[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Proposed Rules]
[Pages 65106-65137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25400]
[[Page 65105]]
Vol. 79
Friday,
No. 211
October 31, 2014
Part III
Federal Communications Commission
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47 CFR Parts 0 and 25
Comprehensive Review of Licensing and Operating Rules for Satellite
Services; Proposed Rule
Federal Register / Vol. 79 , No. 211 / Friday, October 31, 2014 /
Proposed Rules
[[Page 65106]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 25
[IB Docket No. 12-267; FCC 14-142]
Comprehensive Review of Licensing and Operating Rules for
Satellite Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) proposes to amend its rules for licensing and operation of
space stations and earth stations for communication by radio. The
proposed changes would, among other things, facilitate international
coordination of proposed satellite networks; eliminate the need to
assess compliance with interim milestone requirements; revise bond
requirements to more effectively deter spectrum warehousing; clarify
requirements for routine earth station licensing; and expand
applicability of routine licensing standards.
DATES: Submit comments on or before December 15, 2014 and reply
comments on or before January 14, 2015.
ADDRESSES: You may submit comments, identified by IB Docket No. 12-267,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
Paper filing: Paper filings can be sent by hand or
messenger delivery, by commercial overnight courier, or by first-class
or overnight U.S. Postal Service mail.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: William Bell (202) 418-0741 or Cindy
Spiers (202) 418-1593, Satellite Division, International Bureau. For
additional information concerning the information collection(s)
contained in this document, contact Cathy Williams at 202-418-2918, or
via the Internet at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) in IB Docket No. 12-267,
FCC 14-142, adopted and released on September 30, 2014. The full text
of this document is available for public inspection and copying during
regular business hours at the FCC Reference Information Center, Portals
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554 and may be
downloaded from the Commission's internet Web site at https://apps.fcc.gov/edocs_public/Query.do?numberFld=14-142&numberFld2=&docket=12-267&dateFld=&docTitleDesc=. The 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 Web site at www.BCPIWEB.com. Alternative formats are available
to person with disabilities by sending email to [email protected] or
calling the Consider & Governmental Affairs Bureau at 202-418-0530
(voice), or 202-418-0432 (tty).
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415 and 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document.
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the Commission's Electronic Comment
Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing.
[ssquf] Paper filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Summary of Further Notice of Proposed Rulemaking
In the initial Notice of Proposed Rulemaking in IB Docket 12-267,
77 FR 67172, November 8, 2012, (2012 NPRM), the Commission proposed
extensive changes in part 25. The Satellite Industry Association (SIA)
and other parties filed comments in response to the 2012 NPRM. In a
Report and Order released in August 2013, the Commission adopted most
of the changes proposed in the 2012 NPRM but declined to rule on
recommendations from commenters that could not properly be adopted
without affording further opportunity for public comment. Some of the
rule changes proposed in FCC 14-142 are based on such previous
recommendations. In February 2014, an FCC staff working group issued
recommendations for improving the Commission's procedures and
management practices and eliminating or streamlining outdated rules in
a Process Reform Report. Some of the recommendations concerned
satellite-service regulation and licensing and are considered in FCC
14-142.
ITU Filings for GSO FSS Space Stations
The procedure for obtaining international recognition of satellite
operation in non-planned Fixed-Satellite Service (FSS) bands under the
Radio Regulations of the ITU includes several steps. First, an Advance
Publication of Information (API) must be filed with the ITU. An API
filing requires only a very general description of a proposed satellite
network. Next, a Coordination Request must be filed. A Coordination
Request is ``receivable'' between six months and two years after the
associated API filing but may be submitted to the ITU simultaneously
with an API filing. The date of receipt of the Coordination Request
establishes the ``protection date'' of a satellite network, which is
the basis of international coordination priority. A proposed satellite
network must be coordinated with any co-frequency satellite network
with an earlier ITU protection date that, according to certain
criteria, is deemed to be ``affected'' by the proposed network.
The Commission's International Bureau submits an API or
Coordination Request to the ITU for space station
[[Page 65107]]
operation in specified frequency bands at a specified orbital location
only after a license application for the proposed space station
operation has been filed with the Commission. The information required
for a Commission space station license application is more specific
than that required for an API or Coordination Request and includes
technical data that would not be definitely known until significant
progress has been made in the design of a proposed satellite.
Consequently, an operator who decides to apply to the FCC for authority
for space station operation in a new band and/or orbital location might
not be prepared to submit a license application for such operation for
a considerable time afterward.
In view of this, the Process Reform Report includes a
recommendation for the Commission to consider adopting a procedure for
filing satellite-network APIs and Coordination Requests prior to the
filing of full license applications. Several parties address this issue
in comments, and all of them support this recommendation.
We tentatively agree that it would serve the public interest for
the Commission to adopt an optional procedure in which submission of
APIs and Coordination Requests to the Commission for filing with the
ITU for GSO space station operation in non-planned FSS bands would be a
first step in an optional two-step license application process. More
detailed information of the kind included currently in license
applications would be due later. Given the specificity of the ITU's
regulations pertaining to operation in FSS planned bands, we are not
proposing to follow this procedure with respect to planned-band
operation. We invite comment, however, as to whether the procedure
should be available for other types of proposed space station
operation. We contemplate that such requests would be electronically
filed and considered in order of receipt and would be treated as
confidential until the Commission submits the filings to the ITU. We
invite comment as to whether the filing of such a request would be
subject to the requirements in part 1, subpart G of the Commission's
rules pertaining to filing fees.
We propose to adopt a two-year deadline for submitting the
technical information needed to complete a satellite license
application.
We invite comment on whether submission of a request for filing of
an API and Coordination Request with a simplified description of the
satellite network and a cost-recovery declaration should suffice to
secure a position in a first-come, first-served space station
application queue. A party that secures a place at the head of an
application queue for space station operation in particular FSS
frequency bands at a particular location in the GSO arc should not be
free to walk away at some later time without any consequence, despite
having preempted co-frequency applications for the same or a nearby
orbital location in the meanwhile. We therefore propose a surety bond
requirement, separate from the current post-licensing bond requirement
in Sec. 25.165. Such a bond would be payable if a party who has
secured a spot in the first-come, first-served queue by submitting a
draft API and Coordination Request fails to complete an acceptable
license application on schedule or its license application is denied.
We invite comment as to whether a surety bond created in connection
with a request for an ITU filing should be released when the party in
interest files a post-grant surety bond pursuant to Sec. 25.165 or
whether it would better serve the public interest to require an ``ITU
filing bond'' to be maintained pending satisfaction of all milestone
requirements.
A party that prefers to avoid the ITU filing bond would have the
option of following the current procedure of filing a full license
application concurrently with a request for submission of an API and
Coordination Request. We invite comment as to whether a party should
have the option to file an API and Coordination request without
securing a spot in the first-come, first-served queue and without
filing a bond. We also invite comment as to whether failure to meet the
proposed two-year second-step filing deadline should count as a missed
milestone for purposes of the ``three-strikes'' rule in Sec.
25.159(d).
Milestones and Bonds
In order to prevent or deter spectrum warehousing, the Commission
requires space station licensees to adhere to standard milestone
schedules and file surety bonds. The milestone requirements for most
space station licensees are codified in Sec. 25.164 and are
incorporated as conditions in license grants. Recipients of new
licenses for geostationary-orbit (GSO) space stations, other than
Direct Broadcast Satellite (DBS) and Satellite Digital Audio Radio
Service (SDARS) space stations, are required to meet the following
schedule:
Enter into a binding contract for construction of the
authorized satellite(s) by one year after the grant of the space
station license;
Complete critical design review for the satellite(s) by
two years after the license grant;
Begin construction of the satellite(s) by three years
after the license grant;
Launch and commence operation of the satellite(s) in the
assigned orbital location(s) by five years after the license grant.
Recipients of new licenses for non-geostationary-orbit (NGSO) space
stations are required to meet the following schedule:
Enter into a binding contract for construction of the
authorized satellite(s) by one year after the grant of the space
station license;
Complete critical design review for the satellite(s) by
two years after the license grant;
Begin construction of one satellite by two years and six
months after the license grant;
Launch and commence operation of the first satellite in
the authorized orbit by three years and six months after the license
grant.
Bring all authorized satellites into operation by six
years after the license grant.
These milestone schedules also apply to construction and launch of non-
U.S.-licensed space stations approved for U.S. market access.
Under Sec. 25.165, the recipient of a new license for a GSO space
station of any type other than DBS and SDARS must file a surety bond in
the amount of $3 million, payable to the U.S. Treasury in the event of
a milestone default, and the recipient of a new license for an NGSO
constellation must file a surety bond in the amount of $5 million. The
Commission adopted the bond requirement to establish a market-based
mechanism for ensuring that licensees are willing and able to proceed
with satellite construction and to discourage warehousing of scarce
resources. The bond amount is successively reduced when the Commission
finds that the licensee has met interim milestone requirements. In the
event that a licensee fails to meet a milestone deadline and the
Commission does not find good cause for granting an extension of time,
the license becomes void and the remaining bond amount is paid to the
U.S. Treasury. We believe it is worthwhile to consider whether
alternative approaches might shorten review periods, reduce
administrative burdens, and increase certainty for licensees.
One possible approach is to accept corroborative affidavits from
satellite manufacturers and evidence of appropriate payment, in
addition to certifications from licensees, as prima facie proof of
compliance with the contracting and CDR milestone
[[Page 65108]]
requirements. This would eliminate any need for submission and
assessment of confidential contract and design documents in cases where
such prima facie evidence is presented. Deciding, on a case-by-case
basis, how much payment is appropriate at contract signing and upon
completion of CDR could entail some adjudicatory difficulty, however.
We invite further comment on this proposal.
We also invite comment on simplifying the milestone schedules.
Specifically, we request comment on eliminating the milestone deadlines
for contracting for satellite construction and commencing construction
and retaining the CDR milestone requirement as the only intermediate
milestone deadline prior to the deadline for launch. This would reduce
paperwork burdens and afford more flexibility for licensees and
significantly reduce administrative burdens for the Commission's staff.
In addition, we invite comment on the advisability of eliminating all
interim milestone requirements, which would reduce administrative
burdens still further and eliminate any need for submission of
confidential construction contracts or proprietary design packages. And
we seek comment on making all interim milestone requirements optional,
so that a party could volunteer for Commission review of any interim
milestone at any time as a means of reducing its surety bond, without
requiring every applicant to do the same.
We have several proposals regarding post-grant surety bonds. First,
the currently prescribed bond amounts--$3 million for GSO space
stations and $5 million for NGSO space stations--may be inadequate.
These amounts were prescribed ten years ago and have never been
adjusted. We propose to require bond payment amounts due in the event
of default to be calculated based on the Gross Domestic Product Chain-
type Price Index (GDP-CPI), so that adjustment for both past and future
inflation (or deflation) will be routine and will take into account
time that elapses from license grant to default, which could be as much
as six years. We invite comment as to the appropriate baseline dollar
amounts to be used for such calculations.
Second, from a public-interest standpoint, it is better for a
satellite licensee to surrender a license soon after receiving it than
to surrender it after holding it for several years--or, worse, to hold
the license for five or six years and then request an unjustified
extension of the milestone deadline for launch and commencement of
operation. Should we therefore revise the bond rule to provide that the
amount to be paid in the event a licensee surrenders a space station
authorization without placing the authorized facility into operation or
is found in default of the deadline for commencing in-orbit operation
will increase progressively, pro rata, in proportion to the time that
has elapsed since the license was granted? Rather than escalating the
potential payment liability from a starting point of zero, initial
liability could be set at an amount substantial enough to deter parties
from filing applications for strategic motives with the intention of
surrendering their licenses shortly after grant. We invite comment as
to whether this approach should be combined with the current policy of
reducing bond liability when it is found that a party has met an
interim milestone. For example, should we make interim milestone
showings optional and reduce bond payment liability for licensees that
choose to submit such showings and demonstrate that they have met
interim milestones within prescribed time periods?
If we were to assign queuing priority based on advanced ITU
filings, as proposed above, we believe that the amount to be paid
pursuant to an ``ITU filing bond'' in the event of default should be
commensurate with post-grant bond payment liability, taking into
consideration the amount of time that elapses before default occurs. We
invite comment on this proposal and suggestions for other approaches
that could strike a balance between achieving the desired flexibility
with respect to ITU filings while preventing spectrum warehousing.
The Two-Degree Spacing Policy
The Commission's two-degree spacing policy, which has been in
effect since 1983, applies to GSO FSS operation in the conventional C-
band, the conventional and extended Ku-band, and the 20/30 GHz band.
``Two-degree spacing'' refers to angular separation in the GSO arc
between adjacent co-frequency space stations. There are several aspects
to this policy, which is embodied in part 25 rules pertaining to
licensing of both earth stations and space stations.
Applicants for earth station licenses authorizing transmission to
GSO FSS satellites in the conventional C-band, conventional or extended
Ku-band, or 20/30 GHz band must demonstrate one of two things with
respect to uplink operation. One option is to show that the proposed
earth stations will meet ``routine'' limits on off-axis EIRP density
(or equivalent limits on off-axis antenna gain and input power density)
designed to prevent harmful interference with co-frequency GSO space
stations at orbital locations two or more degrees from the ``target''
satellites that the earth stations would communicate with.
Alternatively, for proposed operation that would exceed the relevant
routine limits, an applicant must submit certification from the
operator(s) of the target satellite(s) that the proposed non-conforming
uplink operation has been coordinated with operators of adjacent co-
frequency space stations and certify that it will operate in compliance
with the coordination agreements.
License applicants for GSO FSS space stations must demonstrate the
following with a technical analysis: (i) Their downlink transmissions
will not harmfully interfere with reception of co-frequency downlink
transmissions from any previously-licensed GSO satellite less than two
degrees away or with reception of co-frequency downlinks from a current
or future GSO satellite two degrees away by earth stations with gain
patterns consistent with the relevant routine limits in Sec. 25.209
and (ii) uplink transmissions to their space stations will not
harmfully interfere with uplink reception of any previously licensed
GSO space station less than two degrees away or with uplink reception
of a current or future satellite two degrees away. Space station
applicants have routinely requested permission to deviate from
parameters assumed for purposes of such interference analysis when
permitted under the terms of subsequent coordination agreements,
however, and the Commission has routinely granted such requests.
Thus, under current rules and practice, operating authority may be
obtained based on coordination agreements for a GSO FSS system that
does not conform to technical limits for two-degree compatibility. In
the event that a two-degree-compliant U.S.-licensed space station
subsequently commences co-frequency operation at an adjacent orbital
location, however, the operator(s) of the non-conforming space station
and/or associated earth stations will have to curtail non-conforming
transmit operation adversely affecting the newcomer's system unless the
newcomer consents to it, and will have to accept any downlink
interference from the newcomer resulting from the use of earth station
antennas with non-conforming gain patterns.
Intelsat contends that the two-degree spacing rules hinder U.S.-
licensed satellite operators from providing innovative ``broadband
mobility''
[[Page 65109]]
services and services involving use of high power output to earth
stations with small antennas and may place U.S.-licensed satellite
operators at a competitive disadvantage compared with foreign-licensed
operators that are granted access to the U.S. market. Intelsat proposes
that instead of adhering to the two-degree spacing rules, the
Commission should allow coordination between operators to control
operational requirements and should resolve disputes based on ITU
coordination priority.
We invite comment as to whether the Commission should require a new
entrant to coordinate co-frequency, co-coverage operation with a U.S.-
licensed operator that has been providing non-two-degree-compliant GSO
FSS services without causing unacceptable interference. If we were to
adopt such a policy, should coordination priority and protection rights
between U.S. licensees, or operators with U.S. market access, be based
on ITU filing priority, as Intelsat recommends, or should it be based
on FCC application filing dates?
Section 25.140(a) requires license applicants for GSO FSS space
stations to provide an interference analysis demonstrating that the
proposed system will be compatible with previously authorized GSO space
stations within two angular degrees of the proposed space station.
Intelsat maintains that there is no need for such a showing because
protection of adjacent satellites is ensured by rules requiring
adherence to technical limits or coordination of non-conforming
operation. Furthermore, Intelsat maintains that interference showings
submitted pursuant to Sec. 25.140(a) are often based on assumptions
that may not accurately reflect the actual operational environment. We
propose to amend Sec. 25.140(a) in several respects. To begin with,
for reasons stated below, we propose to remove the routine limits on
the power spectral density or power flux-density of downlink
transmission in the conventional Ku-band and 20/30 GHz bands from
Sec. Sec. 25.134, 25.138, and 25.212 and insert them in Sec.
25.140(a) as coordination triggers for space station applicants and
licensees. The rules do not currently specify routine limits for
downlink transmission in the conventional or extended C-band, but
taking into account the capabilities of current C-band satellites and
typical operational conditions, we propose to amend Sec. 25.140(a) to
specify a 1 dBW/4 kHz coordination threshold for digital downlink
transmission in the conventional or extended C-band and an 8 dBW/4kHz
coordination threshold for analog downlink transmission in those bands.
Further, we propose to amend Sec. 25.140(a) to allow applicants to
provide certifications in lieu of an interference analysis. Under the
amended rule that we propose, an applicant for a GSO FSS space station
at an orbital location less than two degrees from the assigned location
of a co-frequency space station could either certify that the proposed
operation has been coordinated with the operator of the co-frequency
satellite or submit an interference analysis demonstrating the
compatibility of the proposed system with the co-frequency satellite.
An applicant for space station operation (other than analog video
operation) at a location two degrees or more from the nearest co-
frequency satellite would not have to provide an interference analysis
if it certifies that it will coordinate any uplink or downlink
operation exceeding relevant routine limits with operators of co-
frequency satellites within six degrees.
Because there is no EIRP density limit in the Commission's rules
for analog video downlinks and the number of satellites transmitting
analog video signals is gradually diminishing, we do not propose
technical criteria for routine licensing of analog video space station
operation. Rather, we propose to require such operation to be
coordinated with operators of co-frequency satellites within six
degrees of the proposed space station that are U.S.-licensed or
approved for U.S. market access.
The First-Come, First-Served Procedure for GSO-Like Satellite Systems
The Commission adopted the first-come, first-served licensing
procedure for ``GSO-like'' space stations--that is, GSO space stations
designed for communication with earth stations with directional
antennas--in 2003. We have requested comment on a proposal to eliminate
the two-degree spacing policy and instead rely on ITU filing priority,
which is also based on the first-come, first-served principle. More
generally, we invite comment as to whether modification of the first-
come-first-served procedure might be appropriate and how the statutory
prohibition against assigning ``orbital locations or spectrum used for
the provision of international or global satellite communications
services'' by competitive bidding should affect consideration of this
issue.
Other Proposed Changes in Part 25
The Commission is proposing other changes in part 25 as indicated
in the following topic list. For details on these proposals, see FCC
14-142, available for download at https://apps.fcc.gov/edocs_public/Query.do?numberFld=14-142&numberFld2=&docket=12-267&dateFld=&docTitleDesc=.
