Sec.  25.115   Application for earth station authorizations.

   (a)(1)  Transmitting  earth stations. Commission authorization must be
   obtained for authority to operate a transmitting earth station. Applications
   shall be filed electronically on FCC Form 312, Main Form and Schedule B, and
   include  the  information specified in  Sec. 25.130, except as set forth in
   paragraph (a)(2) of this section.

   (2) Applicants for licenses for transmitting earth station facilities are
   required to file on Form 312EZ, to the extent that form is available, in the
   following cases:

   (i) The earth station will transmit in the 3700–4200 MHz and 5925–6425 MHz
   band, and/or the 11.7–12.2 GHz and 14.0–14.5 GHz band; and

   (ii) The earth station will meet all the applicable technical specifications
   set forth in part 25 of this chapter.

   (iii) The earth station is not an ESV.

   (3)  If  Form 312EZ is not available, earth station license applicants
   specified in paragraph (a)(2) must file on FCC Form 312, Main Form and
   Schedule B, and include the information specified in  Sec. 25.130.

   (4)  Applications  for  earth  station authorizations must be filed in
   accordance with the pleading limitations, periods and other applicable
   provisions of  Sec.  Sec. 1.41 through 1.52 of this chapter, except that such earth
   station applications must be filed electronically through the International
   Bureau Filing System (IBFS) in accordance with the applicable provisions of
   part 1, subpart Y of this chapter;

   (b) Receive-only earth stations. Applications to license or register receive
   only earth stations shall be filed on FCC Form 312, Main Form and Schedule
   B, and conform to the provisions of  Sec. 25.131.

   (c)(1) Large Networks of Small Antennas operating in the 11.7–12.2 GHz and
   14.0–14.5  GHz frequency bands with U.S.-licensed or non-U.S.-licensed
   satellites for domestic or international services. Applications to license
   small antenna network systems operating in the 11.7–12.2 GHz and 14.0–14.5
   GHz frequency band under blanket operating authority shall be filed on FCC
   Form 312 and Schedule B, for each large (5 meters or larger) hub station,
   and Schedule B for each representative type of small antenna (less than 5
   meters) operating within the network.

   (c)(2) Large Networks of Small Antennas operating in the 4/6 GHz frequency
   bands  with U.S.-licensed or non-U.S. licensed satellites for domestic
   services (CSATs). Applications to license small antenna network systems
   operating in the standard C-Band, 3700–4200 MHz and 5925–6425 MHz frequency
   band shall be filed electronically on FCC Form 312, Main Form and Schedule
   B.

   (i)  An  initial lead application providing a detailed overview of the
   complete network shall be filed. Such lead applications shall fully identify
   the scope and nature of the service to be provided, as well as the complete
   technical details of each representative type of small antenna (less than
   4.5 meters) that will operate within the network. Such lead applications for
   a single CSAT system must identify:

   (A) No more than three discrete geostationary satellites to be accessed;

   (B) The amount of frequency bandwidth sought, up to a maximum of 20 MHz of
   spectrum in each direction at each of the satellites (The same 20 MHz of
   uplink and 20 MHz of downlink spectrum at each satellite would be accessible
   by all CSAT earth stations in the system. The 20 MHz of uplink and 20 MHz of
   downlink spectrum need not be the same at each satellite location);

   (C) The maximum number of earth station sites;

   (ii) Following the issuance of a license for the lead application, the
   licensee shall notify the Commission of the complete technical parameters of
   each individual earth station site before that site is bought into operation
   under the lead authorization. Full frequency coordination of each individual
   site (e.g., for each satellite and the spectrum associated therewith) shall
   be completed prior to filing Commission notification. The coordination must
   be conducted in accordance with  Sec. 25.203. Such notification shall be done by
   electronic filing and shall be consistent with the technical parameters of
   Schedule B of FCC Form 312.

   (iii) Following successful coordination of such an earth station, if the
   earth station operator does not file a lead application or a Schedule B
   within six months after it successfully completes coordination, it will be
   assumed  that such frequency use is no longer desired, unless a second
   notification has been received within ten days prior to the end of the six
   month  period.  Such renewal notifications must be sent to all parties
   concerned. If the lead application or Schedule B, or renewal notification,
   is not timely received, the coordination will lapse and the licensee must
   re-coordinate the relevant earth stations if it still wishes to bring them
   into operation.

   (iv) Operation of each individual site may commence immediately after the
   public notice is released that identifies the notification sent to the
   Commission and if the requirements of paragraph (c)(2)(vi) of this section
   are met. Continuance of operation of each station for the duration of the
   lead license term shall be dependent upon successful completion of the
   normal public notice process. If any objections are received to the new
   station prior to the end of the 30 day comment period of the Public Notice,
   the licensee shall immediately cease operation of those particular stations
   until the coordination dispute is resolved and the CSAT licensee informs the
   Commission of the resolution. If the requirements of paragraph (c)(2)(vi) of
   this section are not met, operation may not commence until the Commission
   issues the public notice acting on the CSAT terminal authorization.

   (v) Each CSAT licensee shall annually provide the Commission an updated list
   of all operational earth stations in its system. The annual list shall also
   include  a  list of all earth stations deactivated during the year and
   identification of the satellites providing service to the network as of the
   date of the report.

