[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Proposed Rules]
[Pages 67172-67201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26434]
[[Page 67171]]
Vol. 77
Thursday,
No. 217
November 8, 2012
Part III
Federal Communications Commission
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47 CFR Part 25
Comprehensive Review of Licensing and Operating Rules for Satellite
Services; Proposed Rule
Federal Register / Vol. 77 , No. 217 / Thursday, November 8, 2012 /
Proposed Rules
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 12-267; FCC 12-117]
Comprehensive Review of Licensing and Operating Rules for
Satellite Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission initiates a comprehensive
review of its rules governing licensing and operation of space stations
and earth stations. The proposed amendments are designed to reflect
evolving technology, eliminate unnecessary technical and information
filing requirements for applicants, and reorganize and simplify
existing requirements. Collectively, the changes proposed in this
document will streamline our regulations, facilitating more rapid
deployment of services to the public, greater investment, and new
innovations in satellite services.
DATES: Comments are due on or before December 24, 2012 and reply
comments are due on or before January 22, 2013
ADDRESSES: You may submit comment, identified by [docket number and/or
rulemaking number], by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http:///
www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
For detail instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: William Bell (202) 418-0741, Satellite
Division, International Bureau, Federal Communications Commission,
Washington, DC 20554. For additional information concerning the
information collection(s) contained in this document, contact Judith B.
Herman at 202-418-0214, or via the Internet at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in IB Docket No. 12-267, adopted
September 28, 2012 and released on September 28, 2012. The full text of
this document is available for public inspection and copying during
regular business hours at the FCC Reference Information Center, Portals
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This
document may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300,
facsimile 202-488-5563, or via email [email protected].
Initial Paperwork Reduction Act of 1995 Analysis
This document contains proposed revised information collection
requirements. As part of its continuing effort to reduce paperwork
burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44
U.S.C. 3501-3520), the Commission invites the general public and other
Federal agencies to comment on the following information collection(s).
Public and agency comments are due January 7, 2013. Comments should
address: (a) Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment
on how we might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.''
Summary of Notice of Proposed Rulemaking
I. Introduction
1. As part of our ongoing efforts to update and streamline
regulatory requirements, the Commission today initiates a comprehensive
review of Part 25 of our rules, which governs licensing and operation
of space stations and earth stations. The amendments we propose in this
NPRM modernize the rules to better reflect evolving technology and
reorganize and simplify existing requirements. Furthermore, the changes
will remove unnecessary filing requirements for applicants requesting
space and earth station licenses, allowing applicants and licensees to
save time, effort, and costs in preparing applications. Other changes
are designed to remove unnecessary technical restrictions, enabling
applicants to submit fewer waiver requests, which will ease
administrative burdens in submitting and processing applications and
reduce the amount of time spent on applications by applicants,
licensees, and the Commission.
II. Discussion
2. Part 25 of the Commission's rules is organized in the following
manner: Subpart A contains general rules relating to scope and
definitions; Subpart B contains rules relating to application filing
requirements and licensing procedures; Subpart C provides technical
standards for licensing earth and space stations; Subpart D contains
rules governing earth and space station operations. In this NPRM, we
propose to make revisions in each of these subparts. In the following
discussion, we first address revisions that encompass more than one
rule section. We then discuss proposed changes to specific rules in the
order in which the rules appear in Part 25.
A. Definitions
3. There are two rule sections in Part 25 captioned
``Definitions:'' Sections 25.103 and 25.201. We propose to consolidate
all Part 25 definitions into Sec. 25.103, reserving Sec. 25.201 for
other use.
4. We propose amending the definition of Direct Broadcast Satellite
(DBS) Service to include the specific frequencies in which this service
operates, to recognize that DBS operators may transmit signals intended
for reception by subscribers, and to make clear that the term does not
apply to space stations operating in this band in Europe and Asia,
where the frequency allocations are different.
5. We proposed amending the definition of ``Permitted Space Station
List'' (Permitted List) that currently appears in Sec. 25.201 to
provide more detail on the scope of authority granted when the
Permitted List is authorized as a point of communication in a Fixed-
Satellite Service (FSS) earth station license. The Permitted List
includes all U.S.-licensed geostationary-orbit space stations providing
FSS in the conventional C- and Ku-bands, as well as non-U.S.-licensed
geostationary-orbit
[[Page 67173]]
space stations approved for U.S. market access to provide FSS in the
conventional C- and Ku-bands.
6. We also propose to add a definition of ``Ka-band Space Station
Permitted List,'' (Ka-band Permitted List) to provide detail on the
scope of authority granted when the Ka-band Permitted List is
authorized as a point of communication in an FSS earth station license.
The Commission's Ka-band Permitted List includes all U.S.-licensed
geostationary-orbit space stations providing FSS in the 20/30 GHz band,
as well as those non-U.S.-licensed geostationary-orbit space stations
approved for U.S. market access to provide FSS in the 20/30 GHz band.
7. We propose to amend the definition of ``routine processing or
licensing'' to reflect that our rules allow for routine processing of
earth station applications in bands other than the conventional C- and
Ku-bands. The proposed definition also cross-references the rules
providing for routine processing of FSS earth stations and omits out-
of-date and inaccurate text.
8. If we adopt the definitions proposed above, we seek comment on
whether we should discontinue using the term ``ALSAT'' as a point of
communication in earth station licenses and as a synonym for routinely
licensed FSS earth stations in favor of the defined terms above.
9. We propose to define ``12/14 GHz band'' and ``20/30 GHz band,''
which are not currently defined, by specifying the frequency bands to
which they refer. We also propose to replace the term ``L-band,'' which
appears in various rules in Part 25, with the term ``1.5/1.6 MHz MSS
bands.''
10. We propose to delete the definition of ``frequency assignment''
in Sec. 25.214(a)(2) since the meaning of the term is self-evident. We
also propose to specify the frequencies allocated for the Satellite
Digital Audio Radio Service (SDARS) in Sec. 25.214(c)(1), which allows
us to delete Sec. 25.214(c).
11. We propose to delete the definitions of ``ambulatory'' and
``low-tide elevation,'' in Sec. 25.201. These terms are not used in
Part 25, other than in the definition section. We also propose to
remove the existing definition of ``baseline'' from Sec. 25.201 and
instead define ``baseline'' in Sec. 25.221, which prescribes rules for
blanket licensing of C-band earth stations on vessels.
12. We propose to add a definition of ``shapeable antenna beams''
in Sec. 25.103. We propose to use this term in Sec. 25.114, as
explained below. Further, we propose to insert a word in the definition
of ``geostationary satellite'' to conform to the definition of that
term in Sec. 2.1 and to correct typographic errors in the mathematical
formula in the definition of ``equivalent power flux-density.'' We also
propose to revise the definition of ``coordination distance'' to
conform to the definition of that term in Sec. 2.1.
13. Finally, we propose to delete unnecessary words from several
definitions, including the definitions of ancillary terrestrial
component, ancillary terrestrial component base station, ancillary
terrestrial component mobile terminal, earth stations on vessel,
equivalent power flux density, NGSO FSS gateway earth station, selected
assignment, and vehicle-mounted earth station. Eliminating these words
will have no effect on current authorizations.
B. Reporting Requirements
1. Annual Reports
14. We propose to consolidate annual reporting requirements, which
are currently dispersed in several sections of Part 25, into a new
rule, Sec. 25.170, under a new subheading in Subpart B, ``Reporting
Requirements for Space Station Licensees.'' We also propose to make the
reporting requirements more consistent among the various satellite
services and to establish a uniform due date for filing such reports.
The general annual reporting rule that we propose to adopt would apply
to the operators of all space stations licensed under Part 25. Further,
we propose to clarify in the new rule that operators granted U.S.
market access for non-U.S.-licensed space stations are required to file
annual reports for those space stations.
15. Proposed Sec. 25.170 would require U.S.-licensed space station
operators, or operators granted U.S. market access, to report annually
on June 30: (1) The status of space station construction and
anticipated launch date, including any major problems or delays
encountered; (2) identification of any space station(s) not available
for service or otherwise not performing to specifications, any spectrum
that the space station is unable to use, the cause(s) of these
difficulties, and the date any space station was taken out of service
or the malfunction identified; and (3) a current listing of a U.S.
point(s) of contact for resolution of interference problems and
emergency response. At the same time, we propose to delete service-
specific reporting requirements that are either duplicative of, or are
at a level of detail inconsistent with, the reporting requirements we
propose here. We seek comment on any rule language necessary to ensure
that duplicative reports are not filed for the same satellite, and
whether there are specialized satellite services, such as remote
sensing satellites, for which reporting may not be necessary.
16. Section 4.9(c) of the Commission's rules requires operators of
space stations that carry common-carrier voice or paging communications
to report outages of 30 minutes or longer to the Commission within
deadlines triggered by discovery. We propose to eliminate the
requirement that operators also list outages of more than 30 minutes in
duration in their annual reports because the requirement is redundant
insofar as it applies to outages that must be reported under Sec.
4.9(c) and because we see no need to require temporary outages not
subject to Sec. 4.9(c) to be listed in annual reports.
2. Contact Information Reporting Requirements
17. We propose to move the requirements of Sec. 25.272(b) for
providing points of contact to a new Sec. 25.171 under the new
subheading, ``Reporting Requirements for Space Station Licensees.'' We
also propose to condense the text of the requirement and to require
operators to update the point of contact information provided under
Sec. 25.170(c) within 10 business days of any change.
3. Space Station Control Arrangements
18. Section 25.114(c)(9) requires space station applicants to
include information pertaining to TT&C arrangements in Schedule S of
FCC Form 312, which includes data fields for specifying a call sign,
street address, and phone number for each earth station performing TT&C
functions. We propose to modify this requirement for several reasons.
We think that it is unnecessary to require space station operators to
specify a street address and phone number for each TT&C station. More
generally, space station applicants often do not have concrete plans
for TT&C sites at the time when they file their applications. Requiring
a space station applicant to specify a TT&C location that is later
changed requires the filing of a subsequent license modification
application that is otherwise unnecessary. We therefore propose to
delete the requirement to submit this information in space station
applications. Instead, we propose to require such TT&C information to
be submitted after the issuance of space station licenses. To this end,
we propose to add new Sec. 25.172. This rule would require space
station operators, including operators of non-U.S.-licensed space
stations granted U.S. market access, to submit the following
information before commencing
[[Page 67174]]
commercial operations in the United States: (1) The point of contact
information required by proposed Sec. 25.170(c); (2) the call signs of
TT&C earth station(s) located in the United States; and (3) the city
and country of any earth station located outside the United States
providing TT&C functions for the satellite(s) in question. We propose
to require operators already providing U.S. service to submit the
information within 30 days of Sec. 25.172's effective date. The
proposed rule would require operators to file this information
electronically through IBFS and to file an update within 10 days if any
of this information changes, unless the change is temporary.
4. Results of In-Orbit Testing
19. Section 25.210(k) requires space station operators to measure
the co-polarized and cross-polarized performance of all space station
antennas during preliminary in-orbit testing and submit the measurement
data to the Commission within 30 days after completing the testing. We
propose to amend this provision to require operators to submit the data
only upon request from the Commission. We propose to remove the amended
provision from Sec. 25.210(k) and insert it in a new section, Sec.
25.173, under the proposed subheading for reporting requirements. We
also propose to add a provision in Sec. 25.173 to require space
station licensees to notify the Commission at the conclusion of in-
orbit testing whether a space station's measured performance is within
authorized limits and whether the space station is capable of using its
assigned frequencies.
C. Mobile Terminals Aboard Aircraft
20. Several rules in Part 25 prohibit use of MSS earth station
transceivers or Ancillary Terrestrial Component (ATC) mobile terminals
aboard civil aircraft because on-board operation of these devices could
interfere with aircraft radionavigation. Sections 25.136(a) and
25.143(k) prohibit operation of 1.6/2.4 GHz and 2 GHz MSS earth station
transceivers or ATC terminals aboard civil aircraft unless the device
``has a direct physical connection to the aircraft cabin or cockpit
communication system.'' Section 25.135(b) prohibits operation of Non-
Voice, Non-Geostationary (NVNG) mobile transceivers aboard civil
aircraft if they are capable of radiating in the 108-137 MHz frequency
band. Associated rule provisions require ``handheld or portable'' NVNG
transceivers capable of radiating in the 108-137 MHz band and handheld
or portable 1.6/2.4 GHz and 2 GHz MSS or ATC transceivers to be labeled
with a warning that these devices must not be operated on board civil
aircraft. There is an identical warning label requirement in Section
25.136(h) for handheld or portable 1.5/1.6 GHz transceivers.
21. We propose to replace these various band-specific use
restrictions and labeling requirements with a uniform aircraft use
restriction and associated warning label requirement that would apply
to all portable transceivers licensed under Part 25. We propose to
insert the consolidated rule in a new section, Sec. 25.285, in Subpart
D (Technical Operation). We also propose a change in the scope of the
use restriction. The provision exempting transceivers with ``a direct
physical connection to the aircraft cabin or cockpit communication
system'' may be too narrow. We propose to revise the exception to cover
devices that have been installed in aircraft in a manner approved by
the FAA or are used with the consent of the pilot. Further, we propose
to make it clear that the warning label requirement does not apply to
devices that are too large or too heavy to be brought aboard as carry-
on luggage or otherwise cannot feasibly be operated by passengers in
aircraft cabins. Finally, we propose to amend the consolidated rule to
apply to transmit-only devices (e.g., Globalstar ``SPOT'' terminals) as
well as transceivers.
D. Milestone Rules
22. The Commission codified standard milestone implementation
requirements in 2003 for space station licensees in all satellite
services, except for DBS and SDARS, in Sec. 25.164 . The rule requires
space station licensees to submit, on or before the respective
milestone deadlines, information demonstrating compliance with the
implementation milestones for contracting for satellite construction,
completing critical design review (CDR), and commencing physical
construction. Section 25.164 does not include, however, a provision
requiring a licensee to demonstrate compliance with the ``launch and
operate'' milestone for geostationary systems or the ``launch and
operate the first satellite'' or ``bring [all satellites] into
operation'' milestones for non-geostationary systems. We propose to add
a new paragraph in Sec. 25.164 providing that licensees must, on or
before an applicable deadline for launch or commencement of operation,
either certify compliance with the milestone requirement or advise the
Commission that the requirement has not been met.
23. We further propose to add a sentence in Sec. 25.164(a)(4) to
clarify that licensees can demonstrate compliance with a launch/operate
milestone requirement by certifying that the space station has been
launched and placed in its authorized orbital location or non-
geostationary orbit and that its in-orbit operation has been tested and
found to be consistent with the terms of the authorization.
24. For the CDR and commence physical construction milestones,
Sec. 25.164 simply requires space station licensees to submit
``information * * * sufficient to demonstrate'' compliance. We invite
comment on whether we should provide greater specificity in the rules
concerning the evidence appropriate for demonstrating compliance with
the CDR and commence physical construction milestones. We propose to
delete obsolete provisions in Sec. Sec. 25.164(c), (d), and (e) that
exempt licensees of satellite systems licensed prior to September 11,
2003 from the milestone requirements for contracting for satellite
construction, completing CDR, and commencing physical construction.
Similarly, we propose to delete an obsolete provision in Sec.
25.164(g) that exempts systems licensed prior to September 20, 2004
from the milestone requirement for hybrid systems. Finally, we propose
to delete service-specific milestone provisions in other sections of
Part 25 that are redundant and/or inconsistent with the current or
proposed provisions in Sec. 25.164.
E. Form 312EZ and the Autogrant Procedure
25. In public notices released in 1999 and 2000, the Commission
announced an ``autogrant'' procedure for ``routine'' license
applications for FSS earth stations that would operate in the
conventional C-band (i.e., the 3700-4200 MHz downlink band and the
5925-6425 MHz uplink band) or conventional Ku-band (11.7-12.2 GHz
downlink and 14.0-14.5 GHz uplink). Applications eligible for the
autogrant procedure would be deemed to be granted 35 days after the
date they appear on public notice as accepted for filing, provided no
objection was filed during the 30-day notice period.
26. In a rulemaking order released in 2003, the Commission adopted
a simplified application form, Form 312EZ, to be used for earth station
applications eligible for autogrant processing. Rules pertaining to use
of Form 312EZ are set forth in Sec. 25.115(a)(2), but these provisions
do not fully specify the eligibility criteria or mention the autogrant
procedure. In
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the interest of improving transparency, we propose to amend Sec.
25.115(a)(2) to codify the autogrant procedure and list all eligibility
criteria. We also propose to amend an existing provision in Sec.
25.115(a)(2) that precludes use of Form 312EZ to apply for ESV or VMES
licenses to additionally preclude use of that form to apply for
licenses for aircraft earth stations. Further, we propose to codify a
practice of permitting applicants to apply for only one transmitting
antenna on Form 312EZ. Finally, we invite comment on adding a further
eligibility criterion pertaining to FAA notification.
27. When it adopted Form 312EZ, the Commission did not make the
form available to applicants proposing earth stations that would
operate in the 20/30 GHz frequency bands because it was considering
certain revisions of the 20/30 GHz FSS service rules. Those issues have
been resolved, and 20/30 GHz GSO FSS earth stations are eligible for
routine processing under Sec. 25.138(a). We tentatively conclude that
Sec. 25.115 should be changed to extend Form 312EZ and autogrant
eligibility to routine applications for individual 20/30 GHz earth
stations that would communicate via geostationary satellites previously
coordinated with Federal government systems pursuant to Footnote US334.
28. Section 25.115(a)(3) provides that if Form 312EZ ``is not
available,'' an applicant for a transmitting earth station that would
otherwise be required to use that form must use Form 312, Main Form and
Schedule B, instead. We believe that if our proposal to fully specify
the eligibility criteria for using Form 312EZ is adopted, this
provision will no longer be needed, and therefore, we propose to delete
it.
F. Rain Fade Compensation
29. The Commission's rules allow earth station operators to
increase the power of uplink transmissions above otherwise applicable
limits to overcome ``rain fade,'' i.e., attenuation of transmitted
signals due to the scattering effect of precipitation in the
atmosphere. Most, but not all, of the rain fade compensation provisions
are set forth in Sec. 25.204. Some of these provisions are redundant
or contradictory. In addition, Sec. 25.138(a)(5) contains a more
complex rain fade compensation allowance for earth stations
transmitting in the 28.35-28.6 GHz or 29.25-30.0 GHz band.
30. We propose a number of revisions to these provisions. First, we
propose to amend the current rain fade compensation rule in Sec.
25.204(e) to apply only to uplink transmissions in the 14.0-14.5 GHz
band. This change would be consistent with the Commission's intent when
it adopted that provision and would eliminate conflict with other
provisions prescribing rain fade allowances for earth stations
transmitting in other frequency bands above 10 GHz. Second, we propose
to move the rain fade rule for 20/30 GHz earth stations in Sec.
25.138(a)(5) and the rain fade rule for 17/24 GHz BSS feeder-link
stations in Sec. 25.204(g) to Sec. 25.204(e). Third, we propose to
eliminate the rain fade provision for 20/30 GHz earth stations in Sec.
25.204(g), which is redundant with respect to the rule that we propose
to move from Sec. 25.138(a)(5) and is unduly restrictive in making
rain fade compensation mandatory. As a result of these proposed
changes, the rain fade compensation rules now interspersed throughout
Part 25 would be contained in Sec. 25.204(e). In addition to those
changes, we propose to include text in the rain fade rule for Ku-band
stations in Sec. 25.204(e)(1) to make clear that it applies to earth
stations that have been routinely licensed based on conformance with
input power limits specified in Sec. Sec. 25.134, 25.211, or 25.212.
31. Moreover, we invite comment on adopting a rule allowing earth
stations transmitting in frequencies above 10 GHz, that are not subject
to any of the foregoing rain fade rules, to increase uplink power to
the extent needed to close communication links, provided that no
harmful interference results.
G. Other Proposed Changes to Subpart B--Applications and Licenses
32. Subpart B of Part 25 includes rules relating to filing
applications and licensing procedures. As discussed below, we propose
to make several substantive changes to the information requirements for
space and earth station applications. In addition, we propose other
non-substantive changes that remove redundant or unnecessary language,
and clarify potentially confusing text.
1. Section 25.111 ``Additional Information''
33. Section 25.111(b) prescribes requirements pertaining to
international coordination procedures for U.S.-licensed space stations.
The first sentence states that ``applicants, permittees, and licensees
of radio stations governed by this part shall provide the Commission
with all information it requires for the Advance Publication,
Coordination, and Notification of frequency assignments pursuant to the
International Radio Regulations.'' We propose to add that the required
information includes ``due diligence'' information. We also propose to
change the phrase ``international Radio Regulations'' to ``Radio
Regulations of the International Telecommunication Union.'' We also
propose to correct a grammatical error in the next sentence in Sec.
25.111(b) and to insert the word ``such'' in the third sentence of
Sec. 25.111(b), which would then read: ``Any radio station for which
such coordination has not been completed may be subject to additional
terms and conditions * * *.''
