Sec.  25.143   Licensing provisions for the 1.6/2.4 GHz mobile-satellite service
and 2 GHz mobile-satellite service.

   

   (a) System license. Applicants authorized to construct and launch a
   system of technically identical satellites will be awarded a single
   "blanket" license. In the case of non-geostationary satellites, the
   blanket license will cover a specified number of space stations to
   operate in a specified number of orbital planes. In the case of
   geostationary satellites, as part of a geostationary-only satellite
   system or a geostationary/non-geostationary hybrid satellite system,
   an individual license will be issued for each satellite to be located
   at a geostationary orbital location.

   (b) Qualification Requirements--(1) General requirements. Each
   application for a space station system authorization in the 1.6/2.4
   GHz Mobile-Satellite Service or 2 GHz Mobile-Satellite Service shall
   describe in detail the proposed satellite system, setting forth all
   pertinent technical and operational aspects of the system, and the
   technical, legal, and financial qualifications of the applicant. In
   particular, each application shall include the information specified
   in Sec. 25.114. Non-U.S. licensed systems shall comply with the provisions
   of Sec. 25.137. System proponents seeking authorization in the 2 GHz
   Mobile-Satellite Service also shall describe the design and
   operational strategies that they will use, if any, to mitigate orbital
   debris. Applicants must submit a casualty risk assessment if planned
   post-mission disposal involves atmospheric re-entry of the spacecraft.

   (2) Technical qualifications. In addition to providing the information
   specified in paragraph (b)(1) of this section, each applicant and
   letter of intent filer shall demonstrate the following:

   (i) That a proposed system in the 1.6/2.4 GHz MSS frequency bands
   employs a non-geostationary constellation or constellations of
   satellites;

   (ii) That a system proposed to operate using non-geostationary
   satellites be capable of providing mobile satellite services to all
   locations as far north as 70 deg. North latitude and as far south as
   55 deg. South latitude for at least 75% of every 24-hour period, i.e.,
   that at least one satellite will be visible above the horizon at an
   elevation angle of at least 5 deg. for at least 18 hours each day
   within the described geographic area;

   (iii) That a system proposed to operate using non-geostationary
   satellites be capable of providing mobile satellite services on a
   continuous basis throughout the fifty states, Puerto Rico and the U.S.
   Virgin Islands, i.e., that at least one satellite will be visible
   above the horizon at an elevation angle of at least 5 deg. at all
   times within the described geographic areas; and

   (iv) That a system only using geostationary orbit satellites, at a
   minimum, be capable of providing mobile satellite services on a
   continuous basis throughout the 50 states, Puerto Rico, and the U.S.
   Virgin Islands, if technically feasible.

   (v) That operations will not cause unacceptable interference to other
   authorized users of the spectrum. In particular, each application in
   the 1.6/2.4 GHz frequency bands shall demonstrate that the space
   station(s) comply with the requirements specified in Sec. 25.213.

   (3) [Reserved]

   (c) Replacement of Space Stations Within the System License Term.
   Licensees of 1.6/2.4 GHz mobile-satellite systems authorized through a
   blanket license pursuant to paragraph (a) of this section 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:

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

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

   (d) In-Orbit Spares. Licensees need not file separate applications to
   operate technically identical in-orbit spares authorized as part of
   the blanket license pursuant to paragraph (a) of this section.
   However, the licensee shall certify to the Commission, within 10 days
   of bringing the in-orbit spare into operation, that operation of this
   space station did not cause the licensee to exceed the total number of
   operating space stations authorized by the Commission.

   (e) Reporting requirements. (1) All operators of 1.6/2.4 GHz
   Mobile-Satellite Service systems and 2 GHz Mobile-Satellite Service
   systems shall, on October 15 of each year, file with the International
   Bureau and the Commission's Columbia Operations Center, Columbia,
   Maryland, a report containing the following information current as of
   September 30 of that year:

   (i) Status of satellite construction and anticipated launch dates,
   including any major problems or delays encountered;

   (ii) A listing of any non-scheduled space station outages for more
   than 30 minutes and the cause or causes of the outage;

   (iii) 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 U.S. domestic or transborder
   transmission, the amount of capacity (if any) sold but not in service
   within U.S. territorial geographic areas, and the amount of unused
   system capacity. 2 GHz Mobile Satellite systems receiving expansion
   spectrum as part of the unserved areas spectrum incentive must provide
   a report on the actual number of subscriber minutes originating or
   terminating in unserved areas as a percentage of the actual U.S.
   system use; and

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

   (2) All operators of 1.6/2.4 GHz mobile-satellite systems shall,
   within 10 days after a required implementation milestone as specified
   in the system authorization, certify to the Commission by affidavit
   that the milestone has been met or notify the Commission by letter
   that it has not been met. At its discretion, the Commission may
   require the submission of additional information (supported by
   affidavit of a person or persons with knowledge thereof) to
   demonstrate that the milestone has been met.

