Sec.  25.146   Licensing and operating authorization provisions for the
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in the
bands 10.7 GHz to 14.5 GHz.

   

   (a) A comprehensive technical showing shall be submitted for the
   proposed non-geostationary satellite orbit fixed-satellite service
   (NGSO FSS) system in the bands 10.7 GHz to 14.5 GHz. The technical
   information shall demonstrate that the proposed NGSO FSS system would
   not exceed the validation equivalent power flux-density (EPFD) limits
   as specified in Sec. 25.208 (g), (k), and (l) for EPFD[down], and
   EPFD[up]. If the technical demonstration exceeds the validation EPFD
   limits at any test points within the U.S. for domestic service and at
   any points outside of the U.S. for international service or at any
   points in the geostationary satellite orbit, as appropriate, the
   application would be unacceptable for filing and will be returned to
   the applicant with a brief statement identifying the non-compliance
   technical demonstration. The technical showing consists of the
   following:

   (1) Single-entry validation equivalent power flux-density, in the
   space-to-Earth direction, (EPFDdown) limits. (i) Provide a set of
   power flux-density (pfd) masks, on the surface of the Earth, for each
   space station in the NGSO FSS system. The pfd masks shall be generated
   in accordance with the specification stipulated in the ITU-R
   Recommendation BO.1503, "Functional Description to be used in
   Developing Software Tools for Determining Conformity of Non-GSO FSS
   Networks with Limits Contained in Article S22 of the Radio
   Regulations." In particular, the pfd mask must encompass the power
   flux-density radiated by the space station regardless of the satellite
   transmitter power resource allocation and traffic/beam switching
   strategy that are used at different periods of a NGSO FSS system life.
   The pfd masks shall also be in an electronic form that can be accessed
   by the computer program contained in paragraph (a)(1)(iii) of this
   section.

   (ii) Identify and describe in detail the assumptions and conditions
   used in generating the power flux-density masks.

   (iii) If a computer program that has been approved by the ITU for
   determining compliance with the single-entry EPFD[down] validation
   limits is not yet available, the applicant shall provide a computer
   program for the single-entry EPFD[down] validation computation,
   including both the source code and the executable file. This computer
   program shall be developed in accordance with the specification
   stipulated in Recommendation ITU-R S.1503 (2000). If the applicant
   uses the ITU approved software, the applicant shall indicate the
   program name and the version used.

   (iv) Identify and describe in detail the necessary input parameters
   for the execution of the computer program identified in paragraph
   (a)(1)(iii) of this section.

   (v) Provide the result, the cumulative probability distribution
   function of EPFD, of the execution of the computer program described
   in paragraph (a)(1)(iii) of this section by using only the input
   parameters contained in paragraphs (a)(1)(i) and (a)(1)(iv) of this
   section.

   (2) Single-entry validation equivalent power flux-density, in the
   Earth-to-space direction, EPFDup limits. (i) Provide a set of NGSO FSS
   earth station maximum equivalent isotropically radiated power
   (e.i.r.p.) mask as a function of the off-axis angle generated by a
   NGSO FSS earth station. The maximum e.i.r.p. mask shall be generated
   in accordance with the specification stipulated in the ITU-R
   Recommendation BO.1503. In particular, the results of calculations
   encompass what would be radiated regardless of the earth station
   transmitter power resource allocation and traffic/beam switching
   strategy are used at different periods of a NGSO FSS system life. The
   e.i.r.p. masks shall also be in an electronic form that can be
   accessed by the computer program contained in paragraph (a)(2)(iii) of
   this section.

   (ii) Identify and describe in detail the assumptions and conditions
   used in generating the maximum earth station e.i.r.p. mask.

   (iii) If a computer program that has been approved by the ITU for
   determining compliance with the single-entry EPFD[up] validation
   limits is not yet available, the applicant shall provide a computer
   program for the single-entry EPFD[up] validation computation,
   including both the source code and the executable file. This computer
   program shall be developed in accordance with the specification
   stipulated in Recommendation ITU-R S.1503 (2000). If the applicant
   uses the ITU approved software, the applicant shall indicate the
   program name and the version used.