A. Codification of Replacement Satellite Policies (Sections 25.157
and 25.158)
B. Licensing Rules for Earth Stations that Transmit to GSO Space
Stations in FSS Frequency Bands
1. Overview of Current Routine Licensing Rules (Sections 25.132,
25.134, 25.138, 25.209, 25.211, 25.212, 25.218, 25.220, 25.221,
25.222, 25.223, 25.226, and 25.227)
2. Definition of ``theta''
3. ``Plane Tangent to the GSO Arc''
4. Emissions Outside the Plane Tangent to the GSO Arc
5. Sidelobe and Backlobe Allowances
6. EIRP Density Specifications for Cross-Polarized Signals
7. Limits on Aggregate EIRP Density
8. Operation With Contention Protocols
9. Routine Licensing Criteria for Stations Transmitting Full-
Transponder Analog Video Signals
10. Analog Signal Bandwidth
11. Criteria for Downlink Transmission
12. Alternative Routine Licensing Criteria for 20/30 GHz Earth
Stations
13. Routine Gain Envelopes for 17/24 GHz BSS Feeder-Link
Stations
14. Other Proposed Changes in Sec. Sec. 25.134 and 25.212
15. Clarification of the Applicability of Sec. 25.218
16. Reference Bandwidth in EIRP Density Specifications in Sec.
25.138
17. Routine Licensing Criteria for Extended C-Band Stations
18. Off-Axis Gain Standards for FSS Earth Stations
19. Demonstrating Conformance With Limits on Off-Axis Gain and
EIRP Density
20. Coordination Requirements for Non-Conforming Earth Station
Operation
21. Other Proposed Changes in Licensing Rules for Earth Stations
on Vessels, Vehicle Mounted Earth Stations, and Earth Stations
Aboard Aircraft
C. Section 25.103 ``Definitions'' (Section 25.103)
1. ``20/30 GHz Bands''
2. ``Conventional C-Band'' ``Extended C-Band'' ``Conventional
Ku-Band''
3. ``NGSO FSS Gateway Earth Station''
4. ``Permitted Space Station List''
5. ``Plane Perpendicular/Tangent to the GSO Arc''
6. ``Protection Areas''
7. ``Skew Angle''
8. ``Two-Degree-Compliant Space Station''
9. ``VSAT Network''
D. Rules Pertaining to Dismissal of Applications (Sections 25.112
and 25.152)
E. Section 25.113 ``Station construction, launch authority, and
operation of spare satellites''
F. Section 25.114 ``Applications for space station authorizations''
G. Further Proposed Changes in Sec. 25.115 ``Applications for earth
station authorizations''
[[Page 65110]]
H. Section 25.117 ``Modification of station license''
I. Section 25.118 ``Modifications not requiring prior
authorization''
1. Earth station modifications
2. Fleet management rule
J. Section 25.119 ``Assignment or transfer of control of station
authorization''
K. Section 25.129 ``Equipment authorization for portable earth-
station transceivers''
L. Section 25.130 ``Filing requirements for transmitting earth
stations''
M. Section 25.131 ``Filing requirements and registration for
receive-only earth stations''
N. Section 25.133 ``Period of construction; certification of
commencement of operation''
O. Other Proposed Changes in Sec. 25.138
P. Service-Specific Space Station Licensing Rules
1. Section 25.143 ``Licensing provisions for the 1.6/2.4 GHz
Mobile-Satellite Service and 2 GHz Mobile-Satellite Service''
2. Section 25.145 ``Licensing provisions for the Fixed-Satellite
Service in the 20/30 GHz bands''
3. Section 25.146 ``Licensing and operating rules for the non-
geostationary orbit Fixed-Satellite Service in the 10.7 GHz-14.5 GHz
bands''
4. Section 25.147 ``Licensing provision for NGSO MSS feeder
downlinks in the band 6700-6875 MHz''
5. Section 25.264 ``Requirements to facilitate reverse-band
operation in the 17.3-17.8 GHz band of 17/24 GHz Broadcasting-
Satellite Service and Direct Broadcast Satellite Service space
stations''
6. Polarization Requirements for FSS Space Stations (Sections
25.210)
Q. Section 25.156 ``Consideration of applications''
R. Section 25.159 ``Limits on pending applications and unbuilt
satellite systems''
S. Section 25.163 ``Reinstatement''
T. Section 25.165 ``Posting of bonds''
U. Section 25.202 ``Frequencies, frequency tolerance, and emission
limits''
V. Section 25.203 ``Choice of sites and frequencies''
W. Operating Rules for Earth Stations
1. Section 25.204 ``Power limits for earth stations''
2. Section 25.205 ``Minimum angle of antenna elevation''
3. Section 25.211 ``Analog video transmissions in the Fixed-
Satellite Service''
4. Section 25.258 ``Sharing between NGSO MSS Feeder links
Stations and GSO FSS services in the 29.25-29.5 GHz bands''
X. Section 25.283 ``End-of-life disposal''
Regulatory Impact Conclusion
The amendments we propose would update the Commission's rules for
satellite services to reflect evolving technology, eliminate
unnecessary technical and information-filing requirements, and
reorganize, clarify, and simplify existing requirements. We believe
that these changes would serve the public interest by promoting
compliance with the Commission's operating rules, improving the ability
of the public and Commission to assess the interference potential of
proposed operations, affording more flexibility for incorporating
state-of-the-art design, easing administrative burdens, and
facilitating rapid deployment of new and improved satellite services.
We believe that these benefits would outweigh any resultant costs and
that the rule changes would reduce net costs, on average, for
applicants and licensees. We invite comment on these conclusions.
Ex Parte Presentations
We will continue to treat this proceeding as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as
amended,\1\ the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the possible economic impact on small
entities of the rule changes proposed in the FNPRM. The IRFA is set
forth in FCC 14-142 as Appendix D and is summarized here. Written
public comments are requested on the IRFA. Comments must be identified
as responses to the IRFA and must be filed by the comment deadlines
specified above.
---------------------------------------------------------------------------
\1\ 5 U.S.C. 601 et seq., as amended by the Contract With
America Advancement Act of 1996, Public Law 104-121, 110 Stat. 847
(1996).
---------------------------------------------------------------------------
The Regulatory Flexibility Act requires that a regulatory
flexibility analysis be prepared for rulemaking proceedings unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of ``small entities.'' The RFA generally
defines the term ``small entity'' as referring to any ``small
business,'' ``small organization,'' or ``small governmental
jurisdiction.'' A small business concern is one that: (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).\2\ The SBA considers a satellite
telecommunications firm to be small if it has $32.5 million or less in
annual receipts. Some earth station applicants and licensees that
qualify as small firms by this criterion might be affected rule changes
proposed in the FNPRM.
---------------------------------------------------------------------------
\2\ Small Business Act, 15 U.S.C. 632 (1996).
---------------------------------------------------------------------------
The FNPRM seeks comment on a variety of proposals for revision of
rules governing licensing and operation of space stations and earth
stations for provision of satellite communication services.
Specifically, it proposes to:
Allow space station applicants to file through the
Commission a satellite network with the International Telecommunication
Union up to two years before filing a complete space station
application with the Commission.
Eliminate some or all interim space station construction
milestone requirements and simplify the showing needed to demonstrate
compliance with the CDR milestone, if it is retained.
Modify the space station bond requirements to provide
better incentives against spectrum warehousing.
[[Page 65111]]
Modify the two-degree spacing policy to permit continued
operation of a non-two-degree compliant satellite network to the extent
that such operation can be coordinated with other operators prior to
the introduction of a nearby two-degree-compliant satellite.
Eliminate the requirement for a space station applicant
that starts constructing its satellite prior to filing an application
with the Commission to notify the Commission in writing that it is
doing so at its own risk.
Clarify the requirements to limit aggregate uplink power
density from multiple earth stations transmitting to the same
satellite.
Provide for the automatic grant of applications for
repositioning of space stations with a small offset from the originally
authorized orbital location, and for minor repointing of space station
antennas.
Allow earth station operators to communicate with a
replacement satellite deployed with a small offset from the originally
authorized satellite without prior Commission authorization.
Extend the frequency bands in which routine earth station
licensing is permitted.
Expand routine earth station license qualification options
for 20/30 GHz earth station applicants.
Clarify earth station off-axis antenna radiation pattern
requirements, and the ranges over which the off-axis radiated power can
exceed the specified limits.
Permit earth station applicants to file off-axis antenna
radiation charts instead of tables except in off-axis angular regions
where the off-axis radiation exceeds specified limits.
Eliminate the requirement for portable earth station
manufacturers to demonstrate compliance with the radiated power limits
in Sec. 25.204 of the Commission's rules.
Lower the minimum permissible elevation angle for earth
stations operating in bands not shared with terrestrial services from
five degrees to three degrees above the horizontal plane.
Eliminate the restrictions on the center frequencies on
which analog video transmissions in the 3700-4200 MHz band can be
conducted.
Eliminate antenna polarization requirements for space
stations operating in the 4/6 GHz bands.
Eliminate the cross-polarization requirement for FSS space
stations.
Eliminate a requirement for earth station applicants to
measure and specify mid-band antenna gain.
Eliminate a requirement to license receive-only earth
stations communicating with non-U.S. licensed space stations approved
for U.S. market access.
Update and improve definitions.
Many of these proposed changes would reduce regulatory burdens for
earth station applicants and licenses. The FNPRM invites comment from
all interested parties. Small entities are encouraged to bring to the
Commission's attention any specific concerns they may have with the
proposals outlined in the FNPRM, which the Commission will consider in
reaching its final conclusions and taking action in this proceeding.
Paperwork Reduction Act
The FNPRM proposes new and modified information collection
requirements and also proposes to eliminate a number of existing
information collection requirements. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and OMB to comment on the proposed information collection
requirements. In addition, pursuant to the Small Business Paperwork
Relief Act of 2002,\3\ we seek specific comment on how we might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.\4\
---------------------------------------------------------------------------
\3\ Public Law 107-198.
\4\ 44 U.S.C. 3506(c)(4).
---------------------------------------------------------------------------
Ordering Clauses
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
the Further Notice of Proposed Rulemaking in IB Docket No. 12-267 is
adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, will send a
copy of this Further Notice of Proposed Rulemaking, including the
initial regulatory flexibility act analysis, to the Chief Counsel for
Advocacy of the Small Business Administration, in accordance with
section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
(1981).
List of Subjects in 47 CFR Part 25
Definitions, Earth stations, Space stations.
Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary, Office of the Secretary, Office of Managing Director.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 0 and 25 as
follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended, 47 U.S.C. 155,
255, unless otherwise noted.
0
2. Amend Sec. 0.457 by adding paragraph (d)(1)(vii)(C) to read as
follows:
Sec. 0.457 Records not routinely available for public inspection.
* * * * *
(d) * * *
(1) * * *
(vii) * * *
(C) Draft APIs and Coordination Requests filed pursuant to Sec.
25.110(b)(3) are not routinely available for public inspection before
the Commission submits them to the ITU. Such ITU submissions will be
announced by public notice pursuant to Sec. 25.151(a).
PART 25--SATELLITE COMMUNICATIONS
0
3. 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.
Sec. 25.103 [Amended].
0
4. Amend Sec. 25.103 as follows:
0
a. Remove the definitions of ``12/14 GHz band'' and ``C-band'';
0
b. Revise the definition of ``20/30 GHz bands'';
0
c. Add definitions of ``Conventional C-band,'' ``Conventional Ku-
band,'' and ``Extended C-band'';
0
d. Revise the definition of ``NGSO FSS gateway earth station'';
0
e. Add definitions of ``Plane perpendicular to the GSO arc'' and
``Plane tangent to the GSO arc'';
0
f. Revise the definition of ``Protection areas'';
0
g. Add definitions of ``Skew angle,'' ``Two-degree-compliant space
station,'' and ``VSAT network.''
* * * * *
20/30 GHz bands. 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-
[[Page 65112]]
space) frequency bands, which the Commission has designated as primary
for GSO FSS operation.
* * * * *
Conventional C-band. The 3700-4200 MHz (space-to-Earth) and 5925-
6425 MHz (Earth-to-space) FSS frequency bands.
Conventional Ku-band. The 11.7-12.2 GHz (space-to-Earth) and 14.0-
14.5 GHz (earth-to-space) FSS frequency bands.
* * * * *
Extended C-band. As used in this part, this term refers to the
3600-3700 MHz (space-to-Earth), 5850-5925 MHz (Earth-to-space), 6425-
6700 (Earth-to-space), and 6700-7025 MHz (bi-directional) FSS frequency
bands.
* * * * *
NGSO FSS gateway earth station. An earth station or complex of
multiple earth station antennas supporting the routing and switching
functions of an NGSO FSS system. An NGSO FSS gateway earth station does
not originate or terminate communication traffic, but interconnects
multiple user-operated earth stations operating in other frequency
bands with primary terrestrial networks, such as the public switched
telephone network and Internet networks, communicating with the user-
operated earth stations via links with NGSO satellites. An NGSO FSS
gateway earth station may also be used for telemetry, tracking, and
command transmissions and is not for the exclusive use of any customer.
* * * * *
Plane perpendicular to the GSO arc. The plane that is perpendicular
to the ``plane tangent to the GSO arc,'' as defined below, and includes
a line between the earth station in question and the GSO space station
that it is communicating with.
Plane tangent to the GSO arc. The plane defined by the location of
an earth station's transmitting antenna and a line in the equatorial
plane that is tangent to the GSO arc at the location of the GSO space
station that the earth station is communicating with.
* * * * *
Protection areas. The geographic regions where U.S. Department of
Defense meteorological satellite systems or National Oceanic and
Atmospheric Administration meteorological satellite systems, or both
such systems, receive signals from low earth orbiting satellites. Also,
areas around 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).
* * * * *
Skew angle. The angle between the minor axis of an axially
asymmetric antenna beam and the plane tangent to the GSO arc.
* * * * *
Two-degree-compliant space station. A GSO FSS space station
operating in the conventional or extended C-band, the conventional or
extended Ku-band, or the 20/30 GHz bands within the routine limits on
downlink PSD or PFD specified in Sec. 25.140(a)(3) and communicating
only with earth stations operating in conformance with routine uplink
parameters specified in Sec. Sec. 25.134, 25.138(a), 25.211(d),
25.212(c), (d), or (f), 25.218, 25.221(a)(1) or (a)(3), 25.222(a)(1) or
(a)(3), 25.223(b), 25.226(a)(1) or (a)(3), or Sec. 25.227(a)(1) or
(a)(3).
* * * * *
VSAT network. A network consisting of ``remote'' earth stations
with small antennas that communicate via one or more FSS space
stations, which usually include one or more ``hub'' or ``gateway''
earth stations that route messages and may perform other network
control functions.
0
5. Amend Sec. 25.110 by revising paragraphs (b) and (d) to read as
follows:
Sec. 25.110 Filing of applications, fees, and number of copies.
* * * * *
(b) Submitting your application.
(1) All earth station license applications must be filed
electronically on Form 312 in accordance with the applicable provisions
of part 1, subpart Y of this chapter.
(2) Except as provided in paragraph (b)(3) of this section,
applications for space station licenses must be filed electronically on
Form 312 in accordance with the applicable provisions of part 1,
subpart Y of this chapter and include all information required by Sec.
25.114.
(3) A license application for a GSO FSS space station not subject
to the provisions in Appendix 30A or 30B of the ITU's Radio Regulations
may be submitted in two steps, as follows:
(i) Such an application may be initiated by filing, in accordance
with the applicable provisions of part 1, subpart Y of this chapter, a
draft API and Coordination Request for proposed space station operation
in specified frequency bands at a specified orbital location with a
letter signed by the party in interest or a designated representative
requesting that the draft API and Coordination Request be submitted to
the ITU and a declaration of acceptance of ITU cost-recovery
responsibility in accordance with Sec. 25.111(d). Such a filing need
not include a completed Form 312.
(ii) An application initiated pursuant to paragraph (b)(3)(i) of
this section may be completed by filing a complete Form 312 for the
proposed space station and any other information required by Sec.
25.114 within two years of the date of the public notice announcing the
filing of the API and Coordination Request.
* * * * *
(d) An applicant must pay the appropriate filing fee in accordance
with part 1, subpart G of this chapter, at the time when it files Form
312.
0
6. Amend Sec. 25.112 by revising the section heading, the first
sentence in paragraph (b), and paragraph (c), and adding paragraph (d)
to read as follows:
Sec. 25.112 Dismissal and return of applications.
* * * * *
(b) Applications for space station authority found defective under
paragraph (a)(3) or (a)(4) of this section will not be considered. * *
*
(c) The Commission will dismiss an application for failure to
respond substantially within a specified time period to official
correspondence or requests for additional information. Dismissal will
be without prejudice unless the application is mutually exclusive
pursuant to Sec. 25.155, in which case it will be dismissed with
prejudice.
(d) An application will be dismissed without prejudice as a matter
of right if the applicant requests its dismissal prior to final
Commission action.
0
7. Amend Sec. 25.113 by revising paragraphs (f) through (h) and adding
paragraph (i) to read as follows:
Sec. 25.113 Station construction, deployment approval, and operation
of spare satellites.
* * * * *
(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.
(g) Except as set forth in paragraphs (h) and (i) of this section,
approval for orbital deployment and a station license (i.e., operating
authority) must be applied for and granted before a space station may
be deployed and operated in orbit. Approval for orbital deployment may
be requested in an application for a space station license. However, an
application for authority to deploy and operate an on-ground spare
[[Page 65113]]
satellite will be considered pursuant to the following procedures:
(1) Applications for deployment and operation of an on-ground spare
NGSO-like satellite will be considered pursuant to the procedures set
forth in Sec. 25.157, except as set forth in paragraph (g)(3) of this
section.
(2) Applications for deployment and operation of an on-ground spare
GSO-like satellite will be considered pursuant to the procedures set
forth in Sec. 25.158, except as set forth in paragraph (g)(3) of this
section.
(3) Neither paragraph (g)(1) nor (g)(2) of this section will apply
in cases where the space station to be deployed is determined to be an
emergency replacement for a previously authorized space station that
has been lost as a result of a launch failure or a catastrophic in-
orbit failure.
(h) Operators of NGSO satellite systems licensed by the Commission
need not file separate applications to operate technically identical
in-orbit spares deployed pursuant to a blanket license granted under
Sec. 25.114(a). However, the licensee must notify the Commission
within 30 days of bringing an 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.
(i) Replacement of Space Stations within the System License Term.
An operator of NGSO space stations under a blanket license granted by
the Commission need not apply for license modification to deploy and
operate technically identical replacement satellites in a previously-
authorized orbit within the term of the system authorization. However,
the licensee must notify the Commission of the intended launch at least
thirty days in advance and certify that its operation of the additional
space station(s) will not increase the number of operating space
stations above the maximum number specified in the license.
0
8. Amend Sec. 25.114 by removing paragraph (c)(13) and revising
paragraphs (a), (b), (c)(4)(vi)(D), (d)(10), (d)(15)(i), and
(d)(15)(iii) and (iv) to read as follows:
Sec. 25.114 Applications for space station authorizations.
(a)(1) A license application filed pursuant to Sec. 25.110(b)(2)
for a GSO space station or NGSO space station or space station
constellation must comprise a comprehensive proposal and must be
submitted on FCC Form 312, Main Form and Schedule S, with attached
exhibits required by paragraph (d) of this section.
(2) An application for blanket authority for an NGSO constellation
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 station in the constellation.
(3) For an application filed pursuant to the two-step procedure in
Sec. 25.110(b)(3), the filing pursuant to Sec. 25.110(b)(3)(ii) must
be submitted on FCC Form 312, Main Form and Schedule S, with attached
exhibits as required by paragraph (d) of this section, and must
constitute a comprehensive proposal.
(b) Each application for a new or modified space station
authorization must contain the formal waiver required by section 304 of
the Communications Act, 47 U.S.C. 304.
(c) * * *
(4) * * *
(vi) * * *
(D) For a space station 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 a
proposed coverage area for each steerable beam or provide the contour
information described in paragraph (c)(4)(vi)(C) of this section for
each steerable beam.
(d) * * *
(10) Applications for space station authorizations in the 1.6/2.4
GHz or 2 GHz Mobile-Satellite Service must include information required
by Sec. 25.143(b);
* * * * *
(15) * * *
(i) Except as set forth in paragraph (d)(15)(ii) of this section,
an applicant proposing to operate in the 17.3-17.7 GHz frequency band
must demonstrate that the proposed space station will comply with the
power flux density limits in Sec. 25.208(w).
* * * * *
(iii) An applicant proposing to provide international service in
the 17.7-17.8 GHz band must certify that it will meet the power flux
density limits in Sec. 25.208(c).
(iv) Any information required by Sec. Sec. 25.264(a)(6),
25.264(b)(4), or 25.264(d).
* * * * *
0
9. Amend Sec. 25.115 as follows:
0
a. Revise paragraphs (a)(2)(iii) through (vii);
0
b. Remove paragraphs (a)(2)(viii) and (ix);
0
c. Revise paragraph (c)(1);
0
d. Remove from paragraph (c) the terms ``CSAT'' and ``CSATs'' wherever
they appear;
0
e. Revise paragraph (e), paragraph (g) introductory text, and
paragraphs (g)(1) and (2); and
0
f. Remove and reserve paragraph (h).
Sec. 25.115 Application for earth station authorizations.
(a) * * *
(2) * * *
(iii) The application meets all relevant routine licensing criteria
in Sec. Sec. 25.134, 25.211, or 25.212 or includes information filed
pursuant to paragraph (g)(1) of this section indicating that off-axis
EIRP density from the proposed earth stations will not exceed relevant
routine levels specified in Sec. Sec. 25.138(a) or 25.218; and
(iv) Operation of the proposed station has been successfully
coordinated with terrestrial systems, if the station would transmit in
the 5925-6425 MHz band; and
(v) The application includes an environmental impact statement
pursuant to Sec. 1.1311 of this chapter, if required; and
(vi) The applicant does not propose to communicate via non-U.S.-
licensed satellites not on the Permitted Space Station List; and
(vii) If the proposed station(s) will transmit in the 28.35-28.6
GHz and/or 29.5-30 GHz bands, the applicant proposes 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.
* * * * *
(c)(1) Large Networks of Small Antennas operating in the 11.7-12.2
GHz and 14.0-14.5 GHz frequency bands with U.S.-licensed or non-U.S.-
licensed satellites for domestic or international services.