   (vi)  Conditional authorization. (A) An applicant for a new CSAT radio
   station  or  modification of an existing CSAT station authorized under
   paragraph (c)(2)(i) of this section in the 3700–4200; or 5925–6425 MHz bands
   may operate the proposed station during the pendency of its application
   after the release of the public notice accepting the notification for filing
   that complies with paragraph (c)(2)(ii) of this section. The applicant,
   however, must first certify that the following conditions are satisfied:

   (1) The frequency coordination procedures of  Sec. 25.203 have been successfully
   completed;

   (2)  The  antenna structure has been previously studied by the Federal
   Aviation Administration and determined to pose no hazard to aviation safety
   as required by subpart B of part 17 of this chapter; or the antenna or tower
   structure does not exceed 6.1 meters above ground level or above an existing
   man-made structure (other than an antenna structure), if the antenna or
   tower has not been previously studied by the Federal Aviation Administration
   and cleared by the FCC;

   (3)  The  grant of the application(s) does not require a waiver of the
   Commission's rules (with the exception of a request for waiver pertaining to
   fees);

   (4)  The  applicant  has  determined  that  the facility(ies) will not
   significantly affect the environment as defined in  Sec. 1.1307 of this chapter;

   (5)  The  station  site  does  not  lie  within 56.3 kilometers of any
   international border or within a radio “Quiet Zone” identified in  Sec. 1.924 of
   this chapter; and

   (6)  The  filed  application  is consistent with the proposal that was
   coordinated pursuant to  Sec. 25.251.

   (B) Conditional authority ceases immediately if the Schedule B is returned
   by the Commission because it is not accepted for filing.

   (C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A) and
   (c)(2)(vi)(B)  of this section is evidenced by retaining a copy of the
   Schedule B notification with the station records. Conditional authorization
   does  not  prejudice any action the Commission may take on the subject
   application(s) or the Schedule B notifications.

   (D) Conditional authority is accepted with the express understanding that
   such authority may be modified or cancelled by the Commission at any time
   without hearing if, in the Commission's discretion, the need for such action
   arises.  An applicant operating pursuant to this conditional authority
   assumes  all  risks associated with such operation, the termination or
   modification of the conditional authority, or the subsequent dismissal or
   denial of its application(s).

   (E) The copy of the Schedule B notification form must be posted at each
   station operating pursuant to this section.

   (vii) Period of construction. Construction of each earth station must be
   completed and the station must be brought into regular operation within
   twelve months from the date that action is taken to authorize that station
   to  operate  under  the lead authorization, except as may be otherwise
   determined by the Commission for any particular application.

   (d) User transceivers in the NVNG, 1.6/2.4 GHz Mobile-Satellite Service, and
   2 GHz Mobile-Satellite Service need not be individually licensed. Service
   vendors may file blanket applications for transceivers units using FCC Form
   312, Main Form and Schedule B, and specifying the number of units to be
   covered by the blanket license. Each application for a blanket license under
   this section shall include the information described in  Sec. 25.136.

   (e) Earth stations operating in the 20/30 GHz Fixed-Satellite Service with
   U.S.-licensed or non-U.S. licensed satellites: Applications to license
   individual earth stations operating in the 20/30 GHz band shall be filed on
   FCC  Form  312,  Main  Form and Schedule B, and shall also include the
   information described in  Sec. 25.138. Earth stations belonging to a network
   operating in the 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 GHz or 29.25–30.0
   GHz bands may be licensed on a blanket basis. Applications for such blanket
   authorization may be filed using FCC Form 312, Main Form and Schedule B, and
   specifying the number of terminals to be covered by the blanket license.
   Each application for a blanket license under this section shall include the
   information described in  Sec. 25.138.

   (f)   User  transceivers  in  the  non-geostationary  satellite  orbit
   fixed-satellite service in the 11.7–12.2 GHz, 12.2–12.7 GHz and 14.0–14.5
   GHz  bands need not be individually licensed. Service vendors may file
   blanket applications for transceiver units using FCC Form 312, Main Form and
   Schedule B, and shall specify the number of terminals to be covered by the
   blanket license. Each application for a blanket license under this section
   shall include the information described in  Sec. 25.146. Any earth stations that
   are not user transceivers, and which transmit in the non-geostationary
   satellite orbit fixed-satellite service in the 10.7–11.7 GHz, 12.75–13.15
   GHz,  13.2125–13.25 GHz, and 13.75–14.0 GHz bands must be individually
   licensed, pursuant to paragraph (a) of this section.

   [ 62 FR 5928 , Feb. 10, 1997, as amended at  62 FR 64172 , Dec. 4, 1997;  65 FR 54169 , Sept. 7, 2000;  65 FR 59142 , Oct. 4, 2000;  66 FR 31559 , June 12, 2001;
    67 FR 53510 , Aug. 16, 2002;  68 FR 16966 , Apr. 8, 2003;  68 FR 63998 , Nov. 12,
   2003;  69 FR 29901 , May 26, 2004;  69 FR 47794 , Aug. 6, 2004;  70 FR 4783 , Jan.
   31, 2005;  70 FR 32253 , June 2, 2005]