§  25.262   Licensing and domestic coordination requirements for 17/24 GHz
BSS space stations.

   (a) Except as described in paragraphs (b), (c) or (e) of this section,
   applicants seeking to operate a space station in the 17/24 GHz BSS must
   locate that space station at one of the orbital positions described in
   Appendix F of the Report and Order adopted May 2, 2007, IB Docket No.
   06-123, FCC 07-76.

   (b) An applicant may be authorized to operate a 17/24 GHz BSS space
   station at an orbital location described in Appendix F as set forth in
   paragraph (a) of this section, or at a location with a geocentric
   angular separation of one degree or less from an Appendix F location,
   and may operate at the maximum power flux density limits defined in
   § § 25.208(c) and (w) of this part, without coordinating its power flux
   density levels with adjacent licensed or permitted operators, only if
   there is no licensed 17/24 GHz BSS space station or prior-filed
   application at a location less than four degrees from the offset
   orbital location at which the applicant proposes to operate.

   (c)(1) Notwithstanding the provisions of this section, licensees and
   permittees will be allowed to apply for a license or authorization for
   a replacement satellite that will be operated at the same power level
   and interference protection as the satellite to be replaced.

   (2) In addition, applicants for licenses or authority for a satellite
   to be operated at an orbit location that was made available after a
   previous 17/24 GHz BSS license was cancelled or surrendered will be
   permitted to apply for authority to operate a satellite at the same
   power level and interference protection as the previous licensee at
   that orbit location, to the extent that their proposed operations are
   consistent with the provisions of this part. Such applications will be
   considered pursuant to the first-come, first-served procedures set
   forth in § 25.158 of this part.

   (d) Any U.S. licensee or permittee using a 17/24 GHz BSS space station
   that is located less than four degrees away from a prior-authorized
   17/24 GHz BSS space station that is authorized to operate in accordance
   with paragraph (b) of this section:

   (1) may not cause any more interference to the adjacent satellite
   network than would be caused if the adjacent 17/24 GHz BSS space
   station were located four degrees away from the proposed space station;
   and

   (2) must accept any increased interference that results from the
   adjacent space station network operating at the offset orbital location
   less than four degrees away.

   (e) Any 17/24 GHz BSS U.S. licensee or permittee that is required to
   provide information in its application pursuant to § § 25.140(b)(4)(ii)
   or (b)(4)(iii) of this part must accept any increased interference that
   may result from adjacent 17/24 GHz BSS space stations that are
   operating in compliance with the rules for this service.

   (f) Any 17/24 GHz BSS U.S. licensee or permittee that does not comply
   with the power flux-density limits set forth in § 25.208(w) of this
   part shall bear the burden of coordinating with any future co-frequency
   licensees and permittees of a 17/24 GHz BSS network under the following
   circumstances:

   (1) If the operator's space-to-Earth power flux-density levels exceed
   the power flux-density limits set forth in § 25.208(w) of this part by
   3 dB or less, the operator shall bear the burden of coordinating with
   any future operators proposing a 17/24 GHz BSS space station in
   compliance with power flux-density limits set forth in § 25.208(w) of
   this part and located within +-6 degrees of the operator's 17/24 GHz
   BSS space station.

   (2) If the operator's space-to-Earth power flux-density levels exceed
   the power flux-density limits set forth in § 25.208(w) of this part by
   more than 3 dB, the operator shall bear the burden of coordinating with
   any future operators proposing a 17/24 GHz BSS space station in
   compliance with power flux-density limits set forth in § 25.208(w) of
   this part and located within +-10 degrees of the operator's 17/24 GHz
   BSS space station.

   (3) If no good faith agreement can be reached, the operator of the
   17/24 GHz BSS satellite network that does not comply with § 25.208(w)
   of this part shall reduce its space-to-Earth power flux-density levels
   to be compliant with those specified in § 25.208(w) of this part.

   [ 72 FR 60280 , Oct. 24, 2007]