FCC Web Documents citing 25.220
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- the Licensing of, and Spectrum Usage By, Satellite Network Earth Stations and Space Stations, Fifth Report and Order in IB Docket No. 00-248 and Third Report and Order in CC Docket No. 86-496, FCC 05-63 (rel. March 15, 2005) (``Fifth Report and Order in Docket 00-248''), Appendix B, ¶¶ 21-22 (amending 47 C.F.R. § 25.212 and adding 47 C.F.R. § 25.220). See ARINC Response at 11. Rec. ITU-R M.1643, Appendix 1, Part A, ¶1. Theta is the angle in degrees from the axis of the main lobe. Petition of Spacenet, Inc. for a Declaratory Ruling that Section 25.134 of the Commission's Rules Permits VSAT Remote Stations in the Fixed Satellite Service to Use Network Access Schemes that Allow Statistically Infrequent Overlapping
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- for emission designator 36M0F9F and the Maximum Transmit Antenna Gain is 45.9 dBi. Using this information, we compute a maximum input power density into the antenna flange of -0.5 dBW/4 kHz. This exceeds the -2.7 dBW/4kHz level eligible for routine processing in 47 C.F.R. §25.212(d)(2). Earth stations operating at non-routine power levels must include the certifications as described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1) and must identify the specific satellites for which the earth station intends to communicate. Finally, in items E57 and E59 of Schedule B, you list the East and West elevation angles as 0 degrees. Section 25.205 of the Commission's rules, however, indicates that earth station antenna's shall not be normally be authorized for
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- emission designator 36M0G7W and the Maximum Transmit Antenna Gain is 45 dBi. Using this information, we compute a maximum input power density into the antenna flange of -3.98 dBW/4 kHz. This exceeds the -14 dBW/4 kHz level eligible for routine processing in 47 C.F.R. §25.212(c). Earth stations operating at non-routine power levels must include the certifications as described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), and must identify the specific satellites for which the earth station intends to communicate. Therefore, ALSAT status is not appropriate and the application is defective. In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47
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- flange of -1 dBW/4 kHz. This value exceeds the maximum input power spectral density limit for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. §25.212(c). Therefore, ALSAT-designated satellites are not appropriate as a point of communication for this emission and L3 must identify specific satellites as its point of communication. Also, in accordance with Section 25.220(f)(2) of the Commission's rules, 47 C.F.R. §25.220(f)(2), a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), from each target satellite operator is required. L3's application, as amended, does not include these certifications. Finally, we note that the use of the 10.7-11.7 GHz and 12.7-12.75 GHz band is shared on co-primary basis with the Fixed Service. Section
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- for Earth Station E940457 to consolidate its Conventional Ku-band VSAT network into one license, and add new 0.74 meter Prodelin remote antennas, new 0.74 meter Raven remote antennas, and new 0.98 meter Prodelin remote antennas to the network. For the reason detailed below, we dismiss the application in part as defective without prejudice to refiling. Pursuant to Sections 25.132(b)(3) and 25.220(b) of the Commission's rules, 47 C.F.R. §§ 25.132(b)(3) and 25.220(b), earth station applicants seeking to use antennas, such as the 0.74 meter Prodelin and Raven Antennas as well as the 0.98 meter Prodelin antenna, that are not compliant with the antenna performance standards of Sections 25.209(a) and (b) of the Commission's rules, 47 C.F.R. §§ 25.209(a) and (b), must submit
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- transmission. However, in Exhibit 3 of its application, APS states that its individual transmissions within its VSAT network will be as high as those allowed when the VSAT network operator does not plan to use CDMA. Thus, APS does not meet the requirements of Section 25.134(g), and did not request a waiver of this rule in its application. Moreover, Section 25.220(c)(1) of the Commission's rules, 47 C.F.R. § 25.220(c)(1), sets forth a procedure for earth station applicants seeking authority to operate at power levels in excess of those specified elsewhere in Part 25. For the same reason that APS does not comply with Section 25.134(g), it does not comply with Section 25.220(c)(1). Specifically, in Exhibit 3, APS provides a graph showing
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- the maximum input power spectral density limit of -14 dBW/ 4kHz for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Therefore, Telenor may not designate ALSAT as a point of communication for the proposed emissions and must identify the specific satellites with which the earth station will communicate. Furthermore, in accordance with Section 25.220(e)(1), Telenor is required to include with the application a certification from each target satellite operator that it has reached agreements with adjacent satellite operators regarding the non-routine operations. The application does not include this certification. In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. 25.112(a)(1) and Section 0.261 of the Commission's rules on delegations
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- § 25.211(d)(2), the maximum input power into the antenna flange for the following analog video transmissions exceed our routinely authorized level of 27 dBW: 36M0F8F (30 dBW) and 18M0F8F (30 dBW). Consequently, ABS-CBN cannot designate ALSAT as a point of communication and instead must identify the specific satellites with which the earth station will communicate. Also, in accordance with Section 25.220(f)(2) of the Commission's rules, 47 C.F.R. §25.220(f)(2), applications for non-routine earth stations must include a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), from each target satellite operator that it has reached agreements with adjacent satellite operators regarding the non-routine operations. ABS-CBN's application does not include these certifications. Therefore, the application is incomplete. Furthermore, ABS-CBN lists,
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- the 36M0F9W emission. Pursuant to Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c), the maximum input power density into the antenna flange exceeds our routinely authorized power level of -14 dBW/4 kHz. Because the proposed power exceeds our limits for routine processing, CNN must identify the specific satellites as its points of communication. Furthermore, in accordance with Section 25.220(f)(2) of the Commission's rules, 47 C.F.R. §25.220(f)(2), applications for non-routine earth stations must include a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), from each target satellite operator that it has reached agreements with adjacent satellite operators regarding the non-routine operations. CNN's application does not include these certifications. Therefore, the application is incomplete. Accordingly, pursuant to
