§ 25.115   Applications for earth station authorizations.

   (a)(1) Transmitting earth stations. Commission authorization must be
   obtained for authority to operate a transmitting earth station.
   Applications shall be filed electronically on FCC Form 312, Main Form
   and Schedule B, and include the information specified in § 25.130,
   except as set forth in paragraph (a)(2) of this section.

   (2) Applicants for licenses for transmitting earth stations in the FSS
   may file on FCC Form 312EZ if all of the following criteria are met:

   (i) The application is for a single station that will transmit to an
   FSS GSO space station, or stations, in the 5925-6425 MHz band, or for
   single or multiple stations that will transmit to an FSS GSO space
   station, or stations, in the 14.0-14.5 GHz, 28.35-28.6 GHz, and/or
   29.5-30.0 GHz band;

   (ii) The earth station(s) will not be installed or operated on ships,
   aircraft, or other moving vehicles;

   (iii) The application meets all relevant criteria in § 25.211 or § 25.212
   or includes information filed pursuant to paragraph (g)(1) of this
   section indicating that off-axis EIRP density from the proposed earth
   stations will not exceed relevant levels specified in § 25.138(a) or
   § 25.218;

   (iv) Operation of the proposed station has been successfully
   coordinated with terrestrial systems, if the station would transmit in
   the 5925-6425 MHz band;

   (v) The application includes an environmental impact statement pursuant
   to § 1.1311 of this chapter, if required;

   (vi) The applicant does not propose to communicate via
   non-U.S.-licensed space stations not on the Permitted Space Station
   List; and

   (vii) If the proposed station(s) will receive in the 18.3-18.8 GHz
   and/or 19.7-20.2 GHz bands, the applicant proposes to communicate only
   via satellites for which coordination has been completed pursuant to
   Footnote US334 of the U.S. Table of Frequency Allocations with respect
   to Federal Government systems authorized on a primary basis, under an
   agreement previously approved by the Commission and the National
   Telecommunications and Information Administration, and the applicant
   certifies that it will operate consistently with the agreement.

   (3) Unless the Commission orders otherwise, an application filed on FCC
   Form 312EZ in accordance with paragraph (a)(2) of this section will be
   deemed granted 35 days after the date of the public notice that the
   application has been accepted for filing, provided no objection is
   filed during the 30-day public notice period.

   (4) Applications for earth station authorizations must be filed in
   accordance with the pleading limitations, periods and other applicable
   provisions of § § 1.41 through 1.52 of this chapter, except that such
   earth station applications must be filed electronically through the
   International Bureau Filing System (IBFS) in accordance with the
   applicable provisions of part 1, subpart Y of this chapter;

   (b) Receive-only earth stations. Applications to license or register
   receive only earth stations shall be filed on FCC Form 312, Main Form
   and Schedule B, and conform to the provisions of § 25.131.

   (c)(1) GSO FSS earth stations in 10.7-12.2 GHz or 14-14.5 GHz. A
   blanket license application for operation in the 10.7-12.2 GHz or
   14-14.5 GHz bands may be filed on FCC Form 312 or Form 312EZ, with a
   Schedule B for each large (5 meters or larger) hub station antenna and
   each representative type of small antenna (less than 5 meters)
   operating within the network; however, blanket licensing in the
   10.7-11.7 GHz band is on an unprotected basis with respect to the fixed
   service.

   (i) Applications to license networks of earth stations operating in the
   11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating authority
   that meet the requirements of § 25.212(c) or § 25.218(e) or (f) will be
   routinely processed.

   (ii) Applications to license networks of earth stations operating in
   the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating
   authority that do not meet the requirements of § 25.212(c) or § 25.218(e)
   or (f) must comply with the requirements in § 25.220 and must be filed
   on FCC Form 312 with a Schedule B for each large (5 meters or larger)
   hub station antenna and each representative type of small antenna (less
   than 5 meters) operating within the network.

   (2) Networks of earth stations operating in the 3700-4200 MHz and
   5925-6425 MHz bands. Applications to license networks of earth stations
   operating in the 3700-4200 MHz and 5925-6425 MHz bands must be filed
   electronically on FCC Form 312, Main Form and Schedule B. Applications
   will be routinely processed provided that frequency coordination has
   been satisfactorily completed and that the proposed earth stations
   comply with the applicable provisions in § 25.211(d) or § 25.212(d).
   Alternatively, applicants that have satisfactorily completed frequency
   coordination may be routinely processed if the proposed earth stations
   comply with the applicable off-axis EIRP density limits in § 25.218(c)
   or (d).