Applications to license small antenna network systems operating in the
11.7-12.2 GHz and 14.0-14.5 GHz frequency band under blanket operating
authority may be filed on FCC Form 312 or Form 312EZ, with a Schedule B
for each large (5 meters or larger) hub station and each representative
type of small antenna (less than 5 meters) operating within the
network.
* * * * *
(e) License applications for earth stations operating in any
portion of the
[[Page 65114]]
18.3-20.2 GHz and 28.35-30.0 GHz bands must be filed on FCC Form 312,
Main Form and Schedule B, and must include any information required by
paragraph (g) or (j) of this section or by Sec. 25.130. An applicant
may request authority for operation of GSO FSS earth stations in the
20/30 GHz bands without specifying the location of user terminals but
must specify the number of terminals to be covered by the license, the
geographic area(s) in which they will operate, and the location of hub
and/or gateway stations.
* * * * *
(g) Applications for earth stations that will transmit to
geostationary satellites in any portion of the 5850-7025 MHz, 12.75-
13.25 GHz, 13.75-14.5 GHz, 24.75-25.25 GHz, 28.35-28.6 GHz, or 29.25-
30.0 GHz band must include, in addition to the particulars of operation
identified on Form 312 and associated Schedule B, the information
specified in either paragraph (g)(1) or (2) below for each earth
station antenna type.
(1) Specification of off-axis EIRP density calculated from
measurements made consistent with the requirements in Sec.
25.132(b)(1), in accordance with the following requirements. For
purposes of this rule, the ``off-axis angle'' is the angle in degrees
from a line between an earth station antenna and the target satellite.
(i) A plot of maximum co-polarized EIRP density in the plane
tangent to the GSO arc, for off-axis angles from minus 180[deg] to plus
180[deg];
(ii) A plot of maximum cross-polarized EIRP spectral density in the
plane tangent to the GSO arc at off-axis angles from minus 10[deg] to
plus 10[deg];
(iii) A plot of maximum co-polarized EIRP density in the plane
perpendicular to the GSO arc at off-axis angles from 0[deg] to plus
30[deg];
(iv) A plot of maximum cross-polarized EIRP density in the plane
tangent to the GSO arc at off-axis angles from minus 10[deg] to plus
10[deg];
(v) A plot of maximum cross-polarized EIRP density in the plane
perpendicular to the GSO arc at off-axis angles from minus 10[deg] to
plus 10[deg];
(vi) The relevant off-axis EIRP density envelopes in Sec. Sec.
25.138, 25.218, 25.221, 25.222, 25.223, 25.226, or 25.227 must be
superimposed on plots submitted pursuant to paragraphs (i) through (v)
above.
(vii) The showing must include a supplemental table for each off-
axis angular range in which the relevant routine EIRP density envelope
will be exceeded, specifying angular coordinates in degrees off-axis
and corresponding calculated off-axis EIRP density at 0.2 degree
increments over the angular range in which the routine envelope will be
exceeded and one degree on each side of that range.
(2) An applicant that certifies pursuant to Sec. 25.132(a)(1) that
a proposed antenna's measured gain pattern conforms to relevant
standards in Sec. 25.209(a) and (b) and that input power density to
the antenna will not exceed a relevant limit in Sec. Sec. 25.134,
25.211, or 25.212 need not provide a showing pursuant to paragraph
(g)(1) of this section for operation with that antenna.
* * * * *
0
10. Amend Sec. 25.117 by adding paragraph (h) to read as follows:
Sec. 25.117 Modification of station license.
* * * * *
(h) Unless otherwise ordered by the Commission, an application for
any of the following kinds of modification of the operation of a GSO
space station will be deemed granted 35 days after the date of the
public notice that the application has been accepted for filing,
provided no objection is filed during the 30-day notice period and the
application does not propose a change that would be inconsistent with a
Commission rule or require modification of the BSS plan in Appendix 30
or the associated feeder link plan in Appendix 30A of the ITU Radio
Regulations.
(1) Relocation of a DBS or GSO FSS space station by no more than
0.15 degrees from the initially authorized orbital location; or
(2) Repositioning one or more antenna beams by no more than 0.3
angular degrees from a line between the space station and the initially
authorized boresight location(s).
0
11. Amend Sec. 25.118 by revising paragraphs (a), (b), and (e) to read
as follows:
Sec. 25.118 Modifications not requiring prior authorization.
(a) Earth station modifications, notification required. Earth
station licensees may make the following modifications without prior
Commission authorization, provided they notify the Commission, using
FCC Form 312 and Schedule B, within 30 days of the modification. The
notification 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.
(1) Authorized VSAT earth station operators may add VSAT remote
terminals without prior authorization, provided that they have complied
with all applicable frequency coordination procedures in accordance
with Sec. 25.251.
(2) A licensee providing service on a private carrier basis may
change its operations to common carrier status without obtaining prior
Commission authorization. The licensee must notify the Commission using
Form 312 within 30 days after the completed change to common carrier
status.
(3) An earth station operator may change a point of communication
without prior authorization, provided that the operator does not
repoint the earth station's antenna and that (i) the change results
from a space station relocation described in paragraph (e) of this
section, or (ii) the new point of communication is a replacement GSO
space station operated by the operator of the original point of
communication within 0.15 degrees of orbital longitude of the same
location, with authority to serve the U.S., and the change does not
entail any increase in the earth station's EIRP or EIRP density.
(4) Licensees may make other changes to their authorized earth
stations without prior authority from the Commission, provided the
modification does not involve:
(i) An increase in EIRP or EIRP density (either main lobe or off-
axis);
(ii) A change in operating frequencies;
(iii) A change from the originally authorized coordinates of more
than 1 second in latitude or longitude for stations operating in
frequency bands shared with terrestrial systems or more than 10 seconds
of latitude or longitude for stations operating in frequency bands not
shared with terrestrial systems;
(iv) A change in polarization;
(v) An increase in antenna height;
(vi) Antenna repointing; or
(iv) A change in the location of a remote control point.
(b) Earth station license modifications, notification not required.
Notwithstanding paragraph (a) of this section, equipment in an
authorized earth station may be replaced without prior authorization
and without notifying the Commission if the new equipment is
electrically identical to the existing equipment.
* * * * *
(e) Relocation of GSO space stations. A space station licensee may
relocate a GSO space station without prior authorization, but upon 30
days prior notice to the Commission and any potentially affected
licensed spectrum user, provided that the operator meets the following
requirements. The notification must be filed electronically on Form 312
through the International
[[Page 65115]]
Bureau Filing System (IBFS) in accordance with the applicable
provisions of part 1, subpart Y of this chapter:
(1) The space station will be relocated to a position within 0.15 degrees of another orbit location assigned to the same
licensee.
(2) The licensee certifies that the space station will operate
after the relocation within the technical parameters authorized and
coordinated for the space station previously assigned to that location.
(3) The licensee certifies that it will comply with all the
conditions of its license for operation at the changed location.
(4) The licensee certifies that it will limit operations of the
space station to Tracking, Telemetry, and Command (TT&C) functions
during the relocation and satellite drift transition period.
(5) The licensee certifies that it has coordinated the station-
keeping volume of the relocated satellite with operators of adjacent
space stations.
(6) The licensee certifies that the relocation will not result in a
lapse of service for any current customer.
(7) If the space station to be relocated is a DBS space station,
the licensee certifies 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. A DBS licensee
that meets this certification requirement is not subject to the
requirements in paragraph (e)(2) of this section.
(8) A DBS licensee must also certify that it will meet the
geographic service requirements in Sec. 25.148(c) after the
relocation.
0
12. Amend Sec. 25.129 by revising 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. Sec. 1.1307(b)
and 2.1033(c) of this chapter, applicants for certification required by
this section must submit any additional equipment test data necessary
to demonstrate compliance with pertinent standards for transmitter
performance prescribed in Sec. Sec. 25.138, 25.202(d) and (f), and
25.216, must submit the statements required by Sec. 2.1093(c) of this
chapter, and must demonstrate compliance with the labeling requirement
in Sec. 25.285(b).
0
13. Amend Sec. 25.130 by revising paragraph (b), paragraph (g)
introductory text, and the note to paragraph (g) to read as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
* * * * *
(b) A frequency coordination analysis in accordance with Sec.
25.203(b) must be provided for earth stations transmitting in the
frequency bands shared with equal rights between terrestrial and space
services, except applications for user transceiver units associated
with the NVNG mobile-satellite service, which must instead provide the
information required by Sec. 25.135, and applications for 1.6/2.4 GHz
MSS user transceivers, which must demonstrate that the transceivers
will operate in compliance with relevant requirements in Sec. 25.213.
Also, applications for transmitting earth stations must include any
notification or demonstration required by any other relevant provision
in Sec. 25.203.
* * * * *
(g) Parties may apply, either in an initial application or an
application for modification of license, for operating authority for
multiple transmitting FSS earth stations that are not eligible for
blanket or network licensing under another section of this part in the
following circumstances:
* * * * *
Note to Paragraph (g): This paragraph does not apply to VSAT
network applications filed pursuant to Sec. Sec. 25.115(c) or
25.218; applications for 20/30 GHz hub stations filed pursuant to
Sec. 25.115(e); applications for NGSO FSS gateway earth stations
filed pursuant to Sec. 25.115(f); applications filed pursuant to
Sec. Sec. 25.221, 25.222, 25.226, or 25.227; or applications for 29
GHz NGSO MSS feeder link stations in a complex as defined in Sec.
25.257.
0
14. Amend Sec. 25.131 by revising paragraphs (b) and (j)(2) to read as
follows:
Sec. 25.131 Filing requirements and registration for receive-only
earth stations.
* * * * *
(b) Receive-only earth stations in the Fixed-Satellite Service that
operate with U.S.-licensed space stations, or with non-U.S.-licensed
space stations that have been duly approved for U.S. market access, may
be registered with the Commission in order to protect them from
interference from terrestrial microwave stations in bands shared co-
equally with the Fixed Service in accordance with the procedures of
Sec. Sec. 25.203 and 25.251, subject to the stricture in Sec.
25.209(e).
* * * * *
(j) * * *
(2) Operators of receive-only earth stations need not apply for
license authority to receive transmissions from non-U.S.-licensed space
stations that have been duly approved for U.S. market access, provided
the space station operator and earth station operator comply with all
applicable rules in this chapter and with applicable conditions in the
Permitted Space Station List or market-access authorization.
0
15. Amend Sec. 25.132 by revising the section heading and paragraphs
(a) and (b) to read as follows:
Sec. 25.132 Verification of earth station antenna performance.
(a)(1) Except as provided in paragraph (a)(2) 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 relevant off-axis gain standards
in Sec. 25.209, measured in accordance with paragraph (b)(1) of this
section. Applicants and licensees must be prepared to submit the
radiation pattern measurements to the Commission on request.
(2) Applicants that specify off-axis EIRP density pursuant to Sec.
25.115(g)(1) are exempt from the certification requirement in paragraph
(a)(1) of this section.
(b)(1) For purposes of paragraph (a)(1) of this section and Sec.
25.115(g)(1), the following measurements on a production antenna
performed on calibrated antenna range must be made at the top and
bottom of each frequency band assigned for uplink transmission:
(i)(A) Co-polarized gain in the azimuth plane must be measured
across a range extending to 180 degrees on each side of the main-lobe
axis, and the measurements must be represented in two plots: One across
the entire angular range of 180 degrees from the main-lobe
axis and the other across 10 degrees from the main-lobe
axis.
(B) Co-polarized gain must be measured from 0 to 30 degrees from
beam peak in the elevation plane.
(ii) Cross-polarization gain must be measured across a range of
plus and minus 10 degrees from beam peak in the azimuth and elevation
planes.
(iii) Main beam gain.
(iv) For antennas with asymmetric apertures or beams, where the
minor axis of the antenna beam (major axis of
[[Page 65116]]
the antenna aperture) will not always be aligned parallel to the plane
tangent to the GSO arc, measurements must be made at the worst-case
skew angle at which the antenna will operate.
(2) The relevant envelope specified in Sec. 25.209 must be
superimposed on each measured pattern.
* * * * *
0
16. Amend Sec. 25.133 by removing and reserving paragraph (c), and
revising paragraphs (a)(2), (b)(1)(v) and (vi), and (b)(2) to read as
follows:
Sec. 25.133 Period of construction; certification of commencement of
operation.
(a) * * *
(2) Operation of a network of earth stations at unspecified
locations under an initial blanket license must commence within 12
months from the date of the license grant unless the Commission orders
otherwise.
(b)(1) * * *
(v) A certification that the facility as authorized has been
completed and that each antenna has been tested and found to perform
within authorized gain patterns or off-axis EIRP density levels; and
(vi) The date when the earth station became operational.
(2) For FSS earth stations authorized under a blanket license, the
licensee must notify the Commission when the earth station network
commences operation. The notification should include the information
described in paragraphs (b)(1)(i) through (iv) of this section and a
certification that each hub antenna, and each type of antenna used in
remote stations in the network, has been tested and found to perform
within authorized gain patterns or off-axis EIRP density levels.
* * * * *
0
17. Amend Sec. 25.134 by removing paragraph (g), redesignating
paragraph (h) as paragraph (g), revising the section heading and
paragraphs (a) and (b), and adding paragraph (c) to read as follows:
Sec. 25.134 Licensing provisions for 4/6 GHz, 12/14 GHz, and 20/30
GHz VSAT networks.
(a) A license application for operation of a VSAT network in the 4/
6 GHz bands may be routinely processed if frequency coordination has
been satisfactorily completed pursuant to Sec. 25.203 and the criteria
in paragraph (a)(1) or (2) of this section are met:
(1)(i) Equivalent antenna diameter is 4.5 meters or more, and the
applicant certifies pursuant to Sec. 25.132(a)(1) that the off-axis
gain of transmitting antennas in the network will not exceed the
relevant levels specified in Sec. 25.209(a) and (b);
(ii) The input power of any full-transponder analog video
transmission will not exceed the relevant limit in Section 25.211(d),
and the bandwidth and input power density of any other type of analog
transmission will not exceed the relevant limits in Sec. 25.212(d);
(iii) The power density of any digitally modulated carrier will not
exceed -2.7 - 10log(N) dBW/4 kHz at the input of any network antenna.
``N'' is the number of network earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
not counting burst collisions resulting from operation with a
contention protocol. N=1 for any station not transmitting
simultaneously with others on common frequencies to the same target
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation.
(2) The application is not subject to an exclusion in Sec.
25.218(a)(1) or (2) and includes tables filed pursuant to Sec.
25.115(g)(1) indicating that off-axis EIRP density from the proposed
earth stations will not exceed relevant routine levels specified in
Sec. 25.218.
(b) Applications for VSAT operation in the 12/14 GHz bands may be
routinely processed if the criteria in the following paragraph (1) or
(2) are met.
(1) (i) Equivalent antenna diameter is 1.2 meters or more, and the
applicant certifies pursuant to Sec. 25.132(a)(1) that the off-axis
gain of transmitting antennas in the network will not exceed the
relevant levels specified in Sec. 25.209(a) and (b);
(ii) The input power of any full-transponder analog video
transmission will not exceed the relevant limit in Sec. 25.211(d), and
the bandwidth and input power density of any other type of analog
transmission will not exceed the relevant limits in Sec. 25.212(c);
(iii) The power spectral density of any digitally modulated carrier
into any transmitting earth station antenna in the proposed network
will not exceed -14.0 - 10log(N) dBW/4 kHz. N is the number of network
earth stations that transmitting simultaneously in the same frequencies
to the same target satellite, not counting packet burst collisions
resulting from operation with a contention protocol. N=1 for any
station not transmitting simultaneously with others on common
frequencies to the same target satellite and stations in networks that
permit such simultaneous co-frequency transmission only in contention
protocol operation.
(2) The application is not subject to an exclusion in Sec.
25.218(a)(1) or (2) and includes tables filed pursuant to Sec.
25.115(g)(1) indicating that off-axis EIRP density from the proposed
earth stations will not exceed relevant routine levels specified in
Sec. 25.218.
(c) Applications for VSAT stations that will transmit digitally
modulated signals to GSO space stations in the 28.35-28.6 GHz and/or
29.25-30.0 GHz band may be routinely processed if the criteria in the
following paragraph (1) or (2) are met:
(1) (i) Equivalent antenna diameter is at least 0.66 meters and the
applicant certifies pursuant to Sec. 25.132(a)(1) that the off-axis
gain of transmitting antennas in the network will not exceed the
relevant levels specified in Sec. 25.209(a) and (b);
(ii) The power spectral density of any digitally modulated carrier
into any transmitting earth station antenna in the proposed network
will not exceed 3.5 - 10log(N) dBW/MHz. ``N'' is the number of network
earth stations transmitting simultaneously in the same frequencies to
the same target satellite, not counting burst collisions resulting from
operation with a contention protocol. N=1 for any station not
transmitting simultaneously with others on common frequencies to the
same target satellite and stations in networks that permit such
simultaneous co-frequency transmission only in contention protocol
operation.
(2) The application includes tables filed pursuant to Sec.
25.115(g)(1) indicating that off-axis EIRP density from the proposed
earth stations will not exceed relevant routine levels specified in
Sec. 25.138.
* * * * *
0
18. Amend Sec. 25.138 by removing and reserving paragraphs (c) through
(e); removing paragraph (g); and revising the section heading,
paragraph (a) introductory text, paragraphs (a)(1) through (5), and
paragraph (b) to read as follows:
Sec. 25.138 Licensing requirements for GSO FSS Earth Stations in the
20/30 GHz bands.
(a) Applications for earth station licenses in the GSO FSS in the
20/30 GHz bands that indicate that the following requirements will be
met and include the information required by relevant provisions in
Sec. Sec. 25.115 and 25.130 may be routinely processed:
(1) The EIRP spectral density of co-polarized signals in the plane
tangent to the GSO arc, as defined in Sec. 25.103, will not exceed the
following values under clear sky conditions:
[[Page 65117]]
------------------------------------------------------------------------
------------------------------------------------------------------------
32.5-25log([thetas])-10log(N) dBW/MHz for
2.0[deg]<=[thetas]<=7[deg
].
11.35-10log(N)............... dBW/MHz for
7[deg]<=[thetas]<=9.23[de
g].
35.5-25log([thetas])-10log(N) dBW/MHz for
9.23[deg]<=[thetas]<=48[d
eg].
3.5-10log(N)................. dBW/MHz for
48[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
Where [thetas] is the angle in degrees from a line from the earth
station antenna to the assigned location of the target satellite. For
stations in networks that allow multiple terminals to transmit
simultaneously in shared frequencies with equal on-axis EIRP, ``N'' is
the maximum number of network earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
not counting burst collisions resulting from operation with a
contention protocol. N=1 for any station not transmitting
simultaneously with others on common frequencies to the same target
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation.
(2) In the plane perpendicular to the GSO arc, as defined in Sec.
25.103, the EIRP density of co-polarized signals will not exceed the
following values under clear sky conditions:
------------------------------------------------------------------------
------------------------------------------------------------------------
35.5-25log([thetas])-10log(N) dBW/MHz for
3.5[deg]<=[thetas]<=7[deg
].
14.35-10log(N)............... dBW/MHz for
7[deg]<[thetas]<=9.23[deg
].
38.5-25log([thetas])-10log(N) dBW/MHz for
9.23[deg]<[thetas]<=48[de
g].
6.5-10log(N)................. dBW/MHz for
48[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
Where: [thetas] and N are as defined in paragraph (a)(1) of this
section.
(3) The EIRP density levels specified in paragraphs (a)(1) and (2)
of this section may be exceeded by up to 3 dB, for values of [thetas]
>10[deg], over 10% of the range of theta ([thetas]) angles from 10-
180[deg] on each side of the line from the earth station to the target
satellite.
(4) The EIRP density of cross-polarized signals will not exceed the
following values in the plane tangent to the GSO arc or in the plane
perpendicular to the GSO arc under clear sky conditions:
------------------------------------------------------------------------
------------------------------------------------------------------------
22.5-25log([thetas])-10log(N) dBW/MHz for
2.0[deg]<[thetas]<=7.0[de
g].
1.35-10log(N)................ dBW/MHz for
7.0[deg]<[thetas]<=9.23[d
eg].
------------------------------------------------------------------------
Where [thetas] and N are as defined in paragraph (a)(1) of this
section.
(5) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared
frequencies to the same target satellite may be routinely processed if
the applicant demonstrates the following:
(i) EIRP density from each station in the network will not exceed a
level 1 dB below the levels specified in paragraphs (a)(1), (a)(2), and
(a)(4) of this section, with the value of N=1.
(ii) Aggregate EIRP density toward any co-frequency space station
other than the target satellite not resulting from colliding data
bursts transmitted pursuant to a contention protocol will not exceed
the limit specified in paragraph (a)(5)(i) of this section.
