§  25.149   Application requirements for ancillary terrestrial components in
the mobile-satellite service networks operating in the 1.5./1.6 GHz, 1.6/2.4
GHz and 2 GHz mobile-satellite service.

   (a) Applicants for ancillary terrestrial component authority shall
   demonstrate that the applicant does or will comply with the following
   through certification or explanatory technical exhibit, as appropriate:

   (1) ATC shall be deployed in the forward-band mode of operation whereby
   the ATC mobile terminals transmit in the MSS uplink bands and the ATC
   base stations transmit in the MSS downlink bands in portions of the
   2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5
   MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500
   MHz bands (Big LEO band).

   Note to paragraph (a)(1): An L-band MSS licensee is permitted to apply
   for ATC authorization based on a non-forward-band mode of operation
   provided it is able to demonstrate that the use of a non-forward-band
   mode of operation would produce no greater potential interference than
   that produced as a result of implementing the rules of this section.

   (2) ATC operations shall be limited to certain frequencies:

   (i) In the 2000-2020 MHz/2180-2200 MHz bands (2 GHz MSS band), ATC
   operations are limited to the selected assignment of the 2 GHz MSS
   licensee that seeks ATC authority.

   (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC
   operations are limited to the frequency assignments authorized and
   internationally coordinated for the MSS system of the MSS licensee that
   seeks ATC authority.

   (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO bands), ATC
   operations are limited to the 1610-1617.775 MHz, 1621.35-1626.5 MHz,
   and 2483.5-2495 MHz bands and to the specific frequencies authorized
   for use by the MSS licensee that seeks ATC authority.

   (3) ATC operations shall not exceed the geographical coverage area of
   the mobile satellite service network of the applicant for ATC
   authority.

   (4) ATC base stations shall comply with all applicable antenna and
   structural clearance requirements established in part 17 of this
   chapter.

   (5) ATC base stations and mobile terminals shall comply with part 1 of
   this chapter, Subpart I--Procedures Implementing the National
   Environmental Policy Act of 1969, including the guidelines for human
   exposure to radio frequency electromagnetic fields as defined in
   § § 1.1307(b) and 1.1310 of this chapter for PCS networks.

   (6) ATC base station operations shall use less than all available MSS
   frequencies when using all available frequencies for ATC base station
   operations would exclude otherwise available signals from MSS
   space-stations.

   (b) Applicants for an ancillary terrestrial component shall demonstrate
   that the applicant does or will comply with the following criteria
   through certification:

   (1) Geographic and temporal coverage. (i) For the 2 GHz MSS band, an
   applicant must demonstrate that it can provide space-segment service
   covering all 50 states, Puerto Rico, and the U.S. Virgin Islands
   one-hundred percent of the time, unless it is not technically possible,
   consistent with the coverage requirements for 2 GHz MSS GSO operators.

   (ii) For the L-band, an applicant must demonstrate that it can provide
   space-segment service covering all 50 states, Puerto Rico, and the U.S.
   Virgin Islands one-hundred percent of the time, unless it is not
   technically possible for the MSS operator to meet the coverage criteria
   from its orbital position.

   (iii) For the Big LEO band, an applicant must demonstrate that it can
   provide space-segment service to all locations as far north as 70DEG
   North latitude and as far south as 55DEG South latitude for at least
   seventy-five percent 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 5DEG for at least 18 hours each day, and 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 5DEG at all times.

   (2) Replacement satellites. (i) Operational NGSO MSS ATC systems shall
   maintain an in-orbit spare satellite.

   (ii) Operational GSO MSS ATC systems shall maintain a spare satellite
   on the ground within one year of commencing operations and launch it
   into orbit during the next commercially reasonable launch window
   following a satellite failure.

   (iii) All MSS ATC licensees must report any satellite failures,
   malfunctions or outages that may require satellite replacement within
   ten days of their occurrence.

   (3) Commercial availability. Mobile-satellite service must be
   commercially available ( viz. , offering services for a fee) in
   accordance with the coverage requirements that pertain to each band as
   a prerequisite to an MSS licensee's offering ATC service.

