Sec.  25.140   Qualifications of fixed-satellite space station licensees.

   (a) New fixed-satellites shall comply with the requirements established in
   Report and Order, CC Docket No. 81–704 (available at address in  Sec. 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  Sec. 25.114; and

   (2) Except as set forth in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of
   this  section, all applicants must provide an interference analysis to
   demonstrate the compatibility of their proposed system two degrees 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) Except as described in paragraph (b)(5) of this section, an applicant
   for a license to operate a 17/24 GHz BSS space station that will be located
   precisely  at  one of the 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, 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 network with any current
   or future authorized space station in the 17/24 GHz BSS that complies with
   the technical rules in this part and that will be located at least four
   degrees from the proposed space station.

   (4) Except as described in paragraph (b)(5) of this section, an applicant
   for a license to operate a 17/24 GHz BSS space station that will not 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, must make one of the following showings:

   (i) In cases where there is no previously licensed or proposed space station
   to be located closer than four degrees from the applicant's space station,
   and the applicant seeks to operate pursuant to  Sec. 25.262(b) of this part, the
   applicant 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 network with any current or future
   authorized  space  stations in the 17/24 GHz BSS that are operating in
   compliance with the technical rules of this part and that will be located at
   least four degrees from the applicant's proposed space station;

   (ii) In cases where there is a previously licensed or proposed 17/24 GHz BSS
   space station to be located within four degrees of the applicant's proposed
   space station, the applicant must provide an interference analysis of the
   kind  described  in  paragraph (b)(2) of this section, except that the
   applicant must demonstrate that its proposed network will not cause more
   interference to the adjacent 17/24 GHz BSS satellite networks operating in
   compliance  with  the technical requirements of this part, than if the
   applicant were located at the precise Appendix F orbital location from which
   it seeks to offset;

   (iii) In cases where there is no previously licensed or proposed 17/24 GHz
   BSS space station to be located within four degrees of the applicant's
   proposed space station, and the applicant does not seek to operate pursuant
   to  Sec. 25.262(b) of this part, the applicant must provide an interference
   analysis of the kind described in paragraph (b)(2) of this section, except
   that the applicant must demonstrate that its proposed operations will not
   cause more interference to any current or future 17/24 GHz BSS satellite
   networks operating in compliance with the technical requirements of this
   part, than if the applicant were located at the precise Appendix F orbital
   location from which it seeks to offset.

   (5) An applicant for a license to operate a 17/24 GHz BSS space station, in
   cases  where  there is a previously licensed or proposed space station
   operating pursuant to  Sec. 25.262(b) of this part located within four degrees of
   the  applicant's proposed 17/24 GHz BSS space station, must provide an
   interference analysis of the kind described in paragraph (b)(2) of this
   section,  except that the applicant must demonstrate that its proposed
   operations will not cause more interference to the adjacent 17/24 GHz BSS
   satellite network than if the adjacent space station were located four
   degrees from the applicant's space station.

   (6) In addition to the requirements of paragraphs (b)(3), (b)(4), and (b)(5)
   of this section, the link budget for any satellite in the 17/24 GHz BSS must
   take  into  account  longitudinal stationkeeping tolerances and, where
   appropriate, any existing orbital location offsets from the 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 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) Operators of satellite networks using 17/24 GHz BSS space stations must
   design their satellite networks to be capable of operating with another
   17/24 GHz BSS space station as follows:

   (1) Except as described in paragraphs (b)(4)(ii) and (b)(4)(iii) of this
   section, all satellite network operators using 17/24 GHz BSS space stations
   must design their satellite networks to be capable of operating with another
   17/24 GHz BSS space station as close as four degrees away.

   (2) Satellite network operators located less than four degrees away from a
   space station to be operated pursuant to  Sec. 25.262(b) of this part must design
   their satellite networks to be capable of operating with that adjacent 17/24
   GHz BSS space station.

   (3) Satellite network operators using 17/24 GHz BSS space stations located
   at an orbital location other than those specified in Appendix F of the
   Report and Order adopted May 2, 2007, IB Docket No. 06–123, FCC 07–76, and
   that are not operating pursuant to  Sec. 25.262(b) of this part, must design
   their satellite networks to be capable of operating with another 17/24 GHz
   BSS  space  station  closer than four degrees away, as a result of the
   operator's offset position.

   (d)–(g) [Reserved]

   [ 62 FR 5929 , Feb. 10, 1997, as amended at  68 FR 51504 , Aug. 27, 2003;  72 FR 50028 , Aug. 29, 2007;  72 FR 60279 , Oct. 24, 2007]