* * * * *
(b) Operation with off-axis EIRP density exceeding a relevant
envelope specified in paragraph (a) of this section and applications
proposing such operation are subject to coordination requirements in
Sec. 25.220.
* * * * *
0
19. Amend Sec. 25.140 by revising paragraphs (a) and (b)(3) to read as
follows:
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)(1) In addition to the information required by Sec. 25.114, an
applicant for GSO FSS space station operation involving transmission of
analog video signals must certify that the proposed analog video
operation has been coordinated with operators of authorized co-
frequency space stations within 6 degrees of the requested orbit
location.
(2) In addition to the information required by Sec. 25.114, an
applicant for a GSO FSS space station at an orbital location less than
2 degrees from the assigned location of an authorized co-frequency GSO
space station must either certify that the proposed operation has been
coordinated with the operator of the co-frequency space station or
submit an interference analysis demonstrating the compatibility of the
proposed system with the co-frequency space station. Such analysis 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.) The provisions in this paragraph do not apply
to proposed analog video operation, which is subject to the requirement
in paragraph (a)(1).
(3) In addition to the information required by Sec. 25.114,
applicants for GSO FSS space stations must provide the following for
operation other than analog video operation:
(i) With respect to proposed operation in the conventional or
extended C-band, certification that downlink EIRP density will not
exceed 1 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog
transmissions and that EIRP density from associated uplink operation
will not exceed applicable envelopes in Sec. Sec. 25.218 or 25.221(a)
unless the non-conforming uplink and/or downlink operation is
coordinated with operators of authorized co-frequency space stations at
assigned locations within 6 degrees of the orbital location of the
proposed space station.
(ii) With respect to proposed operation in the conventional or
extended Ku-band, certification that downlink EIRP density will not
exceed 10 dBW/4kHz for digital transmission or 17 dBW/4kHz for analog
transmission and that associated uplink operation will not exceed
applicable EIRP density envelopes in Sec. Sec. 25.218, 25.222, 25.226,
or 25.227 unless the non-conforming
[[Page 65118]]
uplink and/or downlink operation is coordinated with operators of
authorized co-frequency space stations at assigned locations within 6
degrees of the orbital location of the proposed space station.
(iii) With respect to proposed operation in the 20/30 GHz band,
certification that the proposed space stations will not generate power
flux-density at the Earth's surface in excess of -118 dBW/m\2\/MHz and
that associated uplink operation will not exceed applicable EIRP
density envelopes in Sec. 25.138(a) unless the non-conforming uplink
and/or downlink operation is coordinated with operators of authorized
co-frequency space stations at assigned locations within 6 degrees of
the orbital location of the proposed space station.
(iv) With respect to proposed operation in other FSS bands, an
interference analysis demonstrating compatibility with any previously
authorized co-frequency space station at a location two degrees away or
certification that the proposed operation has been coordinated with the
operator(s) of the previously authorized space station(s). If there is
no previously authorized space station at a location two degrees away,
the applicant must submit an interference analysis demonstrating
compatibility with a hypothetical co-frequency space station two
degrees away with the same receiving and transmitting characteristics
as the proposed space station.
(b) * * *
(3) Except as described in paragraph (b)(5) of this section, an
applicant for a license to operate a 17/24 GHz BSS space station that
will be located precisely at one of the 17/24 GHz BSS orbital locations
specified in Appendix F of the Report and Order adopted May 2, 2007, IB
Docket No. 06-123, FCC 07-76, must provide an interference analysis
demonstrating the compatibility of its proposed network with any
current or future authorized space station in the 17/24 GHz BSS that
complies with the technical rules in this part and will be located at
least 4 degrees from the proposed space station.
* * * * *
Sec. 25.142 [Amended].
0
20. Amend Sec. 25.142 by removing paragraph (a)(5).
0
21. Amend Sec. 25.143 by removing paragraph (c), redesignating
paragraph (f) as paragraph (c), redesignating paragraph (h) as
paragraph (d), and revising paragraph (a) to read as follows:
Sec. 25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite
Service and 2 GHz Mobile-Satellite Service.
(a) Authority to launch and operate a constellation of NGSO
satellites will be awarded in a single blanket license for operation of
a specified number of space stations in specified orbital planes. An
individual license will be issued for each GSO satellite, whether it is
to be operated in a GSO-only system or in a GSO/NGSO hybrid system.
* * * * *
0
22. Amend Sec. 25.145 by removing and reserving paragraph (f),
removing paragraph (h), and revising the section heading and paragraph
(e) to read as follows:
Sec. 25.145 Licensing provisions for the Fixed-Satellite Service in
the 18.3-20.2 GHz and 28.35-30.0 GHz bands.
* * * * *
(e) Prohibition of certain agreements. No license shall be granted
to any applicant for a space station in the Fixed-Satellite Service
operating in portions of the 18.3-20.2 GHz and 28.35-30.0 GHz bands if
that applicant, or any persons or companies controlling or controlled
by the applicant, shall acquire or enjoy any right, for the purpose of
handling traffic to or from the United States, its territories or
possessions, to construct or operate space segment or earth stations,
or to interchange traffic, which is denied to any other United States
company by reason of any concession, contract, understanding, or
working arrangement to which the Licensee or any persons or companies
controlling or controlled by the Licensee are parties.
0
23. Amend Sec. 25.146 by removing paragraph (m) and.revising the
second sentence in paragraph (a)(1) to read as follows:
Sec. 25.146 Licensing and operating rules for the non-geostationary
orbit Fixed-Satellite Service in the 10.7 GHz-14.5 GHz bands.
(a) * * *
(1) * * * The PFD masks shall be generated in accordance with the
specification stipulated in the most recent version of ITU-R
Recommendation S.1503, ``Functional description to be used in
developing software tools for determining conformity of non-
geostationary satellite orbit fixed-satellite system networks with
limits contained in Article 22 of the Radio Regulations.'' * * *
* * * * *
Sec. 25.147 [Removed and Reserved].
0
24. Remove and reserve Sec. 25.147.
0
25. Amend Sec. 25.151 by revising the section heading and paragraphs
(a)(1), (a)(7) and (a)(8) and adding paragraphs (a)(9) and (10) to read
as follows:
Sec. 25.151 Public notice.
(a) * * *
(1) The receipt of applications for new station authorizations,
except applications for space station authorizations filed pursuant to
Sec. 25.110(b)(3)(i);
* * * * *
(7) Information which the Commission in its discretion believes to
be of public significance;
(8) Special environmental considerations as required by part 1 of
this chapter; and
(9) Submission of APIs and Coordination Requests to the ITU in
response to requests filed pursuant to Sec. 25.110(b)(3)(i).
(10) Receipt of information filed pursuant to Sec.
25.110(b)(3)(ii).
* * * * *
Sec. 25.152 [Removed and Reserved].
0
26. Remove and reserve Sec. 25.152.
0
27. Amend Sec. 25.155 by removing from paragraph (a) the word
``electrical'' and revising paragraphs (b) and (c) to read as follows:
Sec. 25.155 Mutually exclusive applications.
* * * * *
(b) A license application for NGSO-like satellite operation, as
defined in Sec. 25.157, will be entitled to comparative consideration
with one or more mutually exclusive applications only if the
application is received by the Commission in a condition acceptable for
filing by the ``cut-off'' date specified in a public notice.
(c) A license application for GSO-like satellite operation, as
defined in Sec. 25.158, will be entitled to comparative consideration
with another application only if:
(1) The application is mutually exclusive with another GSO-like
space station application; and
(2) The application is received by the Commission in a condition
acceptable for filing at the same millisecond as the other application.
0
28. Amend Sec. 25.156 by removing and reserving paragraph (b) and
revising paragraphs (d)(1) through (5) to read as follows:
Sec. 25.156 Consideration of applications.
* * * * *
(d)(1) Applications for NGSO-like satellite operation will be
considered pursuant to the procedures set forth in Sec. 25.157, except
as provided in Sec. 25.157(b).
(2) Applications for GSO-like satellite operation will be
considered pursuant
[[Page 65119]]
to the procedures set forth in Sec. 25.158, except as provided in
Sec. 25.158(a)(2).
(3) Applications for both NGSO-like satellite operation and GSO-
like satellite operation in two or more service bands will be treated
as separate applications for each service band, and each service band
request will be considered pursuant to Sec. Sec. 25.157 or 25.158, as
appropriate.
(4) Applications for feeder link authority or intersatellite link
authority will be treated like an application separate from its
associated service band. Each feeder link request or intersatellite
link request will be considered pursuant to the procedure for
applications for GSO-like operation or NGSO-like operation, as
applicable.
(5) In cases where the Commission has not adopted frequency-band
specific service rules, the Commission will not consider applications
for NGSO-like satellite operation after it has granted an application
for GSO-like operation in the same frequency band, and it will not
consider applications for GSO-like operation after it has granted an
application for NGSO-like operation in the same band, unless and until
the Commission establishes NGSO/GSO sharing criteria for that frequency
band. In the event that the Commission receives applications for NGSO-
like operation and applications for GSO-like operation at the same
time, and the Commission has not adopted sharing criteria in that band,
the Commission will divide the spectrum between GSO-like and NGSO-like
licensees based on the proportion of qualified GSO-like and NGSO-like
applicants.
* * * * *
0
29. Amend Sec. 25.157 by revising the section heading, paragraphs (a)
and (b), paragraph (c) introductory text, paragraph (g)(1), and the
last sentence in paragraph (g)(2) to read as follows:
Sec. 25.157 Consideration of applications for NGSO-like satellite
operation.
(a) This section specifies the procedures for considering license
applications for ``NGSO-like'' satellite operation, except as provided
in paragraph (b) of this section. For purposes of this section, the
term ``NGSO-like satellite operation'' is defined as:
(1) Operation of any NGSO satellite system, and
(2) Operation of a GSO MSS satellite to communicate with earth
stations with non-directional antennas.
(b) The procedures prescribed in this section do not apply to an
application by the licensed operator of an NGSO constellation or GSO
MSS space station for authority to launch and operate a replacement
satellite, or satellites, with the same operating frequencies as the
satellite(s) to be replaced and (if the replacement satellite is GSO)
at an orbital location within 0.15 degrees of the assigned
location of the satellite to be replaced and which will be launched
before the satellite(s) to be replaced are, or is, retired from service
or within a reasonable time after loss of a satellite during launch or
due to premature failure in orbit.
(c) Each application for NGSO-like satellite operation that is
acceptable for filing under Sec. 25.112, except replacement
applications described in paragraph (b) of this section, will be
reviewed to determine whether it is a ``competing application,'' i.e.,
filed in response to a public notice initiating a processing round, or
a ``lead application,'' i.e., all other applications for NGSO-like
satellite operation.
* * * * *
(g)(1) In the event that a license granted in a processing round
pursuant to this section is cancelled for any reason, the Commission
will redistribute the bandwidth allocated to that applicant equally
among the remaining applicants whose licenses were granted concurrently
with the cancelled license, unless the Commission determines that such
a redistribution would not result in a sufficient number of licensees
remaining to make reasonably efficient use of the frequency band.
(2) * * * Parties already holding licenses for NGSO-like satellite
operation in that frequency band will not be permitted to participate
in that processing round.
* * * * *
0
30. Amend Sec. 25.158 by revising the section heading, paragraph (a),
paragraph (b) introductory text, paragraphs (b)(2) and (c), and
paragraph (d) introductory text to read as follows:
Sec. 25.158 Consideration of applications for GSO-like satellite
systems.
(a)(1) Except as provided in paragraph (a)(2) of this section, this
section specifies the Commission's procedures for considering license
applications for ``GSO-like'' satellite operation. For purposes of this
section, the term ``GSO-like satellite system'' means a GSO satellite
designed to communicate with earth stations with directional antennas,
including operation of GSO satellites to provide MSS feeder links.
(2) The procedures prescribed in this section do not apply to an
application for authority to launch and operate a replacement satellite
with the same operating frequencies and at the same orbital location as
a space station currently licensed to the applicant, to be launched
before the satellite to be replaced is retired from service or within a
reasonable time after loss of the satellite to be replaced due to
launch failure or premature failure in orbit.
(b) Except as provided in paragraph (a)(2) of this section, license
applications for GSO-like satellite systems, including first-step
filings pursuant to Sec. 25.110(b)(3)(i), will be placed in a queue
and considered in the order that they are filed, pursuant to the
following procedure:
* * * * *
(2) If the application is acceptable for filing, the application
will be placed on public notice pursuant to Sec. 25.151.
(i) For applications filed pursuant to Sec. 25.110(b)(3)(i), the
public notice will announce that the API and Coordination Request has
been submitted to the ITU. When further information is filed pursuant
to Sec. 25.110(b)(3)(ii), it will be reviewed to determine whether it
is substantially complete within the meaning of Sec. 25.112. If so, a
second public notice will be issued pursuant to Sec. 25.151 to give
interested parties an opportunity to file pleadings pursuant to Sec.
25.154.
(ii) For any other license application for a GSO-like satellite
system, the public notice will announce that the application has been
found acceptable for filing and will give interested parties an
opportunity to file pleadings pursuant to Sec. 25.154.
(c) An applicant for a license for a GSO-like satellite system is
not allowed to transfer, assign, or otherwise permit any other entity
to assume its place in any queue.
(d) In the event that two or more applications for GSO-like
satellite systems are mutually exclusive within the meaning of Sec.
25.155(c), the Commission will consider those applications pursuant to
the following procedure:
* * * * *
0
31. Amend Sec. 25.163 by revising paragraph (a)(3) to read as follows:
Sec. 25.163 Reinstatement.
(a) * * *
(3) The petition sets forth with specificity the procedures that
have been established to ensure timely filings in the future.
* * * * *
0
32. Amend Sec. 25.165 by revising the section heading, paragraphs
(a)(1) through (4), and paragraphs (c) and (e), and adding paragraphs
(f) and (g) to read as follows:
Sec. 25.165 Surety bonds.
(a) * * *
[[Page 65120]]
(1) An NGSO licensee must file a surety bond requiring payment, in
the event of a default as defined paragraph (c) of this section, in an
amount to be determined by adjusting a baseline amount of $[x] million
for inflation in accordance with paragraph (a)(4) of this section, with
the resulting dollar amount rounded to the nearest $10,000.
(2) A GSO licensee must file a surety bond requiring payment, in
the event of a default as defined paragraph (c) of this section, in an
amount to be determined by adjusting a baseline amount of $[y] million
for inflation in accordance with paragraph (a)(4) of this section, with
the resulting dollar amount rounded to the nearest $10,000.
(3) Licensees of satellite systems including both NGSO satellites
and GSO satellites that will operate in the same frequency bands must
file a bond requiring payment, in the event of a default as defined
paragraph (c) of this section, in an amount to be determined by
adjusting a baseline amount of $[x] million for inflation in accordance
with paragraph (a)(4) of this section, with the resulting dollar amount
rounded to the nearest $10,000.
(4) Inflation adjustment for purposes of paragraphs (a)(1) through
(3) and paragraph (f) of this section shall be computed by multiplying
the baseline dollar amount by the Bureau of Economic Analysis
``GDPChain-type Price Index'' (GDP-CPI) for the most recent quarter and
dividing the product by the GDP-CDI for [year and quarter when
inflation-adjustment rule is adopted].
* * * * *
(c) A licensee will be considered to be in default if it surrenders
the license before meeting all milestone requirements or if it fails to
meet any milestone deadline set forth in Sec. 25.164, and, at the time
of milestone deadline, the licensee has not provided a sufficient basis
for extending the milestone.
* * * * *
(e) A replacement satellite is one that:
(1) Is authorized to be operated at an orbital location within 0.15
degrees of the assigned location of a GSO satellite licensed to the
same party or is authorized for NGSO operation and will replace an
existing NGSO satellite licensed to the same party;
(2) Is authorized to operate in the same frequency bands, and with
the same coverage area as the satellite to be replaced; and
(3) Is scheduled to be launched so that it will be brought into use
at approximately the same time as, but no later than, the existing
satellite is retired.
(f) An applicant that has filed an API and Coordination Request
pursuant to Sec. 25.110(b)(3)(i) must obtain a surety bond in
accordance with the requirements in paragraph (b) of this section. The
bond must require payment, in the event of a default as defined in
paragraph (g) of this section, of an amount to be determined by
adjusting a baseline amount of $[y1] \5\ million in
accordance with paragraph (a)(4) of this section, with the resulting
dollar amount rounded to the nearest $10,000. The application will be
returned as defective pursuant to Sec. 25.112 if a copy of the
required bond is not filed with the Commission within 30 days after
release of a public notice announcing that the Commission has filed the
API and Coordination Request with the ITU.
---------------------------------------------------------------------------
\5\ The value of y1 would be two fifths of the
baseline amount specified in paragraph (a)(2) for a post-grant bond
for a GSO licensee.
---------------------------------------------------------------------------
(g) An applicant or licensee will be deemed to be in default with
respect to a bond filed pursuant to paragraph (f) of this section under
any of the following circumstances:
(1) If the applicant fails to file complete Form 312 and Schedule S
information pursuant to Sec. 25.110(b)(3)(ii) within two years after
the issuance of the public notice announcing the submission of the API
and Coordination Request to the ITU.
(2) If the license application filed pursuant to Sec. 25.110(b)(3)
is dismissed and is not refiled prior to the two-year deadline in Sec.
25.110(b)(3)(ii) or the application is denied and the ruling is
administratively final.
(3) If a license granted for a space station proposed in the
application filed pursuant to Sec. 25.110(b)(3) is surrendered before
the authorized space station is launched.
(4) If a license granted for the space station proposed in the
application filed pursuant to Sec. 25.110(b)(3) is declared null and
void for failure to meet a milestone requirement in Sec. 25.164 and
the milestone ruling is administratively final.
0
33. Amend Sec. 25.202 by revising the table in paragraph (a)(1) and
paragraph (g) to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
(a)(1) * * *
------------------------------------------------------------------------
Earth-to-space
Space-to-earth (GHz) (GHz)
------------------------------------------------------------------------
3.6-3.65............................................. \8\ 5.091-5.25
3.65-3.7............................................. 5.85-5.925
3.7-4.2.............................................. 5.925-6.425
4.5-4.8.............................................. 6.425-6.525
6.7-7.025 \8\........................................ 6.525-6.7
7.025-7.075.......................................... 6.7-7.025
10.7-11.7 \8\........................................ 7.025-7.075
11.7-12.2............................................ 12.7-12.75
12.2-12.7............................................ \8\ 12.75-13.25
18.3-18.58 \1 2\..................................... 13.75-14
18.58-18.8........................................... 14-14.2
18.8-19.3............................................ 14.2-14.5
19.3-19.7............................................ \8\ 15.43-15.63
19.7-20.2............................................ 17.3-17.8
37.5-40 \3\.......................................... 24.75-25.05
40-42................................................ 25.05-25.25
\2\ 27.5-28.35
\4\ 28.35-28.6
\5\ 28.6-29.1
\6\ 29.1-29.25
\7\ 29.25-29.5
\4\ 29.5-30.0
47.2-50.2
------------------------------------------------------------------------
\1\ The 18.3-18.58 GHz band is shared co-equally with existing
terrestrial radiocommunication systems until November 19, 2012.
\2\ FSS is secondary to LMDS in this band.
\3\ Use of this band by the Fixed-Satellite Service is limited to
gateway earth station operations, provided the licensee under this
Part obtains a license under part 101 of this chapter or an agreement
from a part 101 licensee for the area in which an earth station is to
be located. Satellite earth station facilities in this band may not be
ubiquitously deployed and may not be used to serve individual
consumers.
\4\ This band is primary for GSO FSS and secondary for NGSO FSS.
\5\ This band is primary for NGSO FSS and secondary for GSO FSS.
\6\ This band is primary for MSS feeder links and LMDS hub-to-subscriber
transmission.
\7\ This band is primary for MSS feeder links and GSO FSS.
\8\ Use of this band by NGSO FSS systems is limited to transmissions to
or from gateway earth stations.
* * * * *
(g)(1) Except as provided in paragraph (g)(2) below, telemetry,
tracking, and command signals must be transmitted at either or both
edges of the allocated band(s).
(2) Additional, non-emergency telemetry, tracking, and command
signals may be transmitted in frequencies within the assigned bands
that are not at a band edge if such transmissions cause no more
interference and require no greater protection from harmful
interference than the communications traffic on the satellite network.
(3) Frequencies, polarization, and coding of telemetry, tracking,
and command transmissions must be selected to minimize interference
into other satellite networks.
