[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Rules and Regulations]
[Pages 8308-8326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02213]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 12-267; FCC 13-111]
Comprehensive Review of Licensing and Operating Rules for
Satellite Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Federal Communications Commission (FCC) has adopted many
changes in its rules, which governs licensing and operation of space
stations and earth stations. Collectively, the changes adopted in this
document will streamline the Commission's regulations, fostering more
rapid deployment of services to the public, greater investment, and new
innovations in satellite services.
DATES: The rules in this document contain information collection
requirements that have not been approved by Office of Management and
Budget. The Commission will publish a document in the Federal Register
announcing such OMB approval, the effective date of all of the rule
amendments adopted in the Report and Order, and the approval date of
the incorporation by reference of a certain publication listed in the
rule.
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 Leslie
Smith at 202-418-0217, or via the Internet at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in IB Docket No. 12-267, FCC 13-111, adopted and released on
August 9, 2013. The full text of the Report and Order 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]. The full text may also be downloaded at http://apps.fcc.gov/ecfs/document/view?id=7520937207 http://www.fcc.gov.
Alternative formats are available to person with disabilities by
sending an email to [email protected] or calling the Consider &
Governmental Affairs Bureau at 202-418-0530 (voice), or 202-418-0432
(tty).
Synopsis
1. In September 2012, the Commission issued a Notice of Proposed
Rulemaking (NPRM), 77 FR 67172, November 8, 2012 proposing extensive
changes in part 25 of its rules, which governs licensing and operation
of space stations and earth stations for the provision of satellite
communication services. Sixteen parties filed comments in response to
the NPRM and 10 parties filed reply comments. In this Report and Order,
we adopt most of the changes proposed previously and discuss
recommendations for further changes. In all, we revise over 150 rule
provisions in part 25 to better reflect evolving technology; eliminate
unnecessary information filing requirements for licensees and
applicants; eliminate unnecessary technical restrictions; reorganize
existing requirements; eliminate redundancy and unnecessary verbiage;
clarify vague, confusing, or ambiguous provisions; resolve
inconsistencies; and codify existing policies to improve transparency.
These changes will better enable the Commission to assess the
interference potential of proposed operations; afford more operational
flexibility for satellite licensees; enable applicants and licensees to
conserve time, effort, and expense in preparing applications and
reports; ease administrative burdens for the Commission; and make the
rules easier to understand.
Paperwork Reduction Act
2. This document contains new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies are invited to comment on
the new or modified information collection requirements contained in
this proceeding.
3. Pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought
specific comment on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees. We received no comments on this issue. We have
assessed the effects of the revisions adopted that might impose
information collection burdens on small business concerns, and find
that the impact on businesses with fewer than 25 employees will be an
overall reduction in burden. The amendments adopted in this Report and
Order eliminate unnecessary information filing requirements for
licensees and applicants; eliminate unnecessary technical restrictions
and enable applicants and licensees to conserve time, effort, and
expense in preparing applications and reports. Overall, these changes
may have a greater positive
[[Page 8309]]
impact on small business entities with more limited resources.
Congressional Review Act
4. The Commission will send copies of this Report and Order to
Congress and the General Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy
including the final 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).
Effective Date
5. While not all the revisions to part 25 adopted in this order
require approval by OMB under the PRA, many do. These requirements
cannot go into effect until OMB has approved the information collection
requirements and the Commission has published a notice announcing the
effective date of those requirements. To avoid confusion, all rule
changes adopted in this Report and Order will become effective on the
same date. The International Bureau will issue a public notice
announcing the effective date for all of the rules adopted in this
Report and Order.
Final Regulatory Flexibility Analysis
6. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking in the Matter of
Comprehensive Review of Licensing and Operating Rules for Satellite
Services.\2\ The Commission sought written public comment on the
proposals in the NPRM, including comment on the IRFA. No comments were
received on the IRFA. This Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ Comprehensive Review of Licensing and Operating Rules for
Satellite Services, IB Docket No. 12-267, Notice of Proposed
Rulemaking, 27 FCC Rcd 11619 (2012) (Notice) at 11699 (Appendix B).
\3\ See 5 U.S.C. 604.
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Need for, and Objectives of, the Proposed Rules
7. This Order adopts comprehensive changes to part 25 of the
Commission's rules, which governs licensing and operation of space
stations and earth stations for the provision of satellite
communication services.\4\ We revise the rules to better reflect
evolving technology; eliminate unnecessary information filing
requirements for licensees and applicants; eliminate unnecessary
technical restrictions; reorganize existing requirements; eliminate
redundancy and unnecessary verbiage; clarify vague, confusing, or
ambiguous provisions; resolve inconsistencies; and codify existing
policies to improve transparency. These changes will better enable the
Commission to assess the interference potential of proposed operations;
afford more operational flexibility for satellite licensees; enable
applicants and licensees to conserve time, effort, and expense in
preparing applications and reports; ease administrative burdens for the
Commission; and make the rules easier to understand. As a result, we
anticipate that these rule changes will facilitate greater investment
and further innovation in satellite services and more rapid deployment
of new satellite services to the public.
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\4\ 47 CFR part 25, Satellite Communications.
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8. This Order revises multiple sections of part 25 of the rules.
Specifically, it revises the rules to:
Update the information requirements for space and earth
station applications to reflect evolving technology and eliminate
information that is no longer needed.
Consolidate annual reporting requirements and delete
reporting requirements that are not necessary; reinforce reporting
requirements for 24/7 contact points in cases of interference or
emergency situations.
Increase the number of earth station applications eligible
for routine processing.
Clarify the criteria for using Form 312EZ and related
autogrant procedure for earth station applications.
Eliminate certain restrictive elements of rules related to
transponder saturation flux density settability requirements and cross-
polarization isolation requirements.
Harmonize rules concerning rain fade mitigation and
eliminate certain mandated requirements.
Clarify the requirements for routine processing of 12/14
GHz Very Small Aperture Terminals (VSAT) networks.
Allow earth station applicants to certify antenna
performance rather than requiring them to submit a certificate from the
manufacturer.
Adopt the industry standard for Automatic Transmitter
Identification System (ATIS) signals for digital video uplinks for
temporary-fixed earth stations.
Relax telemetry, tracking, and command (TT&C) reporting
requirements.
Consolidate use restrictions and labeling requirements for
MSS and ATC terminals aboard civil aircraft.
Codify Commission practice of granting a single earth
station license covering multiple antennas located close to each other.
Update, improve, and consolidate definitions.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
9. No party filing comments in this proceeding responded to the
IRFA, and no party filing comments in this proceeding otherwise argued
that the policies and rules proposed in this proceeding would have a
significant economic impact on a substantial number of small entities.
The Commission has, nonetheless, considered any potential significant
economic impact that the rule changes may have on the small entities
which are impacted. On balance, the Commission believes that the
economic impact on small entities will be positive rather than
negative, and that the rule changes move to streamline the part 25
requirements.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
10. Pursuant to the Small Business Jobs Act of 2010, the Commission
is required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration, and to provide a
detailed statement of any change made to the proposed rules as a result
of those comments. The Chief Counsel did not file any comments in
response to the proposed rules in this proceeding.
Description and Estimate of the Number of Small Entities to Which the
Rules May Apply
11. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of, the number of small entities that may
be affected by the rules adopted herein.\5\ The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \6\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\7\ A small
[[Page 8310]]
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).\8\ Below, we describe and estimate the number of small entity
licensees that may be affected by the adopted rules.
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\5\ 5 U.S.C. 604(a)(3).
\6\ 5 U.S.C. 601(6).
