrial stations or lawfully operating satellites to
which frequencies are either already assigned, or may be assigned in the
future in the 3700–4200 MHz (space-to-Earth) frequency band.
(e) ESVs operating in the 5925–6425 MHz (Earth-to-space) band, within 200 km
from the baseline of the United States, or within 200 km from a fixed
service offshore installation, shall complete coordination prior to
operation. The coordination method and the interference criteria objective
shall be determined by the frequency coordinator. The details of the
coordination shall be maintained and available at the frequency coordinator,
and shall be filed with the Commission to be placed on Public Notice.
Operation of each individual ESV may commence immediately after the Public
Notice is released that identifies the notification sent to the Commission.
Continuance of operation of that ESV for the duration of the coordination
term shall be dependent upon successful completion of the normal public
notice process. If any objections are received to the coordination prior to
the end of the 30-day comment period of the Public Notice, the licensee
shall immediately cease operation of that particular station until the
coordination dispute is resolved and the ESV licensee informs the Commission
of the resolution.
(f) ESV operators must automatically cease transmission if the ESV operates
in violation of the terms of its coordination, including, but not limited
to, conditions related to speed of the vessel or if the ESV travels outside
the coordinated area, if within 200 km from the baseline of the United
States, or within 200 km from a fixed service offshore installation.
Transmissions may be controlled by the ESV network. The frequency
coordinator may decide whether ESV operators should automatically cease
transmissions if the vessel falls below a prescribed speed within a
prescribed geographic area.
[ 70 FR 4784 , Jan. 31, 2005, as amended at 70 FR 33377 , June 8, 2005]
§ 25.222 Blanket Licensing provisions for Earth Stations on Vessels (ESVs)
receiving in the 10.95–11.2 GHz (space-to-Earth), 11.45–11.7 GHz
(space-to-Earth), 11.7–12.2 GHz (space-to-Earth) frequency bands and
transmitting in the 14.0–14.5 GHz (Earth-to-space) frequency band, operating
with Geostationary Satellites in the Fixed-Satellite Service.
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(a) All applications for licenses for ESVs receiving in the 10.95–11.2 GHz
(space-to-Earth), 11.45–11.7 GHz (space-to-Earth), 11.7–12.2 GHz
(space-to-Earth) frequency bands, and transmitting in the 14.0–14.5 GHz
(Earth-to-space) frequency band, to Geostationary Satellites in the
fixed-satellite service shall provide sufficient data to demonstrate that
the ESV operations meet the following criteria, which are ongoing
requirements that govern all ESV licensees and operations in these bands:
(1) The off-axis EIRP spectral density for co-polarized signals, emitted
from the ESV in the plane of the geostationary satellite orbit as it appears
at the particular earth station location ( i.e. , the plane determined by
the focal point of the antenna and the line tangent to the arc of the
geostationary satellite orbit at the position of the target satellite),
shall not exceed the following values:
15 − 25log(Θ) − 10log(N) dBW/4kHz for 1.25° ≤ Θ ≤ 7.0°
−6 − 10 log(N) dBW/4kHz for 7.0° < Θ ≤ 9.2°
18 − 25log(Θ) − 10log(N) dBW/4kHz for 9.2° < Θ ≤ 48°
−24 − 10log(N) dBW/4kHz for 48° < Θ ≤ 180°
where Θ is the angle in degrees from the axis of the main lobe. For an ESV
network using frequency division multiple access (FDMA) or time division
multiple access (TDMA) technique, N is equal to one. For an ESV network
using code division multiple access (CDMA) technique, N is the maximum
number of co-frequency simultaneously transmitting earth stations in the
same satellite receiving beam.
(2) In all other directions, the off-axis EIRP spectral density for
co-polarized signals emitted from the ESV shall not exceed the following
values:
18 − 25log(Θ) − 10log(N) dBW/4kHz for 1.25° ≤ Θ ≤ 48°
−24 − 10log(N) dBW/4kHz for 48° < Θ ≤ 180°
where Θ and N are defined as set forth in paragraph (a)(1) of this section.
(3) For Θ>7°, the values given in paragraphs (a)(1) of this section may be
exceeded by no more than 10% of the sidelobes, provided no individual
sidelobe exceeds the criteria given by more than 3 dB.
(4) In all directions, the off-axis EIRP spectral density for
cross-polarized signals emitted from the ESV shall not exceed the following
values:
5 − 25log(Θ) − 10log(N) dBW/4kHz for 1.8° ≤ Θ ≤ 7°
−16 − 10log(N) dBW/4kHz for 7° ≤ Θ ≤ 9.2°
where Θ and N are defined as set forth in paragraph (a)(1) of this section.
(5) For non-circular ESV antennas, the major axis of the antenna will be
aligned with the tangent to the geostationary satellite orbital arc at the
target satellite point, to the extent required to meet specified off-axis
e.i.r.p. criteria.
(6) A pointing error of less than 0.2°, between the orbital location of the
target satellite and the axis of the main lobe of the ESV antenna.
(7) All emissions from the ESV shall automatically cease within 100
milliseconds if the angle between the orbital location of the target
satellite and the axis of the main lobe of the ESV antenna exceeds 0.5°, and
transmission will not resume until such angle is less than 0.2°.
(8) There shall be a point of contact in the United States, with phone
number and address included with the application, available 24 hours a day,
seven days a week, with authority and ability to cease all emissions from
the ESVs, either directly or through the facilities of a U.S. Hub or a Hub
located in another country with which the U.S. has a bilateral agreement
that enables such cessation of emissions.
(9) ESVs that exceed the radiation guidelines of §1.1310 of this chapter,
Radiofrequency radiation exposure limits, must provide, with their
environmental assessment, a plan for mitigation of radiation exposure to the
extent required to meet those guidelines.
(10) There shall be an exhibit included with the application describing the
geographic area(s) in which the ESVs will operate.
(b) Applications for ESV operation in the 14.0–14.5 GHz (Earth-to-space) to
geostationary satellites in the fixed-satellite service must include, in
addition to the particulars of operation identified on Form 312 and
associated Schedule B, the following data for each earth station antenna
type:
(1) A series of e.i.r.p. density charts or tables, calculated for a
production earth station antenna, based on measurements taken on a
calibrated antenna range at 14.25 GHz, with the off-axis e.i.r.p. envelope
set forth in paragraphs (a)(1) through (a)(4) of this section superimposed,
as follows:
(i) Showing off-axis co-polarized e.i.r.p. spectral density in the azimuth
plane, for off-axis angles from minus 10° to plus 10° and from minus 180° to
plus 180°.
(ii) Showing off-axis co-polarized e.i.r.p. spectral density in the
elevation plane, at off-axis angles from 0° to plus 30°.
(iii) Showing off-axis cross-polarized e.i.r.p. spectral density in the
azimuth plane, at off-axis angles from minus 10° to plus 10°.
(iv) Showing off-axis cross-polarized e.i.r.p. spectral density in the
elevation plane, at off-axis angles from minus 10° to plus 10°; or
(2) A series of gain charts or tables, for a production earth station
antenna, measured on a calibrated antenna range at 14.25 GHz, with the Earth
station antenna gain envelope set forth in §25.209(a) and (b) superimposed,
for the same planes and ranges enumerated in paragraphs (b)(1)(i) through
(b)(1)(iv) of this section, that, combined with input power density entered
in Schedule B, demonstrates that off-axis e.i.r.p. spectral density envelope
set forth in paragraphs (a)(1) through (a)(4) of this section will be met;
or
(3) A certification that the ESV antenna conforms to the gain pattern
criteria of §25.209(a) and (b), that, combined with input power density
entered in Schedule B, demonstrates that the off-axis e.i.r.p. spectral
density envelope set forth in paragraphs (a)(1) through (a)(4) of this
section will be met.
(c) ESVs receiving in the 10.95–11.2 GHz (space-to-Earth), 11.45–11.7 GHz
(space-to-Earth), 11.7–12.2 GHz (space-to-Earth) frequency bands, and
transmitting in the 14.0–14.5 GHz (Earth-to-space) frequency band shall
operate with the following provisions:
(1) For each ESV transmitter a record of the ship location ( i.e. ,
latitude/longitude), transmit frequency, channel bandwidth and satellite
used shall be time annotated and maintained for a period of not less than 1
year. Records will be recorded at time intervals no greater than every 20
minutes while the ESV is transmitting. The ESV operator will make this data
available upon request to a coordinator, fixed system operator,
fixed-satellite system operator, NTIA, or the Commission within 24 hours of
the request.
(2) ESV operators communicating with vessels of foreign registry must
maintain detailed information on each vessel's country of registry and a
point of contact for the relevant administration responsible for licensing
ESVs.
(3) ESV operators shall control all ESVs by a Hub earth station located in
the United States, except that an ESV on U.S.-registered vessels may operate
under control of a Hub earth station location outside the United States
provided the ESV operator maintains a point of contact within the United
States that will have the capability and authority to cause an ESV on a
U.S.-registered vessel to cease transmitting if necessary.
(d) Operations of ESVs in the 14.0–14.2 GHz (Earth-to-space) frequency band
within 125 km of the NASA TDRSS facilities on Guam (located at latitude:
13° 36' 55" N, longitude 144° 51' 22" E) or White Sands, New Mexico
(latitude: 32° 20' 59" N, longitude 106° 36' 31" W and latitude: 32° 32' 40"
N, longitude 106° 36' 48" W) are subject to coordination through the
National Telecommunications and Information Administration (NTIA)
Interdepartment Radio Advisory Committee (IRAC). When NTIA seeks to provide
similar protection to future TDRSS sites that have been coordinated through
the IRAC Frequency Assignment Subcommittee process, NTIA will notify the
Commission that the site is nearing operational status. Upon public notice
from the Commission, all Ku-band ESV operators must cease operations in the
14.0–14.2 GHz band within 125 km of the new TDRSS site until after NTIA/IRAC
coordination for the new TDRSS facility is complete. ESV operations will
then again be permitted to operate in the 14.0–14.2 GHz band within 125 km
of the new TDRSS site, subject to any operational constraints developed in
the coordination process.
(e) Operations of ESVs in the 14.47–14.5 GHz (Earth-to-space) frequency band
within a) 45 km of the radio observatory on St. Croix, Virgin Islands
(latitude 17° 46' N, longitude 64° 35' W); b) 125 km of the radio
observatory on Mauna Kea, Hawaii (at latitude 19° 48' N, longitude 155° 28'
W); and c) 90 km of the Arecibo Observatory on Puerto Rico (latitude 18° 20'
46" W, longitude 66° 45' 11" N) are subject to coordination through the
National Telecommunications and Information Administration (NTIA)
Interdepartment Radio Advisory Committee (IRAC).
(f) In the 10.95–11.2 GHz (space-to-Earth) and 11.45–11.7 GHz
(space-to-Earth) frequency bands ESVs shall not claim protection from
interference from any authorized terrestrial stations to which frequencies
are either already assigned, or may be assigned in the future.
[ 70 FR 4786 , Jan. 31, 2005, as amended at 70 FR 33377 , June 8, 2005]
§ 25.223 Off-axis EIRP spectral density limits for feeder link earth stations
in the 17/24 GHz BSS.
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(a) This section applies to all applications for earth station licenses in
the 17/24 GHz BSS frequency bands, except for applications in which the
proposed antenna does not conform to the standards of §§25.209(a) and (b),
and/or the proposed power density levels are in excess of those specified in
§25.212(f) of this part.