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- the maximum input power spectral density limit of -14 dBW/4 kHz for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Therefore, Sirius may not designate ALSAT as a point of communication for the proposed emissions and must identify the specific satellites with which the earth station will communicate. Also, in accordance with Section 25.220(e)(1), Sirius is required to include with the application a certification from each target satellite operator that the target operator has reached agreements with adjacent satellite operators regarding the non-routine operations. The application does not include this certification. In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. 25.112(a)(1) and Section 0.261 of the Commission's rules
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- flange to be -13.01 dBW/4 kHz. This exceeds the -14 dBW/4 kHz limit for a routinely authorized earth station in Section 25.212(c) of the Commission's rules, 47 C.F.R. §25.212(c). Thus, if Boeing chooses to refile this application at these power levels, it should also supply certifications from the target satellite operators for which intends to communicate as required in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1). Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. §0.261, we dismiss both applications without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau 14.0-14.5 GHz band. 13.75-14.0 GHz band. Amendment
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- and 1.47 dBW/4 kHz, respectively. These values exceed the maximum input power spectral density limit for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. §25.212(c). In such cases, applicants may not use ALSAT-designated satellites as the point of communication. Thus, Telenor must identify specific satellites as its point of communication. Also, in accordance with Section 25.220(f)(2) of the Commission's rules, 47 C.F.R. §25.220(f)(2), Telenor must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), from each target satellite operator. Telenor's application, as amended, does not include these certifications. Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority,
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- license modifications); The Boeing Company, Order and Authorization, 18 FCC Rcd 12317, 12319 (Int'l Bur. 2003); Sirius Satellite Radio, Inc., Order and Authorization, 16 FCC Rcd 5419, 5420 (Int'l Bur. 2001). 47 C.F.R. § 25.212(d). Amended Application, Exhibit G, at 2. Amended Application, Exhibit G, at 3. 47 C.F.R. § 1.3. Amended Application, Addendum to Exhibit F, at 4. Section 25.220(c)(1) of the Commission's rules sets forth a procedure for earth station applicants seeking authority to operate at power levels in excess of those specified elsewhere in Part 25. 47 C.F.R. § 25.220(c)(1). We find, however, that there is good cause for a waiver of this rule on our own motion because Intelsat will not communicate with satellites in the geostationary
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- input power spectral density limit of -14 dBW/4 kHz for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Therefore, Sabil may not designate ALSAT as a point of communication for the proposed digital emission. Rather, it must identify the specific satellites with which the earth station will communicate. Also, in accordance with Section 25.220(e)(1) of the Commission's rules, Sabil is required to include with the application a certification from each target satellite operator that the target operator has reached agreements with adjacent satellite operators regarding the non-routine operations. The application does not include these certifications. While we dismiss the application on the above basis, we take the opportunity to apprise Sabil of another issue
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- dBW/4 kHz, respectively. Both values exceed the maximum input power spectral density limit of -14 dBW/4 kHz for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Therefore, Chicago may not designate ALSAT as a point of communication and must instead identify the specific satellites with which the earth stations will communicate. Also, Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(a)(1), requires applicants proposing non-routine earth stations to include with the application a certification from each target satellite operator that the target operator has reached agreements with adjacent satellite operators regarding the non-routine operations. Chicago's application does not include this certification. While we dismiss the application based on the above, we request the
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- -13.00 dBW/4 kHz. This value exceeds the maximum input power spectral density limit of -14.00 dBW/4 kHz for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Therefore, Hurst may not designate ALSAT as a point of communication and must instead identify the specific satellites with which the earth station will communicate. Also, Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1), requires applicants proposing non-routine earth stations to include with the application a certification from each target satellite operator that the target operator has reached agreements with adjacent satellite operators regarding the non-routine operations. Hurst's application does not include this certification. In response to item E15 of Schedule B, Hurst indicates that the
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- dBW/4 kHz for routinely authorized earth stations in Section 25.212(c) of the Commission's rules, 47 C.F.R. §25.212(c). Since the proposed level exceeds this limit, Mobile Satellite must provide, as exhibits to the earth station application, certifications from each target satellite operator that they have obtained agreements from all potentially affected neighboring satellite operators covering the non-conforming operations. See 47 C.F.R. §25.220(e)(1). Mobile Satellite's application did not include these certifications. Therefore, the application is incomplete. Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. §0.261, we dismiss Mobile Satellite's application without prejudice to refiling. Sincerely, Scott A. Kotler Chief, Systems Analysis Branch Satellite Division International Bureau
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- value exceeds the limit of 26.5 dBW for the maximum input power per Carrier into the antenna pursuant to Section 25.211(d)(1) of the Commission's rules, 47 C.F.R. § 25.211(d)(1). Therefore, ALSAT-designated satellites are not appropriate as a point of communication for this emission and SES Americom must identify specific satellites as its point of communication. Also, in accordance with Section 25.220(f)(2) of the Commission's rules, 47 C.F.R. §25.220(f)(2), a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), from each target satellite operator is required. SES Americom's application does not include these certifications. While we dismiss the application on the above basis, we take this opportunity to apprise SES Americom of an additional issue with its application that
