Sec.  25.136   Licensing provisions for user transceivers in the 1.6/2.4 GHz,
1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.

   In  addition to the technical requirements specified in  Sec. 25.213, earth
   stations operating in the 1.6/2.4 GHz and 1.5/1.6 GHz Mobile Satellite
   Services are subject to the following operating conditions:

   (a) User transceiver units associated with the 1.6/2.4 GHz Mobile-Satellite
   Service or 2 GHz Mobile-Satellite Service may not be operated on civil
   aircraft unless the earth station has a direct physical connection to the
   aircraft cabin or cockpit communication system.

   (b) No person without an FCC license for such operation may transmit to a
   space station in this service from anywhere in the United States except to
   receive service from the holder of a pertinent FCC blanket license or from
   another party with the permission of such a blanket licensee.

   (c) The holder of an FCC blanket license for operation of transceivers for
   communication via a 1.6/2.4 GHz, 1.5/1.6 GHz, or 2 GHz Mobile Satellite
   Service system shall be responsible for operation of any such transceiver to
   receive service provided by that licensee or provided by another party with
   the blanket licensee's consent. Operators of such satellite systems shall
   not transmit communications to or from user transceivers in the United
   States unless such communications are authorized under a service contract
   with the holder of a pertinent FCC blanket license for transceiver operation
   or under a service contract with another party with authority for such
   transmission delegated by such a blanket licensee.

   (d) Any mobile earth station (MES) associated with the Mobile Satellite
   Service operating in the 1530–1544 MHz and 1626.5–1645.5 MHz bands shall
   have the following minimum set of capabilities to ensure compliance with
   Footnote S5.353A and the priority and real-time preemption requirements
   imposed by Footnote US315.

   (1)  All MES transmissions shall have a priority assigned to them that
   preserves the priority and preemptive access given to maritime distress and
   safety communications sharing the band.

   (2) Each MES with a requirement to handle maritime distress and safety data
   communications shall be capable of either:

   (i) Recognizing message and call priority identification when transmitted
   from its associated Land Earth Station (LES) or

   (ii) Accepting message and call priority identification embedded in the
   message or call when transmitted from its associated LES and passing the
   identification to shipboard data message processing equipment.

   (3) Each MES shall be assigned a unique terminal identification number that
   will be transmitted upon any attempt to gain access to a system.

   (4) After an MES has gained access to a system, the mobile terminal shall be
   under control of a LES and shall obtain all channel assignments from it.

   (5) All MESs that do not continuously monitor a separate signalling channel
   or signalling within the communications channel shall monitor the signalling
   channel at the end of each transmission.

   (6) Each MES shall automatically inhibit its transmissions if it is not
   correctly receiving separate signalling channel or signalling within the
   communications channel from its associated LES.

   (7) Each MES shall automatically inhibit its transmissions on any or all
   channels  upon receiving a channel-shut-off command on a signalling or
   communications channel it is receiving from its associated LES.

   (8) Each MES with a requirement to handle maritime distress and safety
   communications shall have the capability within the station to automatically
   preempt lower precedence traffic.

   (e)  Any Land Earth Station (LES) associated with the Mobile Satellite
   Service operating in the 1530–1544 MHz and 1626.5–1645.5 MHz bands shall
   have the following minimum set of capabilities to ensure that the MSS system
   complies with Footnote S5.353A and the priority and real-time preemption
   requirements imposed by Footnote US315. It should be noted that the LES
   operates in the Fixed-Satellite Service (“FSS”) as a feeder-link for the MSS
   (Radio Regulations 71) and that the following capabilities are to facilitate
   the priority and preemption requirements. The FSS feeder-link stations
   fulfilling these MSS requirements shall not have any additional priority
   with respect to FSS stations operating with other FSS systems.

   (1) All LES transmissions to mobile earth stations (MESs) shall have a
   priority assigned to them that preserves the priority and preemptive access
   given to maritime distress and safety communications.

   (2) The LES shall recognize the priority of calls to and from MES and make
   channel assignments taking into account the priority access that is given to
   maritime distress and safety communications.

   (3) The LES shall be capable of receiving the MES identification number when
   transmitted and verifying that it is an authorized user of the system to
   prohibit unauthorized access.

   (4) The LES shall be capable of transmitting channel assignment commands to
   the MESs.

   (5) The communications channels used between the LES and the MES shall have
   provision for signalling within the voice/data channel, for an MES, which
   does not continuously monitor the LES signalling channel during the time of
   a call.

   (6) The LES shall transmit periodic control signalling signals to MES, which
   do not continuously monitor the LES signalling channel.

   (7) The LES shall automatically inhibit all transmissions to MESs to which
   it  is  not transmitting a signalling channel or signalling within the
   communications channel.

   (8) The LES shall be capable of transmitting channel-shut-off commands to
   the MESs on signalling or communications channels.

   (9) Each LES shall be capable of interrupting, and if necessary, preempting
   ongoing  routine  traffic  from an MES in order to complete a maritime
   distress, urgency or safety call to that particular MES.

   (10) Each LES shall be capable of automatically turning off one or more of
   its associated channels in order to complete a maritime distress, urgency or
   safety call.

   (f) Incorporation of ancillary terrestrial component base station into an
   L-band mobile-satellite service system. Any licensee authorized to construct
   and  launch  an L-band 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.

   (g) 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. 25.147 and must have
   been granted ATC authority.

   (h)  Aircraft.  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 1626.5–1660.5 MHz and
   1525–1559 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.”

   [ 65 FR 59142 , Oct. 4, 2000, as amended at  67 FR 46604 , July 16, 2002;  67 FR 51110 , Aug. 7, 2002;  68 FR 43645 , July 24, 2003;  68 FR 47858 , Aug. 12, 2003;
    69 FR 5710 , Feb. 6, 2004]