\7\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\8\ Small Business Act, 15 U.S.C. 632 (1996).
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Satellite Telecommunications and All Other Telecommunications
12. The rules adopted in this Order will affect some providers of
satellite telecommunications services, if adopted. Satellite
telecommunications service providers include satellite and earth
station operators. Since 2007, the SBA has recognized two census
categories for satellite telecommunications firms: ``Satellite
Telecommunications'' and ``Other Telecommunications.'' Under the
``Satellite Telecommunications'' category, a business is considered
small if it had $15 million or less in average annual receipts.\9\
Under the ``Other Telecommunications'' category, a business is
considered small if it had $25 million or less in average annual
receipts.\10\
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\9\ See 13 CFR 121.201, NAICS code 517410.
\10\ See 13 CFR 121.201, NAICS code 517919.
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13. The first category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing point-to-point
telecommunications services to other establishments in the
telecommunications and broadcasting industries by forwarding and
receiving communications signals via a system of satellites or
reselling satellite telecommunications.'' \11\ For this category,
Census Bureau data for 2007 show that there were a total of 512
satellite communications firms that operated for the entire year.\12\
Of this total, 464 firms had annual receipts of under $10 million, and
18 firms had receipts of $10 million to $24,999,999.\13\
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\11\ U.S. Census Bureau, 2007 NAICS Definitions, ``517410
Satellite Telecommunications.''
\12\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
\13\ Id.
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14. The second category of Other Telecommunications is comprised of
entities ``primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing Internet services or voice over Internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry.'' \14\ For this
category, Census Bureau data for 2007 show that there were a total of
2,383 firms that operated for the entire year.\15\ Of this total, 2,346
firms had annual receipts of under $25 million.\16\ We anticipate that
some of these ``Other Telecommunications firms,'' which are small
entities, are earth station applicants/licensees that might be affected
if our proposed rule changes are adopted.
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\14\U.S. Census Bureau, 2007 NAICS Definitions, ``517919 Other
Telecommunications,'' http://www.census.gov/naics/2007/def/ND517919.HTM.
\15\ See 13 CFR 121.201, NAICS code 517919.
\16\ U.S. Census Bureau, 2007 Economic Census, Subject Series:
Information, Table 5, ``Establishment and Firm Size: Employment Size
of Firms for the United States: 2007 NAICS Code 517919'' (issued
Nov. 2010).
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15. We anticipate that our proposed rule changes may have an impact
on earth and space station applicants and licensees. Space station
applicants and licensees, however, rarely qualify under the definition
of a small entity. Generally, space stations cost hundreds of millions
of dollars to construct, launch and operate. Consequently, we do not
anticipate that any space station operators are small entities that
will be affected by our proposed actions.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
16. The rule changes adopted in this Order will affect reporting,
recordkeeping and other compliance requirements for earth and space
station operators. Most proposed changes, as described below, will
decrease the regulatory burden for all businesses operators in the
affected industries, especially firms that hold licenses to operate
earth stations. Therefore, small entities in these industries will
experience a decrease in regulatory burden of reporting, recordkeeping,
and compliance as a result of most of the changes adopted in this
Order.
17. First, the revisions simplify information collections in
applications for earth station licensees, and increase the number of
earth station applications eligible for routine processing. For
example, we extend eligibility to use the simplified Form 312EZ and the
autogrant procedure for routine applications for 20/30 GHz earth
stations that will communicate via geostationary satellites previously
coordinated with Federal-government systems pursuant to Footnote
US334.\17\ The revised rules further allow routine licensing of earth
stations transmitting analog command signals of up to 1 megahertz in
bandwidth. The revision also eliminates requirements to submit certain
technical information in space station applications, to provide
technical interference analysis, and to submit information to both the
International Bureau and the Columbia Operations Center. These changes
reduce the burden of compliance.
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\17\ 47 CFR 2.106, Footnote US334 requires coordination between
Federal space and terrestrial systems and non-Federal space and
terrestrial systems operating in certain frequency bands.
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18. We codify Commission practice of granting a single earth
station license covering multiple antennas located close to each other.
Additionally, we revise the rules to allow earth station applicants to
certify antenna performance, rather than having to submit a certificate
from the manufacturer. We also clarify that routine blanket earth
station licensing requirements apply to individual earth station
applications. We clarify the requirements for routine processing of 12/
14 GHz Very Small Aperture Terminals (VSAT) networks. Finally, we adopt
the industry-developed standard for Automatic Transmitter
Identification System (ATIS) signals for digital video uplinks, while
allowing analog uplink operators a choice of methods for ATIS signals.
19. The revisions also streamline and reorganize the rules to
facilitate improved compliance. For example, we replace the various
band-specific use restrictions and labeling requirements for Mobile-
Satellite Service transceivers or Ancillary Terrestrial Component (ATC)
terminals aboard civil aircraft with a uniform aircraft-use restriction
and associated warning-label requirement. We also combine definitions
currently scattered throughout part 25 into a consolidated definitions
section, we add definitions for previously undefined terms, and we
clarify the text of many definitions and standardize their use.
Throughout part 25, we improve the language and organization of the
rules to ease compliance.
[[Page 8311]]
20. Together, these changes reduce the reporting and recordkeeping
burden, and make the rules easier to understand and follow. These
changes will decrease compliance costs for all businesses in the
affected industries, including the small entities regulated under part
25.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
21. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rules for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.'' \18\
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\18\ 5 U.S.C. 603(c)(1)-(c)(4).
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22. The Commission is aware that some of the revisions may impact
small entities. The NPRM sought comment from all interested parties,
and small entities were encouraged to bring to the Commission's
attention any specific concerns they may have with the proposals
outlined in the NPRM. No commenters raised any specific concerns about
the impact of the revisions on small entities. This order adopts rule
revisions to modernize the rules and advance the satellite industry.
The revisions eliminate unnecessary technical and information filing
requirements, and reorganize and simplify existing requirements to make
them easier to understand and follow. All of these revisions lessen the
burden of compliance on small entities with more limited resources than
larger entities.
23. The changes for earth station licensing will create more
opportunities for routine licensing and allow for more liberal blanket
licensing of earth stations. Each of these changes will lessen the
burden in the licensing process. Earth station operators may experience
an additional burden from reinforced reporting requirements for 24/7
contact points for interference or emergency situations, a burden that
was always required, but is more clearly articulated. However, the
revisions also allow this requirement to replace a requirement for more
specific TT&C information, so some of that additional burden is offset.
Earth station operators may also experience increased burden from
revisions to rules concerning ATIS requirements. Specifically, the
transition to the newly adopted ATIS standard could impose burdens.
However, the uniform ATIS format will also reduce the costs, by
modernizing the standard governing ATIS signals, making it appropriate
for more spectrum-efficient digital transmissions, and by standardizing
ATIS signals and reducing the burden imposed by having to cope with
multiple formats. Thus, the proposed revisions will ultimately lead to
benefits for small earth station operators in the long-term.
24. Report to Congress: The Commission will send a copy of this
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act.\19\ In addition, the
Commission will send a copy of this Order, including this FRFA, to the
Chief Counsel for Advocacy of the SBA. A copy of this Report and Order
and FRFA (or summaries thereof) will also be published in the Federal
Register.\20\
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\19\ See 5 U.S.C. 801(a)(1)(A).
\20\ See 5 U.S.C. 604(b).
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Ordering Clauses
25. 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), and
303(r), that this Report and Order is adopted, the policies, rules and
requirements discussed herein are adopted, and part 25 of the
Commission's rules is amended as set forth in Appendix B.