(b) All applications for earth station licenses in the 24.75–25.25 GHz
portion of 17/24 GHz BSS shall be routinely processed if they meet the
following requirements:
(1) 17/24 GHz BSS earth station antenna off-axis EIRP spectral density for
co-polarized signals shall not exceed the following values, within ±3° of
the GSO arc, under clear sky conditions:
32.5–25log(Θ) dBW/MHz for 2° ≤ Θ ≤ 7°
11.4 dBW/MHz for 7° ≤ Θ ≤ 9.2°
35.5–25log(Θ) dBW/MHz for 9.2° ≤ Θ ≤ 48°
3.5 dBW/MHz for 48° ≤ Θ ≤ 180°
Where Θ is the angle in degrees from the axis of the main lobe.
(2) 17/24 GHz BSS earth station antenna off-axis EIRP spectral density for
co-polarized signals shall not exceed the following values, for all
directions other than within ±3° of the GSO arc, under clear sky conditions:
35.5–25log(Θ) dBW/MHz for 2° ≤ Θ ≤ 7°
14.4 dBW/MHz for 7° ≤ Θ ≤ 9.2°
38.5–25log(Θ) dBW/MHz for 9.2° ≤ Θ ≤ 48°
6.5 dBW/MHz for 48° ≤ Θ ≤ 180°
Where Θ is the angle in degrees from the axis of the main lobe.
(3) The values given in paragraphs (b) (1) and (2) of this section may be
exceeded by 3 dB, for values of Θ > 10°, provided that the total angular
range over which this occurs does not exceed 20° when measured along both
sides of the GSO arc.
(4) 17/24 GHz BSS earth station antenna off-axis EIRP spectral density for
cross-polarized signals shall not exceed the following values, in all
directions greater than +3 relative to the GSO arc, under clear sky
conditions:
22.5–25log(Θ) dBW/MHz for 2° ≤ Θ ≤ 7°
1.4 dBW/MHz for 7° ≤ Θ ≤ 9.2°
Where is the angle in degrees from the axis of the main lobe.
(c) Notwithstanding §25.220 of this part, each applicant for earth station
license(s) that proposes levels in excess of those defined in paragraph (b)
of this section shall:
(1) Submit link budget analyses of the operations proposed along with a
detailed written explanation of how each uplink and each transmitted
satellite carrier density figure is derived;
(2) Submit a narrative summary which must indicate whether there are margin
shortfalls in any of the current baseline services as a result of the
addition of the applicant's higher power service, and if so, how the
applicant intends to resolve those margin short falls;
(3) Certify that all potentially affected parties acknowledge and do not
object to the use of the applicant's higher power densities. For proposed
power levels less than or equal to 3 dB in excess of the limits defined
above, the affected parties shall be those co-frequency U.S. licensed 17/24
GHz BSS satellite networks that are located at angular separations of up to
±6° away; for power levels greater than 3 dB and less than or equal to 6 dB
in excess of the limits defined above, affected parties shall be all those
co-frequency U.S. licensed operators at up to ±10° away. No power levels
greater than 6 dB in excess of the limits defined above shall be permitted.
(d) Licensees authorized pursuant to paragraph (c) of this section shall
bear the burden of coordinating with any future applicants or licensees
whose proposed compliant operations at 10 degrees or smaller orbital
spacing, as defined by paragraph (b) of this section, is potentially or
actually adversely affected by the operation of the non-compliant licensee.
If no good faith agreement can be reached, however, the non-compliant
licensee shall reduce its earth station EIRP spectral density levels to be
compliant with those specified in paragraph (b) of this section.
(e) For earth stations employing uplink power control, the values in
paragraphs (b) (1), (2), and (4) of this section may be exceeded by up to 20
dB under conditions of uplink fading due to precipitation. The amount of
such increase in excess of the actual amount of monitored excess attenuation
over clear sky propagation conditions shall not exceed 1.5 dB or 15% of the
actual amount of monitored excess attenuation in dB, whichever is larger,
with a confidence level of 90 percent except over transient periods
accounting for no more than 0.5% of the time during which the excess is no
more than 4.0 dB.
[ 72 FR 50030 , Aug. 29, 2007]
§ 25.224 Protection of receive-only earth stations in the 17/24 GHz BSS.
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(a) Notwithstanding §25.209(c) of this part, receive-only earth stations
operating in the 17/24 GHz broadcasting-satellite service can claim no
greater protection from interference than they would receive if the
equivalent antenna diameter were equal to or greater than 45 cm and the
antenna meets the co-polar and cross-polar performance patterns represented
by the following set of formulas (adopted in Recommendation ITU–R BO.1213–1,
dated November 2005) that are valid for D/λ ≥ 11:
[er29au07.121.gif]
View or download PDF
(b) Paragraph (a) of this section does not apply to 17/24 GHz BSS telemetry
earth stations. Those earth stations are subject to the antenna performance
standards of §§25.209(a) and (b) of this part.
[ 72 FR 50031 , Aug. 29, 2007]
§ 25.225 Geographic Service Requirements for 17/24 GHz Broadcasting Satellite
Service.
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(a) Each operator of a 17/24 GHz BSS space station that is used to provide
video programming directly to consumers in the 48 contiguous United States
(CONUS) must provide comparable service to Alaska and Hawaii, unless such
service is not technically feasible or not economically reasonable from the
authorized orbital location.
(b) Each operator of a 17/24 GHz BSS space station subject to paragraph (a)
of this section must design and configure its space station to be capable of
providing service to Alaska and Hawaii, that is comparable to the service
that such satellites will provide to CONUS subscribers, from any orbital
location capable of providing service to either Alaska or Hawaii to which it
may be located or relocated in the future.
(c) If an operator of a 17/24 GHz BSS space station that is used to provide
video programming directly to consumers in the United States relocates or
replaces a 17/24 GHz BSS space station at a location from which service to
Alaska and Hawaii had been provided by another 17/24 GHz BSS space station,
the operator must use a space station capable of providing at least the same
level of service to Alaska and Hawaii as previously provided from that
location.
[ 72 FR 50033 , Aug. 29, 2007]
§§ 25.226-25.249 [Reserved]
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§ 25.250 Sharing between NGSO MSS Feeder links Earth Stations in the
19.3–19.7 GHz and 29.1–29.5 GHz Bands.
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(a) NGSO MSS applicants shall be licensed to operate in the 29.1–29.5 GHz
band for Earth-to-space transmissions and 19.3–19.7 GHz for space-to-Earth
transmissions from feeder link earth station complexes. A “feeder link earth
station complex” may include up to three (3) earth station groups, with each
earth station group having up to four (4) antennas, located within a radius
of 75 km of a given set of geographic coordinates provided by NGSO-MSS
licensees or applicants.
(b) Licensees of NGSO MSS feeder link earth stations separated by 800 km or
less are required to coordinate their operations, see §25.203. The results
of the coordination shall be reported to the Commission.
[ 61 FR 44181 , Aug. 28, 1996]
§ 25.251 Special requirements for coordination.
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(a) The administrative aspects of the coordination process are set forth in
§101.103 of this chapter in the case of coordination of terrestrial stations
with earth stations, and in §25.203 in the case of coordination of earth
stations with terrestrial stations.
(b) The technical aspects of coordination are based on Appendix S7 of the
International Telecommunication Union Radio Regulations and certain
recommendations of the ITU Radiocommunication Sector (available at the FCC's
Reference Information Center, Room CY-A257, 445 12th Street, SW.,
Washington, DC 20554).
[ 66 FR 10630 , Feb. 16, 2001]
§ 25.252 Special requirements for ancillary terrestrial components operating
in the 2000–2020 MHz/2180–2200 MHz bands.
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(a) Applicants for an ancillary terrestrial component in these bands must
demonstrate that ATC base stations shall not:
(1) Exceed an EIRP of −100.6 dBW/4 kHz for out-of-channel emissions at the
edge of the MSS licensee's selected assignment.
(2) Exceed a peak EIRP of 27 dBW in 1.23 MHz.
(3) Exceed an EIRP toward the physical horizon (not to include man-made
structures) of 25.5 dBW in 1.23 MHz.
(4) Be located less than 190 meters from all airport runways and aircraft
stand areas, including takeoff and landing paths.
(5) Exceed an aggregate power flux density of −51.8 dBW/m^2 in a 1.23 MHz
bandwidth at all airport runways and aircraft stand areas, including takeoff
and landing paths and all ATC base station antennas shall have an overhead
gain suppression according to the following.
(6) Be located less than 820 meters from a U.S. Earth Station facility
operating in the 2200–2290 MHz band. In its MSS ATC application, the MSS
licensee should request a list of operational stations in the 2200–2290 MHz
band.
(7) Generate EIRP density, averaged over any two millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559–1610 MHz band.
The EIRP, measured over any two millisecond active transmission interval, of
discrete out-of-band emissions of less than 700 Hz bandwidth from such base
stations, shall not exceed -80 dBW in the 1559–1610 MHz band. A
root-mean-square detector function with a resolution bandwidth of one
megahertz or equivalent and no less video bandwidth shall be used to measure
wideband EIRP density for purposes of this rule, and narrowband EIRP shall
be measured with a root-mean-square detector function with a resolution
bandwidth of one kilohertz or equivalent.
(8) Use ATC base station antennas that have a gain greater than 17 dBi and
must have an overhead gain suppression according to the following:
Angle from direction of maximum gain, in vertical plane, above antenna
(degrees) Antenna discrimination pattern (dB)
0 Gmax
2 Not to Exceed Gmax −14
8 to 180 Not to Exceed Gmax −25
Where: Gmax is the maximum gain of the base station antenna in dBi.
(b) Applicants for an ancillary terrestrial component in these bands must
demonstrate that ATC mobile terminals shall:
(1) Observe a peak EIRP limit of 1.0 dBW in 1.23 MHz.
(2) Limit out-of-channel emissions at the edge of a MSS licensee's selected
assignment to an EIRP density of −67 dBW/4 kHz.
(3) Not generate EIRP density, averaged over any two-millisecond active
transmission interval, greater than -70 dBW/MHz in the 1559–1610 MHz band.
The EIRP, measured over any two-millisecond active transmission interval, of
discrete out-of-band emissions of less than 700 Hz bandwidth from such
mobile terminals shall not exceed -80 dBW in the 1559–1610 MHz band. The
EIRP density of carrier-off-state emissions from such mobile terminals shall
not exceed -80 dBW/MHz in the 1559–1610 MHz band, averaged over a
two-millisecond interval. A root-mean-square detector function with a
resolution bandwidth of one megahertz or equivalent and no less video
bandwidth shall be used to measure wideband EIRP density for purposes of
this rule, and narrowband EIRP shall be measured with a root-mean-square
detector function with a resolution bandwidth of one kilohertz or
equivalent.
(c) For ATC operations in the 2000–2020 MHz band, the power of any emission
outside the licensee's frequency band(s) of operation shall be attenuated
below the transmitter power (P) within the licensed band(s) of operation,
measured in watts, in accordance with the following:
(1) On any frequency within the 2000 to 2020 MHz band outside the licensee's
frequency band(s) of operations, emissions shall be attenuated by at least
43 + 10 log (P) dB.
(2) Emissions on frequencies lower than 1995 MHz and higher than 2025 MHz
shall be attenuated by at least 70 + 10 log P. Emissions in the bands
1995–2000 MHz and 2020–2025 MHz shall be attenuated by at least a value as
determined by linear interpolation from 70 + 10 log P at 1995 MHz or 2025
MHz, to 43 + 10 log P dB at the nearest MSS band edge at 2000 MHz or 2020
MHz respectively.
(3) When an emission outside of the authorized bandwidth causes harmful
interference, the Commission may, in its discretion, require greater
attenuation than specified in paragraphs (c)(1) and (2) of this section.
(4) Compliance with these provisions is based on the use of measurement
instrumentation employing a resolution bandwidth of 1 megahertz or greater.
