COMMUNICATIONS PART 25—SATELLITE289 Federal Communications Commission 25.104 satellite earth station complex in-cludes transmitters, receivers, and communications antennas at the

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meets the eligibility criteria set forthin § 24.709;

(4) The application is for an involun-tary assignment or transfer of controlto a bankruptcy trustee appointedunder involuntary bankruptcy, anindependent receiver appointed by acourt of competent jurisdiction in aforeclosure action, or, in the event ofdeath or disability, to a person or en-tity legally qualified to succeed the de-ceased or disabled person under thelaws of the place having jurisdictionover the estate involved; provided that,the applicant requests a waiver pursu-ant to this paragraph; or

(5) The assignment or transfer of con-trol is pro forma.

(e) If the assignment or transfer ofcontrol of a license is approved, the as-signee or transferee is subject to theoriginal construction requirement of§ 24.203.

[59 FR 37610, July 22, 1994, as amended at 59FR 63238, Dec. 7, 1994; 61 FR 33870, July 1,1996]

§§ 24.840—24.842 [Reserved]

§ 24.843 Extension of time to completeconstruction.

(a) If construction is not completedwithin the time period set forth in§ 24.203, the authorization will auto-matically expire. Before the period forconstruction expires an application foran extension of time to complete con-struction (FCC Form 489) may be filed.See paragraph (b) of this section. With-in 30 days after the authorization ex-pires an application for reinstatementmay be filed on FCC Form 489.

(b) Extension of Time to CompleteConstruction. An application for exten-sion of time to complete constructionmay be made on FCC Form 489. Exten-sion of time requests must be filedprior to the expiration of the construc-tion period. Extensions will be grantedonly if the licensee shows that the fail-ure to complete construction is due tocauses beyond its control.

(c) An application for modification ofan authorization (under construction)does not extend the initial construc-tion period. If additional time to con-struct is required, an FCC Form 489must be submitted.

(d) [Reserved]

§ 24.844 Termination of authorization.(a) Termination of authorization.(1) All authorizations shall terminate

on the date specified on the authoriza-tion or on the date specified by theserules, unless a timely application forrenewal has been filed.

(2) If no application for renewal hasbeen made before the authorization’sexpiration date, a late application forrenewal will be considered only if it isfiled within thirty (30) days of the expi-ration date and shows that the failureto file a timely application was due tocauses beyond the applicant’s control.During this 30-day period, a reinstate-ment application must be filed on FCCForm 489. Service to subscribers neednot be suspended while a late-filed re-newal application is pending, but suchservice shall be without prejudice toCommission action on the renewal ap-plication and any related sanctions. Seealso § 24.16 (Criteria for ComparativeRenewal Proceedings).

(b) Termination of special temporaryauthorization. A special temporary au-thorization shall automatically termi-nate upon failure to comply with theconditions in the authorization.

(c) [Reserved]

PART 25—SATELLITECOMMUNICATIONS

Subpart A—General

Sec.25.101 Basis and scope.25.102 Station authorization required.25.103 Definitions.25.104 Preemption of local zoning of earth

stations.25.105–25.108 [Reserved]25.109 Cross-reference.

Subpart B—Applications and Licenses

25.110 Filing of applications, fees, and num-ber of copies.

25.111 Additional information.25.112 Defective applications.25.113 Construction permits.25.114 Applications for space station author-

izations.25.115 Application for earth station author-

izations.25.116 Amendments to applications.25.117 Modification of station license.25.118 Assignment or transfer of control of

station authorization.

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25.119 Application for special temporary au-thorization.

25.120 License term and renewals.

EARTH STATIONS

25.130 Filing requirements for transmittingearth stations.

25.131 Filing requirements for receive-onlyearth stations.

25.132 Verification of earth station antennaperformance standards.

25.133 Period of construction; certificationof commencement of operation.

25.134 Licensing Provisions of Very SmallAperture Terminal (VSAT) Networks.

25.135 Licensing provisions for earth stationnetworks in the non-voice, non-geo-stationary mobile-satellite service.

25.136 Operating provisions for earth stationnetworks in the 1.6/2.4 GHz mobile-sat-ellite service.

SPACE STATIONS

25.140 Qualifications of fixed-satellite spacestation licensees.

25.141 Licensing provisions for the radio-determination satellite service.

25.142 Licensing provisions for the non-voice, non-geostationary mobile-satelliteservice.

25.143 Licensing provisions for the 1.6/2.4GHz Mobile-Satellite Service.

PROCESSING OF APPLICATIONS

25.150 Receipt of Applications.25.151 Public notice period.25.152 Dismissal and return of applications.25.153 Repetitious applications.25.154 Opposition to applications and other

pleadings.25.155 Mutually exclusive applications.25.156 Consideration of applications.

FORFEITURE, TERMINATION, ANDREINSTATEMENT OF STATION AUTHORIZATION

25.160 Administrative sanctions.25.161 Automatic termination of station au-

thorization.25.162 Cause for termination of interference

protection.25.163 Reinstatement.

Subpart C—Technical Standards

25.201 Definitions.25.202 Frequencies, frequency tolerance and

emission limitations.25.203 Choice of sites and frequencies.25.204 Power limits.25.205 Minimum angle of antenna elevation.25.206 Station identification.25.207 Cessation of emissions.25.208 Power flux density limits.25.209 Antenna performance standards.25.210 Technical requirements for space sta-

tions in the Fixed-Satellite Service.

25.211 Video Transmissions in the DomesticFixed—Satellite Service.

25.212 Narrowband transmissions in theFixed-Satellite Service.

25.213 Inter-Service coordination require-ments for the 1.6/2.4 GHz Mobile-SatelliteService.

25.250 Sharing between NGSO MSS Feederlinks Earth Stations in the 19.3–19.7 GHzand 29.1–29.5 GHz Bands.

25.251 Special requirements for coordina-tion.

25.252 Maximum permissible interferencepower.

25.253 Determination of coordination dis-tance for near great circle propagationmechanisms.

25.254 Computation of coordination distancecontours for propagation modes associ-ated with precipitation scatter.

25.255 Guidelines for performing inter-ference analyses for near great circlepropagation mechanisms.

25.256 Guidelines for performing inter-ference analyses for precipitation scattermodes.

25.257 Special requirements for operationsin the band 29.1–29.25 GHz between NGSOMSS and LMDS.

25.258 Sharing between NGSO MSS Feederlinks Stations and GSO FSS services inthe 29.25–29.5 GHz Bands.

Subpart D—Technical Operations

25.271 Control of transmitting stations.25.272 General inter-system coordination

procedures.25.273 Duties regarding space communica-

tions transmissions.25.274 Procedures to be followed in the

event of harmful interference.25.275 Particulars of operation.25.276 Points of communication.25.277 Temporary fixed earth station oper-

ations.25.278 Additional Coordination Obligation

for Non-Geostationary and Geo-stationary Satellite Systems In Fre-quencies Allocated to the Fixed-SatelliteService.

25.279 Inter-satellite service.

Subpart E—Developmental Operations

25.300 Developmental operation.25.308 Automatic Transmitter Identifica-

tion System (ATIS).

Subparts F–G [Reserved]

Subpart H—Authorization To Own Stock inthe Communications Satellite Corporation

25.501 Scope of this subpart.25.502 Definitions.25.503—25.504 [Reserved]


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25.505 Persons requiring authorization.25.506—25.514 [Reserved]25.515 Method of securing authorization.25.516—25.519 [Reserved]25.520 Contents of application.25.521 Who may sign applications.25.522 Full disclosures.25.523 Form of application, number of cop-

ies, fees, etc.25.524 [Reserved]25.525 Action upon applications.25.526 Amendments.25.527 Defective applications.25.528—25.529 [Reserved]25.530 Scope of authorization.25.531 Revocation of authorization.

Subpart I—Equal EmploymentOpportunities

25.601 Equal employment opportunity re-quirement.

AUTHORITY: Secs. 25.101 to 25.601 issuedunder Sec. 4, 48 Stat. 1066, as amended; 47U.S.C. 154. Interpret or apply secs. 101–104, 76Stat. 419–427; 47 U.S.C. 701–744; 47 U.S.C. 554.

Subpart A—General

§ 25.101 Basis and scope.(a) The rules and regulations in this

part are issued pursuant to the author-ity contained in section 201(c)(11) of theCommunications Satellite Act of 1962,as amended, section 501(c)(6) of theInternational Maritime Satellite Tele-communications Act, and titles Ithrough III of the Communications Actof 1934, as amended.

(b) The rules and regulations in thispart supplement, and are in addition tothe rules and regulations contained inor to be added to, other parts of thischapter currently in force, or whichmay subsequently be promulgated, andwhich are applicable to matters relat-ing to communications by satellites.

[28 FR 13037, Dec. 5, 1963, as amended at 56FR 24015, May 28, 1991]

§ 25.102 Station authorization re-quired.

(a) No person shall use or operate ap-paratus for the transmission of energyor communications or signals by spaceor earth stations except under, and inaccordance with, an appropriate au-thorization granted by the FederalCommunications Commission.

(b) Protection from impermissiblelevels of interference to the reception

of signals by earth stations in theFixed-Satellite Service from terrestrialstations in a co-equally shared band isprovided through the authorizationsgranted under this part.

[56 FR 24016, May 28, 1991]

§ 25.103 Definitions.(a) Communications common carrier.

The term ‘‘communications commoncarrier’’ as used in this part means anyperson (individual, partnership, asso-ciation, joint-stock company, trust,corporation, or other entity) engagedas a common carrier for hire, in inter-state or foreign communication bywire or radio or in interstate or foreignradio transmission of energy, includingsuch carriers as are described in sub-section 2(b) (2) and (3) of the Commu-nications Act of 1934, as amended, and,in addition, for purposes of Subpart Hof this part, includes any individual,partnership, association, joint-stockcompany, trust, corporation, or otherentity which owns or controls, directlyor indirectly, or is under direct or indi-rect common control with, any suchcarrier.

(b) Authorized carrier. (1) Except asprovided in paragraph (b)(2) of this sec-tion, the term ‘‘authorized carrier’’means a communications common car-rier which is authorized by the FederalCommunications Commission underthe Communications Act of 1934, asamended, to provide services by meansof communications satellites.

(2) For the purposes of Subpart H ofthis part, the term ‘‘authorized car-rier’’ means a communications com-mon carrier which is specifically au-thorized or which is a member of aclass of carriers authorized by theCommission to own shares of stock inthe corporation.

(c) Communications satellite corpora-tion. (1) The terms ‘‘communicationssatellite corporation’’ or ‘‘corporation’’as used in this part mean the corpora-tion created pursuant to the provisionsof Title III of the Communications Sat-ellite Act of 1962.

(2) The corporation shall be deemedto be a common carrier within themeaning of section 3(h) of the Commu-nications Satellite Act of 1962.

(d) Communication-satellite earth sta-tion complex. The term communication-


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satellite earth station complex in-cludes transmitters, receivers, andcommunications antennas at the earthstation site together with the inter-connecting terrestrial facilities (ca-bles, lines, or microwave facilities) andmodulating and demodulating equip-ment necessary for processing of trafficreceived from the terrestrial distribu-tion system(s) prior to transmissionvia satellite and of traffic receivedfrom the satellite prior to transfer ofchannels of communication to terres-trial distribution system(s).

(e) Communication-satellite earth sta-tion complex functions. The communica-tion-satellite earth station complexinterconnects with terminal equipmentof common carriers or authorized enti-ties at the interface; accepts trafficfrom such entities at the interface,processes for transmission via satelliteand performs the transmission func-tion; receives traffic from a satellite orsatellites, processes it in a form nec-essary to deliver channels of commu-nication to terrestrial common carriersor such other authorized entities anddelivers the processed traffic to suchentities at the interface.

(f) Interface. The point of inter-connection between two distinct butadjacent communications systems hav-ing different functions. The interfacein the communication-satellite serviceis that point where communicationsterminal equipment of the terrestrialcommon carriers or other authorizedentities interconnects with the termi-nal equipment of the communication-satellite earth station complex. Theinterface in the communication-sat-ellite service shall be located at theearth station site, or if this is imprac-ticable, as close thereto as possible.

[28 FR 13037, Dec. 5, 1963, as amended at 31FR 3289, Mar. 2, 1966]

§ 25.104 Preemption of local zoning ofearth stations.

(a) Any state or local zoning, land-use, building, or similar regulationthat materially limits transmission orreception by satellite earth station an-tennas, or imposes more than minimalcosts on users of such antennas, is pre-empted unless the promulgating au-thority can demonstrate that such reg-ulation is reasonable, except that non-

federal regulation of radio frequencyemissions is not preempted by this sec-tion. For purposes of this paragraph(a), reasonable means that the localregulation:

(1) Has a clearly defined health, safe-ty, or aesthetic objective that is statedin the text of the regulation itself; and

(2) Furthers the stated health, safetyor aesthetic objective without unneces-sarily burdening the federal interestsin ensuring access to satellite servicesand in promoting fair and effectivecompetition among competing commu-nications service providers.

(b)(1) Any state or local zoning, land-use, building, or similar regulationthat affects the installation, mainte-nance, or use of a satellite earth sta-tion antenna that is two meters or lessin diameter and is located or proposedto be located in any area where com-mercial or industrial uses are generallypermitted by non-federal land-use reg-ulation shall be presumed unreasonableand is therefore preempted subject toparagraph (b)(2) of this section. Nocivil, criminal, administrative, orother legal action of any kind shall betaken to enforce any regulation cov-ered by this presumption unless thepromulgating authority has obtained awaiver from the Commission pursuantto paragraph (e) of this section, or afinal declaration from the Commissionor a court of competent jurisdictionthat the presumption has been rebut-ted pursuant to paragraph (b)(2) of thissection.

(2) Any presumption arising fromparagraph (b)(1) of this section may berebutted upon a showing that the regu-lation in question:

(i) Is necessary to accomplish a clearly de-fined health or safety objective that is statedin the text of the regulation itself;

(ii) Is no more burdensome to satelliteusers than is necessary to achieve the healthor safety objective; and

(iii) Is specifically applicable on its face toantennas of the class described in paragraph(b)(1) of this section.

(c) Any person aggrieved by the ap-plication or potential application of astate or local zoning or other regula-tion in violation of paragraph (a) ofthis section may, after exhausting allnonfederal administrative remedies,


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file a petition with the Commission re-questing a declaration that the state orlocal regulation in question is pre-empted by this section. Nonfederal ad-ministrative remedies, which do not in-clude judicial appeals of administrativedeterminations, shall be deemed ex-hausted when:

(1) The petitioner’s application for a per-mit or other authorization required by thestate or local authority has been denied andany administrative appeal and variance pro-cedure has been exhausted;

(2) The petitioner’s application for a per-mit or other authorization required by thestate or local authority has been on file forninety days without final action;

(3) The petitioner has received a permit orother authorization required by the state orlocal authority that is conditioned upon thepetitioner’s expenditure of a sum of money,including costs required to screen, pole-mount, or otherwise specially install the an-tenna, greater than the aggregate purchaseor total lease cost of the equipment as nor-mally installed; or

(4) A state or local authority has notifiedthe petitioner of impending civil or criminalaction in a court of law and there are nomore nonfederal administrative steps to betaken.

(d) Procedures regarding filing of pe-titions requesting declaratory rulingsand other related pleadings will be setforth in subsequent Public Notices. Allallegations of fact contained in peti-tions and related pleadings must besupported by affidavit of a person orpersons with personal knowledge there-of.

(e) Any state or local authority thatwishes to maintain and enforce zoningor other regulations inconsistent withthis section may apply to the Commis-sion for a full or partial waiver of thissection. Such waivers may be grantedby the Commission in its sole discre-tion, upon a showing by the applicantthat local concerns of a highly special-ized or unusual nature create a neces-sity for regulation inconsistent withthis section. No application for waivershall be considered unless it specifi-cally sets forth the particular regula-tion for which waiver is sought. Waiv-ers granted in accordance with thissection shall not apply to later-enactedor amended regulations by the localauthority unless the Commission ex-pressly orders otherwise.

(f) a satellite earth station antennathat is designed to receive directbroadcast satellite service, includingdirect-to-home satellite services, thatis one meter or less in diameter or islocated in Alaska is covered by the reg-ulations in § 1.4000 of this chapter.

[61 FR 10898, Mar. 18, 1996, as amended at 61FR 46562, Sept. 4, 1996]

EFFECTIVE DATE NOTE: At 61 FR 46562,Sept. 4, 1996, § 25.104 was amended by revisingparagraph (b)(1) and adding paragraph (f).These paragraphs contain information col-lection and recordkeeping requirements andwill not become effective until approval hasbeen given by the Office of Management andBudget.

§ 25.104 Preemption of local zoning ofearth stations.

State and local zoning or other regu-lations that differentiate between sat-ellite receive-only antennas and othertypes of antenna facilities are pre-empted unless such regulations:

(a) Have a reasonable and clearly de-fined health, safety or aesthetic objec-tive; and

(b) Do not operate to impose unrea-sonable limitations on, or prevent, re-ception of satellite delivered signals byreceive-only antennas or to imposecosts on the users of such antennasthat are excessive in light of the pur-chase and installation cost of theequipment.

Regulation of satellite transmittingantennas is preempted in the samemanner except that state and localhealth and safety regulation is not pre-empted.

[51 FR 5526, Feb. 14, 1986]

§ 25.105–25.108 [Reserved]

§ 25.109 Cross-reference.

The space radiocommunications sta-tions in the following services are notlicensed under this part:

(a) Amateur Satellite Service, see 47CFR part 97.

(b) Direct Broadcasting SatelliteService, see 47 CFR part 100; and

(c) Ship earth stations in the Mari-time Mobile Satellite Service, see 47CFR part 83.

[56 FR 24016, May 28, 1991]


291


Subpart B—Applications andLicenses

SOURCE: 56 FR 24016, May 28, 1991, unlessotherwise noted.

GENERAL APPLICATION FILINGREQUIREMENTS

§ 25.110 Filing of applications, fees,and number of copies.

(a) Standard application forms appli-cable to this Part may be obtained bywriting Federal Communications Com-mission, Forms Distribution Center,2803 52nd Ave., Hyattsville, MD 20781 orcalling (202) 632–FORM.

(b) Applications for satellite radiostation authorizations governed by thispart and requiring a fee shall be mailedor hand-delivered to the locations spec-ified in part 1, subpart G of this chap-ter. All other applications shall be sub-mitted to the Secretary, Federal Com-munications Commission, 1919 MStreet, N.W., Washington, DC 20554.

(c) All correspondence and amend-ments concerning an application shallclearly identify the satellite radioservice, the name of the applicant, sta-tion location, the call sign or otheridentification of the station, and thefile number of the application involved(if available).

(d) Except as otherwise specified, allapplications, amendments, and cor-respondence shall be submitted in trip-licate, including exhibits and attach-ments thereto. All matters relating tospace station applications shall be sub-mitted as an original and nine copies.

(e) The original copy of the applica-tion shall be signed as specified in§ 1.743 of this chapter, and shall supplythe information prescribed by this Partfor the particular authorization re-quested. All other copies may be con-formed.

(f) Each application shall be accom-panied by the appropriate fee, specifiedby, and submitted in accordance with,subpart G of part 1 of this Chapter.

[56 FR 24016, May 28, 1991, as amended at 60FR 5333, Jan. 27, 1995; 61 FR 9951, Mar. 12,1996]

§ 25.111 Additional information.(a) The Commission may request

from any party at any time additional

information concerning any applica-tion, or any other submission or plead-ing regarding an application, filedunder this part.

(b) Applicants, permittees and licens-ees of radio stations governed by thispart shall provide the Commission withall information it requires for the Ad-vance Publication, coordination andnotification of frequency assignmentspursuant to the international RadioRegulations and consultations requiredby Article XIV of the INTELSATAgreement and Article 8 of theINMARSAT Convention. This informa-tion includes, but is not limited to,that specified in appendices 3 and 4 ofthe Radio Regulations (Geneva 1979).No protection from interference causedby radio stations authorized by otherAdministrations is guaranteed unlesscoordination procedures are timelycompleted or, with respect to individ-ual administrations, by successfullycompleting coordination agreements.Any radio station authorization forwhich coordination has not been com-pleted may be subject to additionalterms and conditions as required to ef-fect coordination of the frequency as-signments with other Administrations.

§ 25.112 Defective applications.

(a) An application will be unaccept-able for filing and will be returned tothe applicant with a brief statementidentifying the omissions or discrep-ancies if:

(1) The application is defective withrespect to completeness of answers toquestions, informational showings, in-ternal inconsistencies, execution, orother matters of a formal character; or

(2) The application does not substan-tially comply with the Commission’srules, regulations, specific requests foradditional information, or other re-quirements.

(b) Applications considered defectiveunder paragraph (a) of this section maybe accepted for filing if:

(1) The application is accompanied bya request which sets forth the reasonsin support of a waiver of (or an excep-tion to), in whole or in part, any spe-cific rule, regulation, or requirementwith which the application is in con-flict;


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47 CFR Ch. I (10–1–96 Edition)§ 25.113

(2) The Commission, upon its ownmotion, waives (or allows an exceptionto), in whole or in part, any rule, regu-lation or requirement.

(c) If an applicant is requested by theCommission to file any additional in-formation or any supplementary or ex-planatory information not specificallyrequired in the prescribed applicationform or these rules, a failure to complywith the request within a specifiedtime period will be deemed to renderthe application defective and will sub-ject it to dismissal.

§ 25.113 Construction permits.(a) Except as provided in paragraph

(b) of this section or in § 25.131, con-struction permits must be obtained forall fixed or temporary fixed earth sta-tions and for all space station facilitiesgoverned by this Part. Simultaneousapplication for a construction permitand station license may be made for allearth station and space station facili-ties governed by this Part.

(b) Construction permits are not re-quired for satellite earth stations thatoperate with INTELSAT orINMARSAT space stations, or for earthstations that operate with U.S.-li-censed space stations. Construction ofsuch stations may commence prior togrant of a license at the applicant’sown risk. Applicants must comply withthe provisions of § 1.1312 of this chapterrelating to environmental processingprior to commencing construction. Asimultaneous application for a con-struction permit and station licensemay be made for all earth station andspace station facilities governed bythis part.

(c) FAA notification. Before the con-struction of new antenna structures oralteration in the height of existing an-tenna structures is authorized by theFCC, a Federal Aviation Administra-tion (FAA) determination of ‘‘no haz-ard’’ may be required. To apply for thisdetermination, the FAA must be noti-fied of the planned construction. Cri-teria used to determine whether FAAnotification is required for a particularantenna structure are contained inpart 17 of this chapter. Applicationsproposing construction of one or morenew antenna structures or alteration ofthe overall height of one or more exist-

ing antenna structures, where FAA no-tification prior to such construction oralteration is not required by part 17 ofthis chapter, must indicate such and,unless the reason is obvious (e.g. struc-ture height is less than 6.10 metersAGL) must contain a statement ex-plaining why FAA notification is notrequired.

(d) In addition to the constructionpermit required by paragraph (a) ofthis section, a launch authorizationmust be applied for and granted beforea space station may be launched andoperated in orbit. Request for launchand operation authorization and sta-tion license may be included in the ap-plication for space station constructionpermit. A launch authorization andstation license may also be requestedat any time for a space station con-structed as an on-ground spare sat-ellite. However, an application for au-thority to launch and operate an on-ground spare satellite will be consid-ered to be a newly filed application forcut-off purposes, except where thespace station to be launched is deter-mined to be an emergency replacementfor a previously authorized space sta-tion which has been lost as a result ofa launch failure or a catastrophic in-orbit failure.