   (i) For earth station antennas operating with power levels not
   consistent with the applicable provisions in § 25.211(d) or § 25.212(d),
   or with EIRP density levels not consistent with those specified in
   § 25.218(c) or (d), the applicant must file an initial lead application
   providing a detailed overview of the complete network. Such lead
   applications must fully identify the scope and nature of the service to
   be provided, as well as the complete technical details of each
   representative type of antenna that will operate within the network.
   Such lead applications for a single system must identify:

   (A) No more than three discrete geostationary satellites to be
   accessed;

   (B) The amount of frequency bandwidth sought, up to a maximum of 20 MHz
   of spectrum in each direction at each of the satellites (The same 20
   MHz of uplink and 20 MHz of downlink spectrum at each satellite would
   be accessible by all earth stations in the system. The 20 MHz of uplink
   and 20 MHz of downlink spectrum need not be the same at each satellite
   location);

   (C) The maximum number of earth station sites;

   (ii) Following the issuance of a license for the lead application, the
   licensee shall notify the Commission of the complete technical
   parameters of each individual earth station site before that site is
   bought into operation under the lead authorization. Full frequency
   coordination of each individual site (e.g., for each satellite and the
   spectrum associated therewith) shall be completed prior to filing
   Commission notification. The coordination must be conducted in
   accordance with § 25.203. Such notification shall be done by electronic
   filing and shall be consistent with the technical parameters of
   Schedule B of FCC Form 312.

   (iii) Following successful coordination of such an earth station, if
   the earth station operator does not file a lead application or a
   Schedule B within six months after it successfully completes
   coordination, it will be assumed that such frequency use is no longer
   desired, unless a second notification has been received within ten days
   prior to the end of the six month period. Such renewal notifications
   must be sent to all parties concerned. If the lead application or
   Schedule B, or renewal notification, is not timely received, the
   coordination will lapse and the licensee must re-coordinate the
   relevant earth stations if it still wishes to bring them into
   operation.

   (iv) Operation of each individual site may commence immediately after
   the public notice is released that identifies the notification sent to
   the Commission and if the requirements of paragraph (c)(2)(vi) of this
   section are met. Continuance of operation of each station for the
   duration of the lead license term shall be dependent upon successful
   completion of the normal public notice process. If any objections are
   received to the new station prior to the end of the 30 day comment
   period of the Public Notice, the licensee shall immediately cease
   operation of those particular stations until the coordination dispute
   is resolved and the licensee informs the Commission of the resolution.
   If the requirements of paragraph (c)(2)(vi) of this section are not
   met, operation may not commence until the Commission issues the public
   notice acting on the terminal authorization.

   (v) Each licensee shall annually provide the Commission an updated list
   of all operational earth stations in its system. The annual list shall
   also include a list of all earth stations deactivated during the year
   and identification of the satellites providing service to the network
   as of the date of the report.

   (vi) Conditional authorization. (A) An applicant for a new radio
   station or modification of an existing station authorized under
   paragraph (c)(2)(i) of this section in the 3700-4200; or 5925-6425 MHz
   bands may operate the proposed station during the pendency of its
   application after the release of the public notice accepting the
   notification for filing that complies with paragraph (c)(2)(ii) of this
   section. The applicant, however, must first certify that the following
   conditions are satisfied:

   (1) The frequency coordination procedures of § 25.203 have been
   successfully completed;

   (2) The antenna structure has been previously studied by the Federal
   Aviation Administration and determined to pose no hazard to aviation
   safety as required by subpart B of part 17 of this chapter; or the
   antenna or tower structure does not exceed 6.1 meters above ground
   level or above an existing man-made structure (other than an antenna
   structure), if the antenna or tower has not been previously studied by
   the Federal Aviation Administration and cleared by the FCC;

   (3) The grant of the application(s) does not require a waiver of the
   Commission's rules (with the exception of a request for waiver
   pertaining to fees);

   (4) The applicant has determined that the facility(ies) will not
   significantly affect the environment as defined in § 1.1307 of this
   chapter after complying with any applicable environmental notification
   procedures specified in § 17.4(c) of this chapter.

   (5) The station site does not lie within 56.3 kilometers of any
   international border or within a radio “Quiet Zone” identified in
   § 1.924 of this chapter; and

   (6) The filed application is consistent with the proposal that was
   coordinated pursuant to § 25.251.

   (B) Conditional authority ceases immediately if the Schedule B is
   returned by the Commission because it is not accepted for filing.

   (C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A)
   and (c)(2)(vi)(B) of this section is evidenced by retaining a copy of
   the Schedule B notification with the station records. Conditional
   authorization does not prejudice any action the Commission may take on
   the subject application(s) or the Schedule B notifications.