Note to §25.252: The preceding rules of §25.252 are based on cdma2000 system
architecture. To the extent that a 2 GHz MSS licensee is able to demonstrate
that the use of a different system architecture would produce no greater
potential interference than that produced as a result of implementing the
rules of this section, an MSS licensee is permitted to apply for ATC
authorization based on another system architecture.
[ 68 FR 33651 , June 5, 2003, as amended at 70 FR 19318 , Apr. 13, 2005]
§ 25.253 Special requirements for ancillary terrestrial components operating
in the 1626.5–1660.5 MHz/1525–1559 MHz bands.
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(a) An ancillary terrestrial component in these bands shall:
(1) In any band segment coordinated for the exclusive use of an MSS
applicant within the land area of the U.S., where there is no other L-Band
MSS satellite making use of that band segment within the visible portion of
the geostationary arc as seen from the ATC coverage area, the ATC system
will be limited by the in-band and out-of-band emission limitations
contained in this section and the requirement to maintain a substantial MSS
service.
(2) In any band segment that is coordinated for the shared use of the
applicant's MSS system and another MSS operator, where the coordination
agreement existed prior to February 10, 2005 and permits a level of
interference to the other MSS system of less than 6% ΔT/T, the applicant's
combined ATC and MSS operations shall increase the system noise level of the
other MSS to no more then 6% ΔT/T. Any future coordination agreement between
the parties governing ATC operation will supersede this paragraph.
(3) In any band segment that is coordinated for the shared use of the
applicant's MSS system and another MSS operator, where a coordination
agreement existed prior to February 10, 2005 and permits a level of
interference to the other MSS system of 6% ΔT/T or greater, the applicant's
ATC operations may increase the system noise level of the other MSS system
by no more than an additional 1% ΔT/T. Any future coordination agreement
between the parties governing ATC operations will supersede this paragraph.
(4) In a band segment in which the applicant has no rights under a
coordination agreement, the applicant may not implement ATC in that band.
(b) ATC base stations shall not exceed an out-of-channel emissions
measurement of -57.9 dBW/MHz at the edge of a MSS licensee's authorized and
internationally coordinated MSS frequency assignment.
(c) An applicant for an ancillary terrestrial component in these bands
shall:
(1) Demonstrate, at the time of application, how its ATC network will comply
with the requirements of footnotes US308 and US315 to the table of frequency
allocations contained in §2.106 of this chapter regarding priority and
preemptive access to the L-band MSS spectrum by the aeronautical
mobile-satellite en-route service (AMS(R)S) and the global maritime distress
and safety system (GMDSS).
(2) Coordinate with the terrestrial CMRS operators prior to initiating ATC
transmissions when co-locating ATC base stations with terrestrial commercial
mobile radio service (CMRS) base stations that make use of Global
Positioning System (GPS) time-based receivers.
(3) Provide, at the time of application, calculations that demonstrate the
ATC system conforms to the ΔT/T requirements in paragraphs (a)(2) and (a)(3)
of this section, if a coordination agreement that incorporates the ATC
operations does not exist with other MSS operators.
(d) Applicants for an ancillary terrestrial component in these bands must
demonstrate that ATC base stations shall not:
(1) Exceed a peak EIRP of 31.9–10*log (number of carriers) dBW/200kHz, per
sector, for each carrier in the 1525–1541.5 MHz and 1547.5–1559 MHz
frequency bands;
(2) Exceed an EIRP in any direction toward the physical horizon (not to
include man-made structures) of 26.9–10*log (number of carriers) dBW/200
kHz, per sector, for each carrier in the 1525–1541.5 MHz and 1547.5–1559 MHz
frequency bands;
(3) Exceed a peak EIRP of 23.9 −10*log(number of carriers) dBW/200 kHz, per
sector, for each carrier in the 1541.5–1547.5 MHz frequency band;
(4) Exceed an EIRP toward the physical horizon (not to include man-made
structures) of 18.9–10*log(number of carriers) dBW/200 kHz, per sector, for
each carrier in the 1541.5–1547.5 MHz frequency band;
(5) Exceed a total power flux density level of −56.8 dBW/m^2 /200 kHz at the
edge of all airport runways and aircraft stand areas, including takeoff and
landing paths from all carriers operating in the 1525–1559 MHz frequency
bands. The total power flux density here is the sum of all power flux
density values associated with all carriers in a sector in the 1525–1559 MHz
frequency band, expressed in dB(Watts/m^2 /200 kHz). Free-space loss must be
assumed if this requirement is demonstrated via calculation;
(6) Exceed a total power flux density level of −56.6 dBW/ m^2 /200 kHz at
the water's edge of any navigable waterway from all carriers operating in
the 1525–1541.5 MHz and 1547.5–1559 MHz frequency bands. The total power
flux density here is the sum of all power flux density values associated
with all carriers in a sector in the 1525–1541.5 MHz and 1547.5–1559 MHz
frequency bands, expressed in dB(Watts/m^2 /200 kHz). Free-space loss must
be assumed if this requirement is demonstrated via calculation;
(7) Exceed a total power flux density level of −64.6 dBW/ m^2 /200 kHz at
the water's edge of any navigable waterway from all carriers operating in
the 1541.5–1547.5 MHz frequency band. The total power flux density here is
the sum of all power flux density values associated with all carriers in a
sector in the 1541.5–1547.5 MHz frequency band, expressed in dB(Watts/m^2
/200 kHz). Free-space loss must be assumed if this requirement is
demonstrated via calculation;
(8) Exceed a peak antenna gain of 16 dBi;
(9) Generate EIRP density, averaged over any two-millisecond active
transmission interval, greater than −70 dBW/MHz in the 1559–1605 MHz band or
greater than a level determined by linear interpolation in the 1605–1610 MHz
band, from −70 dBW/MHz at 1605 MHz to −46 dBW/MHz at 1610 MHz. The EIRP,
averaged over any two-millisecond active transmission interval, of discrete
out-of-band emissions of less than 700 Hz bandwidth from such base stations
shall not exceed −80 dBW in the 1559–1605 MHz band or exceed a level
determined by linear interpolation in the 1605–1610 MHz band, from −80 dBW
at 1605 MHz to −56 dBW at 1610 MHz. A root-mean-square detector function
with a resolution bandwidth of one megahertz or equivalent and no less video
bandwidth shall be used to measure wideband EIRP density for purposes of
this rule, and narrowband EIRP shall be measured with a root-mean-square
detector function with a resolution bandwidth of one kilohertz or
equivalent.
(e) Applicants for an ancillary terrestrial component in these bands must
demonstrate, at the time of the application, that ATC base stations shall
use left-hand-circular polarization antennas with a maximum gain of 16 dBi
and overhead gain suppression according 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 the base station antenna in dBi.
(f) Prior to operation, ancillary terrestrial component licensees shall:
(1) Provide the Commission with sufficient information to complete
coordination of ATC base stations with Search-and-Rescue Satellite-Aided
Tracking (SARSAT) earth stations operating in the 1544–1545 MHz band for any
ATC base station located either within 27 km of a SARSAT station, or within
radio horizon of the SARSAT station, whichever is less.
(2) Take all practicable steps to avoid locating ATC base stations within
radio line of sight of Mobile Aeronautical Telemetry (MAT) receive sites in
order to protect U.S. MAT systems consistent with ITU–R Recommendation
ITU–R M.1459. MSS ATC base stations located within radio line of sight of a
MAT receiver must be coordinated with the Aerospace and Flight Test Radio
Coordinating Council (AFTRCC) for non-Government MAT receivers on a
case-by-case basis prior to operation. For government MAT receivers, the MSS
licensee shall supply sufficient information to the Commission to allow
coordination to take place. A listing of current and planned MAT receiver
sites can be obtained from AFTRCC for non-Government sites and through the
FCC's IRAC Liaison for Government MAT receiver sites.
(g) ATC mobile terminals shall:
(1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel emissions
of −67 dBW/4 kHz at the edge of an MSS licensee's authorized and
internationally coordinated MSS frequency assignment.
(2) Be operated in a fashion that takes all practicable steps to avoid
causing interference to U.S. radio astronomy service (RAS) observations in
the 1660–1660.5 MHz band.
(3) Not generate EIRP density, averaged over any two-millisecond active
transmission interval, greater than −70 dBW/MHz in the 1559–1605 MHz band or
greater than a level determined by linear interpolation in the 1605–1610 MHz
band, from −70 dBW/MHz at 1605 MHz to −46 dBW/MHz at 1610 MHz. The EIRP,
averaged over any two-millisecond active transmission interval, of discrete
out-of-band emissions of less than 700 Hz bandwidth from such mobile
terminals shall not exceed −80 dBW in the 1559–1605 MHz band or exceed a
level determined by linear interpolation in the 1605–1610 MHz band, from −80
dBW at 1605 MHz to −56 dBW at 1610 MHz. The EIRP density of
carrier-off-state emissions from such mobile terminals shall not exceed −80
dBW/MHz in the 1559–1610 MHz band, averaged over a two-millisecond interval.
A root-mean-square detector function with a resolution bandwidth of one
megahertz or equivalent and no less video bandwidth shall be used to measure
wideband EIRP density for purposes of this rule, and narrowband EIRP shall
be measured with a root-mean-square detector function with a resolution
bandwidth of one kilohertz or equivalent.
(h) When implementing multiple base stations and/or base stations using
multiple carriers, where any third-order intermodulation product of these
base stations falls on an L-band MSS band coordinated for use by another MSS
operator with rights to the coordinated band, the MSS ATC licensee must
notify the MSS operator. The MSS operator may request coordination to modify
the base station carrier frequencies, or to reduce the maximum base station
EIRP on the frequencies contributing to the third-order intermodulation
products. The threshold for this notification and coordination is when the
sum of the calculated signal levels received by an MSS receiver exceeds −70
dBm. The MSS receiver used in these calculations can be assumed to have an
antenna with 0 dBi gain. Free-space propagation between the base station
antennas and the MSS terminals can be assumed and actual signal
polarizations for the ATC signals and the MSS system may be used.
[ 70 FR 19319 , Apr. 13, 2005]
§ 25.254 Special requirements for ancillary terrestrial components operating
in the 1610–1626.5 MHz/2483.5–2500 MHz bands.
top
(a) An applicant for an ancillary terrestrial component in these bands must
demonstrate that ATC base stations shall:
(1) Not exceed a peak EIRP of 32 dBW in 1.25 MHz;
(2) Not cause unacceptable interference to systems identified in paragraph
(c) of this section and, in any case, shall not exceed out-of-channel
emissions of −44.1 dBW/30 kHz at the edge of the MSS licensee's authorized
frequency assignment;
(3) At the time of application, that it has taken, or will take steps
necessary to avoid causing interference to other services sharing the use of
the 2450–2500 MHz band through frequency coordination; and
(4) Base stations operating in frequencies above 2483.5 MHz shall not
generate EIRP density, averaged over any two-millisecond active transmission
interval, greater than −70 dBW/MHz in the 1559–1610 MHz band. The EIRP,
averaged over any two-millisecond active transmission interval, of discrete
out-of-band emissions of less than 700 Hz bandwidth from such base stations
shall not exceed −80 dBW in the 1559–1610 MHz band. A root-mean-square
detector function with a resolution bandwidth of one megahertz or equivalent
and no less video bandwidth shall be used to measure wideband EIRP density
for purposes of this rule, and narrowband EIRP shall be measured with a
root-mean-square detector function with a resolution bandwidth of one
kilohertz or equivalent.
(b) An applicant for an ancillary terrestrial component in these bands must
demonstrate that mobile terminals shall:
(1) Meet the requirements contained in §25.213 to protect radio astronomy
service (RAS) observations in the 1610.6–1613.8 MHz band from unacceptable
interference;
(2) Observe a peak EIRP limit of 1.0 dBW in 1.25 MHz;
(3) Observe an out-of-channel EIRP limit of −57.1 dBW/30 kHz at the edge of
the licensed MSS frequency assignment.