(e) Antenna Structure RegistrationNumber. Applications proposing con-struction of one or more new antennastructures or alteration of the overallheight of one or more existing struc-tures, where FAA notification prior tosuch construction or alteration is re-quired by part 17 of this chapter, mustinclude the FCC Antenna StructureRegistration Number(s) for the affectedstructure(s). If no such number hasbeen assigned at the time the applica-tion is filed, the applicant must statein the application whether or not theantenna structure owner has notifiedthe FAA of the proposed constructionor alteration and applied to the FCCfor an Antenna Structure RegistrationNumber in accordance with part 17 ofthis chapter for the antenna structurein question.

(f) In addition to the constructionpermit required by paragraph (a) ofthis section, a launch authorizationmust be applied for and granted beforea space station may be launched and


293


operated in orbit. Request for launchauthorization and station license maybe included in the application for spacestation construction permit. A launchauthorization and station license mayalso be requested at any time for aspace station constructed as an on-ground spare satellite. However, an ap-plication for authority to launch andoperate an on-ground spare domesticsatellite will be considered to be anewly filed application for cut-off pur-poses, except where the space stationto be launched is determined to be anemergency replacement for a pre-viously authorized space station whichhas been lost as a result of a launchfailure or a catastrophic in-orbit fail-ure.

[56 FR 24016, May 28, 1991, as amended at 61FR 4366, Feb. 6, 1996; 61 FR 9951, Mar. 12, 1996]

§ 25.114 Applications for space stationauthorizations.

(a) A comprehensive proposal shall besubmitted for each proposed space sta-tion in narrative form with attachedexhibits as described in paragraph (c)of this section. A separate applicationshould be filed for each space station tobe constructed. If an applicant is pro-posing more than one space station, in-formation common to all space sta-tions may be submitted in a consoli-dated system proposal. This informa-tion may be incorporated by referencein the individual space station applica-tions.

(b) Each application for a new ormodified space station authorizationmust constitute a concrete proposal forCommission evaluation, although theapplicant may propose alternativesthat increase flexibility in accommo-dating the satellite in orbit. Each ap-plication must also contain the formalwaiver required by section 304 of theCommunications Act, 47 CFR 304. Thetechnical information for a proposedsatellite radio system need not be filedon any prescribed form but should becomplete in all pertinent details. Ap-plications should be captioned in amanner that clearly distinguishes indi-vidual satellites within the applicant’ssystem. The format of the applicationsshould conform to the specifications of§ 1.49 of this chapter.

(c) The following information shallbe contained in the separate applica-tions:

(1) Name, post office address and tele-phone number of the applicant.

(2) Name, address and telephone num-ber of the person(s), including counsel,to whom inquiries or correspondenceshould be directed.

(3) Type of authorization requested(e.g., construction permit, launch au-thority, station license, modificationof authorization).

(4) General description of overall sys-tem facilities, operations and services.

(5) Radio frequencies and polarizationplan (including beacon, telemetry, andtelecommand functions), center fre-quency and polarization of tran-sponders (both receiving and transmit-ting frequencies), emission designatorsand allocated bandwidth of emission,final amplifier output power (identifyany net losses between output of finalamplifier and input of antenna andspecify the maximum EIRP for eachantenna beam), identification of whichantenna beams are connected orswitchable to each transponder andTT&C function, receiving system noisetemperature, the relationship betweensatellite receive antenna gain patternand gain-to-temperature ratio andsaturation flux density for each an-tenna beam (may be indicated on an-tenna gain plot), the gain of eachtransponder channel (between outputof receiving antenna and input oftransmitting antenna) including anyadjustable gain step capabilities, andpredicted receiver and transmitterchannel filter response characteristics.

(6)(i) For geostationary satelliteorbit satellites, orbital location, or lo-cations if alternatives are proposed, re-quested for the satellite, the factorswhich support such an orbital assign-ment, the range of orbital locationsfrom which adequate service can beprovided and the basis for determiningthat range of orbital locations, and adetailed explanation of all factors thatwould limit the orbital arc over whichthe satellite could adequately serve itsexpected users.

(ii) For non-geostationary satelliteorbit satellites, the number of spacestations and applicable information re-lating to the number of orbital planes,


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47 CFR Ch. I (10–1–96 Edition)§ 25.114

the inclination of the orbital plane(s),the orbital period, the apogee, the peri-gee, the argument(s) of perigee, activeservice arc(s), and right ascension ofthe ascending node(s).

(7) Predicted space station antennagain contour(s) for each transmit andeach receive antenna beam and nomi-nal orbital location requested. Thesecontour(s) should be plotted on an areamay at 2 dB intervals down to 10 dBbelow the peak value of the parameterand at 5 dB intervals between 10 dB and20 dB below the peak values, with thepeak value and sense of polarizationclearly specified on each plotted con-tour.

(8) Estimated number and geographicdistribution of earth stations, and de-scription of proposed arrangements foraccess to the system between the prem-ises of the users and the earth stationsfor domestic satellites only.

(9) A description of the types of serv-ices to be provided, the estimated de-mand for these services, and the areasand entities to be served, including adescription of the transmission charac-teristics and performance objectivesfor each type of proposed service, de-tails of the link noise budget, typicalor baseline earth station parameters,modulation parameters and overalllink performance analysis (includingan analysis of the effects of each con-tributing noise and interferencesource). An estimate of transponder ca-pacity under each of the proposed oper-ating conditions must also be supplied.

(10) Accuracy with which the orbitalinclination, the antenna axis attitude,and longitudinal drift will be main-tained.

(11) Calculation of power flux densitylevels within each coverage area and ofthe energy dispersal, if any, needed forcompliance with § 25.208.

(12) Launch vehicles and arrange-ments for procuring launch services.

(13) Arrangement for tracking, telem-etry, and control.

(14) Physical characteristics of thespace station including weight and di-mensions of spacecraft, detailed mass(on ground and in-orbit) and power (be-ginning and end of life) budgets, and es-timated operational lifetime and reli-ability of the space station and thebasis for that estimate.

(15) A detailed description of the ca-pabilities, if any, of each proposed do-mestic satellite to provide service toAlaska, Hawaii, and/or Puerto Rico/Virgin Islands.

(16) If the request is for additional orreplacement satellites, detailed infor-mation on the historical use of the sys-tem transponder-by-transponder andon a year-by-year basis, together witha projection of the types and amount ofservices, including restoral or protec-tion requirements, for each additionalsatellite on a year-by-year and trans-ponder-by-transponder basis over theestimated lifetime of the satellite(s).

(17) A detailed schedule of the esti-mated investment costs and operatingcosts for the proposed system by year,including annual depreciation, mainte-nance and operating costs, and thebasis on which such costs are cal-culated. Estimated annual revenue re-quirements should be provided in detailon a year-by-year basis over the esti-mated design lifetime of the satellites,including any pre-operational periods.

(18) Detailed information dem-onstrating the financial qualificationsof the applicant to construct andlaunch the proposed satellites. Applica-tions shall provide the financial infor-mation required by § 25.140 (b) through(e) or § 25.142(a)(4).

(19) Legal qualifications of applicant.FCC Form 430 (Licensee QualificationReport). If FCC Form 430 is already onfile, indicate date, radio service andfile number of most recent filing.

(20) A clear and detailed statement ofwhether the space station is to be oper-ated on a common carrier basis, orwhether noncommon carrier trans-actions are proposed. If noncommoncarrier transactions are proposed, de-scribe the nature of the transactionsand specify the number of transpondersto be offered on a noncommon carrierbasis.

(21) Dates by which construction willbe commenced and completed, launchdate, and estimated date of placementinto service.

(22) Public interest considerations insupport of grant.

(23)–(24) [Reserved](25) Applications for authorizations

in the Radiodetermination Satellite


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Service shall also include the informa-tion specified in § 25.141.

(26) Applications for authorizationsin the Mobile-Satellite Service in the1545–1559/1646.5–1660.5 MHz frequencybands shall also provide all informa-tion necessary to comply with the poli-cies and procedures set forth in Rulesand Policies Pertaining to the Use ofRadio Frequencies in a Land MobileSatellite Service, 52 FR 4017 (Feb. 9,1987), 2 FCC Rcd 485 (1987).

(27) Applications to license multiplespace station systems in the non-voice,non-geostationary mobile-satelliteservice under blanket operating au-thority shall also provide all informa-tion specified in § 25.142.

(28) Applications for authorizationsin the 1.6/2.4 GHz Mobile-Satellite Serv-ice shall also provide all informationspecified in § 25.143.

(d) Applicants requesting authorityto construct and/or launch a systemcomprised of technically identical,non-geostationary satellite orbit mo-bile-satellite service space stationsmay file a single ‘‘blanket’’ applicationcontaining the information specified inparagraph (c) of this section for eachrepresentative space station.

[56 FR 24016, May 28, 1991, as amended at 57FR 14798, Apr. 23, 1992; 58 FR 68059, Dec. 23,1993; 59 FR 53326, Oct. 21, 1994; 61 FR 9945,9952, Mar. 12, 1996]

§ 25.115 Application for earth stationauthorizations.

(a) Transmitting earth stations. Ex-cept as provided under § 25.113(b), Com-mission authorization must be ob-tained for authority to construct and/or operate a transmitting earth sta-tion. Applications shall be filed on FCCForm 493 (Application for Authoriza-tion of Earth Station or for Modifica-tion of Station License) and includethe information specified in § 25.130.

(b) Receive-only earth stations. Ap-plications to license or register re-ceive-only earth stations shall be filedon FCC Form 493 and conform to theprovisions of § 25.131.

(c) Large Networks of Small Anten-nas operating in the 12/14 GHz bandswith U.S. satellites for domestic serv-ices. Applications to license small an-tenna network systems operating inthe 12/14 GHz frequency band under

blanket operating authority shall in-clude the following:

(1) A general narrative section de-scribing the applicant and the overallsystem operation,

(2) A Form 430 (License QualificationReport),

(3) A Form 493 for each large (5 me-ters or larger) hub station operatingwith the network,

(4) A Form 493 for each representa-tive type of small antenna (less than 5meters), and

(5) A designation of a point of con-tact where records of location and fre-quency use will be maintained.

(d) User transceivers in the NVNGand 1.6/2.4 GHz Mobile-Satellite Serviceneed not be individually licensed. Serv-ice vendors may file blanket applica-tions for transceiver units using FCCForm 493 and specifying the number ofunits to be covered by the blanket li-cense. Each application for a blanketlicense under this section shall includethe following:

(1) A general narrative section de-scribing the applicant and the overallsystem operation,

(2) A Form 430 (Licensee Qualifica-tion Report), if not already on file inconjunction with other facilities li-censed under this subpart,

(3) A Form 493 for each representa-tive type of user transceiver terminalunit,

(4) A designation of a point of con-tact where records of individual userswill be maintained.In addition, applicants in the NVNGMSS service shall provide the informa-tion described in § 25.135. Applicants inthe 1.6/2.4 GHz Mobile-Satellite Serviceshall demonstrate that the stationscomply with the technical require-ments specified in § 25.213.

[56 FR 24016, May 28, 1991, as amended at 58FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21,1994; 61 FR 9952, Mar. 12, 1996]

§ 25.116 Amendments to applications.(a) Unless otherwise specified, any

pending application may be amendeduntil designated for hearing, a publicnotice is issued stating that a sub-stantive disposition of the applicationis to be considered at a forthcomingCommission meeting, or a final order


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disposing of the matter is adopted bythe Commission.

(b) Major amendments submittedpursuant to paragraph (a) of this sec-tion are subject to the public notice re-quirements of § 25.151. An amendmentwill be deemed to be a major amend-ment under the following cir-cumstances:

(1) If the amendment increases thepotential for interference, or changesthe proposed frequencies or orbital lo-cations to be used.

(2) If the amendment would convertthe proposal into an action that mayhave a significant environmental effectunder § 1.1307 of this chapter.

(3) If the amendment specifies a sub-stantial change in beneficial ownershipor control (de jure or de facto) of an ap-plicant such that the change would re-quire, in the case of an authorized sta-tion, the filing of a prior assignment ortransfer of control application undersection 310(d) of the CommunicationsAct, provided however, that the changewould not be considered major where itmerely amends an application to re-flect a change in ownership or controlof the station that had been previouslyapproved by the Commission.

(4) If the amendment, or the cumu-lative effect of the amendment, is de-termined by the Commission otherwiseto be substantial pursuant to section309 of the Communications Act.

(c) Any application will be consideredto be a newly filed application if it isamended by a major amendment (as de-fined by paragraph (b) of this section)after a ‘‘cut-off’’ date applicable to theapplication, except under the followingcircumstances:

(1) The amendment resolves fre-quency conflicts with authorized sta-tions or other pending applications butdoes not create new or increased fre-quency conflicts;

(2) The amendment reflects only achange in ownership or control foundby the Commission to be in the publicinterest and, for which a requested ex-emption from a ‘‘cut-off’’ date is grant-ed;

(3) The amendment corrects typo-graphical, transcription, or similarclerical errors which are clearly dem-onstrated to be mistakes by referenceto other parts of the application, and

whose discovery does not create new orincreased frequency conflicts; or

(4) The amendment does not createnew or increased frequency conflicts,and is demonstrably necessitated byevents which the applicant could nothave reasonably foreseen at the time offiling.

(d) Any amendment to an applicationshall be signed and submitted in thesame manner, and with the same num-ber of copies, as was the original appli-cation.

§ 25.117 Modification of station license.

(a) Except as provided, no modifica-tion of a radio station governed by thispart which affects the parameters orterms and conditions of the station au-thorization shall be made except uponapplication to and grant of such appli-cation by the Commission. No licensemodification will be required if the li-censee seeks to access another U.S.-li-censed fixed satellite provided:

(1) Consultations pursuant to ArticleXIV(d) of the INTELSAT Agreementhave been completed for the satellites,services and countries involved; and

(2) The operators of the U.S.-licensedsystems have received specific author-ization to provide the services to theproposed locations.

(b) Applications for modification ofan earth station license to add, changeor replace transmitters or antenna fa-cilities conforming to § 25.209 will beconsidered to be minor modifications ifthe particulars of operations remainunchanged and frequency coordinationis not required, provided however, thatthe maximum power and power densitydelivered into any antenna at the earthstation site shall not exceed the valuescalculated by subtracting the maxi-mum antenna gain specified in the li-cense from the maximum authorizede.i.r.p. and e.i.r.p. density values.

(c) Applications for modification ofearth station authorizations shall besubmitted on FCC Form 493 except asset forth in paragraph (e) of this sec-tion.

(d) Applications for modifications ofspace station authorizations shall befiled in accordance with § 25.114, butonly those items of information listedin § 25.114(c) that change need to be


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submitted provided the applicant cer-tifies that the remaining informationhas not changed.

(e) Any application for modificationof authorization to extend a requireddate of completion (e.g., begin con-struction, complete construction,launch, bring into operation) shall befiled on FCC Form 701 (Application forAdditional Time to Construct). The ap-plication must include a verified state-ment from the applicant:

(1) That states the additional time isrequired due to unforeseeable cir-cumstances beyond the applicant’s con-trol, describes these circumstanceswith specificity, and justifies the pre-cise extension period requested; or

(2) That states there are unique andoverriding public interest concernsthat justify an extension, identifiesthese interests and justifies a preciseextension period.

[56 FR 24016, May 28, 1991, as amended at 61FR 9952, Mar. 12, 1996]

§ 25.118 Assignment or transfer of con-trol of station authorization.

(a) No station license, nor any rightsthereunder, shall be transferred, as-signed, or disposed of in any manner,voluntarily or involuntarily, directlyor indirectly, or by transfer of controlof any corporation or any other entityholding such license, to any person ex-cept upon application to the Commis-sion and upon finding by the Commis-sion that the pubic interest, conven-ience and necessity will be servedthereby.

(b) For purposes of this section,transfers of control requiring Commis-sion approval shall include any and alltransactions that:

(1) Change the party controlling theaffairs of the licensee, or

(2) Affect any change in a controllinginterest in the ownership of the li-censee, including changes in legal orequitable ownership.

(c) Assignment of license. FCC Form702 (Application for Consent to Assign-ment of Radio Station ConstructionPermit or License for Stations in Serv-ices Other than Broadcast) shall besubmitted to assign voluntarily (as by,for example, contract or other agree-ment) or involuntarily (as by, for ex-ample, death, bankruptcy, or legal dis-

ability) the station authorization. Inthe case of involuntary assignment (ortransfer of control), the applicationsshould be filed within 10 days of theevent causing the assignment (ortransfer of control). FCC Form 702shall also be used for non-substantial(pro forma) assignments. In addition,FCC Form 430 shall be submitted bythe proposed assignee of a transmittingstation unless the assignee has a cur-rent and substantially accurate reporton file with the Commission.

(d) Transfer of control of corporationholding a license. FCC Form 704 (Appli-cation for Consent to Transfer of Con-trol) shall be submitted in order totransfer voluntarily or involuntarily(de jure or de facto) control of a cor-poration holding any licenses. FCCForm 704 shall also be used for non-sub-stantial (pro forma) transfers of con-trol. In addition, FCC Form 430 shall besubmitted by the proposed transfereeof a transmitting station unless thetransferee has a current and substan-tially accurate report on file with theCommission.

(e) Whenever a group of station li-censes in the same radio service for thesame class of facility licensed to thesame entity is to be assigned or trans-ferred to a single assignee or trans-feree, a single application may be filedto cover the entire group, if the appli-cation identifies in an exhibit each sta-tion by call sign, station location andexpiration date of license.

(f) Assignments and transfers of con-trol shall be completed within 60 daysfrom the date of authorization. TheCommission shall be notified by letterof the date of consummation and thefile numbers of the applications in-volved in the transaction.

[56 FR 24016, May 20, 1991; 56 FR 29757, June20, 1991]

§ 25.119 Application for special tem-porary authorization.

(a) In circumstances requiring imme-diate or temporary use of facilities, re-quest may be made for special tem-porary authority to install and/or oper-ate new or modified equipment. The re-quest must contain the full particularsof the proposed operation including allfacts sufficient to justify the tem-porary authority sought and the public


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interest therein. No request for tem-porary authority will be considered un-less it is received by the Commission atleast 3 working days prior to the dateof proposed construction or operationor, where an extension is sought, theexpiration date of the existing tem-porary authorization. A request re-ceived within less than 3 working daysmay be accepted only upon due show-ing of extraordinary reasons for thedelay in submitting the request whichcould not have been earlier foreseen bythe applicant. A copy of the request forspecial temporary authority also shallbe forwarded to the Commission’s Lau-rel, Maryland Field Office.

(b) The Commission may grant atemporary authorization for a periodnot to exceed 180 days, with additionalperiods not exceeding 180 days, upon afinding that there are extraordinarycircumstances requiring temporary op-erations in the public interest and thatdelay in the institution of these tem-porary operations would seriously prej-udice the public interest. Convenienceto the applicant, such as marketingconsiderations of meeting scheduledcustomer in-service dates, will not bedeemed sufficient for this purpose.

(c) Each application proposing con-struction of one or more earth stationantennas or alteration of the overallheight of one or more existing earthstation antenna structures, where FAAnotification prior to such constructionor alteration is required by part 17 ofthis chapter, must include the FCC An-tenna Structure Registration Num-ber(s) for the affected satellite earthstation antenna(s). If no such numberhas been assigned at the time the ap-plication(s) is filed, the applicant muststate in the application whether thesatellite earth station antenna ownerhas notified the FAA of the proposedconstruction or alteration and appliedto the FCC for an Antenna StructureRegistration Number in accordancewith part 17 of this chapter. Applica-tions proposing construction of one ormore earth station antennas or alter-ation of the overall height of one ormore existing earth station antennas,where FAA notification prior to suchconstruction or alteration is not re-quired by part 17 of this chapter, mustindicate such and, unless the satellite

earth station antenna is 6.10 meters orless above ground level (AGL), mustcontain a statement explaining whyFAA notification is not required.

[56 FR 24016, May 28, 1991, as amended at 61FR 4367, Feb. 6, 1996]

§ 25.120 License term and renewals.(a) License term. Licenses for facili-

ties governed by this Part will be is-sued for a period of 10 years, except de-velopmental licenses which will be is-sued for period of 1 year.

(b) The Commission reserves theright to grant or renew station licensesfor less than 10 years if, in its judg-ment, the public interest, convenienceand necessity will be served by such ac-tion.

(c) For earth stations, the licenseterm will be specified in the instru-ment of authorization.

(d) Space stations.(1) For geostationary satellite orbit

satellites, the license term will beginat 3 a.m. EST on the date the licenseecertifies to the Commission that thesatellite has been successfully placedinto orbit and that the operations ofthe satellite fully conform to the termsand conditions of the space stationradio authorization.

(2) For non-geostationary satelliteorbit satellites, the license term willbegin at 3 a.m. EST on the date thatthe licensee certifies to the Commis-sion that its initial space station hasbeen successfully placed into orbit andthat the operations of that satellitefully conform to the terms and condi-tions of the space station system au-thorization. All space stationslaunched and brought into service dur-ing the ten-year license term shall op-erate pursuant to the system author-ization, and the operating authorityfor all space stations will terminateupon the expiration of the system li-cense.

(e) Renewal of licenses. Applicationsfor renewals of earth station licensesmust be submitted on FCC Form 405(Application for Renewal of Radio Sta-tion License in Specified Services) noearlier than 90 days, and no later than30 days, before the expiration date ofthe license. Applications for space sta-tion system replacement authorizationfor non-geostationary orbit satellites


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shall be filed no earlier than 90 days,and no later than 30 days, prior to theend of the seventh year of the existinglicense term.

[56 FR 24016, May 28, 1991, as amended at 58FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21,1994]

EARTH STATIONS

§ 25.130 Filing requirements for trans-mitting earth stations.

(a) Applications for a new or modi-fied transmitting earth station facilityshall be submitted on FCC Form 493,accompanied by any required exhibits.

(b) A frequency coordination analysisin accordance with § 25.203 shall be pro-vided for earth stations transmittingin the frequency bands shared withequal rights between terrestrial andspace services, except that applicationsfor user transceiver units associatedwith the NVNG mobile-satellite serviceshall instead provide the informationrequired by § 25.135 and applications foruser transceiver units associated withthe 1.6/2.4 GHz Mobile-Satellite Serviceshall demonstrate that user trans-ceiver operations comply with the re-quirements set forth in § 25.213.

(c) In those cases where an applicantis filing a number of essentially similarapplications, showings of a general na-ture applicable to all of the proposedstations may be submitted in the ini-tial application and incorporated byreference in subsequent applications.

(d) Transmission of signals or pro-gramming to non-U.S. satellites, or toforeign points by means of U.S.-li-censed fixed satellites, may be subjectto restrictions as a result of inter-national agreements or treaties. TheCommission will maintain public infor-mation on the status of any suchagreements.

(e) Each application proposing con-struction of one or more earth stationantennas or alteration of the overallheight of one or more existing earthstation antennas, where FAA notifica-tion prior to such construction or al-teration is required by part 17 of thischapter, must include the FCC An-tenna Structure Registration Num-ber(s) for the affected satellite earthstation antenna(s). If no such numberhas been assigned at the time the ap-

plication(s) is filed, the applicant muststate in the application whether thesatellite earth station antenna ownerhas notified the FAA of the proposedconstruction or alteration and appliedto the FCC for an antenna StructureRegistration Number in accordancewith part 17 of this chapter. Applica-tions proposing construction of one ormore earth station antennas or alter-ation of the overall height of one ormore existing earth station antennas,where FAA notification prior to suchconstruction or notification or alter-ation is not required by part 17 of thischapter, must indicate such and, unlessthe satellite earth station antenna is6.10 meters or less above ground level(AGL), must contain a statement ex-plaining why FAA notification is notrequired.