26. It is further ordered that all policies, rules, rule parts and
requirements adopted or amended herein, including all rules that
contain new information collection requirements that require approval
by the Office of Management and Budget under the Paperwork Reduction
Act, shall be effective upon the same date, which will be designated in
a document published in the Federal Register. That Public Notice will
not be published until the Office of Management and Budget (OMB) has
approved those rule revisions adopted in this Report and Order that
impose new or changed information collection requirements, and such
approval will be noted in that Public Notice.
27. It is further ordered that the International Bureau is
delegated authority to issue documents consistent with this Report and
Order.
28. It is further ordered that the International Bureau will issue
a document announcing the effective date for all of the changes adopted
in this Report and Order.
29. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, will send a
copy of this Order, including the Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 25
Automatic transmitter identification, Communications common
carriers, Definitions, Earth stations, Incorporation by reference,
Reporting, Space stations.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
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, 705, and 721 of the Communications Act, as
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, 605, and
721, unless otherwise noted.
0
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 portion 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 (17/24 GHz BSS). A
[[Page 8312]]
radiocommunication service involving transmission from one or more
feeder-link earth stations to other earth stations via geostationary
satellites, in the 17.3-17.7 GHz (space-to-Earth) (domestic
allocation), 17.3-17.8 GHz (space-to-Earth) (international allocation)
and 24.75-25.25 GHz (Earth-to-space) bands. For purposes of the
application processing provisions of this part, the 17/24 GHz BSS is a
GSO-like service. Unless specifically stated otherwise, 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 Fixed-Satellite Service space-
to-Earth band and the 28.35-30.0 GHz Fixed-Satellite Service Earth-to-
space band.
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.
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.
Blanket license. A license for multiple fixed or mobile earth
stations or SDARS terrestrial repeaters that may be operated anywhere
within a geographic area specified in the license, or for multiple non-
geostationary-orbit space stations.
C band. As used in this part, the terms ``C band'' and
``conventional C band'' refer 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 bidirectionally 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 (DBS) Service. A radiocommunication
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
geostationary-orbit Fixed-Satellite Service space stations.
Earth Stations Aboard Aircraft (ESAA). Earth stations operating
aboard aircraft that receive from and transmit to geostationary-orbit
Fixed-Satellite Service space stations and operate within the United
States pursuant to the requirements in Sec. 25.227.
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 diameter. When circular aperture reflector antennas are
employed, the size of the antenna is generally expressed as the
diameter of the antenna's main reflector. When non-reflector or non-
circular-aperture antennas are employed, the equivalent diameter is the
diameter of a hypothetical circular-aperture antenna with the same
aperture area as the actual antenna. For example, an elliptical
aperture antenna with major axis a and minor axis b will have an
equivalent diameter of [a x b]1/2. A rectangular aperture
antenna with length l and width w will have an equivalent diameter of
[4(l x w)/[pi]]1/2.
Equivalent Power Flux Density (EPFD). The sum of the power flux
densities produced at a geostationary-orbit 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 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] TR12FE14.001
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;
[thetas]i is the off-axis angle between the boresight of the
transmit station considered in the non-geostationary orbit system
and the direction of the GSO receive station;
Gt([thetas]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;
di is the distance in meters between the transmit station considered
in the non-geostationary orbit system and the GSO receive station;
[phis]i is the off-axis angle between the boresight of the antenna
of the GSO receive station and the direction of the ith transmit
station considered in the non-geostationary orbit system;
Gr([thetas]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;
Gr,max is the maximum gain (as a ratio) of the antenna of
the GSO receive station.
Extended Ku band. As used in this part, the term ``extended Ku
band'' refers to the 10.7-11.7 GHz (space-to-Earth), 12.75-13.25 GHz
(Earth-to-space), and 13.75-14.0 GHz (Earth-to-space) Fixed-Satellite
Service bands.
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 radiocommunication 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 (FSS). A radiocommunication 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
[[Page 8313]]
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 radiocommunication services. (RR)
Geostationary-orbit (GSO) 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.
Inter-Satellite Service. A radiocommunication service providing
links between artificial earth satellites.
Ku band. In this rule part, the terms ``Ku band'' and
``conventional Ku band'' refer to the 11.7-12.2 GHz (space-to-Earth)
and 14.0-14.5 GHz (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 (MSS). (1) A radiocommunication service:
(i) Between mobile earth stations and one or more space stations,
or between space stations used by this service; or
(ii) Between mobile earth stations, by means of one or more space
stations.
(2) This service may also include feeder links necessary for its
operation. (RR)
NGSO. Non-geostationary orbit.
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 system. A gateway earth station in the
NGSO FSS:
(1) Does not originate or terminate radiocommunication 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 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 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 band, the conventional Ku band, or the 18.3-18.8
GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz 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 band, conventional Ku band, or 18.3-18.8 GHz, 19.7-20.2
GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands.
Power flux density (PFD). The amount of power flow through a unit
area within a unit bandwidth. The units of power flux density are those
of power spectral density per unit area, namely watts per hertz per
square meter. These units are generally expressed in decibel form as
dB(W/Hz/m\2\), dB(W/m\2\) in a 4 kHz band, or dB(W/m\2\) in a 1 MHz
band.
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/MHz) 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, areas around 20/30
GHz NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz Mobile-
Satellite Service determined in the manner specified in Sec.
25.203(j).
Radiodetermination-Satellite Service. A radiocommunication service
for the purpose of radiodetermination 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-orbit satellites that satisfy the criteria in Sec.
25.134(a), Sec. 25.134 (g), Sec. 25.138(a), Sec. 25.211(d), Sec.
25.212(c), Sec. 25.212(d), Sec. 25.212(f), Sec. 25.218, or Sec.
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 radiocommunication
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 and telemetry, tracking and command 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 pattern of which can be modified at any time without
physically repositioning a satellite antenna reflector.
Spacecraft. A man-made vehicle which is intended to go beyond the
major portion of the Earth's atmosphere. (RR)
Space radiocommunication. Any radiocommunication 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
[[Page 8314]]
radiocommunication for specific purposes. (RR)
Terrestrial radiocommunication. Any radiocommunication other than
space radiocommunication or radio astronomy. (RR)
Terrestrial station. A station effecting terrestrial
radiocommunication.
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.
0
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.
* * * * *
(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, including due diligence information, pursuant to
the Radio Regulations of the International Telecommunication Union. No
protection from interference caused by radio stations authorized by
other Administrations is guaranteed unless ITU procedures are timely
completed or, with respect to individual Administrations, coordination
agreements are successfully completed. A license for which such
procedures have 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
applicant or licensee 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 application file in the IBFS database, and
a paper copy must be mailed to the International Bureau, Satellite
Division. The filing must reference the call sign and name of the
international satellite system 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 until the
ITU cost-recovery responsibility is discharged. The applicant or
licensee must remit payment of any resultant cost-recovery fee to the
ITU by the due date specified in the ITU invoice, unless an appeal is
pending with the ITU that was filed prior to the due date. A license
granted in reliance on such a commitment will be conditioned upon
discharge of any such cost-recovery obligation.
Where an applicant or licensee has an overdue ITU cost-recovery fee
and does not have an appeal pending with the ITU, the Commission will
dismiss any application associated with that satellite network.
0
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. 25.157 or Sec. 25.158.
* * * * *
0
5. In Sec. 25.113, revise the section heading and paragraph (a), add
paragraph (b), remove and reserve paragraphs (c), (d), and (e), and
revise paragraphs (f) and (h) to read as follows:
Sec. 25.113 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.