   (D) Conditional authority is accepted with the express understanding
   that such authority may be modified or cancelled by the Commission at
   any time without hearing if, in the Commission's discretion, the need
   for such action arises. An applicant operating pursuant to this
   conditional authority assumes all risks associated with such operation,
   the termination or modification of the conditional authority, or the
   subsequent dismissal or denial of its application(s).

   (E) The copy of the Schedule B notification form must be posted at each
   station operating pursuant to this section.

   (vii) Period of construction. Construction of each earth station must
   be completed and the station must be brought into regular operation
   within twelve months from the date that action is taken to authorize
   that station to operate under the lead authorization, except as may be
   otherwise determined by the Commission for any particular application.

   (3) Networks of earth stations operating in the 18.3-18.8 GHz,
   19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30 GHz bands with
   U.S.-licensed or non-U.S.-licensed satellites for domestic or
   international services.

   (i) Applications to license networks of earth stations that will
   transmit digitally modulated signals to GSO space stations in the
   28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating
   authority must be filed on FCC Form 312, or Form 312EZ if available,
   with a Schedule B for each large (5 meters or larger) hub station
   antenna and each representative type of small antenna (less than 5
   meters) operating within the network and may be routinely processed if
   the criteria in paragraphs (c)(3)(i)(A) and (B) of this section are
   met:

   (A) The applicant certifies pursuant to § 25.132(a)(1) that the off-axis
   gain of transmitting antennas in the network will not exceed the
   relevant levels specified in § 25.209(a) and (b) and the power spectral
   density of any digitally modulated carrier into any transmitting earth
   station antenna in the proposed network will not exceed 3.5 dBW/MHz as
   specified in § 25.212(e).

   (B) The application includes information filed pursuant to paragraph
   (g)(1) of this section indicating that off-axis EIRP density from the
   proposed earth stations will not exceed relevant routine levels
   specified in § 25.138(a).

   (ii) Applications to license networks of earth stations operating in
   the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating
   authority that do not meet the requirements of § 25.212(e) or § 25.138(a)
   must comply with the requirements in § 25.220 and must be filed on FCC
   Form 312 with a Schedule B for each large (5 meters or larger) hub
   station antenna and each representative type of small antenna (less
   than 5 meters) operating within the network.

   (d) Mobile-Satellite Service user transceivers need not be individually
   licensed. Service vendors may file blanket applications for such
   transceivers using FCC Form 312, Main Form and Schedule B, specifying
   the number of units to be covered by the blanket license. A blanket
   license application for 1.5/1.6 GHz MSS user transceivers must include
   an explanation of how the applicant will comply with the priority and
   preemptive access requirements in § 25.287.

   (e) GSO FSS earth stations in 17.8-30 GHz. (1) An application for a GSO
   FSS earth station license in the 17.8-19.4 GHz, 19.6-20.2 GHz,
   24.75-25.25 GHz, 27.5-29.1 GHz, or 29.25-30 GHz bands not filed on FCC
   Form 312EZ pursuant to paragraph (a)(2) of this section must be filed
   on FCC Form 312, Main Form and Schedule B, and must include any
   information required by paragraph (g) or (j) of this section or by
   § 25.130.

   (2) An applicant may request authority for operation of GSO FSS earth
   stations in the 17.8-19.4 GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, and
   29.25-30 GHz bands without specifying the location of user terminals
   but must specify the geographic area(s) in which they will operate and
   the location of hub and/or gateway stations; however, blanket licensing
   in the 17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz bands is on an
   unprotected basis with respect to the fixed service.

   (f) NGSO FSS earth stations in 10.7-29.1 GHz. (1) An application for an
   NGSO FSS earth station license in the 10.7-29.1 GHz band must include
   the certification described in § 25.146(a)(2).

   (2) Individual or blanket license applications may be filed for
   operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4
   GHz, 19.6-20.2 GHz, or 28.35-29.1 GHz bands; however, blanket licensing
   in the 10.7-11.7 GHz, 17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz
   bands is on an unprotected basis with respect to the fixed service.

   (3) Individual license applications only may be filed for operation in
   the 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.75-14 GHz, or 27.5-28.35 GHz
   bands.

   (g) Applications for earth stations that will transmit to GSO space
   stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz,
   24.75-25.25 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz bands must include,
   in addition to the particulars of operation identified on FCC Form 312
   and associated Schedule B, the information specified in either
   paragraph (g)(1) or (g)(2) of this section for each earth station
   antenna type.