[56 FR 24016, May 28, 1991, as amended at 58FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21,1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar.12, 1996]

§ 25.131 Filing requirements for re-ceive-only earth stations.

(a) Except as provided in paragraphs(b) and (j) of this section, applicationsfor a license for a receive-only earthstation shall be submitted on FCCForm 493, accompanied by any requiredexhibits.

(b) Except as provided in paragraph(j) of this section, receive-only earthstations may be registered with theCommission in order to protect themfrom interference from terrestrialmicrowave stations in bands shared co-equally with the fixed service in ac-cordance with the procedures of § 25.203and §§ 25.251 through 25.256.

(c) Licensing or registration of re-ceive-only earth stations with theCommission confers no authority to re-ceive and use signals or programmingreceived from satellites. See section 705of the Communications Act. 47 U.S.C.605.

(d) Applications for registration shallbe filed on FCC Form 493 accompaniedby the coordination exhibit required by§ 25.203, and any other required exhib-its. Any application which is deficientor incomplete in any respect shall beimmediately returned to the applicantwithout processing.


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47 CFR Ch. I (10–1–96 Edition)§ 25.132

(e) Complete applications for reg-istration will be placed on public no-tice for 30 days and automaticallygranted if no objection is submitted tothe Commission and served on the ap-plicant. Additional pleadings are au-thorized in accordance with § 1.45 ofthis chapter.

(f) The registration of a receive-onlyearth station results in the listing ofan authorized frequency band at the lo-cation specified in the registration. In-terference protection levels are thoseagreed to during coordination.

(g) Reception of signals or program-ming from non-U.S. satellites may besubject to restrictions as a result ofinternational agreements or treaties.The Commission will maintain publicinformation on the status of any suchagreements.

(h) Registration term: Registrationsfor receive-only earth stations gov-erned by this section will be issued fora period of 10 years from the date onwhich the application was filed. Appli-cations for renewals of registrationsmust be submitted on FCC Form 405(Application for Renewal of Radio Sta-tion License in Specified Services) noearlier than 90 days and no later than30 days before the expiration date ofthe registration.

(i) Applications for modification oflicense or registration of receive-onlyearth stations shall be made in con-formance with § 25.117 of this part. Reg-istrants are required to notify theCommission when a receive-only earthstation is no longer operational orwhen it has not been used to provideany service during any 6 month period.

(j) Receive-only earth stations oper-ating with INTELSAT space stations,or U.S.-licensed and non-U.S. space sta-tions for reception of services fromother countries, shall file an FCC Form493 requesting a license for such sta-tion. Receive-only earth stations usedto receive INTELNET I services fromINTELSAT space stations need not filefor licenses. See Deregulation of Re-ceive-Only Satellite Earth Stations Op-erating with the INTELSAT GlobalCommunications Satellite System, De-claratory Ruling, RM No. 4845, FCC 86–214 (released May 19, 1986).

[56 FR 24016, May 28, 1991, as amended at 61FR 9952, Mar. 12, 1996]

§ 25.132 Verification of earth stationantenna performance standards.

(a) All applications for transmittingearth stations in the C and Ku-bandsmust be accompanied by a certificatepursuant to § 2.902 of the chapter fromthe manufacturer of each antenna thatthe results of a series of radiation pat-tern tests performed on representativeequipment in representative configura-tions by the manufacturer which dem-onstrates that the equipment complieswith the performance standards setforth in § 25.209. The licensee must beprepared to demonstrate the measure-ments to the Commission on request inthe course of an investigation of aharmful interference incident.

(b)(1) In order to demonstrate com-pliance with § 25.209 (a) and (b), the fol-lowing measurements on a productionantenna performed on calibrated an-tenna range, as a minimum, shall bemade at the bottom, middle and top ofeach allocated frequency band and sub-mitted to the Commission:

(i) Co-polarized patterns for each oftwo orthogonal senses of polarizationsin two orthogonal cuts of the antenna.

(A) In the azimuth plane, plus andminus 7 degrees and plus and minus 180degrees.

(B) In the elevation plane, zero toforty-five degrees.

(ii) Cross-polarization patterns in theE- and H-planes, plus and minus 9 de-grees.

(iii) Main beam gain.(2) The FCC envelope specified in

§ 25.209 shall be superimposed on eachpattern. The minimum tests specifiedabove are recognized as representativeof the performance of the antenna inmost planes although some increase insidelobe levels should be expected inthe spar planes and orthogonal sparplanes.

(c) The tests specified in paragraph(b) of this section are normally per-formed at the manufacturer’s facility;but for those antennas that are verylarge and only assembled on-site, on-site measurements may be used forproduct qualification data. If on-sitedata is to be used for qualification, thetest frequencies and number of pat-terns should follow, where possible, therecommendations in paragraph (b) ofthis section, and the test data is to be


301


submitted in the same manner as de-scribed in paragraph (a) of this section.

(d) For each new or modified trans-mitting antenna over 3 meters in diam-eter, the following on-site verificationmeasurements must be completed atone frequency on an available trans-ponder in each frequency band of inter-est and submitted to the Commission.

(1) Co-polarized patterns in the ele-vation plane, plus and minus 7 degrees,in the transmit band.

(2) Co-polarized patterns in the azi-muth and elevation planes, plus andminus 7 degrees, in the receive band.

(3) System cross-polarization discrimina-tion on-axis. The FCC envelope specifiedin § 25.209 shall be superimposed oneach pattern. The transmit patternsare to be measured with the aid of a co-operating earth station in coordinationwith the satellite system control cen-ter under the provisions of § 25.272.§

(e) Certification that the tests re-quired by paragraph (c) of this sectionhave been satisfactorily performedshall be provided to the Commission innotification that construction of thefacilities has been completed as re-quired by § 25.133.

(f) Antennas less than 3 meters in di-ameter and antennas on simple (man-ual) drive mounts that are operated ata fixed site are exempt from the re-quirements of paragraphs (c) and (d) ofthis section provided that a detailedtechnical showing is made that con-firms proper installation, pointing pro-cedures, and polarization alignmentand manufacturing quality control.These showing must also include a planfor periodic testing and field installa-tion procedures and precautions.

(g) Records of the results of the testsrequired by this section must be main-tained at the antenna site or the earthstation operator’s control center andbe available for inspection.

[58 FR 13419, Mar. 11, 1993]

§ 25.133 Period of construction; certifi-cation of commencement of oper-ation.

(a) Each license for an earth stationgoverned by this part shall specify as acondition therein the period in whichconstruction of facilities must be com-pleted and station operation com-menced. Construction of the earth sta-

tion must be completed and the stationmust be brought into regular operationwithin 12 months from the date of theconstruction permit and/or licensegrant except as may be otherwise de-termined by the Commission for anyparticular application.

(b) Each license for a transmittingearth station included in this partshall also specify as a condition thereinthat upon the completion of construc-tion, each licensee must file with theCommission a certification containingthe following information: The name ofthe licensee; file number of the applica-tion; call sign of the antenna; date ofthe license; a certification that the fa-cility as authorized has been completedand that each antenna facility has beentested and is within 2 dB of the patternspecified in § 25.209, § 25.135 (NVNG MSSearth stations), or § 25.213 (1.6/2.4 GHzMobile-Satellite Service earth sta-tions); the date on which the stationbecame operational; and a statementthat the station will remain oper-ational during the license period unlessthe license is submitted for cancella-tion. For stations authorized under§ 25.115(c) of this part (Large Networksof Small Antennas operating in the 12/14 GHz bands) and § 25.115(d) of this part(User Transceivers in the Mobile-Sat-ellite Service), a certificate must befiled when the network is put into op-eration.

(c) If the facility does not meet thetechnical parameters set forth in§ 25.209, a request for a waiver must besubmitted and approved by the Com-mission before operations may com-mence.

(d) Each receiving earth station li-censed or registered pursuant to § 25.131must be constructed and placed intoservice within 6 months after coordina-tion has been completed. Each licenseeor registrant must file with the Com-mission a certification that the facilityis completed and operating as providedin paragraph (b) of this section, withthe exception of certification of an-tenna patterns.

[56 FR 24016, May 28, 1991, as amended at 58FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21,1994]


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47 CFR Ch. I (10–1–96 Edition)§ 25.134

§ 25.134 Licensing Provisions of VerySmall Aperture Terminal (VSAT)Networks.

(a) All applications for digital VSATnetworks with maximum outbounddownlink power densities of +6.0 dBW/4kHz per carrier and maximum antennainput power densities of ¥14 dbw/4 kHzwill be processed routinely pursuant toDeclaratory Order in the Matter ofRoutine Licensing of Large Networksof Small Antenna Earth Stations Oper-ating in the 12/14 GHz FrequencyBands, 51 FR 15067 (April 22, 1986)(VSAT Order). All applications for ana-log VSAT networks with maximumoutbound downlink power densities of+13.0 dBW/4 kHz per carrier and maxi-mum antenna input power densities of¥8.0 dBW/4 kHz shall be processed rou-tinely in accordance with DeclaratoryOrder in the Matter of Routine Licens-ing of Earth Stations in the 6 GHz and14 GHz Bands Using Antennas Lessthan 9 Meters and 5 Meters in Diame-ter, Respectively, for Both Full Trans-ponder and Narrowband Transmissions,2 FCC Rcd 2149 (1987) (DeclaratoryOrder).

(b) Each applicant for digital and/oranalog VSAT network authorizationproposing to use transmitted satellitecarrier power densities in excess of +6.0dBW/4 kHz per carrier and +13.0 dBW/4kHz, respectively, and/or maximum an-tenna input power densities of ¥14.0dBW/4 kHz and ¥8.0 dBW/4 kHz, respec-tively, shall conduct an engineeringanalysis using the Sharp, AdjacentSatellite Interference Analysis (ASIA)program. Applicants shall submit acomplete description of those baselineparameters they use in conductingtheir analysis and tabular summariesof the ASIA program’s output detailingpotential interference shortfalls. Appli-cants shall also submit a narrativesummary which must indicate whetherthere are margin shortfalls in any ofthe current baseline services as a re-sult of the addition of the new appli-cant’s high power service, and if so,how the applicant intends to resolvethose margin shortfalls. Applicantsshall submit link budget analyses ofthe operations proposed along with adetailed written explanation of howeach uplink and each transmitted sat-ellite carrier density figure is derived.

Applicants shall provide proof by affi-davit that all potentially affected par-ties acknowledge and do not object tothe use of the applicant’s higher powerdensity.

(c) Licensees authorized pursuant toparagraph (b) of this section shall bearthe burden of coordinating with any fu-ture applicants or licensees whose pro-posed compliant VSAT operations, asdefined by paragraph (a) of this sec-tion, is potentially or actually ad-versely affected by the operation of thenon-compliant licensee. If no goodfaith agreement can be reached, how-ever, the non-compliant licensee shallreduce its power density levels to thosecompliant with the VSAT Order or theDeclaratory Order, whichever is appli-cable.

[56 FR 66001, Dec. 20, 1991]

§ 25.135 Licensing provisions for earthstation networks in the non-voice,non-geostationary mobile-satelliteservice.

(a) Each applicant for a blanketearth station license in the non-voice,non-geostationary mobile-satelliteservice shall demonstrate that trans-ceiver operations will not cause unac-ceptable interference to other author-ized users of the spectrum, based on ex-isting system information publiclyavailable at the Commission at thetime of filing, and will comply withoperational conditions placed upon thesystems with which they are to operatein accordance with § 25.142(b). Thisdemonstration shall include a showingas to all the technical parameters, in-cluding duty cycle and power limits,under which the individual usertransceivers will operate.

(b) Transceiver units associated withthe non-voice, non-geostationary mo-bile-satellite service may not be oper-ated on civil aircraft. All portable orhand-held transceiver units (includingtransceiver units installed in other de-vices that are themselves portable orhand-held) having a receiver operatingin the 137–138 MHz band shall bear thefollowing statement in a conspicuouslocation on the device: ‘‘This devicemay not be operated while on board acivil aircraft. It must be turned off atall times while on board such an air-craft.’’ This subsection shall not apply


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to transceiver units whose receiversare incapable of radiating in the 108–137MHz frequency bands.

(c) Transceiver units in this serviceare authorized to communicate withand through U.S. authorized space sta-tions only. No person shall transmit toa space station unless the specifictransmission is first authorized by thespace station licensee or by a servicevendor authorized by that licensee.

(d) Any transceiver unit associatedwith this service will be deemed, whencommunicating with a particular non-voice, non-geostationary mobile-sat-ellite service system pursuant to para-graph (c) of this section, to be tempo-rarily associated with and licensed tothe system operator or service vendorholding the blanket earth station li-cense awarded pursuant to § 25.115(d).The domestic earth station licenseeshall, for such temporary period, as-sume the same licensee responsibilityfor such transceiver as if such trans-ceiver were regularly licensed to it.

[58 FR 68059, Dec. 23, 1993]

§ 25.136 Operating provisions for earthstation networks in the 1.6/2.4 GHzmobile-satellite service.

In addition to the technical require-ments specified in § 25.213, earth sta-tions operating in the 1.6/2.4 GHz Mo-bile-Satellite Service are subject to thefollowing operating conditions:

(a) User transceiver units associatedwith the 1.6/2.4 Mobil-Satellite servicemay not be operated on civil aircraftunless the earth station has a directphysical connection to the aircraftCabin Communication system.

(b) User transceiver units in thisservice are authorized to communicatewith and through U.S. authorized spacestations only. No person shall transmitto a space station unless the usertransceiver is first authorized by thespace station licensee or by a servicevendor authorized by that licensee, andthe specific transmission is conductedin accordance with the operating pro-tocol specified by the system operator.

(c) Any user transceiver unit associ-ated with this service will be deemed,when communicating with a particular1.6/2.4 GHz Mobile-Satellite Servicesystem pursuant to paragraph (b) ofthis section, to be temporarily associ-

ated with and licensed to the systemoperator or service vendor holding theblanket earth station license awardedpursuant to Section 25.115(d). The do-mestic earth station licensee shall, forthis temporary period, assume thesame licensee responsibility for theuser transceiver as if the user trans-ceiver were regularly licensed to it.

[59 FR 53327, Oct. 21, 1994, as amended at 61FR 9945, Mar. 12, 1996]

SPACE STATIONS

§ 25.140 Qualifications of fixed-satellitespace station licensees.

(a) New fixed-satellites shall complywith the requirements established inReport and Order in CC Docket No. 81–704. The requirements for radio stationapplications for new fixed-satellites arespecified in Appendix B to the Commis-sion’s 1983 Processing Order (93 FCC2d1260 (1983)). Applications must alsomeet the requirements in paragraphs(b) through (e) of this section. TheCommission may require additional ordifferent information in the case of anyindividual application. Applicationswill be unacceptable for filing and willbe returned to the applicant if they donot meet the requirements referred toin this paragraph.

(b) Each applicant for a space stationauthorization in the fixed-satelliteservice must demonstrate, on the basisof the documentation contained in itsapplication, that it is legally, finan-cially, technically, and otherwisequalified to proceed expeditiously withthe construction, launch and/or oper-ation of each proposed space station fa-cility immediately upon grant of therequested authorization. Each appli-cant must provide the following infor-mation:

(1) The information specified in§ 25.114.

(2) Financial qualifications should bedemonstrated in the form specifiedbelow. Failure to make such a showingshall result in the dismissal of the ap-plication.

(3) An interference analysis to dem-onstrate the compatibility of its pro-posed system 2° from any authorizedspace station. Applicants should pro-vide details of their proposed r.f. car-riers which they believe should be


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taken into account in these analyses.At a minimum, the applicant must in-clude, for each type of r.f. carrier, thelink noise budget, modulation param-eters, and overall like performanceanalysis. (See, e.g., appendices B and Cto Licensing of Space Stations in theDomestic Fixed-Satellite Service, 48FR 40233 (September 6, 1983).)

(c) Each application for authority toconstruct and/or to launch and operatea space station in this service shall in-clude a detailed statement of esti-mated investment and operating costsfor the expected lifetime of the facil-ity, and shall demonstrate in accord-ance with paragraph (d) of this sectionthe applicant’s current financial abil-ity to meet the:

(1) Estimated costs of proposed con-struction and/or launch, and any otherinitial expenses for the space sta-tion(s); and

(2) Estimated operating expenses forone year after launch of the proposedspace station(s).

(d) Each application for authority toconstruct and/or launch a space stationshall demonstrate an applicant’s cur-rent financial ability to meet the costsspecified in paragraph (c) of this sec-tion by submitting the following finan-cial information verified by affidavit:

(1) A balance sheet current for thelatest fiscal year and documentation ofany financial commitments reflectedin the balance sheet (such as, for exam-ple, loan agreements and service con-tracts) together with an exhibit dem-onstrating that the applicant has cur-rent assets and operating income suffi-cient to satisfy the requirements ofparagraph (c) of this section. If the ap-plicant is owned by more than one cor-porate parent, it must submit evidenceof a commitment to the proposed sat-ellite program by management of thecorporate parent upon whom it is rely-ing for financial resources;

(2) If the submissions of paragraph(d)(1) of this section do not satisfyparagraph (c) of this section, the appli-cant shall submit additional informa-tion as listed below to satisfy para-graph (c) of this section.

(i) The terms of any fully negotiatedloan or other form of credit arrange-ment intended to be used to finance theproposed construction, acquisition, or

operation of the requested facilities in-cluding such information as the iden-tity of the creditor (or creditors), theamount committed, letters of commit-ment, detailed terms of the trans-action, including the details of anycontingencies, and a statement thatparagraph (e) of this section is com-plied with;

(ii) The terms of any fully negotiatedsale or placement of any equity orother form of ownership interest, in-cluding the sale, or long-term lease forthe lifetime of the satellite, of pro-posed satellite transponder capacity inthe level of detail as specified in para-graph (d)(2)(i) of this section;

(iii) The terms of any grant, or otherexternal funding commitment intendedto be used to finance the proposed con-struction, acquisition or operation ofthe requested facilities including suchinformation as the identity of thegrantor(s), the amount committed, let-ters of commitment, and detailedterms of the transaction, including thedetails of any contingencies;

(iv) Any financing arrangements con-tingent on further performance by ei-ther party, such as marketing of sat-ellite capacity or raising additional fi-nancing, will not satisfy the require-ments of paragraph (c) of this section.

(3) Whatever other information or de-tails the Commission may require withregard to a specific application or ap-plicant;

(e) Any loan or other credit arrange-ment providing for a chattel mortgageor secured interest in any proposed fa-cility must include a provision for aminimum of ten (10) days prior writtennotification to the licensee or permit-tee, and to the Commission, before anysuch equipment may be repossessedunder default provision of the agree-ment.

(f) An applicant found to be qualifiedpursuant to paragraph (b) of this sec-tion may be initially assigned up totwo orbital locations in each pair offrequency bands proposed. Authoriza-tions to construct ground spares are atthe applicant’s risk that launch au-thorization will not be granted by theCommission.

(g) Each applicant found to be quali-fied pursuant to paragraph (b) of thissection may be assigned no more than


305


one additional orbital location beyondits current authorizations in each fre-quency band in which it is authorizedto operate, provided that its in-orbitsatellites are essentially filled and thatit has no more than two unused orbitallocations for previously authorized butunlaunched satellites in that band.

(h) In the event that one or more ap-plications satisfying the requirementsof this section are ready for grant, anyorbital location occupied by a satellitethat is determined to be a part of a sys-tem that is not essentially filled maybe cancelled and colocation of in-orbitsatellites may be required. The Com-mission may take this action if, in sodoing, it would allow the grant of pend-ing applications that satisfy the re-quirements of this section. If a can-cellation is made, the licensee will beafforded a period of 30 days to notifythe Commission which of its assignedlocations should be cancelled.

[56 FR 24016, May 28, 1991, as amended at 58FR 68060, Dec. 23, 1993; 61 FR 9952, Mar. 12,1996]

§ 25.141 Licensing provisions for theradiodetermination satellite serv-ice.

(a) Space station application require-ments. Each application for a space sta-tion license in the radiodeterminationsatellite service shall describe in detailthe proposed radiodetermination sat-ellite system, setting forth all perti-nent technical and operational aspectsof the system, including its capabilityfor providing and controlling radio-determination service on a geographicbasis, and the technical, legal and fi-nancial qualifications of the applicant.In particular, each application shall in-clude the information specified in Ap-pendix B of Space Station ApplicationFiling Procedures, 93 FCC 2d 1260, 1265(1983), except that in lieu of dem-onstrating compliance with item II.F(two degree spacing), applicants are re-quired to demonstrate compatibilitywith licensed satellite systems in thesame frequency band. Applicants mustalso file information demonstratingcompliance with all requirements ofthis section, specifically including in-formation demonstrating how the ap-plicant has complied or plans to com-

ply with the requirements of paragraph(f) of this section.

(b) Space station application proce-dures. Each application for a space sta-tion in the radiodetermination sat-ellite service shall be placed on publicnotice for 60 days, during which timeinterested parties may file commentsand petitions related to the applica-tion. A 60 day cut-off period shall alsobe established for the filing of applica-tions to be considered in conjunctionwith an original application.

(c) User transceivers. Individual usertransceivers will not be licensed. Serv-ice vendors may file blanket applica-tions for transceiver units using FCCForm 493 and specifying the number ofunits to be covered by the blanket li-cense. FCC Form 430 should be submit-ted if not already on file in conjunctionwith other facilities licensed under thissubpart. Each application must dem-onstrate that transceiver operationswill not cause interference to otherusers of the spectrum.

(d) Permissible communications. Sta-tions in this service are authorized torender radiodetermination service, andmay not render other services exceptas ancillary to the radiodeterminationservice.

(e) Frequency allocation policies.Each radiodetermination satellite serv-ice licensee will be assigned the entireallocated frequency bands on a non-ex-clusive basis. Coding techniques andpower limits as set forth in paragraph(f) of this section and orbital spacingshall be employed to avoid harmful in-terference with other radiodetermin-ation satellite service systems.

(f) Radiodetermination satellite service.Licenses shall coordinate with radio-determination satellite system licens-ees to avoid harmful interference toother radiodetermination satellite sys-tems through:

(1) Power flux density limits;(2) Use of pseudorandom-noise codes

(for both the satellite-to-user link andfor the user-to-satellite link); and

(3) Random access, time divisionmultiplex techniques.

Licensees shall coordinate with 1.6/2.4GHz Mobile-Satellite Service system li-censees to avoid interference to 1.6/2.4GHz Mobile-Satellite Service systems.


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47 CFR Ch. I (10–1–96 Edition)§ 25.142

(g) License conditions. All authoriza-tions in the radiodetermination sat-ellite service shall be subject to thepolicies set forth in the Report andOrder, including compliance with ap-pendix D, and the Second Report andOrder in General Docket Nos. 84–689and 84–690 and to any policies and rulesthe Commission may adopt at the laterdate.

[56 FR 24016, May 28, 1991, as amended at 59FR 53327, Oct. 21, 1994]

§ 25.142 Licensing provisions for thenon-voice, non-geostationary mo-bile-satellite service.

