§ 25.221   Blanket licensing provisions for ESVs operating with GSO FSS space
stations in the 3700-4200 MHz and 5925-6425 MHz bands.

   (a) The following ongoing requirements govern all ESV licensees and
   operations in the 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz
   (Earth-to-space) bands transmitting to GSO satellites in the
   Fixed-Satellite Service. ESV licensees must comply with the
   requirements in paragraph (a)(1), (a)(2) or (a)(3) of this section and
   all of the requirements set forth in paragraphs (a)(4) through (a)(13)
   of this section. Paragraph (b) of this section identifies items that
   must be included in the application for ESV operations to demonstrate
   that these ongoing requirements will be met.

   (1) The following requirements shall apply to an ESV that uses
   transmitters with off-axis effective isotropically radiated power
   (EIRP) spectral-densities lower than or equal to the levels in
   paragraph (a)(1)(i) of this section. An ESV, or ESV system, operating
   under this section shall provide a detailed demonstration as described
   in paragraph (b)(1) of this section. The ESV transmitter must also
   comply with the antenna pointing and cessation of emission requirements
   in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section.

   (i)(A) Off-axis EIRP spectral density emitted in the plane tangent to
   the GSO arc, as defined in § 25.103, shall not exceed the following
   values:

   26.3-25logθ dBW/4 kHz for 1.5�° ≤ θ ≤ 7�°.
   5.3         dBW/4 kHz for 7�° < θ ≤ 9.2�°.
   29.3-25logθ dBW/4 kHz for 9.2�° < θ ≤ 48�°.
   −12.7       dBW/4 kHz for 48�° < θ ≤ 180�°.

   Where theta (θ) is the angle in degrees from a line from the earth
   station antenna to the assigned orbital location of the target
   satellite. The EIRP density levels specified for θ > 7�° may be exceeded
   by up to 3 dB in up to 10% of the range of theta (θ) angles from
   ±7-180�°, and by up to 6 dB in the region of main reflector spillover
   energy.

   (B) In the plane perpendicular to the GSO arc, as defined in § 25.103,
   EIRP spectral density of co-polarized signals shall not exceed the
   following values:

   29.3-25logθ dBW/4 kHz for 3.0�° ≤ θ ≤ 48�°.
   −12.7       dBW/4 kHz for 48�° < θ ≤ 180�°.

   Where θ is as defined in paragraph (a)(1)(i)(A) of this section. These
   EIRP density levels may be exceeded by up to 6 dB in the region of main
   reflector spillover energy and in up to 10% of the range of θ angles
   not included in that region, on each side of the line from the earth
   station to the target satellite.

   (C) The off-axis EIRP spectral-density of cross-polarized signals shall
   not exceed the following values in the plane tangent to the GSO arc or
   in the plane perpendicular to the GSO arc:

   16.3-25logθ dBW/4 kHz for 1.8�° ≤ θ ≤ 7.0�°.

   Where θ is as defined in paragraph (a)(1)(i)(A) of this section.

   (ii) Except for ESV systems operating under paragraph (a)(3) of this
   section, each ESV transmitter must meet one of the following antenna
   pointing error requirements:

   (A) Each ESV transmitter shall maintain a pointing error of less than
   or equal to 0.2�° between the orbital location of the target satellite
   and the axis of the main lobe of the ESV antenna, or

   (B) Each ESV transmitter shall maintain the declared maximum antenna
   pointing error that may be greater than 0.2�° provided that the ESV does
   not exceed the off-axis EIRP spectral-density limits in paragraph
   (a)(1)(i) of this section, taking into account the antenna pointing
   error.

   (iii) Except for ESV systems operating under paragraph (a)(3) of this
   section, each ESV transmitter must meet one of the following cessation
   of emission requirements:

   (A) For ESVs operating under paragraph (a)(1)(ii)(A) of this section,
   all emissions from the ESV shall automatically cease within 100
   milliseconds if the angle between the orbital location of the target
   satellite and the axis of the main lobe of the ESV antenna exceeds
   0.5�°, and transmission will not resume until such angle is less than or
   equal to 0.2�°, or

   (B) For ESV transmitters operating under paragraph (a)(1)(ii)(B) of
   this section, all emissions from the ESV shall automatically cease
   within 100 milliseconds if the angle between the orbital location of
   the target satellite and the axis of the main lobe of the ESV antenna
   exceeds the declared maximum antenna pointing error and shall not
   resume transmissions until such angle is less than or equal to the
   declared maximum antenna pointing error.