* * * * *
(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) Operators of NGSO satellite systems licensed by the Commission
need not file separate applications to operate technically identical
in-orbit spares launched pursuant to a blanket license granted under
Sec. 25.114(a). However, the licensee must notify the Commission
within 30 days of bringing the in-orbit spare into operation and
certify that its activation has not increased the number of operating
space stations above the number previously authorized and that the
licensee has determined by measurement that the activated spare is
operating within the terms of the license.
Sec. 25.114 [Amended]
0
6. Amend Sec. 25.114 as follows:
0
a. Revise paragraph (a);
0
b. Revise paragraphs (c)(4) through (c)(8), (c)(10), (c)(11), and
(c)(13);
0
c. Remove and reserve paragraphs (c)(9) and (c)(12);
0
d Revise paragraph (d)(1);
0
e. Remove and reserve paragraphs (d)(2) through (d)(5);
0
f. Revise paragraphs (d)(7) and (d)(10) through (d)(13);
0
g. Add a new sentence at the end of paragraph (d)(14)(iv);
0
h. Add paragraph (d)(14)(v); and
[[Page 8315]]
0
i. Remove paragraph (e).
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 each of the center frequencies within
a 5 MHz range or a range of 2 percent of the assigned 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 maximum EIRP and maximum EIRP density for each space
station transmitting antenna beam. If the satellite uses shapeable
antenna beams, as defined in Sec. 25.103, specify instead 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. For
bands below 15 GHz, specify EIRP density in dBW/4 kHz; for bands at and
above 15 GHz, specify EIRP density in dBW/MHz. 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 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 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 relative antenna gain isoline.
Provide this information for each frequency band in which the receiving
beam can operate. For command beams, specify the beam peak flux density
at the command threshold;
(vi)(A) For space stations in geostationary orbit, specify
predicted space station antenna gain contour(s) for each transmit and
receive antenna beam, 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. Applicants must present this information in a
GIMS-readable format.
(B) For space stations in non-geostationary orbits, specify for
each unique orbital plane the predicted antenna gain contour(s) for
each transmit and receive antenna beam for one space station if all
space stations are identical in the constellation. If individual space
stations in the constellation have different antenna beam
configurations, specify the predicted antenna gain contours for each
transmit and receive beam for each space station type and orbit or
orbital plane requested. The contours should be plotted on an area map
with the beam depicted on the surface of the earth with the space
stations' peak antenna gain pointed at nadir to a latitude and
longitude within the proposed service area. The contour(s) should be
plotted 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. For
intersatellite links, specify the peak antenna gain and 3 dB beamwidth.
(C) For space stations with shapeable antenna beams, specify the
contours, as defined in paragraph (c)(4)(vi)(A) or (B) of this section,
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 relative antenna gain
isoline. The proposed maximum coverage area must be clearly specified.
(D) For space stations with steerable beams that are not shapeable,
specify the applicable contours, as defined in paragraph(c)(4)(vi)(A)
or (B) of this section, with a description of the area that the
steerable beam(s) is expected to serve, or provide the contour
information described in paragraph (c)(4)(vi)(C) of this section.
(vii) For geostationary 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) of this section with respect to these beams, provide the
predicted antenna gain contours for one transmit and receive antenna
beam, together with one of the following:
(A) An area map showing all of the spot beams depicted on the
surface of the Earth;
(B) A table identifying the maximum antenna gain point(s) in
latitude and longitude to the nearest 0.1 degree; or
(C) A map of the isolines formed by combining all of the spot beams
into one or more composite beams. For non-geostationary satellites with
large numbers of identical fixed beams on each satellite, applicants
may, as an alternative to submitting the information described in
paragraph (c)(4)(vi) of this section with respect to those beams,
specify the predicted antenna gain contours for one transmit and
receive beam pointed to nadir, together with an area map showing all of
the spot beams depicted on the surface of the earth with the
satellites' peak antenna gain pointed to a selected latitude and
longitude within the service area.
(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 orbital planes and the number of space stations
in each plane,
(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 service, and coverage areas;
(8) Calculated maximum power flux density levels within each
coverage area and energy dispersal bandwidths, if any,
[[Page 8316]]
needed for compliance with Sec. 25.208, for the angles of arrival
specified in the applicable paragraph(s) of Sec. 25.208;
* * * * *
(10) Estimated operational lifetime;
(11) Whether the space station is to be operated on a common
carrier basis;
* * * * *
(13) The polarization information necessary for determining
compliance with Sec. 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 would be
connected to downlink frequency bands;
* * * * *
(7) Applicants for authorizations for space stations in the Fixed-
Satellite Service must also include the information specified in Sec.
25.140(a). 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);
* * * * *
(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;
(12) Applications for authorizations in the non-geostationary orbit
Fixed-Satellite Service in the 10.7-14.5 GHz bands must also provide
all information specified in Sec. 25.146.
(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.
(14) * * *
(iv) * * * 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.
(v) For non-U.S.-licensed space stations, the requirement to
describe the design and operational strategies to minimize orbital
debris risk can be satisfied by demonstrating that debris mitigation
plans for the space station(s) for which U.S. market access is
requested are subject to direct and effective regulatory oversight by
the national licensing authority.
* * * * *
0
7. In Sec. 25.115, revise paragraphs (a)(2), (a)(3), and (d), and add
paragraphs (j) and (k) to read as follows:
Sec. 25.115 Applications for earth station authorizations.
(a) * * *
(2) Applicants for licenses for transmitting earth stations in the
Fixed-Satellite Service may file on FCC Form 312EZ if all of the
following criteria are met:
(i) The application is for a single station that will transmit to
an FSS GSO space station, or stations, in the 5925-6425 MHz band, or
for single or multiple stations that will transmit to an FSS GSO space
station, or stations, in the 14.0-14.5 GHz, 28.35-28.6 GHz, and/or
29.5-30.0 GHz band;
(ii) The earth station(s) will not be installed or operated on
ships, aircraft, or other moving vehicles;
(iii) 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;
(iv) If the station(s) 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;
(v) If the station(s) 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(s) will transmit in the 28.35-28.6 GHz and/or 29.5-30.0 GHz
band, off-axis EIRP density will not exceed the levels specified in
Sec. 25.138(a);
(vi) Operation of the proposed station has been successfully
coordinated with terrestrial systems, if the station would transmit in
the 5925-6425 MHz band;
(vii) The applicant has provided an environmental impact statement
pursuant to Sec. 1.1311 of this chapter, if required; and
(viii) The applicant does not propose to communicate via non-U.S.-
licensed satellites not on the Permitted Space Station List.
(ix) If the proposed station(s) will transmit in the 28.35-28.6 GHz
and/or 29.5-30 GHz bands, the applicant is proposing to communicate
only via satellites for which coordination has been completed pursuant
to Footnote US334 of the U.S. Table of Frequency Allocations with
respect to Federal Government systems authorized on a primary basis,
under an agreement previously approved by the Commission and the
National Telecommunications and Information Administration, and the
applicant certifies that it will operate consistently with the
agreement.
(3) Unless the Commission orders otherwise, an application filed on
FCC 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 public 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. (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 18.3-18.8
GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and/or 29.25-30.0 GHz band 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
[[Page 8317]]
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 of this chapter.
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.
(k)(1) Applicants for Fixed-Satellite Service earth stations that
qualify for routine processing in the C, Ku, or 20/30 GHz band,
including ESV applications filed pursuant to Sec. 25.222(a)(1) or
(a)(3), VMES applications filed pursuant to Sec. 25.226(a)(1) or
(a)(3), and ESAA applications filed pursuant to Sec. 25.227(a)(1) or
(a)(3), may designate the 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 Permitted Space
Station List, provided that the operation is consistent with the
technical parameters and conditions established in the earth station
license and any limitations placed on the space station authorization
or noted in the Permitted Space Station List.
