§  25.136   Licensing provisions for user transceivers in the 1.6/2.4 GHz,
1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.

   In addition to the technical requirements specified in § 25.213, earth
   stations operating in the 1.6/2.4 GHz and 1.5/1.6 GHz Mobile Satellite
   Services are subject to the following operating conditions:

   (a) User transceiver units associated with the 1.6/2.4 GHz
   Mobile-Satellite Service or 2 GHz Mobile-Satellite Service may not be
   operated on civil aircraft unless the earth station has a direct
   physical connection to the aircraft cabin or cockpit communication
   system.

   (b) No person without an FCC license for such operation may transmit to
   a space station in this service from anywhere in the United States
   except to receive service from the holder of a pertinent FCC blanket
   license or from another party with the permission of such a blanket
   licensee.

   (c) The holder of an FCC blanket license for operation of transceivers
   for communication via a 1.6/2.4 GHz, 1.5/1.6 GHz, or 2 GHz Mobile
   Satellite Service system shall be responsible for operation of any such
   transceiver to receive service provided by that licensee or provided by
   another party with the blanket licensee's consent. Operators of such
   satellite systems shall not transmit communications to or from user
   transceivers in the United States unless such communications are
   authorized under a service contract with the holder of a pertinent FCC
   blanket license for transceiver operation or under a service contract
   with another party with authority for such transmission delegated by
   such a blanket licensee.

   (d) Any mobile earth station (MES) associated with the Mobile Satellite
   Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz bands
   shall have the following minimum set of capabilities to ensure
   compliance with Footnote S5.353A and the priority and real-time
   preemption requirements imposed by Footnote US315.

   (1) All MES transmissions shall have a priority assigned to them that
   preserves the priority and preemptive access given to maritime distress
   and safety communications sharing the band.

   (2) Each MES with a requirement to handle maritime distress and safety
   data communications shall be capable of either:

   (i) Recognizing message and call priority identification when
   transmitted from its associated Land Earth Station (LES) or

   (ii) Accepting message and call priority identification embedded in the
   message or call when transmitted from its associated LES and passing
   the identification to shipboard data message processing equipment.

   (3) Each MES shall be assigned a unique terminal identification number
   that will be transmitted upon any attempt to gain access to a system.

   (4) After an MES has gained access to a system, the mobile terminal
   shall be under control of a LES and shall obtain all channel
   assignments from it.

   (5) All MESs that do not continuously monitor a separate signalling
   channel or signalling within the communications channel shall monitor
   the signalling channel at the end of each transmission.

   (6) Each MES shall automatically inhibit its transmissions if it is not
   correctly receiving separate signalling channel or signalling within
   the communications channel from its associated LES.

   (7) Each MES shall automatically inhibit its transmissions on any or
   all channels upon receiving a channel-shut-off command on a signalling
   or communications channel it is receiving from its associated LES.

   (8) Each MES with a requirement to handle maritime distress and safety
   communications shall have the capability within the station to
   automatically preempt lower precedence traffic.

   (e) Any Land Earth Station (LES) associated with the Mobile Satellite
   Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz bands
   shall have the following minimum set of capabilities to ensure that the
   MSS system complies with Footnote S5.353A and the priority and
   real-time preemption requirements imposed by Footnote US315. It should
   be noted that the LES operates in the Fixed-Satellite Service ("FSS")
   as a feeder-link for the MSS (Radio Regulations 71) and that the
   following capabilities are to facilitate the priority and preemption
   requirements. The FSS feeder-link stations fulfilling these MSS
   requirements shall not have any additional priority with respect to FSS
   stations operating with other FSS systems.

   (1) All LES transmissions to mobile earth stations (MESs) shall have a
   priority assigned to them that preserves the priority and preemptive
   access given to maritime distress and safety communications.

   (2) The LES shall recognize the priority of calls to and from MES and
   make channel assignments taking into account the priority access that
   is given to maritime distress and safety communications.

   (3) The LES shall be capable of receiving the MES identification number
   when transmitted and verifying that it is an authorized user of the
   system to prohibit unauthorized access.

   (4) The LES shall be capable of transmitting channel assignment
   commands to the MESs.

   (5) The communications channels used between the LES and the MES shall
   have provision for signalling within the voice/data channel, for an
   MES, which does not continuously monitor the LES signalling channel
   during the time of a call.

   (6) The LES shall transmit periodic control signalling signals to MES,
   which do not continuously monitor the LES signalling channel.

   (7) The LES shall automatically inhibit all transmissions to MESs to
   which it is not transmitting a signalling channel or signalling within
   the communications channel.

   (8) The LES shall be capable of transmitting channel-shut-off commands
   to the MESs on signalling or communications channels.

   (9) Each LES shall be capable of interrupting, and if necessary,
   preempting ongoing routine traffic from an MES in order to complete a
   maritime distress, urgency or safety call to that particular MES.

   (10) Each LES shall be capable of automatically turning off one or more
   of its associated channels in order to complete a maritime distress,
   urgency or safety call.

   (f) Incorporation of ancillary terrestrial component base station into
   an L-band mobile-satellite service system. Any licensee authorized to
   construct and launch an L-band mobile-satellite system may construct
   ancillary terrestrial component (ATC) base stations as defined in
   § 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.

   (g) 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 § § 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 § 25.147 and must have been granted ATC authority.

   (h) Aircraft. 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
   1626.5-1660.5 MHz and 1525-1559 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."

   [ 65 FR 59142 , Oct. 4, 2000, as amended at  67 FR 46604 , July 16, 2002;
    67 FR 51110 , Aug. 7, 2002;  68 FR 43645 , July 24, 2003;  68 FR 47858 ,
   Aug. 12, 2003;  69 FR 5710 , Feb. 6, 2004]