§ 25.227   Blanket licensing provisions for ESAAs operating with GSO FSS space
stations in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz, and 14.0-14.5
GHz bands.

   (a) The following ongoing requirements govern all ESAA licensees and
   operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz
   (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz
   (Earth-to-space) frequency bands receiving from and transmitting to
   geostationary orbit satellites in the Fixed-Satellite Service. ESAA
   licensees shall comply with the requirements in either paragraph
   (a)(1), (a)(2) or (a)(3) of this section and all of the requirements
   set forth in paragraphs (a)(4) through (a)(16) and paragraphs (c), (d),
   and (e) of this section. Paragraph (b) of this section identifies items
   that shall be included in the application for ESAA operations to
   demonstrate that these ongoing requirements will be met.

   (1) The following requirements shall apply to an ESAA that uses
   transmitters with off-axis EIRP spectral-densities lower than or equal
   to the levels in paragraph (a)(1)(i) of this section. ESAA licensees
   operating under this section shall provide a detailed demonstration as
   described in paragraph (b)(1) of this section. The ESAA transmitter
   also shall comply with the antenna pointing and cessation of emission
   requirements in paragraphs (a)(1)(ii) and (iii) of this section.

   (i)(A) EIRP spectral density emitted in the plane tangent to the GSO
   arc, as defined in § 25.103, must not exceed the following values:

   15-25 log10θ dBW/4 kHz for 1.5�° ≤ θ ≤ 7�°.
   −6           dBW/4 kHz for 7�° < θ ≤ 9.2�°.
   18-25 log10θ dBW/4 kHz for 9.2�° < θ ≤ 19.1�°.
   −14          dBW/4 kHz for 19.1�° < θ ≤ 180�°.

   Where theta (θ) is the angle in degrees from a line from the earth
   station antenna to the assigned orbital location of the target
   satellite. The EIRP density levels specified for θ > 7�° may be exceeded
   by up to 3 dB in up to 10% of the range of theta (θ) angles from
   ±7-180�°, and by up to 6 dB in the region of main reflector spillover
   energy.

   (B) The EIRP spectral density of co-polarized signals must not exceed
   the following values in the plane perpendicular to the GSO arc, as
   defined in § 25.103:

   18-25 logθ dBW/4 kHz for 3.0�° ≤ θ ≤ 19.1�°.
   −14        dBW/4 kHz for 19.1�° < θ ≤ 180�°.

   Where θ is as defined in paragraph (a)(1)(i)(A) of this section. These
   EIRP density levels may be exceeded by up to 6 dB in the region of main
   reflector spillover energy and in up to 10% of the range of θ angles
   not included in that region, on each side of the line from the earth
   station to the target satellite.

   (C) The off-axis EIRP spectral-density of cross-polarized signals must
   not exceed the following values in the plane tangent to the GSO arc or
   in the plane perpendicular to the GSO arc:

   5-25 log10θ dBW/4 kHz for 1.8�° < θ ≤ 7�°.

   Where θ is as defined in paragraph (a)(1)(i)(A) of this section.

   (ii) Each ESAA transmitter shall meet one of the following antenna
   pointing requirements:

   (A) Each ESAA transmitter shall maintain a pointing error of less than
   or equal to 0.2�° between the orbital location of the target satellite
   and the axis of the main lobe of the ESAA antenna; or

   (B) Each ESAA transmitter shall declare a maximum antenna pointing
   error that may be greater than 0.2�° provided that the ESAA does not
   exceed the off-axis EIRP spectral-density limits in paragraph (a)(1)(i)
   of this section, taking into account the antenna pointing error.

   (iii) Each ESAA transmitter shall meet one of the following cessation
   of emission requirements:

   (A) For ESAAs operating under paragraph (a)(1)(ii)(A) of this section,
   all emissions from the ESAA shall automatically cease within 100
   milliseconds if the angle between the orbital location of the target
   satellite and the axis of the main lobe of the ESAA antenna exceeds
   0.5�°, and transmission shall not resume until such angle is less than
   or equal to 0.2�°, or

   (B) For ESAA transmitters operating under paragraph (a)(1)(ii)(B) of
   this section, all emissions from the ESAA shall automatically cease
   within 100 milliseconds if the angle between the orbital location of
   the target satellite and the axis of the main lobe of the ESAA antenna
   exceeds the declared maximum antenna pointing error and shall not
   resume transmissions until such angle is less than or equal to the
   declared maximum antenna pointing error.