   (4) Integrated services. MSS ATC licensees shall offer an integrated
   service of MSS and MSS ATC. Applicants for MSS ATC may establish an
   integrated service offering by affirmatively demonstrating that:

   (i) The MSS ATC operator will use a dual-mode handset that can
   communicate with both the MSS network and the MSS ATC component to
   provide the proposed ATC service; or

   (ii) Other evidence establishing that the MSS ATC operator will provide
   an integrated service offering to the public.

   (5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is limited to
   an MSS licensee's selected assignment. MSS ATC operations on
   frequencies beyond the MSS licensee's selected assignment are
   prohibited.

   (ii) In the Big LEO bands, MSS ATC is limited to no more than 7.775 MHz
   of spectrum in the L-band and 11.5 MHz of spectrum in the S-band.
   Licensees in these bands may implement ATC only on those channels on
   which MSS is authorized, consistent with the Big LEO band-sharing
   arrangement.

   (iii) In the L-band, MSS ATC is limited to those frequency assignments
   available for MSS use in accordance with the Mexico City Memorandum of
   Understanding, its successor agreements or the result of other
   organized efforts of international coordination.

   (c) Equipment certification. (1) Each ATC MET utilized for operation
   under this part and each transmitter marketed, as set forth in § 2.803
   of this chapter, must be of a type that has been authorized by the
   Commission under its certification procedure for use under this part.

   (2) Any manufacturer of radio transmitting equipment to be used in
   these services may request equipment authorization following the
   procedures set forth in subpart J of part 2 of this chapter. Equipment
   authorization for an individual transmitter may be requested by an
   applicant for a station authorization by following the procedures set
   forth in part 2 of this chapter.

   (3) Licensees and manufacturers are subject to the radiofrequency
   radiation exposure requirements specified in § § 1.1307(b), 2.1091 and
   2.1093 of this chapter, as appropriate. MSS ATC base stations must
   comply with the requirements specified in § 1.1307(b) of this chapter
   for PCS base stations. MSS ATC mobile terminals must comply with the
   requirements specified for mobile and portable PCS transmitting devices
   in § 1.1307(b) of this chapter. MSS ATC mobile terminals must also
   comply with the requirements in § § 2.1091 and 2.1093 of this chapter
   for Satellite Communications Services devices. Applications for
   equipment authorization of mobile or portable devices operating under
   this section must contain a statement confirming compliance with these
   requirements for both fundamental emissions and unwanted emissions.
   Technical information showing the basis for this statement must be
   submitted to the Commission upon request.

   (d) Applicants for an ancillary terrestrial component authority shall
   demonstrate that the applicant does or will comply with the provisions
   of § § 1.924 and 25.203(e) through 25.203(g) and with § § 25.252,
   25.253, or 25.254, as appropriate, through certification or explanatory
   technical exhibit.

   (e) Except as provided for in paragraph (f) of this section, no
   application for an ancillary terrestrial component shall be granted
   until the applicant has demonstrated actual compliance with the
   provisions of paragraph (b) of this section. Upon receipt of ATC
   authority, all ATC licensees must ensure continued compliance with this
   section and § § 25.252, 25.253, or 25.254, as appropriate.

   (f) Special provision for operational MSS systems. Applicants for MSS
   ATC authority with operational MSS systems that are in actual
   compliance with the requirements prescribed in paragraphs (b)(1),
   (b)(2), and (b)(3) of this section at the time of application may elect
   to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this
   section prospectively by providing a substantial showing in its
   certification regarding how the applicant will comply with the
   requirements of paragraphs (b)(4) and (b)(5) of this section.
   Notwithstanding § 25.117(f) and paragraph (e) of this section, the
   Commission may grant an application for ATC authority based on such a
   prospective substantial showing if the Commission finds that operations
   consistent with the substantial showing will result in actual
   compliance with the requirements prescribed in paragraphs (b)(4) and
   (b)(5) of this section. An MSS ATC applicant that receives a grant of
   ATC authority pursuant to this paragraph (f) shall notify the
   Commission within 30 days once it begins providing ATC service. This
   notification must take the form of a letter formally filed with the
   Commission in the appropriate MSS license docket and shall contain a
   certification that the MSS ATC service is consistent with its ATC
   authority.

   [ 68 FR 47859 , Aug. 12, 2003, as amended at  69 FR 48162 , Aug. 9, 2004;
    70 FR 19318 , Apr. 13, 2005,  73 FR 25592 , May 7, 2008]

Processing of Applications