(a) Space station application require-ments. (1) Each application for a spacestation system authorization in thenon-voice, non-geostationary mobile-satellite service shall describe in detailthe proposed non-voice, non-geo-stationary mobile-satellite system,setting forth all pertinent technicaland operational aspects of the system,and the technical, legal, and financialqualifications of the applicant. In par-ticular, each application shall includethe information specified in § 25.114, ex-cept that in lieu of the informationconcerning orbital locations requestedin § 25.114(c)(6), the applicant shallspecify the number of space stationsand applicable information relating tothe altitude(s), argument(s) of perigee,service arc(s), right ascension of as-cending node(s), eccentricity, and incli-nation of the space stations (all ref-erenced to the same time) that willcomprise its system. Applicants mustalso file information demonstratingcompliance with all requirements ofthis section, and showing, based on ex-isting system information publiclyavailable at the Commission at thetime of filing, that they will not causeunacceptable interference to any non-voice, non-geostationary mobile-sat-ellite service system authorized to con-struct or operate.

(2) Applicants for a non-voice, non-geostationary mobile-satellite mustidentify the power flux density pro-duced at the Earth’s surface by eachspace station of their system in the fre-quency bands 137–138 MHz and 400.15–401MHz, to allow determination of wheth-er coordination with terrestrial serv-ices is required under international

footnotes 599A and 647B of § 2.106 of theCommission’s Rules. In addition, appli-cants must identify the measures theywould employ to protect the radio as-tronomy service in the 150.05–153 MHzand 406.1–410 MHz bands from harmfulinterference from unwanted emissions.

(3) Emission limitations. (i) Appli-cants in the non-voice, non-geo-stationary mobile-satellite serviceshall show that their space stationswill not exceed the emission limita-tions of § 25.202(f) (1), (2) and (3), as cal-culated for a fixed point on the Earth’ssurface in the plane of the space sta-tion’s orbit, considering the worst-casefrequency tolerance of all frequencydetermining components, and maxi-mum positive and negative Dopplershift of both the uplink and downlinksignals, taking into account the sys-tem design.

(ii) Applicants in the non-voice, non-geostationary mobile-satellite serviceshall show that no signal received bytheir satellites from sources outside oftheir system shall be retransmittedwith a power flux density level, in theworst 4 kHz, higher than the level de-scribed by the applicants in paragraph(a)(2) of this section.

(4) Financial qualifications. Each ap-plicant for space station system au-thorization in the non-voice, non-geo-stationary mobile-satellite servicemust demonstrate, on the basis of thedocumentation contained in its appli-cation, that it is financially qualifiedto proceed expeditiously with the con-struction, launch and operation for oneyear of the first two space stations ofits proposed system immediately upongrant of the requested authorization.Failure to make such a showing willresult in the dismissal of the applica-tion. This showing shall include all in-formation described in § 25.140 (c), (d)and (e).

(5) Replacement of space stationswithin the system license term. The li-censee need not file separate applica-tions to construct, launch and operatetechnically identical replacement sat-ellites within the term of the systemauthorization. However, the licenseeshall certify to the Commission, atleast thirty days prior to launch ofsuch replacement(s) that:


307


(i) The licensee intends to launch aspace station that is technically iden-tical to those authorized in its systemlicense, and

(ii) Launch of this space station willnot cause the licensee to exceed thetotal number of operating space sta-tions authorized by the Commission.

(b) Operating conditions. In order toensure compatible operations with au-thorized users in the frequency bandsto be utilized for operations in the non-voice, non-geostationary mobile-sat-ellite service, non-voice, non-geo-stationary mobile-satellite service sys-tems must operate in accordance withthe conditions specified in this section.

(1) Service limitation. Voice servicesmay not be provided.

(2) Coordination requirements withFederal government users.

(i) The frequency bands allocated foruse by the non-voice, non-geo-stationary mobile-satellite service arealso authorized for use by agencies ofthe Federal government. The Federaluse of frequencies in the non-voice,non-geostationary mobile-satelliteservice frequency bands is under theregulatory jurisdiction of the NationalTelecommunications and InformationAdministration (NTIA).

(ii) The Commission will use its ex-isting procedures for liaison with NTIAto reach agreement with respect toachieving compatible operations be-tween Federal government users underthe jurisdiction of NTIA and non-voice,non-geostationary mobile-satelliteservice systems (including usertransceivers subject to blanket licens-ing under § 25.115(d)) through the fre-quency assignment and coordinationpractices established by NTIA and theInterdepartment Radio Advisory Com-mittee (IRAC). In order to facilitatesuch frequency assignment and coordi-nation, applicants shall provide theCommission with sufficient informa-tion to evaluate electromagnetic com-patibility with the Federal governmentuse of the spectrum, and any additionalinformation requested by the Commis-sion. As part of the coordination proc-ess, applicants shall show that theywill not cause unacceptable inter-ference to authorized Federal govern-ment users, based upon existing systeminformation provided by the Govern-

ment. The frequency assignment andcoordination of the satellite systemwith Federal government users shall becompleted prior to grant of construc-tion authorization.

(iii) The Commission shall also co-ordinate with NTIA/IRAC with regardto the frequencies to be shared bythose earth stations of non-voice, non-geostationary mobile-satellite servicesystems that are not subject to blanketlicensing under § 25.115(d), and author-ized Federal government stations inthe fixed and mobile services, throughthe exchange of appropriate systemsinformation.

(3) Coordination among non-voice,non-geostationary mobile-satelliteservice systems. Applicants for author-ity to establish non-voice, non-geo-stationary mobile-satellite service sys-tems are encouraged to coordinatetheir proposed frequency usage withexisting permittees and licensees inthe non-voice, non-geostationary mo-bile-satellite service whose facilitiescould be affected by the new proposalin terms of frequency interference orrestricted system capacity. All affectedapplicants, permittees, and licenseesshall, at the direction of the Commis-sion, cooperate fully and make everyreasonable effort to resolve technicalproblems and conflicts that may in-hibit effective and efficient use of theradio spectrum; however, the permitteeor licensee being coordinated with isnot obligated to suggest changes or re-engineer an applicant’s proposal incases involving conflicts.

(4) Safety and distress communica-tions. Stations operating in the non-voice, non-geostationary mobile-sat-ellite service that are used to complywith any statutory or regulatoryequipment carriage requirements mayalso be subject to the provisions of sec-tions 321(b) and 359 of the Communica-tions Act of 1934, as amended. Licens-ees are advised that these provisionsgive priority to radio communicationsor signals relating to ships in distressand prohibit a charge for the trans-mission of maritime distress calls andrelated traffic.

(c) Reporting requirements. All opera-tors of non-voice, non-geostationarymobile-satellite service systems shall,on June 30 of each year, file a report


308

47 CFR Ch. I (10–1–96 Edition)§ 25.143

with the Common Carrier Bureau andthe Commission’s Laurel, Marylandfield office containing the following in-formation:

(1) A listing of any non-scheduledspace station outages for more thanthirty minutes and the cause(s) of suchoutages;

(2) A detailed description of the utili-zation made of the in-orbit satellitesystem. That description should iden-tify the percentage of time that thesystem is actually used for domestictransmission, the amount of capacity(if any) sold but not in service, and theamount of unused system capacity; and

(3) Identification of any space sta-tions not available for service or other-wise not performing to specifications,the cause(s) of these difficulties, andthe date any space station was takenout of service or the malfunction iden-tified.

[58 FR 68060, Dec. 23, 1993]

§ 25.143 Licensing provisions for the1.6/2.4 GHz Mobile-Satellite Service.

(a) System License: Applicants author-ized to construct and launch a systemof technically identical non-geo-stationary satellite orbit satellites willbe awarded a single ‘‘blanket’’ licensecovering a specified number of spacestations to operate in a specified num-ber of orbital planes.

(b) Qualification Requirements.(1) General Requirements: Each appli-

cation for a space station system au-thorization in the 1.6/2.4 GHz mobile-satellite service shall describe in detailthe proposed satellite system, settingforth all pertinent technical and oper-ational aspects of the system, and thetechnical, legal, and financial quali-fications of the applicant. In particu-lar, each application shall include theinformation specified in § 25.114.

(2) Technical Qualifications: In addi-tion to providing the information spec-ified in paragraph (b)(1) of this section,each applicant shall demonstrate thefollowing:

(i) That the proposed system employsa non-geostationary constellation orconstellations of satellites;

(ii) That the proposed system be ca-pable of providing mobile satelliteservices to all locations as far north as70° latitude and as far south as 55° lati-

tude for at least 75% of every 24-hourperiod, i.e., that at least one satellitewill be visible above the horizon at anelevation angle of at least 5° for atleast 18 hours each day within the de-scribed geographic area;

(iii) That the proposed system is ca-pable of providing mobile satelliteservices on a continuous basis through-out the fifty states, Puerto Rico andthe U.S. Virgin Islands, U.S., i.e., thatat least one satellite will be visibleabove the horizon at an elevation angleof at least 5° at all times within the de-scribed geographic areas;

(iv) That operations will not causeunacceptable interference to other au-thorized users of the spectrum. In par-ticular, each application shall dem-onstrate that the space station(s) com-ply with the requirements specified in§ 25.213.

(3) Financial Qualifications: Each ap-plicant for a space station system au-thorization in the 1.6/2.4 GHz mobile-satellite service must demonstrate, onthe basis of the documentation con-tained in its application, that it is fi-nancially qualified to meet the esti-mated costs of the construction andlaunch of all proposed space stations inthe system and the estimated operat-ing expenses for one year after thelaunch of the initial space station. Fi-nancial qualifications must be dem-onstrated in the form specified in§§ 25.140(c) and (d). In addition, appli-cants relying on current assets or oper-ating income must submit evidence ofa management commitment to the pro-posed satellite system. Failure tomake such a showing will result in thedismissal of the application.

(c) Replacement of Space Stations With-in the System License Term. Licensees of1.6/2.4 GHz mobile-satellite systems au-thorized through a blanket license pur-suant to paragraph (a) of this sectionneed not file separate applications toconstruct, launch and operate tech-nically identical replacement satelliteswithin the term of the system author-ization. However, the licensee shallcertify to the Commission, at leastthirty days prior to launch of such re-placement(s) that:


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(1) The licensee intends to launch aspace station that is technically iden-tical to those authorized in its systemauthorization, and

(2) Launch of this space station willnot cause the licensee to exceed thetotal number of operating space sta-tions authorized by the Commission.

(d) In-Orbit Spares. Licensees need notfile separate applications to operatetechnically identical in-orbit sparesauthorized as part of the blanket li-cense pursuant to paragraph (a) of thissection. However, the licensee shallcertify to the Commission, within 10days of bringing the in-orbit spare intooperation, that operation of this spacestation did not cause the licensee toexceed the total number of operatingspace stations authorized by the Com-mission.

(e) Reporting requirements.(1) All operators of 1.6/2.4 GHz mo-

bile-satellite systems shall, on June 30of each year, file with the Inter-national Bureau and the Field Office inLaurel, Maryland a report containingthe following information:

(i) Status of satellite constructionand anticipated launch dates, includingany major problems or delays encoun-tered;

(ii) A listing of any non-scheduledspace station outages for more than 30minutes and the cause or causes of theoutage;

(iii) A detailed description of the uti-lization made of the in-orbit satellitesystem. That description should iden-tify the percentage of time that thesystem is actually used for U.S. domes-tic or transborder transmission, theamount of capacity (if any) sold butnot in service within U.S. territorialgeographic areas, and the amount ofunused system capacity; and

(iv) Identification of any space sta-tions not available for service or other-wise not performing to specifications,the cause or causes of these difficul-ties, and the date any space stationwas taken out of service or the mal-function identified.

(2) All operators of 1.6/2.4 GHz mo-bile-satellite systems shall, within 10days after a required implementationmilestone as specified in the systemauthorization, certify to the Commis-sion by affidavit that the milestone has

been met or notify the Commission byletter that it has not been met. At itsdiscretion, the Commission may re-quire the submission of additional in-formation (supported by affidavit of aperson or persons with knowledgethereof) to demonstrate that the mile-stone has been met.

(f) Safety and distress communications.(1) Stations operating in the 1.6/2.4

GHz Mobile-Satellite Service that arevoluntarily installed on a U.S. ship orare used to comply with any statute orregulatory equipment carriage require-ments may also be subject to the re-quirements of sections 321(b) and 359 ofthe Communications Act of 1934. Li-censees are advised that these provi-sions give priority to radio commu-nications or signals relating to ships indistress and prohibits a charge for thetransmission of maritime distress callsand related traffic.

(2) Licensees offering distress andsafety services should coordinate withthe appropriate search and rescue orga-nizations responsible for the licenseesservice area.

(g) Considerations involving transfer orassignment applications.

(1) ‘‘Trafficking’’ in bare licenses is-sued pursuant to paragraph (a) of thissection is prohibited, except with re-spect to licenses obtained through acompetitive bidding procedure.

(2) The Commission will review a pro-posed transaction to determine if thecircumstances indicate trafficking inlicenses whenever applications (exceptthose involving pro forma assignmentor transfer of control) for consent toassignment of a license, or for transferof control of a licensee, involve facili-ties licensed pursuant to paragraph (a)of this section. At its discretion, theCommission may require the submis-sion of an affirmative, factual showing(supported by affidavits of a person orpersons with personal knowledge there-of) to demonstrate that no traffickinghas occurred.

(3) If a proposed transfer of radio fa-cilities is incidental to a sale of otherfacilities or merger of interests, anyshowing requested under paragraph(g)(2) of this section shall include anadditional exhibit which:


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47 CFR Ch. I (10–1–96 Edition)§ 25.150

(i) Discloses complete details as tothe sale of facilities or merger of inter-ests;

(ii) Segregates clearly by an itemizedaccounting, the amount of consider-ation involved in the sale of facilitiesor merger of interest; and

(iii) Demonstrates that the amountof consideration assignable to the fa-cilities or business interests involvedrepresents their fair market value atthe time of the transaction.

(h) Prohibition of certain agreements.No license shall be granted to any ap-plicant for a space station in the mo-bile satellite service operating at 1610–1626.5/2483.5–2500 MHz if that applicant,or any persons or companies control-ling or controlled by the applicant,shall acquire or enjoy any right, forthe purpose of handling traffic to orfrom the United States, its territoriesor possession, to construct or operatespace segment or earth stations, or tointerchange traffic, which is denied toany other United States company byreason of any concession, contract, un-derstanding, or working arrangementto which the Licensee or any personsor companies controlling or controlledby the Licensee are parties.


PROCESSING OF APPLICATIONS

§ 25.150 Receipt of applications.Applications received by the Com-

mission are given a file number and(domestic only) a unique station iden-tifier for administrative convenience.Neither the assignment of a file num-ber and/or other identifier nor the list-ing of the application on public noticeas received for filing indicates that theapplication has been found acceptablefor filing or precludes the subsequentreturn or dismissal of the application ifit is found to be defective or not in ac-cordance with the Commission’s rules.

§ 25.151 Public notice period.(a) At regular intervals, the Commis-

sion will issue public notices listing:(1) The receipt of applications for

new station authorizations;(2) The receipt of applications for li-

cense or registration of receive-onlyearth stations;

(3) The receipt of applications formajor modifications to station author-izations;

(4) The receipt of major amendmentsto pending applications;

(5) The receipt of applications to as-sign or transfer control of space sta-tion facilities, transmitting earth sta-tion facilities, or international receive-only earth station facilities;

(6) Significant Commission actionsregarding applications;

(7) Information which the Commis-sion in its discretion believes to be ofpublic significance; and

(8) Special environmental consider-ations as required by part 1 of thischapter.

(b) Special public notices may also beissued at other times under special cir-cumstances involving non-routine mat-ters where speed is of the essence andefficiency of Commission process willbe served thereby.

(c) A public notice will not normallybe issued for receipt of any of the fol-lowing applications:

(1) For authorization of a minor tech-nical change in the facilities of an au-thorized station;

(2) For temporary authorization pur-suant to § 25.119;

(3) For an authorization under any ofthe proviso clauses of section 308(a) ofthe Communications Act of 1934, asamended [47 U.S.C. 308(a)];

(4) For consent to an involuntary as-signment or transfer of control of atransmitting earth station authoriza-tion; or

(5) For consent to an assignment ortransfer of control of a space stationauthorization or a transmitting earthstation authorization, where the as-signment or transfer does not involve asubstantial change in ownership orcontrol; or

(6) For change in location of an earthstation operating in the 4/6 GHz and10.95–11.7 GHz bands by no more than 1′′in latitude and/or longitude and forchange in location of an earth stationoperating in the 12/14 GHz bands by nomore than 10′′ in latitude and/or lon-gitude.

(d) No application that has appearedon public notice will be granted untilthe expiration of a period of thirty


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days following the issuance of the pub-lic notice listing the application, orany major amendment thereto. Anycomments or petitions must be deliv-ered to the Commission by that date inaccordance with § 25.154.

[56 FR 24016, May 28, 1991, as amended at 58FR 68061, Dec. 23, 1993]

§ 25.152 Dismissal and return of appli-cations.

(a) Any application may be dismissedwithout prejudice as a matter of rightif the applicant requests its dismissalprior to final Commission action.

(b) The Commission will dismiss anapplication for failure to prosecute orfor failure to respond substantiallywithin a specified time period to offi-cial correspondence or requests for ad-ditional information. Dismissal will bewithout prejudice unless the applica-tion is mutually exclusive pursuant to§ 25.155, in which case it will be dis-missed with prejudice.

§ 25.153 Repetitious applications.(a) Where an application has been de-

nied or dismissed with prejudice, theCommission will not consider a like ap-plication involving service of the samekind to the same area by the same ap-plicant, or by its successor or assignee,or on behalf of or for the benefit of anyof the original parties in interest, untilafter the lapse of 12 months from theeffective date of the Commission’s ac-tion. The Commission may, for goodcause shown, waive the requirements ofthis section.

(b) Where an appeal has been takenfrom the action of the Commission de-nying a particular application, anotherapplication for the same class of sta-tion and for the same area, in whole orin part, filed by the same applicant orby his successor or assignee, or on be-half or for the benefit of the originalparties in interest, will not be consid-ered until the final disposition of theappeal.

§ 25.154 Opposition to applications andother pleadings.

(a) Petitions to deny, petitions forother forms of relief, and other objec-tions or comments must:

(1) Identify the application or appli-cations (including applicant’s name,

station location, Commission file num-bers, and radio service involved) withwhich it is concerned;

(2) Be filed within thirty (30) daysafter the date of public notice announc-ing the acceptance for filing of the ap-plication or major amendment thereto(unless the Commission otherwise ex-tends the filing deadline);

(3) Filed in accordance with thepleading limitations, periods and otherapplicable provisions of §§ 1.41 through1.52 of this chapter;

(4) Contain specific allegations offact (except for those of which officialnotice may be taken) to support thespecific relief requested, which shall besupported by affidavit of a person orpersons with personal knowledge there-of, and which shall be sufficient todemonstrate that the petitioner (or re-spondent) is a party of interest andthat a grant of, or other Commissionaction regarding, the application wouldbe prima facie inconsistent with thepublic interest; and

(5) Contain a certificate of serviceshowing that it has been mailed to theapplicant no later than the date thepleading is filed with the Commission.

(b) The Commission will classify asinformal objections:

(1) Any pleading not filed in accord-ance with paragraph (a) of this section;

(2) Any pleading to which the thirty(30) day public notice period of § 25.151does not apply; or

(3) Any objections to the grant of anapplication when the objections do notconform to either paragraph (a) of thissection or to other Commission rulesand requirements.

(c) Oppositions to petitions to denyan application or responses to com-ments and informal objections regard-ing an application may be filed within10 days after the petition, comment, orobjection is filed and must be in ac-cordance with other applicable provi-sions of §§ 1.41 through 1.52 of this chap-ter.

(d) Reply comments by the partythat filed the original petition may befiled with respect to pleadings filedpursuant to paragraph (c) of this sec-tion within 5 days after the time forfiling oppositions has expired unlessthe Commission otherwise extends the


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filing deadline and must be in accord-ance with other applicable provisionsof §§ 1.41 through 1.52 of this chapter.

§ 25.155 Mutually exclusive applica-tions.

(a) The Commission will consider ap-plications to be mutually exclusive iftheir conflicts are such that the grantof one application would effectivelypreclude by reason of harmful elec-trical interference, or other practicalreason, the grant of one or more otherapplications.

(b) An application will be entitled tocomparative consideration with one ormore conflicting applications only if:

(1) The application is mutually exclu-sive with another application; and

(2) The application is received by theCommission in a condition acceptablefor filing

(i) By the ‘‘cut-off’’ date specified ina public notice; or

(ii) If no ‘‘cut-off’’ date is specified,within 30 days after the date of thepublic notice listing the first of theconflicting applications as acceptablefor filing.

§ 25.156 Consideration of applications.

(a) Applications for a radio stationauthorization, or for modification orrenewal of an authorization, will begranted if, upon examination of the ap-plication, any pleadings or objectionsfiled, and upon consideration of suchother matters as it may officially no-tice, the Commission finds that the ap-plicant is legally, technically, and oth-erwise qualified, that the proposed fa-cilities and operations comply with allapplicable rules, regulations, and poli-cies, and that grant of the applicationwill serve the public interest, conven-ience and necessity.

(b) Whenever the Commission grantsany application in part, or subject toany terms or conditions other thanthose routinely applied to applicationsof the same type, the grant shall beconsidered final unless the Commissionshould revise its action (either bygranting the application as originallyrequested, or by designating the appli-cation for hearing) in response to a pe-tition for reconsideration which:

(1) Is filed by the applicant withinthirty (30) days from the release date ofthe conditioned grant; and

(2) Rejects the grant as made and ex-plains the reasons why the applicationshould be granted as originally re-quested.

(c) Reconsideration or review of anyfinal action taken by the Commissionwill be in accordance with subpart A ofpart 1 of this chapter.

FORFEITURE, TERMINATION, AND REIN-STATEMENT OF STATION AUTHORIZA-TION

§ 25.160 Administrative sanctions.(a) A forfeiture may be imposed for

failure to operate in conformance withthe Communications Act, license speci-fications, any conditions imposed on anauthorization, or any of the Commis-sion’s rules and regulations; or for fail-ure to comply with Commission re-quests for information needed to com-plete international coordination or forfailure to cooperate in Commission in-vestigations with respect to inter-national coordination.

(b) A forfeiture will be imposed andthe station license may be terminatedfor the malicious transmissions of anysignal that causes harmful interferencewith any other radio communicationsor signals.

(c) A station license may be revokedfor any repeated and willful violationof the kind set forth in paragraphs (a)and (b) of this section.

(d) The sanctions specified in para-graphs (a), (b), and (c) of this sectionwill be imposed only after the licenseehas been provided an opportunity to beheard pursuant to titles III and V ofthe Communications Act of 1934, asamended.

(e) For purposes of this section, theterm ‘‘repeated’’ and ‘‘willful’’ are de-fined as set out in section 312(f) of theCommunications Act, 47 U.S.C. 312(f).

§ 25.161 Automatic termination of sta-tion authorization.

A station authorization shall beautomatically terminated in whole orin part without further notice to the li-censee upon:

(a) The expiration of the requireddate of completion of construction or


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other required action specified in theauthorization, or after any additionaltime authorized by the Commission, ifa certification of completion of the re-quired action has not been filed withthe Commission unless a request for anextension of time has been filed withthe Commission but has not been actedon;

(b) The expiration of the license pe-riod, unless an application for renewalof the license has been filed with theCommission pursuant to § 25.120(e); or

(c) The removal or modification ofthe facilities which renders the stationnot operational for more than 90 days,unless specific authority is requested.

§ 25.162 Cause for termination of inter-ference protection.