   (2) The following requirements apply to ESAA systems that operate with
   off-axis EIRP spectral-densities in excess of the levels in paragraph
   (a)(1)(i) or (a)(3)(i) of this section under licenses granted based on
   certifications filed pursuant to paragraph (b)(2) of this section.

   (i) An ESAA or ESAA system licensed based on certifications filed
   pursuant to paragraph (b)(2) of this section must operate in accordance
   with the off-axis EIRP density specifications provided to the target
   satellite operator in order to obtain the certifications.

   (ii) Any ESAA transmitter operating under a license granted based on
   certifications filed pursuant to paragraph (b)(2) of this section must
   be self-monitoring and capable of shutting itself off and must cease or
   reduce emissions within 100 milliseconds after generating off-axis
   EIRP-density in excess of the specifications supplied to the target
   satellite operator.

   (iii) A system with variable power control of individual ESAA
   transmitters must monitor the aggregate off-axis EIRP density from
   simultaneously transmitting ESAA transmitters at the system's network
   control and monitoring center. If simultaneous operation of two or more
   ESAA transmitters causes aggregate off-axis EIRP density to exceed the
   off-axis EIRP density specifications supplied to the target satellite
   operator, the network control and monitoring center must command those
   transmitters to cease emissions or reduce the aggregate EIRP density to
   a level at or below those specifications, and the transmitters must
   comply within 100 milliseconds of receiving the command.

   (3) The following requirements apply to an ESAA system that uses
   variable power-density control of individual ESAA earth stations
   transmitting simultaneously in the same frequencies to the same target
   satellite, unless the system operates pursuant to paragraph (a)(2) of
   this section.

   (i) Aggregate EIRP density from co-frequency earth stations in each
   target satellite receiving beam, not resulting from colliding data
   bursts transmitted pursuant to a contention protocol, will not exceed
   the limits specified in paragraph (a)(1)(i) of this section.

   (ii) Each ESAA transmitter must be self-monitoring and capable of
   shutting itself off and must cease or reduce emissions within 100
   milliseconds after generating off-axis EIRP density in excess of the
   limit in paragraph (a)(3)(i) of this section.

   (iii) A system with variable power control of individual ESAA
   transmitters must monitor aggregate power density from simultaneously
   transmitting ESAA transmitters at the network control and monitoring
   center. If simultaneous operation of two or more transmitters causes
   aggregate off-axis EIRP density to exceed the off-axis EIRP density
   limit in paragraph (a)(3)(i) of this section, the network control and
   monitoring center must command those transmitters to cease emissions or
   reduce the aggregate EIRP density to a level at or below that limit,
   and those transmitters must comply within 100 milliseconds of receiving
   the command.

   (4) An applicant filing to operate an ESAA terminal or system and
   planning to use a contention protocol shall certify that its contention
   protocol use will be reasonable.

   (5) There shall be a point of contact in the United States, with phone
   number and address, available 24 hours a day, seven days a week, with
   authority and ability to cease all emissions from the ESAA.

   (6) For each ESAA transmitter, a record of the vehicle location (i.e.,
   latitude/longitude/altitude), transmit frequency, channel bandwidth and
   satellite used shall be time annotated and maintained for a period of
   not less than one year. Records shall be recorded at time intervals no
   greater than one (1) minute while the ESAA is transmitting. The ESAA
   operator shall make this data available, in the form of a comma
   delimited electronic spreadsheet, within 24 hours of a request from the
   Commission, NTIA, or a frequency coordinator for purposes of resolving
   harmful interference events. A description of the units (i.e., degrees,
   minutes, MHz *  *  *.) in which the records values are recorded will be
   supplied along with the records.

   (7) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz
   (space-to-Earth) frequency bands ESAAs shall not claim protection from
   interference from any authorized terrestrial stations to which
   frequencies are either already assigned, or may be assigned in the
   future.

   (8) An ESAA terminal receiving in the 11.7-12.2 GHz (space-to-Earth)
   bands shall receive protection from interference caused by space
   stations other than the target space station only to the degree to
   which harmful interference would not be expected to be caused to an
   earth station employing an antenna conforming to the referenced
   patterns defined in paragraphs (a) and (b) of section 25.209 and
   stationary at the location at which any interference occurred.