   (3) All operators of 2 GHz Mobile-Satellite Service systems must begin
   system construction upon award of a service link license to U.S.-based
   applicants, or upon designation of spectrum for non-U.S.-based
   systems, in accordance with milestones set forth in the respective
   system's authorization. All operators of 2 GHz Mobile-Satellite
   Service systems shall, within 10 days after a required implementation
   milestone as specified in the system authorization, certify to the
   Commission by affidavit that the milestone has been met or notify the
   Commission by letter that it has not been met. At its discretion, the
   Commission may require the submission of additional information
   (supported by affidavit of a person or persons with knowledge thereof)
   to demonstrate that the milestone has been met. Failure to file timely
   certification of milestones, or filing disclosure of non-compliance,
   will result in automatic cancellation of the authorization with no
   further action required on the Commission's part.

   (f) Safety and distress communications. (1) Stations operating in the
   1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite
   Service that are voluntarily installed on a U.S. ship or are used to
   comply with any statute or regulatory equipment carriage requirements
   may also be subject to the requirements of sections 321(b) and 359 of
   the Communications Act of 1934. Licensees are advised that these
   provisions give priority to radio communications or signals relating
   to ships in distress and prohibits a charge for the transmission of
   maritime distress calls and related traffic.

   (2) Licensees offering distress and safety services should coordinate
   with the appropriate search and rescue organizations responsible for
   the licensees service area.

   (g) [Reserved]

   (h) Prohibition of certain agreements. No license shall be granted to
   any applicant for a space station in the mobile satellite service
   operating at 1610-1626.5/2483.5-2500 MHz if that applicant, or any
   persons or 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 possession, to construct or
   operate space segment or earth stations, 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.

   (i) Incorporation of ancillary terrestrial component base stations
   into a 1.6/2.4 GHz mobile-satellite service network or a 2 GHz
   mobile-satellite service network. Any licensee authorized to construct
   and launch a 1.6/2.4 GHz or a 2 GHz mobile-satellite system may
   construct ancillary terrestrial component (ATC) base stations as
   defined in Sec. 25.201 at its own risk and subject to the conditions
   specified in this subpart any time after commencing construction of
   the mobile-satellite service system.

   (j) Pre-operational build-out and testing. An MSS licensee may,
   without further authority from the Commission and at its own risk,
   engage in pre-operational build-out and conduct equipment tests for
   the purpose of making such adjustments and measurements as may be
   necessary to assure compliance with the terms of the technical
   provisions of its MSS license, ATC operation requirements, the rules
   and regulations in this Part and the applicable engineering standards.
   Prior to engaging in such pre-operational build-out and testing, an
   MSS licensee must notify the Commission concerning the initiation of
   MSS system satellite construction and the MSS operator's intent to
   construct and test ATC facilities. This notification must take the
   form of a letter formally filed with the Commission in the appropriate
   MSS license docket. Such letter shall specify the frequencies on which
   the MSS licensee proposes to engage in pre-operational testing and
   shall specify the name, address, telephone number and other such
   information as may be necessary to contact a MSS licensee
   representative for the reporting and mitigation of any interference
   that may occur as a result of such pre-operational testing and
   build-out. MSS licensees engaging in pre-operational build-out and
   testing must also comply with Sec. Sec. 5.83, 5.85(c), 5.111, and 5.117 of
   this chapter relating to experimental operations. An MSS licensee may
   not offer ATC service to the public for compensation during
   pre-operational testing. In order to operate any ATC base stations,
   such a licensee must meet all the requirements set forth in Sec. 25.149
   and must have been granted ATC authority.

   (k) Aircraft. ATC mobile terminals must be operated in accordance with
   25.136(a). All portable or hand-held transceiver units (including
   transceiver units installed in other devices that are themselves
   portable or hand-held) having operating capabilities in the
   2000-2020/2180-2200 MHz or 1610-1626.5 MHz/2483.5-2500 MHz bands shall
   bear the following statement in a conspicuous location on the device:
   "This device may not be operated while on board aircraft. It must be
   turned off at all times while on board aircraft."

   [ 59 FR 53328 , Oct. 21, 1994, as amended at  61 FR 9945 , Mar. 12, 1996;
    62 FR 5930 , Feb. 10, 1997;  65 FR 59143 , Oct. 4, 2000;  68 FR 33649 ,
   June 5, 2003;  68 FR 47858 , Aug. 12, 2003;  68 FR 51504 , Aug. 27, 2003]