§  25.146   Licensing and operating provisions for NGSO FSS space stations.

   (a) An NGSO FSS applicant proposing to operate in the 10.7-30 GHz
   frequency range must certify that it will comply with:

   (1) Any applicable power flux-density levels in Article 21, Section V,
   Table 21-4 of the ITU Radio Regulations (incorporated by reference,
   § 25.108), except that in the 19.3-19.4 GHz and 19.6-19.7 GHz bands
   applicants must certify that they will comply with the ITU PFD limits
   governing NGSO FSS systems in the 17.7-19.3 GHz band; and

   (2) Any applicable equivalent power flux-density levels in Article 22,
   Section II, and Resolution 76 of the ITU Radio Regulations (both
   incorporated by reference, § 25.108).

   (b) In addition, an NGSO FSS applicant proposing to operate in the
   10.7-12.7 GHz, 12.75-13.25 GHz, 13.75-14.5 GHz, 18.8-19.3 GHz, or
   28.6-29.1 GHz bands must provide a demonstration that the proposed
   system is capable of providing FSS on a continuous basis throughout the
   fifty states, Puerto Rico, and the U.S. Virgin Islands.

   (c) Prior to the initiation of service, an NGSO FSS operator licensed
   or holding a market access authorization to operate in the 10.7-30 GHz
   frequency range must receive a "favorable" or "qualified favorable"
   finding by the ITU Radiocommunication Bureau, in accordance with
   Resolution 85 of the ITU Radio Regulations (incorporated by reference,
   § 25.108), regarding its compliance with applicable ITU EPFD limits. In
   addition, a market access holder in these bands must:

   (1) Communicate the ITU finding to the Commission; and

   (2) Submit the input data files used for the ITU validation software.

   (d) Coordination will be required between NGSO FSS systems and GSO FSS
   earth stations in the 10.7-12.75 GHz band when:

   (1) The GSO satellite network has receive earth stations with earth
   station antenna maximum isotropic gain greater than or equal to 64 dBi;
   G/T of 44 dB/K or higher; and emission bandwidth of 250 MHz; and

   (2)The EPFDdown radiated by the NGSO satellite system into the GSO
   specific receive earth station, either within the U.S. for domestic
   service or any points outside the U.S. for international service, as
   calculated using the ITU software for examining compliance with EPFD
   limits exceeds--174.5 dB(W/(m2/40kHz)) for any percentage of time for
   NGSO systems with all satellites only operating at or below 2500 km
   altitude, or--202 dB(W/(m2/40kHz)) for any percentage of time for NGSO
   systems with any satellites operating above 2500 km altitude.

   (e) An NGSO FSS licensee or market access recipient must ensure that
   ephemeris data for its constellation is available to all operators of
   authorized, in-orbit, co-frequency satellite systems in a manner that
   is mutually acceptable.

   [ 82 FR 59985 , Dec. 18, 2017]