   (iv) Identify and describe in detail the necessary input parameters
   for the execution of the computer program identified in paragraph
   (a)(2)(iii) of this section.

   (v) Provide the result of the execution of the computer program
   described in paragraph (a)(2)(iii) of this section by using only the
   input parameters contained in paragraphs (a)(2)(i) and (a)(2)(iv) of
   this section.

   (b) Ninety days prior to the initiation of service to the public, the
   NGSO FSS system licensee shall submit a comprehensive technical
   showing for the non-geostationary satellite orbit fixed-satellite
   service (NGSO FSS) system in the bands 10.7 GHz to 14.5 GHz. The
   technical information shall demonstrate that the NGSO FSS system is
   expected not to operate in excess of the additional operational
   EPFD[down] limits and the operational EPFD[down] limits as specified
   in Sec. 25.208 (i), (j) and notes 2 and 3 to the table in paragraph (l).
   If the technical demonstration exceeds the additional operational
   EPFD[down] limits or the operational EPFD[down] limits at any test
   points with the U.S. for domestic service and at any test points out
   side of the U.S. for international service, the NGSO FSS system
   licensee shall not initiate service to the public until the deficiency
   has been rectified by reducing satellite transmission power or other
   adjustments. This must be substantiated by subsequent technical
   showings. The technical showings consist of the following:

   (1) Single-entry additional operational equivalent power flux-density,
   in the space-to-Earth direction, (additional operational EPFDdown)
   limits. (i) Provide a set of anticipated operational power
   flux-density (pfd) masks, on the surface of the Earth, for each space
   station in the NGSO FSS system. The anticipated operational power
   flux-density masks could be generated by using the method specified in
   ITU-R Recommendation BO.1503. In particular, the anticipated
   operational pfd mask shall take into account the expected maximum
   traffic loading distributions and geographic specific scheduling of
   the actual measured space station antenna patterns (see Sec. 25.210(k)).
   The anticipated operational power flux-density masks shall also be in
   an electronic form that can be accessed by the computer program
   contained in paragraph (b)(1)(iii) of this section.

   (ii) Identify and describe in detail the assumptions and conditions
   used in generating the anticipated operational power flux-density
   masks.

   (iii) Provide a computer program for the single-entry additional
   operational EPFD[down] verification computation, including both the
   source code and the executable file. This computer program could be
   developed by using the method specified in ITU-R Recommendation
   BO.1503.

   (iv) Identify and describe in detail the necessary input parameters
   for the execution of the additional operational EPFD[down]
   verification computer program identified in paragraph (b)(1)(iii) of
   this section.

   (v) Provide the result, the cumulative probability distribution
   function of EPFD, of the execution of the verification computer
   program described in paragraph (b)(1)(iii) of this section by using
   only the input parameters contained in paragraphs (b)(1)(i) and
   (b)(1)(iv) of this section for each of the submitted test points
   provided by the Commission. These test points are based on information
   from U.S.-licensed geostationary satellite orbit fixed-satellite
   service and broadcast satellite service operators in the bands 10.7
   GHz to 14.5 GHz. Each U.S.-licensed geostationary satellite orbit
   fixed satellite service and broadcast satellite service operator in
   the bands 10.7 GHz to 14.5 GHz may submit up to 10 test points for
   this section containing the latitude, longitude, altitude, azimuth,
   elevation angle, antenna size, efficiency to be used by
   non-geostationary satellite orbit fixed-satellite service licensees in
   the bands 10.7 GHz to 14.5 GHz during the upcoming year.