34. Since 2002, the ITU has assessed cost recovery fees for
processing information filings for space networks. The International
Bureau issued a Public Notice in 2001 announcing that an applicant,
licensee, or other party on whose behalf the International Bureau
submits filings to the ITU will be responsible for timely payment of
these fees. The Public Notice also stated that such parties will be
required to certify that they accept this obligation. We propose to add
a new rule, Sec. 25.111(d), that would codify this policy. The rule
would state that the Commission will submit the information required by
Sec. Sec. 25.111(b) or (c) to the ITU only after the applicant or
licensee has filed a signed declaration that it unconditionally accepts
all resultant ITU cost-recovery responsibility, referencing the call
sign and international name of the satellite(s) in question and
including contact information. The rule would also require the party in
interest to update the contact information as necessary. Finally, the
rule would require the party in interest to remit payment of any cost-
recovery fee by the due date specified in the ITU invoice and would
state that a license granted in reliance on such a declaration, and
disposition of any future or pending Part 25 application from the same
party, will be contingent upon discharge of any such payment
obligation.
2. Section 25.112 ``Defective Applications''
35. Pursuant to the first-come, first-served licensing framework,
the Commission places applications for new satellites at new orbital
locations and market access requests for non-U.S.-licensed satellites
at new orbital locations in a processing ``queue,'' and considers them
in the order in which they are filed. In certain circumstances, we make
an orbital location available by announcing that a filing window will
open at a specific date and time. In these situations, operators often
file multiple, identical applications just
[[Page 67176]]
before and after the filing window opens in an attempt to attain first-
in-line processing status. The rules do not currently include any
provision for dismissing duplicative applications filed after a filing
window has opened. We propose to amend Sec. 25.112(a), which specifies
grounds for dismissing applications, to provide for dismissal of
duplicative applications in a processing queue. Thus, we would maintain
on file the first application or market access request filed by a
company after the filing window opens and dismiss any duplicative
applications and market access requests subsequently filed by the same
party.
3. Section 25.113 ``Station Licenses and Launch Authority''
36. Section 25.113(a) states that applicants for earth station
licenses must comply with the provisions of Sec. 1.1312 of the
Commission's rules regarding environmental impact, prior to beginning
construction. We propose to amend this rule to add that earth station
applicants must also comply with requirements in Part 17 of the
Commission's rules pertaining to construction, marking, and lighting of
antenna structures. We also propose to insert similar provisions in
Sec. 25.113(b) pertaining to construction of ATC base stations.
37. Sections 25.113(c) and (e) require applications for new earth
stations or for earth station modifications involving alteration of the
overall height of one or more existing antenna structures to include an
FCC Antenna Structure Registration Number for the antenna structure, if
assigned. If no such number has been assigned, Sec. 25.113(e) requires
the applicant to state whether prior FAA notification is required by
Part 17 of the Commission's rules and, if so, whether the applicant or
owner of the structure has notified the FAA of the proposed
construction or alteration and applied for an Antenna Structure
Registration Number. Applicants who maintain that prior FAA
notification is not required for construction or alteration of a
structure with overall height more than 6.1 meters above ground level
must explain in the application why such prior notification is not
required. These requirements are also found in Sec. 25.130(e), which
applies specifically to license applications for transmitting earth
stations. We propose to move these rule provisions from Sec. 25.113 to
Sec. 25.115, which contains general requirements for earth station
licensing, and delete the duplicative provisions in Sec. 25.130(e). We
also propose to revise the text of these provisions to make them more
succinct.
38. Section 25.113(d) states that owners of earth station antenna
structures must comply with painting, marking, and lighting
requirements in Part 17 of the Commission's rules and that if the
structure is owned by a party other than the station licensee, the
``licensee or permittee'' will be held responsible for compliance with
such requirements in the event of default by the owner. Because these
are operating requirements rather than licensing rules, we propose to
remove them from Section 25.113, which is in Subpart B (Applications
and Licenses) and reinsert them in a new section, Section 25.286, in
Part 25, Subpart D (Technical Operations). We also propose to delete
the words ``or permittee'' from this provision because the Commission
does not issue separate permits for earth station construction.
39. Section 25.113(f) states that construction permits are not
required for U.S.-licensed space stations. This statement is overly
broad in that it does not recognize that Sec. 319(d) of the
Communications Act requires construction permits for broadcasting
stations. As defined in the Communications Act, ``broadcasting'' means
``dissemination of radio communications intended to be received by the
public, directly or by the intermediary of relay stations.'' Service
provided only to paying subscribers is not deemed to be broadcast
service for purposes of the Act, however. While no space stations
currently licensed by the Commission operate as broadcast stations, an
applicant could seek authority to do so. In view of this, we propose to
amend the first sentence in Sec. 25.113(f) to state that construction
permits are not required for U.S.-licensed space stations, unless they
are authorized to disseminate radio communications to the public at
large.
40. Section 25.113(h) states that licensees of non-geostationary-
orbit (NGSO) satellite systems need not apply separately for authority
to operate--i.e., place into active service--technically identical in-
orbit spare satellites previously authorized by a blanket space station
license. This provision requires the licensee to notify the Commission
that it has activated an in-orbit spare within 30 days of the
activation. It also requires the licensee to certify that the activated
spare did not increase the number of operating satellites in the
licensee's system above the maximum number authorized by the license
and will be operated within the terms and conditions of the license.
Section 25.113(h) requires the licensee to file the notification and
certification electronically on FCC Form 312. Sections 25.143(d) and
25.146(n) similarly provide that 1.6/2.4 GHz MSS, 2 GHz MSS, and 12/14
GHz NGSO FSS licensees may activate technically identical in-orbit
spares without applying for additional authority, provided that they
notify the Commission and certify that the authorized number of
operating space stations has not been exceeded. Unlike Sec. 25.113(h),
however, Sec. Sec. 25.143(d) and 25.146(n) require the licensee to
file the notification and certification within 10 days and do not
require the licensee to submit the filing on Form 312. To resolve these
discrepancies, we propose to amend Sec. 25.113(h) to require the
notification and certification to be filed within 10 days and to
eliminate the requirement to submit such filings on Form 312. We also
propose to remove and reserve Sec. 25.143(d) and to delete Sec.
25.146(n) as redundant. We invite comment as to whether we should amend
Sec. 25.113(h) to require the licensee to certify that it has tested
the activated in-orbit spare and that its operations conform with the
license terms.
4. Section 25.114 ``Applications for Space Station Authorizations''
41. Section 25.114 prescribes content requirements for space
station applications. We propose to amend various provisions of this
section to eliminate obsolete or otherwise unnecessary requirements. We
also propose to add several new requirements to Sec. 25.114 addressing
radio frequency interference characteristics and orbital parameters of
space stations and revise this section's organization.
a. Section 25.114(a)
42. Section 25.114(a) states that a comprehensive proposal shall be
submitted for each proposed space station on FCC Form 312, Main Form
and Schedule S, together with attached exhibits required by Sec.
25.114(d). We propose to amend Sec. 25.114(a) to clarify that a space
station application can be submitted either for a single space station
or for a non-geostationary satellite constellation. In connection with
this proposed change, we propose to delete Sec. 25.114(e), which
states that a single application may be filed for a constellation of
technically identical non-geostationary-orbit space stations. The
provision that we propose to add in Sec. 25.114(a) would not preclude
an applicant from requesting blanket authority for a constellation of
non-geostationary space stations that are not technically identical.
[[Page 67177]]
b. Section 25.114(c)
43. Section 25.114(c) contains a list of the types of information
that space station applicants must provide in the FCC Form 312 (Main
Form and Schedule S). Section 25.114(c)(4) requires applicants to
specify various technical parameters pertaining to the characteristics
of proposed space stations and the properties of the radio frequency
emissions they would transmit and receive. The first of these
provisions, Sec. 25.114(c)(4)(i), requires the applicant to specify
``[r]adio frequencies and polarization plan (including beacon,
telemetry, and telecommand functions), center frequency, and
polarization of transponders (both receiving and transmitting
frequencies).'' The ITU now assesses interference separately for
uplinks and downlinks since current satellite designs are more complex
with variable transponder sizes and large numbers of spot beams. We
believe that the Commission should follow this approach. We therefore
propose to amend this provision to state that applicants must provide
the frequency characteristics of each uplink and downlink beam. This
will enable us to evaluate the interference potential of space station
uplink beams and downlink beams separately, rather than on a
transponder-by-transponder basis. In addition, some space stations can
vary the bandwidths of receive and transmit channels with on-board
processing. Instead of requiring applicants for such space stations to
specify channel bandwidths, we propose to require them to specify the
maximum range of frequencies over which each beam can operate. We
invite comment as to whether we should amend Sec. 25.114(c)(4)(i) to
require applicants to specify the center frequencies of TT&C beams
within a 5 megahertz range or a range of 2 percent of the assigned
bandwidth, whichever is smaller.
44. We propose to revise Sec. 25.114(c)(4)(ii) to add a
requirement to specify the maximum equivalent isotropically radiated
power (EIRP) density for each transmitting beam of a given space
station. This change would allow us to delete requirements in this rule
to specify a subset of technical characteristics used to calculate EIRP
density, such as emission designators, allocated bandwidths of
emissions, final amplifier output power, and net losses between
amplifier output and antenna input. We also propose to adopt modified
information requirements in Sec. 25.114(c)(4)(ii) pertaining to
shapeable antenna beams to reduce paperwork burdens for applicants
proposing use of shapeable beam technology.
45. Section 25.114(c)(4)(iii) requires a space station applicant to
identify ``which beams are connected or switchable to each transponder
and TT&C function.'' We propose to delete this provision because it
would be rendered unnecessary by the changes in Sec. 25.114(c)(4)(i)
proposed above.
46. Section 25.114(c)(4)(iv) requires applicants to specify
receiver noise temperature. We propose to delete this provision because
we can easily calculate receiver noise temperature from the gain-to-
temperature ratio and peak gain data required by proposed Sec.
25.114(c)(4)(v).
47. Section 25.114(c)(4)(v) requires applicants to specify ``the
relationship between satellite receive antenna gain pattern and gain-
to-temperature ratio and saturation flux density for each antenna beam
* * *.'' We propose to amend this provision to require that applicants
specify peak antenna gain and gain-to-temperature ratio at beam peak.
This revised requirement is sufficient to allow us to determine the
interference susceptibility of such beams. For TT&C beams, we propose
to require applicants to specify the minimum required uplink power flux
density, which would enable us to assess the interference
susceptibility of beams used TT&C. We also propose to add a requirement
to specify the minimum and maximum saturation flux density levels of
receiving beams fed into transponders, which would similarly be useful
in assessing interference susceptibility.
48. Section 25.114(c)(4)(vi) requires applicants to specify the
gain of transponder channels. This information is no longer necessary
in performing an assessment of interference potential. We also propose
removing Sec. 25.114(c)(4)(vii), which requires applicants to specify
predicted receiver and transmitter channel filter response
characteristics. These parameters are not required to perform
interference calculations.
49. Section 25.114(c)(5) requires applicants to specify orbital
locations and station-keeping tolerances for geostationary space
stations. Section 25.114(c)(5)(i) allows an applicant to propose
alternate orbital locations. This reflects a former ``orbital location
fungibility'' policy that the Commission eliminated when it reformed
space station licensing procedures in 2003. Hence, we propose to delete
the phrase ``or locations if alternatives are proposed'' from this
provision. Section 25.114(c)(5)(ii) requires an applicant to list ``the
factors that support the orbital location assignment or assignments,''
i.e., to state reasons for assigning the proposed orbital location(s)
to the applicant. The need for such information was also eliminated by
the 2003 reform. We therefore propose to delete this requirement. In
addition, we propose minor changes in Sec. Sec. 25.114(c)(5)(iii) and
25.114(c)(5)(iv) to delete redundant phrases.
50. Section 25.114(c)(6) requires applicants to specify orbital
parameters for non-geostationary satellites. One such parameter
currently collected in Schedule S but not listed in Sec. 25.114(c)(6),
is the initial phase angle of a non-geostationary satellite in its
orbital plane at a reference time. This information is needed for
properly modeling non-geostationary satellite constellations. We
propose to add a provision to Sec. 25.114(c)(6) to require applicants
to specify this parameter. We also propose to delete the unnecessary
phrase ``applicable information relating to'' from Sec.
25.114(c)(6)(i).
51. Section 25.114(c)(7) requires applicants for geostationary
space stations to specify ``the accuracy with which the orbital
inclination, the antenna axis attitude, and longitudinal drift will be
maintained.'' We propose to move the requirement to specify antenna
axis attitude accuracy to Sec. 25.114(c)(5) because that parameter is
related to the station-keeping accuracy parameters listed in that
Section. We propose to delete the requirements to specify orbital
inclination accuracy and longitudinal drift accuracy, which are
redundant, as the same information is required by provisions in Sec.
25.114(c)(5). These changes would result in removing all of the current
text from Sec. 25.114(c)(7). We propose to replace this text with an
amended version of the current provisions in Sec. 25.114(d)(4). We
also propose to codify the requirement to include a general
specification of the frequency bands on the proposed satellite(s),
which is currently collected in Schedule S, in the revised Sec.
25.114(c)(7).
52. Section 25.114(c)(8) requires applicants to specify power flux
density levels within each proposed coverage area and energy dispersal
necessary to comply with limits in Sec. 25.208. For clarification, we
propose to amend this provision by changing ``[c]alculation of'' to
``[c]alculated,'' ``power flux density levels'' to ``maximum power flux
density levels,'' and ``energy dispersal'' to ``energy dispersal
bandwidths.''
53. Section 25.114(c)(10) requires the applicant to specify
spacecraft weight and dimensions, on-ground and in-orbit mass, power
budgets at beginning and end of life, estimated space station
[[Page 67178]]
operational lifetime, reliability of the space station, and the basis
for the reliability estimate. We propose to retain the requirement to
specify estimated operational lifetime. We propose to delete the other
requirements because they are either collected elsewhere or are
unnecessary.
54. Section 25.114(c)(11) requires an applicant to indicate whether
the proposed space station will be operated on a common carrier or non-
common carrier basis. If the applicant proposes to operate on a non-
common carrier basis, the rule requires a general description of the
non-common-carrier transactions and specification of ``the number of
transponders to be offered on a non-common-carrier basis.'' We propose
to delete the requirement to describe transactions and specify the
number of transponders to be used for non-common-carrier services, as
there is no need for routine review of such information.
55. Section 25.114(c)(12) requires an applicant to estimate the
dates when satellite construction will commence, when such construction
will be completed, when the satellite(s) will be launched, and when
they will be placed in service. The Commission's milestone rules and
associated reporting requirements reduce the need for such time
estimates in license applications. We therefore propose to delete Sec.
25.114(c)(12).
56. Section 25.114(c)(13) requires applicants to provide ``[t]he
polarization information specified in Sec. Sec. 25.210(a)(1), (a)(3),
and (i), to the extent applicable.'' For clarity, we propose to amend
Sec. 25.114(c)(13) to require applicants to specify in Schedule S the
polarization information necessary for determining compliance with
Sec. 25.210.
c. Section 25.114(d)
57. Section 25.114(d) lists the types of information space station
applicants must provide in a narrative attachment. We propose changes
to many of these rules.
58. Section 25.114(d)(1) requires the applicant to provide a
``[g]eneral description of the overall system facilities, operations,
and services.'' We propose to amend this provision to include a
simplified requirement that the applicant explain how space station
receiving beams would be connected to transmitting beams.
59. Section 25.114(d)(2) requires space station applicants to
specify any feeder link and/or inter-satellite service frequencies
requested for the satellite, ``together with any demonstration
otherwise required by this chapter for use of those frequencies (e.g.,
Sec. Sec. 25.203(j) and (k)).'' The requirement to specify feeder link
and inter-satellite service frequencies is redundant, as Sec.
25.114(c)(4)(i) requires applicants to enter the same information in
Schedule S. The cross-reference to Sec. 25.203(j) is also redundant,
since the same information is required by Sec. Sec. 25.114(c)(4)(i)
and 25.114(d)(3). Further, the cross-reference to Sec. 25.203(k) is
inappropriate because that provision does not prescribe a content
requirement for space station applications. We therefore propose to
delete Sec. 25.114(d)(2).
60. Section 25.114(d)(3) requires space station applicants to
provide predicted antenna gain contour(s) for each satellite transmit
and receive beam and requested orbital location. The rule requires
applicants to attach gain contour diagrams for geostationary space
stations in .gxt files, which can be opened with the GIMS software
program. Consequently, applicants for space stations with many transmit
and/or receive beams must attach a large number of .gxt files to their
applications. Allowing applicants to attach the contour diagrams in a
GIMS container file, instead, would significantly reduce paperwork
burdens on applicants and Commission staff, because all of the diagrams
could be included in one data file. We therefore propose to amend this
provision to require applicants to submit antenna gain pattern contour
diagrams for geostationary orbit satellites in a GIMS-readable format.
Because applicants submit such gain contour diagrams as attachments to
Schedule S, we further propose to move this requirement to Sec.
25.114(c)(4)(vi).
61. In the interest of promoting administrative efficiency and
reducing paperwork burdens for applicants, we propose to adopt a
provision that would allow applicants for space stations with a large
number of identical spot beams, other than DBS space stations, to
provide antenna gain contour diagrams for one transmit and one receive
antenna beam. Rather than supplying redundant information for the
remaining beams the applicant must supply one of the following: (1) A
map showing the locations of all of the spot beams, (2) a table giving
the geographic locations in latitude and longitude to within 0.1 degree
of the antenna beam boresights, or (3) a map of the isolines formed by
combining some or all of the spot beams into one composite beam. We
propose to insert this provision into Sec. 25.114(d)(3).
62. Section 25.114(d)(4) requires space station applicants to
describe the types of services to be provided, the areas to be served,
the transmission characteristics and performance objectives for each
type of proposed service, details of the link noise budget, typical or
baseline earth station parameters, modulation parameters, and overall
link performance analysis. We propose to retain the requirement to
describe the services to be provided and the areas to be served and
delete the other requirements listed above, which are either redundant
or require the applicant to submit information not needed for
interference assessment. Schedule S collects information about the
services to be provided and the service areas, so we propose to move
the requirement to provide such information to Sec. 25.114(c)(7).
63. We propose to delete the first sentence of Section
25.114(d)(5). The substance of this sentence is repeated in the next
sentence of that provision. We also propose to clarify this provision
by changing ``power flux density'' to ``maximum power flux density.''
64. Section 25.114(d)(7) states that certain applicants must
include information required by Sec. 25.140(b)(1), which, in turn,
refers back to Sec. 25.114. We propose to delete this circuitous
cross-reference from Sec. 25.114(d)(7).
65. Section 25.114(d)(10) states that applications for 1.6/2.4 GHz
Mobile-Satellite Service space stations must include ``all information
specified in Sec. 25.143.'' We propose to amend this provision to
specifically cross-reference Sec. 25.143(b), which is the only
paragraph in Sec. 25.143 that prescribes application content
requirements.
66. We propose to delete redundant text from Sec. 25.114(d)(11),
which requires applicants to state whether the space station is to
operate on a common carrier or non-common carrier basis. This
information is already required by Sec. 25.114(c)(11).
67. Section 25.114(d)(13) contains special information requirements
for DBS space station applicants. We propose minor changes in this
section to clarify that the cross-references to Appendices 4, 30, and
30A refer to appendices to the ITU Radio Regulations.
68. Section 25.114(d)(14) requires applicants seeking authority to
construct, launch, or operate a space station--or seeking access to the
U.S. market for a non-U.S.-licensed space station--to disclose plans to
mitigate the creation and effects of orbital debris that may result
from the proposed activities. We seek comment on amending Sec.
25.114(d)(14) to reflect policies that the Commission has previously
adopted regarding orbital debris mitigation disclosure that are not
currently
[[Page 67179]]
codified in Part 25. As a specific example, we seek comment on amending
Sec. 25.114(d)(14)(iv) to add that applicants for space stations to be
used only for commercial remote-sensing may, in lieu of submitting
detailed post-mission disposal plans to the Commission, certify that
they have submitted such plans to the National Oceanic and Atmospheric
Administration for review. We also seek comment on whether information
currently provided as part of a narrative statement required by Sec.
25.114(d) could instead be provided by applicants as a certification or
data entry as part of Schedule S, pursuant to Sec. 25.114(c).
5. Section 25.115 ``Applications for Earth Station Authorizations''
69. Section 25.115(d) states that non-voice non-geostationary
(NVNG), 1.6/2.4 GHz, and 2 GHz MSS user transceivers may be blanket-
licensed, rather than individually licensed. The Commission issues
blanket licenses for MSS transceiver operations in all of the allocated
MSS frequency bands. We therefore propose to amend Sec. 25.115(d) to
remove the references to specific frequency bands. Section 25.115(d)
also includes a statement that an application for a blanket license for
MSS user transceivers shall include ``the information described in
Sec. 25.136.'' We propose to modify this text to require an applicant
for a blanket license for 1.5/1.6 GHz MSS mobile earth stations to
explain how it would comply with the priority and preemptive access
requirements, currently set forth in Sec. Sec. 25.136(d) and (e).
70. Section 25.115(e) applies to applications for earth stations
operating in the 20/30 GHz band. The first sentence in Sec. 25.115(e)
states that license applications for individual earth stations
operating in the 20/30 GHz band shall be filed on Form 312, Main Form
and Schedule B, and shall include ``the information described in Sec.