(2) Notwithstanding paragraph (k)(1) of this section, the operator
of an earth station that qualifies for routine processing in the 20/30
GHz bands may not communicate with a space station on the Permitted
Space Station List in the 18.3-18.8 GHz or 19.7-20.2 GHz band until the
space station operator has completed coordination under Footnote US334
to Sec. 2.106 of this chapter.
0
8. Section 25.118 is amended as follows:
0
a. Revise paragraph (a)(2)(i);
0
b. Revise the paragraph heading in paragraph (e);
0
c. Revise paragraphs (e)(5) and (e)(8); and
0
d. Add paragraph (f).
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) Relocation of GSO space stations. * * *
* * * * *
(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
Radiocommunication Bureau.
* * * * *
(f) Repositioning of NGSO space stations. A licensee may reposition
NGSO space stations within an authorized orbital plane without prior
Commission approval, provided the licensee notifies the Commission of
the repositioning 10 days in advance by electronic filing on Form 312
in the International Bureau Filing System. The notification must
specify all changes in previously authorized parameters and must
certify the following:
(1) The licensee will continue to comply with the conditions of the
space station license and all applicable Commission rules, including
geographic coverage requirements, after the repositioning;
(2) The repositioning will not increase risk of harmful
interference to other systems not permitted by coordination agreements;
(3) The licensee will not request increased interference protection
because of the repositioning;
(4) The licensee will monitor collision risk during the maneuver
and take any necessary evasive measures.
(5) Any change of orbital altitude entailed by the repositioning
will not exceed 10 kilometers in extent or 30 days in duration and the
licensee has notified, or will notify, the operator(s) of any satellite
within 20 kilometers of the interim orbit at least 10 days before
commencing the repositioning maneuver.
0
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 notifies the Commission pursuant to Sec. 25.173(b) that the
space station has been successfully placed into orbit at its assigned
orbital location and that its operations 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
notifies the Commission pursuant to Sec. 25.173(b) that operation of
an initial space station is compliant with the license terms and
conditions and that the space station has been placed in its authorized
orbit. Operating authority for all space stations subsequently brought
into service pursuant to the license will terminate upon its
expiration.
* * * * *
0
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 test data necessary to demonstrate
compliance with pertinent performance standards in Sec. 25.138, Sec.
25.202(f), Sec. 25.204, Sec. 25.209, and Sec. 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).
* * * * *
0
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.
* * * * *
(g) Parties may apply for a single FSS earth station license under
one call sign covering operation of multiple transmitting antennas not
eligible for blanket licensing under another section of this part, in
the following circumstances:
(1) The antennas would transmit in frequency bands shared with
terrestrial services on a co-primary basis and the antennas would be
sited within an area bounded by 1 second of latitude and 1 second of
longitude.
(2) The antennas would transmit in frequency bands allocated to FSS
on a primary basis and there is no co-primary allocation for
terrestrial services, and the antennas would be sited within an area
bounded by 10 seconds of latitude and 10 seconds of longitude.
Note to paragraph (g): This paragraph does not apply to
applications filed pursuant to Sec. Sec. 25.134, 25.138, 25.221,
25.222, 25.226, or 25.227 or to applications for 29 GHz NGSO
[[Page 8318]]
MSS feeder link stations in a complex as defined in Sec. 25.257.
0
12. In Sec. 25.131, revise the section heading and paragraphs (a),
(b), (d), and (j)(2) to read as follows:
Sec. 25.131 Filing requirements and registration for receive-only
earth stations.
(a) Except as provided in paragraphs (b) and (j) of this section,
applications for licenses for receive-only earth stations shall be
submitted on FCC Form 312, Main Form and Schedule B, accompanied by any
required exhibits and the information described in Sec. 25.130(a)(1)
through (a)(5). Such applications 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.
(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).
* * * * *
(d) Applications for registration must be filed on FCC Form 312,
Main Form and Schedule B, accompanied by the coordination exhibit
required by Sec. 25.203 and any other required exhibits.
* * * * *
(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.
0
13. In Sec. 25.132, revise paragraphs (a), (b)(1), (b)(3), and
paragraph (d) introductory text 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 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
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 the test
results demonstrate that the equipment meets the off-axis gain
standards in Sec. 25.209, measured in accordance with paragraph (b)(1)
of this section. The licensee must be prepared to submit the radiation
pattern measurements to the Commission on request.
(2) Applications for transmitting GSO FSS earth stations operating
in the 20/30 GHz band must include the antenna measurements specified
in Sec. Sec. 25.138(d) and (e). Applications for transmitting NGSO FSS
earth stations operating in the 20/30 GHz band must include the antenna
measurements specified in Sec. 25.138(d).
(b)(1) For purposes of paragraph (a)(1) of this section, the
following measurements on a production antenna performed on calibrated
antenna range, as a minimum, must be made at the bottom, middle and top
of each allocated frequency band:
(i) Co-polarized patterns in the E- and H-planes for linear-
polarized antennas or in two orthogonal cuts for circularly-polarized
antennas:
(A) In the azimuth plane, plus and minus 7 degrees and plus and
minus 180 degrees from beam peak.
(B) In the elevation plane, 0 to 45 degrees from beam peak.
(ii) Cross-polarization patterns in the E- and H-planes for linear-
polarized antennas or in two orthogonal cuts for circularly-polarized
antennas, plus and minus 9 degrees from beam peak.
(iii) Main beam gain.
* * * * *
(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. 25.218, Sec. 25.220, Sec.
25.221, Sec. 25.222, Sec. 25.223, Sec. 25.226, or Sec. 25.227 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),
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.
* * * * *
0
14. In Sec. 25.133, revise the first sentence of paragraph (a)(1), the
first sentence of paragraph (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 blanket license for multiple earth stations at
unspecified locations 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 or
modified license authorizing operation of an additional transmitting
antenna, except for blanket licenses, will also specify as a condition
therein that upon completion of 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 applicable pattern specified in Sec. 25.209 or
other authorized pattern;
* * * * *
0
15. In Sec. 25.134, remove and reserve paragraph (a)(1) and revise
paragraphs (b), (e), (f), (g), and (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.
* * * * *
(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
requirements 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
[[Page 8319]]
following requirements will be routinely processed:
(1) Equivalent antenna diameter is 1.2 meters or more and the
application includes certification of conformance with relevant antenna
performance standards in Sec. 25.209 pursuant to Sec. 25.132(a)(1).
(2) The maximum transmitter power spectral density of a digital
modulated carrier into any GSO FSS earth station antenna does not
exceed -14.0 - 10log(N) dB(W/4 kHz). For a VSAT network using a
frequency division multiple access (FDMA) or a time division multiple
access (TDMA) technique, N is equal to one. For a VSAT network using a
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 does not exceed 10 dB(W/4kHz) for all
methods of modulation and accessing techniques.
(4) 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.
(5) The maximum transmitter power spectral density of an analog
carrier into any GSO FSS earth station antenna does not exceed -8.0
dB(W/4kHz) and the maximum GSO FSS satellite EIRP spectral density does
not exceed +17.0 dB(W/4kHz).
(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.
0
16. In Sec. 25.135, revise the section heading, remove and reserve
paragraph (b), revise paragraph (c) to read as set forth below, and
remove paragraph (d):
Sec. 25.135 Licensing provisions for earth station networks in the
non-voice, non-geostationary Mobile-Satellite Service.