(4) ATC mobile terminals operating in assigned frequencies in the
1610–1626.5 MHz band shall not generate EIRP density, averaged over any
two-millisecond active transmission interval, greater than -70 dBW/MHz in
the 1559–1605 MHz band or greater than a level determined by linear
interpolation in the 1605–1610 MHz band, from −70 dBW/MHz at 1605 MHz to −10
dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond active
transmission interval, of discrete out-of-band emissions of less than 700 Hz
bandwidth from such mobile terminals shall not exceed −80 dBW in the
1559–1605 MHz band or exceed a level determined by linear interpolation in
the 1605–1610 MHz band, from −80 dBW at 1605 MHz to −20 dBW at 1610 MHz. The
EIRP density of carrier-off-state emissions from such mobile terminals shall
not exceed −80 dBW/MHz in the 1559–1610 MHz band, averaged over a
two-millisecond interval. A root-mean-square detector function with a
resolution bandwidth of one megahertz or equivalent and no less video
bandwidth shall be used to measure wideband EIRP density for purposes of
this rule, and narrowband EIRP shall be measured with a root-mean-square
detector function with a resolution bandwidth of one kilohertz or
equivalent.
(c) Applicants for an ancillary terrestrial component to be used in
conjunction with a mobile-satellite service system using CDMA technology
shall coordinate the use of the Big LEO MSS spectrum designated for CDMA
systems using the framework established by the ITU in Recommendation ITU-R
M.1186 “Technical Considerations for the Coordination Between Mobile
Satellite Service (MSS) Networks Utilizing Code Division Multiple Access
(CDMA) and Other Spread Spectrum Techniques in the 1–3 GHz Band” (1995).
Recommendation ITU-R M.1186 is incorporated by reference. The Director of
the Federal Register approves this incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this standard can be
inspected at the Federal Communications Commission, 445 12th Street, SW.,
Washington, DC (Reference Information Center) or at the National Archives
and Records Administration (NARA). For information on the availability of
this material at NARA, call 202–741–6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_loc
ations.html. The ITU-R Recommendations can also be purchased from the
International Telecommunication Union (ITU), Place des Nations, CH–1211
Geneva 20, Switzerland.
Note to §25.254: The preceding rules of §25.254 are based on cdma2000 and
IS–95 system architecture. To the extent that a Big LEO MSS licensee is able
to demonstrate that the use of different system architectures would produce
no greater potential interference than that produced as a result of
implementing the rules of this section, an MSS licensee is permitted to
apply for ATC authorization based on another system architecture.
[ 68 FR 33653 , June 5, 2003, as amended at 69 FR 18803 , Apr. 9, 2004; 70 FR 19320 , Apr. 13, 2005]
§ 25.255 Procedures for resolving harmful interference related to operation
of ancillary terrestrial components operating in the 1.5./1.6 GHz, 1.6/2.4 GHz
and 2 GHz bands.
top
If harmful interference is caused to other services by ancillary MSS ATC
operations, either from ATC base stations or mobile terminals, the MSS ATC
operator must resolve any such interference. If the MSS ATC operator claims
to have resolved the interference and other operators claim that
interference has not been resolved, then the parties to the dispute may
petition the Commission for a resolution of their claims.
[ 68 FR 33653 , June 5, 2003]
§ 25.256 Special Requirements for operations in the 3.65–3.7 GHz band.
top
Upon request from a terrestrial licensee authorized under Subpart Z, Part 90
that seeks to place base and fixed stations in operation within 150 km of a
primary earth station, licensees of earth stations operating on a primary
basis in the fixed satellite service in the 3.65–3.7 GHz band must negotiate
in good faith with that terrestrial licensee to arrive at mutually agreeable
operating parameters to prevent unacceptable interference.
[ 70 FR 24725 , May 11, 2005]
§ 25.257 Special requirements for operations in the band 29.1–29.25 GHz
between NGSO MSS and LMDS.
top
(a) Non-geostationary mobile satellite service (NGSO MSS) operators shall be
licensed to use the 29.1–29.25 GHz band for Earth-to-space transmissions
from feeder link earth station complexes. A “feeder link earth station
complex” may include up to three (3) earth station groups, with each earth
station group having up to four (4) antennas, located within a radius of 75
km of a given set of geographic coordinates provided by a NGSO MSS licensees
or applicants pursuant to §101.147.
(b) A maximum of seven (7) feeder link earth station complexes in the
contiguous United States, Alaska and Hawaii may be placed into operation, in
the largest 100 MSAs, in the band 29.1–29.25 GHz in accordance with §25.203
and §101.147 of this chapter.
(c) One of the NGSO MSS operators licensed to use the 29.1–29.25 GHz band
may specify geographic coordinates for a maximum of eight feeder link earth
station complexes that transmit in the 29.1–29.25 GHz band. The other NGSO
MSS operator licensed to use the 29.1–29.25 GHz band may specify geographic
coordinates for a maximum of two feeder link earth station complexes that
transmit in the 29.1–29.25 GHz band.
(d) Additional NGSO MSS operators may be licensed in this band if the
additional NGSO MSS operator shows that its system can share with the
existing NGSO MSS systems.
(e) All NGSO MSS operators shall cooperate fully and make reasonable efforts
to identify mutually acceptable locations for feeder link earth station
complexes. In this connection, any single NGSO MSS operator shall only
identify one feeder link earth station complex protection zone in each
category identified in §101.147(c)(2) of this chapter until the other NGSO
MSS operator has been given an opportunity to select a location from the
same category.
[ 61 FR 44181 , Aug. 28, 1996]
§ 25.258 Sharing between NGSO MSS Feeder links Stations and GSO FSS services
in the 29.25–29.5 GHz Bands.
top
(a) Operators of NGSO MSS feeder link earth stations and GSO FSS earth
stations in the band 29.25 to 29.5 GHz where both services have a co-primary
allocation shall cooperate fully in order to coordinate their systems.
During the coordination process both service operators shall exchange the
necessary technical parameters required for coordination.
(b) Licensed GSO FSS systems shall, to the maximum extent possible, operate
with frequency/polarization selections, in the vicinity of operational or
planned NGSO MSS feeder link earth station complexes, that will minimize
instances of unacceptable interference to the GSO FSS space stations. Earth
station licensees operating with GSO FSS systems shall be capable of
providing earth station locations to support coordination of NGSO MSS feeder
link stations under paragraphs (a) and (c) of this section. Operation of
ubiquitously deployed GSO FSS earth stations in the 29.25–29.5 GHz frequency
band shall conform to the rules contained in §25.138.
(c) Applicants for authority to use the 29.25–29.5 GHz band for NGSO MSS
feeder uplinks will have to demonstrate that their systems can share with
GSO FSS and NGSO MSS systems that have been authorized for operation in that
band.
[ 67 FR 37336 , May 29, 2002, as amended at 68 FR 16967 , Apr. 8, 2003]
§ 25.259 Time sharing between NOAA meteorological satellite systems and
non-voice, non-geostationary satellite systems in the 137–138 MHz band.
top
(a) A non-voice, non-geostationary mobile-satellite service system licensee
(“NVNG licensee”) time-sharing spectrum in the 137–138 MHz frequency band
shall not transmit signals into the “protection areas” of National Oceanic
and Atmospheric Administration (“NOAA”) satellite systems. When calculating
the protection areas for a NOAA satellite in the 137.333–137.367 MHz,
137.485–137.515 MHz, 137.605–137.635 MHz and 137.753–137.787 MHz bands, a
NVNG licensee shall use an earth station elevation angle of five degrees
towards the NOAA satellite and will cease its transmissions prior to the
NVNG licensee's service area, based on an elevation angle of zero degrees
towards the NVNG licensee's satellite, overlapping the NOAA protection area.
When calculating the protection areas for a NOAA satellite in the
137.025–137.175 MHz and 137.825–138 MHz bands, a NVNG licensee shall use an
earth station elevation angle of zero degrees, or less if reasonably
necessary, towards the NOAA satellite and will cease its transmissions prior
to the NVNG licensee's service area, based on an elevation angle of zero
degrees towards the NVNG licensee's satellite, overlapping the NOAA
protection area. A NVNG licensee is responsible for obtaining the necessary
ephemeris data. This information shall be updated system-wide on at least a
weekly basis. A NVNG licensee shall use an orbital propagator algorithm with
an accuracy equal to or greater than the NORAD propagator used by NOAA.
(b) A NVNG licensee time sharing spectrum in the 137–138 MHz band shall
establish a 24-hour per day contact person and telephone number so that
claims of harmful interference into NOAA earth station users and other
operational issues can be reported and resolved expeditiously. This contact
information shall be made available to NOAA or its designee. If the National
Telecommunications and Information Administration (“NTIA”) notifies the
Commission that NOAA is receiving unacceptable interference from a NVNG
licensee, the Commission will require such NVNG licensee to terminate its
interfering operations immediately unless it demonstrates to the
Commission's reasonable satisfaction, and that of NTIA, that it is not
responsible for causing harmful interference into the worldwide NOAA system.
A NVNG licensee assumes the risk of any liability or damage that it and its
directors, officers, employees, affiliates, agents and subcontractors may
incur or suffer in connection with an interruption of its non-voice,
non-geostationary mobile-satellite service, in whole or in part, arising
from or relating to its compliance or noncompliance with the requirements of
this paragraph (b). The Commission will not hesitate to impose sanctions on
a NVNG licensee time-sharing spectrum in the 137–138 MHz band with NOAA,
including monetary forfeitures and license revocations, when appropriate.
(c) Each satellite in a NVNG licensee's system time-sharing spectrum with
NOAA in the 137–138 MHz band shall automatically turn off and cease
satellite transmissions if, after 72 consecutive hours, no reset signal is
received from the NVNG licensee's gateway earth station and verified by the
satellite. All satellites in such NVNG licensee's system shall be capable of
instantaneous shutdown on any sub-band upon command from such NVNG
licensee's gateway earth station.
[ 62 FR 59296 , Nov. 3, 1997]
§ 25.260 Time sharing between DoD meteorological satellite systems and
non-voice, non-geostationary satellite systems in the 400.15–401 MHz band.
top
(a) A non-voice, non-geostationary mobile-satellite service system licensee
(“NVNG licensee”) time-sharing spectrum in the 400.15–401.0 MHz band shall
not transmit signals into the “protection areas” of Department of Defense
(“DoD”). When calculating the protection areas for a DoD satellite in the
400.15–401 MHz band, a NVNG licensee shall use an earth station elevation
angle of five degrees towards the DoD satellite and will shut off its
transmissions prior to the NVNG licensee's service area, based on an
elevation angle of zero degrees towards the NVNG licensee's satellite,
overlapping the DoD protection area. A NVNG licensee is responsible for
obtaining the necessary ephemeris data. This information shall be updated
system-wide at least once per week. A NVNG licensee shall use an orbital
propagator algorithm with an accuracy equal to or greater than the NORAD
propagator used by DoD.
(b) A NVNG licensee time sharing spectrum in the 400.15–401 MHz band shall
establish a 24-hour per day contact person and telephone number so that
claims of harmful interference into DoD earth station users and other
operational issues can be reported and resolved expeditiously. This contact
information shall be made available to DoD or its designee. If the National
Telecommunications and Information Administration (“NTIA”) notifies the
Commission that DoD is receiving unacceptable interference from a NVNG
licensee, the Commission will require such NVNG licensee to terminate its
interfering operations immediately unless it demonstrates to the
Commission's reasonable satisfaction, and that of NTIA, that it is not
responsible for causing harmful interference into the worldwide DoD system.