25.138.'' The Commission's band plan for these frequencies permits use
by FSS satellites in both geostationary orbits (GSO) and non-
geostationary orbits (NGSO). The provisions in Sec. 25.138, however,
apply, by their terms, only to applications for earth stations that
communicate via GSO space stations. We propose to amend Sec. 25.115(e)
to indicate that the requirement to provide the information required by
Sec. 25.138 applies only to applications for earth stations that would
communicate via GSO satellites. We also propose to delete the first
sentence of Sec. 25.115(e), which states that applications for 20/30
GHz earth stations shall be filed on Form 312, Main Form, and Schedule
B. This provision is redundant with Sec. Sec. 25.115(a)(1), 25.130(a),
and 25.131(a), which, together, require all earth station applications
to be filed on those forms.
6. Section 25.118 ``Modifications Not Requiring Prior Authorization''
71. Section 25.118(a)(2) states that an earth station licensee may
add or change transmitters or antenna facilities or replace such
equipment that is not electrically identical, without prior authority,
where the new facilities do not require frequency coordination or
exceed existing technical constraints. The rule, as currently drafted,
by its terms, is effectively limited to FSS earth stations operations.
We seek comment on whether we should modify the rule to include generic
text applicable to both FSS and MSS.
72. Section 25.118(e) provides that a licensee may move a
geostationary space station to a different orbital location assigned to
that licensee without prior authority under certain circumstances,
after giving 30-days prior notice to the Commission and potentially
affected parties. One of the prerequisites is that the space station
licensee must certify that it has coordinated operation at the new
location with potentially affected space station operators. We propose
to amend this provision to make clear that such coordination must
include coordination of orbital station-keeping ranges.
73. Section 25.118(e)(8) provides that before relocating a DBS
space station without prior authority, the licensee must certify that
it ``will not cause more interference at the new location than [hellip]
would occur from the current U.S. assignments in the [ITU] Region 2 BSS
Plan and its associated Feeder Link Plan.'' We propose to revise this
provision to allow DBS operators who will operate within the parameters
of a pending Region 2 BSS Plan modification to relocate their space
stations pursuant to Sec. 25.118(e).
74. In comments filed in another proceeding, Globalstar Licensee
LLC advocated amending Sec. 25.118(e) to allow a licensee of a
constellation of NGSO space stations to re-position individual space
stations without prior Commission authority, provided that the number
of authorized operating space stations is not exceeded and the licensee
certifies that the change(s) will not increase interference. We invite
public comment on Globalstar's proposal, and on what information should
be included in the prior notice.
7. Section 25.121 ``License Term and Renewals''
75. We propose to amend Sec. 25.121(d)(1) to provide that the
license term for a geostationary space station will begin on the date
when the licensee certifies that the space station's tested performance
is consistent with the station authorization and that the space station
has been placed in its assigned orbital location and is capable of
using the assigned frequencies, pursuant to proposed Sec. 25.173(b).
We likewise propose to amend Sec. 25.121(d)(2) to provide that the
license term for NGSO space stations will begin on the date when the
licensee certifies pursuant to Sec. 25.173(b) that the tested
performance of an initial space station is consistent with the
authorization and that the space station has been placed in its
assigned orbit and is capable of using the assigned frequencies.
76. Section 25.121(d)(2) includes a statement that ``all [non-
geostationary] space stations brought into service during the 15-year
license term shall operate pursuant to the system authorization and the
operating authority for all space stations will terminate upon the
expiration of the system license.'' We believe that it is redundant to
state that NGSO space stations brought into service during the license
term shall operate pursuant to the system authorization, as this is
already stated in the system license. We therefore propose to revise
this provision to simply state that operating authority for all space
stations brought into service under the system license will terminate
when the system license expires.
8. Section 25.129 ``Equipment Authorization for Portable Earth-Station
Transceivers''
77. Section 25.129(c) prescribes content requirements for
applications for certification of portable earth station transceivers
pursuant to Part 2, Subpart J. We propose to amend this provision by
adding a cross-reference to the labeling requirement in proposed new
Sec. 25.285(b).
9. Section 25.130 ``Filing Requirements for Transmitting Earth
Stations''
78. The International Bureau has allowed applicants to apply for a
single earth station license with multiple antennas in certain
circumstances. In frequency bands shared with terrestrial services on a
co-primary basis, an applicant may request a single license for
multiple antennas if the proposed antennas would be located within one
[[Page 67180]]
geographic second of each other. In frequency bands allocated only to
satellite services on a primary basis, an applicant may request a
single license for multiple antennas if the proposed antennas are all
within 10 geographic seconds of each other. We propose to codify this
policy in a new provision, Sec. 25.130(g). The new rule would state
that an applicant may request a single earth station license to cover
multiple antennas at fixed locations transmitting in frequency bands
shared on a co-primary basis with terrestrial services if the antennas
will all be sited within an area bounded by one second of latitude and
longitude. The new rule would also permit applicants to request a
single license to cover multiple antennas transmitting in unshared
bands if the proposed antennas will all be sited within an area bounded
by 10 seconds of latitude and longitude. We invite comment on the type
of information applicants should be required to provide to facilitate
administration of this policy. In addition, as explained previously, we
also propose to amend Sec. 25.130 by deleting redundant provisions
from Sec. 25.130(e).
10. Section 25.131 ``Filing Requirements for Receive-Only Earth
Stations''
79. Section 25.131(b) states that ``except as provided in paragraph
(j) of this section,'' receive-only earth stations in the Fixed-
Satellite Service that operate with U.S.-licensed satellites may be
registered with the Commission in order to receive protection from
interference from terrestrial microwave stations in co-primary
frequency bands. We propose to amend Sec. 25.131(b) to clarify that a
receive-only FSS earth station that receives signals from a non-U.S.-
licensed space station in a band shared co-equally with terrestrial
microwave stations (i.e., the C-band) may be registered as well, if the
non-U.S.-licensed space station is on the Permitted List.
80. We also propose to amend Sec. 25.131(b) by inserting a cross-
reference to Sec. 25.209(e), which provides that earth stations with
antennas not conforming to the standards specified in Sec. Sec.
25.209(a) and (b) are entitled to no more protection from interference
than earth stations conforming to those standards.
81. Section 25.131(j)(2) states that receive-only earth stations
need not be licensed to receive transmissions from non-U.S.-licensed
space stations on the Permitted List, provided that certain
requirements are satisfied. One of the requirements is that the earth
station's antenna meets the performance standards in Sec. Sec.
25.209(a) and (b). We propose to delete that requirement. Receive-only
stations cannot cause interference, whether or not their antennas meet
the standards in Sec. Sec. 25.209(a) and (b). Furthermore, the
operator of any earth station not conforming to those standards can
claim no more protection from interference than it could claim if the
station's antenna met the standards.
11. Section 25.132 ``Verification of Earth Station Antenna Performance
Standards''
82. Section 25.132(a)(1) states that all license applications for
transmitting earth stations, except for earth stations operating in the
20/30 GHz band, must include a certificate from the antenna
manufacturer(s) that the manufacturer has ascertained through testing
that the performance of the antenna(s) conforms to the standards in
Section 25.209 of the Commission's rules. We propose to clarify that
this provision is limited in scope to applications for FSS earth
stations. Further, we propose to amend Sec. 25.132(a)(1) to allow
applicants to certify, in the alternative, that the tested antenna
performance is consistent with either off-axis EIRP density standards
in Part 25, or with coordinated off-axis EIRP density specifications.
We also propose to amend this provision to afford greater flexibility
by allowing an applicant to certify it has reviewed the radiation
pattern testing performed by the manufacturer, instead of submitting a
certificate of compliance from the manufacturer.
83. Section 25.132(a)(2) states that applications for transmitting
earth stations operating in the 20/30 GHz band must include the
measurements in Sec. Sec. 25.138(d) and (e). The provisions in Sec.
25.138 apply only to 20/30 GHz earth stations that communicate via
geostationary space stations. However, NGSO FSS networks may also
operate in portions of the 20/30 GHz band. We propose to amend Sec.
25.132(a)(2) to clarify that only applications for 20/30 GHz earth
stations communicating via geostationary space stations need to comply
with Sec. Sec. 25.138(d) and (e).
84. Section 25.132(d) prescribes on-site measurement requirements
for earth station antennas over three meters in diameter. We propose to
amend this provision to clarify that it does not apply to large
antennas for 20/30 GHz GSO FSS earth stations, which are subject to
somewhat different on-site measurement requirements in Sec. 25.138(d).
85. Section 25.132(b)(3) requires applicants proposing to operate
with antennas that do not conform to the standards in Sec. Sec.
25.209(a) and (b) to submit gain test plots from the antenna
manufacturer, if the applicant is requesting a license based on
coordination or off-axis EIRP density under Sec. Sec. 25.220, 25.221,
25.222, 25.223, or 25.226. We propose to amend this provision to
clarify that applicants seeking authority to operate non-conforming
antennas pursuant to Sec. 25.218 must submit antenna gain plots as
well.
12. Section 25.133 ``Period of Construction; Certification of
Commencement of Operation''
86. Section 25.133(a)(1) states that each earth station license,
except licenses for mobile earth stations, will include a condition
specifying a time period within which the station must be constructed
and placed into operation. Section 25.133(a)(2) states that each
license for mobile earth stations will include a condition specifying a
time within which station operation must commence and further states
that the network in which the mobile stations will operate must be
brought into operation within 12 months of the license grant. We
propose to revise the exception in Sec. 25.133(a)(1) to cover all
blanket earth station licenses and likewise propose to amend Sec.
25.133(a)(2) to apply to all blanket earth station licenses.
87. We also propose to change ``license'' to ``initial license'' in
Sec. Sec. 25.133(a)(1) and (2) to indicate that such conditions will
not be re-imposed when earth station licenses are renewed. Similarly,
we propose to change ``each license'' to ``each initial license'' in
Sec. 25.133(b)(1). Section 25.133(b)(1) states that each license for
an individual transmitting earth station shall require the licensee,
upon completing station construction, to certify that construction has
been completed and that each antenna has been tested and its
performance found to be within 2 dB of ``the pattern specified in Sec.
25.209, Sec. 25.135 * * *, or Sec. 25.213 * * *.'' As there is no
antenna pattern specification in Sec. 25.135 or Sec. 25.213, however,
we propose to amend this provision to require the licensee to certify
that it has found the performance of the antenna(s) in question to be
within 2 dB of the applicable pattern in Sec. 25.209 or the pattern
authorized by the earth station license.
13. Section 25.134 ``Licensing provisions for Very Small Aperture
Terminal (VSAT) and C-Band Small Aperture Terminals (CSAT) Networks''
88. Section 25.134(a)(1) prescribes routine processing standards
for
[[Page 67181]]
applications for analog VSAT networks and applications for digital VSAT
networks granted on or before September 15, 2005. The provision
pertaining to pre-2005 applications is obsolete, and the provisions
pertaining to analog and digital networks duplicate provisions in Sec.
25.134(g). We therefore propose to delete Sec. 25.134(a)(1).
89. Section 25.134(b) provides that license applicants for
``digital and/or analog'' VSAT networks proposing to operate with
higher downlink EIRP density or antenna input power than the values
``specified in Paragraph (a) of this Section'' must comply with certain
procedures. The provisions in Sec. 25.134(a) specifying downlink EIRP
density and antenna input power levels for VSAT networks would be
deleted by the change proposed above and have been superseded by
similar provisions in Sec. 25.134(g), which apply by their terms to
all VSAT applications filed after March 10, 2005. We therefore propose
to amend Sec. 25.134(b) to refer to Sec. 25.134(g) rather than Sec.
25.134(a). We also propose to delete the phrase ``digital and/or
analog,'' which is an unnecessary distinction since all VSAT networks
are either digital or analog.
90. Section 25.134(e) states that a VSAT network may have more than
one hub earth station. We propose to amend this provision to add, for
clarification, that the hubs in a multi-hub VSAT network may be sited
in different places.
91. We propose to replace ``VSAT operators in the 11.7-12.2 GHz and
14.0-14.5 GHz frequency bands'' in Sec. 25.134(f) with ``12/14 GHz
VSAT operators'' and delete unnecessary words from this provision.
92. Section 25.134(g) states that beginning on March 10, 2005, all
license applications for 12/14 GHz VSAT networks that meet specified
limits on the EIRP spectral density of satellite downlinks and earth
station antenna input will be routinely processed. Compliance with the
limit on input power density will not, however, ensure that VSAT
terminals with an equivalent antenna diameter less than 1.2 meters or
gain patterns not in conformance with the standards in Sec. Sec.
25.209(a) and (b) will suppress off-axis radiation sufficiently to
prevent harmful interference. We therefore propose to amend Sec.
25.134(g) to add that in order to qualify for routine processing, a 12/
14 GHz VSAT application must specify equivalent antenna diameter of 1.2
meters or more and certify conformance with those antenna performance
standards pursuant to Sec. 25.132(a)(1). We also propose to delete the
obsolete effective date in the first sentence of Sec. 25.134(g) and
delete another obsolete date in Sec. 25.134(g)(4).
93. Section 25.134(h) prohibits VSAT operators from using remote
earth stations that are not designed to stop transmission ``when
synchronization with the target satellite fails.'' However, the remote
earth stations in a VSAT network do not synchronize with a target
satellite directly, but rather synchronize with certain signals from,
or retransmitted by, the target satellite. In order to more precisely
characterize the interaction between remote VSAT earth stations and
their target satellite, we therefore propose to amend Sec. 25.134(h)
to prohibit VSAT operators from using remote earth stations that are
not designed to stop transmission when synchronization to signals from
the target satellite fails.
14. Sections 25.135 ``Licensing Provisions for Earth Station Networks
in the Non-Voice, Non-Geostationary Mobile-Satellite Service'' and
25.136 ``Licensing Provisions for User transceivers in the 1.6/2.4 GHz,
and 2 GHz Mobile Satellite Services''
94. Sections 25.135 and 25.136 contain operational requirements for
MSS user transceivers. In the interest of improving the organizational
coherence of Part 25, we propose to move the provisions in the second
sentence of Sec. 25.135(c), Sec. 25.135(d), and Sec. Sec. 25.136(b),
(c), (d), and (e) to a new rule section, Sec. 25.287, in Subpart C
(Technical Standards). We also propose to amend some of those
provisions to make them more concise.
95. Section 25.136(f) states that an L-band (i.e., 1.5/1.6 GHz) MSS
licensee may construct ATC base stations at any time after commencing
construction of its MSS system. Section 25.143(i) contains an identical
rule for 1.6/2.4 GHz and 2 GHz MSS licensees. We propose to replace
these band-specific rules with a generally applicable rule, which we
propose to insert in Sec. 25.113(b).
96. Section 25.136(g) prescribes rules pertaining to ``build-out''
and pre-operational testing of any type of ATC facility. Section
25.143(j) contains identical rules specifically for 1.6/2.4 GHz and 2
GHz ATC facilities. We propose to delete the duplicative rules in Sec.
25.143(j) and move the provisions in Sec. 25.136(g) to a separate
subparagraph of Sec. 25.113(b). We also propose to revise the text of
these provisions to make them more succinct.
15. Section 25.138 ``Blanket Licensing Provisions of GSO FSS Earth
Stations in the 18.3-18.8 GHz Space-to-Earth, 19.7-20.2 GHz (Space-to-
Earth), 28.35-28.6 GHz (Earth-to-Space), and 29.25-30.0 GHz (Earth-to-
Space) Bands''
97. Section 25.138 contains a routine processing standard and
content requirements for license applications for earth stations that
communicate with geostationary FSS space stations in the 18.3-18.8 GHz,
19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz frequency bands. We
propose to amend the caption and first sentence in Sec. 25.138(a) to
reflect that the processing standards and content requirements of this
section apply to applications for both individual stations and blanket
licenses.
98. Section 25.138(b) requires an earth station applicant proposing
to operate with off-axis radiated power density or power flux density
(PFD) levels in excess of those specified in Sec. 25.138(a) to provide
a link budget analysis and explain how the applicant derived each
uplink and downlink power density figure and whether operation with the
proposed higher levels would cause ``margin shortfalls in any existing
baseline service.'' In addition, Sec. 25.138(b) requires the applicant
to certify that the operators of potentially affected space stations
within 6 degrees of the proposed target satellite do not object to the
proposed use of higher off-axis power density. We propose to clarify
and simplify these requirements by substituting a requirement that an
applicant demonstrate that the higher proposed power is necessary to
close the communications link and give the applicant an option between:
(i) Providing an interference analysis showing its proposed operations
are compatible with satellite networks using space stations in the
vicinity of the proposed target satellite or (ii) providing evidence
that it has coordinated the proposed higher-power operation with the
operators of such potentially affected satellite networks. If an
applicant demonstrates through technical analysis that other satellite
networks will not suffer harmful interference, there would be no need
for coordination with operators of such other systems, and vice versa.
99. The last sentence in Sec. 25.138(b) requires applicants
proposing earth stations that are not eligible for routine processing
to certify that ``all potentially affected parties (i.e., those GSO FSS
satellite networks that are 2, 4, and 6 degrees apart) acknowledge and
do not object to the use of the applicant's higher power densities.''
For
[[Page 67182]]
clarification, we propose to amend this provision to state that such
applicants must certify that operators of co-frequency GSO FSS space
stations within 6 degrees of the proposed point of communication have
no objection.
100. Section 25.138(d) requires applicants to provide measured
radiation patterns for each proposed earth station antenna type. We
propose to replace the undefined term ``the 30 GHz band'' in the first
sentence of this provision with ``each requested uplink band.''
Further, we recognize that it may not be feasible for applicants to
provide such measurement data for large antennas that must be assembled
on site. We therefore propose to insert text in Sec. 25.138(d) similar
to that in Sec. 25.132(d), stating that the radiation patterns of
antennas more than 3 meters in diameter that will be assembled on site
may be measured once assembled on site, rather than prior to filing the
application. In such cases, the licensee must provide certification of
satisfactory performance when providing its completion of construction
certification.
101. Section 25.138(e) indicates the extent to which 20/30 GHz GSO
FSS earth station licensees are entitled to protection from
interference from downlink operation of adjacent satellites. It also
requires applicants to provide ``[receive] antenna performance plots
for the 20 GHz band, including the format specified in paragraph (d) of
this section.'' For clarification, we propose to replace the term ``20
GHz band'' with ``18.3-18.8 GHz and 19.7-20.2 GHz bands'' and to change
``including the format specified in paragraph (d)'' to ``in the format
contained in paragraph (d).''
102. The first sentence in Sec. 25.138(f) prohibits 20/30 GHz
earth station licensees from transmitting to a GSO FSS satellite
without prior permission from the satellite operator or a reseller
authorized by the satellite operator. The next sentence requires such
transmissions to conform to the operating protocols specified by the
satellite operator. We propose to delete these provisions, which are
subsumed by the general rule in Sec. 25.273(a) that ``[n]o person
shall [t]ransmit to a satellite unless the specific transmission is
first authorized by the satellite network control center.''
103. Section 25.138(g) states that an applicant for renewal of an
earth station license granted pursuant to Sec. 25.138 must specify the
number of constructed stations in FCC Form 405. This form is no longer
in use. We propose to amend this provision to refer to Form 312R, which
is currently used for requesting renewal of earth station licenses.
16. Section 25.140 ``Requirements for License Applications for Space
Stations in the Fixed-Satellite Service and 17/24 GHz Broadcasting-
Satellite Service''
104. Section 25.140(b) prescribes content requirements for license
applications for FSS and 17/24 GHz BSS space stations. Section
25.140(b) states that an applicant for an FSS space station license
must ``demonstrate * * * that it is legally, technically, and otherwise
qualified to proceed expeditiously with the construction, launch and/or
operation of each proposed space station facility'' and provide
additional information specified in subparagraphs of this rule. This
could be construed to mean that space station applications must include
a further ``qualification'' showing of an unspecified nature in
addition to the information specifically required by Sec. Sec. 25.114
and 25.140. For clarification, we propose to remove the language that
suggests such a further qualification showing is required. We also
propose to move the provision in Sec. 25.140(b)(1), which states that
applications subject to Sec. 25.140(b) must include the information
specified in Sec. 25.114, into the first paragraph of Sec. 25.140(b)
and reserve Sec. 25.140(b)(1) for other use. We also propose to amend
the first sentence of Sec. 25.140(b) to clarify that the subsection
applies to both FSS and 17/24 GHz BSS space station applicants.
105. Section 25.140(b)(2) requires FSS space station applicants to
provide an interference analysis, cross-referencing appendices to a
1983 Commission order. We propose to cite the order's FCC number and
add a reference to more recent public notices that provide relevant
guidance. We seek comment as to whether the requirement in Sec.
25.140(b)(2) should be made more specific, either by incorporating text
from the public notices or in some other way.
17. Section 25.144 ``Licensing Provisions for the 2.3 GHz Satellite
Digital Audio Radio Service''
106. Section 25.144(a)(3)(iii) requires an applicant for a license
for a 2.3 GHz SDARS system to specify the compression rates that it
will use to transmit audio programming and any ancillary services.
Because compression rates for SDARS audio transmissions vary
dynamically depending on program content and overall bandwidth
allocation needs, we propose to delete this rule.
18. Section 25.145 ``Licensing Provisions for the Fixed-Satellite
Service in the 20/30 GHz Bands''
107. Section 25.145 contains licensing rules for FSS space stations
operating in the 20/30 GHz frequency bands. Section 25.145(a) states
that ``[e]xcept as provided in Sec. 25.210(b), in general all rules
contained in this part''--that is, all of the rules in Part 25--apply
to FSS in the 20/30 GHz bands. The statement is overbroad, as many
rules in Part 25 do not apply to the 20/30 GHz band. We therefore
propose to delete Sec. 25.145(a).