   (2) The following requirements apply to ESV systems that operate with
   off-axis EIRP spectral-densities in excess of the levels in paragraph
   (a)(1)(i) or (a)(3)(i) of this section under licenses granted based on
   certifications filed pursuant to paragraph (b)(2) of this section.

   (i) An ESV or ESV system licensed based on certifications filed
   pursuant to paragraph (b)(2) of this section must operate in accordance
   with the off-axis EIRP density specifications provided to the target
   satellite operator in order to obtain the certifications.

   (ii) Any ESV transmitter operating under a license granted based on
   certifications filed pursuant to paragraph (b)(2) of this section must
   be self-monitoring and capable of shutting itself off and must cease or
   reduce emissions within 100 milliseconds after generating off-axis
   EIRP-density in excess of the specifications supplied to the target
   satellite operator.

   (iii) A system with variable power control of individual ESV
   transmitters must monitor the aggregate off-axis EIRP density from
   simultaneously transmitting ESV transmitters at the system's network
   control and monitoring center. If simultaneous operation of two or more
   ESV transmitters causes aggregate off-axis EIRP density to exceed the
   off-axis EIRP-density specifications supplied to the target satellite
   operator, the network control and monitoring center must command those
   transmitters to cease emissions or reduce the aggregate EIRP density to
   a level at or below those specifications, and the transmitters must
   comply within 100 milliseconds of receiving the command.

   (3) The following requirements apply to an ESV system that uses
   variable power control of individual earth stations transmitting
   simultaneously in the same frequencies to the same target satellite,
   unless the ESV system operates pursuant to paragraph (a)(2) of this
   section.

   (i) Aggregate EIRP density from co-frequency earth stations in each
   target satellite receiving beam, not resulting from colliding data
   bursts transmitted pursuant to a contention protocol, will not exceed
   the limits defined in paragraph (a)(1)(i) of this section.

   (ii) Each ESV transmitter must be self-monitoring and capable of
   shutting itself off and must cease or reduce emissions within 100
   milliseconds after generating off-axis EIRP density in excess of the
   limit in paragraph (a)(3)(i) of this section.

   (iii) Aggregate power density from simultaneously transmitting ESV
   transmitters must be monitored at the system's network control and
   monitoring center. If simultaneous operation of two or more ESV
   transmitters causes aggregate off-axis EIRP density to exceed the
   off-axis EIRP density limit in paragraph (a)(3)(i) of this section, the
   network control and monitoring center must command those transmitters
   to cease emissions or reduce the aggregate EIRP density to a level at
   or below that limit, and those transmitters must comply within 100
   milliseconds of receiving the command.

   (4) There shall be a point of contact in the United States, with phone
   number and address, available 24 hours a day, seven days a week, with
   authority and ability to cease all emissions from the ESVs, either
   directly or through the facilities of a U.S. Hub or a Hub located in
   another country with which the United States has a bilateral agreement
   that enables such cessation of emissions.

   (5) For each ESV transmitter, a record of the ship location (i.e.,
   latitude/longitude), transmit frequency, channel bandwidth and
   satellite used shall be time annotated and maintained for a period of
   not less than 1 year. Records will be recorded at time intervals no
   greater than every 20 minutes while the ESV is transmitting. The ESV
   operator will make this data available upon request to a coordinator,
   fixed system operator, Fixed-Satellite system operator, or the
   Commission within 24 hours of the request.

   (6) ESV operators communicating with vessels of foreign registry must
   maintain detailed information on each vessel's country of registry and
   a point of contact for the relevant administration responsible for
   licensing ESVs.

   (7) ESV operators shall control all ESVs by a hub earth station located
   in the United States, except that an ESV on U.S.-registered vessels may
   operate under control of a hub earth station location outside the
   United States provided the ESV operator maintains a point of contact
   within the United States that will have the capability and authority to
   cause an ESV on a U.S.-registered vessel to cease transmitting if
   necessary.