The protection from interference af-forded by the registration of a receiv-ing earth station shall be automati-cally terminated if:

(a) The request for registration is notsubmitted to the Commission within 3months of the completion of the fre-quency coordination process, except asprovided for in § 25.203;

(b) The receiving earth station is notconstructed and placed into servicewithin 6 months after completion of co-ordination;

(c) The Commission finds that thestation has been used less than 50% ofthe time during any 12 month period;

(d) The Commission finds that thestation has been used for an unlawfulpurpose or otherwise in violation of theCommission’s rules, regulations orpolicies;

(e) The Commission finds that the ac-tual use of the facility is inconsistentwith what was set forth in the reg-istrant’s application; or

(f) The Commission finds that thefrequency coordination exhibit, uponwhich the granted registration isbased, is incomplete or does not con-form with established coordinationprocedures.

§ 25.163 Reinstatement.(a) A station authorization termi-

nated in whole or in part under theprovisions of § 25.161 may be reinstatedif the Commission, in its discretion, de-termines that reinstatement wouldbest serve the public interest, conven-

ience and necessity. Petitions for rein-statement will be considered only if:

(1) The petition is filed within 30 daysafter the expiration date set forth in§ 25.161(a) or § 25.161(b), whichever is ap-plicable;

(2) The petition explains the failureto file a timely notification or renewalapplication; and

(3) The petition sets forth with speci-ficity the procedures which have beenestablished to insure timely filings inthe future.

(b) A special temporary authoriza-tion shall automatically terminateupon the expiration date specifiedtherein, or upon failure of the granteeto comply with any special terms orconditions set forth in the authoriza-tion. Temporary operation may be ex-tended beyond the termination dateonly upon application to the Commis-sion.

Subpart C—Technical Standards

SOURCE: 30 FR 7176, May 28, 1965, as amend-ed at 36 FR 2562, Feb. 6, 1971, unless other-wise noted.

§ 25.201 Definitions.Active satellite. An earth satellite car-

rying a station intended to transmit orre-transmit radiocommunication sig-nals.

Base Earth Station. An earth stationin the fixed-satellite service or, insome cases, in the land mobile-satelliteservice, located at a specified fixedpoint or within a specified area on landto provide a feeder link for the landmobile-satellite service. (RR)

Coordination distance. For the pur-poses of this part, the expression ‘‘co-ordination distance’’ means the dis-tance from an earth station, withinwhich there is a possibility of the useof a given transmitting frequency atthis earth station causing harmful in-terference to stations in the fixed ormobile service, sharing the same band,or of the use of a given frequency forreception at this earth station receiv-ing harmful interference from such sta-tions in the fixed or mobile service.

Earth station. A station located eitheron the Earth’s surface or within themajor portion of the Earth’s atmos-phere intended for communication:


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(a) With one or more space stations;or

(b) With one or more stations of thesame kind by means of one or more re-flecting satellites or other objects inspace.

Fixed earth station. An earth stationintended to be used at a specified fixedpoint.

Fixed-Satellite Service. Aradiocommunication service betweenearth stations at given positions, whenone or more satellites are used; thegiven position may be a specified fixedpoint or any fixed point within speci-fied areas; in some cases this serviceincludes satellite-to-satellite links,which may also be operated in theinter-satellite service; the fixed-sat-ellite service may also include feederlinks of other spaceradiocommunication services. (RR)

Geostationary satellite. A geosynchro-nous satellite whose circular and directorbit lies in the plane of the Earth’sequator and which thus remains fixedrelative to the Earth; by extension, asatellite which remains approximatelyfixed relative to the Earth.

Inter-Satellite Service. Aradiocommunication service providinglinks between artificial earth sat-ellites.

Land Earth Station. An earth stationin the fixed-satellite service or, insome cases, in the mobile-satelliteservice, located at a specified fixedpoint or within a specified area on landto provide a feeder link for the mobile-satellite service. (RR)

Land Mobile Earth Station. A mobileearth station in the land mobile-sat-ellite service capable of surface move-ment within the geographical limits ofa country or continent. (RR)

Mobile earth station. An earth stationintended to be used while in motion orduring halts at unspecified points.

Mobile-Satellite Service. Aradiocommunication service:

(1) Between mobile earth stationsand one or more space stations, or be-tween space stations used by this serv-ice; or

(2) Between mobile earth stations, bymeans of one or more space stations.

This service may also include feederlinks necessary for its operation. (RR)

Non-Voice, Non-Geostationary Mobile-Satellite Service. A mobile-satellite serv-ice reserved for use by non-geo-stationary satellites in the provision ofnon-voice communications which mayinclude satellite links between landearth stations at fixed locations.

1.6/2.4 GHz Mobile-Satellite Service. Amobile-satellite service that operatesin the 1610–1626.5 MHz and 2483.5–2500MHz frequency bands, or in any portionthereof.

Passive satellite. An earth satellite in-tended to transmit radio communica-tion signals by reflection.

Radiodetermination-Satellite Service. Aradiocommunication service for thepurpose of radiodetermination involv-ing the use of one of more space sta-tions. This service may also includefeeder links necessary for its own oper-ation. (RR)

Satellite system. A space system usingone or more artificial earth satellites.

Spacecraft. A man-made vehiclewhich is intended to go beyond themajor portion of the Earth’s atmos-phere.

Space operation service. Aradiocommunication service concernedexclusively with the operation ofspacecraft, in particular space track-ing, space telemetry and space tele-command. These functions will nor-mally be provided within the service inwhich the space station is operating.

Space radiocommunication. Anyradiocommunication involving the useof one or more space stations or theuse of one or more reflecting satellitesor other objects in space.

Space station. A station located on anobject which is beyond, is intended togo beyond, or has been beyond, themajor portion of the Earth’s atmos-phere.

Space system. Any group of cooperat-ing earth stations and/or space stationsemploying space radiocommunicationfor specific purposes.

Space telecommand. The use ofradiocommunication for the trans-mission of signals to a space station toinitiate, modify or terminate functionof the equipment on a space object, in-cluding the space station.

Space telemetering. The use of tele-metering for the transmission from a


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space station of results of measure-ments made in a spacecraft, includingthose relating to the functioning of thespacecraft.

Space tracking. Determination of theorbit, velocity or instantaneous posi-tion of an object in space by means ofradiodetermination, excluding primaryradar, for the purpose of following themovement of the object.

Terrestrial radiocommunication. Anyradiocommunication other than spaceradiocommunication or radio astron-omy.

Terrestrial station. A station effectingterrestrial radiocommunication.

[30 FR 7176, May 28, 1965, as amended at 36FR 2562, Feb. 6, 1971; 48 FR 40254, Sept. 6,1983; 51 FR 18445, May 20, 1986; 54 FR 49993,Dec. 4, 1989; 56 FR 42706, Aug. 29, 1991; 58 FR68059, Dec. 23, 1993; 59 FR 53329, Oct. 21, 1994]

§ 25.202 Frequencies, frequency toler-ance and emission limitations.

(a)(1) Frequency bands. The followingfrequencies are available for use by thefixed-satellite service. Precise fre-quencies and bandwidths of emissionwill be assigned on a case-by-casebasis.

Space-to-Earth Earth-to-space

3700–4200 MHz11 5925–6425 MHz.11

10.95–11.2 GHz22 14.0–14.5 GHz.33

11.45–11.7 GHz22 27.5–29.5 GHz.11

11.7–12.2 GHz 29.5–30.0 GHz.17.7–19.7 GHz1

19.7–20.0 GHz

1 This band is shared coequally with terrestrialradiocommunication services.

2 Use of this band by the fixed-satellite service is limited tointernational systems, i.e. other than domestic systems. Thesebands are also shared on a co-equal basis with terrestrialradiocommunication services.

3 The band 14.0–14.3 GHz is shared coequally with theradionavigation service, and the band 14.4–14.5 GHz isshared with Government terrestrial radiocommunication serv-ices in accordance with the provisions of footnote US234 inthe Table of Frequency Allocations.

(2) The following frequencies areavailable for use by the Radio-determination Satellite Service:

1610–1626.5 MHz: User-to-Satellite Link2483.5–2500 MHz: Satellite-to-User Link

Fixed-Satellite service frequencies maybe used for links between radio-determination satellites and controlcenters, including the following des-ignated bands, subject to the Rules inthis subpart:

5150–5216 MHz: Satellite-to-Control CenterLink

6525–6541.5 MHz: Control Center-to-SatelliteLink

(3) The following frequencies areavailable for use by the non-voice, non-geostationary mobile-satellite service:

137–138 MHz: space-to-Earth148–149.9 MHz: Earth-to-space149.9–150.05 MHz: Earth-to-space399.9–400.05 MHz: Earth-to-space400.15–401 MHz: space-to-Earth

Until January 1, 1997, the allocations in the149.9–150.05 MHz and 399.9–400.05 MHz bandsmay be used on a secondary basis only. Sincethe 399.9–400.05 MHz band is not allocatedinternationally to the mobile-satellite serv-ice, all operations outside the United Stateswill be on a non-interference basis only.

(4) The following frequencies areavailable for use by the 1.6/2.4 GHz Mo-bile-Satellite Service:1610–1626.5 MHz: User-to-Satellite Link1613.8–1626.5 MHz: Satellite-to-User

Link (secondary)2483.5–2500 MHz: Satellite-to-User Link

(5) The following frequencies areavailable for use by the inter-satelliteservice:22.55–23.00 GHz23.00–23.55 GHz24.45–24.65 GHz24.65–24.75 GHz

(b) Other frequencies and associatedbandwidths of emission may be as-signed on a case-by-case basis to spacesystems under this part in conform-ance with § 2.106 of this chapter and theCommission’s rules and policies.

(c) Orbital locations assigned tospace stations licensed under this partby the commission are subject tochange by summary order of the Com-mission on 30 days notice. An author-ization to construct and/or to launch aspace station becomes null and void ifthe construction is not begun or is notcompleted, or if the space station isnot launched and positioned at its as-signed orbital location and operationscommenced in accordance with the sta-tion authorization, by the respectivedate(s) specified in the authorization.Frequencies and orbital location as-signments are subject to the policiesset forth in the Report and Order, FCC83–184, adopted April 27, 1983 in CCDocket No. 81–704 and the Report andOrder, adopted July 25, 1985 in CC


316

47 CFR Ch. I (10–1–96 Edition)§ 25.203

Docket No. 84–1299 as modified by theReport and Order, adopted January 19,1996 in IB Docket No. 95–41.

(d) Frequency tolerance, Earth stations.The carrier frequency of each earthstation transmitter authorized in theseservices shall be maintained within0.001 percent of the reference fre-quency.

(e) Frequency tolerance, space stations.The carrier frequency of each spacestation transmitter authorized in theseservices shall be maintained within0.002 percent of the reference fre-quency.

(f) Emission limitations. The meanpower of emissions shall be attenuatedbelow the mean output power of thetransmitter in accordance with the fol-lowing schedule:

(1) In any 4 kHz band, the center fre-quency of which is removed from theassigned frequency by more than 50percent up to and including 100 percentof the authorized bandwidth: 25 dB;

(2) In any 4 kHz band, the center fre-quency of which is removed from theassigned frequency by more than 100percent up to and including 250 percentof the authorized bandwidth: 35 dB;

(3) In any 4 kHz band, the center fre-quency of which is removed from theassigned frequency by more than 250percent of the authorized bandwidth:An amount equal to 43 dB plus 10 timesthe logarithm (to the base 10) of thetransmitter power in watts;

(4) In any event, when an emissionoutside of the authorized bandwidthcauses harmful interference, the Com-mission may, at its discretion, requiregreater attenuation than specified inparagraphs (f) (1), (2) and (3) of this sec-tion.

(g) Telemetry, tracking and tele-command functions for U.S. domesticsatellites shall be conducted at eitheror both edges of the allocated band(s).Frequencies, polarization and codingshall be selected to minimize inter-

ference into other satellite networksand within their own satellite system.

[30 FR 7176, May 28, 1965, as amended at 36FR 2562, Feb. 6, 1971; 38 FR 8573, Apr. 4, 1973;39 FR 33527, Sept. 18, 1974; 48 FR 40254, Sept.6, 1983; 50 FR 36079, Sept. 5, 1985; 51 FR 18445,May 20, 1986; 51 FR 20975, June 10, 1986; 54 FR49993, Dec. 4, 1989; 56 FR 24024, May 28, 1991;58 FR 13419, Mar. 11, 1993; 58 FR 68061, Dec. 23,1993; 59 FR 53329, Oct. 21, 1994; 61 FR 9952,Mar. 12, 1996]

§ 25.203 Choice of sites and fre-quencies.

(a) Sites and frequencies for earthstations, operating in frequency bandsshared with equal rights between ter-restrial and space services, shall be se-lected, to the extent practicable, inareas where the surrounding terrainand existing frequency usage are suchas to minimize the possibility of harm-ful interference between the sharingservices.

(b) An applicant for an earth stationauthorization in a frequency bandshared with equal rights with terres-trial microwave services shall computethe great circle coordination distancecontour(s) for the proposed station inaccordance with the procedures setforth in § § 25.251 through 25.253 and therain scatter coordination distance con-tour(s) for the proposed station in ac-cordance with the procedures set forthin § 25.254. The applicant shall submitwith the application a map or mapsdrawn to appropriate scale and in aform suitable for reproduction indicat-ing the location of the proposed stationand these contours. These maps, to-gether with the pertinent data onwhich the computation of these con-tours is based, including all relevanttransmitting and/or receiving param-eters of the proposed station thatmight be useful in assessing the likeli-hood of interference, an appropriatelyscaled plot of the elevation of the localhorizon as a function of azimuth, andthe electrical characteristics of the


317


earth station antenna(s), shall be sub-mitted by the applicant in a single ex-hibit to the application. The coordina-tion distance contour plot(s), horizonelevation plot, and antenna horizongain plot(s) required by this sectionmay also be submitted in tabular nu-merical format at 5° azimuthal incre-ments instead of graphical format. At aminimum, this exhibit shall includethe information listed in paragraph(c)(2) of this section. An earth stationapplicant shall also include in the ap-plication relevant technical details(both theoretical calculations and/oractual measurements) of any specialtechniques, such as the use of artificialsite shielding, or operating proceduresor restrictions at the proposed earthstation which are to be employed to re-duce the likelihood of interference, orof any particular characteristics of theearth station site which could have aneffect on the calculation of the coordi-nation distance.

(c) Prior to the filing of his applica-tion, an earth station applicant shallcoordinate the proposed frequencyusage with existing terrestrial usersand with applicants for terrestrial sta-tion authorizations with previouslyfiled applications in accordance withthe following procedure:

(1) An applicant for an earth stationauthorization shall perform an inter-ference analysis in accordance with theprocedures set forth in § 25.255 for eachterrestrial station, for which a licenseor construction permit has been grant-ed or for which an application has beenaccepted for filing, which is or is to beoperated in a shared frequency band tobe used by the proposed earth stationand which is located within the greatcircle coordination distance contour(s)of the proposed earth station.

(2) The earth station applicant shallprovide each such terrestrial station li-censee, permittee, and prior filed appli-cant with the technical details of theproposed earth station and the relevantinterference analyses that were made.At a minimum, the earth station appli-cant shall provide the terrestrial userwith the following technical informa-tion:

(i) The geographical coordinates ofthe proposed earth station antenna(s),

(ii) Proposed operating frequencyband(s) and emission(s),

(iii) Antenna center height aboveground and ground elevation abovemean sea level,

(iv) Antenna gain pattern(s) in theplane of the main beam,

(v) Longitude range of geostationarysatellites at which antenna may bepointed,

(vi) Horizon elevation plot,(vii) Antenna horizon gain plot(s) de-

termined in accordance with § 25.253(b)for satellite longitude range specifiedin paragraph (c)(2)(v) of this section,taking into account the provisions of§ 25.253(a)(2) for earth stations operat-ing with non-geostationary satellites.

(viii) Minimum elevation angle,(ix) Maximum effective isotropically

radiated power (EIRP) in any 4 kHzband in the main beam, (dBW/4 kHz),

(x) Maximum available RF transmitpower in any 1 MHz band and in any 4kHz band at the input terminals of theantenna(s),

(xi) Maximum permissible RF inter-ference power level as determined inaccordance with § 25.252 for all applica-ble percentages of time, and

(xii) A plot of great circle coordina-tion distance contour(s) and rain scat-ter coordination distance contour(s) asdetermined by §§ 25.253 and 25.254.

(3) The coordination procedure speci-fied in § 21.100(d) of this chapter shallbe applicable except that the informa-tion to be provided shall be that setforth in paragraph (c)(2) of this section,and that the 30-day period allowed forresponse to a request for coordinationmay be increased to a maximum of 45days by mutual consent of the parties.

(4) Where technical problems are re-solved by an agreement or operatingarrangement between the parties thatwould require special procedures betaken to reduce the likelihood of harm-ful interference (such as the use of arti-ficial site shielding) or would result inlessened quality or capacity of eithersystem, the details thereof shall becontained in the application.

(5) The Commission may, in thecourse of examining any application,require the submission of additionalshowings, complete with pertinent dataand calculations in accordance with§ § 251.251 through 25.256, showing that


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47 CFR Ch. I (10–1–96 Edition)§ 25.203

harmful interference is not likely toresult from the proposed operation.

(d) An applicant for an earth stationauthorization shall also ascertainwhether the great circle coordinationdistance contours and rain scatter co-ordination distance contours, com-puted for those values of parametersindicated in table 1 of § 25.252 for inter-national coordination, cross the bound-aries of another administration. In thiscase, the applicant shall furnish theCommission copies of these contourson maps drawn to appropriate scale foruse by the Commission in effecting co-ordination of the proposed earth sta-tion with the administration(s) af-fected.

(e) Protection for Table MountainRadio Receiving Zone, Boulder County,Colorado.

(1) Applicants for a station author-ization to operate in the vicinity ofBoulder County, Colorado under thispart are advised to give due consider-ation, prior to filing applications, tothe need to protect the Table MountainRadio Receiving Zone from harmful in-terference. These are the research lab-oratories of the Department of Com-merce, Boulder County, Colorado. Toprevent degradation of the present am-bient radio signal level at the site, theDepartment of Commerce seeks to en-sure that the field strengths of any ra-diated signals (excluding reflected sig-nals) received on this 1800 acre site (inthe vicinity of coordinates 40° 07′ 50′′NLatitude, 105° 14′ 40′′W Longitude) re-sulting from new assignments (otherthan mobile stations) or from themodification or relocation of existingfacilities do not exceed the followingvalues:

Frequency range

In authorized bandwidthof service

Fieldstrength(mV/m)

Power fluxdensity1

(dBW/m2)

Below 540 kHz .......................... 10 ¥65.8540 to 1600 kHz ........................ 20 ¥59.81.6 to 470 MHz .......................... 10 2¥65.8470 to 890 MHz ......................... 30 2¥56.2Above 890 MHz ......................... 1 2¥85.8

1 Equivalent values of power flux density are calculated as-suming free space characteristic impedance of 376.7=120πohms.

2 Space stations shall conform to the power flux density lim-its at the earth’s surface specified in appropriate parts of theFCC rules, but in no case should exceed the above levels inany 4 kHz band for all angles of arrival.

(2) Advance consultation is rec-ommended particularly for those appli-cants who have no reliable data whichindicates whether the field strength orpower flux density figures in the abovetable would be exceeded by their pro-posed radio facilities (except mobilestations). In such instances, the follow-ing is a suggested guide for determin-ing whether coordination is rec-ommended:

(i) All stations within 2.5 kilometers;(ii) Stations within 5 kilometers with

50 watts or more average effective radi-ated power (ERP) in the primary planeof polarization in the azimuthal direc-tion of the Table Mountain Radio Re-ceiving Zone;

(iii) Stations within 15 kilometerswith 1 kW or more average ERP in theprimary plane of polarization in the az-imuthal direction of Table MountainReceiving Zone;

(iv) Stations within 80 kilometerswith 25 kW or more average ERP in theprimary plane of polarization in the az-imuthal direction of Table MountainReceiving Zone.

(3) Applicants concerned are urged tocommunicate with the Radio Fre-quency Management Coordinator, De-partment of Commerce, Research Sup-port Services, NOAA R/E5X2, BoulderLaboratories, Boulder, CO 80303; tele-phone (303) 497–6548, in advance of filingtheir applications with the Commis-sion.

(4) The Commission will not screenapplications to determine whether ad-vance consultation has taken place.However, applicants are advised thatsuch consultation can avoid objectionsfrom the Department of Commerce orproceedings to modify any authoriza-tion which may be granted which, infact, delivers a signal at the site in ex-cess of the field strength specifiedherein.

(f) Notification to the National RadioAstronomy Observatory: In order tominimize possible harmful interferenceat the National Radio Astronomy Ob-servatory site located at Green Bank,Pocahontas County, W. Va., and at theNaval Radio Research Observatory siteat Sugar Grove, Pendleton County, W.Va. any applicant for a station author-ization other than mobile, temporarybase, temporary fixed, Personal Radio,


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Civil Air Patrol, or amateur seeking astation license for a new station, a con-struction permit to construct a newstation or to modify an existing sta-tion license in a manner which wouldchange either the frequency, power, an-tenna height or directivity, or locationof such a station within the areabounded by 39°15′ N. on the north, 78°30′W. on the east, 37°30′ N. on the southand 80°30′ W. on the west shall, at thetime of filing such application with theCommission, simultaneously notify theDirector, National Radio AstronomyObservatory, P.O. Box No. 2, GreenBank, W. Va. 24944, in writing, of thetechnical particulars of the proposedstation. Such notification shall includethe geographical coordinates of the an-tenna, antenna height, antenna direc-tivity if any, proposed frequency, typeof emission, and power. In addition, theapplicant shall indicate in his applica-tion to the Commission the date notifi-cation was made to the observatory.After receipt of such applications, theCommission will allow a period of 20days for comments or objections in re-sponse to the notifications indicated. Ifan objection to the proposed operationis received during the 20-day periodfrom the National Radio AstronomyObservatory for itself or on behalf ofthe Naval Radio Research Observatory,the Commission will consider all as-pects of the problem and take whateveraction is deemed appropriate.

(g) Protection for Federal Commu-nications Commission monitoring sta-tions:

(1) Applicants in the vicinity of anFCC monitoring station for a radio sta-tion authorization to operate newtransmitting facilities or changedtransmitting facilities which would in-crease the field strength produced overthe monitoring station over that pre-viously authorized are advised to giveconsideration, prior to filing applica-tions, to the possible need to protectthe FCC stations from harmful inter-ference. Geographical coordinates ofthe facilities which require protectionare listed in § 0.121(c) of the Commis-sion’s Rules. Applications for stations(except mobile stations) which willproduce on any frequency a direct wavefundamental field strength of greaterthan 10 mV/m in the authorized band-

width of service (¥65.8 dBW/m2 powerflux density assuming a free spacecharacteristic impedance of 120 ohms)at the referenced coordinates, may beexamined to determine extent of pos-sible interference. Depending on thetheoretical field strength value and ex-isting root-sum-square or other ambi-ent radio field signal levels at the indi-cated coordinates, a clause protectingthe monitoring station may be addedto the station authorization.

(2) In the event that calculated valueof expected field exceeds 10 mV/m(¥65.8 dBW/m2) at the reference coordi-nates, or if there is any questionwhether field strength levels might ex-ceed the threshold value, advance con-sultation with the FCC to discuss anyprotection necessary should be consid-ered. Prospective applicants may com-municate with: Chief, Compliance andInformation Bureau, Federal Commu-nications Commission, Washington, DC20554, Telephone (202) 632–6980.