19. Section 25.154 ``Opposition to Applications and Other Pleadings''
108. Section 25.154 prescribes procedural requirements for
petitions to deny and related pleadings. Section 25.154(a) states that
a petition to deny a Part 25 application must be filed within 30 days
after the application is placed on public notice. Section 25.154(c)
states that oppositions to petitions to deny must be filed within 10
days after the petition to deny is filed. Section 25.154(d) provides
that replies to such oppositions must be filed within five days after
the opposition is filed. By their terms, however, Sec. Sec. 25.154(c)
and (d) do not apply in cases where a petition to deny has been filed
against an earth station application filed pursuant to Sec. 25.220. In
such cases, Sec. 25.154(e) requires the applicant to file a statement
within 30 days after the petition to deny is filed, stating whether all
of the issues raised by the petitioner have been resolved. Section
25.154(e) does not, however, contain any provision for filing an
opposition in response to a petition to deny an application filed
pursuant to Sec. 25.220. We propose to amend Sec. 25.154(e) to state
that an opposition to a petition to deny an application filed pursuant
to Sec. 25.220 may be filed within the 30-day period allowed for
filing the statement regarding resolution of issues. We also propose to
eliminate the exception from Sec. 25.154(d) for applications filed
pursuant to Sec. 25.220. This will allow replies to oppositions to
petitions to deny to be filed within five days of the opposition in all
cases involving Part 25 applications. This would allow a more complete
record for considering contested Sec. 25.220 applications.
20. Section 25.161 ``Automatic Termination of Station Authorization''
109. Section 25.161 specifies the circumstances under which station
licenses granted under Part 25 automatically terminate. We propose to
amend Sec. 25.161(b) to indicate that operational authority for a
space station
[[Page 67183]]
will not terminate at the end of its license term if a modification
application for extension is pending.
H. Other Proposed Changes in Subpart C--``Technical Standards''
110. Subpart C of Part 25 includes rules relating to governing
technical standards of earth and space stations. We propose to make
several substantive changes to the technical requirements.
1. Section 25.202 ``Frequencies, Frequency Tolerance and Emission
Limitations''
111. The first sentence in Section 25.202(c) states that orbital
locations assigned to space stations licensed under Part 25 are subject
to change by summary order of the Commission on 30 days notice. This
rule is based on the premise that orbital locations are fungible. The
2003 Space Station Licensing Reform Order eliminated that assumption.
More recently, the Commission has noted that each orbital location has
unique characteristics and that determining whether there are feasible
alternatives to an orbital location may involve substituting the
Commission's judgment for that of a satellite operator. Consequently,
if the Commission has reason to change an orbital assignment, we would
need to follow the license modification process. We therefore propose
to eliminate the first sentence in Sec. 25.202(c).
112. The second sentence in Section 25.202(c) states that an
authorization to construct and/or launch a space station becomes null
and void if the space station operator does not meet specified
milestones. This provision is duplicative of Sec. 25.161(a)(1).
Consequently, we propose to eliminate the second sentence of Sec.
25.202(c).
113. The last sentence of Section 25.202(c) states that frequencies
and orbital assignments are subject to the policies set forth in
Commission Orders adopted in 1983, 1985, and 1996. All of these
policies have been incorporated elsewhere into the Part 25 rules or
have been superseded. Consequently, we propose to eliminate this
sentence. Adopting all of these changes would eliminate all of the text
in Sec. 25.202(c), which would be reserved for other use.
114. Section 25.202(g) requires TT&C signals for ``U.S. domestic
satellites'' to be transmitted at either or both edges of the
``allocated'' frequency bands. We propose to replace the obsolete term
``U.S. domestic satellites'' with ``U.S.-licensed satellites'' and
replace ``allocated'' with ``assigned.'' We also invite comment as to
whether we should amend this provision to allow satellite operators to
transmit TT&C signals in portions of the assigned bands other than the
edges, provided that such transmissions would cause no more
interference and require no greater protection than transmission of
ordinary communications traffic.
2. Section 25.204 ``Power Limits''
115. Section 25.204 is simply captioned ``Power limits,'' although
all of the limits that it contains pertain only to earth station
operation. We propose to amend the caption to read ``Power limits for
earth stations.''
3. Section 25.205 ``Minimum Angle of Antenna Elevation''
116. Section 25.205(a) states that earth stations will not normally
be authorized to transmit at elevation angles less than 5 degrees above
the horizontal plane but that the Commission may authorize operation at
an elevation angle as low as 3 degrees in a seaward direction or upon a
showing of good cause. The purpose of this minimum angle requirement is
to prevent earth stations from causing harmful interference. We note,
however, that the ITU Radio Regulations contain a 3-degree minimum
elevation angle for earth station antennas, except as otherwise agreed
in international coordination. We invite comment on revising Section
25.205(a) to similarly provide for routine authorization of earth
stations operating at elevation angles down to 3 degrees in frequency
bands not shared with terrestrial radio systems.
4. Section 25.206 ``Station Identification''
117. Section 25.206 states that stations licensed under Part 25
need not transmit station identification, except for stations that are
required to incorporate an Automatic Transmitter Identification System
by provisions in Sec. 25.308. We propose to correct this erroneous
cross-reference by cross-referencing the correct section, Sec. 25.281.
5. Section 25.208 ``Power Flux Density Limits''
118. Section 25.208(w) requires space-to-Earth transmissions in the
17.3-17.7 GHz band to meet specified regional PFD limits at the Earth's
surface ``for all conditions, including clear sky.'' PFD at the Earth's
surface, however, may be locally affected by weather conditions that
are not uniform throughout a satellite beam's coverage area. We
therefore propose to add a note to Sec. 25.208(w) that states that the
prescribed limits pertain to the PFD that would be obtained under
assumed free-space propagation conditions. We also propose to delete
the phrase ``including clear sky'' as unnecessary.
6. Section 25.209 ``Earth Station Antenna Performance Standards''
119. Section 25.209(d) states that the antenna performance
standards in Sec. Sec. 25.209(a) and (b) apply to earth station
antennas initially authorized after February 15, 1985 and ``shall
apply'' to all earth station antennas after March 11, 1994. We propose
to delete this provision as obsolete. We will also correct the antenna
gain envelope in Sec. 25.209(h)(1) to:
29-25log10 ([theta]) dBi for 1[deg] <= [theta] <= 36[deg]
-10 dBi for 36[deg] < [theta] <= 180[deg]
7. Section 25.210 ``Technical Requirements for Space Stations''
120. Section 25.210(a) states that FSS space stations operating in
the 4/6 GHz bands must: (1) Use orthogonal linear polarization, such
that one polarization sense is parallel to the equatorial plane; (2)
use opposite polarization senses on uplink and downlink transmissions
on the same transponder; and (3) be capable of switching polarization
senses upon ground command. The Commission adopted these provisions to
minimize interference between adjacent space stations providing analog
video services and to be able to reassign space stations to other
orbital locations. We seek comment on whether these rules are still
necessary.
121. Section 25.210(b) requires FSS space stations operating in the
20/30 GHz bands to use orthogonal circular polarization or orthogonal
linear polarization with one polarization plane defined by the
equatorial plane, to put opposite polarity on uplink and downlink
transmissions on the same transponder, and to be able to switch
polarization sense on ground command. These requirements were intended
to promote efficient re-use of spectrum by requiring 20/30 GHz FSS
transmissions to be on opposite, mutually non-interfering,
polarizations. This objective is sufficiently served by the less
restrictive full frequency re-use requirement in Sec. 25.210(f), which
requires 20/30 GHz space stations to employ ``state-of-the-art full
frequency re-use'' through use of orthogonal polarization and/or
spatially independent beams. We therefore propose to delete Sec.
25.210(b).
122. Section 25.210(c) states that FSS space stations must be
capable of changing transponder saturation flux densities by ground
command in 4 dB steps over a range of 12 dB. This capability can be
used to equalize the uplink power levels of signals transmitted from
earth stations to
[[Page 67184]]
adjacent transponders on the same space station, and to facilitate
coordination with neighboring space stations. Since we adopted the
rule, operators have developed other means of facilitating
coordination. Consequently, we do not believe that it continues to be
necessary to impose specific design requirements as a means of
effectuating coordination. We therefore propose to delete the current
text in Sec. 25.210(c).
123. Section 25.210(i) prescribes cross-polarization isolation
requirements for FSS space stations and 17/24 GHz BSS space stations.
We intend to retain the cross-polarization isolation requirement for
17/24 GHz BSS space stations, which could facilitate coordination with
co-located space stations. We invite comment as to whether the cross-
polarization isolation requirement for FSS space stations should be
relaxed and, if so, to what extent. Alternatively, we invite comment as
to whether we should eliminate the minimum isolation requirement for
FSS space stations and add a provision to Sec. 25.273(d) stating that
operators of FSS space stations with less than 30 dB of receive-beam
cross-polarization isolation are entitled to no more interference
protection for space station receiving links than if such isolation
were 30 dB.
8. Section 25.211 ``Analog Video Transmissions in the Fixed-Satellite
Service''
124. Section 25.211 is captioned ``Analog video transmission in the
Fixed-Satellite Services.'' Section 25.211(d) states that an earth
station may be routinely licensed for ``full transponder'' analog video
transmission in the 5925-6425 MHz band if the equivalent diameter of
its antenna is 4.5 meters or more and input power to the antenna does
not exceed 26.5 dBW. Section 25.211(d) also states that an earth
station may be routinely licensed for ``full transponder'' analog video
transmission in the 14.0-14.5 GHz band if the equivalent diameter of
its antenna is 1.2 meters or more and the input power does not exceed
27 dBW. We see no reason to limit routine processing under Sec.
25.211(d) to full transponder transmissions and propose to delete this
term. We also propose to amend Sec. 25.211(d) to add that applicants
must certify antenna performance pursuant to Sec. 25.132(a)(1) to be
eligible for routine licensing under Sec. 25.211(d).
125. Section 25.211(e) provides that earth stations transmitting
analog video signals in the 5925-6425 MHz band with antennas smaller
than 4.5 meters in diameter or in the 14.0-14.5 GHz band with antennas
smaller than 1.2 meters in diameter ``are subject to the provisions of
Sec. 25.220.'' Similarly, Sec. 25.211(f) states that applicants for
``authorization for analog [earth-station] transmissions * * *
proposing to use maximum power into the antenna in excess of [the
levels] specified in Sec. 25.211(d)'' must comply with the
requirements in Section 25.220 for licensing non-conforming earth
stations based on coordination. We propose to combine the provisions in
Sec. Sec. 25.211(e) and (f) in a single sub-paragraph (e). We also
propose to change ``analog transmission'' in Sec. 25.211(f) to
``analog video transmission,'' in keeping with the section caption and
to avoid conflict with provisions in Sec. 25.212 pertaining to analog
transmission.
9. Section 25.212 ``Narrowband Analog Transmissions and All Digital
Transmissions in the GSO Fixed-Satellite Service''
126. Section 25.212(c) contains routine licensing standards for
earth stations transmitting narrowband analog signals or digital
signals in the 14.0-14.5 GHz band. The first sentence in Sec.
25.212(c) provides for routine licensing of earth stations transmitting
analog signals in bandwidths up to 200 kilohertz. We propose to amend
this provision to allow routine licensing of stations transmitting
analog signals of up to 1 megahertz in bandwidth. This would reduce the
need for additional technical demonstrations in these cases, reducing
paperwork burdens for applicants and corresponding administrative
burdens for the Commission's staff. We also propose to amend Sec.
25.212(c) to cross-reference the verification requirement in Sec.
25.132(a)(1) and exclude Earth Stations on Vessels (ESV) and Vehicle-
Mounted Earth Stations (VMES), which are subject to special licensing
rules contained in other sections, and earth stations installed in
aircraft, for which special rules are under consideration.
127. Section 25.212(d)(1) prescribes a routine licensing standard
for 5925-6425 MHz earth stations ``licensed before March 10, 2005.'' We
propose to delete this obsolete provision.
128. Section 25.212(d)(2) prescribes routine licensing standards
for earth stations that transmit ``SCPC'' (i.e., single channel per
carrier) signals in the 5925-6425 MHz band with antennas with
equivalent diameters of 4.5 meters or more. We propose to delete the
phrase, ``[f]or earth stations licensed after March 10, 2005,'' from
its first sentence. We also propose to insert a cross-reference to the
verification requirement in Sec. 25.132(a)(1) and exclude ESVs, for
the reason stated above. Further, we propose to modify the rule to
cover all digital carriers and all analog carriers with bandwidths up
to 1 megahertz.
129. Last, we propose to amend Section 25.212(e) to clarify the
procedure for licensing earth stations with C-band antennas smaller
than 4.5 meters in diameter or Ku-band antennas smaller than 1.2 meters
in diameter. These changes will consolidate certain provisions in
Sec. Sec. 25.212(c) and (d)(3) into Sec. 25.212(e).
10. Section 25.215 ``Technical Requirements for Space Stations in the
Direct Broadcast Satellite Service''
130. Section 25.215 contains a 30 dB cross-polarization isolation
requirement for DBS space station antennas. The International Bureau
has routinely granted partial waivers of this requirement, however, to
allow DBS space stations to operate with cross-polarization isolation
of 27 dB. This has not resulted in harmful interference. We believe
that 27 dB of cross-polarization isolation affords adequate cross-
polarization interference protection for DBS service links using
current digital modulation and error-correction coding techniques. We
therefore propose to relax the cross-polarization isolation requirement
for DBS space station antennas (both service-link and feeder-link) to
27 dB and invite comment as to whether some other minimum cross-
polarization isolation level should be prescribed instead. We also
propose to move the provision from Sec. 25.215 to Sec. 25.210(c).
This change would eliminate all content from Sec. 25.215, which we
propose to reserve.
11. Section 25.217 ``Default Service Rules''
131. Section 25.217 contains ``default'' technical rules for
stations licensed to operate in frequency bands for which the
Commission has not yet adopted frequency-specific service rules.
Paragraphs (b)(1) and (c)(1) of this section require space stations
operating in such bands under licenses granted pursuant to the
procedure contained in Sec. 25.157 or Sec. 25.158 to conform to the
technical requirements in certain specified rule provisions, including
Sec. Sec. 25.210(c) and (l). As a consequence of changes proposed
above, we propose to delete the cross-references to Sec. Sec.
25.210(c) and 25.210(l).
132. Section 25.217(b)(3) provides that earth station licensees
with authority to communicate via NGSO-like space stations operating
pursuant to the default rules in Sec. 25.217(b)(1) must comply with
the requirements in
[[Page 67185]]
Sec. 25.136. In accordance with changes proposed above, we propose to
amend this provision to cross-reference Sec. Sec. 25.285 and 25.287,
instead. We also propose to amend this provision to clarify that it
applies specifically to licensees of mobile earth stations.
12. Section 25.218 ``Off-Axis EIRP Envelopes for FSS Earth Station
Operations''
133. Section 25.218 provides for routine licensing of earth
stations that meet specified limits on radiated power spectral density
in directions other than along the transmitting antenna's main-lobe
axis. As recently amended, Sec. 25.218(a) applies to ``all
applications for FSS earth stations operating in the C-band, Ku-band,
or extended Ku-band, except for: (1) ESV and VMES applications, (2)
analog video earth station applications, and (3) [a]pplications for
feeder-link earth stations in the 17/24 GHz BSS.'' It is unnecessary to
explicitly exclude 17/24 GHz BSS feeder-link earth stations, which do
not transmit in the C-band, Ku-band, or extended Ku-band. We therefore
propose to delete Sec. 25.218(a)(3). We also propose to amend Sec.
25.218(a) to add that it applies only to applications for earth
stations that transmit to geostationary space stations, since earth
stations communicating with satellites in non-geostationary orbits are
not eligible for routine processing.
13. Section 25.223 ``Off-Axis EIRP Spectral Density Limits for Feeder-
Link Earth Stations in the 17/24 GHz BSS''
134. Section 25.223 contains rules for licensing earth stations
that transmit to 17/24 GHz BSS space stations based either on
compliance with limits on off-axis radiated spectral density or
coordination with operators of co-frequency geostationary space
stations in the vicinity of the proposed satellite points of
communication. When adopting this rule, the Commission indicated that
it would apply to applications for earth stations that do not conform
to the antenna performance standards in Sec. 25.209 and/or specify
input power density levels in excess of that specified in Sec.
25.212(f). The first sentence in Sec. 25.223, however, says the
opposite. We propose to amend Sec. 25.223(a) to correct this error.
135. Section 25.223 is captioned ``Off-axis EIRP spectral density
limits for feeder-link earth stations in the 17/24 GHz BSS.'' This
caption is inaccurate, as the specified spectral density levels are not
mandatory limits; rather, they comprise an alternative standard for
routine licensing for applications that do not qualify for routine
licensing under Sec. 25.212(f). Furthermore, Sec. 25.223 does not
only prescribe a licensing standard based on off-axis EIRP spectral
density levels; it also prescribes alternative rules for licensing
based on coordination. We propose to amend the caption to read
``Alternative licensing rules for feeder-link earth stations in the 17/
24 GHz BSS,'' which better reflects the scope of the rule.
136. The Commission modeled Sec. 25.223(c) on Sec. 25.138(b). We
propose to change Sec. 25.223(c) to be consistent with the proposed
revisions to Sec. 25.138(b).
14. Sections 25.259 ``Time Sharing Between NOAA Meteorological
Satellite Systems and Non-Voice, Non-Geostationary Satellite Systems in
the 137-138 MHz Band'' and 25.260 ``Time Sharing Between DoD
Meteorological Satellite Systems and Non-Voice, Non-Geostationary
Satellite Systems in the 400.15-401 MHz Band''
137. Sections 25.259 and 25.260 contain time-sharing rules for
commercial NVNG satellite systems operating in frequency bands shared
with meteorological satellite systems operated by Federal agencies.
Each of these rules includes a statement that ``the Commission will not
hesitate to impose sanctions * * * including monetary forfeitures and
license revocations, when appropriate'' on licensees that violate these
rules. We propose to delete these statements. It is not necessary to
restate here that the Commission may impose sanctions for rule
violations. We do not propose any change in enforcement policy in this
regard, however.
III. Other Proposed Changes in Subpart D--Technical Operations
138. Subpart D of Part 25 includes rules governing technical
operations of earth and space stations. As discussed below, we propose
to make several substantive changes to the technical operations
requirements to reflect evolving technology.
1. Section 25.271 ``Control of Transmitting Stations''
139. Commission staff has discovered during emergency and
interference events that contact information for earth station
licensees is often out of date. We seek comment on whether we should
adopt a provision in Sec. 25.271 to require earth station licensees to
maintain up-to-date point-of-contact information, beyond the postal
point-of-contact information required by Sec. 1.5.
2. Section 25.276 ``Points of Communication''
140. Section 25.276(a) states that unless otherwise indicated in
the station authorization, an earth station may transmit to any space
station in the same radio service, provided the space station operator
has permitted such access. We propose to amend this provision to state
explicitly that the space station must be authorized as a point of
communication in the earth station license. This proposed change would
conform the rule to standard limitations on the face of earth station
authorizations and is consistent with Sec. 301 of the Communications
Act.
141. We propose to delete Sec. 25.276(b), which states that space
stations licensed under Part 25 are authorized to provide service to
earth stations located within the specified service area, including
certain coastal waters. This rule is a vestige of the Commission's
former Domsat/Separate Systems policies and is no longer needed.
3. Sections 25.281 ``Automatic Transmitter Identification System
(ATIS)''
142. Section 25.281 requires all satellite uplink transmissions
carrying broadband video information to include a subcarrier signal
that identifies the call sign of the transmitting earth station and
includes contact information. This signal is called the Automatic
Transmitter Identification System signal, or ATIS signal. Transmission
of ATIS signals is intended to facilitate rapid resolution of
interference problems.
143. Some digital broadband video uplink signals are technically
incompatible with the subcarrier signal required by Sec. 25.281(d).
When the Commission adopted Section 25.281, more than twenty years ago,
operators transmitted broadband video signals with analog modulation
techniques. Today, broadband video signals are often transmitted as
encoded and compressed digital data streams using more spectrum-
efficient digital radio frequency signal modulation techniques. The
technical characteristics of the ATIS signal currently specified in
Sec. 25.281 are not well suited to use with broadband video digital
modulation techniques, and could result in inefficient use of spectrum.
We therefore propose to revise Sec. 25.281 to prescribe appropriate
methods of ATIS message transmission for stations transmitting
broadband video with digital techniques.
144. We believe it is important, however, to limit the number of
[[Page 67186]]
different techniques that operators can use to transmit ATIS
information in digitally modulated uplink signals to avoid unduly
burdening satellite network operators that might receive interference
from broadband video uplinks with a need to purchase, operate, and
maintain a variety of different types of ATIS signal receivers. We
therefore seek comment on whether our rules should specify a particular
method or methods for transmitting ATIS information on digitally
modulated broadband video uplink signals, and if so, which method(s) we
should specify. One method used to include ATIS information in
digitally modulated uplinks is to insert the ATIS information into the
Network Information Table of an MPEG transport stream. Another method
is to transmit digital broadband video uplink signals with an
accompanying low-data-rate spread-spectrum signal carrying the ATIS
information. We tentatively propose to allow use of either of these
techniques. We seek comment on whether a grace period after the
effective date of the rules would be needed to allow operators time to
conform to any new ATIS requirements for digitally modulated uplinks
and, if so, the length of time needed.