   (9) Each ESAA terminal shall automatically cease transmitting within
   100 milliseconds upon loss of reception of the satellite downlink
   signal or when it detects that unintended satellite tracking has
   happened or is about to happen.

   (10) Each ESAA terminal should be subject to the monitoring and control
   by an NCMC or equivalent facility. Each terminal must be able to
   receive at least “enable transmission” and “disable transmission”
   commands from the NCMC and must automatically cease transmissions
   immediately on receiving any “parameter change command,” which may
   cause harmful interference during the change, until it receives an
   “enable transmission” command from its NCMC. In addition, the NCMC must
   be able to monitor the operation of an ESAA terminal to determine if it
   is malfunctioning.

   (11) Each ESAA terminal shall be self-monitoring and, should a fault
   which can cause harmful interference to FSS networks be detected, the
   terminal must automatically cease transmissions.

   (12) Unless otherwise stated all ESAA system that comply with the
   off-axis EIRP spectral-density limits in paragraph (a)(1)(i) of this
   section may request Permitted List authority.

   (13) ESAA providers operating in the international airspace within
   line-of-sight of the territory of a foreign administration where fixed
   service networks have primary allocation in this band, the maximum
   power flux density (pfd) produced at the surface of the Earth by
   emissions from a single aircraft carrying an ESAA terminal should not
   exceed the following values unless the foreign Administration has
   imposed other conditions for protecting its fixed service stations:
   -132 + 0.5 · θ dB(W/(m^2 · MHz)) For θ ≤40�°
   -112           dB(W/(m^2 · MHz)) For 40�° <θ ≤90�°

   Where: θ is the angle of arrival of the radio-frequency wave (degrees
   above the horizontal) and the aforementioned limits relate to the pfd
   and angles of arrival would be obtained under free-space propagation
   conditions.

   (14) All ESAA terminals operated in U.S. airspace, whether on
   U.S.-registered civil aircraft or non-U.S.-registered civil aircraft,
   must be licensed by the Commission. All ESAA terminals on
   U.S.-registered civil aircraft operating outside of U.S. airspace must
   be licensed by the Commission, except as provided by section 303(t) of
   the Communications Act.

   (15) For ESAA systems operating over international waters, ESAA
   operators will certify that their target space station operators have
   confirmed that proposed ESAA operations are within coordinated
   parameters for adjacent satellites up to 6 degrees away on the
   geostationary arc.

   (16) Prior to operations within the foreign nation's airspace, the ESAA
   operator will ascertain whether the relevant administration has
   operations that could be affected by ESAA terminals, and will determine
   whether that administration has adopted specific requirements
   concerning ESAA operations. When the aircraft enters foreign airspace,
   the ESAA terminal would be required to operate under the Commission's
   rules, or those of the foreign administration, whichever is more
   constraining. To the extent that all relevant administrations have
   identified geographic areas from which ESAA operations would not affect
   their radio operations, ESAA operators would be free to operate within
   those identified areas without further action. To the extent that the
   foreign administration has not adopted requirements regarding ESAA
   operations, ESAA operators would be required to coordinate their
   operations with any potentially affected operations.

   (b) Applications for ESAA operation in the 14.0-14.5 GHz
   (Earth-to-space) band to GSO satellites in the FSS shall include, in
   addition to the particulars of operation identified on FCC Form 312,
   and associated Schedule B, the applicable technical demonstrations in
   paragraphs (b)(1), (b)(2), or (b)(3), and the documentation identified
   in paragraphs (b)(4) through (b)(8) of this section.

   (1) An ESAA applicant proposing to implement a transmitter under
   paragraph (a)(1) of this section must provide the information required
   by § 25.115(g)(1). An applicant proposing to implement a transmitter
   under paragraph (a)(1)(ii)(A) of this section must also provide the
   certifications identified in paragraph (b)(1)(iii) of this section. An
   applicant proposing to implement a transmitter under paragraph
   (a)(1)(ii)(B) of this section must also provide the demonstrations
   identified in paragraph (b)(1)(iv) of this section.

   (i)-(ii) [Reserved]

   (iii) An ESAA applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(A) of this section shall:

   (A) Demonstrate that the total tracking error budget of their antenna
   is within 0.2�° or less between the orbital location of the target
   satellite and the axis of the main lobe of the ESAA antenna. As part of
   the engineering analysis, the ESAA applicant must show that the antenna
   pointing error is within three sigma (б) from the mean value, i.e.,
   that there is a 0.997 probability the antenna maintains a pointing
   error within 0.2�°; and

   (B) Demonstrate that the antenna tracking system is capable of ceasing
   emissions within 100 milliseconds if the angle between the orbital
   location of the target satellite and the axis of the main lobe of the
   ESAA antenna exceeds 0.5�°.