* * * * *
(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]
0
17. Remove and reserve Sec. 25.136.
0
18. In Sec. 25.138, revise the section heading and paragraph (a)
introductory text, remove and reserve paragraph (a)(5), and revise
paragraphs (b), (d), (e), (f), and (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 indicate that the following requirements will be met and include
the information required by paragraph (d) of this section will be
routinely processed:
* * * * *
(b) An applicant proposing levels in excess of those specified in
paragraph (a) of this section must certify that operators of all co-
frequency GSO FSS space stations within 6 degrees of the proposed
satellite point(s) of communication are aware of the applicant's
proposal to operate with the higher power densities and have stated
that they have no objection to such operation.
* * * * *
(d)(1) Except as provided in paragraph (d)(2) of this section, 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 in the E- and H-planes for linear-
polarized antennas or in two orthogonal planes for circularly-polarized
antennas:
(A) In the azimuth plane, plus and minus 10 degrees and plus and
minus 180 degrees from beam peak.
(B) In the elevation plane, 0 to 30 degrees.
(ii) Cross-polarization patterns in the E- and H-planes for linear-
polarized antennas or in two orthogonal planes for circularly-polarized
antennas, plus and minus 10 degrees from beam peak.
(iii) Main beam gain.
(2) For antennas more than 3 meters in diameter that will only be
assembled on-site, on-site measurements may be submitted. If on-site
data is to be submitted, 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. Certification that the on-site
testing 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 service
provided by that licensee or provided by another party with the blanket
licensee's consent. Space station operators may not transmit
communications to or from user transceivers in the United States in the
18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz band
unless such communications are authorized under an FCC earth station
license.
(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.
0
19. Section 25.140 is amended as follows:
0
a. Revise the section heading;
0
b. Add paragraph (a);
0
c. Remove and reserve paragraphs (b)(1) and (2);
0
d. In paragraphs (b)(3), (b)(4)(i) through (iii), and (b)(5) remove the
words ``paragraph (b)(2)'' and replace them with the words ``paragraph
(a)''
Sec. 25.140 Further requirements for license applications for
geostationary space stations in the Fixed-Satellite Service and the 17/
24 GHz Broadcasting-Satellite Service.
(a) In addition to the information required by Sec. 25.114,
applicants for geostationary-orbit FSS space stations 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.)
[[Page 8320]]
(b) Each applicant for a license for a 17/24 GHz Broadcasting-
Satellite Service space station must provide the following information,
in addition to that required by Sec. 25.114:
* * * * *
Sec. 25.142 [Amended]
0
20. In Sec. 25.142, remove and reserve paragraph (c) and remove
paragraph (e).
0
21. In Sec. 25.143, revise paragraph (b)(1) to read as set forth
below, remove and reserve paragraphs (d) and (e), and remove paragraphs
(i), (j) and (k):
Sec. 25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite
Service and 2 GHz Mobile-Satellite Service.
* * * * *
(b) * * * (1) General Requirements. Each application for a space
station system authorization in the 1.6/2.4 GHz Mobile-Satellite
Service or 2 GHz Mobile-Satellite Service must include the information
specified in Sec. 25.114. Applications for non-U.S.-licensed systems
must comply with the provisions of Sec. 25.137.
* * * * *
Sec. 25.144 [Amended]
0
22. In Sec. 25.144, remove paragraph (a)(3)(iii) and remove and
reserve paragraph (c).
0
23. In Sec. 25.145, remove and reserve paragraphs (a) and (f)(1),
revise paragraph (g) to read as set forth below, and remove paragraph
(i):
Sec. 25.145 Licensing provisions for the Fixed-Satellite Service in
the 20/30 GHz bands.
* * * * *
(g) Protection from interference from terrestrial operation in the
18.3 to 19.3 GHz band. Fixed-Satellite Service operators are entitled
to protection from harmful interference from terrestrial stations
operating in this frequency band. See Sec. Sec. 21.901(e), 74.502(c),
74.602(g), 78.18(a)(4), and 101.147(r) of this chapter.
* * * * *
Sec. 25.146 [Amended]
0
24. In Sec. 25.146, revise the section heading to read as set forth
below, remove and reserve paragraphs (c), (k), and (l), and remove
paragraph (n):
Sec. 25.146 Licensing and operating rules for the non-geostationary
orbit Fixed-Satellite Service in the 10.7 GHz-14.5 GHz bands.
* * * * *
0
25. In Sec. 25.153, revise paragraph (a) to read as follows:
Sec. 25.153 Repetitious applications.
(a) Where an application has been denied or dismissed with
prejudice, the Commission will not consider a like application
involving service of the same kind to the same area by the same
applicant, or by its successor or assignee, or on behalf of or for the
benefit of any of the original parties in interest, until after the
lapse of 12 months from the effective date of the Commission's action.
* * * * *
0
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.
0
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
* * * * *
0
28. In Sec. 25.164, revise paragraphs (a)(4), (b)(4), (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, must either submit a copy of a binding non-
contingent satellite construction contract with the Commission or
notify the Commission in writing that they have not entered into such a
contract, no later than 15 days after the milestone date for entering
into such a contract.
(d) Licensees of all satellite systems, other than DBS and DARS
satellite systems, must either submit information to the Commission
sufficient to demonstrate that the licensee has completed the critical
design review of the licensed satellite system or notify the Commission
in writing that critical design review has not been completed, no later
than 15 days after the milestone date for completion of such design
review.
(e) Licensees of all satellite systems, other than DBS and DARS
satellite systems, must either submit information to the Commission
sufficient to demonstrate that the licensee has commenced physical
construction of its licensed spacecraft or notify the Commission in
writing that such construction has not commenced, no later than 15 days
after the milestone date for such commencement.
(f) Licensees of all satellite systems, other than DBS and SDARS
systems, must either demonstrate compliance with an applicable deadline
for operation or launch and operation specified in paragraph (a) or (b)
of this section or notify the Commission in writing that launch and
commencement of operation has not occurred, no later than 15 days after
the deadline. Compliance with a milestone requirement in paragraph
(a)(4), (b)(4), or (b)(5) of this section may be demonstrated by
certifying pursuant to Sec. 25.121(d) that the space station, or
[[Page 8321]]
stations, has, or 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 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.
0
29. Add an undesignated center heading ``Reporting Requirements For
Space Station Operators'' to subpart B immediately following Sec.
25.165.
0
30. Add Sec. 25.170 to read as follows:
Sec. 25.170 Annual reporting requirements.
All operators of U.S.-licensed space stations and operators of non-
U.S.-licensed space stations granted U.S. market access must, on June
30 of each year, file a report with the International Bureau containing
the following information:
(a) Identification of any space station(s) not available for
service or otherwise not performing to specifications as of May 31 of
the current year, 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 when the space station was
taken out of service or the malfunction was identified; and
(b) 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 emergency 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.
(c) Construction progress and anticipated launch dates for
authorized replacement satellites.
Note to Sec. 25.170: Space station operators may also be
subject to outage reporting requirements in part 4 of this chapter.
0
31. Add Sec. 25.171 to read as follows:
Sec. 25.171 Contact information reporting requirements.
If contact information filed in space station application or
pursuant to Sec. 25.170(b) or Sec. 25.172(a)(1) changes, the operator
must file corrected information electronically in the Commission's
International Bureau Filing System (IBFS), in the ``Other Filings'' tab
of the station's current authorization file. The operator must file the
updated information within 10 days.
0
32. Add Sec. 25.172 to read as follows:
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 operation with the space station, or, in
the case of a non-U.S.-licensed space station, prior to commencing
operation with U.S. earth stations.
(1) The information required by Sec. 25.170(b).