A NVNG licensee assumes the risk of any liability or damage that it and its
directors, officers, employees, affiliates, agents and subcontractors may
incur or suffer in connection with an interruption of its non-voice,
non-geostationary mobile-satellite service, in whole or in part, arising
from or relating to its compliance or noncompliance with the requirements of
this paragraph (b). The Commission will not hesitate to impose sanctions on
a NVNG licensee time-sharing spectrum in the 400.15–401 MHz band with DoD,
including monetary forfeitures and license revocations, when appropriate.
(c) Each satellite in a NVNG licensee's system time-sharing spectrum with
DoD in the 400.15–401 MHz band shall automatically turn off and cease
satellite transmissions if, after 72 consecutive hours, no reset signal is
received from the NVNG licensee's gateway earth station and verified by the
satellite. All satellites in such NVNG licensee's system shall be capable of
instantaneous shutdown on any sub-band upon command from such NVNG
licensee's gateway earth station.
(d) Initially, a NVNG licensee time-sharing spectrum with DoD in the
400.15–401 MHz band shall be able to change the frequency on which its
system satellites are operating within 125 minutes of receiving notification
from a DoD required frequency change in the 400.15–401 MHz band. Thereafter,
when a NVNG licensee constructs additional gateway earth stations located
outside of North and South America, it shall use its best efforts to
decrease to 90 minutes the time required to implement a DoD required
frequency change. A NVNG licensee promptly shall notify the Commission and
NTIA of any decrease in the time it requires to implement a DoD required
frequency change.
(e) Once a NVNG licensee time-sharing spectrum with DoD in the 400.15–401
MHz band demonstrates to DoD that it is capable of implementing a DoD
required frequency change within the time required under paragraph (d) of
this section, thereafter, such NVNG licensee shall demonstrate its
capability to implement a DoD required frequency change only once per year
at the instruction of DoD. Such demonstrations shall occur during off-peak
hours, as determined by the NVNG licensee, unless otherwise agreed by the
NVNG licensee and DoD. Such NVNG licensee will coordinate with DoD in
establishing a plan for such a demonstration. In the event that a NVNG
licensee fails to demonstrate to DoD that it is capable of implementing a
DoD required frequency change in accordance with a demonstration plan
established by DoD and the NVNG licensee, upon the Commission's receipt of a
written notification from NTIA describing such failure, the Commission shall
impose additional conditions or requirements on the NVNG licensee's
authorization as may be necessary to protect DoD operations in the
400.15–401 MHz downlink band until the Commission is notified by NTIA that
the NVNG licensee has successfully demonstrated its ability to implement a
DoD required frequency change. Such additional conditions or requirements
may include, but are not limited to, requiring such NVNG licensee
immediately to terminate its operations interfering with the DoD system.
[ 62 FR 59296 , Nov. 3, 1997]
§ 25.261 Procedures for avoidance of in-line interference events for Non
Geostationary Satellite Orbit (NGSO) Satellite Network Operations in the Fixed
Satellite Service (FSS) Bands.
top
(a) Applicable NGSO FSS Bands. The coordination procedures in this section
apply to non-Federal-Government NGSO FSS satellite networks operating in the
following assigned frequency bands: The 28.6–29.1 GHz or 18.8–19.3 GHz
frequency bands.
(b) Definition of “In-line interference events.” For purposes of this
section, an “in-line interference event” is defined as the interference
associated with an occurrence of any physical alignment of space stations of
two or more satellite networks with an operating Earth station of one of
these networks in such a way that the angular separation between operational
links of the two networks is less than 10° as measured at the Earth station.
(c) Default procedure. If no agreed coordination exists between two or more
satellite networks, then the bands will be divided among the affected
satellite networks involved in an in-line interference event in accordance
with the following procedure:
(1) Each of n (number of) satellite networks involved in a particular
in-line interference event shall select 1/n of the assigned spectrum
available in each frequency band for its home base spectrum. The selection
order for each satellite network shall be determined by and be in accordance
with the date that the first space station in each satellite network is
launched and operating;
(2) The affected space station(s) of the respective satellite networks shall
only operate in the selected (1/n) spectrum associated with its satellite
network, its home base spectrum, for the duration of the in-line
interference event;
(3) All affected space station(s) may resume operations throughout the
assigned frequency bands once the angular separation between the affected
space stations in the in-line interference event is again greater than 10°.
(d) Coordination procedure. Any coordination procedure agreed among the
affected operating satellite networks, which allows operations of the
satellite networks when each network's respective space stations are within
the 10 degree avoidance angle associated with an in-line interference event,
shall supersede the default procedure of paragraph (c) of this section.
Coordination may be effected using information relating to the space
stations and the parameters of one or more typical earth stations. All
parties are required to coordinate in good faith.
[ 68 FR 59129 , Oct. 14, 2003]
§ 25.262 Space station coordination requirements in the 17/24 GHz BSS.
top
(a) Any space station licensee operating a space station in the 17/24 GHz
BSS, and required to provide information in its application pursuant to
§25.114(d)(15)(ii) of this part, shall bear the burden of coordinating with
any future co-frequency applicants or licensees under the following
circumstances:
(1) If the licensee's operations exceed the power flux-density limits set
forth in §25.208(w) of this part by 3 dB or less, the licensee shall bear
the burden of coordinating with any future applicants or licensees proposing
a satellite in compliance with power flux-density limits set forth in
§25.208(w) of this part and located within ± 6 degrees of the licensee's
satellite.
(2) If the licensee's operations exceed the power flux-density limits set
forth in §25.208(w) of this part by more than 3 dB, the licensee shall bear
the burden of coordinating with any future applicants or licensees proposing
a satellite in compliance with power flux-density limits set forth in
§25.208(w) of this part and located within ± 10 degrees of the licensee's
satellite.
(3) If no good faith agreement can be reached, the operator of the 17/24 GHz
satellite that does not comply with §25.208(w) of this part shall reduce its
space station power flux-density levels to be compliant with those specified
in §25.208(w) of this part.
(b) Any space station licensee operating a space station in the 17/24 GHz
BSS, and required to provide information in its application pursuant to
§25.114(d)(15)(iii) of this part, must accept any increased interference
that may result from adjacent 17/24 GHz BSS space stations that are
operating in compliance with the rules for this service.
[ 72 FR 50033 , Aug. 29, 2007]
Subpart D—Technical Operations
top
Source: 58 FR 13421 , Mar. 11, 1993, unless otherwise noted.
§ 25.271 Control of transmitting stations.
top
(a) The licensee of a facility licensed under this part is responsible for
the proper operation and maintenance of the station.
(b) The licensee of a transmitting earth station, other than an ESV,
licensed under this part shall ensure that a trained operator is present on
the earth station site, or at a designated remote control point for the
earth station, at all times that transmissions are being conducted. No
operator's license is required for a person to operate or perform
maintenance on facilities authorized under this part.
(c) Authority will be granted to operate a transmitting earth station, other
than an ESV, by remote control only on the conditions that:
(1) The parameters of the transmissions of the remote station monitored at
the control point, and the operational functions of the remote earth
stations that can be controlled by the operator at the control point, are
sufficient to insure that the operations of the remote station(s) are at
times in full compliance with the remote station authorization(s);
(2) The earth station facilities are protected by appropriate security
measures to prevent unauthorized entry or operations;
(3) Upon detection by the license, or upon notification from the Commission
of a deviation or upon notification by another licensee of harmful
interference, the operation of the remote station shall be immediately
suspended by the operator at the control point until the deviation or
interference is corrected, except that transmissions concerning the
immediate safety of life or property may be conducted for the duration of
the emergency; and
(4) The licensee shall have available at all times the technical personnel
necessary to perform expeditiously the technical servicing and maintenance
of the remote stations.
(5) International VSAT system operators are required to maintain a control
point within the United States, or to maintain a point of contact within the
United States available 24 hours a day, 7 days a week, with the ability to
shut off any earth station within the VSAT network immediately upon
notification of harmful interference.
(d) The licensee shall insure that the licensed facilities are properly
secured against unauthorized access or use whenever an operator is not
present at the transmitter.
(e) The licensee of an NGSO FSS system operating in the 10.7–14.5 GHz bands
shall maintain an electronic web site bulletin board to list the satellite
ephemeris data, for each satellite in the constellation, using the North
American Aerospace Defense Command (NORAD) two-line orbital element format.
The orbital elements shall be updated at least once every three days.
(f) Rules for control of transmitting ESVs are provided in §§25.221 and
25.222.
[ 58 FR 13421 , Mar. 11, 1993, as amended at 66 FR 10631 , Feb. 16, 2001; 70 FR 4787 , Jan. 31, 2005; 70 FR 32257 , June 2, 2005]
§ 25.272 General inter-system coordination procedures.
top
(a) Each space station licensee in the Fixed-Satellite Service shall
establish a satellite network control center which will have the
responsibility to monitor space-to-Earth transmissions in its system. This
would indirectly monitor uplink earth station transmissions in its system
and to coordinate transmissions in its satellite system with those of other
systems to prevent harmful interference incidents or, in the event of a
harmful interference incident, to identify the source of the interference
and correct the problem promptly.
(b) Each space station licensee shall maintain on file with the Commission
and with its Columbia Operations Center in Columbia, Maryland, a current
listing of the names, titles, addresses and telephone numbers of the points
of contact for resolution of interference problems. Contact personnel should
include those responsible for resolution of short term, immediate
interference problems at the system control center, and those responsible
for long term engineering and technical design issues.
(c) The transmitting earth station licensee shall provide the operator(s) of
the satellites, on which the licensee is authorized to transmit, contact
telephone numbers for the control center of the earth station and emergency
telephone numbers for key personnel; a current file of these contacts shall
be maintained at each satellite system control center.
(d) An earth station licensee shall ensure that each of its authorized earth
stations complies with the following:
(1) The earth station licensee shall ensure that there is continuously
available means of communications between the satellite network control
center and the earth station operator or its remote control point as
designated by the licensee.
(2) The earth station operator shall notify the satellite network control
center and receive permission from the control center before transmitting to
the satellite or changing the basic characteristics of a transmission.
(3) The earth station operator shall keep the space station licensee
informed of all actual and planned usage.
(4) Upon approval of the satellite network control center, the earth station
operator may radiate an RF carrier into the designated transponder. Should
improper illumination of the transponder or undue adjacent transponder
interference be observed by the satellite network control center, the earth
station operator shall immediately take whatever measures are needed to
eliminate the problem.
(5) The space station licensee may delegate the responsibility and duties of
the satellite network control center to a technically qualified user or
group of users, but the space station licensee shall remain ultimately
responsible for the performance of those duties.
[ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997]
§ 25.273 Duties regarding space communications transmissions.
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(a) No person shall:
(1) Transmit to a satellite unless the specific transmission is first
authorized by the satellite network control center;
(2) Conduct transmissions over a transponder unless the operator is
authorized by the satellite licensee or the satellite licensee's successor
in interest to transmit at that time; or
(3) Transmit in any manner that causes unacceptable interference to the
authorized transmission of another licensee.
(b) Satellite operators shall provide upon request by the Commission and by
earth station licensees authorized to transmit on their satellites relevant
information needed to avoid unacceptable interference to other users,
including the polarization angles for proper illumination of a given
transponder.
(c) Space station licensees are responsible for maintaining complete and
accurate technical details of current and planned transmissions over their
satellites, and shall require that authorized users of transponders on their
satellites, whether by tariff or contract, provide any necessary technical
information in this regard including that required by §25.272. Based on this
information, space station licensees shall exchange among themselves general
technical information concerning current and planned transmission parameters
as needed to identify and promptly resolve any potential cases of
unacceptable interference between their satellite systems.