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- C.F.R. §25.212(c). The application lists ALSAT-designated satellites as points of communication for the earth station. Applicants requesting authority for non-routine earth stations may not use the "ALSAT" designation as its intended points of communication. Rather, these applicants must identify specific satellites as points of communication. American Satellite Uplink's application does not comply with this requirement. Additionally, in accordance with Section 25.220(f)(2) of the Commission's rules, 47 C.F.R. §25.220(f)(2), applicants requesting authority for non-routine earth stations must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), from each target satellite operator. American Satellite Uplink's application does not include these certifications. Therefore, the application is incomplete. While we dismiss the application on the grounds discussed above, we take
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- dBW/4kHz. The minimum antenna-diameter criterion effectively limits eligibility for routine licensing to applications specifying antennas with gain patterns consistent with the off-axis gain limits set forth in Section 25.209 of the Commission's rules. A fixed earth station with an antenna too small to meet the off-axis gain limits in Section 25.209 can be licensed pursuant to criteria prescribed in Section 25.220(c). Paragraph (1) of Section 25.220(c) provides that authority for such a non-conforming earth station may be granted if the applicant proposes to limit the maximum power density of the signal input into the earth station's antenna to a level determined by reducing the maximum permissible input power density for a routinely-licensed station by the number of decibels that the non-compliant
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- exceeds the -14 dBW/4kHz power density limit in Section 25.212(c). Thus, North American Leasing cannot use an ALSAT designation and must specifically list all satellites with which the earth station intends to communicate. Additionally, applicants requesting authority for earth stations that will operate at a power density exceeding the levels in Section 25.212(c) must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1), from each target satellite operator. North American Leasing's application does not include these required certifications. While we dismiss the application on the grounds discussed above, we take the opportunity to apprise North American Leasing of another issue with the application should it choose to refile. In particular, in response to Question 26
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- the -2.7 dBW/4 kHz power density limit in Section 25.212(d)(2). Thus, North American Leasing cannot use an ALSAT designation and must specifically list all satellites with which the earth station intends to communicate. Additionally, applicants requesting authority for earth stations that will operate at a power density exceeding the levels in Section 25.212(d)(2) must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1) from each target satellite operator. North American Leasing's application does not include these certifications. Finally, in response to item E18 of Schedule B, North American Leasing indicates that frequency coordination is not required. Pursuant to Section 25.203(c) of the Commission's rules, 47 C.F.R. § 25.203(c), however, all earth station applicants must complete
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- the maximum input power spectral density limit of -2.7 dBW/4 kHz for routinely authorized earth stations in Section 25.212(d)(2) of the Commission's rules, 47 C.F.R. §25.212(d)(2). In such cases, applicants may not use ALSAT-designated satellites as the point of communication. Thus, Pacific Satellite must identify specific satellites as its point of communication for this emission. Also, in accordance with Section 25.220(f)(2) of the Commission's rules, 47 C.F.R. §25.220(f)(2), Pacific Satellite must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. §25.220(e)(1), from each target satellite operator. Pacific Satellite's application does not include these certifications. Further, in response to Question 25 on FCC Form 312, Pacific Satellite indicates that the station is Temporary-Fixed. However, in response to Questions
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- the small earth station antenna has been coordinated with other satellite operators potentially affected by the proposed non-routine earth station. For applications to operate at non-routine power levels, the Commission proposed only one option, a certification procedure substantially similar to that it proposed for applications for earth stations with non-routine antenna diameters. Finally, the Commission codified these procedures in Section 25.220 of its rules. The Commission also adopted several other earth station streamlining measures. In particular, it established a 15-year license term for earth station licenses, and eliminated the licensing requirement for receive-only earth stations receiving transmissions from non-U.S.-licensed satellites on the Permitted List. The Commission has also adopted a streamlined form for routine earth station applications, called Form 312 EZ,
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- rules, 47 C.F.R. § 25.212(c). Therefore, Telesat cannot use an ALSAT designation for these two emissions and must specifically list all satellites with which the earth station intends to communicate using these emissions. Additionally, applicants requesting authority for earth stations that will operate at a power density exceeding the levels in Section 25.212(c) must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1), from each target satellite operator. Telesat's amendment for call sign E980149 did not include these required certifications for the two emissions. While we dismiss Telesat's request to operate its Mount Jackson fixed earth stations in the 10.95-11.2 GHz and 11.45-11.7 GHz bands, and to use the 1M64G7W and 76K8G7W emissions for call
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- This value exceeds the -14.0 dBW/4kHz power density limit in Section 25.212(c). Thus, Metrovision cannot use an ALSAT designation and must specifically list all satellites with which the earth station intends to communicate. Additionally, applicants requesting authority for earth stations that will operate at a power density exceeding the level in Section 25.212(c) must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1) from each target satellite operator. Metrovision's application does not include this certification. In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. § 25.112(a)(1) and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. § 0.261, we dismiss Metrovision's application without prejudice to refiling.