145. We also invite comment on content requirements for ATIS
signals. Is the information currently required by Sec. 25.281(d)(3)
adequate, or should we require more (or less) information in ATIS
signals included in digitally-modulated uplinks? For example, should we
require the geographic location of the earth station to be included in
the ATIS data transmitted on digitally-modulated uplinks? Should we
require a specific format for the ATIS message, or would it be
sufficient to require the ATIS message to be transmitted in an
unencrypted text format that can be easily decoded and displayed?
146. We also seek comment as to whether ATIS identification should
be required for all types of satellite uplinks, and, if not, which
type(s) should be excepted. The method we are proposing for
transmitting ATIS data on digitally-modulated uplinks with a spread
spectrum signal could be applied to any continuous digitally-modulated
uplink transmission with a symbol rate of at least 128,000 symbols per
second. We seek comment on whether there are other methods of
identification that could be applied to other types of transmissions.
147. Feeder-link signals for DBS and 17/24 GHz BSS systems are
usually transmitted using very large earth station antennas, nine
meters or more in diameter. These large antennas are almost always
installed, pointed, and calibrated by skilled technical personnel
performing multiple quality-control checks. Once set up, their
operating parameters change infrequently. They are thus unlikely to be
a source of interference to other satellite communication systems. We
therefore invite comment on revising Sec. 25.281 to exclude DBS and
17/24 GHz BSS feeder-link transmissions from the ATIS requirement.
J. Additional Technical Changes
148. We seek comment on whether there are technical rules or
technical practices developed by other countries that might further the
Commission's policy objectives and might be incorporated in Part 25.
Commenters advocating adopting a rule or practice used by another
country should provide specific text for any proposed rule, together
with a supporting technical analysis.
IV. Regulatory Impact Conclusion
149. We tentatively conclude that the benefits of the changes
proposed in this NPRM would outweigh any resultant costs and that the
changes would reduce net costs, on average, for applicants and
licensees. We invite comment on these conclusions.
V. Procedural Matters
A. Ex Parte
150. The proceeding this NPRM initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
B. Initial Regulatory Flexibility Act
151. As required by the Regulatory Flexibility Act of 1980, as
amended, the Commission has prepared an Initial Regulatory Flexibility
Analysis (IRFA) for this NPRM, of the possible significant economic
impact on small entities of the policies and rules addressed in this
document. The IRFA is set forth as Appendix B. Written public comments
are requested on this IRFA. Comments must be identified as responses to
the IRFA and must be filed by the deadlines for comments on the NPRM
provided on or before the dates indicated on the first page of this
NPRM. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings unless the agency certifies that ``the rule will
not have a significant economic impact on a substantial number of small
entities.'' The RFA generally defines the term ``small entity'' as
referring to any ``small business,'' ``small organization,'' or ``small
governmental jurisdiction.'' The term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' ``Small governmental jurisdiction'' generally
means governments of cities, counties, towns, townships, villages,
school districts, or special districts, with a population of less than
50,000.
[[Page 67187]]
C. Initial Paperwork Reduction
152. This document contains proposed new and modified information
collection requirements. It also proposes to eliminate a number of
existing information collection requirements. The Commission, as part
of its continuing effort to reduce paperwork burdens, invites the
general public and OMB to comment on the information collection
requirements contained in this document, as required by PRA. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
we seek specific comment on how we might ``further reduce the
information collection burden for small business concerns with fewer
than 25 employees.''
D. Filing of Comments and Reply Comments
153. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. When filing comments or reply comments, please reference
IB Docket No. 12-267. Comments may be filed using: (1) The Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers
should follow the instructions provided on the Web site for submitting
comments.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington DC 20554.
People With Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice) or
202-418-0432 (TTY). Contact the FCC to request reasonable
accommodations for filing comments (accessible format documents, sign
language interpreters, CART, etc.) by email at: [email protected]; phone:
202-418-0530 or TTY: 202-418-0432.
VI. Ordering Clauses
154. Accordingly, it is ordered, pursuant to sections 4(i), 7(a),
11, 303(c), 303(f), 303(g), and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f),
303(g), 303(r), that this NPRM in IB Docket No. 12-267 is adopted.
155. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center shall send a
copy of this NPRM, including the initial regulatory flexibility act
analysis, to the Chief Counsel for Advocacy of the Small Business
Administration, in accordance with section 603(a) of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. (1981).
List of Subjects in 47 CFR Part 25
Communications common carriers, Communications equipment, Radio,
Reporting and recordkeeping requirements, Satellites,
Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
1. The authority citation for part 25 is revised to read as
follows:
Authority: Interprets or applies sections 4, 301, 302, 303, 307,
309, 319, 332, and 705 of the Communications Act, as amended, 47
U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, and 705 unless
otherwise noted.
2. Revise Sec. 25.103 to read as follows:
Sec. 25.103 Definitions.
Terms with definitions including the ``(RR)'' designation are
defined in the same way in Sec. 2.1 of this chapter and in the Radio
Regulations of the International Telecommunication Union.
1.5/1.6 GHz Mobile-Satellite Service. Mobile-Satellite Service
provided in any portions of the 1525-1559 MHz space-to-Earth band and
the 1626.5-1660.5 MHz Earth-to-space band, which are referred to in
this rule part as the ``1.5/1.6 GHz MSS bands.''
1.6/2.4 GHz Mobile-Satellite Service. A Mobile-Satellite Service
that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz bands, or in
any portion thereof.
2 GHz Mobile-Satellite Service. A Mobile-Satellite Service that
operates in the 2000-2020 MHz and 2180-2200 MHz bands, or in any
portion thereof.
12/14 GHz bands. The 11.7-12.2 GHz Fixed-Satellite Service space-
to-Earth band and the 14.0-14.5 GHz Fixed-Satellite Service Earth-to-
space band.
17/24 GHz Broadcasting-Satellite Service. A radio-communication
service using geostationary satellites between one or more feeder-link
earth stations and other earth stations, in the 17.3-17.7 GHz (space-
to-Earth) (domestic allocation), 17.3-17.8 GHz (international
allocation) and 24.75-25.25 GHz bands. This service is also known as
``17/24 GHz BSS.'' For purposes of the application processing
provisions of this part, the 17/24 GHz BSS is a GSO-like service. For
purposes of the technical requirements of this part, we will treat the
17/24 GHz BSS as if it were FSS. Unless specifically stated otherwise,
the 17/24 GHz BSS systems are subject to the rules in this part
applicable to FSS.
20/30 GHz Bands. The 18.3-20.2 GHz frequency range, which is
allocated for Fixed-Satellite Service (FSS) space-to-Earth
transmission, and the 28.35-30.0 GHz frequency range, which is
allocated for FSS Earth-to-space transmission.
Ancillary Terrestrial Component (ATC). A terrestrial communications
network used in conjunction with a qualifying satellite network system
authorized pursuant to these rules and the conditions established in
the Orders issued in IB Docket No. 01-185, Flexibility for Delivery of
Communications by Mobile-Satellite Service Providers in the 2 GHz Band,
the L-Band, and the 1.6/2.4 GHz Band.
[[Page 67188]]
Ancillary Terrestrial Component (ATC) base station. A terrestrial
fixed facility used to transmit communications to or receive
communications from one or more ancillary terrestrial component mobile
terminals.
Ancillary Terrestrial Component (ATC) Mobile Terminal. A
terrestrial mobile facility used to transmit communications to or
receive communications from an ancillary terrestrial component base
station or a space station.
C-band. For purposes of this part, the terms ``C-band'' and
``conventional C-band'' refer specifically to the 3700-4200 MHz space-
to-Earth and 5925-6425 MHz Earth-to-space bands. These paired bands are
allocated to the Fixed-Satellite Service and are also referred to as
the 4/6 GHz bands.
Coordination Distance. When determining the need for coordination,
the distance on a given azimuth from an earth station sharing the same
frequency band with terrestrial stations, or from a transmitting earth
station sharing the same bi-directionally allocated frequency band with
receiving earth stations, beyond which the level of permissible
interference will not be exceeded and coordination is therefore not
required. (RR)
Direct Broadcast Satellite Service. A radio-communication service
in which signals transmitted or retransmitted by Broadcasting-Satellite
Service space stations in the 12.2-12.7 GHz band are intended for
direct reception by subscribers or the general public. For the purposes
of this definition, the term direct reception includes individual
reception and community reception.
Earth station. A station located either on the Earth's surface or
within the major portion of the Earth's atmosphere intended for
communication:
(1) With one or more space stations; or
(2) With one or more stations of the same kind by means of one or
more reflecting satellites or other objects in space. (RR)
Earth Station on Vessel (ESV). An earth station onboard a craft
designed for traveling on water receiving from and transmitting to
Fixed-Satellite Service space stations.
Emergency Call Center. A facility that subscribers of satellite
commercial mobile radio services call when in need of emergency
assistance by dialing ``911'' on their mobile earth station terminals.
Equivalent Power Flux-Density (EPFD). The sum of the power flux-
densities produced at a geostationary orbit (GSO) receive earth or
space station on the Earth's surface or in the geostationary orbit, as
appropriate, by all the transmit stations within a non-geostationary
orbit Fixed-Satellite Service (NGSO FSS) system, taking into account
the off-axis discrimination of a reference receiving antenna assumed to
be pointing in its nominal direction. The equivalent power flux
density, in dB(W/m\2\) in the reference bandwidth, is calculated using
the following formula:
[GRAPHIC] [TIFF OMITTED] TP08NO12.043
Where:
Na is the number of transmit stations in the non-
geostationary orbit system that are visible from the GSO receive
station considered on the Earth's surface or in the geostationary
orbit, as appropriate;
i is the index of the transmit station considered in the non-
geostationary orbit system;
Pi is the RF power at the input of the antenna of the transmit
station, considered in the non-geostationary orbit system in dBW in
the reference bandwidth;
[thgr]i is the off-axis angle between the bore sight of the transmit
station considered in the non-geostationary orbit system and the
direction of the GSO receive station;
Gt([thgr]i) is the transmit antenna gain (as a ratio) of
the station considered in the non-geostationary orbit system in the
direction of the GSO receive station;
d i is the distance in meters between the transmit station
considered in the non-geostationary orbit system and the GSO receive
station;
[phiv]i is the off-axis angle between the bore sight of the antenna
of the GSO receive station and the direction of the ith transmit
station considered in the non-geostationary orbit system;
G r([phiv]i) is the receive antenna gain (as a ratio) of the GSO
receive station in the direction of the ith transmit station
considered in the non-geostationary orbit system;
G r, max is the maximum gain (as a ratio) of the antenna of the GSO
receive station.
Feeder Link. A radio link from a fixed earth station at a given
location to a space station, or vice versa, conveying information for a
space radio-communication service other than the Fixed-Satellite
Service. The given location may be at a specified fixed point or at any
fixed point within specified areas. (RR)
Fixed Earth Station. An earth station intended to be used at a
fixed position. The position may be a specified fixed point or any
fixed point within a specified area.
Fixed-Satellite Service. A radio-communication service between
earth stations at given positions, when one or more satellites are
used; the given position may be a specified fixed point or any fixed
point within specified areas; in some cases this service includes
satellite-to-satellite links, which may also be operated in the inter-
satellite service; the Fixed-Satellite Service may also include feeder
links of other space radio-communication services. (RR)
Geostationary Satellite. A geosynchronous satellite whose circular
and direct orbit lies in the plane of the Earth's equator and which
thus remains fixed relative to the Earth; by extension, a
geosynchronous satellite which remains approximately fixed relative to
the Earth. (RR)
Inter-Satellite Service. A radio-communication service providing
links between artificial earth satellites.
Ka-band Permitted Space Station List. A list of all U.S.-licensed
geostationary-orbit space stations providing Fixed-Satellite Service in
the 20/30 GHz bands, as well as those non-U.S.-licensed geostationary-
orbit space stations approved for U.S. market access to provide Fixed-
Satellite Service in the 20/30 GHz-bands. Applicants for Fixed-
Satellite Service earth stations that qualify for routine processing in
the 20/30 GHz bands may designate the Ka-band Permitted Space Station
List as a point of communication. Once such an application is granted,
the earth station operator may communicate with any space station on
the Ka-band Permitted Space Station List, provided that the
communications fall within the technical parameters and conditions
established in the earth station license and any limitations placed on
the space station authorization or noted in the Ka-band Permitted Space
Station List. The earth station operator may not communicate with a
space station on the list in the 18.3-18.8 GHz or 19.7-20.2 GHz band
until the space station
[[Page 67189]]
operator has completed coordination under Footnote US334 to Sec.
2.106.
Ku-band. In this rule part, the terms ``Ku-band'' and
``conventional Ku-band'' refer specifically to the 11700-12200 MHz
space-to-Earth and 14000-14500 MHz Earth-to-space bands. These paired
bands are allocated to the Fixed-Satellite Service and are also
referred to as the 12/14 GHz bands.
Land Earth Station. An earth station in the Fixed-Satellite Service
or, in some cases, in the Mobile-Satellite Service, located at a
specified fixed point or within a specified area on land to provide a
feeder link for the Mobile-Satellite Service. (RR)
Land Mobile Earth Station. A mobile earth station in the land
mobile-satellite service capable of surface movement within the
geographical limits of a country or continent. (RR)
Mobile Earth Station. An earth station in the Mobile-Satellite
Service intended to be used while in motion or during halts at
unspecified points. (RR)
Mobile-Satellite Service. A radio-communication service:
(1) Between mobile earth stations and one or more space stations,
or between space stations used by this service; or
(2) Between mobile earth stations, by means of one or more space
stations.
This service may also include feeder links necessary for its
operation. (RR)
NGSO FSS Gateway Earth Station. An earth station complex consisting
of multiple interconnecting earth station antennas supporting the
communication routing and switching functions of a non-geostationary
orbit Fixed-Satellite Service (NGSO FSS) system as a whole. A gateway
earth station in the NGSO FSS:
(1) Does not originate or terminate radio-communication traffic,
but interconnects multiple non-collocated user earth stations operating
in frequency bands other than designated gateway bands, through a
satellite with other primary terrestrial networks, such as the public
switched telephone network (PSTN) and/or Internet networks.
(2) Is not for the exclusive use of any customer.
(3) May also be used for telemetry, tracking, and command
transmissions for the same NGSO FSS system.
(4) May include multiple antennas, each required to meet the
antenna performance standard in Sec. 25.209(h), located within an area
of one second latitude by one second longitude. Additional antennas
located outside such area will be considered as a separate gateway
earth station complex for purposes of coordination with terrestrial
services.
Non-Voice, Non-Geostationary (NVNG) Mobile-Satellite Service. A
Mobile-Satellite Service reserved for use by non-geostationary
satellites in the provision of non-voice communications which may
include satellite links between land earth stations at fixed locations.
Permitted Space Station List. A list of all U.S.-licensed
geostationary-orbit space stations providing Fixed-Satellite Service in
the conventional C- and Ku-bands, as well as non-U.S.-licensed
geostationary-orbit space stations approved for U.S. market access to
provide Fixed-Satellite Service in the conventional C- and Ku-bands.
Applicants for Fixed-Satellite Service earth stations that qualify for
routine processing in the conventional C- and Ku-bands may designate
the Permitted Space Station List as a point of communication. Once such
an application is granted, the earth station may communicate with any
space station on the Permitted Space Station List, provided that the
communications fall within the technical parameters and conditions in
the earth station license and any limitations placed on the space
station authorization or noted on the Permitted Space Station List.
Power Spectral Density (PSD). The amount of an emission's
transmitted carrier power applied at the antenna input falling within
the stated bandwidth. The units of power spectral density are watts per
hertz and are generally expressed in decibel form as dB(W/Hz) when
measured in a 1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz
bandwidth, or dB(W/1MHz) when measured in a 1 MHz bandwidth.
Protection Areas. The geographic regions on the surface of the
Earth where U.S. Department of Defense (DoD) meteorological satellite
systems or National Oceanic and Atmospheric Administration (NOAA)
meteorological satellite systems, or both such systems, are receiving
signals from low earth orbiting satellites. Also, geographic protection
areas around Ka-band feeder-link earth stations in the 1.6/2.4 GHz
Mobile-Satellite Service are determined in the manner specified in
Sec. 25.203(j).
Radiodetermination-Satellite Service. A radio-communication service
for the purpose of radio determination involving the use of one of more
space stations. This service may also include feeder links necessary
for its own operation. (RR)
Routine Processing or Licensing. Expedited processing of unopposed
applications for Fixed-Satellite Service earth stations communicating
via geostationary satellites that satisfy the criteria in Sec. Sec.
25.134(a), 25.134 (g), 25.138(a), 25.211(d), 25.212(c), 25.212(d),
25.212(f), 25.218, or 25.223(b), include all required information, are
consistent with all Commission rules, and do not raise any policy
issues. Some, but not all, routine earth station applications are
eligible for an autogrant procedure under Sec. 25.115(a)(4).
Satellite Digital Audio Radio Service (SDARS). A radio-
communication service in which audio programming is digitally
transmitted by one or more space stations directly to fixed, mobile,
and/or portable stations, and which may involve complementary repeating
terrestrial transmitters, telemetry, tracking and control facilities.
Satellite system. A space system using one or more artificial earth
satellites. (RR)
Selected assignment. A spectrum assignment voluntarily identified
by a 2 GHz MSS licensee at the time that the licensee's first 2 GHz
Mobile-Satellite Service satellite reaches its intended orbit.
Shapeable Antenna Beam. A satellite transmit or receive antenna
beam, the gain and/or gain pattern of which can be modified at any
time.
Spacecraft. A man-made vehicle which is intended to go beyond the
major portion of the Earth's atmosphere. (RR)
Space Radio-Communication. Any radio-communication involving the
use of one or more space stations or the use of one or more reflecting
satellites or other objects in space.
Space Station. A station located on an object which is beyond, is
intended to go beyond, or has been beyond, the major portion of the
Earth's atmosphere. (RR)
Space System. Any group of cooperating earth stations and/or space
stations employing space radio-communication for specific purposes.
(RR)
Terrestrial Station. A station effecting terrestrial radio-
communication.
Vehicle-Mounted Earth Station (VMES). An earth station, operating
from a motorized vehicle that travels primarily on land, that receives
from and transmits to geostationary orbit Fixed-Satellite Service space
stations and operates within the United States pursuant to the
requirements set out in Sec. 25.226.
3. In Sec. 25.111, revise the section heading and paragraph (b),
and add paragraph (d) to read as follows:
Sec. 25.111 Additional information and ITU cost recovery.
* * * * *
[[Page 67190]]
(b) Applicants and licensees of radio stations governed by this
part must provide the Commission with the information required for
Advance Publication, Coordination, and Notification of frequency
assignment filings pursuant to the ITU Radio Regulations (RR) including
due diligence information. No protection from interference caused by
radio stations authorized by other Administrations is guaranteed unless
coordination procedures are timely completed or, with respect to
individual administrations, coordination agreements are successfully
completed. A license for which such coordination has not been completed
may be subject to additional terms and conditions required for
coordination of the frequency assignments with other Administrations.
* * * * *
(d) The Commission will submit the information required by
paragraphs (b) or (c) of this section to the ITU only after the party
in interest has submitted a signed declaration that it unconditionally
accepts all consequent ITU cost-recovery responsibility. The
declaration must be electronically filed in the ``Other Filings'' tab
of the pertinent application file in the IBFS database, and a paper
copy must be mailed to the International Bureau, Satellite Division.
The filing must reference the pertinent call sign and international
satellite name and include the name(s), address(es), email address(es),
and telephone and fax number(s) of a contact person, or persons,
responsible for cost recovery inquiries and ITU correspondence and
filings. Supplements must be filed as necessary to apprise the
Commission of changes in the contact information. The party in interest
must remit payment of any resultant cost-recovery fee to the ITU by the
due date specified in the pertinent ITU invoice. A license granted in
reliance on such a commitment and disposition of any pending or future
Part 25 application from the same party will be contingent upon
discharge of any such payment obligation.
4. In Sec. 25.112, add paragraph (a)(4) to read as follows:
Sec. 25.112 Defective applications.
(a) * * *
(4) The application is identical to a pending application that was
timely filed pursuant to Sec. Sec. 25.157 or 25.158 of this chapter.
* * * * *
5. In Sec. 25.113, revise the section heading and paragraphs (a)
and (b), remove and reserve paragraphs (c) through (e), and revise
paragraphs (f) and (h) to read as follows:
Sec. 25.113 Provisions pertaining to station construction, launch
authority, and operation of spare satellites.
(a) Construction permits are not required for earth stations.
Construction of such stations may commence prior to grant of an earth
station license at the applicant's own risk, subject to the
requirements of Sec. 1.1312 and Part 17 of this chapter concerning
environmental processing and construction, marking, and lighting of
antenna structures.
(b) Construction permits are not required for Ancillary Terrestrial
Component (ATC) stations. A party with licenses issued under this part
for launch and operation of 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-
Satellite Service space stations and operation of associated ATC
facilities may commence construction of ATC base stations at its own
risk after commencing physical construction of the space stations,
subject to the requirements of Sec. 1.1312 and Part 17 of this
chapter. Such an MSS/ATC licensee may also conduct equipment tests for
the purpose of making adjustments and measurements necessary to ensure
compliance with the terms of its ATC license, applicable rules in this
Part, and technical design requirements. Prior to commencing such
construction and pre-operational testing, an MSS/ATC licensee must
notify the Commission of the commencement of physical satellite
construction and the licensee's intention to construct and test ATC
facilities. This notification must be filed electronically in the
appropriate file in the International Bureau Filing System database.
