Sec.  25.143   Licensing provisions for the 1.6/2.4 GHz mobile-satellite service
and 2 GHz mobile-satellite service.

   (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  Sec. 25.114. Non-U.S. licensed systems
   shall comply with the provisions of  Sec. 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  Sec. 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  Sec. 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  Sec.  Sec. 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  Sec. 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]