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- Commission's rules. CapRock's application is incomplete, which renders it unacceptable and subject to dismissal. The deficiency is as follows: In response to Question E15 of Schedule B, Caprock indicates that its antenna does not comply with the antenna performance standards in Sections 25.209(a) and (b) of the Commission's rules, 47 C.F.R. § 25.209(a) and (b). Pursuant to Sections 25.132(b)(3) and 25.220(b) of the Commission's rules, 47 C.F.R. §§ 25.132(b)(3) and 25.220(b), earth station applicants seeking to use non-compliant antennas must submit antenna radiation patterns in their applications. Although CapRock's application included some patterns, it did not include the co-polarized antenna pattern in the elevation plane from 0 to 45 degrees, and in the azimuth plane from 0 to +/-7 degrees and
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- B that it seeks to increase the EIRP density of emissions 36M0G7W and 36M0D7W from 36.28 dBW/4 kHz to 45.35 dBW/4 kHz. In response to question E15 of Schedule B, GCI indicates that the antenna is not compliant with the antenna gain patterns specified in Sections 25.209(a) and (b) of the Commission's rules, 47 C.F.R. §§ 25.209(a) and (b). Section 25.220(b) of the Commission's rules, 47 C.F.R. §§ 25.220(b), requires earth station applicants seeking to use non-compliant antennas to provide the antenna radiation patterns specified in Section 25.132(b) of the Commission's rules, 47 C.F.R. § 25.132(b), in their applications. GCI's application included some antenna patterns. It did not, however, include the co-polarized antenna pattern in the elevation plane from 0 to
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- of its METs does not comply with the limits of Section 25.209 between 1.25 and 3.0 degrees, between 5 and 6 degrees, at 9 degrees, and at 15 degrees. The worst case difference is 2.4 decibels (dB) at 2.25 degrees. Although Raysat's proposed system is not eligible for routine licensing, it may still be authorized under the provisions of Section 25.220 of the Commission's rules, which govern the licensing of non-routine transmit/receive earth station operations that do not conform to Sections 25.209 and 25.212. Pursuant to Section 25.220, an applicant can seek authorization for non-routine transmit/receive earth stations under one of two procedural options to demonstrate that it will not cause interference to satellites adjacent to the target satellites. Section 25.220(c)(1)
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- This value exceeds the -14.0 dBW/4kHz power density limit in Section 25.212(c). Thus, TeleCommunication Systems cannot use an ALSAT designation and must specifically list all satellites with which the earth station intends to communicate. Additionally, applicants requesting authority for earth stations that will operate at power density exceeding the level in Section 25.212(c) must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1) from each target satellite operator. TeleCommunication Systems' application does not include these certifications. In light of the above, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. § 25.112(a)(1) and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. § 0.261, we dismiss TeleCommunication Systems' application without prejudice
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- and -10.84 dBW/4kHz, respectively. This value exceeds the -14.0 dBW/4kHz power density limit for two-degree compliant earth stations contained in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Thus, NHK cannot use an ALSAT designation for these emissions and must specifically list all satellites that the earth station intends to communicate with when using these emissions. Third, Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1), requires earth station applicants proposing to operate at power density levels that exceed the limits in Section 25.212(c) to submit a certification from the specified satellite operator. This certification must state that the target operator has coordinated the non-compliant operations with all potentially affected satellite operators within 6o orbital separation from its
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- This value exceeds the -14.0 dBW/4kHz power density limit in Section 25.212(c). Thus, WLRH-FM cannot use an ALSAT designation and must specifically list all satellites with which the earth station intends to communicate. Additionally, applicants requesting authority for earth stations that will operate at a power density exceeding the levels in Section 25.212(c) must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1) from each target satellite operator. WLRH-FM's application does not include these certifications, which renders it unacceptable for filing. Finally, in response to item E40 of Schedule B, WLRH-FM lists the total e.i.r.p for all carriers as 75.1 dBW. In response to item E48 of Schedule B, however, WLRH-FM lists the maximum e.i.r.p
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- 25.222 for operation of earth stations on vessels (ESVs) in the Ku-band. Hence, Row 44 maintains that its application meets ITU-R M.1643's essential recommendation that off-axis EIRP density not exceed "the levels that have been published and coordinated" for FSS networks. Row 44 also argues that its system has been coordinated with all potentially affected satellite operators, consistent with Section 25.220. We provide background for both of Row 44's arguments below. Background. Row 44 observes that, in the Ku-Band AMSS NPRM, the Commission proposed rules that would provide for routine licensing of Ku-band AESs meeting certain off-axis EIRP density limits. The Commission also proposed to limit permissible Ku-band AES pointing error to 0.2 degrees, and to require that operators monitor and
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- 25.222 for operation of earth stations on vessels (ESVs) in the Ku- band.36 Hence, Row 44 maintains that its application meets ITU-R M.1643's essential recommendation that off-axis EIRP density not exceed "the levels that have been published and coordinated" for FSS networks.37Row 44 also argues that its system has been coordinated with all potentially affected satellite operators, consistent with Section 25.220.38We provide background for both of Row 44's arguments below. 17. Background. Row 44 observes that, in the Ku-Band AMSS NPRM, the Commission proposed rules that would provide for routine licensing of Ku-band AESs meeting certain off-axis EIRP density limits.39The Commission also proposed to limit permissible Ku-band AES pointing error to 0.2 degrees, and to require that operators monitor and mute
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- for emission 3M00G7D for antenna S-ANT 1-Ku. This value exceeds the -14 dBW/4kHz power density limit in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Applicants requesting authority for earth stations that will operate at a power density exceeding the levels in Section 25.212(c) and Section 25.212(d)(1) of the Commission's rules must submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1), from each target satellite operator. Lockheed Martin did not include these required certifications for the proposed emissions. Thus, the portion of Lockheed Martin's amendment pertaining to the 3M00G7D emission is defective. In addition, because Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1), requires certifications from each specific target satellite operator,