(3) Advance consultation is suggestedparticularly for those applicants whohave no reliable data which indicateswhether the field strength or powerflux density figure indicated would beexceeded by their proposed radio facili-ties (except mobile stations). In suchinstances, the following is a suggestedguide for determining whether an ap-plicant should coordinate:

(i) All stations within 2.5 kilometers;(ii) Stations within 5 kilometers with

50 watts or more average effective radi-ated power (ERP) in the primary planeof polarization in the azimuthal direc-tion of the Monitoring Station;

(iii) Stations within 15 kilometerswith 1 kW or more average ERP in theprimary plane of polarization in the az-imuthal direction of the MonitoringStation;

(iv) Stations within 80 kilometerswith 25 kW or more average ERP in theprimary plane of polarization in the az-imuthal direction of the MonitoringStation.

(4) Advance coordination for stationsoperating above 1000 MHz is rec-ommended only where the proposedstation is in the vicinity of a monitor-ing station designated as a satellitemonitoring facility in § 0.121(c) of theCommission’s Rules and also meets the


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47 CFR Ch. I (10–1–96 Edition)§ 25.204

criteria outlined in paragraphs (h)(2)and (3) of this section.

(5) The Commission will not screenapplications to determine whether ad-vance consultation has taken place.However, applicants are advised thatsuch consultation can avoid objectionsfrom the Federal CommunicationsCommission or modification of any au-thorization which will cause harmfulinterference.

(h) Sites and frequencies for GSO andNGSO earth stations, operating in afrequency band where both have a co-primary allocation, shall be selected toavoid earth station antenna mainlobe-to-satellite antenna mainlobe coupling,between NGSO systems and betweenNGSO and GSO systems, in order tominimize the possibility of harmful in-terference between these services.Prior to filing an earth station applica-tion, in bands with co-primary alloca-tions to NGSO and GSO earth stations,the applicant shall coordinate the pro-posed site and frequency usage with ex-isting earth station licensees and withcurrent earth station authorization ap-plicants.

(i) [Reserved](j) Applicants for non-geostationary

1.6/2.4 GHz Mobile-Satellite Service/Radiodetermination satellite servicefeeder links in the bands 17.7–20.2 GHzand 27.5–30.0 GHz shall indicate the fre-quencies and spacecraft antenna gaincontours towards each feeder-linkearth station location and will coordi-nate with licensees of other fixed-sat-ellite service and terrestrial-servicesystems sharing the band to determinegeographic protection areas aroundeach non-geostationary mobile-sat-ellite service/radiodetermination sat-ellite service feeder-link earth station.

(k) An applicant for an earth stationthat will operate with a geostationarysatellite or non-geostationary satellitein a shared frequency band in whichthe non-geostationary system is (or isproposed to be) licensed for feederlinks, shall demonstrate in its applica-tions that its proposed earth stationwill not cause unacceptable inter-ference to any other satellite networkthat is authorized to operate in thesame frequency band, or certify thatthe operations of its earth station shallconform to established coordination

agreements between the operator(s) ofthe space station(s) with which theearth station is to communicate andthe operator(s) of any other space sta-tion licensed to use the band.

[30 FR 7176, May 28, 1965, as amended at 36FR 2562, Feb. 6, 1971; 38 FR 8573, Apr. 4, 1973;42 FR 8329, Feb. 9, 1977; 44 FR 77167, Dec. 31,1979; 50 FR 40862, Oct. 7, 1985; 58 FR 13419,Mar. 11, 1993; 58 FR 44904, Aug. 25, 1993; 59 FR53329, Oct. 21, 1994; 61 FR 8477, Mar. 5, 1996; 61FR 9945, Mar. 12, 1996; 61 FR 44181, Aug. 28,1996]

EFFECTIVE DATE NOTE: At 61 FR 44181, Aug.28, 1996, § 25.203 was amended by adding para-graph (h), effective Oct. 28, 1996.

§ 25.204 Power limits.(a) In bands shared coequally with

terrestrial radio communication serv-ices, the equivalent isotropically radi-ated power transmitted in any direc-tion towards the horizon by an earthstation operating in frequency bandsbetween 1 and 15 GHz, shall not exceedthe following limits except as providedfor in paragraph (c) of this section:+40 dBW in any 4 KHz band for θ™0°+40+3 θ dBW in any 4 KHz band for θ<0°™05°where θ is the angle of elevation of thehorizon viewed from the center of radi-ation of the antenna of the earth sta-tion and measured in degrees as posi-tive above the horizontal plane andnegative below it.

(b) In bands shared coequally withterrestrial radio-communication serv-ices, the equivalent isotropically radi-ated power transmitted in any direc-tion towards the horizon by an earthstation operating in frequency bandsabove 15 GHz shall not exceed the fol-lowing limits except as provided for inparagraph (c) of this section:

+64 dBW in any 1 MHz band for θ<0°+64+3 θ dBW in any 1 MHz band for 0°<θ<5°where θ is as defined in paragraph (a) ofthis section.

(c) For angles of elevation of the ho-rizon greater than 5° there shall be norestriction as to the equivalentisotropically radiated power transmit-ted by an earth station towards the ho-rizon.

(d) Notwithstanding the e.i.r.p. ande.i.r.p. density limits specified in thestation authorization, each earth sta-tion transmission shall be conducted atthe lowest power level that will provide


321


the required signal quality as indicatedin the application and further amendedby coordination agreements.

(e) For operations at frequenciesabove 10 GHz, earth station operatorsmay exceed the uplink e.i.r.p. ande.i.r.p. density limits specified in thestation authorization under the condi-tions of uplink fading due to precipita-tion by an amount not to exceed 1 dBabove the actual amount of monitoredexcess attenuation over clear sky prop-agation conditions. The e.i.r.p. levelsshall be returned to normal as soon asthe attenuating weather pattern sub-sides. The maximum power level forpower control purposes shall be coordi-nated between and among adjacent sat-ellite operators.

[48 FR 40255, Sept. 6, 1983, as amended at 58FR 13420, Mar. 11, 1993]

§ 25.205 Minimum angle of antennaelevation.

Earth station antennas shall not nor-mally be authorized for transmissionat angles less than 5° measured fromthe horizontal plane to the direction ofmaximum radiation. However, upon ashowing that the transmission pathwill be seaward and away from landmasses or upon special showing of needfor lower angles by the applicant, theCommission will consider authorizingtransmissions at angles between 3° and5° in the pertinent directions. In cer-tain instances, it may be necessary tospecify minimum angles greater than5° because of interference consider-ations.

[48 FR 40255, Sept. 6, 1983]

§ 25.206 Station identification.The requirement for transmission of

station identification is waived for allradio stations licensed under this partwith the exception of satellite uplinkscarrying broadband video informationwhich are required to incorporate ATISin accordance with the provisions setforth under § 25.308 of these rules.

[55 FR 21551, May 25, 1990]

§ 25.207 Cessation of emissions.Space stations shall be made capable

of ceasing radio emissions by the use ofappropriate devices (battery life, tim-ing devices, ground command, etc.)

that will ensure definite cessation ofemissions.

§ 25.208 Power flux density limits.

(a) In the band 3700–4200 MHz, thepower flux density at the Earth’s sur-face produced by emissions from aspace station for all conditions and forall methods of modulation shall not ex-ceed the following values:

¥152 dB(W/m2) in any 4 kHz band for anglesof arrival between 0 and 5 degrees abovethe horizontal plane;

¥152+(δ¥5)/2 dB(W/m2) in any 4 kHz band forangles of arrival δ (in degrees) between 5and 25 degrees above the horizontal plane;and

¥142 dB(W/m2) in any 4 kHz band for anglesof arrival between 25 and 90 degrees abovethe horizontal plane

These limits relate to the power fluxdensity which would be obtained underassumed free-space propagation condi-tions.

(b) In the bands 10.95–11.2 and 11.45–11.7 GHz, the power flux density at theEarth’s surface produced by emissionsfrom a space station for all conditionsand for all methods of modulation shallnot exceed the following values:

¥150 dB(W/m2) in any 4 kHz band for anglesof arrival between 0 and 5 degrees abovethe horizontal plane;

¥150+(δ¥5)/2 dB(W/m2) in any 4 kHz band forangles of arrival δ (in degrees) between 5and 25 degrees above the horizontal plane;and

¥140 dB(W/m2) in any 4 kHz band for anglesof arrival between 25 and 90 degrees abovethe horizontal plane

These limits relate to the power fluxdensity which would be obtained underassumed free-space propagation condi-tions.

(c) In the 17.7–19.7 GHz, 22.55–23.00GHz, 23.00–23.55 GHz, and 24.45–24.75GHz frequency bands, the power fluxdensity at the Earth’s surface producedby emissions from a space station forall conditions and for all methods ofmodulation shall not exceed the follow-ing values:

(1) 115 dB (W/m2) in any 1 MHz bandfor angles of arrival between 0 and 5 de-grees above the horizontal plane.

(2) 115+0.5 (d–5) dB (W/m2) in any 1MHz band for angles of arrival d (in de-grees) between 5 and 25 degrees abovethe horizontal plane.


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47 CFR Ch. I (10–1–96 Edition)§ 25.209

(3) 105 dB (W/m2) in any 1 MHz bandfor angles of arrival between 25 and 90degrees above the horizontal plane.

[48 FR 40255, Sept. 6, 1983, as amended at 52FR 45636, Dec. 1, 1987; 59 FR 53329, Oct. 21,1994]

§ 25.209 Antenna performance stand-ards.

(a) The gain of any antenna to be em-ployed in transmission from an earthstation in the fixed-satellite serviceshall lie below the envelope definedbelow:

(1) In the plane of the geostationarysatellite orbit as it appears at the par-ticular earth station location:29–25 log10 (Theta)

dBi1° </= Theta </=7°

+8 dBi 7° < Theta </=9.2°32–25 log10 (Theta)

dBi9.2° < Theta </=48°

¥10 dBi 48° < Theta </=180°

where Theta is the angle in degreesfrom the axis of the main lobe, and dBirefers to dB relative to an isotropic ra-diator. For the purposes of this section,the peak gain of an individual sidelobemay not exceed the envelope definedabove for Theta between 1.0 and 7.0 de-grees. For Theta greater than 7.0 de-grees, the envelope may be exceeded byno more than 10% of the sidelobes, pro-vided no individual sidelobe exceedsthe gain envelope given above by morethan 3 dB.

(2) In all other directions, or in theplane of the horizon including any out-of-plane potential terrestrial inter-ference paths:

Outside the main beam, the gain ofthe antenna shall lie below the enve-lope defined by:32–25 log10 (Theta)

dBi1° </= Theta </=48°

¥10 dBi 48° < Theta </=180°

where Theta and dBi are defined above.For the purposes of this section, theenvelope may be exceeded by no morethan 10% of the sidelobes provided noindividual sidelobe exceeds the gain en-velope given above by more than 6 dB.The region of the main reflector spill-over energy is to be interpreted as a

single lobe and shall not exceed the en-velope by more than 6 dB.

(b) The off-axis cross-polarizationgain of any antenna to be employed intransmission from an earth station toa space station in the domestic fixed-satellite service shall be defined by:19–25 log10 (Theta)

dBi1.8° < Theta </= 7°

¥2 dBi 7 °<Theta </= 9.2°

(c) Earth station antennas licensedfor reception of radio transmissionsfrom a space station in the fixed-sat-ellite service are protected from radiointerference caused by other space sta-tions only to the degree to whichharmful interference would not be ex-pected to be caused to an earth stationemploying an antenna conforming tothe referenced patterns defined in para-graphs (a) and (b) of this section, andprotected from radio interferencecaused by terrestrial radio transmit-ters identified by the frequency coordi-nation process only to the degree towhich harmful interference would notbe expected to be caused to an earthstation conforming to the referencepattern defined in paragraph (a)(2) ofthis section.

(d) The patterns specified in para-graphs (a) and (b) of this section shallapply to all new earth station antennasinitially authorized after February 15,1985 and shall apply to all earth stationantennas after March 11, 1994.

(e) The operations of any earth sta-tion with an antenna not conformingto the standards of paragraphs (a) and(b) of this section shall impose no limi-tations upon the operation, location ordesign of any terrestrial station, anyother earth station, or any space sta-tion beyond those limitations thatwould be expected to be imposed by anearth station employing an antennaconforming to the reference patternsdefined in paragraphs (a) and (b) of thissection.

(f) An earth station with an antennanot conforming to the standards ofparagraphs (a) and (b) of this sectionwill be routinely authorized after Feb-ruary 15, 1985 upon a finding by theCommission that unacceptable levelsof interference will not be caused underconditions of uniform 2° orbital


323


spacings. An earth station antenna ini-tially authorized on or before Feburary15, 1985 will be authorized by the Com-mission to continue to operate as longas such operations are found not tocause any unacceptable levels of adja-cent satellite interference. In eithercase, the Commission will impose ap-propriate terms and conditions in itsauthorization of such facilities and op-erations.

(g) The antenna performance stand-ards of small antennas operating in the12/14 GHz band with diameters as smallas 1.2 meters starts at 1.25° instead of 1°as stipulated in paragraph (a) of thissection.

[48 FR 40255, Sept. 6, 1983, as amended at 50FR 2675, Jan. 18, 1985; 50 FR 39004, Sept. 26,1985; 58 FR 13420, Mar. 11, 1993]

§ 25.210 Technical requirements forspace stations in the Fixed-SatelliteService.

(a) All space stations in the Fixed-Satellite Service used for domesticservice in the 4/6 GHz frequency bandshall:

(1) Use orthogonal linear polarizationwith one of the planes defined by theequatorial plane;

(2) Be designed so that the polariza-tion sense of uplink transmissions isopposite to that of downlink trans-missions on the same transponder; and

(3) Shall be capable of switching po-larization sense upon ground command.

(b) All space stations in the Fixed-Satellite Service shall have a mini-mum capability to change transpondersaturation flux densities by groundcommand in 4 dB steps over a range of12 dB.

(c) All space stations in the Fixed-Satellite Service shall be designed toderive the maximum capacity feasiblefrom the assigned orbital location. Inparticular, space stations in the Fixed-Satellite Service are required to em-ploy state-of-the-art full frequency re-use using both horizontal and verticalpolarization.

(d) For fixed-satellite space stationsproviding domestic service, full fre-quency re-use is defined as re-use of thefrequency bands by polarization dis-crimination in both the uplink anddownlink directions using state-of-the-art equipment and techniques.

(e) For fixed-satellite space stationsproviding international service, fullfrequency re-use is defined as follows:

(1) Satellites must employ polariza-tion discrimination so that, throughthe use of dual polarization, they shallbe able to reuse both the uplink anddownlink frequency band assignments.

(2) Satellites must be configured sothat all assigned frequencies (in bothpolarizations) could be reused in beamsserving widely separate areas.

(f) [Reserved](g) Space station antennas in the

Fixed-Satellite Service must be de-signed to provide a cross-polarizationisolation such that the ratio of the onaxis co-polar gain to the cross-polargain of the antenna in the assigned fre-quency band shall be at least 30 dBwithin its primary coverage area.

(h) Space stations to be operated inthe geostationary satellite orbit mustbe:

(1) Designed with the capability ofbeing maintained in orbit within 0.05°of their assigned orbital longitude,

(2) Maintained in orbit at their as-signed orbital longitude within the lon-gitudinal tolerance specified by theCommission, and

(3) The Commission may authorizeoperations at assigned orbital lon-gitudes offset by 0.05° or multiplesthereof from the nominal orbital loca-tion specified in the station authoriza-tions.

(i) Antenna measurements of both co-polarized and cross-polarized perform-ance must be made on all antennas em-ployed by space stations both withinthe primary coverage area to facilitatecoordination with other Commissionspace station licensees and outside theprimary coverage area to facilitateinternational frequency coordinationwith other Administrations. The re-sults of such measurements shall besubmitted to the Commission withinthirty days after preliminary in-orbittesting is completed.

(j) All operators of space stationsshall file a semi-annual report with theInternational Bureau and the Commis-sion’s Laurel, Maryland field officecontaining the following information:

(1) Status of satellite constructionand anticipated launch dates, including


324

47 CFR Ch. I (10–1–96 Edition)§ 25.211

any major problems or delays encoun-tered;

(2) A listing of any non-scheduledtransponder outages for more thanthirty minutes and the cause(s) of suchoutages;

(3) A detailed description of the utili-zation made or anticipated to be madeof each transponder on each of the in-orbit satellites. That descriptionshould identify the total capacity orthe percentage of time each trans-ponder is actually used for trans-mission, the amount of capacity (ifany) sold but not in service and theamount of unused capacity in thetransponder. If the transponder is re-served as a spare, the operating trans-ponder being protected should be iden-tified. If the transponder is used forpreemptible or occasional services, thenature of these services and amount oftime preemptible or occasional servicesthat are provided over the transpondershould also be identified; and

(4) Identification of any transpondersnot available for service or otherwisenot performing to specifications, thecause of these difficulties, and the dateany transponder was taken out of serv-ice or the malfunction identified.

[58 FR 13420, Mar. 11, 1993, as amended at 61FR 9952, Mar. 12, 1996]

§ 25.211 Video Transmissions in theDomestic Fixed—Satellite Service.

(a) Downlink analog video trans-missions in the band 3700–4200 MHzshall be transmitted only on a centerfrequency of 3700+20N MHz, where N=1to 24. The corresponding uplink fre-quency shall be 2225 MHz higher.

(b) All 4/6 GHz analog video trans-missions shall contain an energy dis-persal signal at all times with a mini-mum peak-to-peak bandwidth set atwhatever value is necessary to meetthe power flux density limits specifiedin § 25.208(a) and successfully coordi-nated internationally and accepted byadjacent U.S. satellite operators basedon the use of state of the art space andearth station facilities. Further, alltransmissions operating in frequencybands described in § 25.208(b) and (c)shall also contain an energy dispersalsignal at all times with a minimumpeak-to-peak bandwidth set at what-ever value is necessary to meet the

power flux density limits specified in§ 25.208(b) and (c) and successfully co-ordinated internationally and acceptedby adjacent U.S. satellite operatorsbased on the use of state of the artspace and earth station facilities. Thetransmission of an unmodulated car-rier at a power level sufficient to satu-rate a transponder is prohibited, exceptby the space station licensee to deter-mine transponder performance charac-teristics. All 12/14 GHz video trans-missions for TV/FM shall identify theparticular carrier frequencies for nec-essary coordination with adjacent U.S.satellite systems and affected satellitesystems of other administrations.

(c) All initial analog video trans-missions shall be preceded by a videotest transmission at an uplink e.i.r.p.at least 10 dB below the normal operat-ing level. The earth station operatorshall not increase power until receivingnotification from the satellite networkcontrol center that the frequency andpolarization alignment are satisfactorypursuant to the procedures specified in§ 25.272. The stationary earth stationoperator that has successfully trans-mitted an initial video test signal to asatellite pursuant to this paragraph isnot required to make subsequent videotest transmissions if subsequent trans-missions are conducted using exactlythe same parameters as the initialtransmission.


§ 25.212 Narrowband transmissions inthe Fixed-Satellite Service.

(a) Except as otherwise provided bythis part, criteria for unacceptable lev-els of interference caused by other sat-ellite networks shall be established onthe basis of nominal operating condi-tions and with the objective of mini-mizing orbital separations between sat-ellites.

(b) Emissions with an occupied band-width of less than 2 MHz are not pro-tected from interference from widerbandwidth transmissions if the r.f. car-rier frequency of the narrowband signalis within ±1 MHz of one of the fre-quencies specified in § 25.211(a).

[58 FR 13421, Mar. 11, 1993]


325


§ 25.213 Inter-Service coordination re-quirements for the 1.6/2.4 GHz Mo-bile-Satellite Service.

(a) Protection of the radio astronomyservice in the 1610.6–1613.8 MHz bandagainst interference from 1.6/2.4 GHzMobile-Satellite Service systems.

(1) Protection zones. All 1.6/2.4 GHzMobile Satellite Service systems shallbe capable of determining the positionof the user transceivers accessing thespace segment through either internalradiodetermination calculations or ex-ternal sources such as LORAN–C or theGlobal Positioning System. During pe-riods of radio astronomy observations,land mobile earth stations shall not op-erate when located within geographicprotection zones defined by the radioobservatory coordinates and separationdistances as follows:

(i) In the band 1610.6–1613.8 MHz,within a 160 km radius of the followingradio astronomy sites:

Observatory Latitude(DMS)

Longitude(DMS)

Arecibo, PR ................................... 18 20 46 66 45 11Green Bank Telescope, WV .......... 38 25 59 79 50 24

38 26 09 79 49 42Very Large Array, NM ................... 34 04 43 107 37 04Owens Valley, CA ......................... 37 13 54 118 17 36Ohio State, OH .............................. 40 15 06 83 02 54

(ii) In the band 1610.6–1613.8 MHz,within a 50 km radius of the followingsites:

Observatory Latitude(DMS)

Longitude(DMS)

Pile Town, NM ............................... 34 18 04 108 07 07Los Alamos, NM ............................ 35 46 30 106 14 42Kitt Peak, AZ ................................. 31 57 22 111 36 42Ft. Davis, TX .................................. 30 38 06 103 56 39N. Liberty, IA .................................. 41 46 17 91 34 26Brewster, WA ................................. 48 07 53 119 40 55Owens Valley, CA ......................... 37 13 54 118 16 34St. Croix, VI ................................... 17 45 31 64 35 03Mauna Kea, HI .............................. 19 48 16 155 27 29Hancock, NH ................................. 42 56 01 71 59 12

(iii) Out-of-band emissions of a mo-bile earth station licensed to operatewithin the 1610.0–1626.5 MHz band shallbe attenuated so that the power fluxdensity it produces in the 1610.6–1613.8MHz band at any radio astronomy sitelisted in paragraph (a)(1) (i) or (ii) ofthis section shall not exceed the emis-sions of a mobile earth station operat-ing within the 1610.6–1613.8 MHz band atthe edge of the protection zone applica-ble for that site. As an alternative, a

mobile earth station shall not operateduring radio astronomy observationswithin the 1613.8–1615.8 MHz band with-in 100 km of the radio astronomy siteslisted in paragraph (a)(1)(i) of this sec-tion, and within 30 km of the sites list-ed in paragraph (a)(1)(ii) of this sec-tion, there being no restriction on amobile earth station operating withinthe 1615.8–1626.5 MHz band.

(iv) For airborne mobile earth sta-tions operating in the 1610.0–1626.5 MHzband, the separation distance shall bethe larger of the distances specified inparagraph (a)(1) (i), (ii) or (iii) of thissection, as applicable, or the distance,d, as given by the formula:

d (km) = 4.1 square root of (h)

where h is the altitude of the aircraftin meters above ground level.

(v) Smaller geographic protectionzones may be used in lieu of the areasspecified in paragraphs (a)(1) (i), (ii),(iii), and (iv) of this section if agreed toby the Mobile-Satellite Service li-censee and the Electromagnetic Spec-trum Management Unit (ESMU), Na-tional Science Foundation, Washing-ton, D.C. upon a showing by the Mo-bile-Satellite Service licensee that theoperation of a mobile earth station willnot cause harmful interference to aradio astronomy observatory duringperiods of observation.

(vi) The ESMU shall notify Mobile-Satellite Service space station licens-ees authorized to operate mobile earthterminals in the 1610.0–1626.5 MHz bandof periods of radio astronomy observa-tions. The mobile-satellite systemsshall be capable of terminating oper-ations within the frequency bands andprotection zones specified in para-graphs (a)(1)(i) through (iv) of this sec-tion, as applicable, after the first posi-tion fix of the mobile earth terminaleither prior to transmission or, basedupon its location within the protectionzone at the time of initial transmissionof the mobile earth terminal. Once themobile-satellite system determinesthat a mobile earth terminal is locatedwithin an RAS protection zone, themobile-satellite system shall imme-diately initiate procedures to relocatethe mobile earth terminal operationsto a non-RAS frequency.