The notification must specify the frequencies the licensee proposes to
use for pre-operational testing and the name, address, and telephone
number of a representative for the reporting and mitigation of any
interference resulting from such testing. MSS/ATC licensees engaging in
pre-operational testing must comply with Sec. Sec. 5.83, 5.85(c),
5.111, and 5.117 of this chapter regarding experimental operations. An
MSS/ATC licensee may not offer ATC service to the public for
compensation during pre-operational testing.
(c)-(e) [Reserved]
(f) Construction permits are not required for U.S.-licensed space
stations, except for stations that the applicant proposes to operate to
disseminate program content to be received by the public at large,
rather than only by subscribers. Construction of a station for which a
construction permit is not required may commence, at the applicant's
own risk, prior to grant of a license. Before commencing pre-grant
construction, however, an applicant must notify the Commission in
writing that it plans to begin construction at its own risk.
* * * * *
(h) Licensees of Non-Geostationary Satellite Orbit (NGSO) satellite
systems need not file separate applications to operate technically
identical in-orbit spares authorized as part of a blanket license
pursuant to Sec. 25.114(e) or any other satellite blanket licensing
provision in this part. However, the licensee must notify the
Commission within 10 days of bringing the in-orbit spare into operation
and certify that operation of this space station did not cause the
licensee to exceed the total number of operating space stations
authorized by the Commission and that the licensee will operate the
space station within the applicable terms and conditions of its
license.
6. In Sec. 25.114, remove paragraph (e) and revise paragraphs (a),
(c)(4) through (c)(13), (d)(1) through (d)(5), (d)(7), (d)(10),
(d)(11), and (d)(13) to read as follows:
Sec. 25.114 Applications for space station authorizations.
(a) A comprehensive proposal must be submitted for each proposed
GSO space station or NGSO satellite constellation on FCC Form 312, Main
Form and Schedule S, together with attached exhibits as described in
paragraph (d) of this section. An application for blanket authority for
an NGSO satellite constellation comprised of space stations that are
not all technically identical must provide the information required by
paragraphs (c) and (d) of this section for each type of space station
in the constellation.
* * * * *
(c) * * *
(4)(i) For each space station transmitting and receiving antenna
beam (including telemetry and tracking beams but not command beams),
specify channel center frequencies and bandwidths and polarization
plan. For command beams, specify the center frequencies within a 5 MHz
range or a range of 2 percent of the channel bandwidth, whichever is
smaller, and the polarization plan. If the space station can vary
channel bandwidth in a particular frequency band with on-board
processing, specify only the range of frequencies in that band over
which the beam can operate and the polarization plan.
(ii) Specify peak antenna gain, maximum EIRP, and maximum EIRP
density for each space station transmitting antenna beam. If the
[[Page 67191]]
satellite uses shapeable antenna beams, as defined in Sec. 25.103,
specify instead peak antenna gain, maximum possible EIRP, and maximum
possible EIRP density within each shapeable beam's proposed coverage
area. Provide this information for each frequency band in which the
transmitting antenna would operate. In all cases, specify EIRP density
in dBW/Hz. If the EIRP density varies over time, specify the maximum
possible EIRP density.
(iii)-(iv) [Reserved]
(v) For each space station receiving beam other than command beams,
specify the peak antenna gain and the gain-to-temperature ratio at beam
peak. For receiving beams fed into transponders, also specify the
minimum and maximum saturation flux density at beam peak. If the
satellite uses shapeable beams, specify the peak antenna gain and
minimum and maximum gain-to-temperature ratio within each shapeable
beam's proposed coverage area, and for shapeable receiving beams fed
into transponders, specify the minimum and maximum saturation power
flux density within the 0 dB antenna gain isoline. Provide this
information for each frequency band in which the receiving beam can
operate. For command beams, indicate frequencies within a 5 MHz range
or a range of 2 percent of the allocated bandwidth, whichever is
smaller, and specify the required minimum uplink power flux density;
(vi) Specify predicted space station antenna gain contour(s) for
each transmit and receive antenna beam and geostationary orbital
location or non-geostationary orbit requested, except for beams where
the contour at 8 dB below peak falls entirely beyond the edge of the
visible Earth. These contour(s) should be plotted on an area map at 2
dB intervals down to 10 dB below the peak gain and at 5 dB intervals
between 10 dB and 20 dB below the peak gain. Applications for
geostationary orbit satellites must present this information in a GIMS-
readable format. For satellites with shapeable antenna beams, provide
the contours, as defined above, for the transmitting beam configuration
that results in the highest EIRP density for the beams listed in
paragraph (c)(4)(ii) of this section and for the receiving beam
configuration with the smallest gain-to-temperature ratio and the
highest required saturation power flux density for the beams listed in
paragraph (c)(4)(v) of this section. If the shapeable beams are also
steerable, include the contours that would result from moving the beam
peak around the limit of the effective beam peak area and the 0 dB
antenna gain isoline. The proposed maximum coverage area must be
clearly specified by the applicant;
(5) For space stations in geostationary orbit:
(i) Orbital location requested,
(ii) [Reserved]
(iii) East-west station-keeping range,
(iv) North-south station-keeping range, and
(v) Accuracy to which antenna axis attitude will be maintained;
(6) For space stations in non-geostationary orbits:
(i) The number of space stations and the number of orbital planes,
(ii) The inclination of the orbital plane(s),
(iii) The orbital period,
(iv) The apogee,
(v) The perigee,
(vi) The argument(s) of perigee,
(vii) Active service arc(s),
(viii) Right ascension of the ascending node(s), and
(ix) For each satellite in each orbital plane, the initial phase
angle at the reference time;
(7) The frequency bands, types of services, and the coverage areas;
(8) Calculated maximum power flux density levels within each
coverage area and energy dispersal bandwidths, if any, needed for
compliance with Sec. 25.208, for angles of arrival of 5[deg], 10[deg],
15[deg], 20[deg], and 25[deg] above the horizontal;
(9) [Reserved]
(10) Estimated operational lifetime;
(11) Whether the space station is to be operated on a common
carrier basis;
(12) [Reserved]
(13) The polarization information for determining compliance with
Sec. 25.210(a)(1), (a)(3), and (i);
* * * * *
(d) * * *
(1) Overall description of system facilities, operations and
services and explanation of how uplink frequency bands can be connected
to downlink frequency bands;
(2) [Reserved]
(3) For satellites with large numbers of identical fixed spot
beams, other than DBS satellites, applicants may, as an alternative to
submitting the information described in paragraph (c)(4)(vi) above with
respect to these beams, provide the predicted antenna gain pattern for
one transmit and receive antenna beam, along with one of the following:
(i) A map showing all of the spot beams depicted on the surface of
the Earth;
(ii) A table identifying the beam boresight locations in latitude
and longitude to the nearest 0.1 degree; or
(iii) A map of the isolines formed by combining some or all of the
spot beams into one composite beam;
(4) [Reserved]
(5) Calculation of maximum power flux density levels within each
coverage area and of the energy dispersal, if any, needed for
compliance with Sec. 25.208, for angles of arrival other than 5[deg],
10[deg], 15[deg], 20[deg], and 25[deg] above the horizontal;
* * * * *
(7) Applicants for authorizations for space stations in the Fixed-
Satellite Service must also include the information specified in Sec.
25.140(b)(2) of this part. Applicants for authorizations for space
stations in the 17/24 GHz Broadcasting-Satellite Service must also
include the information specified in Sec. 25.140(b)(3), (b)(4),
(b)(5), or (b)(6) of this part;
* * * * *
(10) Applications for space station authorizations in the 1.6/2.4
GHz Mobile-Satellite Service must also provide all information required
by Sec. 25.143(b);
(11) Applications for space stations in the Direct Broadcast
Satellite Service must include a clear and detailed statement of
whether the space station is to be operated on a broadcast or non-
broadcast basis;
* * * * *
(13) For satellite applications in the Direct Broadcast Satellite
Service, if the proposed system's technical characteristics differ from
those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A of the
ITU Radio Regulations, each applicant must provide:
(i) The information requested in Appendix 4 of the ITU Radio
Regulations. Further, applicants must provide sufficient technical
showing that the proposed system could operate satisfactorily if all
assignments in the BSS and feeder link Plans were implemented.
(ii) Analyses of the proposed system with respect to the limits in
Annex 1 to Appendices 30 and 30A of the ITU Radio Regulations;
* * * * *
7. In Sec. 25.115, revise paragraphs (a)(2), (a)(3), (d), and (e)
and add paragraph (j) to read as follows:
Sec. 25.115 Application for earth station authorizations.
(a) * * *
(2) Applicants for licenses for transmitting earth stations in the
Fixed-Satellite Service may file on Form 312EZ if all of the following
criteria are met:
(i) The application is for a single station with only one
transmitting antenna;
[[Page 67192]]
(ii) The earth station will transmit in the 5925-6425 MHz band, the
14.0-14.5 GHz band, or the 28.35-28.6 GHz and/or 29.25-30.0 GHz band;
(iii) The earth station will not be installed in ships, aircraft,
or other moving vehicles and operated while the vehicles are in motion;
(iv) The equivalent diameter of the proposed antenna is 4.5 meters
or greater if the station will transmit in the 5925-6425 MHz band or
1.2 meters or greater if the station will transmit in the 14.0-14.5 GHz
band;
(v) If the station will transmit in the 5925-6425 MHz band or the
14.0-14.5 GHz band, the performance of the proposed antenna comports
with the standards in Sec. 25.209(a) and (b) and is verified in
accordance with applicable provisions of Sec. 25.132;
(vi) If the station will transmit in the 5925-6425 MHz band or the
14.0-14.5 GHz band, input power to the antenna will not exceed
applicable limits specified in Sec. Sec. 25.211 and 25.212; if the
station will transmit in the 28.35-28.6 GHz and/or 29.25-30.0 GHz band,
off-axis EIRP density will not exceed the levels specified in Sec.
25.138(a);
(vii) Operation of the proposed station has been successfully
coordinated with terrestrial systems, if the station would transmit in
the 5925-6425 MHz band;
(viii) The applicant has provided an environmental impact statement
pursuant to Sec. 1.1311 of the Commission's rules, if required; and
(ix) The applicant does not propose to communicate via non-U.S.-
licensed satellites not on the Permitted List.
(3) Unless the Commission orders otherwise, an application filed on
Form 312EZ in accordance with paragraph (a)(2) of this section will be
deemed granted 35 days after the date of the public notice that the
application has been accepted for filing, provided no objection is
filed during the 30-day notice period.
* * * * *
(d) Mobile-Satellite Service user transceivers need not be
individually licensed. Service vendors may file blanket applications
for such transceivers using FCC Form 312, Main Form and Schedule B,
specifying the number of units to be covered by the blanket license. A
blanket license application for 1.5/1.6 GHz MSS user transceivers must
include an explanation of how the applicant will comply with the
priority and preemptive access requirements in Sec. 25.287 of this
chapter.
(e) Earth stations operating in the Fixed-Satellite Service in the
20/30 GHz band: License applications for Fixed-Satellite Service earth
stations that would communicate via geostationary satellites in the
18.3-20.2 GHz and 28.35-30.0 GHz bands must include the information
required by Sec. 25.138. Such earth stations may be licensed on a
blanket basis. An application for a blanket license for such earth
stations must specify the number of terminals to be covered by the
license.
* * * * *
(j) An application for a new fixed earth station or modification
involving alteration of the overall height of one or more existing
earth station antenna structures must include the FCC Antenna Structure
Registration Number(s) for the antenna structure(s), if assigned. If no
such number has been assigned, the application must state whether prior
FAA notification is required by Part 17 of this chapter and, if so,
whether the applicant or owner of the structure has notified the FAA of
the proposed construction or alteration and applied for an Antenna
Structure Registration Number in accordance with Part 17. Applicants
who maintain that prior FAA notification is not required for
construction or alteration of a structure with overall height more than
6.1 meters above ground level must explain in the application why such
prior notification is not required.
8. In Sec. 25.118, revise paragraphs (a)(2)(i), (e)(5) and (e)(8)
to read as follows:
Sec. 25.118 Modifications not requiring prior authorization.
(a) * * *
(2) * * *
(i) The added, changed, or replaced facilities conform to any
applicable requirements in Sec. 25.209;
* * * * *
(e) * * *
(5) The space station licensee certifies that it has completed any
necessary coordination of its space station at the new location with
other potentially affected space station operators, including
coordination of station-keeping volume.
* * * * *
(8) A DBS space station licensee must certify that there will be no
increase in interference due to the operations of the relocated space
station that would require the Commission to submit a proposed
modification to the ITU Appendix 30 Broadcasting-Satellite Service
(``BSS'') Plan and/or the Appendix 30A feeder link Plan to the ITU
Radio-communication Bureau.
* * * * *
9. In Sec. 25.121, revise paragraph (d) to read as follows:
Sec. 25.121 License term and renewals.
* * * * *
(d) Space stations. (1) For geostationary-orbit space stations, the
license term will begin at 3 a.m. Eastern Time on the date when the
licensee certifies pursuant to Sec. 25.173(b) of this chapter that the
space station has been successfully placed into orbit at its assigned
orbital location and that its operations fully conform to the terms and
conditions of the space station authorization.
(2) For non-geostationary orbit space stations, the license period
will begin at 3 a.m. Eastern Time on the date when the licensee
certifies pursuant to Sec. 25.173(b) that operation of an initial
space station in its authorized orbit is fully compliant with the
license terms and conditions. Operating authority for all space
stations subsequently launched pursuant to the license will terminate
upon expiration of the license.
* * * * *
10. In Sec. 25.129, revise paragraph (c) to read as follows:
Sec. 25.129 Equipment authorization for portable earth-station
transceivers.
* * * * *
(c) In addition to the information required by Sec. 1.1307(b) and
Sec. 2.1033(c) of this chapter, applicants for certification required
by this section must submit any additional equipment test data
necessary to demonstrate compliance with pertinent standards for
transmitter performance prescribed in Sec. Sec. 25.138, 25.202(f),
25.204, 25.209, and 25.216, must submit the statements required by
Sec. 2.1093(c) of this chapter, and must demonstrate compliance with
the labeling requirement in Sec. 25.285(b).
* * * * *
11. In Sec. 25.130, remove and reserve paragraph (e) and add
paragraph (g) to read as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
* * * * *
(e) [Reserved]
* * * * *
(g) Parties may apply for a single earth station license covering
operation of multiple fixed antennas transmitting in frequency bands
shared with terrestrial services on a co-primary basis if the proposed
antennas will all be sited within an area bounded by one second of
latitude and one second of longitude. Parties may apply for a single
earth station license covering operation of multiple fixed antennas
transmitting in frequency bands not shared with terrestrial services if
the proposed antennas will all be sited within an area
[[Page 67193]]
bounded by 10 seconds of latitude and 10 seconds of longitude. These
restrictions do not apply to network applications filed pursuant to
Sec. 25.134, blanket applications for 20/30 GHz earth stations, or
blanket applications filed pursuant to Sec. Sec. 25.221, 25.222, or
25.226 of this chapter.
12. In Sec. 25.131, revise the section heading, paragraph (b), and
paragraph (j)(2) to read as follows:
Sec. 25.131 Filing requirements and registration for receive-only
earth stations.
* * * * *
(b) Receive-only earth stations in the Fixed-Satellite Service that
operate with U.S.-licensed satellites, or that operate with non-U.S.-
licensed satellites on the Permitted Space Station List in accordance
with paragraph (j) of this section, may be registered with the
Commission in order to protect them from interference from terrestrial
microwave stations in bands shared co-equally with the Fixed Service in
accordance with the procedures of Sec. Sec. 25.203 and 25.251, subject
to the stricture in Sec. 25.209(e).
* * * * *
(j) * * *
(2) Operators of receive-only earth stations used to receive
transmissions from non-U.S.-licensed space stations on the Permitted
Space Station List need not file for licenses, provided that the space
station operator and earth station operator comply with all applicable
rules in this chapter and with the applicable conditions in the
Permitted Space Station List.
13. In Sec. 25.132, revise paragraphs (a)(1), (a)(2), (b)(3), and
the first sentence of paragraph (d) to read as follows:
Sec. 25.132 Verification of earth station antenna performance
standards.
(a) (1) Except for applications for 20/30 GHz earth stations
subject to Sec. 25.138 of this chapter and applications subject to the
requirement in paragraph (b)(3) of this section, applications for
transmitting earth stations in the Fixed-Satellite Service, including
feeder-link stations, must include a certification that the applicant
has reviewed the results of a series of radiation pattern tests
performed by the antenna manufacturer on representative equipment in
representative configurations, and either the test results demonstrate
that the equipment meets the performance standards in Sec. 25.209, or
the tested antenna performance, taking into account the applicant's
proposed antenna input power spectral density levels, is consistent
with either applicable off-axis EIRP density standards in Part 25 or
with coordinated off-axis EIRP density limits. The licensee must be
prepared to submit the antenna radiation pattern measurements to the
Commission on request.
(2) Applicants for transmitting earth stations communicating with
geostationary-orbit space stations in the 20/30 GHz band must provide
the antenna measurements specified in Sec. 25.138(d) and (e).
(b) * * *
(3) Except as provided in paragraph (d) of this section, applicants
seeking authority to operate a Fixed-Satellite Service earth station
pursuant to the requirements in Sec. Sec. 25.218, 25.220, 25.221,
25.222, 25.223 or 25.226, must submit a copy of the manufacturer's
range test plots of the antenna gain patterns specified in paragraph
(b)(1) of this section.
* * * * *
(d) For each new or modified transmitting antenna over 3 meters in
diameter, except antennas subject to measurement under Sec. 25.138(d)
of this chapter, the following on-site verification measurements must
be completed at one frequency on an available transponder in each
frequency band of interest and submitted to the Commission. * * *
* * * * *
14. In Sec. 25.133, revise the first sentences of paragraphs
(a)(1) and (a)(2), paragraph (b)(1) introductory text, and paragraph
(b)(1)(v) to read as follows:
Sec. 25.133 Period of construction; certification of commencement of
operation.
(a)(1) Each initial license for an earth station governed by this
part, except for blanket licenses, will specify as a condition therein
the period in which construction of facilities must be completed and
station operation commenced. * * *
(2) Each initial license for mobile earth stations will specify as
a condition therein the period in which station operation must be
commenced. * * *
(b)(1) Each initial license for a transmitting earth station
subject to this part, except for blanket-licensed earth stations, will
also specify as a condition therein that upon completion of station
construction, the licensee must file with the Commission a
certification containing the following information:
* * * * *
(v) A certification that the facility as authorized has been
completed and that each antenna has been tested and found to perform
within 2 dB of the pattern specified in Sec. 25.209 or other
applicable pattern;
* * * * *
15. In Sec. 25.134, remove and reserve paragraph (a)(1) and revise
paragraphs (b) and (e) through (h) to read as follows:
Sec. 25.134 Licensing provisions for 12/14 GHz Very Small Aperture
Terminal (VSAT) and C-band Small Aperture Terminal (CSAT) networks.
(a)(1) [Reserved]
* * * * *
(b) VSAT networks operating in the 12/14 GHz band. An applicant for
a VSAT network authorization proposing to operate with transmitted
power spectral density and/or antenna input power in excess of the
values specified in paragraph (g) of this section must comply with the
procedures set forth in Sec. 25.220.
* * * * *
(e) VSAT networks operating in the 12/14 GHz bands may use more
than one hub earth station, and the hubs may be sited at different
locations.
(f) 12/14 GHz VSAT operators may use temporary fixed earth stations
as hub earth stations or remote earth stations in their networks, but
must specify, in their license applications, the number of temporary
fixed earth stations they plan to use.
(g) Applications for VSAT operation in the 12/14 GHz bands that
meet the following requirements will be routinely processed:
(1) Equivalent antenna diameter is 1.2 meters or more and the
application includes certification of conformance with antenna
performance standards pursuant to Sec. 25.132(a)(1) of this chapter.
(2) The maximum transmitter power spectral density of a digital
modulated carrier into any GSO FSS earth station antenna must not
exceed -14.0 - 10log(N) dB(W/4 kHz). For a VSAT network using frequency
division multiple access (FDMA) or time division multiple access (TDMA)
technique, N is equal to one. For a VSAT network using code division
multiple access (CDMA) technique, N is the maximum number of co-
frequency simultaneously transmitting earth stations in the same
satellite receiving beam.
(3) The maximum GSO FSS satellite EIRP spectral density of the
digital modulated emission must not exceed 10 dB(W/4kHz) for all
methods of modulation and accessing techniques.
(4) The maximum transmitter power spectral density of an analog
carrier into any GSO FSS earth station antenna must not exceed -8.0
dB(W/4kHz) and the
[[Page 67194]]
maximum GSO FSS satellite EIRP spectral density must not exceed +17.0
dB(W/4kHz).
(5) Any earth station applicant filing an application to operate a
VSAT network in the 12/14 GHz bands and planning to use a contention
protocol must certify that its contention protocol usage will be
reasonable.
(h) VSAT operators licensed pursuant to this section are prohibited
from using remote earth stations in their networks that are not
designed to stop transmission when synchronization to signals from the
target satellite fails.