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- and communications performance objectives, an antenna size of less than one-meter will be used. Due to the antenna's small size, L-3 Communications concedes that it does not comply with the antenna gain limits for routinely licensed earth stations specified in Section 25.209 of the Commission's rules. L-3 Communications maintains, however, that its operation may still be licensed pursuant to Section 25.220 of the Commission's rules and will cause no more interference than an earth station antenna in compliance with Section 25.209. L-3 Communications also requests a waiver of Section 2.106, the U.S. Table of Frequency Allocations (U.S. Table), to permit the use of the 11.7-12.2 GHz frequency band for its downlink operations. L-3 Communications represents that it will not interfere with
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- 43.2 dBi from the proposed maximum EIRP density level). This value exceeds the -14.0 dBW/4kHz power density limit in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Applicants requesting authority for earth stations that will operate at a power density exceeding the level in Section 25.212(c) of the Commission's rules must either submit a certification described in Section 25.220(e)(1) of the Commission's rules, 47 C.F.R. § 25.220(e)(1), from each target satellite operator or provide a demonstration showing that the earth station complies with the off-axis EIRP density limits in Section 25.218(f) of the Commission's rules, 47 C.F.R. § 25.218(f). Spacenet did not include these required certifications or provide a demonstration for the proposed emissions. Thus, the portion of Spacenet's
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- earth stations that does not meet the earth station antenna gain pattern requirements may still be approved if the proposed earth station: (1) complies with the applicable off-axis Effective Isotropic Radiated Power (EIRP) envelope set forth in Section 25.115(h) and Section 25.218 of the Commission's rules, 47 C.F.R. § 25.115(h) and 47 C.F.R. § 25.218; or (2) complies with Section 25.220 of the Commission's rules, 47 C.F.R. § 25.220. Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. §0.261, we dismiss this application without prejudice to refiling. Sincerely, Kathyrn Medley Chief, Satellite Engineering Branch Satellite Division International Bureau If PSC refiles an application identical to
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- in Section 25.115(h) and Section 25.218 of 1 If PSC refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. §1.1111(d). 13407 Federal Communications Commission DA 10-1810 the Commission's rules, 47 C.F.R. § 25.115(h) and 47 C.F.R. § 25.218; or (2) complies with Section 25.220 of the Commission's rules, 47 C.F.R. § 25.220.2 Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. §25.112(a)(1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. §0.261, we dismiss this application without prejudice to refiling. Sincerely, Kathyrn Medley Chief, Satellite Engineering Branch Satellite Division International Bureau 2 Antenna gain plot patterns must be
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- earth station's power density exceeds the limit in Section 25.212(c) of the Commission's rules, 47 C.F.R. § 25.212(c). Applicants proposing operations exceeding these limits must identify specific satellites as points of communication. Thus, Denali 20020's modification application must specifically list all satellites with which the earth station intends to communicate. Further, satellite operator certifications must be submitted pursuant to Section 25.220(d) of the Commission's rules, 47 C.F.R. § 25.220(d). Denali 20020 failed to include these certifications. Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. § 25.112(a) (1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. § 0.261, we dismiss Denali 20020's applications without prejudice to refiling. Sincerely, Paul Blais Chief, Systems Analysis Branch
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- where the earth station's power density exceeds the limit in Section 25.212(c) of the Commission's rules, 47 C.F.R. §25.212(c). Applicants proposing operations exceeding these limits must identify specific satellites as points of communication.4Thus, Denali 20020's modification application must specifically list all satellites with which the earth station intends to communicate. Further, satellite operator certifications must be submitted pursuant to Section 25.220(d) of the Commission's rules, 47 C.F.R. § 25.220(d). Denali 20020 failed to include these certifications. Accordingly, pursuant to Section 25.112(a)(1) of the Commission's rules, 47 C.F.R. § 25.112(a) (1), and Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. § 0.261, we dismiss Denali 20020's applications without prejudice to refiling. Sincerely, Paul Blais Chief, Systems Analysis Branch
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- provide that any future coordination agreement involving an L-Band ATC applicant and ``another MSS operator'' will supersede the default limits on uplink interference prescribed in those rule provisions. SkyTerra observes that a similar policy of deference to coordination agreements between satellite operators applies where other types of service are concerned. For instance, SkyTerra points to the rule provisions in Section 25.220(d) permitting applicants for ``non-conforming'' Fixed-Satellite Service earth stations to submit proof that the operator of the target satellite has coordinated the proposed operation with operators of adjacent satellites, and to certify that it will operate in compliance with all such coordination agreements. SkyTerra maintains that the general policy of deference to coordination arrangements has served the public interest well. It
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- which provide that any future coordination agreement involving an L-Band ATC applicant and "another MSS operator" will supersede the default limits on uplink interference prescribed in those rule provisions.63SkyTerra observes that a similar policy of deference to coordination agreements between satellite operators applies where other types of service are concerned. For instance, SkyTerra points to the rule provisions in Section 25.220(d) permitting applicants for "non-conforming" Fixed-Satellite Service earth stations to submit proof that the operator of the target satellite has coordinated the proposed operation with operators of adjacent satellites, and to certify that it will operate in compliance with all such coordination agreements.64 23.SkyTerra maintains that the general policy of deference to coordination arrangements has served the public interest well.Itasserts that
