Sec.  25.142   Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.

   

   (a) Space station application requirements. (1) Each application for a
   space station system authorization in the non-voice, non-geostationary
   mobile-satellite service shall describe in detail the proposed
   non-voice, non-geostationary mobile-satellite system, setting forth
   all pertinent technical and operational aspects of the system, and the
   technical and legal qualifications of the applicant. In particular,
   each application shall include the information specified in Sec. 25.114.
   Applicants must also file information demonstrating compliance with
   all requirements of this section, and showing, based on existing
   system information publicly available at the Commission at the time of
   filing, that they will not cause unacceptable interference to any
   non-voice, non-geostationary mobile-satellite service system
   authorized to construct or operate.

   (2) Applicants for a non-voice, non-geostationary mobile-satellite
   must identify the power flux density produced at the Earth's surface
   by each space station of their system in the frequency bands 137-138
   MHz and 400.15-401 MHz, to allow determination of whether coordination
   with terrestrial services is required under international footnotes
   599A and 647B of Sec. 2.106 of the Commission's Rules. In addition,
   applicants must identify the measures they would employ to protect the
   radio astronomy service in the 150.05-153 MHz and 406.1-410 MHz bands
   from harmful interference from unwanted emissions.

   (3) Emission limitations. (i) Applicants in the non-voice,
   non-geostationary mobile-satellite service shall show that their space
   stations will not exceed the emission limitations of Sec. 25.202(f) (1),
   (2) and (3), as calculated for a fixed point on the Earth's surface in
   the plane of the space station's orbit, considering the worst-case
   frequency tolerance of all frequency determining components, and
   maximum positive and negative Doppler shift of both the uplink and
   downlink signals, taking into account the system design.

   (ii) Applicants in the non-voice, non-geostationary mobile-satellite
   service shall show that no signal received by their satellites from
   sources outside of their system shall be retransmitted with a power
   flux density level, in the worst 4 kHz, higher than the level
   described by the applicants in paragraph (a)(2) of this section.

   (4) [Reserved]

   (5) Replacement of space stations within the system license term. The
   licensee need not file separate applications to construct, launch and
   operate technically identical replacement satellites within the term
   of the system authorization. However, the licensee shall certify to
   the Commission, at least thirty days prior to launch of such
   replacement(s) that:

   (i) The licensee intends to launch a space station that is technically
   identical to those authorized in its system license, and

   (ii) Launch of this space station will not cause the licensee to
   exceed the total number of operating space stations authorized by the
   Commission.

   (b) Operating conditions. In order to ensure compatible operations
   with authorized users in the frequency bands to be utilized for
   operations in the non-voice, non-geostationary mobile-satellite
   service, non-voice, non-geostationary mobile-satellite service systems
   must operate in accordance with the conditions specified in this
   section.

   (1) Service limitation. Voice services may not be provided.

   (2) Coordination requirements with Federal government users.

   (i) The frequency bands allocated for use by the non-voice,
   non-geostationary mobile-satellite service are also authorized for use
   by agencies of the Federal government. The Federal use of frequencies
   in the non-voice, non-geostationary mobile-satellite service frequency
   bands is under the regulatory jurisdiction of the National
   Telecommunications and Information Administration (NTIA).

   (ii) The Commission will use its existing procedures for liaison with
   NTIA to reach agreement with respect to achieving compatible
   operations between Federal government users under the jurisdiction of
   NTIA and non-voice, non-geostationary mobile-satellite service systems
   (including user transceivers subject to blanket licensing under
   Sec. 25.115(d)) through the frequency assignment and coordination
   practices established by NTIA and the Interdepartment Radio Advisory
   Committee (IRAC). In order to facilitate such frequency assignment and
   coordination, applicants shall provide the Commission with sufficient
   information to evaluate electromagnetic compatibility with the Federal
   government use of the spectrum, and any additional information
   requested by the Commission. As part of the coordination process,
   applicants shall show that they will not cause unacceptable
   interference to authorized Federal government users, based upon
   existing system information provided by the Government. The frequency
   assignment and coordination of the satellite system with Federal
   government users shall be completed prior to grant of construction
   authorization.

   (iii) The Commission shall also coordinate with NTIA/IRAC with regard
   to the frequencies to be shared by those earth stations of non-voice,
   non-geostationary mobile-satellite service systems that are not
   subject to blanket licensing under Sec. 25.115(d), and authorized Federal
   government stations in the fixed and mobile services, through the
   exchange of appropriate systems information.

   (3) Coordination among non-voice, non-geostationary mobile-satellite
   service systems. Applicants for authority to establish non-voice,
   non-geostationary mobile-satellite service systems are encouraged to
   coordinate their proposed frequency usage with existing permittees and
   licensees in the non-voice, non-geostationary mobile-satellite service
   whose facilities could be affected by the new proposal in terms of
   frequency interference or restricted system capacity. All affected
   applicants, permittees, and licensees shall, at the direction of the
   Commission, cooperate fully and make every reasonable effort to
   resolve technical problems and conflicts that may inhibit effective
   and efficient use of the radio spectrum; however, the permittee or
   licensee being coordinated with is not obligated to suggest changes or
   re-engineer an applicant's proposal in cases involving conflicts.