16. In Sec. 25.135, remove paragraph (d) and revise the section
heading, remove and reserve paragraph (b), and revise paragraph (c) to
read as follows:
Sec. 25.135 Licensing provisions for earth station networks in the
non-voice, non-geostationary Mobile-Satellite Service.
* * * * *
(b) [Reserved]
(c) Transceiver units in this service are authorized to communicate
with and through U.S.-authorized space stations only.
Sec. 25.136 [Removed and Reserved]
17. Remove and reserve Sec. 25.136.
18. In Sec. 25.138, revise the section heading and paragraph (a)
introductory text, remove and reserve paragraph (a)(5), and revise
paragraphs (b) and (d) through (g) to read as follows:
Sec. 25.138 Licensing requirements for GSO FSS Earth Stations in the
18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-
28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) bands.
(a) Applications for earth station licenses in the GSO FSS in the
18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands
that meet the following requirements will be routinely processed:
* * * * *
(5) [Reserved]
* * * * *
(b) An application proposing levels in excess of those specified in
paragraph (a) of this section must demonstrate that the higher proposed
power is necessary to close the communications link and include one of
the following:
(1) An interference analysis, demonstrating that the proposed
operation is compatible with operation of other authorized or proposed
systems communicating via space stations within 6 degrees of the
proposed satellite point(s) of communication, providing details of its
proposed radio frequency carriers which it believes should be taken
into account in this analysis, and including, for each such radio
frequency carrier, the link noise budget, modulation parameters, and
overall link performance analysis; or
(2) Certification by the applicant that operators of all co-
frequency GSO FSS space stations within 6 degrees of the proposed
satellite point(s) of communication have acknowledged awareness of the
applicant's proposed operation with the higher power densities and
stated that they have no objection to such operation.
* * * * *
(d)(1) The applicant must provide, for each earth station antenna
type, a series of radiation patterns measured on a production antenna.
The measurements must be performed on a calibrated antenna range and,
at a minimum, must be made at the bottom, middle, and top frequencies
of each requested uplink band. The radiation patterns are:
(i) Co-polarized patterns for each of two orthogonal senses of
polarization in two orthogonal planes of the antenna.
(A) In the azimuth plane, plus and minus 10 degrees and plus and
minus 180 degrees.
(B) In the elevation plane, 0 to 30 degrees.
(ii) Cross-polarization patterns in the E- and H-planes, plus and
minus 10 degrees.
(iii) Main beam gain.
(2)(i) The tests specified in paragraph (d)(1) of this section are
normally performed at the manufacturer's facility; but for antennas
more than 3 meters in diameter that will only be assembled on-site, on-
site measurements may be used for product qualification data. If on-
site data is to be used for qualification, the test frequencies and
number of patterns should follow, where possible, the requirements in
paragraph (d)(1) of this section for at least one frequency.
(ii) Certification that the testing required by paragraph (d)(2)(i)
of this section has been satisfactorily performed must be included with
the certification filed pursuant to Sec. 25.133(b).
(e) Protection of downlink reception from adjacent satellite
interference is based on either the antenna performance specified in
Sec. 25.209 (a) and (b), or the actual receiving earth station antenna
performance, if actual performance provides greater isolation from
adjacent satellite interference. For purposes of ensuring the correct
level of protection, the applicant must provide, for each earth station
antenna type, antenna performance plots for the 18.3-18.8 GHz and 19.7-
20.2 GHz bands in the format prescribed in paragraph (d) of this
section.
(f) The holder of a blanket license pursuant to this section will
be responsible for operation of any transceiver to receive GSO FSS
service provided by that licensee or provided by another party with the
blanket licensee's consent. Operators of GSO FSS space stations
operating in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and
29.25-30.0 GHz bands must not transmit communications to or from user
transceivers in the United States unless such communications are
authorized under a service contract with the holder of a pertinent FCC
blanket license or under a service contract with another party with
authority for such transceiver operation delegated by such a blanket
licensee.
(g) A licensee applying for renewal of a license issued pursuant to
this section must specify on FCC Form 312R the number of constructed
earth stations.
19. In Sec. 25.140, revise the section heading and paragraph (b)
introductory text, remove and reserve paragraph (b)(1), and revise
paragraph (b)(2) to read as follows:
Sec. 25.140 Further requirements for license applications for space
stations in the Fixed-Satellite Service and the 17/24 GHz Broadcasting-
Satellite Service.
* * * * *
(b) Each applicant for a license for an FSS space station or 17/24
GHz Broadcasting-Satellite Service space station must provide the
following information, in addition to that required by Sec. 25.114:
(1) [Reserved]
(2) Except as set forth in paragraphs (b)(3), (b)(4), (b)(5), and
(b)(6) of this section, applicants must provide an interference
analysis to demonstrate the compatibility of their proposed system with
respect to authorized space stations within 2 degrees of any proposed
satellite point of communication. An applicant should provide details
of its proposed radio frequency carriers which it believes should be
taken into account in this analysis. At a minimum, the applicant must
include, for each type of radio frequency carrier, the link noise
budget, modulation parameters, and overall link performance analysis.
(See appendices B and C to Licensing of Space Stations in the Domestic
Fixed-Satellite Service, FCC 83-184, and the following public notices,
copies of which are available in the Commission's EDOCS database: DA
03-3863 and DA 04-1708.)
* * * * *
20. In Sec. 25.142, remove and reserve paragraph (c).
[[Page 67195]]
Sec. 25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
* * * * *
(c) [Reserved]
* * * * *
21. In Sec. 25.143, remove paragraphs (i) through (k) and remove
and reserve paragraphs (d) and (e).
Sec. 25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite
Service and 2 GHz Mobile-Satellite Service.
* * * * *
(d)-(e) [Reserved]
* * * * *
22. In Sec. 25.144, remove paragraph (a)(3)(iii) and remove and
reserve paragraph (c).
Sec. 25.144 Licensing provisions for the 2.3 GHz satellite digital
audio radio service.
* * * * *
(c) [Reserved]
* * * * *
23. In Sec. 25.145, remove and reserve paragraphs (a) and (f)(1).
Sec. 25.145 Licensing provisions for the Fixed-Satellite Service in
the 20/30 GHz bands.
(a) [Reserved]
* * * * *
(f)(1) [Reserved]
* * * * *
24. In Sec. 25.146, remove paragraph (n) and remove and reserve
paragraphs (c), (k), and (l) as follows:
Sec. 25.146 Licensing and operating rules for the non-geostationary
satellite orbit Fixed-Satellite Service (NGSO FSS) in the 10.7 GHz-14.5
GHz bands.
* * * * *
(c) [Reserved]
* * * * *
(k)-(l) [Reserved]
* * * * *
25. In Sec. 25.149, revise paragraphs (a)(1), (a)(2)(ii) and
(iii), (b)(1)(ii), and (b)(5)(ii) and (iii) to read as follows:
Sec. 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) * * *
(1) ATC must 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 2 GHz MSS band, the 1.5/1.6 GHz MSS bands, and the 1.6/2.4 GHz MSS
bands.
Note to Paragraph (a)(1): A 1.5/1.6 GHz 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) * * *
(ii) In the 1.5/1.6 GHz MSS bands, 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 1.6/2.4 GHz MSS 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.
* * * * *
(b) * * *
(1) * * *
(ii) For the 1.5/1.6 GHz MSS bands, an applicant must demonstrate
that it can provide space-segment service covering all 50 states,
Puerto Rico, and the U.S. Virgin Islands 100 percent of the time,
unless it is not technically possible for the MSS operator to meet the
coverage criteria from its orbital position.
* * * * *
(5) * * *
(ii) In the 1.6/2.4 GHz MSS bands, MSS ATC is limited to no more
than 7.775 MHz of spectrum in the 1610-1626.5 MHz band and 11.5 MHz of
spectrum in the 2483.5-2500 MHz 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 1.5/1.6 GHz MSS bands, 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.
* * * * *
26. In Sec. 25.154, revise paragraphs (d) and (e) to read as
follows:
Sec. 25.154 Opposition to applications and other pleadings.
* * * * *
(d) Reply comments by a party that filed a petition to deny may be
filed in response to pleadings filed pursuant to paragraph (c) or (e)
of this section within 5 days after expiration of the time for filing
oppositions unless the Commission extends the filing deadline and must
be in accordance with other applicable provisions of Sec. Sec. 1.41
through 1.52 of this chapter, except that such reply comments must be
filed electronically through the International Bureau Filing System
(IBFS) in accordance with the applicable provisions of part 1, subpart
Y of this chapter.
(e) Within 30 days after a petition to deny an application filed
pursuant to Sec. 25.220 is filed, the applicant may file an opposition
to the petition and must file a statement with the Commission, either
in conjunction with, or in lieu of, such opposition, explaining whether
the applicant has resolved all outstanding issues raised by the
petitioner. This statement and any conjoined opposition must be in
accordance with the provisions of Sec. Sec. 1.41 through 1.52 of this
chapter applicable to oppositions to petitions to deny, except that
such reply comments must be filed electronically through the
International Bureau Filing System (IBFS) in accordance with the
applicable provisions of part 1, subpart Y of this chapter.
27. In Sec. 25.161, revise paragraph (b) to read as follows:
Sec. 25.161 Automatic termination of station authorization.
* * * * *
(b) The expiration of the license term, unless, in the case of an
earth station license, an application for renewal of the license has
been filed with the Commission pursuant to Sec. 25.121(e) or, in the
case of a space station license, an application for extension of the
license term has been filed with the Commission; or
* * * * *
28. In Sec. 25.164, revise paragraphs (a)(4), (b)(4), and (c)
through (g) and add paragraph (h) to read as follows:
Sec. 25.164 Milestones.
(a) * * *
(4) Five years: Launch the space station, position it in its
assigned orbital location, and operate it in accordance with the
station authorization.
(b) * * *
(4) Three years, six months: Launch the first space station, place
it in the authorized orbit, and operate it in accordance with the
station authorization.
* * * * *
(c) Licensees of all satellite systems, other than DBS and DARS
satellite systems, will be required to submit a copy of their binding
non-contingent satellite construction contracts with the Commission on
or before the milestone date for entering into such a contract.
(d) Licensees of all satellite systems, other than DBS and DARS
satellite systems, will be required to submit information to the
Commission
[[Page 67196]]
sufficient to demonstrate that the licensee has completed the critical
design review of the licensed satellite system on or before the
milestone date scheduled for entering into such completion.
(e) Licensees of all satellite systems, other than DBS and DARS
satellite systems, will be required to submit information to the
Commission sufficient to demonstrate that the licensee has commenced
physical construction of its licensed spacecraft on or before the
milestone date for such commencement.
(f) Licensees of all space stations, other than DBS and SDARS space
stations, must, on or before an applicable deadline for operation or
launch and operation specified in paragraph (a) or (b) of this section,
demonstrate compliance with that milestone requirement. Compliance with
a milestone requirement contained in paragraph (a)(4), (b)(4), or
(b)(5) of this section may be demonstrated by certifying that the space
station has or the space stations have been launched and placed in the
authorized orbital location or non-geostationary orbit(s) and that in-
orbit operation of the space station or stations has been tested and
found to be consistent with the terms of the authorization.
(g) Licensees of satellite systems that include both non-
geostationary orbit satellites and geostationary orbit satellites,
other than DBS and DARS satellite systems, will be required to comply
with the schedule set forth in paragraph (a) of this section with
respect to the geostationary orbit satellites, and with the schedule
set forth in paragraph (b) of this section with respect to the non-
geostationary orbit satellites.
(h) In cases where the Commission grants a satellite authorization
in different stages, such as a license for a satellite system using
feeder links or inter-satellite links, the earliest of the milestone
schedules will be applied to the entire satellite system.
29. Add an undesignated center heading and Sec. Sec. 25.170
through 25.173 to Subpart B to read as follows:
Reporting Requirements for Space Station Licensees
Sec.
25.170 Annual reporting requirements.
25.171 Contact information reporting requirements.
25.172 Requirements for reporting space station control
arrangements.
25.173 Results of in-orbit testing.
Sec. 25.170 Annual reporting requirements.
All operators of space stations licensed under Part 25 or granted
U.S. market access must, on June 30 of each year, file a report with
the International Bureau and the Commission's Columbia Operations
Center, 9200 Farm House Lane, Columbia, MD 21046, containing the
following information:
(a) Status of space station construction and anticipated launch
date, including any major problems or delay encountered;
(b) Identification of any space station(s) not available for
service or otherwise not performing to specifications, any spectrum
within the scope of the Part 25 license or market access grant that the
space station is unable to use, the cause(s) of these difficulties, and
the date any space station was taken out of service or the malfunction
identified; and
(c) A current listing of the names, titles, addresses, email
addresses, and telephone numbers of the points of contact for
resolution of interference problems and for disaster response. Contact
personnel should include those responsible for resolution of short
term, immediate interference problems at the system control center, and
those responsible for long term engineering and technical design
issues.
Note to Sec. 25.170: Space station operators are also subject
to outage reporting requirements in Part 4 of this chapter.
Sec. 25.171 Contact information reporting requirements.
If contact information filed in an earth station application or
pursuant to Sec. 25.170(c) changes, the operator must file corrected
information with both the International Bureau and the Columbia Field
Office electronically in the Commission's International Bureau Filing
System (IBFS), in the ``Other Filings'' tab of the station's current
authorization file, and with the Commission's Columbia Operations
Center, at the address listed in Sec. 25.170. The operator must file
the updated information within 10 days.
Sec. 25.172 Requirements for reporting space station control
arrangements.
(a) The operator of any space station licensed by the Commission or
granted U.S. market access must file the following information with the
Commission prior to commencing commercial operation with the space
station, or, in the case of a non-U.S.-licensed space station, prior to
commencing commercial operation with U.S. earth stations.
(1) The information required by Sec. 25.170(c).
(2) The call signs of any telemetry, tracking, and telecommand
earth station(s) communicating with the space station from any site in
the United States.
(3) The location, by city and country, of any telemetry, tracking,
and telecommand earth station that communicates with the space station
from any point outside the United States.
(b) The information required by paragraph (a) of this section must
be filed with the Commission's Columbia Operations Center, at the
address listed in Sec. 25.170. If such information becomes invalid due
to a change of circumstances, the operator must file updated
information in the same manner within 10 days, except with respect to
temporary changes that will be in effect for less than 30 days, in
which case no update is necessary.
Sec. 25.173 Results of in-orbit testing.
(a) Space station operators must measure the co-polarized and
cross-polarized performance of space station antennas through in-orbit
testing and submit the measurement data to the Commission upon request.
(b)(1) Within 15 days after completing in-orbit testing of a space
station licensed under this part, the operator must notify the
Commission that such testing has been completed and:
(i) Certify that the space station's measured performance is
consistent with the station authorization and that the space station is
capable of using its assigned frequencies; or
(ii) Inform the Commission of any discrepancy. The licensee must
also indicate in the filing whether the space station has been placed
in the assigned geostationary orbital location or non-geostationary
orbit.
(2) If the licensee files a certification pursuant to paragraph
(b)(1)(i) of this section, before the space station has been placed in
its assigned orbit or orbital location, the licensee must separately
notify the Commission that the space station has been placed in such
orbit or orbital location within 3 days after such placement.
Sec. 25.201 [Removed and Reserved]
30. Remove and reserve Sec. 25.201.
31. In Sec. 25.202, revise the section heading, remove and reserve
paragraph (c), and revise paragraph (g) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, emission limits, and
orbital location.
* * * * *
(c) [Reserved]
* * * * *
(g) Telemetry, tracking and command functions for U.S.-licensed
satellites must be conducted at either or both
[[Page 67197]]
edges of the assigned band(s). Frequencies, polarization and coding
must be selected to minimize interference into other satellite networks
and within the operator's own satellite system.
32. In Sec. 25.204, revise the section heading, paragraphs (e) and
(f) and remove and reserve paragraph (g) to read as follows:
Sec. 25.204 Power limits for earth stations.
* * * * *
(e) To the extent specified in paragraphs (e)(1)-(4) of this
section, earth stations in the Fixed-Satellite Service may employ
uplink adaptive power control or other methods of fade compensation to
facilitate transmission of uplinks at power levels required for desired
link performance while minimizing interference between networks.
(1) Transmissions from FSS earth-stations in the 14.0-14.5 GHz
band, including stations that have been routinely licensed pursuant to
Sec. Sec. 25.134, 25.211, or 25.212, may exceed the uplink EIRP and
EIRP density limits specified in the station authorization under
conditions of uplink fading due to precipitation by an amount not to
exceed 1 dB above the actual amount of monitored excess attenuation
over clear sky propagation conditions. EIRP levels must be returned to
normal as soon as the attenuating weather pattern subsides. The maximum
power level for power control purposes must be coordinated with
adjacent satellite operators.
(2) An FSS earth station transmitting to a geostationary space
station in the 13.77-13.78 GHz band must not generate more than 71 dBW
EIRP in any 6 MHz band. An FSS earth station transmitting to a non-
geostationary space station in the 13.77-13.78 GHz band must not
generate more than 51 dBW EIRP in any 6 MHz band. Automatic power
control may be used to increase the EIRP density in a 6 MHz uplink band
in this frequency range to compensate for rain fade, provided that the
power flux-density at the space station does not exceed the value that
would result when transmitting with an EIRP of 71 dBW or 51 dBW, as
appropriate, in that 6 MHz band in clear-sky conditions.
(3) FSS earth stations transmitting to geostationary satellites in
the 28.35-28.6 GHz or 29.25-30.0 GHz band may employ uplink adaptive
power control or other methods of fade compensation. For stations
employing uplink power control, the values in paragraphs (a)(1),
(a)(2), and (a)(4) of Sec. 25.138 may be exceeded by up to 20 dB under
conditions of uplink fading due to precipitation. The amount of such
increase in excess of the actual amount of monitored excess attenuation
over clear sky propagation conditions must not exceed 1.5 dB or 15
percent of the actual amount of monitored excess attenuation in dB,
whichever is larger, with a confidence level of 90 percent except over
transient periods accounting for no more than 0.5 percent of the time
during which the excess is no more than 4.0 dB.
(4) Transmissions in the 24.75-25.25 GHz band from 17/24 GHz BSS
feeder-link earth stations employing power control may exceed the
values in paragraphs (b)(1), (b)(2), and (b)(4) of Sec. 25.223 by up
to 20 dB under conditions of uplink fading due to precipitation. The
amount of such increase in excess of the actual amount of monitored
excess attenuation over clear sky propagation conditions must not
exceed 1.5 dB or 15 percent of the actual amount of monitored excess
attenuation in dB, whichever is larger, with a confidence level of 90
percent except over transient periods accounting for no more than 0.5
percent of the time during which the excess is no more than 4.0 dB.
(f) An earth station in the Fixed-Satellite Service transmitting in
the 13.75-14 GHz band must have a minimum antenna diameter of 4.5 m,
and the EIRP of any emission in that band should be at least 68 dBW and
should not exceed 85 dBW.
(g) [Reserved.]
* * * * *
33. Revise Sec. 25.206 to read as follows:
Sec. 25.206 Station identification.
The requirement to transmit station identification is waived for
all radio stations licensed under this part with the exception of earth
stations subject to the requirements of Sec. 25.281 of this chapter.
34. In Sec. 25.208, revise paragraph (w) introductory text and add
note to paragraph (w) to read as follows:
Sec. 25.208 Power flux density limits.
* * * * *
(w) The power flux density at the Earth's surface produced by
emissions from a 17/24 GHz BSS space station operating in the 17.3-17.7
GHz band for all conditions and all methods of modulation must not
exceed the regional power flux density levels prescribed below.
* * * * *
Note to Paragraph (w): These limits pertain to the power flux-
density that would be obtained under assumed free-space propagation
conditions.
35. In Sec. 25.209, remove and reserve paragraph (d) and revise
paragraph (h)(1) to read as follows:
Sec. 25.209 Antenna performance standards.
* * * * *
(d) [Reserved]
* * * * *
(h)(1) The gain of any transmitting gateway earth station antenna
operating in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz,
13.8-14.0 GHz, and 14.4-14.5 GHz bands and communicating with NGSO FSS
satellites must lie below the envelope defined as follows:
29-25log10([thgr]) dBi for 1[deg] <= [thgr] <= 36[deg]
-10 dBi for 36[deg] < [thgr] <= 180[deg]
Where: [thgr] is the angle in degrees from the axis of the main lobe,
and dBi means dB relative to an isotropic radiator.
* * * * *
36. In Sec. 25.210, remove paragraphs (k) and (l), remove and
reserve paragraph (b), and revise paragraph (c) to read as follows:
Sec. 25.210 Technical requirements for space stations.
* * * * *
(b) [Reserved]
(c) Space station antennas operating in the Direct Broadcast
Satellite Service or operating in the Fixed-Satellite Service for
reception of feeder links for Direct Broadcast Service must be designed
to provide a cross-polarization isolation such that the ratio of the
on-axis co-polar gain to the cross-polar gain of the antenna in the
assigned frequency band is at least 27 dB within the primary coverage
area.
* * * * *
37. In Sec. 25.211, remove paragraph (f) and revise paragraphs (d)
and (e) to read as follows:
Sec. 25.211 Analog video transmissions in the Fixed-Satellite
Service.
* * * * *
(d) An earth station may be routinely licensed for transmission of
analog video services in the 5925-6425 MHz band or 14.0-14.5 GHz band
provided:
(1) The application includes certification, pursuant to Sec.