   (iv) An ESAA applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(B) of this section shall:

   (A) Declare, in its application, a maximum antenna pointing error and
   demonstrate that the maximum antenna pointing error can be achieved
   without exceeding the off-axis EIRP spectral-density limits in
   paragraph (a)(1)(i) of this section; and

   (B) Demonstrate that the ESAA transmitter can detect if the transmitter
   exceeds the declared maximum antenna pointing error and can cease
   transmission within 100 milliseconds if the angle between the orbital
   location of the target satellite and the axis of the main lobe of the
   ESAA antenna exceeds the declared maximum antenna pointing error, and
   will not resume transmissions until the angle between the orbital
   location of the target satellite and the axis of the main lobe of the
   ESAA antenna is less than or equal to the declared maximum antenna
   pointing error.

   (2) An ESAA applicant proposing to operate with off-axis EIRP density
   in excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this
   section must provide the following in exhibits to its earth station
   application:

   (i) Off-axis EIRP density data pursuant to § 25.115(g)(1);

   (ii) The certifications required by § 25.220(d); and

   (iii) A detailed showing that each ESAA transmitter in the system will
   automatically cease or reduce emissions within 100 milliseconds after
   generating EIRP density exceeding specifications provided to the target
   satellite operator; and

   (iv) A detailed showing that the aggregate power density from
   simultaneously transmitting ESAA transmitters will be monitored at the
   system's network control and monitoring center; that if simultaneous
   operation of two or more ESAA transmitters causes the aggregate
   off-axis EIRP density to exceed the off-axis EIRP density
   specifications supplied to the target satellite operator, the network
   control and monitoring center will command those transmitters to cease
   emissions or reduce the aggregate EIRP density to a level at or below
   those specifications; and that those transmitters will comply within
   100 milliseconds of receiving the command.

   (3) An applicant proposing to implement an ESAA system subject to
   paragraph (a)(3) of this section must provide the following information
   in exhibits to its earth station application:

   (i) Off-axis EIRP density data pursuant to § 25.115(g)(1);

   (ii) A detailed showing of the measures that will be employed to
   maintain aggregate EIRP density at or below the limit in paragraph
   (a)(3)(i) of this section;

   (iii) A detailed showing that each ESAA terminal will automatically
   cease or reduce emissions within 100 milliseconds after generating
   off-axis EIRP density exceeding the limit in paragraph (a)(3)(i) of
   this section; and

   (iv) A detailed showing that the aggregate power density from
   simultaneously transmitting ESAA transmitters will be monitored at the
   system's network control and monitoring center; that if simultaneous
   operation of two or more transmitters in the ESAA network causes
   aggregate off-axis EIRP density to exceed the off-axis density limit in
   paragraph (a)(3)(i) of this section, the network control and monitoring
   center will command those transmitters to cease emissions or reduce the
   aggregate EIRP density to a level at or below that limit; and that
   those transmitters will comply within 100 milliseconds of receiving the
   command.

   (4) There shall be an exhibit included with the application describing
   the geographic area(s) in which the ESAA will operate.

   (5) Any ESAA applicant filing for an ESAA terminal or system and
   planning to use a contention protocol shall include in its application
   a certification that will comply with the requirements of paragraph
   (a)(4) of this section.

   (6) The point of contact referred to in paragraph (a)(5) of this
   section shall be included in the application.

   (7) Any ESAA applicant filing for an ESAA terminal or system shall
   include in its application a certification that will comply with the
   requirements of paragraphs (a)(6), (a)(9), (a)(10), and (a)(11) of this
   section.