326

47 CFR Ch. I (10–1–96 Edition)§ 25.250

(vii) A beacon-actuated protectionzone may be used in lieu of fixed pro-tection zones in the 1610.6–1613.8 MHzband if a coordination agreement isreached between a mobile-satellite sys-tem licensee and the ESMU on the spe-cifics of beacon operations.

(viii) Additional radio astronomysites, not located within 100 miles ofthe 100 most populous urbanized areasas defined by the United States CensusBureau at the time, may be affordedsimilar protection one year after no-tice to the mobile-satellite system li-censees by issuance of a public noticeby the Commission.

(2) Mobile-Satellite Service spacestations transmitting in the 1613.8–1626.5 MHz band shall take whateversteps necessary to avoid causing harm-ful interference to the radio astronomyfacilities listed in paragraphs (a)(1)(i)and (ii) of this section during periods ofobservation.

(3) Mobile-Satellite Service spacestations operating in the 2483.5–2500MHz frequency band shall limit spuri-ous emission levels in the 4990–5000MHz band so as not to exceed ¥241 dB(W/m2/Hz) at the surface of the Earth.

(4) The Radioastronomy Service shallavoid scheduling radio astronomy ob-servations during peak MSS/RDSStraffic periods to the greatest extentpracticable.

(b) Protection of the radio-navigation-satellite service. Mobileearth stations operating in the 1610–1626.5 MHz band shall limit out-of-bandemissions in the 1574.397–1576.443 MHzband so as not to exceed an e.i.r.p. den-sity level of ¥70 dB (W/MHz) averagedover any 20 ms period. The e.i.r.p. ofany discrete spurious emission (i.e.,bandwidth less than 600 Hz) in the1574.397–1576.443 MHz band shall not ex-ceed ¥80 dBW.


§ 25.250 Sharing between NGSO MSSFeeder links Earth Stations in the19.3–19.7 GHz and 29.1–29.5 GHzBands.

(a) NGSO MSS applicants shall be li-censed to operate in the 29.1–29.5 GHzband for Earth-to-space transmissionsand 19.3–19.7 GHz for space-to-Earthtransmissions from feeder link earth

station complexes. A ‘‘feeder link earthstation complex’’ may include up tothree (3) earth station groups, witheach earth station group having up tofour (4) antennas, located within a ra-dius of 75 km of a given set of geo-graphic coordinates provided by NGSO–MSS licensees or applicants.

(b) Licensees of NGSO MSS feederlink earth stations separated by 800 kmor less are required to coordinate theiroperations, see § 25.203. The results ofthe coordination shall be reported tothe Commission.

[61 FR 44181, Aug. 28, 1996]

EFFECTIVE DATE NOTE: At 61 FR 44181, Aug.28, 1996, § 25.250 was added, effective Oct. 28,1996.

§ 25.251 Special requirements for co-ordination.

(a) The administrative aspects of thecoordination process are set forth in§§ 21.100(d) and 21.706 (c) and (d) of thischapter in the case of coordination ofterrestrial stations with earth sta-tions, and in § 25.203 in the case of co-ordination of earth stations with ter-restrial stations. The technical aspectsof the coordination process are setforth in §§ 25.252 through 25.256.

(b) The technical aspects of coordina-tion are based on appendix 28 of theinternational radio regulations andcertain recommendations and reportsof the CCIR. Applicants and operatorswill find it helpful to be aware of thelatest revision of these documents, inparticular reports 244, 382, and 448.

(c) Although two types of inter-ference paths have to be considered,i.e., from an earth station transmitterinto terrestrial receivers, and from aterrestrial transmitter into earth sta-tion receivers, the use of different fre-quency bands for transmission and re-ception by the communication-sat-ellite service limit the consideration toonly one type of interference path ineach frequency band, namely:

(1) In those shared frequency bandslimited to transmission by an earthstation, only the possibility of inter-ference from earth station transmit-ters into terrestrial receivers needs tobe considered;


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(2) In those shared frequency bandslimited to reception by an earth sta-tion, only the possibility of inter-ference from terrestrial transmittersinto the earth station receivers needsto be considered.

(d) For the purposes of effecting co-ordination between terrestrial andearth station in frequency bandsshared with equal rights by these serv-ices, the following assumptions shouldbe made, absent specific information:

(1) That the earth station antennamay be directed towards any point onthat portion of the geostationary arcvisible at the earth station location atwhich the corresponding elevationangle exceeds or is equal to the limitsspecified in § 25.205;

(2) That any terrestrial station andany earth station within 100 kilometersof each other must be coordinatedwhether or not a lesser coordinationdistance results from any calculation;

(3) That the terrestrial antennameets an antenna pattern based on themaximum antenna gain from table 1 of§ 25.252 and the sidelobe suppressionstandard B set forth in § 21.108(c) of thischapter;

(4) That for coordination, the earthstation antenna sidelobe gain level isdefined by the following formula:

32¥25 log10 θ dBi¥10 dBi

1°™θ™48°48°<θ™180°

where θ is the off-axis angle to the di-rection of the terrestrial station inquestion. If the actual antenna gainperformance is better than that definedby this formula, the actual gain maybe used to effect coordination.

(5) That both systems occupy all fre-quencies allocated to the particularservice in the band to which they areassigned.

(e) The assumption of paragraph(d)(3) of this section, that the terres-trial station antenna only meets thesidelobe suppression standard B of§ 21.108(c) of this chapter is to be madeonly for computational convenienceand simplicity, and to insure that allterrestrial stations that could likelycause or receive interference are takeninto account. If interference will likelyresult to or from a terrestrial stationactually employing an antenna meet-ing only standard B, but would be

eliminated if an antenna meetingstandard A were to be employed, thenthe provisions of §§ 21.108(c) and21.109(c) of this chapter apply.

(f) In lieu of the assumptions of para-graph (d)(1) and/or paragraph (d)(5) ofthis section, an applicant for an earthstation authorization may effect co-ordination for a limited portion of thegeostationary arc visible at the earthstation location and/or a limited por-tion of the frequency band: Provided,however, That the operation of theearth station shall be limited to thatportion of the geostationary arc and/orthat portion of the frequency band forwhich coordination has been effected.

(g) The authorization of a devel-opmental earth station under § 25.390and the authorization of a transport-able earth station for operation at agiven location for a limited period oftime shall be so conditioned that theoperations of such an earth stationshall not place any limitations uponthe operations, location, or design ofany terrestrial station. For this rea-son, the interference analyses per-formed in the coordination of theseearth stations may be undertaken forspecific frequency assignments andtherefore may take advantage of anyoffset in frequency calculated in ac-cordance with applicable CCIR Reportsand Recommendations (for exampleReport 388–1).

[38 FR 8575, Apr. 4, 1973, as amended at 48 FR40256, Sept. 6, 1983]

§ 25.252 Maximum permissible inter-ference power.

(a) The maximum permissible inter-ference power Pmax(p) in dBW in thereference bandwidth of the potentiallyinterfered-with station, not to be ex-ceeded for all but a short term percent-age of the time, p, from each source ofinterference, is given by the generalformula

Pmax(p)=10 log10(kTrB)+J+M(p)¥W

where:

M(p)=M(po/n)=Mo(p)

with:

k=Boltzmann’s constant (1.38·10¥23 joulesper °K),

Tr=Thermal noise temperature of the re-ceiving system (degrees Kelvin),


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47 CFR Ch. I (10–1–96 Edition)§ 25.252

1 The factor J (in dB) is defined as the ratioof total permissible long-term (20 percent ofthe time) interference power in the system,to the long-term thermal noise power in asingle receiver. For example, in a 50–hop ter-restrial hypothetical reference circuit, thetotal allowable additive interference poweris 1,000 pWOp (C.C.I.R. Recommendation 357–1) and the mean thermal noise power in asingle hop may be assumed to be 25 pWOp.Therefore, since in a FDM/FM system theratio of the interference noise power to thethermal noise power in a 4kHz band is thesame before and after demodulation. J=16dB. In a fixed-service satellite system, thetotal allowable interference power is also1,000 pWOp (C.C.I.R. Recommendation 356–2),but the thermal noise contribution of thedown path is not likely to exceed 7,000 pWOp,hence J≥8.5 dB. In digital systems it may benecessary to protect each communicationpath individually, and in that case, long-term interference power may be of the sameorder of magnitude as long-term thermalnoise, hence J=0 dB.

2 Mo(po) (in dB) is the ‘‘interference mar-gin’’ between the long-term (20 percent) andthe short term (po percent) allowable inter-ference powers. For analogue radio-relay andfixed-satellite systems in bands between 1and 15 GHz, this is the ratio (in dB) between50,000 and 1,000 pWOp (17 dB). In the case ofdigital systems, Mo(po) may tentatively beset equal to the fading margin for a percent-

age of the time (1–po) percent, which de-pends, inter alia, on the local rain climate.

3 The factor W (in dB) is the ratio of RFthermal noise power to RF interferencepower, in the reference bandwith, productingthe same interference effect after demodula-tion (e.g. in FDM/FM system it would be ex-pressed for equal voice channel performance;in a digital system it would be expressed forequal bit error probabilities). For FM sig-nals, it is defined as follows:

W=10 log10 [(Interfering power in the re-ceiving system after demodulation/Thermalnoise power in receiving system after de-modulation) × (Thermal noise power at thereceiver input in the reference bandwidth/Interfering power at radio frequency in thereference bandwidth)]

B=Reference bandwidth (in Hz) (bandwidthover which the interference power canbe averaged),

J=Ratio (in dB) of the maximum permis-sible long-term interfering power tothe long-term thermal noise power inthe receiving system (where long-termrefers to 20 percent of the time),1

n=Number of expected entries of inter-ference, assumed to be uncorrelated,

p=Percentage of the time during which theinterference from one source may ex-ceed the allowable maximum value,

po=Percentage of the time during whichthe interference from all sources mayexceed the allowable maximum value;since the entries of interference are notlikely to occur simultaneously:

po=np,

M(p)=Ratio (in dB) between the maximumpermissible interference power duringp percent of the time for one entry ofinterference, and during 20 percent ofthe time for all entries of interference,respectively,

Mo(po)=Ratio (in dB) between the maxi-mum permissible interference powerduring po percent and 20 percent of thetime respectively, for all entries of in-terference,2

W=Equivalence factor (in dB) relating theeffect of interference to that of ther-mal noise of equal power in the ref-erence bandwidth.3

When the wanted signal uses FM modu-lation with rms modulation indiceswhich are greater than unity, W is ap-proximately 4 dB, regardless of thecharacteristics of the interfering sig-nal. For low index terrestrial FDM/FMsystems a very small reference band-width (4 kHz) should be assumed inorder to avoid the necessity of dealingwith a large range of characteristics ofboth wanted and unwanted signalsupon which, for greater referencebandwidths, the value of W would de-pend. With this assumption, W=0 dB asshown in table 1, of this section. Whenthe wanted signal is digital, W is usu-ally equal to or less than 0 dB, regard-less of the characteristics of the inter-fering signal.

(b) For purposes of performing inter-ference analyses, the maximum per-missible interference power Pmax(20%)in dBW in the reference bandwidth ofthe potentially interfered-with station,not to be exceeded for all but 20 per-cent of the time from each source of in-terference, is given by the general for-mula and with the remaining param-eters defined in paragraph (a) of thissection.

Pmax(20 percent)=10 log10(n20) (kTrB) +J¥W ¥10

wheren20=number of assumed simultaneous inter-

ference entries of equal power level,

(c) The values of the parameters con-tained in the appropriate column oftable 1 of this section which enter intothe formulas of paragraphs (a) and (b)


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of this section shall be used to computethe maximum permissible interferencepower level in all cases, unless the ap-plicant demonstrates to the Commis-sion that a different set of values for

these parameters is more appropriatefor his particular case. Where a symbolappears in table 1 of this section, theactual value of the parameter rep-resented by the symbol is to be used.

Section 25.252 Table 1. Parameters to be used in the calculation of the maximum permissible interference power level andminimum permissible basic transmission loss

Frequency band (MHz) .............................................. 3,700– 5,925– 6,625– 10,950– 11,450– 12,500– 14,000–4,200 6,425 7,125 11,200 12,200 12,750 14,500

Interference path ........................................................ T→E E→T T→E T→E T→E E→T E→T

po (percent) ................................................................ 0.03 0.01 0.03 0.03 0.03 0.01 0.01n ................................................................................. 3 1 2 3 2 2 1 2 1 2

2 4 2 4 2 4n20 .............................................................................. 3 1 2 3 2 2 1 2 1 2Interference parameters and criteria ......................... 2 4 2 4 2 5p (percent) ................................................................. 0.01 1 0.005 0.01 0.015 0.015 1 0.005 1 0.004

2

0.00252 0.0025 2

0.0025J(dB) .......................................................................... 8.5 16.0 8.5 8.5 8.5 16.0 16.0Mo(po) ........................................................................ 17.0 17.0 17.0 17.0 17.0 17.0 17.0W(dB) ......................................................................... 4.0 0.0 4.0 4.0 4.0 0.0 0.0

NOTE 1: This value should be used for international systems.NOTE 2: This value should be used for domestic systems.E=Earth Station.T=Terrestrial Station.

Frequency band ....................................................... 3,700– 5,925– 6,625– 10,950– 11,450– 12,500– 14,000–4,200 6,425 7,125 11,200 12,200 12,750 14,500

Interference path ...................................................... T→E E→T T→E T→E T→E E→T E→TReference bandwidth, B (Hz) .................................. 106 4×103 106 106 106 4×103 4×103

System noise temperature,Tr (°K)Tr ....................... Tr 750 Tr Tr Tr 1,500 1,500Pt (dBW) .................................................................. 13 PE 9 5 5 PE PEGt3 (dBi) .................................................................. 42 GE(α) 46 50 50 GE(α) GE(α)Gr3 (dBi) .................................................................. GE(α) 45.0 GE(α) GE(α) GE(α) 50.0 50.0Pmax(π)(dBW) .......................................................... 10 log10 ¥131 10 log10 10 log10 10 log10 ¥128 ¥128

(Tr) (Tr) (Tr) (Tr)¥164Lw(dB) ...................................................................... 0 4Lw 0 0 0 4Lw 4Lw

S (dBW) ................................................................... .............. 173 .............. .............. ................ 175 175E (dBW) ................................................................... 55 .............. 55 55 55 .............. ..............

NOTE 3=GE (α) is the gain of the earth station antenna toward the horizon at the azimuth of interest α, and can be derivedusing the methods of § 25.253 (b).

NOTE 4=For interference analysis, actual line loss should be used, if known, if not known, assume 0 dB.

(d) In cases where an earth station ora terrestrial station may employ morethan one type of emission, the param-eters chosen for analysis should cor-respond to that pair of emissions whichresults in the greatest coordinationdistance.

[38 FR 8575, Apr. 4, 1973, as amended at 39 FR33527, Sept. 18, 1974; 57 FR 21214, May 19, 1992]

§ 25.253 Determination of coordinationdistance for near great circle prop-agation mechanisms.

(a) The requirement that the inter-ference power at the input to the re-ceiver of the potentially interfered-

with station be less than the maximumpermissible interference power levelPmax(p) for all but p percent of the time(as determined in § 25.252), is equivalentto the requirement that a minimumpermissible basic transmission loss be-tween the two stations be exceeded forall but p percent of the time. For uni-formity and convenience, this mini-mum permissible basic transmissionloss is determined for each azimuth forp=0.01 percent of the time, at a fre-quency of 4 GHz. This value is termedthe normalized basic transmission lossLo (0.01), and can be calculated fromthe formula:


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47 CFR Ch. I (10–1–96 Edition)§ 25.253

Lo(0.01)=Pt+Gi+Gr¥Pmax(p)¥F(p)¥20 log10(f/4)¥Lw

where:

Pt=maximum available transmitting power(in dBW) in the reference bandwidth B,at the input to the antenna of the po-tentially interfering station. The rep-resentative value contained in the ap-propriate column of table 1 of § 25.252should be used;

Gt=gain (in dB relative to an isotropic radi-ator) of the transmitting antenna ofthe potentially interfering station;

Gr=gain (in dB relative to an isotropic ra-diator) of the receiving antenna of thepotentially interfered-with station;

Pmax(p)=maximum permissible inter-ference power (in dBW) in the referencebandwidth B of the potentially inter-fered-with station not to be exceededfor all but p percent of the time as de-termined from § 25.252;

F(p)=correction factor (in dB) to relate theeffective percentage of the time p to0.01 percent of the time, for great circlepropagation mechanisms, as deter-mined from figure 1 of this section;

f=frequency (in GHz);Lw=receiving system transmission line loss

(in dB); none to be assumed in calcula-tion of coordination distance;

CORRECTION FACTOR F(p) FOR PERCENTAGES

OF THE TIME p OTHER THAN 0.01%

FCC § 25.253, Figure 1.

The following considerations apply tothe selection of values for the param-eters in this formula:

(1) The maximum gain of terrestrialantenna, either Gt or Gr, is to be usedin the formula above. The representa-tive value contained in the appropriatecolumn of table 1 of § 25.252 should beused.

(2) For an earth station communicat-ing with geostationary satellites, thegain of the earth station antenna, ei-ther Gr or Gt, is generally taken as thegain in the direction toward the phys-ical horizon at the azimuth under con-sideration, except that in certain cases,as described in paragraph (f) of thissection, where the elevation angle ofthe earth station antenna is below 12°,the main beam gain is used instead ofthe horizon gain. In the case of anearth station communicating with non-geostationary satellites, an equivalenttime invariant gain should be used.This time invariant gain is taken asthe greater of the maximum horizongain minus 10 dB and the horizon gainnot exceeded for more than 10 percentof the time.

(3) In those frequency bands wherethe potential for interference is froman earth station transmitter into a ter-restrial receiver, a sensitivity factor Sin dBW may be defined in terms of theterrestrial antenna gain Gm in dBi andthe maximum permissible interferencepower Pmax (p) in dBW at the terres-trial receiver by

S=Gm¥Pmax(p)¥Lw

With this definition, the formula forthe normalized basic transmission lossmay be rewritten as

Lo(0.01)=Pt+Gt+S¥F(p)¥20 log10(f/4)

in terms of the parameters definedabove. In this way, auxiliary contours,generated for sensitivity factor valuesof 5, 10, 15, 20 dB, etc. below the valuecorresponding to the main contour,may be convenient in performing pre-liminary interference analyses.

(4) In those frequency bands wherethe potential for interference is from aterrestrial transmitter into an earthstation receiver, an equivalentisotropically radiated power E in dBWmay be defined in terms of the terres-trial transmitter power Pm in dBW and


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the terrestrial antenna gain Gm in dBiby

E=Pm+Gm

With this definition, the formula forthe normalized basic transmission lossmay be rewritten as

Lo(0.01)=E+Gr¥Pmax(p)¥F(p)¥20 log10 (f/4)¥Lw

in terms of the parameters definedabove. In this way, auxiliary contours,generated for equivalent isotropicallyradiated powers of 5, 10, 15, 20 dB, etc.,below the value corresponding to the

main contour, may be convenient inperforming preliminary interferenceanalyses.

(b) The gain of the earth station an-tenna in the direction of the physicalhorizon around the earth station maybe computed by the following methodwith the aid of figure 2 in the case ofan earth station communicating withgeostationary satellites. An example ofthis method is illustrated in figure 3 inthe particular case of an earth stationlocation at 45° north latitude for anazimuth of 210°

(1) Figure 2 shows the permissible lo-cation arcs of geostationary satellitesin a rectangular azimuth-elevationplot (α, ε3), each arc corresponding to aparticular earth station latitude, λ.For the latitude of the given earth sta-tion, that portion of the geostationaryarc visible at the earth station for

which coordination is to be effected ismarked off between the appropriatelimits. The example of figure 3 showsthat portion of the arc of the geo-stationary orbit visible from an earthstation at a latitude of 45° N. for thecase of satellites located between 10° E.and 45° W. of the earth station.


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47 CFR Ch. I (10–1–96 Edition)§ 25.253

(2) The horizon profile θ (α) as a func-tion of the azimuth α is then plotted

along the bottom of figure 2 as illus-trated in the example of figure 3.


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(3) At each azimuth interval (e.g. foreach 5° of azimuth), the minimum an-gular distance φ(αo) (between the phys-ical horizon at azimuth αo and the plot-ted portion of the geostationary arc) isdetermined graphically, as illustratedin figure 3, using the elevation scale atthe far left of the figure.

(4) The earth station gain toward thehorizon at azimuth αo may now be de-termined by evaluating either the ac-tual earth station antenna pattern, ifknown, or the reference antenna pat-tern, if known, or the reference an-tenna pattern of § 25.209 at the mini-mum angular distance φ(αo).

(c) The dependence of basic trans-mission loss on climate is reflected inthe definition of three radio-climaticzones:

Zone A: Land;Zone B: Sea at latitudes greater than 23.5° N.

and 23.5° S.;

Zone C: Sea, at latitudes between 23.5° N. and23.5° S., inclusive.

In addition, zones B and C are taken toextend inland, either to the distance atwhich the height of the terrain is 100 mabove sea level, or 50 km inland, which-ever is less.

(d) The coordination distance due tonear great circle propagation mecha-nisms in a particular direction is cal-culated from the normalized basictransmission loss Lo (0.01) computedfrom the formula of paragraph (a) ofthis section in the following manner:

(1) Using the normalized basic trans-mission loss Lo (0.01), a unit elevationcorrection Ho (in dB) is obtained forthe frequency under consideration fromfigure 4 for the appropriate radio-cli-matic zone. Linear interpolation be-tween the curves of figure 4 is used forfrequencies not shown.


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47 CFR Ch. I (10–1–96 Edition)§ 25.253

UNIT ELEVATION ANGLE CORRECTION AS A

FUNCTION OF NORMALIZED BASIC TRANS-MISSION LOSS AND FREQUENCY, ZONE A

FCC § 25.253, FIGURE 4(a).


FUNCTION OF NORMALIZED BASIC TRANS-MISSION LOSS AND FREQUENCY, ZONE B

FCC § 25.253, FIGURE 4(b).


FUNCTION OF NORMALIZED BASIC TRANS-MISSION LOSS AND FREQUENCY, ZONE C

FCC § 25.253, FIGURE 4(c).

(2) This unit elevation correction Ho

together with the elevation angle ofthe physical horizon in the direction ofazimuth under consideration is thenused with figure 5 for the appropriateradio-climatic zone to obtain the totalhorizon correction H (in dB). If the ho-rizon elevation is less than 0.2°, thevalue of 0 dB is used for H.


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47 CFR Ch. I (10–1–96 Edition)§ 25.253


337


(3) The required coordination loss Lc

(in dB) is then calculated by subtract-ing the total horizon correction H fromthe normalized basic transmission lossLo (0.01)

Lc=Lo(0.01)¥H

(4) The coordination distance for theradio-climatic zone in which the earthstation is located can now be deter-mined from figure 6 for the appropriateradio-climatic zone together with therequired coordination loss Lc and thefrequency f.


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(5) For those azimuths for which theearth station antenna elevation angleis less than 12°, the coordination dis-tance calculated in this manner mayhave to be adjusted in accordance withthe procedure set forth in paragraph (f)of this section.

(e) When the coordination distance,calculated for the radio-climatic zonein which the earth station is located,extends into another radio-climaticzone, the effective multizone coordina-tion distance is the sum of the dis-tances xA, xB, and xC traversed by theradio path in zones A, B, and C, respec-tively, which are determined from therelationship

(xA/DA)+(xB/DB)+(xC/DC)=1

where DA, DB, and DC are the coordina-tion distances in zones A, B, and C, re-spectively, calculated under the as-sumption that the radio path lies en-tirely in zones A, B, and C, respec-tively. The use of this relationship isillustrated by the following examples.