   (2) Operational equivalent power flux-density, space-to-Earth
   direction, (operational EPFD[down]) limits. Using the information
   contained in (b)(1) of this section plus the measured space station
   antenna patterns, provide the result of the execution of the computer
   simulation for the anticipated in-line operational EPFD[down] levels
   for each of the submitted test points provided by the Commission.
   Submitted test points are based on inputs from U.S.-licensed
   geostationary satellite orbit fixed-satellite service and broadcast
   satellite service operators in the bands 10.7 GHz to 14.5 GHz. Each
   U.S.-licensed geostationary satellite orbit fixed-satellite service
   and broadcast satellite service operator in the bands 10.7 GHz to 14.5
   GHz may submit up to 10 test points for this section containing the
   latitude, longitude, altitude, azimuth, elevation angle, antenna size,
   efficiency to be used by non-geostationary satellite orbit
   fixed-satellite service licensees in the bands 10.7 GHz to 14.5 GHz
   during the upcoming year.

   (c) The NGSO FSS system licensee shall, on June 30 of each year, file
   a report with the International Bureau and the Commission's Columbia
   Operations Center in Columbia, Maryland, certifying that the system
   continues to operate within the bounds of the masks and other input
   parameters specified under 25.146(a) and 25.146(b) as well as
   certifying the status of the additional operational EPFD[down] levels
   into the 3 m and 10 m geostationary satellite orbit fixed-satellite
   service receiving Earth station antennas, the operational EPFD[down]
   levels into the 3 m, 4.5 m, 6.2 m and 10 m geostationary satellite
   orbit fixed-satellite service receiving Earth station antennas and the
   operational EPFD[down] levels into the 180 cm geostationary satellite
   orbit broadcast satellite service receiving Earth station antennas in
   Hawaii and 240 cm geostationary satellite orbit broadcast satellite
   service receiving Earth station antennas in Alaska.

   (d) The Commission may request at any time additional information from
   the NGSO FSS system applicant or licensee concerning the EPFD levels
   and the related technical showings.

   (e) A NGSO FSS system licensee operating a system in compliance with
   the limits specified in Sec. 25.208 (g), (i), (j), (k), (l) and (m) shall
   be considered as having fulfilled its obligations under ITU Radio
   Regulations provision S22.2 with respect to any GSO network. However,
   such NGSO FSS system shall not claim protection from GSO FSS and BSS
   networks operating in accordance with this part 25 or part 100 of this
   chapter, respectively, and the ITU Radio Regulations.

   (f) Coordination will be required between NGSO FSS systems and GSO FSS
   earth stations in the frequency band 10.7-12.75 GHz when all of the
   following threshold conditions are met:

   (1) Bandwidth overlap; and

   (2) The satellite network using the GSO has specific receive earth
   stations which meet all of the following conditions: earth station
   antenna maximum isotropic gain greater than or equal to 64 dBi; G/T of
   44 dB/K or higher; and emission bandwidth of 250 MHz; and the
   EPFD[down] radiated by the satellite system using the NGSO into the
   GSO specific receive earth station, either within the U.S. for
   domestic service or any points outside the U.S. for international
   service, as calculated using the ITU software for examining compliance
   with EPFD limits set forth in Article 22 of the ITU Radio Regulations
   exceeds -174.5 dB(W/(m2/40kHz)) for any percentage of time for NGSO
   systems with all satellites only operating at or below 2500 km
   altitude, or -202 dB(W/(m2/40kHz)) for any percentage of time for NGSO
   systems with any satellites operating above 2500 km altitude.

   (3) If there is no ITU software for examining compliance with EPFD
   limits set forth in Article 22 of the ITU Radio Regulations, then the
   EPFD[down] coordination trigger is suspended and the requirement for
   coordination will be based on bandwidth overlap and the satellite
   network using the GSO has specific receive earth stations which meet
   all of the following conditions: earth station antenna maximum
   isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K or
   higher; and emission bandwidth of 250 MHz.

   (g) Operational power flux density, space-to-Earth direction, limits.
   Ninety days prior to the initiation of service to the public, the NGSO
   FSS system licensee shall submit a technical showing for the NGSO FSS
   system in the band 12.2-12.7 GHz. The technical information shall
   demonstrate that the NGSO FSS system is capable of meeting the limits
   as specified in Sec. 25.208(o). Licensees may not provide service to the
   public if they fail to demonstrate compliance with the PFD limits.