(2) The call signs of any telemetry, tracking, and command 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 command earth station that communicates with the space station from
any point outside the United States.
(4) Alternatively, instead of listing the call signs and/or
locations of earth stations currently used for telemetry, tracking, and
command, the space station operator may provide 24/7 contact
information for a satellite control center and a list of the call signs
of any U.S. earth stations, and the locations of any non-U.S. earth
stations, that are used or may be used for telemetry, tracking, and
command communication with the space station(s) in question.
(b) The information required by paragraph (a) of this section must
be filed electronically in the Commission's International Bureau Filing
System (IBFS), in the ``Other Filings'' tab of the space station's
current authorization file. If call sign or location information
provided pursuant to paragraph (a) of this section becomes invalid due
to a change of circumstances, the space station operator must file
updated information in the same manner within 30 days, except with
respect to changes less than 30 days in duration, for which no update
is necessary.
0
33. Add Sec. 25.173 to read as follows:
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) 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 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 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. If the licensee files a certification pursuant to
this paragraph 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 and that the
station's measured performance is consistent with the station
authorization.
Sec. 25.201 [Removed and Reserved]
0
34. Remove and reserve Sec. 25.201.
0
35. In Sec. 25.202, revise the section heading, remove and reserve
paragraph (c), and revise the first sentence in paragraph (g) to read
as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
* * * * *
(g) Telemetry, tracking and command functions must be conducted at
either or both edges of the allocated band(s). * * *
* * * * *
0
36. In Sec. 25.203, revise the first sentence in paragraph (f), the
first sentence in paragraph (i) introductory text, and the second
sentence of paragraph (i)(1) to read as follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(f) Notification to the National Radio Astronomy Observatory: In
order to minimize possible harmful interference at the National Radio
Astronomy Observatory site at Green Bank, Pocahontas County, W. Va.,
and at the Naval Radio Research Observatory site at Sugar Grove,
Pendleton County, W. Va., any applicant for operating authority under
this part for a new station, other than a mobile or
[[Page 8322]]
temporary fixed station, within the area bounded by 39[deg]15' N. on
the north, 78[deg]30' W. on the east, 37[deg]30' N. on the south and
80[deg]30' W. on the west or for modification of an existing license
for such station to change the station's frequency, power, antenna
height or directivity, or location must, when filing the application
with the Commission, simultaneously notify the Director, National Radio
Astronomy Observatory, P.O. Box No. 2, Green Bank, W. Va. 24944, in
writing, of the technical particulars of the proposed station. * * *
* * * * *
(i) Any applicant for a new permanent transmitting fixed earth
station to be located on the island of Puerto Rico, Desecheo, Mona,
Vieques, or Culebra, or for modification of an existing authorization
to change the frequency, power, antenna height, directivity, or
location of such a station on one of these islands in a way that would
increase the likelihood of causing interference, must notify the
Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo,
Puerto Rico 00612, in writing or electronically, of the technical
parameters of the proposal. * * *
(1) * * * The notification must specify the geographical
coordinates of the antenna (NAD-83 datum), antenna height above ground,
ground elevation at the antenna, antenna directivity and gain, proposed
frequency, relevant FCC rule part, type of emission, effective radiated
power, and whether the proposed use is itinerant. * * *
* * * * *
0
37. In Sec. 25.204, revise the section heading and paragraphs (e) and
(f) to read as set forth below, and remove and reserve paragraph (g):
Sec. 25.204 Power limits for earth stations.
* * * * *
(e) To the extent specified in paragraphs (e)(1) through (e)(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) Except when paragraphs (e)(2) through (e)(4) of this section
apply, transmissions from FSS earth stations in frequencies above 10
GHz 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 space stations
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands 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.
* * * * *
0
38. 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.
0
39. In Sec. 25.208, revise paragraph (w) introductory text and add a
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 in paragraphs
(w)(1) through (4) of this section.
* * * * *
Note to Paragraph (w): These limits pertain to the power flux-
density that would be obtained under assumed free-space propagation
conditions.
0
40. Section 25.209 is amended as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Remove the word ``Ka-band'' from paragraphs (a)(1) through (a)(4)
and add in its place the phrase ``20/30 GHz band'';
0
c. Revise paragraph (b) introductory text;
0
d. Remove and reserve paragraph (d);
0
e. Revise the first and seventh sentences in paragraph (f);
0
f. Remove and reserve paragraph (g); and
0
g. Revise paragraph (h)(1).
Sec. 25.209 Earth station antenna performance standards.
(a) Except as provided in paragraph (f) of this section, the gain
of any antenna to be employed in transmission from an earth station in
the Fixed-Satellite Service shall lie below the relevant envelope
defined in paragraphs (a)(1) through (4) of this section:
* * * * *
(b) Except as provided in paragraph (f) of this section, the off-
axis cross-polarization gain of any antenna to be employed in
transmission from an earth station to a space station in the Fixed-
[[Page 8323]]
Satellite Service shall be defined as follows:
* * * * *
(f) An earth station with an antenna not conforming to relevant
standards in paragraphs (a) and (b) of this section will be authorized
only if the applicant demonstrates that the antenna will not cause
unacceptable interference. * * * For other FSS earth stations, this
demonstration must comply with the requirements in Sec. Sec. 25.138,
25.218, or 25.220. * * *
* * * * *
(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.
* * * * *
0
41. Section 25.210 is amended as follows:
0
a. Remove and reserve paragraph (b),
0
b. Revise paragraph (c),
0
c. Add a sentence to the end of paragraph (f), and
0
d. Remove paragraphs (k) and (l).
Sec. 25.210 Technical requirements for space stations.
* * * * *
(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 Satellite 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.
* * * * *
(f) * * * This requirement does not apply to telemetry, tracking,
and command operation.
* * * * *
0
42. In Sec. 25.211, revise paragraphs (d) and (e) to read as set forth
below, and remove paragraph (f):
Sec. 25.211 Analog video transmissions in the Fixed-Satellite
Service.
* * * * *
(d) An earth station may be routinely licensed for transmission of
full-transponder 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 14.0-14.5 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 not eligible for routine licensing under
paragraph (d) of this section are subject to the provisions of Sec.
25.220.
0
43. In Sec. 25.212, revise paragraphs (c), (d), and (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. 25.134, Sec. 25.222, Sec. 25.226, or Sec. 25.227 may be
routinely licensed for analog transmissions in the 14.0-14.5 GHz band
with bandwidths up to 200 kHz (or up to 1 MHz for command carriers at
the band edge) 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.
25.134, Sec. 25.222, Sec. 25.226, or Sec. 25.227 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.
25.134 or Sec. 25.221 may be routinely licensed for digital
transmission in the 5925-6425 MHz band or analog transmission in that
band with carrier bandwidths up to 200 kHz (or up to 1 MHz for command
carriers at the band edge) 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 density into the antenna will not exceed +0.5 dBW/4 kHz for
analog carriers 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 analog
signals in bandwidths up to 200 kHz (or up to 1 MHz for command
carriers at the band edge) 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, unless the application is
subject to licensing pursuant to Sec. 25.221, Sec. 25.222, Sec.
25.226, or Sec. 25.227.
* * * * *
0
44. 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.
* * * * *
(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]
0
45. Remove and reserve Sec. 25.215.
0
46. 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.
* * * * *
[[Page 8324]]
(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(e),
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 those sections. * * *
(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(e), 25.210(d),
25.210(f), 25.210(i), and 25.210(j).