   (8) ESV operators transmitting in the 5925-6425 MHz (Earth-to-space)
   frequency band to GSO satellites in the Fixed-Satellite Service (FSS)
   shall not seek to coordinate, in any geographic location, more than 36
   megahertz of uplink bandwidth on each of no more than two GSO FSS
   satellites.

   (9) ESVs shall not operate in the 5925-6425 MHz (Earth-to-space) and
   3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller than
   300 gross tons.

   (10) ESVs, operating while docked, that complete coordination with
   terrestrial stations in the 3700-4200 MHz band in accordance with
   § 25.251, shall receive protection from such terrestrial stations in
   accordance with the coordination agreements, for 180 days, renewable
   for 180 days.

   (11) ESVs in motion shall not claim protection from harmful
   interference from any authorized terrestrial stations or lawfully
   operating satellites to which frequencies are either already assigned,
   or may be assigned in the future in the 3700-4200 MHz (space-to-Earth)
   frequency band.

   (12) ESVs operating within 200 km from the baseline of the United
   States, or within 200 km from a U.S.-licensed fixed service offshore
   installation, shall complete coordination with potentially affected
   U.S.-licensed fixed service operators prior to operation. The
   coordination method and the interference criteria objective shall be
   determined by the frequency coordinator. The details of the
   coordination shall be maintained and available at the frequency
   coordinator, and shall be filed with the Commission electronically via
   the International Bureau Filing System
   (http://licensing.fcc.gov/myibfs/) to be placed on public notice. The
   coordination notifications must be filed in the form of a statement
   referencing the relevant call signs and file numbers. Operation of each
   individual ESV may commence immediately after the public notice is
   released that identifies the notification sent to the Commission.
   Continuance of operation of that ESV for the duration of the
   coordination term shall be dependent upon successful completion of the
   normal public notice process. If, prior to the end of the 30-day
   comment period of the public notice, any objections are received from
   U.S.-licensed Fixed Service operators that have been excluded from
   coordination, the ESV licensee must immediately cease operation of that
   particular station on frequencies used by the affected U.S.-licensed
   Fixed Service station until the coordination dispute is resolved and
   the ESV licensee informs the Commission of the resolution. As used in
   this section, “baseline” means the line from which maritime zones are
   measured. The baseline is a combination of the low-water line and
   closing lines across the mouths of inland water bodies and is defined
   by a series of baseline points that include islands and “low-water
   elevations,” as determined by the U.S. Department of State's Baseline
   Committee.

   (13) ESV operators must automatically cease transmission if the ESV
   operates in violation of the terms of its coordination agreement,
   including, but not limited to, conditions related to speed of the
   vessel or if the ESV travels outside the coordinated area, if within
   200 km from the baseline of the United States, or within 200 km from a
   U.S.-licensed fixed service offshore installation. Transmissions may be
   controlled by the ESV network. The frequency coordinator may decide
   whether ESV operators should automatically cease transmissions if the
   vessel falls below a prescribed speed within a prescribed geographic
   area.

   (b) Applications for ESV operation in the 5925-6425 MHz
   (Earth-to-space) band to GSO satellites in the FSS must include, in
   addition to the particulars of operation identified on FCC Form 312,
   and associated Schedule B, applicable technical demonstrations or
   certifications pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this
   section and the documentation identified in paragraphs (b)(4) through
   (b)(6) of this section.

   (1) An ESV applicant proposing to implement a transmitter under
   paragraph (a)(1) of this section must provide the information required
   by § 25.115(g)(1). An applicant proposing to implement a transmitter
   under paragraph (a)(1)(ii)(A) of this section must also provide the
   certifications identified in paragraph (b)(1)(iii) of this section. An
   ESV applicant proposing to implement a transmitter under paragraph
   (a)(1)(ii)(B) of this section must also provide the demonstrations
   identified in paragraph (b)(1)(iv) of this section.

   (i)-(ii) [Reserved]

   (iii) An ESV applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(A) of this section, must provide a certification
   from the equipment manufacturer stating that the antenna tracking
   system will maintain a pointing error of less than or equal to 0.2�°
   between the orbital location of the target satellite and the axis of
   the main lobe of the ESV antenna and that the antenna tracking system
   is capable of ceasing emissions within 100 milliseconds if the angle
   between the orbital location of the target satellite and the axis of
   the main lobe of the ESV antenna exceeds 0.5�°.