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- ViaSat, a previously-licensed AMSS provider, raised various interference issues with respect to Row 44's application. We granted Row 44's application without addressing ViaSat's technical arguments on the merits, relying, instead, on proof that the operators of all Ku-band satellites within six degrees of the target satellites had consented to grant of the application. In doing so, we noted that Section 25.220 of the Commission's rules permits grant of Ku-band FSS earth station applications based on coordination with potentially affected satellite operators, even if the applications do not qualify for routine processing based on compliance with off-axis radiation limits. In the Row 44 AMSS Order, we rejected an argument that we should place less weight on coordination when considering applications for AMSS
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- in the geostationary-orbit plane that nonconforming FSS, ESV, and VMES earth stations transmitting with time-division multiple access(TDMA) in the conventional Ku-band must meet to qualify for licensing without proof of adjacent-satellite coordination.39 35See 47 C.F.R. § 2.106. 36See 47 C.F.R. § 2.105(b)(2). 37See47 C.F.R. § 25.209(a) and (b), which define an off-axis antenna gain envelope. 38See 47 C.F.R. §§ 25.218, 25.220(b)(1)(ii), 25.222(b)(2)(ii), 25.226(b)(2)(ii). The Commission has proposed, or invited comment on, adoption of similar requirements for Ku-band AESs using an access protocol (such as TDMA) that precludes simultaneous co-frequency operation of multiple terminals. See Ku-Band AMSS NPRMat ¶¶ 36 and 40. 39See 47 C.F.R. §§ 25.218(f)(1), 25.222(a)(1)(A), and 25.226(a)(1)(i)(A). 12563 Federal Communications Commission DA 11-1480 14.Further, Panasonic has submitted evidence that
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- routine processing. Alascom proposes to use antenna input power density levels that exceed the maximum input power density level of -2.7 dBW/4kHz for the proposed 5925-6425 MHz frequency band required as set forth in Section 25.212(d)(2) of the Commission's rules. Earth station applications that exceed power density levels of Section 25.212(d)(2) must comply with the procedures set forth in Section 25.220. Those procedures require a demonstration showing that the earth station complies with the off-axis EIRP density envelopes specified in Sections 25.218(d) and 25.115(h)(1-4) or 25.220 of the Commission's rules. Alascom failed to provide this information. In response to item E18 of FCC Form 312 Schedule B, Alascom indicates that a frequency coordination report is not required for its proposed modifications
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- or (2) the proposed earth station complies with the applicable off-axis effective isotropic radiated power (eirp) envelope set forth in Section 25.218 of the Commission's rules, 47 C.F.R. § 25.218, as demonstrated by data submitted in accordance with Section 25.115(h) Commission's rules, 47 C.F.R. § 25.115(h); or (3) the proposed earth station complies with the requirements set forth in Section 25.220 of the Commission's rules, 47 C.F.R. § 25.220, for non-conforming earth station operations. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau If Clear Channel refiles an application identical to the one dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. § 1.1111(d). Federal Communications Commission DA
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- DA 12-68 (2) the proposed earth station complies with the applicable off-axis effective isotropic radiated power (eirp) envelope set forth in Section 25.218 of the Commission's rules, 47 C.F.R. § 25.218, asdemonstrated by data submitted in accordance with Section 25.115(h) Commission's rules, 47 C.F.R. § 25.115(h); or (3) the proposed earth station complies with the requirements set forth in Section 25.220 of the Commission's rules, 47 C.F.R. § 25.220, for non-conforming earth station operations. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau 366
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- we dismiss that portion of the application that requests authority to operate a 1.0-meter General Dynamics antenna without prejudice to re-filing. Please note that if Comtech wishes to re-file an application for this antenna without a demonstration that the antenna qualifies for routine processing under Section 25.118(f), it must include certifications from potentially affected adjacent satellite operators pursuant to Section 25.220(d) in its application. Sincerely, Paul E. Blais Chief, Systems Analysis Branch Satellite Division International Bureau The conventional Ku-band encompasses the 11.7-12.2 GHz downlink and 14.0-14.5 GHz uplink frequencies. If Comtech refiles an application identical to the portion dismissed, with the exception of supplying the corrected information, it need not pay an application fee. See 47 C.F.R. § 1.1111(d). 47 C.F.R.
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- Inc. Application is dismissed without prejudice as defective, see DA 05-3196, released December 15, 2005. E050334 SES-LIC-20051111-01559 Peak Uplink, Inc Page 16 of 17 For more information concerning this Notice, contact the Satellite and Radiocommunication Division at 418-0719; TTY 202-418-2555. Dismissal Temporary-fixed Conventional Ku-Band earth station application is incomplete for failure to provide target satellite operator certifications pursuant to Section 25.220(e)(1) and failure to identify specific satellites as points of communication is dismissed without prejudice. See DA 05-3191 released December 15, 2005. E050339 SES-LIC-20051115-01581 VISION ACCOMPLISHED, INC. D/B/A TRANSVISION INTERNATIONAL This Application is dismissed as defective without prejudice for failure to provide target satellite operator certifications pursuant to Section 25.220(e)(1) and for failure to identify specific satellites as points of communication.
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- interference environment for adjacent satellite operations. In other words, a power reduction can reduce the side lobe energy to levels that fall within the levels that would be produced if the maximum allowable power level were transmitted by an antenna that complies with the antenna gain pattern envelope in Section 25.209(a) and (b). Accordingly, we propose creating a new Section 25.220 to effectively implement an equivalent isotropically radiated power (EIRP) density vs. off-axis angle criterion beginning at 1° off-axis. In this way, the off-axis EIRP density would be maintained equivalent to that provided by routine earth stations at 2° and beyond. Although the Commission staff will continue to process these earth station applications to use antennas less than 4.5 meters for
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- has coordinated the non-routine earth station with other affected satellite systems. For applications to operate at a non-routine power level, the Commission proposed only one procedure, an affidavit procedure. This affidavit procedure would be substantially similar to the affidavit procedure now being used for applications proposing non-routine earth station antenna diameters. Finally, the Commission proposed codifying these procedures in Section 25.220 of its rules. SIA proposes a different procedure for non-routine earth station applications. SIA proposes substantially restricting the streamlined procedure for non-routine earth station antennas. First, SIA would restrict earth station operators' ability to obtain authorization for smaller-than-routine antennas by reducing their power levels. SIA would limit this procedure to operations in the 5925-6425 MHz band only. In addition, SIA