25.132(a)(1), of conformance with the antenna performance standards in
Sec. 25.209(a) and (b);
(2) An antenna with an equivalent diameter of 4.5 meters or greater
will be used for such transmission in the 5925-6425 MHz band, and the
input power into the antenna will not exceed 26.5 dBW;
(3) An antenna with an equivalent diameter of 1.2 meters or greater
will be used for such transmission in the 14.0-
[[Page 67198]]
14.5 GHz band, and the input power into the antenna will not exceed 27
dBW.
(e) Applications for authority for analog video uplink transmission
in the Fixed-Satellite Service that are not eligible for routine
licensing under paragraph (d) of this section are subject to the
provisions of Sec. 25.220 of this chapter.
38. In Sec. 25.212, revise paragraphs (c) through (e) to read as
follows:
Sec. 25.212 Narrowband analog transmissions and digital transmissions
in the GSO Fixed-Satellite Service.
* * * * *
(c) (1) An earth station that is not subject to licensing under
Sec. 25.222 or Sec. 25.226 of this chapter and will not be installed
in aircraft may be routinely licensed for analog transmissions in the
14.0-14.5 GHz band with bandwidths up to 1 MHz if the equivalent
diameter of the transmitting antenna is 1.2 meters or greater, input
power spectral density into the antenna will not exceed -8 dBW/4 kHz,
transmitted satellite carrier EIRP density will not exceed 17 dBW/4
kHz, and the application includes certification pursuant to Sec.
25.132(a)(1) of conformance with the antenna performance standards in
Sec. 25.209(a) and (b).
(2) An earth station that is not subject to licensing under Sec.
25.222 or Sec. 25.226 of this chapter and will not be installed in
aircraft may be routinely licensed for digital transmission, including
digital video transmission, in the 14.0-14.5 GHz band if the equivalent
diameter of the transmitting antenna is 1.2 meters or greater, input
power spectral density into the antenna will not exceed -14 dBW/4 kHz,
transmitted satellite carrier EIRP density will not exceed +10.0 dBW/4
kHz, and the application includes certification pursuant to Sec.
25.132(a)(1) of conformance with the antenna performance standards in
Sec. 25.209(a) and (b).
(d) An earth station that is not subject to licensing under Sec.
25.221 of this chapter may be routinely licensed for transmission in
the 5925-6425 MHz band if the equivalent diameter of the transmit
antenna is 4.5 meters or greater, the application includes
certification pursuant to Sec. 25.132(a)(1) of conformance with the
antenna performance standards in Sec. 25.209(a) and (b), and maximum
power densities into the antenna will not exceed +0.5 dBW/4 kHz for
analog carriers with bandwidths up to 1 MHz or -2.7 - 10log(N) dBW/4
kHz for digital carriers. For digital transmission with frequency
division multiple access (FDMA) or time division multiple access
(TDMA), N is equal to one. For digital transmission with code division
multiple access (CDMA), N is the maximum number of co-frequency
simultaneously transmitting earth stations in the same satellite
receiving beam.
(e) An applicant for authority for an earth station in the Fixed-
Satellite Service proposing to transmit digital signals or transmit
analog signals in bandwidths up to 1 MHz and to operate with
transmitted satellite carrier EIRP densities, and/or maximum antenna
input power densities in excess of those specified in applicable
provisions of paragraph (c) or (d) of this section or operate with a
smaller antenna than specified in a relevant provision of those
paragraphs must comply with the requirements in Sec. 25.218 or Sec.
25.220 of this chapter, unless the application is subject to licensing
pursuant to Sec. Sec. 25.221, 25.222, or 25.226.
* * * * *
39. In Sec. 25.214, remove and reserve paragraph (a) and revise
paragraph (c)(1) to read as follows:
Sec. 25.214 Technical requirements for space stations in the
Satellite Digital Audio Radio Service and associated terrestrial
repeaters.
(a) [Reserved]
* * * * *
(c) * * *
(1) Exclusive SDARS licenses are limited to the 2320-2345 MHz
segment of the 2310-2360 MHz allocated bandwidth for SDARS;
* * * * *
Sec. 25.215 [Removed and Reserved]
40. Remove and reserve Sec. 25.215.
41. In Sec. 25.217, revise paragraph (b)(1), the first sentence of
paragraph (b)(3), and paragraph (c)(1) to read as follows:
Sec. 25.217 Default service rules.
* * * * *
(b)(1) For all NGSO-like satellite licenses for which the
application was filed pursuant to the procedures set forth in Sec.
25.157 after August 27, 2003, authorizing operations in a frequency
band for which the Commission has not adopted frequency band-specific
service rules at the time the license is granted, the licensee will be
required to comply with the following technical requirements,
notwithstanding the frequency bands specified in these rule provisions:
Sec. Sec. 25.142(d), 25.143(b)(2)(ii), 25.143(b)(2)(iii), 25.204(g),
25.210(d), 25.210(f), and 25.210(i).
* * * * *
(3) Mobile earth station licensees authorized to operate with one
or more space stations subject to paragraph (b)(1) of this section must
comply with the requirements in Sec. Sec. 25.285 and 25.287,
notwithstanding the frequency bands specified in that section. * * *
(c)(1) For all GSO-like satellite licenses for which the
application was filed pursuant to the procedures set forth in Sec.
25.158 after August 27, 2003, authorizing operations in a frequency
band for which the Commission has not adopted frequency band-specific
service rules at the time the license is granted, the licensee will be
required to comply with the following technical requirements,
notwithstanding the frequency bands specified in these rule provisions:
Sec. Sec. 25.142(d), 25.143(b)(2)(iv), 25.204(g), 25.210(d),
25.210(f), 25.210(i), and 25.210(j).
* * * * *
42. In Sec. 25.218, revise paragraph (a) introductory text and
paragraphs (a)(1) and (2) to read as follows:
Sec. 25.218 Off-axis EIRP envelopes for FSS earth stations
transmitting in certain frequency bands.
(a) This section applies to all applications for Fixed-Satellite
Service earth stations transmitting to geostationary space stations in
the C-band, Ku-band, or extended Ku-band, except for:
(1) ESV and VMES applications, and
(2) Analog video earth station applications.
* * * * *
43. In Sec. 25.221, revise the section heading and the last
sentence of paragraph (a)(12) and add two sentences at the end of
paragraph (a)(12) to read as follows:
Sec. 25.221 Blanket Licensing provisions for Earth Stations on
Vessels (ESVs) receiving in the 3700-4200 MHz (space-to-Earth) band and
transmitting in the 5925-6425 MHz (Earth-to-space) band, operating with
GSO Satellites in the Fixed-Satellite Service.
(a) * * *
(12) * * * If, prior to the end of the 30-day comment period of the
public NPRM, 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
[[Page 67199]]
that include islands and ``low-water elevations,'' as determined by the
U.S. Department of State's Baseline Committee.
* * * * *
44. In Sec. 25.223, revise the section heading and paragraphs (a)
and (c) to read as follows:
Sec. 25.223 Alternative licensing rules for feeder link earth
stations in the 17/24 GHz BSS.
(a) This section applies to license applications for earth stations
that transmit to 17/24 GHz Broadcasting-Satellite Service space
stations, in which the proposed earth station's antenna does not
conform to the standards of Sec. 25.209(a) and (b), and/or the
proposed input power density level is in excess of that specified in
Sec. 25.212(f) of this part.
* * * * *
(c) Each earth station license applicant that proposes levels in
excess of those defined in paragraph (b) of this section must:
(1) Submit with its application link budget analyses of the
operations proposed along with a detailed written explanation of how
each uplink and each transmitted satellite carrier density figure is
derived, and one of the following:
(i) An interference analysis demonstrating that the proposed
operations are compatible with the operations of other potentially
affected parties, providing details of its proposed radio frequency
carriers which it believes should be taken into account in this
analysis, and including, for each such radio frequency carrier, the
link noise budget, modulation parameters, and overall link performance
analysis; or
(ii) Certification that all potentially affected parties
acknowledge and do not object to the use of the applicant's higher
power densities. For proposed power levels less than or equal to 3 dB
in excess of the limits defined in paragraph (b) of this section, the
potentially affected parties are those co-frequency U.S.-authorized 17/
24 GHz BSS satellite networks that are located at angular separations
of up to 6[deg] away; for power levels greater than 3 dB
and less than or equal to 6 dB in excess of the limits defined in
paragraph (b) of this section, potentially affected parties are all
those co-frequency U.S.-authorized operators at up to 10[deg] away.
(2) No power levels greater than 6 dB in excess of the limits
defined in paragraph (b) of this section will be permitted.
* * * * *
45. In Sec. 25.253, revise paragraphs (a)(1), (c)(1), and (h) to
read as follows:
Sec. 25.253 Special requirements for ancillary terrestrial components
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.
(a) * * *
(1) In any band segment coordinated for the exclusive use of an MSS
applicant within the land area of the United States, where there is no
other 1.5/1.6 GHz MSS satellite making use of that band segment within
the visible portion of the geostationary arc as seen from the ATC
coverage area, the ATC system will be limited by the in-band and out-
of-band emission limitations contained in this section and the
requirement to maintain a substantial MSS service.
* * * * *
(c) * * *
(1) Demonstrate, at the time of application, how its ATC network
will comply with the requirements of footnotes US308 and US315 to the
table of frequency allocations contained in Sec. 2.106 of this chapter
regarding priority and preemptive access to the 1.5/1.6 GHz MSS
spectrum by the Aeronautical Mobile-Satellite Route Service (AMS(R)S)
and the Global Maritime Distress and Safety System (GMDSS).
* * * * *
(h) When implementing multiple base stations and/or base stations
using multiple carriers, where any third-order intermodulation product
of these base stations falls on a 1.5/1.6 GHz MSS band segment
coordinated for use by another MSS operator with rights to the
coordinated band, the MSS ATC licensee must notify the MSS operator.
The MSS operator may request coordination to modify the base station
carrier frequencies, or to reduce the maximum base station EIRP on the
frequencies contributing to the third-order intermodulation products.
The threshold for this notification and coordination is when the sum of
the calculated signal levels received by an MSS receiver exceeds -70
dBm. The MSS receiver used in these calculations can be assumed to have
an antenna with 0 dBi gain. Free-space propagation between the base
station antennas and the MSS terminals can be assumed and actual signal
polarizations for the ATC signals and the MSS system may be used.
46. In Sec. 25.259, revise paragraph (b) to read as follows:
Sec. 25.259 Time sharing between NOAA meteorological satellite
systems and non-voice, non-geostationary satellite systems in the 137-
138 MHz band.
* * * * *
(b) An NVNG licensee time sharing spectrum in the 137-138 MHz band
must establish a 24-hour per day contact person and telephone number so
that claims of harmful interference into NOAA earth stations and other
operational issues can be reported and resolved expeditiously. This
contact information must be made available to the NOAA or its designee.
If the NTIA notifies the Commission that the NOAA is receiving
unacceptable interference from a NVNG licensee, the Commission will
require such NVNG licensee to terminate its interfering operations
immediately unless it demonstrates to the Commission's reasonable
satisfaction, and that of NTIA, that it is not responsible for causing
harmful interference into the worldwide NOAA system. An NVNG licensee
assumes the risk of any liability or damage that it and its directors,
officers, employees, affiliates, agents and subcontractors may incur or
suffer in connection with an interruption of its Mobile-Satellite
Service, in whole or in part, arising from or relating to its
compliance or noncompliance with the requirements of this paragraph.
* * * * *
47. In Sec. 25.260, revise paragraph (b) to read as follows:
Sec. 25.260 Time sharing between DoD meteorological satellite systems
and non-voice, non-geostationary satellite systems in the 400.15-401
MHz band.
* * * * *
(b) An NVNG licensee time sharing spectrum in the 400.15-401 MHz
band must establish a 24-hour per day contact person and telephone
number so that claims of harmful interference into DoD earth stations
and other operational issues can be reported and resolved
expeditiously. This contact information must be made available to the
DoD or its designee. If the NTIA notifies the Commission that the DoD
is receiving unacceptable interference from a NVNG licensee, the
Commission will require such NVNG licensee to terminate its interfering
operations immediately unless it demonstrates to the Commission's
reasonable satisfaction, and that of NTIA, that it is not responsible
for causing harmful interference into the worldwide DoD system. A NVNG
licensee assumes the risk of any liability or damage that it and its
directors, officers, employees, affiliates, agents and subcontractors
may incur or suffer in connection with an interruption of its Mobile-
Satellite Service, in whole or in part, arising from or relating to its
compliance or
[[Page 67200]]
noncompliance with the requirements of this paragraph.
* * * * *
48. In Sec. 25.272, remove and reserve paragraph (b).
Sec. 25.272 General inter-system coordination procedures.
* * * * *
(b) [Reserved]
* * * * *
49. In Sec. 25.276, revise paragraph (a) and remove and reserve
paragraph (b) to read as follows:
Sec. 25.276 Points of communication.
(a) Unless otherwise specified in the station authorization, an
earth station may transmit to any space station in the same radio
service that is listed as a point of communication in the earth station
license, provided that permission has been received from the space
station operator to access that space station.
(b) [Reserved]
* * * * *
50. Revise Sec. 25.281 to read as follows:
Sec. 25.281 Transmitter identification requirements for satellite
video transmissions from fixed earth stations.
(a) Fixed earth station transmissions carrying broadband video
information with analog frequency modulation must be identified through
use of an Automatic Transmitter Identification System (ATIS) meeting
the following specifications:
(1) The ATIS signal must be a separate subcarrier that is
automatically activated whenever any radio frequency emissions occur.
(2) The ATIS message must continuously repeat.
(3) The ATIS subcarrier signal must be generated at a frequency of
7.1 MHz 25 kHz and modulate the uplink radio frequency
carrier at a level no less than -26 dB (referenced to the unmodulated
carrier).
(4) ATIS subcarrier deviation must not exceed 25 kHz.
(5) The ATIS message protocol must be International Morse Code
keyed by a 1200 Hz 800 Hz tone representing a mark and a
message rate of 15 to 25 words per minute. The tone must frequency-
modulate the subcarrier signal with the ATIS message.
(b) Fixed earth station transmissions carrying broadband video
information with digital modulation must be identified through use of
an ATIS with the following specifications.
(1) Either the ATIS message must be injected into the Network
Information Table of the MPEG data stream, or
(2) The ATIS message must be modulated onto a direct sequence
spread spectrum signal that has the same center frequency as the
digitally-modulated broadband video signal, is transmitted along with
the broadband video signal at a level that can be received by a
compatible ATIS message receiver using the same antenna and downlink
receiver chain as the broadband video signal, and has the following
characteristics:
(i) Binary phase-shift keying modulation;
(ii) Spreading ratio of 4096;
(iii) A chip rate of 112,000 chips per second for symbol rates of
the digitally-modulated broadband video signal between 128,000 and
256,000 symbols per second, or 224,000 chips per second for symbol
rates of the digitally-modulated broadband video signal above 256,000
symbols per second;
(iv) Forward error correction with a (112,70) BCH code;
(v) Packet size, including forward error correction bits, of 122
bits; and
(vi) Maximum message size of 32 packets.
(c) Each message transmitted by an ATIS required by paragraph (a)
or (b) of this section must be transmitted in an unencrypted ASCII text
format that can be displayed using readily-available computer terminal
emulation software and must include the following:
(1) The FCC-assigned call sign of the transmitting earth station;
(2) A telephone number providing immediate access to personnel
capable of resolving ongoing interference or coordination problems with
the station; and
(3) A unique serial number of ten or more digits programmed into
the ATIS message in a permanent manner such that it cannot be readily
changed by the operator on duty.
(4) Additional information may be included in the ATIS data stream
provided the total ATIS message length does not exceed 30 seconds.
(d) The ATIS equipment must be integrated into the uplink
transmitter chain with a method that cannot easily be defeated.
51. Add Sec. Sec. 25.285 through 25.287 to Subpart D to read as
follows:
Sec. 25.285 Operation of portable transmitters or transceivers on
board aircraft.
(a) Operation of any of the following devices aboard aircraft is
prohibited, unless the device is installed in a manner approved by the
Federal Aviation Administration or is used by the pilot or with the
pilot's consent:
(1) Earth stations capable of transmitting in the 1.5/1.6 GHz, 1.6/
2.4 GHz, or 2 GHz Mobile-Satellite Service frequency bands;
(2) ATC terminals capable of transmitting in the 1.5/1.6 GHz, 1.6/
2.4 GHz, or 2 GHz MSS bands;
(3) Earth stations used for non-voice, non-geostationary Mobile-
Satellite Service communication that can emit radiation in the 108-137
MHz band.
(b) No portable device of any type identified in paragraph (a) of
this section (including transmitter or transceiver units installed in
other devices that are themselves portable) may be sold or distributed
to users unless it conspicuously bears the following warning: ``This
device must be turned off at all times while on board aircraft.'' For
purposes of this section, a device is portable if it is a ``portable
device'' as defined in Sec. 2.1093(b) of this chapter or is designed
to be carried by hand.
Sec. 25.286 Antenna painting and lighting.
The owner of an earth station antenna structure must comply with
all applicable painting, marking, and/or lighting requirements in Part
17 of this chapter. In the event of default by the owner, the station
licensee will be responsible for ensuring that such requirements are
met.
Sec. 25.287 Requirements pertaining to operation of mobile stations
in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Satellite
Service bands.
(a) Any mobile earth station (MES) operating in the 1530-1544 MHz
and 1626.5-1645.5 MHz bands must have the following minimum set of
capabilities to ensure compliance with Footnote 5.353A in 47 CFR 2.106
and the priority and real-time preemption requirements imposed by
Footnote US315.
(1) All MES transmissions must have a priority assigned to them
that preserves the priority and preemptive access given to maritime
distress and safety communications sharing the band.
(2) Each MES with a requirement to handle maritime distress and
safety data communications must be capable of either:
(i) Recognizing message and call priority identification when
transmitted from its associated Land Earth Station (LES), or
(ii) Accepting message and call priority identification embedded in
the message or call when transmitted from its associated LES and
passing the identification to shipboard data message processing
equipment.
(3) Each MES must be assigned a unique terminal identification
number that will be transmitted upon any attempt to gain access to a
system.
[[Page 67201]]
(4) After an MES has gained access to a system, the mobile terminal
must be under control of an LES and must obtain all channel assignments
from it.
(5) All MESs that do not continuously monitor a separate signaling
channel or signaling within the communications channel must monitor the
signaling channel at the end of each transmission.
(6) Each MES must automatically inhibit its transmissions if it is
not correctly receiving separate signaling channel or signaling within
the communications channel from its associated LES.
(7) Each MES must automatically inhibit its transmissions on any or
all channels upon receiving a channel-shut-off command on a signaling
or communications channel it is receiving from its associated LES.
(8) Each MES with a requirement to handle maritime distress and
safety communications must have the capability within the station to
automatically preempt lower precedence traffic.
(b) Any LES for an MSS system operating in the 1530-1544 MHz and
1626.5-1645.5 MHz bands must have the following minimum set of
capabilities to ensure compliance with Footnotes 5.353A and the
priority and real-time preemption requirements imposed by Footnote
US315. An LES fulfilling these requirements must not have any
additional priority with respect to FSS stations operating with other
systems.
(1) LES transmissions to MESs must have a priority assigned to them
that preserves the priority and preemptive access given to maritime
distress and safety communications pursuant to paragraph (a) of this
section.
(2) The LES must recognize the priority of calls to and from MESs
and make channel assignments taking into account the priority access
that is given to maritime distress and safety communications.
(3) The LES must be capable of receiving the MES identification
number when transmitted and verifying that it is an authorized user of
the system to prohibit unauthorized access.
(4) The LES must be capable of transmitting channel assignment
commands to the MESs.
(5) The communications channels used between the LES and the MES
shall have provision for signaling within the voice/data channel, for
an MES that does not continuously monitor the LES signaling channel
during a call.
(6) The LES must transmit periodic control signals to MESs that do
not continuously monitor the LES signaling channel.
(7) The LES must automatically inhibit transmissions to an MES to
which it is not transmitting in a signaling channel or signaling within
the communications channel.
(8) The LES must be capable of transmitting channel-shut-off
commands to MESs on signaling or communications channels.
(9) Each LES must be capable of interrupting, and if necessary,
preempting ongoing routine traffic from an MES in order to complete a
maritime distress, urgency or safety call to that MES.
(10) Each LES must be capable of automatically turning off one or
more of its associated channels in order to complete a maritime
distress, urgency or safety call.
(c) No person without an FCC license for such operation may
transmit to a space station in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, or 2
GHz Mobile-Satellite Service from anywhere in the United States except
to receive service from the holder of a pertinent FCC blanket license
or from another party with the permission of such a blanket licensee.
(d) The holder of an FCC blanket license for operation of mobile
transmitters or transceivers for communication via an NVNG, 1.6/2.4
GHz, 1.5/1.6 GHz, or 2 GHz Mobile Satellite Service system will be
responsible for operation of any such device to receive service
provided by that licensee or provided by another party with the blanket
licensee's consent. Operators of such satellite systems must not
transmit communications to or from such devices in the United States
unless such communications are authorized under a service contract with
the holder of a pertinent FCC blanket earth station license or under a
service contract with another party with authority for such operation
delegated by such a blanket licensee.
[FR Doc. 2012-26434 Filed 11-7-12; 8:45 am]
BILLING CODE 6712-01-P