Sec.  25.260   Time sharing between DoD meteorological satellite systems and
non-voice, non-geostationary satellite systems in the 400.15–401 MHz band.

   (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]