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- has coordinated the non-routine earth station with other affected satellite systems. For applications to operate at a non-routine power level, the Commission proposed only one procedure, an affidavit procedure. This affidavit procedure would be substantially similar to the affidavit procedure now being used for applications proposing non-routine earth station antenna diameters. Finally, the Commission proposed codifying these procedures in Section 25.220 of its rules. SIA proposes a different procedure for non-routine earth station applications. SIA proposes substantially restricting the streamlined procedure for non-routine earth station antennas. First, SIA would restrict earth station operators' ability to obtain authorization for smaller-than-routine antennas by reducing their power levels. SIA would limit this procedure to operations in the 5925-6425 MHz band only. In addition, SIA
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- or time division multiple access (TDMA) technique, N is equal to one. For digital SCPC using code division multiple access (CDMA) technique, N is the maximum number of co-frequency simultaneously transmitting earth stations in the same satellite receiving beam. (3) Antennas with an equivalent diameter smaller than 4.5 meters in the 5925-6425 MHz band are subject to the provisions of §25.220 of this chapter, which may include power reduction requirements. * * * * * 4. In § 25.221, revise paragraphs (a)(1), (a)(2), and (a)(4) to read as follows: § 25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESV) receiving in the 3700-4200 MHz (space-to-Earth) frequency band and transmitting in the 5925-6425 MHz (Earth-to-space) frequency band, operating with Geostationary Satellites
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- or time division multiple access (TDMA) technique, N is equal to one. For digital SCPC using code division multiple access (CDMA) technique, N is the maximum number of co-frequency simultaneously transmitting earth stations in the same satellite receiving beam. (3) Antennas with an equivalent diameter smaller than 4.5 meters in the 5925-6425 MHz band are subject to the provisions of §25.220 of this chapter, which may include power reduction requirements. * * * * * 4. In § 25.221, revise paragraphs (a)(1), (a)(2), and (a)(4) to read as follows: § 25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESV) receiving in the 3700-4200 MHz (space-to-Earth) frequency band and transmitting in the 5925-6425 MHz (Earth-to-space) frequency band, operating with Geostationary Satellites
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- coordinated with other satellite operators potentially affected by the proposed non-routine earth station. For applications to operate at non-routine power levels, the Commission proposed only one option, an affidavit procedure. This procedure would be substantially similar to the affidavit procedure now being used for applications proposing non-routine earth station antenna diameters. Finally, the Commission proposed codifying these procedures in Section 25.220 of its rules. In its 2001 ex parte statements, SIA disagreed with several of these proposals. First, SIA would only permit operators in the 5925-6425 MHz band to compensate for smaller-than- routine antennas by reducing their power levels. In addition, SIA would require target satellite operators to coordinate non-routine earth station operations with adjacent satellite operators, regardless of whether the
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- coordinated with other satellite operators potentially affected by the proposed non-routine earth station. For applications to operate at non-routine power levels, the Commission proposed only one option, an affidavit procedure. This procedure would be substantially similar to the affidavit procedure now being used for applications proposing non-routine earth station antenna diameters. Finally, the Commission proposed codifying these procedures in Section 25.220 of its rules. In its 2001 ex parte statements, SIA disagreed with several of these proposals. First, SIA would only permit operators in the 5925-6425 MHz band to compensate for smaller-than- routine antennas by reducing their power levels. In addition, SIA would require target satellite operators to coordinate non-routine earth station operations with adjacent satellite operators, regardless of whether the
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- See DIRECTV Application at 42, Intelsat Application at 22. These values are the product of the off-axis the earth station antenna gain values given in §25.209 and an antenna input e.i.r.p. density of 79.4 dBW/24MHz , with a peak gain of 65.1 dBi. They do not take into account topocentric gain. See 47 C.F.R. § 25.138(a). See 47 C.F.R. §§ 25.220, 25.138(b),(c). See 47 C.F.R. §§ 25.220, 25.138(c). Applicants typically propose operating with 10 to 20 dB of excess power during rain events. See 47 C.F.R. § 25.204(g) and 28 GHz First Report and Order. See 47 C.F.R. § 25.138(a)(5). The term control-loop refers to a circuit that feeds back some of the output to the input of a system. This
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- See DIRECTV Application at 42, Intelsat Application at 22. These values are the product of the off-axis the earth station antenna gain values given in §25.209 and an antenna input e.i.r.p. density of 79.4 dBW/24MHz , with a peak gain of 65.1 dBi. They do not take into account topocentric gain. See 47 C.F.R. § 25.138(a). See 47 C.F.R. §§ 25.220, 25.138(b),(c). See 47 C.F.R. §§ 25.220, 25.138(c). Applicants typically propose operating with 10 to 20 dB of excess power during rain events. See 47 C.F.R. § 25.204(g) and 28 GHz First Report and Order. See 47 C.F.R. § 25.138(a)(5). The term control-loop refers to a circuit that feeds back some of the output to the input of a system. This
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- earth station licensing requirements to different satellite services. Typically, C- and Ku-band GSO FSS applicants are required to meet the antenna performance requirements of Section 25.209 and may not exceed specified uplink power density levels and minimum antenna diameters. Those C- and Ku-band applicants who do not meet these requirements may still be licensed via the rules outlined in Section 25.220. In contrast, Ka-band earth station applicants must meet the off-axis EIRP density requirements of Sections 25.138(a)(1)-(4) and demonstrate such by providing the antenna radiation pattern measurements specified in Section 25.138(d). The earth station licensing requirement to submit with its application a series of measured test values over a range of frequencies is applied to any FSS earth station other than