   (1) Specification of off-axis EIRP density calculated from measurements
   made consistent with the requirements in § 25.132(b)(1), in accordance
   with the following requirements. For purposes of this rule, the
   “off-axis angle” is the angle in degrees from a line between an earth
   station antenna and the target satellite.

   (i) A plot of maximum co-polarized EIRP density in the plane tangent to
   the GSO arc at off-axis angles from minus 180�° to plus 180�°;

   (ii) A plot of maximum co-polarized EIRP density in the plane tangent
   to the GSO arc at off-axis angles from minus 10�° to plus 10�°;

   (iii) A plot of maximum co-polarized EIRP density in the plane
   perpendicular to the GSO arc at off-axis angles from 0�° to plus 30�°;

   (iv) A plot of maximum cross-polarized EIRP density in the plane
   tangent to the GSO arc at off-axis angles from minus 7�° to plus 7�°;

   (v) A plot of maximum cross-polarized EIRP density in the plane
   perpendicular to the GSO arc at off-axis angles from minus 7�° to plus
   7�°;

   (vi) For antennas for which gain measurements are made pursuant to
   § 25.132(b)(1)(iv), the EIRP density plots specified in paragraphs
   (g)(1)(i) through (v) of this section must be provided over the
   specified angular ranges in two orthogonal planes, one of which is
   tangent to the GSO arc and with the antenna operating at its maximum
   skew angle, which the applicant must specify.

   (vii) The relevant off-axis EIRP density envelopes in § 25.138, § 25.218,
   § 25.221, § 25.222, § 25.226, or § 25.227 must be superimposed on plots
   submitted pursuant to paragraphs (g)(1)(i) through (vi) of this
   section.

   (viii) The showing must include a supplemental table for each off-axis
   angular range in which the relevant EIRP density envelope will be
   exceeded, specifying angular coordinates in degrees off-axis and
   corresponding calculated off-axis EIRP density at 0.2�° increments over
   the angular range in which the routine envelope will be exceeded and
   one degree on each side of that range.

   (2) An applicant that certifies pursuant to § 25.132(a)(1) that a
   proposed antenna's measured gain pattern conforms to relevant standards
   in § 25.209(a) and (b) and that input power density to the antenna will
   not exceed the relevant limit in § 25.211 or § 25.212 need not provide a
   showing pursuant to paragraph (g)(1) of this section for operation with
   that antenna.

   (h) [Reserved]

   (i) An earth station applicant filing an application for a
   blanket-licensed earth station network made up of FSS earth stations
   and planning to use a contention protocol must include in its
   application a certification that its contention protocol usage will be
   reasonable.

   (j) An application for a new fixed earth station or modification
   involving alteration of the overall height of one or more existing
   earth station antenna structures must include the FCC Antenna Structure
   Registration Number(s) for the antenna structure(s), if assigned. If no
   such number has been assigned, the application must state whether prior
   FAA notification is required by part 17 of this chapter and, if so,
   whether the applicant or owner of the structure has notified the FAA of
   the proposed construction or alteration and applied for an Antenna
   Structure Registration Number in accordance with part 17 of this
   chapter. Applicants who maintain that prior FAA notification is not
   required for construction or alteration of a structure with overall
   height more than 6.1 meters above ground level must explain in the
   application why such prior notification is not required.

   (k)(1) Applicants for FSS earth stations that qualify for routine
   processing in the conventional or extended C-bands, the conventional or
   extended Ku-bands, the conventional Ka-band, or the 24.75-25.25 GHz
   band, including ESV applications filed pursuant to § 25.222(a)(1) or
   (a)(3), VMES applications filed pursuant to § 25.226(a)(1) or (a)(3),
   and ESAA applications filed pursuant to § 25.227(a)(1) or (a)(3), may
   designate the Permitted Space Station List as a point of communication.
   Once such an application is granted, the earth station operator may
   communicate with any space station on the Permitted Space Station List,
   provided that the operation is consistent with the technical parameters
   and conditions in the earth station license and any limitations placed
   on the space station authorization or noted in the Permitted Space
   Station List.

   (2) Notwithstanding paragraph (k)(1) of this section, the operator of
   an earth station that qualifies for routine processing in the
   conventional Ka-band may not communicate with a space station on the
   Permitted Space Station List in the 18.3-18.8 GHz or 19.7-20.2 GHz band
   until the space station operator has completed coordination under
   Footnote US334 to § 2.106 of this chapter.

   [ 62 FR 5928 , Feb. 10, 1997]

   Editorial Note: For Federal Register citations affecting § 25.115, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and at www.fdsys.gov.

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