§  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]