(d) Space stations authorized after May 10, 1993 which do not satisfy the
requirements of §25.210 may be required to accept greater constraints in
resolving interference problems than complying ones. The extent of these
constraints shall be determined on a case-by-case basis.
§ 25.274 Procedures to be followed in the event of harmful interference.
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(a) The earth station operator whose transmission is suffering harmful
interference shall first check the earth station equipment to ensure that
the equipment is functioning properly.
(b) The earth station operator shall then check all other earth stations in
the licensee's network that could be causing the harmful interference to
ensure that none of the licensee's earth stations are the source of the
interference and to verify that the source of interference is not from a
local terrestrial source.
(c) After the earth station operator has determined that the source of the
interference is not another earth station operating in the same network or
from a terrestrial source, the earth station operator shall contact the
satellite system control center and advise the satellite operator of the
problem. The control center operator shall observe the interference incident
and make reasonable efforts to determine the source of the problem. A record
shall be maintained by the control center operator and the earth station
operator of all harmful interference incidents and their resolution. These
records shall be made available to an FCC representative on request.
(d) Where the suspected source of the interference incident is the operation
of an earth station licensed to operate on one or more of the satellites in
the satellite operator's system, the control center operator shall advise
the offending earth station of the harmful interference incident and assist
in the resolution of the problem where reasonably possible.
(e) The earth station licensee whose operations are suspected of causing
harmful interference to the operations of another earth station shall take
reasonable measures to determine whether its operations are the source of
the harmful interference problem. Where the operations of the suspect earth
station are the source of the interference, the licensee of that earth
station shall take all measures necessary to resolve the interference.
(f) Where the earth station suspected of causing harmful interference to the
operations of another earth station cannot be identified or is identified as
an earth station operating on a satellite system other than the one on which
the earth station suffering harmful interference is operating, it is the
responsibility of a representative of the earth station suffering harmful
interference to contact the control center of other satellite systems. The
operator of the earth station suffering harmful interference is free to
choose any representative to make this contact, including but not limited to
the operator of the satellite system on which the earth station is
operating. The operator of the earth station suffering harmful interference
is also free to contact the control center of the other satellite systems
directly.
(g) At any point, the system control center operator may contact the
Commission's Columbia Operations Center in Columbia, Maryland, to assist in
resolving the matter. This office specializes in the resolution of satellite
interference problems. All licensees are required to cooperate fully with
the Commission in any investigation of interference problems.
[ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997; 70 FR 32257 , June 2, 2005]
§ 25.275 Particulars of operation.
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(a) Radio station authorizations issued under this part will normally
specify only the frequency bands authorized for transmission and/or
reception of the station.
(b) When authorized frequency bands are specified in the station
authorization, the licensee is authorized to transmit any number of r.f.
carriers on any discrete frequencies within an authorized frequency band in
accordance with the other terms and conditions of the authorization and the
requirements of this part. Specific r.f. carrier frequencies within the
authorized frequency band shall be selected by the licensee to avoid
unacceptable levels of interference being caused to other earth, space or
terrestrial stations. Any coordination agreements, both domestic and
international, concerning specific frequency usage constraints, including
non-use of any particular frequencies within the frequency bands listed in
the station authorization, are considered to be conditions of the station
authorization.
(c) A license for a transmitting earth station will normally specify only
the r.f. carriers having the highest e.i.r.p. density, the narrowest
bandwidth, and the largest bandwidth authorized for transmission from that
station. Unless otherwise specified in the station authorization, the
licensee is authorized to transmit any other type of carrier not
specifically listed which does not exceed the highest e.i.r.p., e.i.r.p.
density and bandwidth prescribed for any listed emission.
(d) Only the most sensitive emission(s) for which protection is being
afforded from interference in the authorized receive frequency band(s) will
be specified in the station authorization.
§ 25.276 Points of communication.
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(a) Unless otherwise specified in the station authorization, an earth
station is authorized to transmit to any space station in the same radio
service provided that permission has been received from the space station
operator to access that space station.
(b) Space stations licensed under this part are authorized to provide
service to earth stations located within the specified service area. Coastal
waters within the outer continental shelf shall be considered to be included
within the service area specified by the named land mass.
(c) Transmission to or from foreign points over space stations in the
Fixed-Satellite Service, other than those operated by the International
Telecommunications Satellite Organization and Inmarsat, are subject to the
policies set forth in the Report and Order, adopted January 19, 1996 in IB
Docket No. 95–41.
[ 58 FR 13421 , Mar. 11, 1993, as amended at 61 FR 9953 , Mar. 12, 1996]
§ 25.277 Temporary fixed earth station operations.
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(a) When an earth station in the Fixed-Satellite Service is to remain at a
single location for fewer than 6 months, the location may be considered to
be temporary fixed. Services provided at a single location which are
initially known to be of longer than six months' duration shall not be
provided under a temporary fixed authorization.
(b) When a station, other than an ESV, authorized as a temporary fixed earth
station, is to remain at a single location for more than six months,
application for a regular station authorization at that location shall be
filed at least 30 days prior to the expiration of the six-month period.
(c) The licensee of an earth station, other than an ESV, which is authorized
to conduct temporary fixed operations in bands shared co-equally with
terrestrial fixed stations shall provide the following information to the
Director of the Columbia Operations Center at 9200 Farmhouse Lane, Columbia,
Maryland 21046, and to the licensees of all terrestrial facilities lying
within the coordination contour of the proposed temporary fixed earth
station site before beginning transmissions:
(1) The name of the person operating the station and the telephone number at
which the operator can be reached directly;
(2) The exact frequency or frequencies used and the type of emissions and
power levels to be transmitted; and
(3) The commencement and anticipated termination dates of operation from
each location.
(d) Except as set forth in §25.151(e), transmissions may not be commenced
until all affected terrestrial licensees have been notified and the earth
station operator has confirmed that unacceptable interference will not be
caused to such terrestrial stations.
(e) Operations of temporary fixed earth stations shall cease immediately
upon notice of harmful interference from the Commission or the affected
licensee.
(f) Filing requirements concerning applications for new temporary fixed
earth station facilities operating in frequency bands shared co-equally with
terrestrial fixed stations.
(1) When the initial location of the temporary fixed earth station's
operation is known, the applicant shall provide, as part of the Form 312
application, a frequency coordination report in accordance with §25.203 for
the initial station location.
(2) When the initial location of the temporary fixed earth station's
operation is not known at the time the application is filed, the applicant
shall provide, as part of the Form 312 application, a statement by the
applicant acknowledging its coordination responsibilities under §25.277.
[ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997; 70 FR 4787 , Jan. 31, 2005; 70 FR 32257 , June 2, 2005]
§ 25.278 Additional coordination obligation for non-geostationary and
geostationary satellite systems in frequencies allocated to the fixed-satellite
service.
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Licensees of non-geostationary satellite systems that use frequency bands
allocated to the fixed-satellite service for their feeder link operations
shall coordinate their operations with licensees of geostationary
fixed-satellite service systems licensed by the Commission for operation in
the same frequency bands. Licensees of geostationary fixed-satellite service
systems in the frequency bands that are licensed to non-geostationary
satellite systems for feeder link operations shall coordinate their
operations with the licensees of such non-geostationary satellite systems.
[ 59 FR 53330 , Oct. 21, 1994]
§ 25.279 Inter-satellite service.
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(a) Any satellite communicating with other space stations may use
frequencies in the inter-satellite service as indicated in §2.106 of this
chapter. This does not preclude the use of other frequencies for such
purposes as provided for in several service definitions, e.g. , FSS. The
technical details of the proposed inter-satellite link shall be provided in
accordance with §25.114(c).
(b) Operating conditions. In order to ensure compatible operations with
authorized users in the frequency bands to be utilized for operations in the
inter-satellite service, these inter-satellite service systems must operate
in accordance with the conditions specified in this section.
(1) Coordination requirements with federal government users. (i) In
frequency bands allocated for use by the inter-satellite service that are
also authorized for use by agencies of the federal government, the federal
use of frequencies in the inter-satellite service frequency bands is under
the regulatory jurisdiction of the National Telecommunications and
Information Administration (NTIA).
(ii) The Commission will use its existing procedures to reach agreement with
NTIA to achieve compatible operations between federal government users under
the jurisdiction of NTIA and inter-satellite service systems through
frequency assignment and coordination practice established by NTIA and the
Interdepartment Radio Advisory Committee (IRAC). In order to facilitate such
frequency assignment and coordination, applicants shall provide the
Commission with sufficient information to evaluate electromagnetic
compatibility with the federal government users of the spectrum, and any
additional information requested by the Commission. As part of the
coordination process, applicants shall show that they will not cause
interference to authorized federal government users, based upon existing
system information provided by the government. The frequency assignment and
coordination of the satellite system shall be completed prior to grant of
construction authorization.
(2) Coordination among inter-satellite service systems. Applicants for
authority to establish inter-satellite service are encouraged to coordinate
their proposed frequency usage with existing permittees and licensees in the
inter-satellite service whose facilities could be affected by the new
proposal in terms of frequency interference or restricted system capacity.
All affected applicants, permittees, and licensees, shall at the direction
of the Commission, cooperate fully and make every reasonable effort to
resolve technical problems and conflicts that may inhibit effective and
efficient use of the radio spectrum; however, the permittee or licensee
being coordinated with is not obligated to suggest changes or re-engineer an
applicant's proposal in cases involving conflicts.
[ 59 FR 53331 , Oct. 21, 1994, as amended at 65 FR 59144 , Oct. 4, 2000]
§ 25.280 Inclined orbit operations.
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(a) Satellite operators may commence operation in inclined orbit mode
without obtaining prior Commission authorization provided that the
Commission is notified by letter within 30 days after the last north-south
station keeping maneuver. The notification shall include:
(1) The operator's name;
(2) The date of commencement of inclined orbit operation;
(3) The initial inclination;
(4) The rate of change in inclination per year; and
(5) The expected end-of-life of the satellite accounting for inclined orbit
operation, and the maneuvers specified under §25.283 of the Commission's
rules.
(b) Licensees operating in inclined-orbit are required to:
(1) Periodically correct the satellite attitude to achieve a stationary
spacecraft antenna pattern on the surface of the Earth and centered on the
satellite's designated service area;
(2) Control all electrical interference to adjacent satellites, as a result
of operating in an inclined orbit, to levels not to exceed that which would
be caused by the satellite operating without an inclined orbit;
(3) Not claim protection in excess of the protection that would be received
by the satellite network operating without an inclined orbit; and
(4) Continue to maintain the space station at the authorized longitude
orbital location in the geostationary satellite arc with the appropriate
east-west station-keeping tolerance.
[ 69 FR 54587 , Sept. 9, 2004]
§ 25.281 Automatic Transmitter Identification System (ATIS).
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All satellite uplink transmissions carrying broadband video information
shall be identified through the use of an automatic transmitter
identification system as specified below.
(a) Effective March 1, 1991, all satellite video uplink facilities shall be
equipped with an ATIS encoder meeting the specifications set forth in
paragraph (d) of this section.
(b) All video uplink facilities utilizing a transmitter manufactured on or
after March 1, 1991 shall be equipped with an ATIS encoder meeting the
performance specifications set forth in paragraph (d) of this section and
the encoder shall be integrated into the uplink transmitter chain in a
method that cannot easily be defeated.
(c) The ATIS signal shall be a separate subcarrier which is automatically
activated whenever any RF emissions occur. The ATIS information shall
continuously repeat.
(d) The ATIS signal shall consist of the following:
(1) A subcarrier signal generated at a frequency of 7.1 MHz ±25 KHz and
injected at a level no less than −26 dB (referenced to the unmodulated
carrier). The subcarrier deviation shall not exceed 25 kHz peak deviation.