0
34. Amend Sec. 25.203 by adding paragraph (c)(6), revising the first
sentence in paragraph (f), and revising paragraphs (g)(1) and (j) to
read as follows:
[[Page 65121]]
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(c) * * *
(6) Multiple antennas in an NGSO FSS gateway earth station complex
located within an area bounded by one second of latitude and one second
of longitude may be regarded as a single earth station for purposes of
coordination with terrestrial services.
* * * * *
(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 transmit or transmit-receive earth station, other
than a mobile or 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. * * *
(g) * * *
(1) Applicants for authority to operate a new transmitting earth
station in the vicinity of an FCC monitoring station or to modify the
operation of a transmitting earth station in a way that would increase
the field strength produced at such a monitoring station above that
previously authorized should consider the possible need to protect the
FCC stations from harmful interference. Geographic coordinates of the
facilities that require protection are listed in Sec. 0.121(c) of the
Commission's Rules. Applications for fixed stations that will produce
field strength greater than 10 mV/m or power flux density greater than
-65.8 dBW/m\2\ in the authorized emission bandwidth at any of the
referenced coordinates may be examined to determine the extent of
possible interference. Depending on the theoretical field strength
value and existing root-sum-square or other ambient radio field signal
levels at the referenced coordinates, a condition to protect the
monitoring station may be included in the station authorization.
* * * * *
(j) Applicants for non-geostationary 1.6/2.4 GHz Mobile-Satellite
Service/Radiodetermination-Satellite Service feeder links in the 17.7-
20.2 GHz and 27.5-30.0 GHz bands must coordinate with licensees of
Fixed-Satellite Service and terrestrial-service systems sharing the
band to determine geographic protection areas around each non-
geostationary Mobile-Satellite Service/Radiodetermination-Satellite
Service feeder-link earth station.
* * * * *
Sec. 25.204 [Amended].
0
35. Amend Sec. 25.204 by removing the last sentence from paragraph
(e)(1).
0
36. Revise Sec. 25.205 to read as follows:
Sec. 25.205 Minimum antenna elevation angle.
(a) Earth station antennas may not transmit at elevation angles
less than 5 degrees, measured from the horizontal plane to the
direction of maximum radiation, in a frequency band shared with
terrestrial radio services or at elevation angles less than 3 degrees
in other frequency bands. In some instances, it may be necessary to
specify greater minimum elevation angles because of interference
considerations.
(b) ESAAs in aircraft on the ground may not transmit at elevation
angles less than 3 degrees. There is no minimum angle of antenna
elevation for ESAAs while airborne.
0
37. Amend Sec. 25.209 by revising paragraphs (a) through (c), removing
and reserving paragraph (e), removing from paragraph (f) the word
``procedures'' wherever it appears and adding in its place the word
``requirements,'' and revising paragraph (h) to read as follows:
Sec. 25.209 Earth station antenna performance standards.
(a) Except as provided in paragraph (f) of this section, the gain
of any earth station antenna operating in the Fixed-Satellite Service,
including earth stations providing feeder links for satellite services
other than FSS, may not exceed the following limits:
(1) In the plane tangent to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
the 28.35-30 GHz band, or the 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
29-25log10[thgr]............. dBi for
1.5[deg]<=[thgr]<=7[deg].
8............................ dBi for
7[deg]<[thgr]<=9.2[deg].
32-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] is the angle in degrees from a line from the focal point
of the antenna to the target satellite, and dBi refers to dB relative
to an isotropic radiator. This envelope may be exceeded by up to 3 dB
in 10% of the range of [thgr] angles from 7-180[deg].
(2) In the plane tangent to the GSO arc, for earth stations
operating in the conventional Ku-band:
------------------------------------------------------------------------
------------------------------------------------------------------------
29-25log10[thgr]............. dBi for
1.5[deg]<=[thgr]<=7[deg].
8............................ dBi for
7[deg]<[thgr]<=9.2[deg].
32-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=85[deg].
0............................ dBi for
85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr]
angles from 7-180[deg].
(3) In the plane tangent to the GSO arc, for earth stations
operating in the 28.35-30 GHz or 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
29-25log10[thgr]............. dBi for
2[deg]<=[thgr]<=7[deg].
8............................ dBi for
7[deg]<[thgr]<=9.2[deg].
[[Page 65122]]
32-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
0............................ dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr]
angles from 7-180[deg].
(4) In the plane perpendicular to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
28.35-30 GHz band, or 24.75-25.25 GHz band:
Outside the main beam, the gain of the antenna shall lie below the
envelope defined by:
------------------------------------------------------------------------
------------------------------------------------------------------------
32-25log10[thgr]............. dBi for
3[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr]
angles from 3-180[deg].
(5) In the plane perpendicular to the GSO arc, for earth stations
operating in the conventional Ku-band:
Outside the main beam, the gain of the antenna shall lie below the
envelope defined by:
------------------------------------------------------------------------
------------------------------------------------------------------------
32-25log10[thgr]............. dBi for
3[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=85[deg].
0............................ dBi for
85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr]
angles from 3-180[deg].
(6) In the plane perpendicular to the GSO arc, for earth stations
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:
Outside the main beam, the gain of the antenna shall lie below the
envelope defined by:
------------------------------------------------------------------------
------------------------------------------------------------------------
32-25log10[thgr]............. dBi for
3.5[deg]<[thgr]<=7[deg].
10.9......................... dBi for
7[deg]<[thgr]<=9.2[deg].
35-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
3............................ dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thetas] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 6 dB in 10% of the range of [thetas]
angles from 3-180[deg].
(b) Except as provided in paragraph (f) of this section, the off-
axis cross-polarization gain of any antenna used for transmission from
an FSS earth station, including earth stations providing feeder links
for satellite services other than FSS, may not exceed the following
limits:
(1) In the plane tangent to the GSO arc, for earth stations not
operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
19-25log10[thetas]........... dBi for
1.8[deg]<[thetas]<=7[deg]
.
-2........................... dBi for
7[deg]<[thetas]<=9.2[deg]
.
------------------------------------------------------------------------
Where [thetas] and dBi are as defined in paragraph (a)(1) above.
(2) In the plane perpendicular to the GSO arc, for earth stations
not operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
19-25log10[thetas]........... dBi for
3[deg]<[thetas]<=7[deg].
-2........................... dBi for
7[deg]<[thetas]<=9.2[deg]
.
------------------------------------------------------------------------
Where [thetas] and dBi are as defined in paragraph (a)(1) above.
(3) In the plane perpendicular to the GSO arc, for earth stations
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
19-25log10[thetas]........... dBi for
2[deg]<[thetas]<=7[deg].
-2........................... dBi for
7[deg]<[thetas]<=9.2[deg]
.
------------------------------------------------------------------------
Where [thetas] and dBi are as defined in paragraph (a)(1) above.
(c)(1) An earth station licensed for operation with an FSS space
station or registered for reception of transmissions from such a space
station pursuant to Sec. 25.131(b) and (d) is not entitled to
protection from interference from authorized operation of other
stations that would not cause harmful interference to that earth
station if it were using an antenna with receive-band gain patterns
conforming to the levels specified in Sec. 25.209(a) and (b).
(2) A 17/24 GHz BSS telemetry earth station is not entitled to
protection from harmful interference from authorized space station
operation that would not cause harmful interference to that earth
station if it were using an antenna with receive-band gain patterns
conforming
[[Page 65123]]
to the levels specified in paragraphs (a) and (b) of this section.
Receive-only earth stations in the 17/24 GHz BSS are entitled to
protection from harmful interference caused by other space stations to
the extent indicated in Sec. 25.224.
* * * * *
(h) The gain of any transmitting antenna in a gateway earth station
communicating with NGSO FSS satellites in the 10.7-11.7 GHz, 12.75-
13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and/or 14.4-14.5 GHz bands
must lie below the envelope defined as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
29-25log10([thetas])......... dBi for
1[deg]<=[thetas]<=36[deg]
.
-10.......................... dBi for
36[deg]<=[thetas]<=180[de
g].
------------------------------------------------------------------------
Where [thetas] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 3 dB in 10% of the range of [thetas]
angles from 7-180[deg].
0
38. Amend Sec. 25.210 by removing and reserving paragraph (a) and
revising paragraph (i) to read as follows:
Sec. 25.210 Technical requirements for space stations.
* * * * *
(i) Space station antennas in the 17/24 GHz Broadcasting 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 shall be at least 25 dB
within its primary coverage area.
* * * * *
0
39. Amend Sec. 25.211 by removing and reserving paragraph (a) and
revising paragraphs (b) and (e) to read as follows:
Sec. 25.211 Analog video transmissions in the Fixed-Satellite
Service.
* * * * *
(b) All 4/6 GHz analog video transmissions shall contain an energy
dispersal signal at all times with a minimum peak-to-peak bandwidth set
at whatever value is necessary to meet the power flux density limits
specified in Sec. 25.208(a) and successfully coordinated
internationally and accepted by adjacent U.S. satellite operators based
on the use of state of the art space and earth station facilities. All
transmissions in frequency bands described in Sec. 25.208(b) and (c)
shall also contain an energy dispersal signal at all times with a
minimum peak-to-peak bandwidth set at whatever value is necessary to
meet the power flux density limits specified in Sec. 25.208(b) and (c)
and successfully coordinated internationally and accepted by adjacent
U.S. satellite operators based on the use of state of the art space and
earth station facilities.
* * * * *
(e) Applications for authority for analog video uplink transmission
in the 5925-6425 MHz or 14.0-14.5 GHz band that are not eligible for
routine processing under paragraph (d) of this section are subject to
the requirements of Sec. 25.220.
0
40. Amend Sec. 25.212 by revising paragraph (c)(1) and paragraphs (d)
and (e), and adding paragraph (g) 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. Sec. 25.134, 25.222, 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 -8-10log10(N) dBW/4 kHz, and the applicant
certifies conformance with relevant antenna performance standards in
Sec. 25.209(a) and (b). ``N'' is the number of earth stations
transmitting simultaneously in the same frequencies to the same target
satellite. For stations not transmitting simultaneously on common
frequencies to the same target satellite, N=1.
* * * * *
(d) An individual earth station that is not subject to licensing
under 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 applicant certifies conformance with
relevant antenna performance standards in Sec. 25.209(a) and (b), and
power density into the antenna will not exceed +0.5-
10log10(N) dBW/4 kHz for analog carriers or -2.7-
10log10(N) dBW/4 kHz for digital carriers, where ``N'' is as
defined in paragraph (c)(1) of this section.
(e) Applications for authority for fixed earth station operation in
the 5925-6425 GHz or 14.0-14.5 GHz band that do not qualify for routine
processing under relevant criteria in this section, Sec. Sec. 25.211,
or 25.218 are subject to the requirements in Sec. 25.220.
* * * * *
(g) An earth station not subject to network licensing under Sec.
25.134 may be routinely licensed for digital transmission in the 28.35-
28.6 GHz and/or 29.25-30.0 GHz bands if the equivalent diameter of the
transmitting antenna is 66 centimeters or greater, input power spectral
density into the antenna will not exceed 3.5 dBW/MHz, and the
application includes certification pursuant to Sec. 25.132(a)(1) of
conformance with the antenna gain performance requirements in Sec.
25.209(a) and (b).
0
41. Revise Sec. 25.218 to read as follows:
Sec. 25.218 Off-axis EIRP density envelopes for FSS earth stations
transmitting in certain frequency bands.
(a) This section applies to applications for Fixed-Satellite
Service earth stations transmitting to geostationary-orbit space
stations in the conventional C-band, extended C-band, conventional Ku-
band, or extended Ku band, including VSAT applications not meeting
routine licensing criteria in Sec. 25.134, with the following
exceptions:
(1) ESV, VMES, and ESAA applications and
(2) Applications proposing transmission of analog command signals
at a band edge with bandwidths greater than 1 MHz or transmission of
any other type of analog signal with bandwidths greater than 200 kHz.
(b) Earth station applications subject to this section may be
routinely processed if they meet the applicable off-axis EIRP density
envelopes set forth in this section below and include the table
required by Sec. 25.115(h).
(c) Analog earth station operation in the conventional or extended
C-band. (1) In the plane tangent to the GSO arc, as defined in Sec.
25.103:
------------------------------------------------------------------------
------------------------------------------------------------------------
29.5-10log10(N)- dBW/4 kHz for
25log10[thetas]. 1.5[deg]<=[thetas]<=7[deg
]
8.5-10log10(N)............... dBW/4 kHz for
7[deg]<[thetas]<=9.2[deg]
[[Page 65124]]
32.5-10log10(N)- dBW/4 kHz for
25log10[thetas]. 9.2[deg]<[thetas]<=48[deg
]
-9.5-10log10(N).............. dBW/4 kHz for
48[deg]<[thetas]<=180[deg
]
------------------------------------------------------------------------
Where [thetas] is the angle in degrees from a line from the earth
station antenna to the assigned location of the target satellite and
``N'' is the number of network earth stations transmitting
simultaneously in the same frequencies to the same target satellite.
The EIRP density levels specified for [thetas]>7[deg] may be exceeded
by up to 3 dB in up to 10% of the range of theta ([thetas]) angles from
7-180[deg].
(2) In the plane perpendicular to the GSO arc, as defined in Sec.
25.103:
------------------------------------------------------------------------
------------------------------------------------------------------------
32.5-10log10(N)- dBW/4 kHz for
25log10[thetas]. 3[deg]<=[thetas]<=48[deg]
-9.5-10log10(N).............. dBW/4 kHz for
48[deg]<[thetas]<=180[deg
]
------------------------------------------------------------------------
Where [thetas] is as defined in paragraph (c)(1) of this section. These
EIRP density levels may be exceeded by up to 6 dB in the region of main
reflector spillover energy and in up to 10% of the range of [thetas]
angles not included in that region, on each side of the line from the
earth station to the target satellite.
(d) Digital earth station operation in the conventional or extended
C-band. (1) In the plane tangent to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
26.3-10log10(N)- dBW/4 kHz for
25log10[thetas]. 1.5[deg]<=[thetas]<=7[deg
]
5.3-10log10(N)............... dBW/4 kHz for
7[deg]<[thetas]<=9.2[deg]
29.3-10log10(N)- dBW/4 kHz for
25log10[thetas]. 9.2[deg]<[thetas]<=48[deg
]
-12.7-10log10(N)............. dBW/4 kHz for
48[deg]<[thetas]<=180[deg
]
------------------------------------------------------------------------
Where [thetas] is as defined in paragraph (c)(1) of this section, and N
is defined below. The EIRP density levels specified for [thetas]
>7[deg] may be exceeded by up to 3 dB in up to 10% of the range of
theta ([thetas]) angles from 7-180[deg]. For stations in
networks that allow multiple terminals to transmit simultaneously in
shared frequencies with equal on-axis EIRP, ``N'' is the number of
network earth stations transmitting simultaneously in the same
frequencies to the same target satellite, not counting burst collisions
resulting from operation with a contention protocol. N=1 for any
station not transmitting simultaneously with others on common
frequencies to the same target satellite and stations in networks that
permit such simultaneous co-frequency transmission only in contention
protocol operation.
(2) In the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
29.3-10log10(N)- dBW/4 kHz for
25log10[thetas]. 3[deg]<=[thetas]<=48[deg]
-12.7-10log10(N)............. dBW/4 kHz for
48[deg]<[thetas]<=180[deg
]
------------------------------------------------------------------------
Where [thetas] is as defined in paragraph (c)(1) of this section, and N
is as defined in paragraph (d)(1) of this section. These EIRP density
levels may be exceeded by up to 6 dB in the region of main reflector
spillover energy and in up to 10% of the range of [thetas] angles not
included in that region, on each side of the line from the earth
station to the target satellite.
(3) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared
frequencies to the same target satellite may be routinely processed if
the applicant demonstrates the following:
(i) Off-axis EIRP density from each station in the network will be
kept at least 1 dB below the levels specified in paragraphs (d)(1) and
(2) of this section, with the value of N=1.
(ii) Aggregate EIRP density toward any co-frequency space station
other than the target satellite not resulting from colliding data
bursts transmitted pursuant to a contention protocol will not exceed
the limit specified in paragraph (d)(3)(i) above.
(e) Analog earth station operation in the conventional Ku-band. (1)
In the plane tangent to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
21-10log10(N)-25log10[thetas] dBW/4 kHz for
1.5[deg]<=[thetas]<=7[deg
].
0-10log10(N)................. dBW/4 kHz for
7[deg]<[thetas]<=9.2[deg]
.
24-10log10(N)-25log10[thetas] dBW/4 kHz for
9.2[deg]<[thetas]<=48[deg
].
-18-10log10(N)............... dBW/4 kHz for
48[deg]<[thetas]<=85[deg]
.
-8-10log10(N)................ dBW/4 kHz for
85[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
Where [thetas] is as defined in paragraph (c)(1) of this section. The
EIRP density levels specified for [thetas]>7[deg] may be exceeded by up
to 3 dB in up to 10% of the range of theta ([thetas]) angles from
7-180[deg].
(2) In the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
24-10log10(N)-25log10[thetas] dBW/4 kHz for
3[deg]<=[thetas]<=48[deg]
.
-18-10log10(N)............... dBW/4 kHz for
48[deg]<[thetas]<=85[deg]
.
-8-10log10(N)................ dBW/4 kHz for
85[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
[[Page 65125]]
Where [thetas] is as defined in paragraph (c)(1) of this section. These
EIRP density levels may be exceeded by up to 6 dB in the region of main
reflector spillover energy and in up to 10% of the range of [thetas]
angles not included in that region, on each side of the line from the
earth station to the target satellite.
(f) Digital earth station operation in the conventional Ku-band.
(1) In the plane tangent to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
15-10log10(N)-25log10[thetas] dBW/4 kHz for
1.5[deg]<=[thetas]<=7[deg
].
-6-10log10(N)................ dBW/4 kHz for
7[deg]<[thetas]<=9.2[deg]
.
18-10log10(N)-25log10[thetas] dBW/4 kHz for
9.2[deg]<[thetas]<=48[deg
].
-24-10log10(N)............... dBW/4 kHz for
48[deg]<[thetas]<=85[deg]
.
-14-10log10(N)............... dBW/4 kHz for
85[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
Where [thetas] is as defined in paragraph (c)(1) of this section, and N
is as defined in paragraph (d)(1) of this section. The EIRP density
levels specified for [thetas]>7[deg] may be exceeded by up to 3 dB in
up to 10% of the range of theta ([thetas]) angles from 7-
180[deg].
(2) In the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
18-10log10(N)-25log10[thetas] dBW/4 kHz for
3[deg]<=[thetas]<=48[deg]
.
-24-10log10(N)............... dBW/4 kHz for
48[deg]<[thetas]<=85[deg]
.
-14-10log10(N)............... dBW/4 kHz for
85[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
Where [thetas] is as defined in paragraph (c)(1) of this section, and N
is as defined in paragraph (d)(1) of this section. These EIRP density
levels may be exceeded by up to 6 dB in the region of main reflector
spillover energy and in up to 10% of the range of [thetas] angles not
included in that region, on each side of the line from the earth
station to the target satellite.
(3) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared
frequencies to the same target satellite may be routinely processed if
the applicant demonstrates the following:
(i) Off-axis EIRP density from each station in the network will be
kept at least 1 dB below the levels specified in paragraphs (f)(1) and
f)(2) of this section, with the value of N=1.
(ii) Aggregate EIRP density toward any co-frequency space station
other than the target satellite not resulting from colliding data
bursts transmitted pursuant to a contention protocol will not exceed
the limit specified in paragraph (f)(3)(i) of this section.
(g) Analog earth station operation in the extended Ku-band. (1) In
the plane tangent to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
21-10log10(N)-25log10[thgr].. dBW/4 kHz for
1.5[deg]<=[thgr]<=7[deg].
0-10log10(N)................. dBW/4 kHz for
7[deg]<[thgr]<=9.2[deg].
24-10log10(N)-25log10[thgr].. dBW/4 kHz for
9.2[deg]<[thgr]<=48[deg].
-18-10log10(N)............... dBW/4 kHz for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] is as defined in paragraph (c)(1) of this section, and N
is as defined in paragraph (d)(1) of this section. The EIRP density
levels specified for [thgr] >7[deg] may be exceeded by up to 3 dB in up
to 10% of the range of theta ([thgr]) angles from 7-
180[deg].
(2) In the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
24-10log10(N)-25log10[thgr].. dBW/4 kHz for
3[deg]<=[thgr]<=48[deg].
-18-10log10(N)............... dBW/4 kHz for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] is as defined in paragraph (c)(1) of this section. These
EIRP density levels may be exceeded by up to 6 dB in the region of main
reflector spillover energy and in up to 10% of the range of [thgr]
angles not included in that region, on each side of the line from the
earth station to the target satellite.