   (4) Safety and distress communications. Stations operating in the
   non-voice, non-geostationary mobile-satellite service that are used to
   comply with any statutory or regulatory equipment carriage
   requirements may also be subject to the provisions of sections 321(b)
   and 359 of the Communications Act of 1934, as amended. Licensees are
   advised that these provisions give priority to radio communications or
   signals relating to ships in distress and prohibit a charge for the
   transmission of maritime distress calls and related traffic.

   (c) Reporting requirements. All operators of non-voice,
   non-geostationary mobile-satellite service systems shall, on June 30
   of each year, file a report with the International Bureau and the
   Commission's Columbia Operations Center in Columbia, Maryland,
   containing the following information current as of May 31st of that
   year:

   (1) A listing of any non-scheduled space station outages for more than
   thirty minutes and the cause(s) of such outages;

   (2) A detailed description of the utilization made of the in-orbit
   satellite system. That description should identify the percentage of
   time that the system is actually used for domestic transmission, the
   amount of capacity (if any) sold but not in service, and the amount of
   unused system capacity; and

   (3) Identification of any space stations not available for service or
   otherwise not performing to specifications, the cause(s) of these
   difficulties, and the date any space station was taken out of service
   or the malfunction identified.

   (d) Prohibition of certain agreements. No license shall be granted to
   any applicant for a non-voice, non-geostationary mobile-satellite
   service system if that applicant, or any companies controlling or
   controlled by the applicant, shall acquire or enjoy any right, for the
   purpose of handling traffic to or from the United States, its
   territories or possessions, to construct or operate space segment or
   earth stations in the non-voice, non-geosynchronous mobile-satellite
   service, or to interchange traffic, which is denied to any other
   United States company by reason of any concession, contract,
   understanding, or working arrangement to which the licensee or any
   persons or companies controlling or controlled by the licensee are
   parties.

   (e) Spectrum priority. (1) The non-voice, non-geosynchronous
   mobile-satellite service system that is authorized in the second
   application processing round to operate in the 148-148.25 MHz,
   148.75-148.855 MHz, 148.905-149.81 MHz and 150-150.05 MHz uplink
   frequency bands and the 400.505-400.5517 MHz, 400.5983-400.645 MHz,
   137.025-137.175 MHz, 137.333-137.4125 MHz, 137.475-137.525 MHz,
   137.595-137.645 MHz, 137.753-137.787 MHz and 137.825-138 MHz downlink
   frequency bands (the "System 2 licensee") will have a first priority
   to apply for and use a limited amount of downlink spectrum duly
   allocated worldwide and domestically to the non-voice,
   non-geosynchronous mobile-satellite service by the ITU, at WRC-97 or a
   subsequent World Radiocommunication Conference, and by the Commission,
   respectively (the "Future Spectrum"). The System 2 licensee will be
   eligible to apply for and use the first 210 kHz of Future Spectrum
   plus spectrum sufficient to account for Doppler frequency shift in the
   Future Spectrum (the "Supplemental Spectrum") to implement its
   non-voice, non-geosynchronous mobile-satellite service system. The
   System 2 licensee's application for and use of the Supplemental
   Spectrum is subject to the Commission's Rules and policies, such
   reasonable operating conditions as may be imposed by the Commission,
   and international spectrum coordination requirements. For so long as
   the System 2 licensee is permitted by the Government of France to
   operate in the 400.5517-400.5983 MHz band coordinated with the French
   system S80-1, the Supplemental Spectrum shall be reduced to an amount
   equivalent to 150 kHz of Future Spectrum plus spectrum sufficient to
   account for Doppler frequency shift in the Future Spectrum.

   (2) The System 2 licensee's priority to apply for and use the
   Supplemental Spectrum is conditioned on the System 2 licensee's
   compliance with the terms and conditions of its second processing
   round authorization, including, but not limited to, its system
   construction, launch and operation milestones, and any modifications
   thereto, and the Commission's Rules. The System 2 licensee's priority
   to apply for and use the Supplemental Spectrum shall automatically
   terminate upon the occurrence of any of the following events:

   (i) The System 2 licensee being permitted to operate in the
   Supplemental Spectrum;

   (ii) The expiration or revocation of the System 2 licensee's second
   processing round authorization;

   (iii) The discontinuance of use of the spectrum assigned to the System
   2 licensee under its second processing round authorization; or

   (iv) The surrender of the System 2 licensee's second processing round
   authorization to the Commission.

   [ 58 FR 68060 , Dec. 23, 1993, as amended at  62 FR 5930 , Feb. 10, 1997;
    62 FR 59295 , Nov. 3, 1997;  68 FR 51504 , Aug. 27, 2003]