FCC 25.142 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
(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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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]
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