(h) Digital earth station operation in the extended Ku-band. (1) In
the plane tangent to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
15-10log10(N)-25log10[thgr].. dBW/4 kHz for
1.5[deg]<=[thgr]<=7[deg].
-6-10log10(N)................ dBW/4 kHz for 7[deg]
<[thgr]<=9.2[deg].
18-10log10(N)-25log10[thgr].. dBW/4 kHz for
9.2[deg]<[thgr]<=48[deg].
-24-10log10(N)............... dBW/4 kHz for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] is as defined in paragraph (c)(1) of this section, and N
is as defined in paragraph (d)(1) of this section. The EIRP density
levels specified for [thgr] >7[deg] may be exceeded by up to 3 dB in up
to 10% of the range of theta ([thgr]) angles from 7-
180[deg].
(2) In the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
18-10log10(N)-25log10[thgr].. dBW/4 kHz for
3[deg]<=[thgr]<=48[deg].
-24-10log10(N)............... dBW/4 kHz for
48[deg]<[thgr]<=85[deg].
------------------------------------------------------------------------
[[Page 65126]]
Where [thgr] is as defined in paragraph (c)(1) of this section and N is
as defined in paragraph (d)(1) of this section. These EIRP density
levels may be exceeded by up to 6 dB in the region of main reflector
spillover energy and in up to 10% of the range of [thgr] angles not
included in that region, on each side of the line from the earth
station to the target satellite.
(3) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared
frequencies to the same target satellite may be routinely processed if
the applicant demonstrates the following:
(i) Off-axis EIRP density from each station in the network will be
kept at least 1 dB below the levels specified in paragraphs (h)(1) and
(2) of this section, with the value of N=1.
(ii) Aggregate EIRP density toward any co-frequency space station
other than the target satellite not resulting from colliding data
bursts transmitted pursuant to a contention protocol will be kept at
least 1 dB below the levels specified in paragraphs (h)(1) and (2) of
this section, with the value of N=1.
0
42. Amend Sec. 25.220 by revising paragraphs (a) and (b), removing and
reserving paragraph (d)(1)(i), and revising paragraph (d)(2) to read as
follows:
Sec. 25.220 Non-conforming transmit/receive earth station operations.
(a) The requirements in this section apply to applications for, and
operation of, earth stations transmitting in the conventional or
extended C-band, the conventional or extended Ku-band, or the 20/30 GHz
bands that do not qualify for routine licensing under relevant criteria
in Sec. Sec. 25.134, 25.138, 25.211, 25.212, 25.218, 25.221(a)(1) or
(3), 25.222(a)(1) or (3), 25.226(a)(1) or (3), or Sec. 25.227(a)(1) or
(3).
(b) Applications filed pursuant to this section must include the
information required by Sec. 25.115(g)(1).
* * * * *
(d) * * *
(2) The operator of an earth station licensed pursuant to this
section must reduce EIRP density toward a subsequently launched two-
degree-compliant space station receiving in the same uplink band at a
position within 6 degrees of the earth station's target satellite if
the non-conforming earth station operation has not been coordinated
with the operator of the new satellite. The earth station operator must
reduce EIRP density to levels at or within relevant routine limits
toward a two-degree-compliant space station receiving in the same
uplink band at a position more than 6 degrees away from the target
satellite if operation of the co-frequency space station is adversely
affected by the non-conforming earth station operation, unless the non-
conforming operation is permitted under a coordination agreement with
the operator of the co-frequency satellite.
* * * * *
0
43. Amend Sec. 25.221 by revising paragraphs (a)(1)(i)(A) through (D),
paragraphs (a)(2) and (3), the introductory text of paragraphs (b) and
(b)(1), removing and reserving paragraphs (b)(1)(i) and (ii), and
revising paragraphs (b)(2) and (3) to read as follows:
Sec. 25.221 Blanket Licensing provisions for Earth Stations on
Vessels (ESVs) receiving in the 3700-4200 MHz (space-to-Earth) band and
transmitting in the 5925-6425 MHz (Earth-to-space) band, operating with
GSO Satellites in the Fixed-Satellite Service.
(a) * * *
(1) * * *
(i) * * *
(A) Off-axis EIRP spectral density emitted in the plane tangent to
the GSO arc, as defined in Sec. 25.103, shall not exceed the following
values:
------------------------------------------------------------------------
------------------------------------------------------------------------
26.3-10log(N)-25log[thgr].... dBW/4 kHz for 1.5[deg]
<=[thgr]<=7[deg].
5.3-10log(N)................. dBW/4 kHz for
7[deg]<[thgr]<=9.2[deg].
29.3-10log(N)-25log[thgr].... dBW/4 kHz for
9.2[deg]<[thgr]<=48[deg].
-12.7-10log(N)............... dBW/4 kHz for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where theta ([thgr]) is the angle in degrees from a line from the earth
station antenna to the assigned orbital location of the target
satellite. For stations in networks that allow multiple terminals to
transmit simultaneously in shared frequencies with equal on-axis EIRP,
``N'' is the number of network earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
not counting burst collisions resulting from operation with a
contention protocol. N=1 for any station not transmitting
simultaneously with others on common frequencies to the same target
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP
density levels specified for [thgr] > 7[deg] may be exceeded by up to 3
dB in up to 10% of the range of theta ([thgr]) angles from 7-180[deg].
(B) In the plane perpendicular to the GSO arc, as defined in Sec.
25.103, EIRP spectral density of co-polarized signals shall not exceed
the following values:
------------------------------------------------------------------------
------------------------------------------------------------------------
29.3-10log(N)-25log[thgr].... dBW/4 kHz for
3.0[deg]<=[thgr]<=48[deg]
.
-12.7-10log(N)............... dBW/4 kHz for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and N are as defined in paragraph (a)(1)(i)(A) of this
section. These EIRP density levels may be exceeded by up to 6 dB in the
region of main reflector spillover energy and in up to 10% of the range
of [thgr] angles not included in that region, on each side of the line
from the earth station to the target satellite.
(C) The off-axis EIRP spectral-density of cross-polarized signals
shall not exceed the following values in the plane tangent to the GSO
arc or in the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
16.3-10log(N)-25log[thgr].... dBW/4 kHz for
1.8[deg]<=[thgr]<=7.0[deg
].
-4.7-10log(N)................ dBW/4 kHz for
7.0[deg]<[thgr]<=9.2[deg]
.
------------------------------------------------------------------------
Where [thgr] and N are as defined in paragraph (a)(1)(i)(A) of this
section.
(D) For non-circular ESV antennas, the major axis of the antenna
must be aligned with the plane tangent to the GSO arc to the extent
required to meet
[[Page 65127]]
the specified off-axis EIRP spectral-density criteria.
* * * * *
(2) The following requirements apply to ESV systems that operate
with off-axis EIRP spectral-densities in excess of the levels in
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted
based on certifications filed pursuant to paragraph (b)(2) of this
section.
(i) An ESV or ESV system licensed based on certifications filed
pursuant to paragraph (b)(2) of this section must operate in accordance
with the off-axis EIRP density specifications provided to the target
satellite operator in order to obtain the certifications.
(ii) Any ESV transmitter operating under a license granted based on
certifications filed pursuant to paragraph (b)(2) of this section must
be self-monitoring and capable of shutting itself off and must cease or
reduce emissions within 100 milliseconds after generating off-axis
EIRP-density in excess of the specifications supplied to the target
satellite operator.
(iii) A system with variable power control of individual ESV
transmitters must monitor the aggregate off-axis EIRP density from
simultaneously-transmitting ESV transmitters at the system's network
control and monitoring center. If simultaneous operation of two or more
ESV transmitters causes aggregate off-axis EIRP density to exceed the
off-axis EIRP-density specifications supplied to the target satellite
operator, the network control and monitoring center must command those
transmitters to cease emissions or reduce the aggregate EIRP density to
a level at or below those specifications, and the transmitters must
comply within 100 milliseconds of receiving the command.
(3) The following requirements apply to an ESV system that uses
variable power control of individual earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
unless the ESV system operates pursuant to paragraph (a)(2) of this
section.
(i) Aggregate EIRP density from terminals in the network toward any
co-frequency satellite other than the target satellite(s) must be at
least 1 dB below the limits defined in paragraph (a)(1)(i) of this
section, with the value of N=1.
(ii) Each ESV transmitter must be self-monitoring and capable of
shutting itself off and must cease or reduce emissions within 100
milliseconds after generating off-axis EIRP density in excess of the
limit in paragraph (a)(3)(i) of this section.
(iii) Aggregate power density from simultaneously-transmitting ESV
transmitters must be monitored at the system's network control and
monitoring center. If simultaneous operation of two or more ESV
transmitters causes aggregate off-axis EIRP density to exceed the off-
axis EIRP density limit in paragraph (a)(3)(i) of this section, the
network control and monitoring center must command those transmitters
to cease emissions or reduce the aggregate EIRP density to a level at
or below that limit, and those transmitters must comply within 100
milliseconds of receiving the command.
* * * * *
(b) Applications for ESV operation in the 5925-6425 MHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must
include, in addition to the particulars of operation identified on Form
312, and associated Schedule B, applicable technical demonstrations or
certifications pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this
section and the documentation identified in paragraphs (b)(4) through
(b)(6) of this section.
(1) An ESV applicant proposing to implement a transmitter under
paragraph (a)(1) of this section must provide the information required
by Sec. 25.115(g)(1). The applicant must also specify the value N
defined in paragraph (a)(1)(i)(A) of this section. An applicant
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of
this section must also provide the certifications identified in
paragraph (b)(1)(iii) of this section. An ESV applicant proposing to
implement a transmitter under paragraph (a)(1)(ii)(B) of this section
must also provide the demonstrations identified in paragraph (b)(1)(iv)
of this section.
* * * * *
(2) An applicant proposing to operate with off-axis EIRP density in
excess of the levels specified in paragraph (a)(1)(i) or (a)(3)(i) of
this section must provide the following in exhibits to its earth
station application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1):
(ii) The certifications required by Sec. 25.220(d);
(iii) A detailed showing that each ESV transmitter in the system
will automatically cease or reduce emissions within 100 milliseconds
after generating EIRP density exceeding specifications provided to the
target satellite operator;
(iv) A detailed showing that the aggregate power density from
simultaneously-transmitting ESV transmitters will be monitored at the
system's network control and monitoring center; that if simultaneous
operation of two or more ESV transmitters causes the aggregate off-axis
EIRP density to exceed the off-axis EIRP density specifications
supplied to the target satellite operator, the network control and
monitoring center will command those transmitters to cease emissions or
reduce the aggregate EIRP density to a level at or below those
specifications; and that those transmitters will comply within 100
milliseconds of receiving the command; and
(v) A certification that the ESV system will operate in compliance
with the power limits in Sec. 25.204(h).
(3) An applicant proposing to implement an ESV system subject to
paragraph (a)(3) of this section must provide the following information
in exhibits to its earth station application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1);
(ii) A detailed showing of the measures that will be employed to
maintain aggregate EIRP density at or below the limit in paragraph
(a)(3)(i) of this section;
(iii) A detailed showing that each ESV terminal will automatically
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this
section;
(iv) A detailed showing that the aggregate power density from
simultaneously-transmitting ESV transmitters will be monitored at the
system's network control and monitoring center; that if simultaneous
operation of two or more ESV transmitters causes aggregate off-axis
EIRP density to exceed the off-axis EIRP density limit in paragraph
(a)(3)(i) of this section, the network control and monitoring center
will command those transmitters to cease emissions or reduce the
aggregate EIRP density to a level at or below that limit; and that
those transmitters will comply within 100 milliseconds of receiving the
command; and
(v) Certification that the ESV system will operate in compliance
with the power limits in Sec. 25.204(h).
* * * * *
0
44. Amend Sec. 25.222 by revising paragraphs (a)(1)(i)(A) through (D),
paragraphs (a)(2) and (3), the introductory text of paragraphs (b) and
(b)(1), removing and reserving paragraphs (b)(1)(i) and (ii), and
revising paragraphs (b)(2) and (3) to read as follows:
[[Page 65128]]
Sec. 25.222 Blanket Licensing provisions for Earth Stations on
Vessels (ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-
11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) bands and
transmitting in the 14.0-14.5 GHz (Earth-to-space) band, operating with
GSO Satellites in the Fixed-Satellite Service.
(a) * * *
(1) * * *
(i) * * *
(A) Off-axis EIRP spectral density emitted in the plane tangent to
the GSO arc, as defined in Sec. 25.103, shall not exceed the following
values:
------------------------------------------------------------------------
------------------------------------------------------------------------
15-10log(N)-25log[theta]..... dBW/4 kHz for
1.5[deg]<=[theta]<=7[deg]
.
-6-10log(N).................. dBW/4 kHz for
7[deg]<[theta]<=9.2[deg].
18-10log(N)-25log[theta]..... dBW/4 kHz for
9.2[deg]<[theta]<=48[deg]
.
-24-10log(N)................. dBW/4 kHz for
48[deg]<[theta]<=85[deg].
-14-10log(N)................. dBW/4 kHz for
85[deg]<[theta]<=180[deg]
.
------------------------------------------------------------------------
Where theta ([theta]) is the angle in degrees from a line from the
earth station antenna to the assigned orbital location of the target
satellite. For stations in networks that allow multiple terminals to
transmit simultaneously in shared frequencies with equal on-axis EIRP,
``N'' is the number of network earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
not counting burst collisions resulting from operation with a
contention protocol. N=1 for any station not transmitting
simultaneously with others on common frequencies to the same target
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP
density levels specified for [theta] > 7[deg] may be exceeded by up to
3 dB in up to 10% of the range of theta ([theta]) angles from 7-180[deg].
(B) The off-axis EIRP density of co-polarized signals shall not
exceed the following values in the plane perpendicular to the GSO arc,
as defined in Sec. 25.103:
------------------------------------------------------------------------
------------------------------------------------------------------------
18-10log(N)-25log[theta]..... dBW/4 kHz for
3.0[deg]<=[theta]<=48[deg
].
-24-10log(N)................. dBW/4 kHz for
48[deg]<[theta]<=85[deg].
-14-10log(N)................. dBW/4 kHz for
85[deg]<[theta]<=180[deg]
.
------------------------------------------------------------------------
Where [theta] and N are as defined in paragraph (a)(1)(i)(A) of this
section. These EIRP density levels may be exceeded by up to 6 dB in the
region of main reflector spillover energy and in up to 10% of the range
of [theta] angles not included in that region, on each side of the line
from the earth station to the target satellite.
(C) The off-axis EIRP density of cross-polarized signals shall not
exceed the following values in the plane tangent to the GSO arc or in
the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
5-10log(N)-25log[theta]...... dBW/4 kHz for
1.8[deg]<=[theta]<=7.0[de
g].
-16-10log(N)................. dBW/4 kHz for
7.0[deg]<[theta]<=9.2[deg
].
------------------------------------------------------------------------
Where [theta] and N are as defined in paragraph (a)(1)(i)(A) of this
section.
(D) For non-circular ESV antennas, the major axis of the antenna
must be aligned with the plane tangent to the GSO arc to the extent
required to meet the specified off-axis EIRP density criteria.
* * * * *
(2) The following requirements apply to ESV systems that operate
with off-axis EIRP spectral-densities in excess of the levels in
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted
based on certifications filed pursuant to paragraph (b)(2) of this
section.
(i) An ESV or ESV system licensed based on certifications filed
pursuant to paragraph (b)(2) of this section must operate in accordance
with the off-axis EIRP density specifications provided to the target
satellite operator in order to obtain the certifications.
(ii) Any ESV transmitter operating under a license granted based on
certifications filed pursuant to paragraph (b)(2) of this section must
be self-monitoring and capable of shutting itself off and must cease or
reduce emissions within 100 milliseconds after generating off-axis
EIRP-density in excess of the specifications supplied to the target
satellite operator.
(iii) A system with variable power control of individual ESV
transmitters must monitor the aggregate off-axis EIRP density from
simultaneously-transmitting ESV transmitters at the system's network
control and monitoring center. If simultaneous operation of two or more
ESV transmitters causes aggregate off-axis EIRP density to exceed the
off-axis EIRP-density specifications supplied to the target satellite
operator, the network control and monitoring center must command those
transmitters to cease emissions or reduce the aggregate EIRP density to
a level at or below those specifications, and the transmitters must
comply within 100 milliseconds of receiving the command.
(3) The following requirements apply to an ESV system that uses
variable power control of individual earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
unless the ESV system operates pursuant to paragraph (a)(2) of this
section.
(i) Aggregate EIRP density from terminals in the network toward any
co-frequency satellite other than the target satellite(s) must be at
least 1 dB below the limits defined in paragraph (a)(1)(i) of this
section, with the value of N = 1.
(ii) Each ESV transmitter must be self-monitoring and capable of
shutting itself off and must cease or reduce emissions within 100
milliseconds after generating off-axis EIRP density in excess of the
limit in paragraph (a)(3)(i) of this section.
(iii) Aggregate power density from simultaneously-transmitting ESV
transmitters must be monitored at the
[[Page 65129]]
system's network control and monitoring center. If simultaneous
operation of two or more ESV transmitters causes aggregate off-axis
EIRP density to exceed the off-axis EIRP density limit in paragraph
(a)(3)(i) of this section, the network control and monitoring center
must command those transmitters to cease emissions or reduce the
aggregate EIRP density to a level at or below that limit, and those
transmitters must comply within 100 milliseconds of receiving the
command.
* * * * *
(b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must
include, in addition to the particulars of operation identified on Form
312, and associated Schedule B, applicable technical demonstrations or
certifications pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this
section and the documentation identified in paragraphs (b)(4) through
(6) of this section.
(1) An ESV applicant proposing to implement a transmitter under
paragraph (a)(1) of this section must provide the information required
by Sec. 25.115(g)(1). The applicant must also specify the value N
defined in paragraph (a)(1)(i)(A) of this section. An applicant
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of
this section must also provide the certifications identified in
paragraph (b)(1)(iii) of this section. An ESV applicant proposing to
implement a transmitter under paragraph (a)(1)(ii)(B) of this section
must also provide the demonstrations identified in paragraph (b)(1)(iv)
of this section.
* * * * *
(2) An applicant proposing to operate with off-axis EIRP density in
excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this
section must provide the following in exhibits to its earth station
application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1);
(ii) The certifications required by Sec. 25.220(d);
(iii) A detailed showing that each ESV transmitter in the system
will automatically cease or reduce emissions within 100 milliseconds
after generating EIRP density exceeding specifications provided to the
target satellite operator; and
(iv) A detailed showing that the aggregate power density from
simultaneously transmitting ESV transmitters will be monitored at the
system's network control and monitoring center; that if simultaneous
operation of two or more ESV transmitters causes the aggregate off-axis
EIRP density to exceed the off-axis EIRP density specifications
supplied to the target satellite operator, the network control and
monitoring center will command those transmitters to cease emissions or
reduce the aggregate EIRP density to a level at or below those
specifications; and that those transmitters will comply within 100
milliseconds of receiving the command.
(3) An applicant proposing to implement an ESV system subject to
paragraph (a)(3) of this section must provide the following information
in exhibits to its earth station application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1);
(ii) A detailed showing of the measures that will be employed to
maintain aggregate EIRP density at or below the limit in paragraph
(a)(3)(i) of this section;
(iii) A detailed showing that each ESV terminal will automatically
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this
section; and
(iv) A detailed showing that the aggregate power density from
simultaneously-transmitting ESV transmitters will be monitored at the
system's network control and monitoring center; that if simultaneous
operation of two or more ESV transmitters causes aggregate off-axis
EIRP density to exceed the off-axis EIRP density limit in paragraph
(a)(3)(i) of this section, the network control and monitoring center
will command those transmitters to cease emissions or reduce the
aggregate EIRP density to a level at or below that limit; and that
those transmitters will comply within 100 milliseconds of receiving the
command.
* * * * *
0
45. Amend Sec. 25.223 by revising paragraphs (b), (c), and (d) to read
as follows:
Sec. 25.223 Alternative licensing rules for feeder-link earth
stations in the 17/24 GHz BSS.
* * * * *
(b) Applications for earth station licenses in the 24.75-25.25 GHz
portion of 17/24 GHz BSS may be routinely processed if they meet the
following requirements:
(1) The EIRP density of co-polarized signals shall not exceed the
following values in the plane tangent to the GSO arc, as defined in
Sec. 25.103, under clear sky conditions:
------------------------------------------------------------------------
------------------------------------------------------------------------
32.5-25log([theta]).......... dBW/MHz for
2[deg]<=[theta]<=7[deg].
11.4......................... dBW/MHz for
7[deg]<=[theta]<=9.2[deg]
.
35.5-25log([theta]).......... dBW/MHz for
9.2[deg]<=[theta]<=48[deg
].