   (8) All ESAA applicants shall submit a radio frequency hazard analysis
   determining via calculation, simulation, or field measurement whether
   ESAA terminals, or classes of terminals, will produce power densities
   that will exceed the Commission's radio frequency exposure criteria.
   ESAA applicants with ESAA terminals that will exceed the guidelines in
   § 1.1310 of this chapter for radio frequency radiation exposure shall
   provide, with their environmental assessment, a plan for mitigation of
   radiation exposure to the extent required to meet those guidelines. All
   ESAA licensees shall ensure installation of ESAA terminals on aircraft
   by qualified installers who have an understanding of the antenna's
   radiation environment and the measures best suited to maximize
   protection of the general public and persons operating the vehicle and
   equipment. An ESAA terminal exhibiting radiation exposure levels
   exceeding 1.0 mW/cm2 in accessible areas, such as at the exterior
   surface of the radome, shall have a label attached to the surface of
   the terminal warning about the radiation hazard and shall include
   thereon a diagram showing the regions around the terminal where the
   radiation levels could exceed 1.0 mW/cm2.

   (c)(1) Operations of ESAAs in the 14.0-14.2 GHz (Earth-to-space)
   frequency band in the radio line-of-sight of the NASA TDRSS facilities
   on Guam (latitude 13�°36′55″ N, longitude 144�°51′22″ E) or White Sands,
   New Mexico (latitude 32�°20′59″ N, longitude 106�°36′31″ W and latitude
   32�°32′40″ N, longitude 106�°36′48″ W) are subject to coordination with
   the National Aeronautics and Space Administration (NASA) through the
   National Telecommunications and Information Administration (NTIA)
   Interdepartment Radio Advisory Committee (IRAC). Licensees shall notify
   the International Bureau once they have completed coordination. Upon
   receipt of such notification from a licensee, the International Bureau
   will issue a public notice stating that the licensee may commence
   operations within the coordination zone in 30 days if no party has
   opposed the operations.

   (2) When NTIA seeks to provide similar protection to future TDRSS sites
   that have been coordinated through the IRAC Frequency Assignment
   Subcommittee process, NTIA will notify the Commission's International
   Bureau that the site is nearing operational status. Upon public notice
   from the International Bureau, all Ku-band ESAA licensees shall cease
   operations in the 14.0-14.2 GHz band within radio line-of-sight of the
   new TDRSS site until the licensees complete coordination with NTIA/IRAC
   for the new TDRSS facility. Licensees shall notify the International
   Bureau once they have completed coordination for the new TDRSS site.
   Upon receipt of such notification from a licensee, the International
   Bureau will issue a public notice stating that the licensee may
   commence operations within the coordination zone in 30 days if no party
   has opposed the operations. The ESAA licensee then will be permitted to
   commence operations in the 14.0-14.2 GHz band within radio
   line-of-sight of the new TDRSS site, subject to any operational
   constraints developed in the coordination process.

   (d)(1) Operations of ESAA in the 14.47-14.5 GHz (Earth-to-space)
   frequency band in the radio line-of-sight of radio astronomy service
   (RAS) observatories observing in the 14.47-14.5 GHz band are subject to
   coordination with the National Science Foundation (NSF). The
   appropriate NSF contact point to initiate coordination is
   Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045,
   Arlington VA 22203, fax 703-292-9034, email esm@nsf.gov. Licensees
   shall notify the International Bureau once they have completed
   coordination. Upon receipt of the coordination agreement from a
   licensee, the International Bureau will issue a public notice stating
   that the licensee may commence operations within the coordination zone
   in 30 days if no party has opposed the operations.

   (2) A list of applicable RAS sites and their locations can be found in
   § 25.226(d)(2) Table 1.

   (3) When NTIA seeks to provide similar protection to future RAS sites
   that have been coordinated through the IRAC Frequency Assignment
   Subcommittee process, NTIA will notify the Commission's International
   Bureau that the site is nearing operational status. Upon public notice
   from the International Bureau, all Ku-band ESAA licensees shall cease
   operations in the 14.47-14.5 GHz band within the relevant geographic
   zone of the new RAS site until the licensees complete coordination for
   the new RAS facility. Licensees shall notify the International Bureau
   once they have completed coordination for the new RAS site and shall
   submit the coordination agreement to the Commission. Upon receipt of
   such notification from a licensee, the International Bureau will issue
   a public notice stating that the licensee may commence operations
   within the coordination zone in 30 days if no party has opposed the
   operations. The ESAA licensee then will be permitted to commence
   operations in the 14.47-14.5 GHz band within the relevant coordination
   distance around the new RAS site, subject to any operational
   constraints developed in the coordination process.

   [ 78 FR 14927 , Mar. 8, 2013, as amended at  79 FR 8324 , Feb. 12, 2014;  79 FR 26868 , May 12, 2014;  81 FR 55347 , Aug. 18, 2016]

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