(2) The protocol shall be International Morse Code keyed by a 1200 Hz ±800
Hz tone representing a mark and a message rate of 15 to 25 words per minute.
The tone shall frequency modulate the subcarrier signal.
(3) The ATIS signal as a minimum shall consist of the following:
(i) The FCC assigned earth station call sign;
(ii) A telephone number providing immediate access to personnel capable of
resolving ongoing interference or coordination problems with the station;
(iii) A unique ten digit serial number of random number code programmed into
the ATIS device in a permanent manner such that it cannot be readily changed
by the operator on duty;
(iv) Additional information may be included within the ATIS data stream
provided the total message length, including ATIS, does not exceed 30
seconds.
[ 55 FR 21551 , May 25, 1990. Redesignated at 62 FR 5932 , Feb. 10, 1997]
§ 25.282 Orbit raising maneuvers.
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A space station authorized to operate in the geostationary satellite orbit
under this part is also authorized to transmit in connection with
short-term, transitory maneuvers directly related to post-launch,
orbit-raising maneuvers, provided that the following conditions are met:
(a) Authority is limited to those tracking, telemetry, and control
frequencies in which the space station is authorized to operate once it
reaches its assigned geostationary orbital location;
(b) In the event that any unacceptable interference does occur, the space
station licensee shall cease operations until the issue is rectified;
(c) The space station licensee is required to accept interference from any
lawfully operating satellite network or radio communication system.
[ 69 FR 54587 , Sept. 9, 2004]
§ 25.283 End-of-life disposal.
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(a) Geostationary orbit space stations. Unless otherwise explicitly
specified in an authorization, a space station authorized to operate in the
geostationary satellite orbit under this part shall be relocated, at the end
of its useful life, barring catastrophic failure of satellite components, to
an orbit with a perigee with an altitude of no less than:
36,021 km + (1000·C[R·]A/m)
where C[R]is the solar pressure radiation coefficient of the spacecraft, and
A/m is the Area to mass ratio, in square meters per kilogram, of the
spacecraft.
(b) A space station authorized to operate in the geostationary satellite
orbit under this part may operate using its authorized tracking, telemetry
and control frequencies, and outside of its assigned orbital location, for
the purpose of removing the satellite from the geostationary satellite orbit
at the end of its useful life, provided that the conditions of paragraph (a)
of this section are met, and on the condition that the space station's
tracking, telemetry and control transmissions are planned so as to avoid
electrical interference to other space stations, and coordinated with any
potentially affected satellite networks.
(c) All space stations. Upon completion of any relocation authorized by
paragraph (b) of this section, or any relocation at end-of-life specified in
an authorization, or upon a spacecraft otherwise completing its authorized
mission, a space station licensee shall ensure, unless prevented by
technical failures beyond its control, that all stored energy sources on
board the satellite are discharged, by venting excess propellant,
discharging batteries, relieving pressure vessels, and other appropriate
measures.
(d) The minimum perigee requirement of paragraph (a) of this section shall
not apply to space stations launched prior to March 18, 2002.
[ 69 FR 54588 , Sept. 9, 2004]
§ 25.284 Emergency Call Center Service.
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(a) Providers of mobile satellite service to end-user customers (part 25,
subparts A–D) must provide Emergency Call Center service to the extent that
they offer real-time, two way switched voice service that is interconnected
with the public switched network and utilize an in-network switching
facility which enables the provider to reuse frequencies and/or accomplish
seamless hand-offs of subscriber calls. Emergency Call Center personnel must
determine the emergency caller's phone number and location and then transfer
or otherwise redirect the call to an appropriate public safety answering
point. Providers of mobile satellite services that utilize earth terminals
that are not capable of use while in motion are exempt from providing
Emergency Call Center service for such terminals.
(b) Beginning February 11, 2005, each mobile satellite service carrier that
is subject to the provisions of paragraph (a) of this section must maintain
records of all 911 calls received at its emergency call center. Beginning
October 15, 2005, and on each following October 15, mobile satellite service
carriers providing service in the 1.6/2.4 GHz and 2 GHz bands must submit a
report to the Commission regarding their call center data, current as of
September 30 of that year. Beginning June 30, 2006, and on each following
June 30, mobile satellite service carriers providing service in bands other
than 1.6/2.4 GHz and 2 GHz must submit a report to the Commission regarding
their call center data, current as of May 31 of that year. These reports
must include, at a minimum, the following:
(1) The name and address of the carrier, the address of the carrier's
emergency call center, and emergency call center contact information;
(2) The aggregate number of calls received by the call center each month
during the relevant reporting period;
(3) An indication of how many calls received by the call center each month
during the relevant reporting period required forwarding to a public safety
answering point and how many did not require forwarding to a public safety
answering point.
[ 69 FR 6582 , Feb. 11, 2004, as amended at 69 FR 54042 , Sept. 7, 2004]
Subpart E [Reserved]
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Subpart F—Competitive Bidding Procedures for DARS
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Source: 62 FR 11106 , Mar. 11, 1997, unless otherwise noted.
§ 25.401 Satellite DARS applications subject to competitive bidding.
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Mutually exclusive initial applications for DARS service licenses are
subject to competitive bidding. The general competitive bidding procedures
set forth in part 1, subpart Q of this chapter will apply unless otherwise
provided in this part.
[ 67 FR 45373 , July 9, 2002]
§ 25.402 [Reserved]
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§ 25.403 Bidding application and certification procedures.
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Submission of Supplemental Application Information. In order to be eligible
to bid, each pending applicant must timely submit certain supplemental
information. All supplemental information shall be filed by the applicant
five days after publication of these rules in theFederal Register. The
supplemental information must be certified and include the following:
(a) Applicant's name;
(b) Mailing Address (no Post Office boxes);
(c) City;
(d) State;
(e) ZIP Code;
(f) Auction Number 15;
(g) FCC Account Number;
(h) Person(s) authorized to make or withdraw a bid (list up to three
individuals);
(i) Certifications and name and title of person certifying the information
provided;
(j) Applicant's contact person and such person's telephone number, E-mail
address and FAX number; and
(k) Signature and date.
§ 25.404 Submission of down payment and filing of long-form applications.
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A high bidder that meets its down payment obligations in a timely manner
must, within thirty (30) business days after being notified that it is a
high bidder, submit an amendment to its pending application to provide the
information required by §25.144.
[ 67 FR 45373 , July 9, 2002]
§§ 25.405-25.406 [Reserved]
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Subparts G–H [Reserved]
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Subpart I—Equal Employment Opportunities
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§ 25.601 Equal employment opportunities.
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Notwithstanding other EEO provisions within these rules, an entity that uses
an owned or leased fixed-satellite service or direct broadcast satellite
service or 17/24 GHz broadcasting-satellite service facility (operating
under this part) to provide video programming directly to the public on a
subscription basis must comply with the equal employment opportunity
requirements set forth in part 76, subpart E, of this chapter, if such
entity exercises control (as defined in part 76, subpart E, of this chapter)
over the video programming it distributes. Notwithstanding other EEO
provisions within these rules, a licensee or permittee of a direct broadcast
satellite station operating as a broadcaster must comply with the equal
employment opportunity requirements set forth in part 73.
[ 72 FR 50033 , Aug. 29, 2007]
Subpart J—Public Interest Obligations
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§ 25.701 Public interest obligations.
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(a) DBS providers are subject to the public interest obligations set forth
in paragraphs (b), (c), (d), (e) and (f) of this section. As used in this
section, DBS providers are any of the following:
(1) Entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS
frequency bands; or
(2) Entities licensed to operate satellites in the Ku band fixed satellite
service and that sell or lease capacity to a video programming distributor
that offers service directly to consumers providing a sufficient number of
channels so that four percent of the total applicable programming channels
yields a set aside of at least one channel of non commercial programming
pursuant to paragraph (e) of this section, or
(3) Non U.S. licensed satellite operators in the Ku band that offer video
programming directly to consumers in the United States pursuant to an earth
station license issued under part 25 of this title and that offer a
sufficient number of channels to consumers so that four percent of the total
applicable programming channels yields a set aside of one channel of
noncommercial programming pursuant to paragraph (e) of this section, or
(4) Entities licensed to operate satellites in the 17/24 GHz BSS that offer
video programming directly to consumers or that sell or lease capacity to a
video programming distributor that offers service directly to consumers
providing a sufficient number of channels so that four percent of the total
applicable programming channels yields a set aside of at least one channel
of noncommercial programming pursuant to paragraph (e) of this section, or
(5) Non U.S. licensed satellite operators in the 17/24 GHz BSS that offer
video programming directly to consumers in the United States or that sell or
lease capacity to a video programming distributor that offers service
directly to consumers in the United States pursuant to an earth station
license issued under part 25 of this title and that offer a sufficient
number of channels to consumers so that four percent of the total applicable
programming channels yields a set aside of one channel of noncommercial
programming pursuant to paragraph (e) of this section.
(b) Political broadcasting requirements—
(1) Legally qualified candidates for public office for purposes of this
section are as defined in §73.1940 of this chapter.
(2) DBS origination programming is defined as programming (exclusive of
broadcast signals) carried on a DBS facility over one or more channels and
subject to the exclusive control of the DBS provider.
(3) Reasonable access. (i) DBS providers must comply with section 312(a)(7)
of the Communications Act of 1934, as amended, by allowing reasonable access
to, or permitting purchase of reasonable amounts of time for, the use of
their facilities by a legally qualified candidate for federal elective
office on behalf of his or her candidacy.
(ii) Weekend access. For purposes of providing reasonable access, DBS
providers shall make facilities available for use by federal candidates on
the weekend before the election if the DBS provider has provided similar
access to commercial advertisers during the year preceding the relevant
election period. DBS providers shall not discriminate between candidates
with regard to weekend access.
(4) Use of facilities; equal opportunities. DBS providers must comply with
section 315 of the Communications Act of 1934, as amended, by providing
equal opportunities to legally qualified candidates for DBS origination
programming.
(i) General requirements. Except as otherwise indicated in §25.701(b)(3), no
DBS provider is required to permit the use of its facilities by any legally
qualified candidate for public office, but if a DBS provider shall permit
any such candidate to use its facilities, it shall afford equal
opportunities to all other candidates for that office to use such
facilities. Such DBS provider shall have no power of censorship over the
material broadcast by any such candidate. Appearance by a legally qualified
candidate on any:
(A) Bona fide newscast;
(B) Bona fide news interview;
(C) Bona fide news documentary (if the appearance of the candidate is
incidental to the presentation of the subject or subjects covered by the
news documentary); or
(D) On the spot coverage of bona fide news events (including, but not
limited to political conventions and activities incidental thereto) shall
not be deemed to be use of a DBS provider's facility. (Section 315(a) of the
Communications Act.)
(ii) Uses. As used in this section and §25.701(c), the term “use” means a
candidate appearance (including by voice or picture) that is not exempt
under paragraphs (b)(3)(i)(A) through (b)(3)(i)(D) of this section.
(iii) Timing of request. A request for equal opportunities must be submitted
to the DBS provider within 1 week of the day on which the first prior use
giving rise to the right of equal opportunities occurred: Provided, however,
That where the person was not a candidate at the time of such first prior
use, he or she shall submit his or her request within 1 week of the first
subsequent use after he or she has become a legally qualified candidate for
the office in question.
(iv) Burden of proof. A candidate requesting equal opportunities of the DBS
provider or complaining of noncompliance to the Commission shall have the
burden of proving that he or she and his or her opponent are legally
qualified candidates for the same public office.
(v) Discrimination between candidates. In making time available to
candidates for public office, no DBS provider shall make any discrimination
between candidates in practices, regulations, facilities, or services for or
in connection with the service rendered pursuant to this part, or make or
give any preference to any candidate for public office or subject any such
candidate to any prejudice or disadvantage; nor shall any DBS provider make
any contract or other agreement that shall have the effect of permitting any
legally qualified candidate for any public office to use DBS origination
programming to the exclusion of other legally qualified candidates for the
same public office.