3.5.......................... dBW/MHz for
48[deg]<=[theta]<=180[deg
].
------------------------------------------------------------------------
Where [theta] is the angle in degrees from a line from the earth
station antenna to the assigned orbital location of the target
satellite.
(2) The EIRP density of co-polarized signals shall not exceed the
following values under clear sky conditions in the plane perpendicular
to the GSO arc, as defined in Sec. 25.103:
------------------------------------------------------------------------
------------------------------------------------------------------------
35.-25log([theta])........... dBW/MHz for
2[deg]<=[theta]<=7[deg].
14.4......................... dBW/MHz for
7[deg]<=[theta]<=9.2[deg]
.
38.5-25log([theta]).......... dBW/MHz for
9.2[deg]<=[theta]<=48[deg
].
6.5.......................... dBW/MHz for
48[deg]<=[theta]<=180[deg
]
------------------------------------------------------------------------
Where [theta] is as defined in paragraph (b)(1) of this section.
(3) The EIRP density levels specified in paragraphs (a)(1) and (2)
of this section may be exceeded by up to 3 dB for values of
[theta]>10[deg], in 10% of the range of theta ([theta]) angles from
10[deg]-180[deg] on each side of the line from the earth station to the
target satellite.
(4) The EIRP density of cross-polarized signals shall not exceed
the following values in the plane tangent to the GSO arc or in the
plane
[[Page 65130]]
perpendicular to the GSO arc, under clear sky conditions:
------------------------------------------------------------------------
------------------------------------------------------------------------
22.5-25log([theta]).......... dBW/MHz for
2[deg]<=[theta]<=7[deg].
1.4.......................... dBW/MHz for
7[deg]<=[theta]<=9.2[deg]
.
------------------------------------------------------------------------
Where [theta] is as defined in paragraph (b)(1) of this section.
(c) An applicant proposing levels in excess of those specified in
paragraph (b) of this section must certify that potentially affected
parties acknowledge and do not object to the use of the applicant's
higher EIRP densities.
(1) For proposed non-conforming EIRP density levels up to 3 dB in
excess of the limits defined in paragraph (b) of this section,
potentially affected parties are operators of co-frequency U.S.-
authorized 17/24 GHz BSS space stations at angular separations of up to
6[deg] from the proposed satellite points of communication.
For proposed EIRP density levels more than 3 dB but not more than 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 space stations up to 10[deg] from the proposed
satellite points of communication.
(2) Notwithstanding paragraph (c)(1) of this section, an applicant
need not certify that the operator of a co-frequency space station
consents to proposed non-conforming operation if EIRP density from the
proposed earth station will not exceed the levels specified in
paragraph (b) toward any position in the geostationary arc within 1
degree of the assigned orbital location of the co-frequency space
station.
(3) Power density levels more than 6 dB in excess of the limits
defined in paragraph (b) of this section will not be permitted.
(d)(1) The operator of an earth station licensed pursuant to
paragraph (c) of this section shall bear the burden of coordinating
with the operator of a co-frequency space station subsequently licensed
by the Commission for operation at an orbital location 10 degrees or
less from the earth station's target satellite if the co-frequency
space station's reception of conforming uplink transmissions is, or
would be, adversely affected by the earth station's non-conforming
operation. If no agreement is reached, the earth station operator must
reduce EIRP density toward that co-frequency space station to a level
in conformance with the envelopes specified in paragraph (b) of this
section.
(2) The operator of an earth station licensed pursuant to paragraph
(c)(1) or (c)(2) of this section must reduce EIRP density to levels at
or within those specified in paragraph (b) toward a U.S.-licensed space
station receiving in the same uplink band at a position more than 6 or
10 degrees away from the earth station's target satellite if the co-
frequency space station's reception of conforming uplink transmissions
is adversely affected by the non-conforming earth station operation,
unless the non-conforming operation is permitted under a coordination
agreement with the operator of the co-frequency space station.
* * * * *
0
46. Amend Sec. 25.226 by revising paragraphs (a)(1)(i)(A) through (D),
paragraphs (a)(2) and (3), paragraphs (b) and (b)(1) introductory text,
removing and reserving paragraphs (b)(1)(i) and (ii), and revising
paragraphs (b)(2) and (b)(3) to read as follows:
Sec. 25.226 Blanket Licensing provisions for domestic, U.S. Vehicle-
Mounted Earth Stations (VMESs) receiving in the 10.95-11.2 GHz (space-
to-Earth), 11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-
to-Earth) bands and transmitting in the 14.0-14.5 GHz (Earth-to-space)
band, operating with Geostationary Satellites in the Fixed-Satellite
Service.
(a) * * *
(1) * * *
(i) * * *
(A) Off-axis EIRP spectral density emitted in the plane tangent to
the GSO arc, as defined in Sec. 25.103, shall not exceed the following
values:
------------------------------------------------------------------------
------------------------------------------------------------------------
15-10log(N)-25log[theta]..... dBW/4 kHz for
1.5[deg]<=[theta]<=7[deg]
.
-6-10log(N).................. dBW/4 kHz for
7[deg]<[theta]<=9.2[deg].
18-10log(N)-25log[theta]..... dBW/4 kHz for
9.2[deg]<[theta]<=48[deg]
.
-24-10log(N)................. dBW/4 kHz for
48[deg]<[theta]<=85[deg].
-14-10log(N)................. dBW/4 kHz for
85[deg]<[theta]<=180[deg]
.
------------------------------------------------------------------------
Where theta ([theta]) is the angle in degrees from a line from the
earth station antenna to the assigned orbital location of the target
satellite. For stations in networks that allow multiple terminals to
transmit simultaneously in shared frequencies with equal on-axis EIRP,
``N'' is the number of network earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
not counting burst collisions resulting from operation with a
contention protocol. N=1 for any station not transmitting
simultaneously with others on common frequencies to the same target
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP
density levels specified for [theta]>7[deg] may be exceeded by up to 3
dB in up to 10% of the range of theta ([theta]) angles from 7-180[deg].
(B) The off-axis EIRP spectral density of co-polarized signals
shall not exceed the following values in the plane perpendicular to the
GSO arc, as defined in Sec. 25.103:
------------------------------------------------------------------------
------------------------------------------------------------------------
18-10log(N)-25log[theta]..... dBW/4 kHz for
3.0[deg]<=[theta]<=48[deg
].
-24-10log(N)................. dBW/4 kHz for
48[deg]<[theta]<=85[deg].
-14-10log(N)................. dBW/4 kHz for
85[deg]<[theta]<=180[deg]
.
------------------------------------------------------------------------
Where [theta] and N are as defined in paragraph (a)(1)(i)(A) of this
section. These EIRP density levels may be exceeded by up to 6 dB in the
region of main reflector spillover energy and in up to 10% of the range
of [theta] angles not included in that region, on each side of the line
from the earth station to the target satellite.
[[Page 65131]]
(C) The EIRP density of cross-polarized signals shall not exceed
the following values in the plane tangent to the GSO arc or in the
plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
5-10log(N)-25log[theta]...... dBW/4 kHz for
1.8[deg]<=[theta]<=7.0[de
g].
-16-10log(N)................. dBW/4 kHz for
7.0[deg]<[theta]<=9.2[deg
].
------------------------------------------------------------------------
Where [theta] and N are as defined in paragraph (a)(1)(i)(A) of this
section.
(D) For non-circular VMES antennas, the major axis of the antenna
must be aligned with the plane tangent to the GSO arc to the extent
required to meet the specified off-axis EIRP spectral density criteria.
* * * * *
(2) The following requirements apply to VMES systems that operate
with off-axis EIRP spectral-densities in excess of the levels in
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted
based on certifications filed pursuant to paragraph (b)(2) of this
section.
(i) A VMES or VMES system licensed based on certifications filed
pursuant to paragraph (b)(2) of this section must operate in accordance
with the off-axis EIRP density specifications provided to the target
satellite operator in order to obtain the certifications.
(ii) Any VMES transmitter operating under a license granted based
on certifications filed pursuant to paragraph (b)(2) of this section
must be self-monitoring and capable of shutting itself off and must
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP-density in excess of the specifications supplied to the
target satellite operator.
(iii) A system with variable power control of individual VMES
transmitters must monitor the aggregate off-axis EIRP density from
simultaneously-transmitting VMES transmitters at the system's network
control and monitoring center. If simultaneous operation of two or more
VMES transmitters causes aggregate off-axis EIRP density to exceed the
off-axis EIRP density specifications supplied to the target satellite
operator, the network control and monitoring center must command those
transmitters to cease emissions or reduce the aggregate EIRP density to
a level at or below those specifications and the transmitters must
comply within 100 milliseconds of receiving the command.
(3) The following requirements apply to a VMES system that uses
variable power control of individual VMES earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
unless the system operates pursuant to paragraph (a)(2) of this
section.
(i) Aggregate EIRP density from terminals in the network toward any
co-frequency satellite other than the target satellite(s) must be at
least 1 dB below the limits defined in paragraph (a)(1)(i) of this
section, with the value of N=1.
(ii) Each VMES transmitter must be self-monitoring and capable of
shutting itself off and must cease or reduce emissions within 100
milliseconds after generating off-axis EIRP density in excess of the
limit in paragraph (a)(3)(i) of this section.
(iii) Aggregate power density from simultaneously-transmitting VMES
transmitters must be monitored at the system's network control and
monitoring center. If simultaneous operation of two or more
transmitters in a VMES network causes aggregate off-axis EIRP density
to exceed the off-axis EIRP density limit in paragraph (a)(3)(i) of
this section, the network control and monitoring center must command
those transmitters to cease emissions or reduce the aggregate EIRP
density to a level at or below that limit, and those transmitters must
comply within 100 milliseconds of receiving the command.
* * * * *
(b) Applications for VMES operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must
include, in addition to the particulars of operation identified on Form
312, and associated Schedule B, applicable technical demonstrations
pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this section and the
documentation identified in paragraphs (b)(4) through (b)(8) of this
section.
(1) A VMES applicant proposing to implement a transmitter under
paragraph (a)(1) of this section must provide the information required
by Sec. 25.115(g)(1). The applicant must also specify the value N
defined in paragraph (a)(1)(i)(A) of this section. An applicant
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of
this section must also provide the certifications identified in
paragraph (b)(1)(iii) of this section. An applicant proposing to
implement a transmitter under paragraph (a)(1)(ii)(B) of this section
must also provide the demonstrations identified in paragraph (b)(1)(iv)
of this section.
* * * * *
(2) An applicant proposing to operate with off-axis EIRP density in
excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this
section must provide the following in exhibits to its earth station
application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1);
(ii) The certifications required by Sec. 25.220(d);
(iii) A detailed showing that each VMES transmitter in the system
will automatically cease or reduce emissions within 100 milliseconds
after generating EIRP density exceeding specifications provided to the
target satellite operator; and
(iv) A detailed showing that the aggregate power density from
simultaneously-transmitting VMES transmitters will be monitored at the
system's network control and monitoring center; that if simultaneous
operation of two or more VMES transmitters causes the aggregate off-
axis EIRP density to exceed the off-axis EIRP density specifications
supplied to the target satellite operator, the network control and
monitoring center will command those transmitters to cease emissions or
reduce the aggregate EIRP density to a level at or below those
specifications; and that those transmitters will comply within 100
milliseconds of receiving the command.
(3) An applicant proposing to implement a VMES system subject to
paragraph (a)(3) of this section must provide the following information
in exhibits to its earth station application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1);
(ii) A detailed showing of the measures that will be employed to
maintain aggregate EIRP density at or below the limit in paragraph
(a)(3)(i) of this section;
(iii) A detailed showing that each VMES terminal will automatically
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this
section; and
(iv) A detailed showing that the aggregate power density from
simultaneously-transmitting ESV transmitters will be monitored at the
[[Page 65132]]
system's network control and monitoring center; that if simultaneous
operation of two or more transmitters in the VMES network causes
aggregate off-axis EIRP density to exceed the off-axis EIRP density
limit in paragraph (a)(3)(i) of this section, the network control and
monitoring center will command those transmitters to cease emissions or
reduce the aggregate EIRP density to a level at or below that limit;
and that those transmitters will comply within 100 milliseconds of
receiving the command.
* * * * *
0
47. Amend Sec. 25.227 by revising paragraphs (a)(1)(i)(A) through (C),
paragraphs (a)(2) and (3), paragraphs (b) and (b)(1) introductory text,
removing and reserving paragraphs (b)(1)(i) and (ii), and revising
paragraphs (b)(2) and (3) to read as follows:
* * * * *
Sec. 25.227 Blanket licensing provisions for Earth Stations Aboard
Aircraft (ESAAs) receiving in the 10.95-11.2 GHz (space-to-Earth),
11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-to-Earth)
frequency bands and transmitting in the 14.0-14.5 GHz (Earth-to-space)
frequency band, operating with Geostationary Satellites in the Fixed-
Satellite Service.
(a) * * *
(1) * * *
(i) * * *
(A) EIRP spectral density emitted in the plane tangent to the GSO
arc, as defined in Sec. 25.103, must not exceed the following values:
------------------------------------------------------------------------
------------------------------------------------------------------------
15-10log10(N)-25log10[thetas] dBW/4 kHz for
1.5[deg]<=[thetas]<=7[deg
].
-6-10log10(N)................ dBW/4 kHz for
7[deg]<[thetas]<=9.2[deg]
.
18-10log10(N)-25log10[thetas] dBW/4 kHz for
9.2[deg]<[thetas]<=48[deg
].
-24-10log10(N)............... dBW/4 kHz for
48[deg]<[thetas]<=85[deg]
.
-14-10log10(N)............... dBW/4 kHz for
85[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
Where theta ([thetas]) is the angle in degrees from a line from the
earth station's antenna to the assigned orbital location of the target
satellite. For stations in networks that allow multiple terminals to
transmit simultaneously in shared frequencies with equal on-axis EIRP,
``N'' is the number of network earth stations transmitting
simultaneously in the same frequencies to the same target satellite,
not counting burst collisions resulting from operation with a
contention protocol. N=1 for any station not transmitting
simultaneously with others on common frequencies to the same target
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP
density levels specified for [thetas]>7[deg] may be exceeded by up to 3
dB in up to 10% of the range of theta ([thetas]) angles from 7-180[deg].
(B) The EIRP spectral density of co-polarized signals must not
exceed the following values in the plane perpendicular to the GSO arc,
as defined in Sec. 25.103:
------------------------------------------------------------------------
------------------------------------------------------------------------
18-10log(N)-25log[thetas].... dBW/4 kHz for 3.0[deg]<=[thetas]<=
48[deg].
-24-10log(N)................. dBW/4 kHz for
48[deg]<[thetas]<=85[deg]
.
-14-10log(N)................. dBW/4 kHz for
85[deg]<[thetas]<=180[deg
].
------------------------------------------------------------------------
Where [thetas] and N are as defined in paragraph (a)(1)(i)(A) of this
section. These EIRP density levels may be exceeded by up to 6 dB in the
region of main reflector spillover energy and in up to 10% of the range
of [thetas] angles not included in that region, on each side of the
line from the earth station to the target satellite.
(C) The off-axis EIRP spectral-density of cross-polarized signals
must not exceed the following values in the plane tangent to the GSO
arc or in the plane perpendicular to the GSO arc:
------------------------------------------------------------------------
------------------------------------------------------------------------
5-10log10(N)-25log10[thetas]. dBW/4 kHz for
1.8[deg]<[thetas]<=7[deg]
.
-16-10log10(N)............... dBW/4 kHz for
7[deg]<[thetas]<=9.2[deg]
.
------------------------------------------------------------------------
Where [thetas] and N are as defined in paragraph (a)(1)(i)(A) of this
section.
* * * * *
(2) The following requirements apply to ESAA systems that operate
with off-axis EIRP spectral-densities in excess of the levels in
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted
based on certifications filed pursuant to paragraph (b)(2) of this
section.
(i) An ESAA or ESAA system licensed based on certifications filed
pursuant to paragraph (b)(2) of this section must operate in accordance
with the off-axis EIRP density specifications provided to the target
satellite operator in order to obtain the certifications.
(ii) Any ESAA transmitter operating under a license granted based
on certifications filed pursuant to paragraph (b)(2) of this section
must be self-monitoring and capable of shutting itself off and must
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP-density in excess of the specifications supplied to the
target satellite operator.
(iii) A system with variable power control of individual ESAA
transmitters must monitor the aggregate off-axis EIRP density from
simultaneously-transmitting ESAA transmitters at the system's network
control and monitoring center. If simultaneous operation of two or more
ESAA transmitters causes aggregate off-axis EIRP density to exceed the
off-axis EIRP density specifications supplied to the target satellite
operator, the network control and monitoring center must command those
transmitters to cease emissions or reduce the aggregate EIRP density to
a level at or below those specifications, and the transmitters must
comply within 100 milliseconds of receiving the command.
(3) The following requirements apply to an ESAA system that uses
variable power-density control of individual ESAA earth stations
transmitting simultaneously in the same frequencies to the same target
satellite, unless the system operates pursuant to paragraph (a)(2) of
this section.
[[Page 65133]]
(i) Aggregate EIRP density from ESAA terminals toward any co-
frequency satellite other than the target satellite(s) must be at least
1 dB below the limits specified in paragraph (a)(1)(i) of this section,
with the value of N=1.
(ii) Each ESAA transmitter must be self-monitoring and capable of
shutting itself off and must cease or reduce emissions within 100
milliseconds after generating off-axis EIRP density in excess of the
limit in paragraph (a)(3)(i) of this section.
(iii) A system with variable power control of individual ESAA
transmitters must monitor aggregate power density from simultaneously-
transmitting ESAA transmitters at the network control and monitoring
center. If simultaneous operation of two or more transmitters causes
aggregate off-axis EIRP density to exceed the off-axis EIRP density
limit in paragraph (a)(3)(i) of this section, the network control and
monitoring center must command those transmitters to cease emissions or
reduce the aggregate EIRP density to a level at or below that limit,
and those transmitters must comply within 100 milliseconds of receiving
the command.
* * * * *
(b) Applications for ESAA operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service shall
include, in addition to the particulars of operation identified on Form
312, and associated Schedule B, the applicable technical demonstrations
in paragraphs (b)(1), (b)(2), or (b)(3), and the documentation
identified in paragraphs (b)(4) through (b)(8) of this section.
(1) An ESAA applicant proposing to implement a transmitter under
paragraph (a)(1) of this section must provide the information required
by Sec. 25.115(g)(1). The applicant must also specify the value N
defined in paragraph (a)(1)(i)(A) of this section. An applicant
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of
this section must also provide the certifications identified in
paragraph (b)(1)(iii) of this section. An applicant proposing to
implement a transmitter under paragraph (a)(1)(ii)(B) of this section
must also provide the demonstrations identified in paragraph (b)(1)(iv)
of this section.
* * * * *
(2) An ESAA applicant proposing to operate with off-axis EIRP
density in excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of
this section must provide the following in exhibits to its earth
station application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1);
(ii) The certifications required by Sec. 25.220(d); and
(iii) A detailed showing that each ESAA transmitter in the system
will automatically cease or reduce emissions within 100 milliseconds
after generating EIRP density exceeding specifications provided to the
target satellite operator; and
(iv) A detailed showing that the aggregate power density from
simultaneously-transmitting ESAA transmitters will be monitored at the
system's network control and monitoring center; that if simultaneous
operation of two or more ESAA transmitters causes the aggregate off-
axis EIRP density to exceed the off-axis EIRP density specifications
supplied to the target satellite operator, the network control and
monitoring center will command those transmitters to cease emissions or
reduce the aggregate EIRP density to a level at or below those
specifications; and that those transmitters will comply within 100
milliseconds of receiving the command.
(3) An applicant proposing to implement an ESAA system subject to
paragraph (a)(3) of this section must provide the following information
in exhibits to its earth station application:
(i) Off-axis EIRP density data pursuant to Sec. 25.115(g)(1);
(ii) A detailed showing of the measures that will be employed to
maintain aggregate EIRP density at or below the limit in paragraph
(a)(3)(i) of this section;
(iii) A detailed showing that each ESAA terminal will automatically
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this
section; and
(iv) A detailed showing that the aggregate power density from
simultaneously-transmitting ESAA transmitters will be monitored at the
system's network control and monitoring center; that if simultaneous
operation of two or more transmitters in the ESAA network causes
aggregate off-axis EIRP density to exceed the off-axis density limit in
paragraph (a)(3)(i) of this section, the network control and monitoring
center will command those transmitters to cease emissions or reduce the
aggregate EIRP density to a level at or below that limit; and that
those transmitters will comply within 100 milliseconds of receiving the
command.
