§  25.143   Licensing provisions for the 1.6/2.4 GHz mobile-satellite service
and 2 GHz mobile-satellite service.

   (a) System license. Applicants authorized to construct and launch a
   system of technically identical satellites will be awarded a single
   "blanket" license. In the case of non-geostationary satellites, the
   blanket license will cover a specified number of space stations to
   operate in a specified number of orbital planes. In the case of
   geostationary satellites, as part of a geostationary-only satellite
   system or a geostationary/non-geostationary hybrid satellite system, an
   individual license will be issued for each satellite to be located at a
   geostationary orbital location.

   (b) Qualification Requirements--(1) General Requirements . Each
   application for a space station system authorization in the 1.6/2.4 GHz
   Mobile-Satellite Service or 2 GHz Mobile-Satellite Service shall
   describe in detail the proposed satellite system, setting forth all
   pertinent technical and operational aspects of the system, and the
   technical and legal qualifications of the applicant. In particular,
   each application shall include the information specified in § 25.114.
   Non-U.S. licensed systems shall comply with the provisions of § 25.137.

   (2) Technical qualifications. In addition to providing the information
   specified in paragraph (b)(1) of this section, each applicant and
   letter of intent filer shall demonstrate the following:

   (i) That a proposed system in the 1.6/2.4 GHz MSS frequency bands
   employs a non-geostationary constellation or constellations of
   satellites;

   (ii) That a system proposed to operate using non-geostationary
   satellites be capable of providing mobile satellite services to all
   locations as far north as 70 deg. North latitude and as far south as 55
   deg. South latitude for at least 75% 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 5 deg. for at least 18 hours each day
   within the described geographic area;

   (iii) That a system proposed to operate using non-geostationary
   satellites be capable of providing mobile satellite services 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 5 deg. at all times
   within the described geographic areas; and

   (iv) That a system only using geostationary orbit satellites, at a
   minimum, be capable of providing mobile satellite services on a
   continuous basis throughout the 50 states, Puerto Rico, and the U.S.
   Virgin Islands, if technically feasible.

   (v) That operations will not cause unacceptable interference to other
   authorized users of the spectrum. In particular, each application in
   the 1.6/2.4 GHz frequency bands shall demonstrate that the space
   station(s) comply with the requirements specified in § 25.213.

   (3) [Reserved]

   (c) Replacement of Space Stations Within the System License Term.
   Licensees of 1.6/2.4 GHz mobile-satellite systems authorized through a
   blanket license pursuant to paragraph (a) of this section need not file
   separate applications to construct, 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 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.

   (d) 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 (a) 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.

   (e) Reporting requirements. (1) All operators of 1.6/2.4 GHz
   Mobile-Satellite Service systems and 2 GHz Mobile-Satellite Service
   systems shall, on October 15 of each year, file with the International
   Bureau and the Commission's Columbia Operations Center, Columbia,
   Maryland, a report containing the following information current as of
   September 30 of that year:

   (i) Status of satellite construction and anticipated launch dates,
   including any major problems or delays encountered;

   (ii) A listing of any non-scheduled space station outages for more than
   30 minutes and the cause or causes of the outage;

   (iii) A detailed description of the utilization made of the in-orbit
   satellite system. That description should identify the percentage of
   time that the system is actually used for U.S. domestic or transborder
   transmission, the amount of capacity (if any) sold but not in service
   within U.S. territorial geographic areas, and the amount of unused
   system capacity. 2 GHz Mobile Satellite systems receiving expansion
   spectrum as part of the unserved areas spectrum incentive must provide
   a report on the actual number of subscriber minutes originating or
   terminating in unserved areas as a percentage of the actual U.S. system
   use; and

   (iv) Identification of any space stations not available for service or
   otherwise not performing to specifications, the cause or causes of
   these difficulties, and the date any space station was taken out of
   service or the malfunction identified.

   (2) All operators of 1.6/2.4 GHz mobile-satellite systems shall, within
   10 days after a required implementation milestone as specified in the
   system authorization, 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.

   (3) All operators of 2 GHz Mobile-Satellite Service systems must begin
   system construction upon award of a service link license to U.S.-based
   applicants, or upon designation of spectrum for non-U.S.-based systems,
   in accordance with milestones set forth in the respective system's
   authorization. All operators of 2 GHz Mobile-Satellite Service systems
   shall, within 10 days after a required implementation milestone as
   specified in the system authorization, 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. Failure to file timely certification
   of milestones, or filing disclosure of non-compliance, will result in
   automatic cancellation of the authorization with no further action
   required on the Commission's part.

   (f) Safety and distress communications. (1) Stations operating in the
   1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite Service
   that are voluntarily installed on a U.S. ship or are used to comply
   with any statute or regulatory equipment carriage requirements may also
   be subject to the requirements of sections 321(b) and 359 of the
   Communications Act of 1934. Licensees are advised that these provisions
   give priority to radio communications or signals relating to ships in
   distress and prohibits a charge for the transmission of maritime
   distress calls and related traffic.

   (2) Licensees offering distress and safety services should coordinate
   with the appropriate search and rescue organizations responsible for
   the licensees service area.

   (g) [Reserved]

   (h) Prohibition of certain agreements. No license shall be granted to
   any applicant for a space station in the mobile satellite service
   operating at 1610-1626.5/2483.5-2500 MHz if that applicant, or any
   persons or companies controlling or controlled by the applicant, shall
   acquire or enjoy any right, for the purpose of handling traffic to or
   from the United States, its territories or possession, to construct or
   operate space segment or earth stations, or to interchange traffic,
   which is denied to any other United States company by reason of any
   concession, contract, understanding, or working arrangement to which
   the Licensee or any persons or companies controlling or controlled by
   the Licensee are parties.

   (i) Incorporation of ancillary terrestrial component base stations into
   a 1.6/2.4 GHz mobile-satellite service network or a 2 GHz
   mobile-satellite service network. Any licensee authorized to construct
   and launch a 1.6/2.4 GHz or a 2 GHz mobile-satellite system may
   construct ancillary terrestrial component (ATC) base stations as
   defined in § 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.

   (j) 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 § § 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 § 25.149 and must have been granted ATC authority.

   (k) Aircraft. ATC mobile terminals must be operated in accordance with
   25.136(a). 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
   2000-2020/2180-2200 MHz or 1610-1626.5 MHz/2483.5-2500 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."

   [ 59 FR 53328 , Oct. 21, 1994, as amended at  61 FR 9945 , Mar. 12, 1996;
    62 FR 5930 , Feb. 10, 1997;  65 FR 59143 , Oct. 4, 2000;  68 FR 33649 , June
   5, 2003;  68 FR 47858 , Aug. 12, 2003;  68 FR 51504 , Aug. 27, 2003;  70 FR 59277 , Oct. 12, 2005]