(c) Candidate rates —(1) Charges for use of DBS facilities. The charges, if
any, made for the use of any DBS facility by any person who is a legally
qualified candidate for any public office in connection with his or her
campaign for nomination for election, or election, to such office shall not
exceed:
(i) During the 45 days preceding the date of a primary or primary runoff
election and during the 60 days preceding the date of a general or special
election in which such person is a candidate, the lowest unit charge of the
DBS provider for the same class and amount of time for the same period.
(A) A candidate shall be charged no more per unit than the DBS provider
charges its most favored commercial advertisers for the same classes and
amounts of time for the same periods. Any facility practices offered to
commercial advertisers that enhance the value of advertising spots must be
disclosed and made available to candidates upon equal terms. Such practices
include but are not limited to any discount privileges that affect the value
of advertising, such as bonus spots, time sensitive make goods, preemption
priorities, or any other factors that enhance the value of the announcement.
(B) The Commission recognizes non preemptible, preemptible with notice,
immediately preemptible and run of schedule as distinct classes of time.
(C) DBS providers may establish and define their own reasonable classes of
immediately preemptible time so long as the differences between such classes
are based on one or more demonstrable benefits associated with each class
and are not based solely upon price or identity of the advertiser. Such
demonstrable benefits include, but are not limited to, varying levels of
preemption protection, scheduling flexibility, or associated privileges,
such as guaranteed time sensitive make goods. DBS providers may not use
class distinctions to defeat the purpose of the lowest unit charge
requirement. All classes must be fully disclosed and made available to
candidates.
(D) DBS providers may establish reasonable classes of preemptible with
notice time so long as they clearly define all such classes, fully disclose
them and make them available to candidates.
(E) DBS providers may treat non preemptible and fixed position as distinct
classes of time provided that they articulate clearly the differences
between such classes, fully disclose them, and make them available to
candidates.
(F) DBS providers shall not establish a separate, premium priced class of
time sold only to candidates. DBS providers may sell higher priced non
preemptible or fixed time to candidates if such a class of time is made
available on a bona fide basis to both candidates and commercial
advertisers, and provided such class is not functionally equivalent to any
lower priced class of time sold to commercial advertisers.
(G) [Reserved]
(H) Lowest unit charge may be calculated on a weekly basis with respect to
time that is sold on a weekly basis, such as rotations through particular
programs or dayparts. DBS providers electing to calculate the lowest unit
charge by such a method must include in that calculation all rates for all
announcements scheduled in the rotation, including announcements aired under
long term advertising contracts. DBS providers may implement rate increases
during election periods only to the extent that such increases constitute
“ordinary business practices,” such as seasonal program changes or changes
in audience ratings.
(I) DBS providers shall review their advertising records periodically
throughout the election period to determine whether compliance with this
section requires that candidates receive rebates or credits. Where
necessary, DBS providers shall issue such rebates or credits promptly.
(J) Unit rates charged as part of any package, whether individually
negotiated or generally available to all advertisers, must be included in
the lowest unit charge calculation for the same class and length of time in
the same time period. A candidate cannot be required to purchase advertising
in every program or daypart in a package as a condition for obtaining
package unit rates.
(K) DBS providers are not required to include non cash promotional
merchandising incentives in lowest unit charge calculations; provided,
however, that all such incentives must be offered to candidates as part of
any purchases permitted by the system. Bonus spots, however, must be
included in the calculation of the lowest unit charge calculation.
(L) Make goods, defined as the rescheduling of preempted advertising, shall
be provided to candidates prior to election day if a DBS provider has
provided a time sensitive make good during the year preceding the pre
election periods, respectively set forth in paragraph (c)(1)(i) of this
section, to any commercial advertiser who purchased time in the same class.
(M) DBS providers must disclose and make available to candidates any make
good policies provided to commercial advertisers. If a DBS provider places a
make good for any commercial advertiser or other candidate in a more
valuable program or daypart, the value of such make good must be included in
the calculation of the lowest unit charge for that program or daypart.
(ii) At any time other than the respective periods set forth in paragraph
(c)(1)(i) of this section, DBS providers may charge legally qualified
candidates for public office no more than the charges made for comparable
use of the facility by commercial advertisers. The rates, if any, charged
all such candidates for the same office shall be uniform and shall not be
rebated by any means, direct or indirect. A candidate shall be charged no
more than the rate the DBS provider would charge for comparable commercial
advertising. All discount privileges otherwise offered by a DBS provider to
commercial advertisers must be disclosed and made available upon equal terms
to all candidates for public office.
(2) If a DBS provider permits a candidate to use its facilities, it shall
make all discount privileges offered to commercial advertisers, including
the lowest unit charges for each class and length of time in the same time
period and all corresponding discount privileges, available on equal terms
to all candidates. This duty includes an affirmative duty to disclose to
candidates information about rates, terms, conditions and all value
enhancing discount privileges offered to commercial advertisers, as provided
herein. DBS providers may use reasonable discretion in making the
disclosure; provided, however, that the disclosure includes, at a minimum,
the following information:
(i) A description and definition of each class of time available to
commercial advertisers sufficiently complete enough to allow candidates to
identify and understand what specific attributes differentiate each class;
(ii) A description of the lowest unit charge and related privileges (such as
priorities against preemption and make goods prior to specific deadlines)
for each class of time offered to commercial advertisers;
(iii) A description of the DBS provider's method of selling preemptible time
based upon advertiser demand, commonly known as the “current selling
level,” with the stipulation that candidates will be able to purchase at
these demand generated rates in the same manner as commercial advertisers;
(iv) An approximation of the likelihood of preemption for each kind of
preemptible time; and
(v) An explanation of the DBS provider's sales practices, if any, that are
based on audience delivery, with the stipulation that candidates will be
able to purchase this kind of time, if available to commercial advertisers.
(3) Once disclosure is made, DBS providers shall negotiate in good faith to
actually sell time to candidates in accordance with the disclosure.
(d) Political file. Each DBS provider shall keep and permit public
inspection of a complete and orderly political file and shall prominently
disclose the physical location of the file, and the telephonic and
electronic means to access the file.
(1) The political file shall contain, at a minimum:
(i) A record of all requests for DBS origination time, the disposition of
those requests, and the charges made, if any, if the request is granted. The
“disposition” includes the schedule of time purchased, when spots actually
aired, the rates charged, and the classes of time purchased; and
(ii) A record of the free time provided if free time is provided for use by
or on behalf of candidates.
(2) DBS providers shall place all records required by this section in a file
available to the public as soon as possible and shall be retained for a
period of four years until December 31, 2006, and thereafter for a period of
two years.
(3) DBS providers shall make available, by fax, e-mail, or by mail upon
telephone request, photocopies of documents in their political files and
shall assist callers by answering questions about the contents of their
political files. Provided, however, that if a requester prefers access by
mail, the DBS provider shall pay for postage but may require individuals
requesting documents to pay for photocopying. To the extent that a DBS
provider places its political file on its Web site, it may refer the public
to the Web site in lieu of mailing photocopies. Any material required by
this section to be maintained in the political file must be made available
to the public by either mailing or Web site access or both.
(e) Commercial limits in children's programs. (1) No DBS provider shall air
more than 10.5 minutes of commercial matter per hour during children's
programming on weekends, or more that 12 minutes of commercial matter per
hour on week days.
(2) This rule shall not apply to programs aired on a broadcast television
channel which the DBS provider passively carries, or to channels over which
the DBS provider may not exercise editorial control, pursuant to 47 U.S.C.
335(b)(3).
(3) DBS providers airing children's programming must maintain records
sufficient to verify compliance with this rule and make such records
available to the public. Such records must be maintained for a period
sufficient to cover the limitations period specified in 47 U.S.C.
503(b)(6)(B).
Note 1 to paragraph(e): Commercial matter means airtime sold for purposes of
selling a product or service.
Note 2 to paragraph(e): For purposes of this section, children's programming
refers to programs originally produced and broadcast primarily for an
audience of children 12 years old and younger.
(f) Carriage obligation for noncommercial programming—
(1) Reservation requirement. DBS providers shall reserve four percent of
their channel capacity exclusively for use by qualified programmers for
noncommercial programming of an educational or informational nature. Channel
capacity shall be determined annually by calculating, based on measurements
taken on a quarterly basis, the average number of channels available for
video programming on all satellites licensed to the provider during the
previous year. DBS providers may use this reserved capacity for any purpose
until such time as it is used for noncommercial educational or informational
programming.
(2) Qualified programmer. For purposes of these rules, a qualified
programmer is:
(i) A noncommercial educational broadcast station as defined in section
397(6) of the Communications Act of 1934, as amended,
(ii) A public telecommunications entity as defined in section 397(12) of the
Communications Act of 1934, as amended,
(iii) An accredited nonprofit educational institution or a governmental
organization engaged in the formal education of enrolled students (A
publicly supported educational institution must be accredited by the
appropriate state department of education; a privately controlled
educational institution must be accredited by the appropriate state
department of education or the recognized regional and national accrediting
organizations), or
(iv) A nonprofit organization whose purposes are educational and include
providing educational and instructional television material to such
accredited institutions and governmental organizations.
(v) Other noncommercial entities with an educational mission.
(3) Editorial control. (i) A DBS operator will be required to make capacity
available only to qualified programmers and may select among such
programmers when demand exceeds the capacity of their reserved channels.
(ii) A DBS operator may not require the programmers it selects to include
particular programming on its channels.
(iii) A DBS operator may not alter or censor the content of the programming
provided by the qualified programmer using the channels reserved pursuant to
this section.
(4) Non-commercial channel limitation. A DBS operator cannot initially
select a qualified programmer to fill more than one of its reserved channels
except that, after all qualified entities that have sought access have been
offered access on at least one channel, a provider may allocate additional
channels to qualified programmers without having to make additional efforts
to secure other qualified programmers.
(5) Rates, terms and conditions. (i) In making the required reserved
capacity available, DBS providers cannot charge rates that exceed costs that
are directly related to making the capacity available to qualified
programmers. Direct costs include only the cost of transmitting the signal
to the uplink facility and uplinking the signal to the satellite.
(ii) Rates for capacity reserved under paragraph (a) of this section shall
not exceed 50 percent of the direct costs as defined in this section.
(iii) Nothing in this section shall be construed to prohibit DBS providers
from negotiating rates with qualified programmers that are less than 50
percent of direct costs or from paying qualified programmers for the use of
their programming.
(iv) DBS providers shall reserve discrete channels and offer these to
qualifying programmers at consistent times to fulfill the reservation
requirement described in these rules.
(6) Public file. (i) In addition to the political file requirements in
§25.701(d), each DBS provider shall keep and permit public inspection of a
complete and orderly record of:
(A) Quarterly measurements of channel capacity and yearly average
calculations on which it bases its four percent reservation, as well as its
response to any capacity changes;
(B) A record of entities to whom noncommercial capacity is being provided,
the amount of capacity being provided to each entity, the conditions under
which it is being provided and the rates, if any, being paid by the entity;
(C) A record of entities that have requested capacity, disposition of those
requests and reasons for the disposition.
(ii) All records required by this paragraph shall be placed in a file
available to the public as soon as possible and shall be retained for a
period of two years.
(7) Effective date. DBS providers are required to make channel capacity
available pursuant to this section upon the effective date. Programming
provided pursuant to this rule must be available to the public no later than
six months after the effective date.
[ 69 FR 23157 , Apr. 28, 2004, as amended at 72 FR 50033 , Aug. 29, 2007]
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