* * * * *
0
48. Amend Sec. 25.258 by revising the section heading and the first
sentence in paragraph (b) to read as follows:
Sec. 25.258 Sharing between NGSO MSS feeder link stations and GSO FSS
services in the 29.25-29.5 GHz Band.
* * * * *
(b) Licensed GSO FSS earth stations in the vicinity of operational
or planned NGSO MSS feeder link earth station complexes shall, to the
maximum extent possible, operate with frequency/polarization selections
that will minimize unacceptable interference with reception of GSO FSS
and NGSO MSS uplink transmissions in the 29.25-29.5 GHz band. * * *
0
49. Amend Sec. 25.264 by revising paragraph (a) introductory text and
paragraph (a)(5), adding paragraph (a)(6), and revising paragraph (b)
introductory text, the second sentence in paragraph (b)(1), paragraph
(b)(2)(ii), the first sentence in paragraph (b)(3), the first sentence
in paragraph (c), the first sentence in paragraph (d) introductory
text, and the first two sentences in paragraph (d)(1)(ii) to read as
follows:
Sec. 25.264 Requirements to facilitate reverse-band operation in the
17.3-17.8 GHz band of 17/24 GHz Broadcasting-Satellite Service and
Direct Broadcast Satellite Service space stations.
(a) Each 17/24 GHz BSS space station applicant or licensee must
submit a series of tables or graphs containing predicted off-axis gain
data for each antenna that will transmit in the 17.3-17.8 GHz frequency
band, in accordance with the following specifications. Using a
Cartesian coordinate system wherein the X axis is tangent to the
geostationary orbital arc with the positive direction pointing east,
i.e., in the direction of travel of the satellite; the Y axis is
parallel to a line passing through the geographic north and south poles
of the Earth, with the positive direction pointing south; and the Z
axis passes through the satellite and the center of the Earth, with the
positive direction pointing toward the Earth, the applicant or licensee
must provide the predicted transmitting antenna off-axis antenna gain
information: * * *
* * * * *
(5) Over a greater angular measurement range, if necessary, to
account for any planned spacecraft orientation bias or change in
operating orientation relative to the reference coordinate system. The
applicant or licensee must state the reasons for including such
additional information.
(6) The predictive gain information must be submitted to the
Commission when a license application is filed for a 17/24 GHz BSS
space station or within 60 days after completion of critical design
review for the space station, whichever occurs later.
[[Page 65134]]
(b) A 17/24 GHz BSS space station applicant or licensee must submit
power flux density (pfd) calculations based on the predicted gain data
submitted in accordance with paragraph (a) of this section, as follows:
(1) * * * In this section, the term prior-filed U.S. DBS space
station refers to any co-frequency Direct Broadcast Satellite service
space station for which an application was filed with the Commission,
or an authorization was granted by the Commission, prior to the filing
of the information and certifications required by paragraphs (a) and
(b) of this section. * * *
(2) * * *
(ii) Indicate the extent to which the calculated pfd of the 17/24
GHz space station's transmissions in the 17.3-17.8 GHz band exceed the
threshold pfd level of -117 dBW/m\2\/100 kHz at those prior-filed U.S.
DBS space station locations.
(3) If the calculated pfd exceeds the threshold level of -117 dBW/
m\2\/100 kHz at the location of any prior-filed U.S. DBS space station,
the applicant or licensee must also provide with the pfd calculations a
certification that all affected DBS operators acknowledge and do not
object to such higher off-axis pfd levels. * * *
(4) The information and any certification required by paragraph (b)
of this section must be submitted to the Commission when a license
application is filed for a 17/24 GHz BSS space station or within 60
days after completion of critical design review for the space station,
whichever occurs later. Otherwise, such information and certifications
must be submitted to the Commission within 24 months after the grant of
an operating license for a 17/24 GHz BSS space station or when the
applicant or licensee certifies completion of critical design review,
whichever occurs first.
(c) No later than 2 months prior to launch, each 17/24 GHz BSS
space station licensee must update the predicted transmitting antenna
off-axis gain information provided in accordance with paragraph (a) of
this section by submitting measured transmitting antenna off-axis gain
information over the angular ranges, measurement frequencies and
polarizations specified in paragraphs (a)(1) through (5) of this
section. * * *
(d) No later than 2 months prior to launch, or when applying for
authority to change the location of a 17/24 GHz BSS space station that
is already in orbit, each 17/24 GHz BSS space station licensee must
provide pfd calculations based on the measured off-axis gain data
submitted in accordance with paragraph (c) of this section, as follows:
(1) * * *
(ii) At the location of any subsequently-filed U.S. DBS space
station where the pfd level in the 17.3-17.8 GHz band calculated on the
basis of measured gain data exceeds -117 dBW/m\2\/100 kHz. In this
rule, the term subsequently-filed U.S. DBS space station refers to any
co-frequency Direct Broadcast Satellite service space station proposed
in a license application filed with the Commission after the 17/24 GHz
BSS operator submitted the predicted data required by paragraphs (a)
through (b) of this section but before submission of the measured data
required by this paragraph. * * *
* * * * *
0
50. Amend Sec. 25.275 by adding paragraph (e) to read as follows:
Sec. 25.275 Particulars of operation.
* * * * *
(e) Transmission from an earth station of an unmodulated carrier at
a power level sufficient to saturate a satellite transponder is
prohibited, except by the space station licensee to determine
transponder performance characteristics.
0
51. Add Sec. 25.288 to read as follows:
Sec. 25.288 Obligation to remedy interference caused by NGSO MSS
feeder downlinks in the 6700-6875 MHz band.
If an NGSO MSS satellite transmitting in the band 6700-6875 MHz
causes harmful interference to previously licensed co-frequency Public
Safety facilities, the satellite licensee has an obligation to remedy
the interference.
Alternative Proposed Revision of Milestone and Bond Rules
Alternative 1
0
1. Amend Sec. 25.164 by revising paragraphs (a) and (b), removing and
reserving paragraph (c), and revising paragraph (d) to read as follows:
Sec. 25.164 Milestones.
(a) Licensees of geostationary orbit satellite systems, other than
DBS and DARS satellite systems, licensed on or after August 27, 2003
will be required to comply with the schedule set forth in paragraphs
(a)(1) and (2) of this section in implementing their satellite systems,
unless a different schedule is established by Title 47, Chapter I, or
by Commission Order, or by Order adopted pursuant to delegated
authority. These dates are to be measured from the date the license is
issued.
(1) Two years: Complete the critical design review of the licensed
satellite system.
(2) Five years: Launch the space station, position it in its
assigned orbital location, and operate it in accordance with the
station authorization.
(b) Licensees of non-geostationary orbit satellite systems other
than DBS and DARS satellite systems licensed on or after September 11,
2003, will be required to comply with the schedule set forth in
paragraphs (b)(1) through (b)(5) of this section in implementing their
satellite systems, unless a different schedule is established by Title
47, Chapter I, or by Commission Order, or by Order adopted pursuant to
delegated authority. These dates are to be measured from the date the
license is issued.
(1) Two years: Complete the critical design review of the licensed
satellite system.
(2) Three years, six months: Launch the first space station, place
it in the authorized orbit, and operate it in accordance with the
station authorization.
(3) Six years: Bring all the satellites in the licensed satellite
system into operation.
* * * * *
(d) No later than 15 days after the milestone deadline for CDR, the
recipient of an initial license for operation of a space station, or
space stations, other than DBS or SDARS space stations, must either
certify that CDR has been completed for the authorized satellite(s) or
notify the Commission in writing that CDR has not been completed. A
licensee that certifies completion of CDR must also file a
corroborating affidavit from the satellite manufacturer and evidence of
appropriate payment to date.
* * * * *
Alternative 2
0
2. Amend Sec. 25.164 by revising paragraphs (a) and (b), removing and
reserving paragraphs (c) through (e), and revising paragraphs (f) and
(g) to read as follows:
Sec. 25.164 Milestones.
(a) The recipient of an initial license for a GSO space station,
other than DBS or SDARS space stations, granted on or after August 27,
2003 must launch the space station, position it in its assigned orbital
location, and operate it in accordance with the station authorization
no later than five years after the grant of the license, unless a
different schedule is established by Title 47, Chapter I, or by order
of the Commission or order adopted pursuant to delegated authority.
(b) The recipient of an initial license for an NGSO satellite
system, other than
[[Page 65135]]
DBS or SDARS satellite systems, granted on or after September 11, 2003
must launch the authorized space stations, place them in the assigned
orbits, and operate them in accordance with the station authorization
no later than six years after the grant of the license, unless a
different schedule is established by Title 47, Chapter I, or by order
of the Commission or order adopted pursuant to delegated authority.
* * * * *
(f) A licensee subject to the requirements in paragraph (a) or (b)
of this section must either demonstrate compliance with the requirement
specified therein or notify the Commission in writing that the
requirement was not met, within 15 days after the specified deadline.
Compliance with a milestone requirement in paragraph (a) or (b) of this
section may be demonstrated by certifying pursuant to Sec. 25.121(d)
that the space station(s) in question, 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 NGSO
satellites and GSO satellites, other than DBS and DARS satellite
systems, must meet the requirement in paragraph (a) of this section
with respect to the GSO satellite(s) and the requirement in paragraph
(b) of this section with respect to the NGSO satellites.
* * * * *
0
3. Amend Sec. 25.165 by revising the section heading and paragraph (d)
to read as follows:
Sec. 25.165 Surety bonds.
* * * * *
(d)(1) In the event of a default as defined in paragraph (c) of
this section, the amount determined pursuant to paragraph (a) of this
section must be paid to the U.S. Treasury, with any additional amount
determined pursuant to paragraph (f) of this section.
(2) If a licensee surrenders a license for cancellation prior to an
applicable deadline in Sec. 25.164(a) or (b), the surety shall pay the
U.S. Treasury $400,000 plus a pro rata amount to be determined
according to this formula: A = B*D/T, where A is the pro rata amount to
be paid; B is either zero or the amount determined pursuant to
paragraph (a) of this section minus $400,000, whichever is greater; D
is the number of days that elapsed from the date of license grant until
the date when the license was surrendered, and T is the total number of
days from the date of grant until the relevant deadline in Sec.
25.164(a) or (b). If the license was for a hybrid system subject to
paragraph (a)(3) of this section, T is the number of days between grant
and the deadline determined in accordance with Sec. 25.164(b).
(3) If paragraph (f) of this section is applicable and the license
is surrendered for cancellation prior to an applicable deadline in
Sec. 25.164(a) or (b), the amount to be paid will be the sum of the
amounts determined in accordance with paragraphs (d)(2) and (f) of this
section.
* * * * *
Alternative Proposed Revision of Two Degree Spacing Rules
0
1. Amend Sec. 25.140 by revising paragraphs (a) and (b)(3) to read as
follows:
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)(1) In addition to the information required by Sec. 25.114, an
applicant for GSO FSS space station operation involving transmission of
analog video signals must certify that the proposed analog video
operation has been coordinated with operators of authorized co-
frequency space stations within 6 degrees of the requested orbit
location.
(2) In addition to the information required by Sec. 25.114, an
applicant for a GSO FSS space station at an orbital location less than
2 degrees from the assigned location of an authorized co-frequency GSO
space station must either certify that the proposed operation has been
coordinated with the operator of the co-frequency space station or
submit an interference analysis demonstrating the compatibility of the
proposed system with the co-frequency space station. Such analysis 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.) The provisions in this paragraph do not apply
to proposed analog video operation, which is subject to the requirement
in paragraph (a)(1).
(3) In addition to the information required by Sec. 25.114,
applicants for GSO FSS space stations must provide the following for
operation other than analog video operation:
(i) With respect to proposed operation in the conventional or
extended C-band, certification that downlink EIRP density will not
exceed 1 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog
transmissions and that EIRP density from associated uplink operation
will not exceed applicable envelopes in Sec. 25.218 or Sec. 25.221(a)
unless the non-conforming uplink and/or downlink operation is
coordinated with operators of previously authorized co-frequency space
stations at assigned locations within 6 degrees of the orbital location
of the proposed space station.
(ii) With respect to proposed operation in the conventional or
extended Ku-band, certification that downlink EIRP density will not
exceed 10 dBW/4kHz for digital transmission or 17 dBW/4kHz for analog
transmission and that associated uplink operation will not exceed
applicable EIRP density envelopes in Sec. Sec. 25.218, 25.222, 25.226,
or Sec. 25.227 unless the non-conforming uplink and/or downlink
operation is coordinated with operators of previously authorized co-
frequency space stations at assigned locations within 6 degrees of the
orbital location of the proposed space station.
(iii) With respect to proposed operation in the 20/30 GHz band,
certification that the proposed space stations will not generate power
flux-density at the Earth's surface in excess of -118 dBW/m\2\/MHz and
that associated uplink operation will not exceed applicable EIRP
density envelopes in Sec. 25.138(a) unless the non-conforming uplink
and/or downlink operation is coordinated with operators of previously
authorized co-frequency space stations at assigned locations within 6
degrees of the orbital location of the proposed space station.
(b) * * *
(3) Except as described in paragraph (b)(5) of this section, an
applicant for a license to operate a 17/24 GHz BSS space station that
will be located precisely at one of the 17/24 GHz BSS orbital locations
specified in Appendix F of the Report and Order adopted May 2, 2007, IB
Docket No. 06-123, FCC 07-76, must provide an interference analysis
demonstrating the compatibility of its proposed network with any
current or future authorized space station in the 17/24 GHz BSS that
complies with the technical rules in this part and will be located at
least 4 degrees from the proposed space station.
* * * * *
[[Page 65136]]
0
2. Amend Sec. 25.209 by revising paragraphs (a) through (c), removing
and reserving paragraph (e), removing from paragraph (f) the word
``procedures'' wherever it appears and adding in its place the word
``requirements,'' and revising paragraph (h) to read as follows:
Sec. 25.209 Earth station antenna performance standards.
(a) Except as provided in paragraph (f) of this section, the gain
of any earth station antenna operating in the Fixed-Satellite Service,
including earth stations providing feeder links for satellite services
other than FSS, may not exceed the following limits:
(1) In the plane tangent to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
the 28.35-30 GHz band, or the 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
29-25log10[thgr]............. dBi for
1.5[deg]<=[thgr]<=7[deg].
8............................ dBi for
7[deg]<[thgr]<=9.2[deg].
32-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] is the angle in degrees from a line from the focal point
of the antenna to the target satellite, and dBi refers to dB relative
to an isotropic radiator. This envelope may be exceeded by up to 3 dB
in 10% of the range of [thgr] angles from 7-180[deg].
(2) In the plane tangent to the GSO arc, for earth stations
operating in the conventional Ku-band:
------------------------------------------------------------------------
------------------------------------------------------------------------
29-25log10[thgr]............. dBi for
1.5[deg]<=[thgr]<=7[deg].
8............................ dBi for
7[deg]<[thgr]<=9.2[deg].
32-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=85[deg].
0............................ dBi for
85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr]
angles from 7-180[deg].
(3) In the plane tangent to the GSO arc, for earth stations
operating in the 28.35-30 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
29-25log10[thgr]............. dBi for
2[deg]<=[thgr]<=7[deg].
8............................ dBi for
7[deg]<[thgr]<=9.2[deg].
32-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
0............................ dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr]
angles from 7-180[deg].
(4) In the plane perpendicular to the GSO arc, as defined in Sec.
25.103, for earth stations not operating in the conventional Ku-band,
28.35-30 GHz band, or 24.75-25.25 GHz band:
Outside the main beam, the gain of the antenna shall lie below the
envelope defined by:
------------------------------------------------------------------------
------------------------------------------------------------------------
32-25log10[thgr]............. dBi for
3[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr]
angles from 3-180[deg].
(5) In the plane perpendicular to the GSO arc, for earth stations
operating in the conventional Ku-band:
Outside the main beam, the gain of the antenna shall lie below the
envelope defined by:
------------------------------------------------------------------------
------------------------------------------------------------------------
32-25log10[thgr]............. dBi for
3[deg]<[thgr]<=48[deg].
-10.......................... dBi for
48[deg]<[thgr]<=85[deg].
0............................ dBi for
85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr]
angles from 3-180[deg].
(6) In the plane perpendicular to the GSO arc, for earth stations
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:
Outside the main beam, the gain of the antenna shall lie below the
envelope defined by:
------------------------------------------------------------------------
------------------------------------------------------------------------
32-25log10[thgr]............. dBi for
3.5[deg]<[thgr]<=7[deg].
10.9......................... dBi for
7[deg]<[thgr]<=9.2[deg].
35-25log10[thgr]............. dBi for
9.2[deg]<[thgr]<=48[deg].
3............................ dBi for
48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------
[[Page 65137]]
Where [thgr] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr]
angles from 3-180[deg].
(b) Except as provided in paragraph (f) of this section, the off-
axis cross-polarization gain of any antenna used for transmission from
an FSS earth station, including earth stations providing feeder links
for satellite services other than FSS, may not exceed the following
limits:
(1) In the plane tangent to the GSO arc, for earth stations not
operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
19-25log10[thgr]............. dBi for
1.8[deg]<[thgr]<=7[deg].
-2........................... dBi for
7[deg]<[thgr]<=9.2[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above.
(2) In the plane perpendicular to the GSO arc, for earth stations
not operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
19-25log10[thgr]............. dBi for 3[deg]<[thgr]<=7[deg].
-2........................... dBi for
7[deg]<[thgr]<=9.2[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above.
(3) In the plane perpendicular to the GSO arc, for earth stations
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:
------------------------------------------------------------------------
------------------------------------------------------------------------
19-25log10[thgr]............. dBi for 2[deg]<[thgr]<=7[deg].
-2........................... dBi for
7[deg]<[thgr]<=9.2[deg].
------------------------------------------------------------------------
Where [thgr] and dBi are as defined in paragraph (a)(1) above.
(c)(1) An earth station licensed for operation with an FSS space
station or registered for reception of transmissions from such a space
station pursuant to Sections 25.131(b) and (d) is not entitled to
protection from interference from authorized operation of previously
authorized stations that would not cause harmful interference to that
earth station if it were using an antenna with receive-band gain
patterns conforming to the levels specified in Sections 25.209(a) and
(b). For purposes of this rule, a previously authorized station is one
that was licensed by the Commission or approved for U.S. market access
prior to the licensing of the earth station receiving interference.
(2) The operator of an earth station licensed for operation with an
FSS space station or registered for reception of transmissions from
such a space station pursuant to Sections 25.131(b) and (d) may claim
protection from harmful interference from operation of any station that
is not previously authorized as that term is defined in paragraph
(c)(1) of this section, unless such interference is permitted under a
coordination agreement with the earth station operator or the operator
of a space station with which the earth station communicates.
(3) A 17/24 GHz BSS telemetry earth station is not entitled to
protection from harmful interference from authorized space station
operation that would not cause harmful interference to that earth
station if it were using an antenna with receive-band gain patterns
conforming to the levels specified in paragraphs (a) and (b) of this
section. Receive-only earth stations in the 17/24 GHz BSS are entitled
to protection from harmful interference caused by other space stations
to the extent indicated in Sec. 25.224.
* * * * *
(h) The gain of any transmitting antenna in a gateway earth station
communicating with NGSO FSS satellites in the 10.7-11.7 GHz, 12.75-
13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and/or 14.4-14.5 GHz bands
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] and dBi are as defined in paragraph (a)(1) above. This
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr]
angles from 7-180[deg].
0
3. Amend Sec. 25.220 by redesignating paragraph (a)(1) as paragraph
(a), removing paragraph (a)(2), removing and reserving paragraphs
(d)(1)(i) and (d)(2), and revising the redesignated paragraph (a),
paragraph (b), and the third sentence in paragraph (d)(1) introductory
text to read as follows:
Sec. 25.220 Non-conforming transmit/receive earth station operations.
(a) The requirements in this section apply to applications for, and
operation of, earth stations transmitting in the conventional or
extended C-band, the conventional or extended Ku-band, or the 20/30 GHz
bands that do not qualify for routine licensing under relevant criteria
in Sec. Sec. 25.134, 25.138, 25.211, 25.212, 25.218, 25.221(a)(1) or
(3), 25.222(a)(1) or (3), 25.226(a)(1) or (3), or Sec. 25.227(a)(1) or
(3).
(b) Applications filed pursuant to this section must include the
information required by Sec. 25.115(g)(1).
* * * * *
(d)(1) * * * The applicant will be granted protection from
receiving interference from the satellite systems included in the
coordination agreements referred to in the certification required by
paragraph (d)(1)(ii) of this section only to the extent that protection
from receiving interference is afforded by those coordination
agreements.
* * * * *
[FR Doc. 2014-25400 Filed 10-30-14; 8:45 am]
BILLING CODE 6712-01-P