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- * * * * * 7. Section 25.132 is amended by revising paragraph (b)(3) to read as follows: § 25.132 Verification of earth station antenna performance standards. * * * * * (b)(3) Applicants seeking authority to use an antenna that does not meet the standards set forth in §25.209(a) and (b), pursuant to the procedure set forth in § 25.220 or subject to rules in § 25.XXX, are required to submit a copy of the manufacturer's range test plots of the antenna gain patterns specified in paragraph (b)(1) of this section. * * * * * 8. Section 25.201 is amended by adding the following definition in alphabetical order to read as follows: § 25.201 Definitions. * * * *
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- operation of the small earth station antenna has been coordinated with other satellite operators potentially affected by the proposed non-routine earth station. For applications to operate at non-routine power levels, the Commission proposed a certification procedure substantially similar to that it proposed for applications for earth stations with non-routine antenna diameters. Finally, the Commission proposed codifying these procedures in Section 25.220 of its rules. A significant number of parties commented on the proposals in the Notice. In addition, SIA filed several ex parte statements proposing a different approach. Although the Commission had serious concerns with SIA's proposal, it adopted a Further Notice to allow interested parties to comment on it. Based on the record developed in response to the Notice and
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- operators would not be expected to submit such agreements and the Commission would not approve of U.S. coordination agreements being submitted to foreign governments under similar circumstances. Boeing claims that ESV applicants should be required to provide the same information that other earth stations that operate at higher off-axis power-density levels are required to provide, as set forth in Section 25.220(e)(1). Accordingly, Boeing proposes that the Commission either incorporate ESVs into Section 25.220(e)(1), which contains certification requirements, or copy the certification requirements of Section 25.220(e)(1) into Section 25.222. No commenter opposes Boeing's request. Discussion. We adopt Boeing's proposal to allow ESV applicants to file certifications with respect to coordination agreements providing for off-axis power-density levels that exceed the off-axis e.i.r.p. spectral-density
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- 25.204(h), 25.204(i). 33See Boeing Petition at 6; see also Intelsat Opposition at 11 n.34 (stating that the coordination agreements increase operational flexibility). 34See Boeing Petition at 10. 35SeeBoeing Petition at 11, 13. 36See Boeing Petition at 13. 37See 47 C.F.R. §§ 25.221, 25.222. This decision is consistent with the Commission's technical requirements for non-ESV, non-conforming earth stations. See47 C.F.R. § 25.220(e)(2). 10374 Federal Communications Commission FCC 09-63 satellites pursuant to ALSAT authority, and, therefore, must specifically list all of the satellites in their application that they plan to access at higher off-axis power-density levels.38 12.To further promote flexibility, we allow the ESVs to operate at any off-axis power-density level that falls within the parameters of the target satellite operator's coordination agreements
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- * * * * 7. Section 25.132 is amended by revising paragraph (b)(3) to read as follows: § 25.132 Verification of earth station antenna performance standards. * * * * * (b)(3) Applicants seeking authority to use an antenna that does not meet the standards set forth in §§ 25.209(a) and (b), pursuant to the procedure set forth in § 25.220, § 25.221, § 25.222, § 25.223 or § 25.226 of this part, are required to submit a copy of the manufacturer's range test plots of the antenna gain patterns specified in paragraph (b)(1) of this section. * * * * * 8. Section 25.201 is amended by adding the following definition in alphabetical order to read as follows: § 25.201
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- 5597 (para. 6). For purposes of this Order, we define ``routine'' earth stations as those that meet specified technical requirements, and which can be licensed without further review. The Commission also grants ``non-routine'' earth station applications, but those applications require further review to ensure that they will not cause harmful interference in a two-degree spacing environment. See 47 C.F.R. § 25.220. See DISCO II First Reconsideration Order, 15 FCC Rcd at 7210-11 (para. 6). DISCO II First Reconsideration Order, 15 FCC Rcd at 7214 (para. 16). See also Intelsat North America LLC, Application for Authority to Modify Earth Station Authorization to Provide Launch and Early Orbit Phase (``LEOP'') Operations for Newly Launched Satellites, Order and Authorization, 21 FCC Rcd 14672, 14676-77
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- at 5597 (para. 6). For purposes of this Order, we define "routine" earth stations as those that meet specified technical requirements, and which can be licensed without further review. The Commission also grants "non-routine" earth station applications, but those applications require further review to ensure that they will not cause harmful interference in a two-degree spacing environment. See47 C.F.R. § 25.220. 12SeeDISCO II First Reconsideration Order, 15 FCC Rcd at 7210-11 (para. 6). 13 DISCO II First Reconsideration Order, 15 FCC Rcd at 7214 (para. 16). See alsoIntelsat North America LLC, Application for Authority to Modify Earth Station Authorization to Provide Launch and Early Orbit Phase ("LEOP") Operations forNewlyLaunched Satellites, Order and Authorization, 21 FCC Rcd 14672, 14676-77 (para. 14) (Int'l
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- shall be submitted to the Commission within thirty days after preliminary in-orbit testing is completed. 25. In § 25.211, revise paragraph (e) to read as follows: § 25.211 Analog video transmissions in the Fixed Satellite Services. * * * * * (e) Antennas smaller than those specified in paragraph (d) of this section are subject to the provisions of § 25.220. These antennas will not be routinely licensed for transmission of full transponder services. * * * * * 26. Amend Section 25.212 by revising the title and paragraphs (c), (d)(2), (d)(3), and (e), to read as follows: § 25.212 Narrowband analog transmissions and all digital transmissions in the GSO Fixed Satellite Service. * * * * * (c)(1) In the
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- by more recent recommendations.19Further, some Part 25 provisions refer to ITU regulations that have since been redesignated.20We propose to amend these rule 11Seeproposed revisions to definitions of "fixed earth station,""Fixed Satellite Service," "Mobile Satellite Service," "powerspectral density," "power flux density," "protection areas," and "routine processing or licensing" in Appendix A. 12Seeproposed revisions to 47 C.F.R. §§ 25.211, 25.212, 25.218, and 25.220 in Appendix A. 13Seeproposed revisions to 47 C.F.R. §§ 25.221, 25.222, and 25.226 in Appendix A. 14Seeproposed revisions to 47 C.F.R. §§ 25.115(a)(2) (proposing to change "transmit" to "operate", because the frequency bands listed include both transmit and receive bands); 25.142(b)(2)(ii)(proposing to change "grant ofconstruction authorization" to "grant of operating authority" to be consistent with elimination of construction authorization requirement);