   (h) System License. Applicants authorized to construct and launch a
   system of technically identical non-geostationary satellite orbit
   fixed satellite service satellites will be awarded a single "blanket"
   license covering a specified number of space stations to operate in a
   specified number of orbital planes.

   (i) In addition to providing the information specified in Sec. 25.114,
   each NGSO FSS applicant shall provide the following:

   (1) A demonstration that the proposed system is capable of providing
   fixed-satellite services on a continuous basis throughout the fifty
   states, Puerto Rico and the U.S. Virgin Islands, U.S.; and

   (2) A demonstration that the proposed system be capable of providing
   fixed-satellite services to all locations as far north as 70 deg.
   latitude and as far south as 55 deg. latitude for at least 75 percent
   of every 24-hour period; and

   (3) Sufficient information on the NGSO FSS system characteristics to
   properly model the system in computer sharing simulations, including,
   at a minimum, NGSO hand-over and satellite switching strategies, NGSO
   satellite beam patterns, NGSO satellite antenna patterns and NGSO
   earth station antenna patterns. In particular, each NGSO FSS applicant
   must explain the switching protocols it uses to avoid transmitting
   while passing through the geostationary satellite orbit arc, or
   provide an explanation as to how the power-flux density limits in
   Sec. 25.208 are met without using geostationary satellite orbit arc
   avoidance. In addition, each NGSO FSS applicant must provide the
   orbital parameters contained in Section A.3 of Annex 1 to Resolution
   46. Further, each NGSO FSS applicant must provide a sufficient
   technical showing to demonstrate that the proposed non-geostationary
   satellite orbit system meets the power-flux density limits contained
   in Sec. 25.208, as applicable, and

   (4) A description of the design and operational strategies that it
   will use, if any, to mitigate orbital debris. Each applicant must
   submit a casualty risk assessment if planned post-mission disposal
   involves atmospheric re-entry of the spacecraft.

   (j) [Reserved]

   (k) Implementation Milestone Schedule. Each NGSO FSS licensee in the
   10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands will
   be required to enter into a non-contingent satellite manufacturing
   contract for the system within one year of authorization, to complete
   critical design review within two years of authorization, to begin
   physical construction of all satellites in the system within two and a
   half years of authorization, to complete construction and launch of
   the first two satellites within three and a half years of grant, and
   to launch and operate its entire authorized system within six years of
   authorization. Each NGSO FSS licensee in the 10.7-12.7 GHz,
   12.75-13.25 GHz and 13.75-14.5 GHz frequency bands must submit
   certifications of milestone compliance within 10 days following a
   milestone specified in its authorization.

   (l) Reporting Requirements. All NGSO FSS licensees in the 10.7-12.7
   GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands shall, on June
   30th of the first year following launch of the first two space
   stations in their system, and annually thereafter, file a report with
   the International Bureau and the Commission's Laurel, Maryland field
   office containing the following information:

   (1) Status of space station construction and anticipated launch date,
   including any major problems or delay encountered;

   (2) Identification of any space station(s) 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.

   (m) Replacement of Space Stations within the System License Term.
   Licensees of NGSO FSS systems in the 10.7-12.7 GHz, 12.75-13.25 GHz
   and 13.75-14.5 GHz frequency bands authorized through a blanket
   license pursuant to paragraph (g) of this section need not file
   separate applications to 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 into the
   previously-authorized orbit 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.

   (n) 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 (g) 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.

   [ 66 FR 10619 , Feb. 16, 2001, as amended at  67 FR 53510 , Aug. 16, 2002;
    68 FR 16447 , Apr. 4, 2003;  68 FR 43946 , July 25, 2003;  68 FR 51505 ,
   Aug. 27, 2003;  69 FR 31302 , June 3, 2004]

   Effective Date Note:   At  68 FR 43946 , July 25, 2003, Sec. 25.146 was
   amended by redesignating paragraphs (g) through (m) as paragraphs (h)
   through (n) and by adding a new paragraph (g). This paragraph contains
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.