§  25.144   Licensing provisions for the 2.3 GHz satellite digital audio
radio service.

   (a) Qualification Requirements:

   (1) [Reserved]

   (2) General Requirements: Each application for a system authorization
   in the satellite digital audio radio service in the 2310-2360 MHz band
   shall describe in detail the proposed satellite digital audio radio
   system, setting forth all pertinent technical and operational aspects
   of the system, and the technical, legal, and financial qualifications
   of the applicant. In particular, applicants must file information
   demonstrating compliance with § 25.114 and all of the requirements of
   this section.

   (3) Technical Qualifications: In addition to the information specified
   in paragraph (a)(1) of this section, each applicant shall:

   (i) Demonstrate that its system will, at a minimum, service the 48
   contiguous states of the United States (full CONUS);

   (ii) Certify that its satellite DARS system includes a receiver that
   will permit end users to access all licensed satellite DARS systems
   that are operational or under construction; and

   (iii) Identify the compression rate it will use to transmit audio
   programming. If applicable, the applicant shall identify the
   compression rate it will use to transmit services that are ancillary to
   satellite DARS.

   (b) Milestone requirements. Each applicant for system authorization in
   the satellite digital audio radio service must demonstrate within 10
   days after a required implementation milestone as specified in the
   system authorization, and on the basis of the documentation contained
   in its application, 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. The satellite DARS milestones are as follows,
   based on the date of authorization:

   (1) One year: Complete contracting for construction of first space
   station or begin space station construction;

   (2) Two years: If applied for, complete contracting for construction of
   second space station or begin second space station construction;

   (3) Four years: In orbit operation of at least one space station; and

   (4) Six years: Full operation of the satellite system.

   (c) Reporting requirements. All licensees of satellite digital audio
   radio service systems shall, on June 30 of each year, 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) A listing of any non-scheduled space station outages for more than
   thirty minutes and the cause(s) of such outages; and

   (3) 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.

   (d) The license term for each digital audio radio service satellite
   shall commence when the satellite is launched and put into operation
   and the term will run for eight years.

   [ 62 FR 11105 , Mar. 11, 1997, as amended at  68 FR 51504 , Aug. 27, 2003;
    70 FR 32254 , June 2, 2005]