* * * * *
0
47. In Sec. 25.218, revise the section heading and paragraphs (a) and
(b) to read as set forth below, remove the phrase ``peak EIRP'' in
paragraphs (c)(1), (d)(1), (e)(1), (f)(1), (g)(1), and (h)(1) and add
in their place the phrase ``peak EIRP density'':
Sec. 25.218 Off-axis EIRP density 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, VMES, and ESAA applications, and
(2) Analog video earth station applications.
(b) Earth station applications subject to this section are eligible
for routine processing if they meet the applicable off-axis EIRP
density envelope set forth in this section below. The terms
``conventional Ku band'' and ``extended Ku band are defined in Sec.
25.103.
* * * * *
0
48. In Sec. 25.220, revise paragraph (a)(1) to read as follows:
Sec. 25.220 Non-conforming transmit/receive earth station operations.
(a)(1) The requirements in this section apply to earth station
applications of the types to which Sec. 25.218 applies but that
propose operation outside of relevant off-axis EIRP density envelopes
specified in Sec. 25.218. This section also applies to applications
for full-transponder analog video earth stations that are ineligible
for routine licensing under Sec. 25.211(d).
* * * * *
0
49. Section 25.221 is amended as follows:
0
a. Revise the section heading;
0
b. Revise the last sentence in paragraph (a)(12) and add two sentences
thereafter;
0
c. Remove the word ``EIRP'' wherever it appears in paragraphs (b)(1)(i)
introductory text and (b)(1)(i)(A) through (C), and add in its place
the phrase ``EIRP density''; and
0
d. Remove the word ``ALSAT'' in paragraph (b)(7), and add in its place
the term ``Permitted List''.
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 notice, any objections are received from U.S.-licensed Fixed
Service operators that have been excluded from coordination, the ESV
licensee must immediately cease operation of that particular station on
frequencies used by the affected U.S.-licensed Fixed Service station
until the coordination dispute is resolved and the ESV licensee informs
the Commission of the resolution. As used in this section, ``baseline''
means the line from which maritime zones are measured. The baseline is
a combination of the low-water line and closing lines across the mouths
of inland water bodies and is defined by a series of baseline points
that include islands and ``low-water elevations,'' as determined by the
U.S. Department of State's Baseline Committee.
* * * * *
Sec. 25.222 [Amended]
0
50. In Sec. 25.222, remove the word ``EIRP'' wherever it appears in
paragraphs (b)(1)(i) introductory text and (b)(1)(i)(A) through (C) and
add in its place the phrase ``EIRP density'' and remove the word
``ALSAT'' in paragraph (b)(7) and add in its place the term ``Permitted
List.''
0
51. In Sec. 25.223, revise the section heading and paragraphs (a) and
(c) to read as set forth below and remove paragraph (e):
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 that are not eligible for routine processing under Sec.
25.212(f).
* * * * *
(c) Each earth station license applicant that proposes levels in
excess of those defined in paragraph (b) of this section must certify
that all potentially affected parties acknowledge and do not object to
the use of the applicant's higher power densities. For proposed power
density 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 operators of co-frequency U.S.-authorized 17/24 GHz BSS
satellites at angular separations of up to 6[deg] from the
proposed satellite points of communication; for power density 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 operators of co-frequency U.S.-authorized satellites up to
10[deg] from the proposed satellite points of
communication. Power density levels greater than 6 dB in excess of the
limits defined in paragraph (b) of this section will not be permitted.
* * * * *
Sec. 25.226 [Amended]
0
52. In Sec. 25.226, remove the word ``EIRP'' wherever it appears in
paragraphs (b)(1)(i) introductory text and (b)(1)(i)(A) through (C) and
add in its place the phrase ``EIRP density'' and remove the word
``ALSAT'' in paragraph (b)(9) and add in its place the phrase
``Permitted List.''
Sec. 25.227 [Amended]
0
53. In Sec. 25.227, remove the word ``ALSAT'' from paragraph (a)(12)
and add in its place the phrase ``Permitted List.''
0
54. In Sec. 25.259, revise paragraph (b) to read as follows:
[[Page 8325]]
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 NOAA or its designee. If
the NTIA notifies the Commission that 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.
* * * * *
0
55. 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 DoD
or its designee. If the NTIA notifies the Commission that 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 noncompliance with the requirements of this paragraph.
* * * * *
0
56. In Sec. 25.271, add paragraph (f) to read as follows:
Sec. 25.271 Control of transmitting stations.
* * * * *
(f) The licensee of any transmitting earth station licensed under
this part must update the contact information provided in the most
recent license application for the station within 10 days of any change
therein. The updated information must be filed electronically in the
``Other Filings'' tab of the station's current authorization file in
the International Bureau Filing System.
Sec. 25.272 [Amended]
0
57. In Sec. 25.272, remove and reserve paragraph (b).
0
58. Revise Sec. 25.276 to read as follows:
Sec. 25.276 Points of communication.
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.
0
59. Revise Sec. 25.281 to read as follows:
Sec. 25.281 Transmitter identification requirements for video uplink
transmissions.
(a) Earth-to-space transmissions carrying video information with
analog modulation must be identified through use of an Automatic
Transmitter Identification System (ATIS) with an analog identifier or a
direct sequence spread spectrum signal.
(1) Use of an analog identifier must be in accordance with the
following requirements:
(i) The ATIS signal must be a separate subcarrier that is
automatically activated whenever any radio frequency signal is
transmitted.
(ii) The ATIS message must continuously repeat.
(iii) 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).
(iv) ATIS subcarrier deviation must not exceed 25 kHz.
(v) 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.
(vi) The ATIS message must include the FCC-assigned call sign of
the transmitting earth station, a telephone number providing immediate
access to personnel capable of resolving interference or coordination
problems, and a unique serial number of ten or more digits programmed
into the ATIS message in a permanent manner so that it cannot be
readily changed by the operator on duty. Additional information may be
included in the ATIS data stream provided the total ATIS message length
does not exceed 30 seconds.
(2) Use of a direct sequence spread spectrum ATIS signal must be in
accordance with the requirements in paragraphs (b)(1) and (2) of this
section.
(b) As of June 1, 2016, transmissions of fixed-frequency, digitally
modulated video signals with a symbol rate of 128,000/s or more from
Satellite News Gathering vehicles or other temporary-fixed earth
stations must be identified through use of an ATIS in accordance with
the following requirements:
(1) The ATIS message must be modulated onto a direct sequence
spread spectrum signal in accordance with the DVB-CID standard, ETSI TS
103 129 (2013-05), ``Technical Specification, Digital Video
Broadcasting (DVB); Framing structure, channel coding and modulation of
a carrier identification system (DVB-CID) for satellite transmission.''
This document is incorporated by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 and approved by the Director of the Federal
Register. The ETSI document may be obtained from ETSI, 650 Route des
Lucioles, 06921 Sophia Antipolis Cedex, France and by email to
[email protected] and a copy can be downloaded from http://www.etsi.org. You may inspect a copy at the Federal Communications
Commission, 445 12th Street SW., Washington, DC 20554, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(2) The ATIS message must continuously repeat.
(c) ATIS equipment must be integrated into the uplink transmitter
chain with a method that cannot easily be defeated.
0
60. Add Sec. 25.285 to part 25, subpart D, to read as follows:
[[Page 8326]]
Sec. 25.285 Operation of MSS and ATC transmitters or transceivers on
board civil aircraft.
(a) Operation of any of the following devices aboard civil 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.
0
61. Add Sec. 25.286 to part 25, subpart D, to read as follows:
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.
0
62. Add Sec. 25.287 to part 25, subpart D, to read as follows:
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.
(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. 2014-02213 Filed 2-11-14; 8:45 am]
BILLING CODE 6712-01-P