   (iv) An ESV applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(B) of this section must:

   (A) Declare, in its application, a maximum antenna pointing error and
   demonstrate that the maximum antenna pointing error can be achieved
   without exceeding the off-axis EIRP spectral-density limits in
   paragraph (a)(1)(i) of this section; and

   (B) Demonstrate that the ESV transmitter can detect if the transmitter
   exceeds the declared maximum antenna pointing error and can cease
   transmission within 100 milliseconds if the angle between the orbital
   location of the target satellite and the axis of the main lobe of the
   ESV antenna exceeds the declared maximum antenna pointing error, and
   will not resume transmissions until the angle between the orbital
   location of the target satellite and the axis of the main lobe of the
   ESV antenna is less than or equal to the declared maximum antenna
   pointing error.

   (2) An applicant proposing to operate with off-axis EIRP density in
   excess of the levels specified in paragraph (a)(1)(i) or (a)(3)(i) of
   this section must provide the following in exhibits to its earth
   station application:

   (i) Off-axis EIRP density data pursuant to § 25.115(g)(1):

   (ii) The certifications required by § 25.220(d);

   (iii) A detailed showing that each ESV transmitter in the system will
   automatically cease or reduce emissions within 100 milliseconds after
   generating EIRP density exceeding specifications provided to the target
   satellite operator;

   (iv) A detailed showing that the aggregate power density from
   simultaneously transmitting ESV transmitters will be monitored at the
   system's network control and monitoring center; that if simultaneous
   operation of two or more ESV transmitters causes the aggregate off-axis
   EIRP density to exceed the off-axis EIRP density specifications
   supplied to the target satellite operator, the network control and
   monitoring center will command those transmitters to cease emissions or
   reduce the aggregate EIRP density to a level at or below those
   specifications; and that those transmitters will comply within 100
   milliseconds of receiving the command; and

   (v) A certification that the ESV system will operate in compliance with
   the power limits in § 25.204(h).

   (3) An applicant proposing to implement an ESV system subject to
   paragraph (a)(3) of this section must provide the following information
   in exhibits to its earth station application:

   (i) Off-axis EIRP density data pursuant to § 25.115(g)(1);

   (ii) A detailed showing of the measures that will be employed to
   maintain aggregate EIRP density at or below the limit in paragraph
   (a)(3)(i) of this section;

   (iii) A detailed showing that each ESV terminal will automatically
   cease or reduce emissions within 100 milliseconds after generating
   off-axis EIRP density exceeding the limit in paragraph (a)(3)(i) of
   this section;

   (iv) A detailed showing that the aggregate power density from
   simultaneously transmitting ESV transmitters will be monitored at the
   system's network control and monitoring center; that if simultaneous
   operation of two or more ESV transmitters causes aggregate off-axis
   EIRP density to exceed the off-axis EIRP density limit in paragraph
   (a)(3)(i) of this section, the network control and monitoring center
   will command those transmitters to cease emissions or reduce the
   aggregate EIRP density to a level at or below that limit; and that
   those transmitters will comply within 100 milliseconds of receiving the
   command; and

   (v) Certification that the ESV system will operate in compliance with
   the power limits in § 25.204(h).

   (4) There shall be an exhibit included with the application describing
   the geographic area(s) in which the ESVs will operate.

   (5) The point of contact information referred to in paragraph (a)(3) of
   this section and, if applicable, paragraph (a)(6) of this section, must
   be included in the application.

   (6) ESVs that exceed the radiation guidelines of § 1.1310 of this
   chapter, Radiofrequency radiation exposure limits, must provide, with
   their environmental assessment, a plan for mitigation of radiation
   exposure to the extent required to meet those guidelines.

   (7) Except for ESV systems operating pursuant to paragraph (a)(2) of
   this section, ESV systems authorized pursuant to this section shall be
   eligible for a license that lists Permitted List as an authorized point
   of communication.

   [ 74 FR 47102 , Sept. 15, 2009, as amended at  77 FR 50050 , Aug. 20, 2012;
    78 FR 8429 , Feb. 6, 2013;  78 FR 29062 , May 17, 2013;  79 FR 8324 , Feb.
   12, 2014;  81 FR 55342 , Aug. 18, 2016]

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