(1) Assume that the earth station islocated in zone A and that a coordina-tion distance DA=345 km has been cal-culated assuming that the radio pathlies only in zone A. However, in theparticular direction being considered,the radio path crosses over into zone Bat a distance of 290 km from the earthstation. Assume further, that if thestation were located in zone B, a co-ordination distance of DB=530 km


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47 CFR Ch. I (10–1–96 Edition)§ 25.254

would be required. Setting xC=0, the re-lationship above can be solved for theunknown distance xB in zone B:

xB=DB [1¥(xA/DA)]

By substituting the known valuesxA=290 km, DA=345 km and DB=530 km,the required distance in zone B is foundto be xB=85 km. The effective coordina-tion distance dc is then found to be

dc=xA+xB=290+85=375 km.

(2) Taking this same example onestep further, assume that the radiopath reenters zone A at a distance of340 km from the earth station. In thiscase, the distance initially traversedby the radio path in zone A is know tobe xA′=290 km, and distance in zone B isxB=340¥xA′=50 km. Therefore, it is nec-essary to solve for the remaining dis-tance xA′′ in zone A by

xA′′=DA[1¥(xB/DB)]¥xA′.

Substituting the values for DA, xB, DB,and xA′, xA′′ is found to be

xA′′=345[1¥(50/530)]¥290=21 km

so that the total lengths of the twosegments of the radio path lying inzone A is

xA=xA′+xA′′=290+21=311 km

and the effective coordination distanceis

dc=xA+xB=311+50=361 km.

(f) The coordination distance cal-culated in paragraphs (d) and (e) of thissection may be too small for those azi-muths at which the elevation of the an-tenna of an earth station communicat-ing with a geostationary satellite isbelow 12°. In these cases the followingprocedure is to be used to determinewhether the regular coordination dis-tance contour for each of these azi-muths should be increased:

(1) A coordination distance d′ is cal-culated for such an azimuth in thesame manner as for the regular coordi-nation distance do from paragraph (d)of this section, except that:

(i) The main beam gain of the earthstation antenna is used instead of thehorizon gain,

(ii) The earth station antenna ele-vation angle for this azimuth is usedinstead of the horizon elevation angle,

(iii) The zone A curves of figures 4, 5,and 6 are used irrespective of the ac-tual radio-climatic zone.

(2) If the coordination distance d′ cal-culated in this manner is greater thanthe regular coordination distance do,the effective coordination distance dc

for this azimuth is then taken as

dc=do+[(d′¥do)(12-S)/7]km 5° 4S412°

where Σ is the earth station antennaelevation angle.

[38 FR 8577, Apr. 4, 1973, as amended at 39 FR33527, Sept. 18, 1974]

§ 25.254 Computation of coordinationdistance contours for propagationmodes associated with precipitationscatter.

(a) For a given pointing azimuth andelevation angle of an earth station an-tenna, a rain scatter coordination dis-tance contour, calculated in accord-ance with the procedure set forth belowtakes the form of a circle of radius dcr,the rain scatter coordination distance,centered at a point offset from theearth station location by a distance Dr

in the direction of azimuth of the mainbeam of the earth station antenna.This offset distance Dr is a function ofboth the rain scatter distance dcr andthe earth station antenna elevationangle. In the case of an earth stationdesigned for operation with commu-nication-satellites located at any pointalong a specified portion of the geo-stationary arc, this functional depend-ence entails the generation of rainscatter coordination distance contoursfor each azimuth direction in which theearth station antenna may point. Theeffective rain scatter coordination dis-tance contour is then taken as the en-velope defined by all these individualcontours. It may be convenient toeliminate the need to consider multiplecontours by taking an effective rainscatter coordination distance contouras a circle centered at the earth sta-tion location with a radius equal to thesum of the rain scatter distance dcr andthe maximum offset distance Dr at theminimum elevation angle. Such a pro-cedure is conservative, since the result-ing contour will always be larger thannecessary, but for earth stations hav-ing minimum elevation angles above20°, the increase in area inside the con-tour will be small.


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(b) For the purposes of computingrain scatter coordination distance con-tours and to establish maximum scat-tering heights, below which main-beamintersections will not generally be per-mitted, the 48 contiguous UnitedStates have been divided into five rainclimates. These rain climates are listedin table 1 of this paragraph. The fiveclimates are distinguished by the sta-tistical distribution of their instanta-neous rainfall rates throughout theyear. These defining distributions,taken from the CCIR literature, areshown graphically in figure 1 of thisparagraph. In the absence of specificinformation on the rainfall statisticsat a proposed station location, the mapshown in figure 2 of this paragraphmay be used. This map shows bound-aries approximating the actual rainclimates. (This map also takes into ac-count the effect of scatter from hail by

moving the boundary of rain climate 2farther west in Colorado and severalnearby States than would be dictatedconsidering rain only.) In the case ofAlaska, Hawaii and in the off-shoreU.S. possessions and territories, appli-cants should select the most appro-priate rain climate based on rainfallstatistics, pending the adoption ofrules setting forth maps and/or otherinformation for these areas.

TABLE 1

Rain cli-mate Description

Maximumscattering

height(km)

1 Maritime sub-tropical ......................... 152 Continental temperate ....................... 113 Maritime temperate ........................... 74 Mediterranean ................................... 75 Mid-latitude interior ............................ 7

NOTE: Maximum heights shown here are based on valuesgiven in Table 8.2–III, Report of the Special Joint Meeting ofthe CCIR, Geneva, Feb.–March 1971, page 99.


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47 CFR Ch. I (10–1–96 Edition)§ 25.254

(c) To determine the rain scatter co-ordination distance dcr, it is first nec-essary to calculate the normalized rainscatter coordination loss Lr (0.01) fromthe formula

Lr(0.01)=Pt+DG¥Pmax(p)¥Fr(p,f)¥Lw

where:

Pt=power (in dBW) available at the an-tenna input of the interfering earthstation from table 1 of § 25.252;

DG=difference (in dB) between the maxi-mum gain of the terrestrial station an-tenna in the frequency band under con-sideration and the value of 45 dBi. This

value may be determined from the ap-propriate column of table 1 of § 25.252;

Pmax(p)=maximum permissible inter-ference power (in dBW) to the inter-fered-with station not to be exceededfor all but the short-term percentage ofthe time p from § 25.252;

Fr(p,f)=correction factor (in dB) to relatethe effective short-term percentage ofthe time p to 0.01 percent of the time,for precipitation scatter propagationmechanisms, as determined from figure3 of this section;

f=frequency (in GHz);Lw=receiving system transmission line loss

(in dB); assumed to be zero in calcula-tion of rain scatter contour.

This normalized rain scatter coordina-tion loss Lr (0.01) is then used with theappropriate figure 4 and the frequency

f to determine the rain scatter coordi-nation distance dcr.


345



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47 CFR Ch. I (10–1–96 Edition)§ 25.254


347



348

47 CFR Ch. I (10–1–96 Edition)§ 25.255

(d) The rain scatter coordination dis-tance dcr is then used together with theearth station antenna elevation angle Σwith figure 5 to determine the offsetdistance Dr.

DISTANCE Dr as a Function of Rain ScatterDistance dcr and Earth Station Main BeamElevation Angle Σ

FCC § 25.254, FIGURE 5

[38 FR 8578, Apr. 4, 1973]

§ 25.255 Guidelines for performing in-terference analyses for near greatcircle propagation mechanisms.

(a) Once a great circle coordinationdistance contour has been computed aproposed earth station in accordancewith § 25.253, it is necessary to deter-mine the likelihood of harmful inter-ference between the proposed earth sta-tion and each existing or proposed ter-restrial station located within thatcontour sharing the same frequencyband(s). Before performing the detailedinterference analyses described inparagraphs (b) through (d) of this sec-tion, the earth station applicant mayperform a preliminary interferenceanalysis that will usually eliminate a

significant number of terrestrial sta-tions from further consideration. (Thissame type of preliminary analysis mayalso be employed by terrestrial stationapplicants effecting coordination withexisting or proposed earth stations.)This preliminary interference analysistakes the form of a refinement of thecoordination distance calculation of§ 25.253 using the antenna gain of eachterrestrial station in the direction ofthe earth station, determined in ac-cordance with paragraph (d)(3) of thissection, instead of the maximum ter-restrial antenna gain.

(b) A detailed interference analysismust be performed for each possible in-terference path which cannot be elimi-nated from further consideration in re-gard to harmful interference by meansof a preliminary analysis of the typedescribed in paragraph (a) of this sec-tion. In order that a uniform procedurebe employed by all applicants to assessthe likelihood of interference betweenspecific terrestrial stations and spe-cific earth stations, a detailed inter-ference analysis for near great-circlepropagation mechanisms shall be per-formed by calculating the interferencemargin, Pmar(p) in dB that is availablefor all but p percent of the time at theinput to the receiver of the potentiallyinterfered-with station from the for-mula

Pmar(p)=Pmax(p)¥Prec(p)

where:

Pmax(p)=maximum permissible inter-ference power (in dBW) in the referencebandwidth at the receiver input of thepotentially interfered-with station notto be exceeded for all but p percent ofthe time, as calculated in § 25.252;

Prec(p)=interference power (in dBW) in thereference bandwidth at the receiverinput of the potentially interfered-withstation not exceeded for all but p per-cent of the time, for near great circlepropagation mechanisms, as calculatedin paragraph (c) of this section.

Because of the different troposphericpropagation modes that may occur, itis necessary to calculate an inter-ference margin Pmar(p) for both: Ashort-term percentage of the time, forexample, p=0.01 percent; and a long-term percentage of the time, specifi-cally p=20 percent. If the interferencemargins calculated for both the short-


349


term and the long-term percentages ofthe time are greater than zero, it maythen be assumed that harmful inter-ference will not be caused to the poten-tially interfered-with station by thepotentially interfering station. Valuesof Pmax(p), for both the short-term andthe long-term percentages of the time,are to be determined in accordancewith the formulas of § 25.252 and the ap-propriate values from table 1 of § 25.252,unless it is demonstrated to the Com-mission that another choice of valuesis more appropriate for the stations forwhich coordination is being effected.

(c) The interference power Prec(p) indBW in the reference bandwidth at thereceiver input of the potentially inter-fered-with station not exceeded for allbut p percent of the time is calculatedfrom

Prec(p)=Pt+Gt+Gr¥Lw¥L(p)

where:

Pt=maximum available transmitting power(in dBW) in the reference bandwidth atthe input to the transmitting antennaof the potentially interfering station,

Gt=gain (in dB with respect to isotropic) ofthe transmitting antenna, of the poten-tially interfering station in the perti-nent direction,

Gr=gain (in dB with respect to isotropic) ofthe receiving antenna of the poten-tially interfered-with station in thepertinent direction,

L(p)=basic transmission loss (in dB)present between the two stations forall but p percent of the time,

Lw=receiving system transmission line loss(in dB)

(d) The following considerationsapply to the selection of values as-signed to the parameters of the for-mula of paragraph (c) of this section.

(1) The transmitting power Pt of thepotentially interfering station is to betaken from the appropriate column oftable 1 of § 25.252, except that in caseswhere the actual power available at theantenna input of the potentially inter-fering station is known, this actualpower should be used, subject to ad-justment for any change in power ex-pected in the foreseeable future for ef-fective spectrum utilization and sys-tem performance. The values of thetransmitting power Pt for terrestrialstations set forth in table 1 of § 25.252are expressed in terms of total powerand may be subject to adjustment to

relate this total power to power in thereference bandwidth.

(2) The gain of an earth station an-tenna, either Gt or Gr, is to be taken asthe gain of the earth station antennatoward the horizon in the direction ofthe potentially interfered-with orinterfering terrestrial station. Forearth stations communicating withgeostationary satellites, this gain iscalculated by the procedure of§ 25.253(b).

(3) The gain of a terrestrial stationantenna, either Gt or Gr, is to be takenas the gain of the terrestrial antennaevaluated at an off-axis discriminationangle equal to the acute angle betweenthe direction to the potentially inter-fering or interfered-with earth stationand the direction to the adjacent ter-restrial station in the radio relay sys-tem. Initially, it should be assumedthat the sidelobe pattern of the terres-trial antenna meets only standard B of§ 21.108(c) of this chapter. If the resultsof this calculation indicates the likeli-hood of interference, the pattern ofstandard A should then be used. If suchan antenna would eliminate the likeli-hood of interference, then the provi-sions of § 21.109(c) of this chapter apply.

(4) If the actual receiving system lineloss, Lw, of the potentially interfered-with station is known, it may be usedin calculating the interference power.If unknown, zero dB must be assumed.

(5) The calculation of the basic trans-mission loss L(p) available for all but ppercent of the time, is to be done in ac-cordance with the methods of NBSTechnote 101, 1966 (Revised) judiciouslyapplied and interpreted, taking into ac-count the appropriate terrain charac-teristics and the appropriate tropo-spheric propagation mechanisms. Ex-trapolation of the methods and valuesgiven in Technote 101 to percentages oftime less than 0.01 percent should bemade cautiously.

(e) Appendix 28 of the internationalradio regulations and certain reportsand recommendations of the CCIR mayprovide additional information andserve as useful references. In particu-lar, applicants and operators should beaware of the latest revisions of reports244, 382, and 448.

[38 FR 8579, Apr. 4, 1973]


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47 CFR Ch. I (10–1–96 Edition)§ 25.256

§ 25.256 Guidelines for performing in-terference analyses for precipita-tion scatter modes.

(a) Once rain scatter coordinationdistance contours have been deter-mined, it is necessary to determine thelikelihood of impermissible levels ofinterference between the proposedearth station and each existing or pro-posed terrestrial station located withinthe rain scatter coordination distance.

(b) It may be presumed that any in-terference caused by precipitationscatter propagation mechanisms willbe acceptable and that the interferencepaths may be eliminated from inter-ference if the interference marginPmar (p) defined in § 25.255(b) is greaterthan zero when the received inter-ference power Prec (p) is computed onthe basis of the available transmissionloss between the earth station and ter-restrial station due to scattering fromprecipitation.

(c) Additional information is pro-vided by the reports and recommenda-tions of the CCIR which serve as usefulreferences. In particular, applicantsand operators should be aware of thelatest revisions of reports 382, 388, 448and 569, XVIIth Plenary Assembly,Dusseldorf, 1990.

[58 FR 13421, Mar. 11, 1993]

§ 25.257 Special requirements for oper-ations in the band 29.1–29.25 GHzbetween NGSO MSS and LMDS.

(a) Non-geostationary mobile sat-ellite service (NGSO MSS) operatorsshall be licensed to use the 29.1–29.25GHz band for Earth-to-space trans-missions from feeder link earth stationcomplexes. A ‘‘feeder link earth stationcomplex’’ may include up to three (3)earth station groups, with each earthstation group having up to four (4) an-tennas, located within a radius of 75km of a given set of geographic coordi-nates provided by a NGSO MSS licens-ees or applicants pursuant to § 101.147.

(b) A maximum of seven (7) feederlink earth station complexes in thecontiguous United States, Alaska andHawaii may be placed into operation,in the largest 100 MSAs, in the band29.1–29.25 GHz in accordance with§ 25.203 and § 101.147 of this chapter.

(c) One of the NGSO MSS operatorslicensed to use the 29.1–29.25 GHz band

may specify geographic coordinates fora maximum of eight feeder link earthstation complexes that transmit in the29.1–29.25 GHz band. The other NGSOMSS operator licensed to use the 29.1–29.25 GHz band may specify geographiccoordinates for a maximum of twofeeder link earth station complexesthat transmit in the 29.1–29.25 GHzband.

(d) Additional NGSO MSS operatorsmay be licensed in this band if the ad-ditional NGSO MSS operator showsthat its system can share with the ex-isting NGSO MSS systems.

(e) All NGSO MSS operators shall co-operate fully and make reasonable ef-forts to identify mutually acceptablelocations for feeder link earth stationcomplexes. In this connection, any sin-gle NGSO MSS operator shall onlyidentify one feeder link earth stationcomplex protection zone in each cat-egory identified in § 101.147(c)(2) of thischapter until the other NGSO MSS op-erator has been given an opportunityto select a location from the same cat-egory.

[61 FR 44181, Aug. 28, 1996]


§ 25.258 Sharing between NGSO MSSFeeder links Stations and GSO FSSservices in the 29.25–29.5 GHzBands.

(a) Operators of NGSO MSS feederlink earth stations and GSO FSS earthstations in the band 29.25 to 29.5 GHzwhere both services have a co-primaryallocation shall cooperate fully inorder to coordinate their systems. Dur-ing the coordination process both serv-ice operators shall exchange the nec-essary technical parameters requiredfor coordination.

(b) Licensed GSO FSS systems shall,to the maximum extent possible, oper-ate with frequency/polarization selec-tions, in the vicinity of operational orplanned NGSO MSS feeder link earthstation complexes, that will minimizeinstances of unacceptable interferenceto the GSO FSS space stations.

(c) NGSO MSS satellites operating inthis frequency band shall compensatefor nodal regression due to the oblateshape of the Earth, and thus maintain


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constant successive sub-satelliteground tracks on the surface of theEarth.

(d) NGSO MSS systems applying touse the 29.25–29.5 GHz band, for feederlink earth station uplink, will have todemonstrate that their system canshare with the authorized U.S. GSO/FSS systems operating in this band.

[61 FR 44181, Aug. 28, 1996]


Subpart D—Technical OperationsSOURCE: 58 FR 13421, Mar. 11, 1993, unless

otherwise noted.

§ 25.271 Control of transmitting sta-tions.

(a) The licensee of a facility licensedunder this part is responsible for theproper operation and maintenance ofthe station.

(b) The licensee of a transmittingearth station licensed under this partshall ensure that a trained operator ispresent on the earth station site, or ata designated remote control point forthe earth station, at all times thattransmissions are being conducted. Nooperator’s license is required for a per-son to operate or perform maintenanceon facilities authorized under this part.

(c) Authority will be granted to oper-ate a transmitting earth station by re-mote control only on the conditionsthat:

(1) The parameters of the trans-missions of the remote station mon-itored at the control point, and theoperational functions of the remoteearth stations that can be controlledby the operator at the control point,are sufficient to insure that the oper-ations of the remote station(s) are attimes in full compliance with the re-mote station authorization(s);

(2) The earth station facilities areprotected by appropriate securitymeasures to prevent unauthorizedentry or operations;

(3) Upon detection by the license, orupon notification from the Commissionof a deviation or upon notification byanother licensee of harmful inter-ference, the operation of the remotestation shall be immediately suspended

by the operator at the control pointuntil the deviation or interference iscorrected, except that transmissionsconcerning the immediate safety of lifeor property may be conducted for theduration of the emergency; and

(4) The licensee shall have availableat all times the technical personnelnecessary to perform expeditiously thetechnical servicing and maintenance ofthe remote stations.

(d) The licensee shall insure that thelicensed facilities are properly securedagainst unauthorized access or usewhenever an operator is not present atthe transmitter.

§ 25.272 General inter-system coordi-nation procedures.

(a) Each space station licensee in theFixed-Satellite Service shall establisha satellite network control centerwhich will have the responsibility tomonitor space-to-Earth transmissionsin its system. This would indirectlymonitor uplink earth station trans-missions in its system and to coordi-nate transmissions in its satellite sys-tem with those of other systems to pre-vent harmful interference incidents or,in the event of a harmful interferenceincident, to identify the source of theinterference and correct the problempromptly.

(b) Each space station licensee shallmaintain on file with the Commissionand with its Laurel, Maryland field of-fice a current listing of the names, ti-tles, addresses and telephone numbersof the points of contact for resolutionof interference problems. Contact per-sonnel should include those responsiblefor resolution of short term, immediateinterference problems at the systemcontrol center, and those responsiblefor long term engineering and tech-nical design issues.

(c) The transmitting earth station li-censee shall provide the operator(s) ofthe satellites, on which the licensee isauthorized to transmit, contact tele-phone numbers for the control centerof the earth station and emergencytelephone numbers for key personnel; acurrent file of these contacts shall bemaintained at each satellite systemcontrol center.


352

47 CFR Ch. I (10–1–96 Edition)§ 25.273

(d) An earth station licensee shall en-sure that each of its authorized earthstations complies with the following:

(1) The earth station licensee shallensure that there is continuouslyavailable means of communications be-tween the satellite network controlcenter and the earth station operatoror its remote control point as des-ignated by the licensee.

(2) The earth station operator shallnotify the satellite network controlcenter and receive permission from thecontrol center before transmitting tothe satellite or changing the basiccharacteristics of a transmission.

(3) The earth station operator shallkeep the space station licensee in-formed of all actual and planned usage.

(4) Upon approval of the satellite net-work control center, the earth stationoperator may radiate an RF carrierinto the designated transponder.Should improper illumination of thetransponder or undue adjacent trans-ponder interference be observed by thesatellite network control center, theearth station operator shall imme-diately take whatever measures areneeded to eliminate the problem.

(5) The space station licensee maydelegate the responsibility and dutiesof the satellite network control centerto a technically qualified user or groupof users, but the space station licenseeshall remain ultimately responsible forthe performance of those duties.

§ 25.273 Duties regarding space com-munications transmissions.

(a) No person shall:(1) Transmit to a satellite unless the

specific transmission is first authorizedby the satellite network control cen-ter;

(2) Conduct transmissions over atransponder unless the operator is au-thorized by the satellite licensee or thesatellite licensee’s successor in inter-est to transmit at that time; or

(3) Transmit in any manner thatcauses unacceptable interference to theauthorized transmission of another li-censee.

(b) Satellite operators shall provideupon request by the Commission andby earth station licensees authorizedto transmit on their satellites relevantinformation needed to avoid unaccept-

able interference to other users, includ-ing the polarization angles for properillumination of a given transponder.

(c) Space station licensees are re-sponsible for maintaining complete andaccurate technical details of currentand planned transmissions over theirsatellites, and shall require that au-thorized users of transponders on theirsatellites, whether by tariff or con-tract, provide any necessary technicalinformation in this regard includingthat required by § 25.272. Based on thisinformation, space station licenseesshall exchange among themselves gen-eral technical information concerningcurrent and planned transmission pa-rameters as needed to identify andpromptly resolve any potential cases ofunacceptable interference betweentheir satellite systems.

(d) Space stations authorized afterMay 10, 1993 which do not satisfy therequirements of § 25.210 may be re-quired to accept greater constraints inresolving interference problems thancomplying ones. The extent of theseconstraints shall be determined on acase-by-case basis.

§ 25.274 Procedures to be followed inthe event of harmful interference.

(a) The earth station operator whosetransmission is suffering harmful in-terference shall first check the earthstation equipment to ensure that theequipment is functioning properly.

(b) The earth station operator shallthen check all other earth stations inthe licensee’s network that could becausing the harmful interference to en-sure that none of the licensee’s earthstations are the source of the inter-ference and to verify that the source ofinterference is not from a local terres-trial source.

(c) After the earth station operatorhas determined that the source of theinterference is not another earth sta-tion operating in the same network orfrom a terrestrial source, the earth sta-tion operator shall contact the sat-ellite system control center and advisethe satellite operator of the problem.The control center operator shall ob-serve the interference incident andmake reasonable efforts to determinethe source of the problem. A record


353


shall be maintained by the control cen-ter operator and the earth station op-erator of all harmful interference inci-dents and their resolution. Theserecords shall be made available to anFCC representative on request.

(d) Where the suspected source of theinterference incident is the operationof an earth station licensed to operateon one or more of the satellites in thesatellite operator’s system, the controlcenter operator shall advise the offend-ing earth station of the harmful inter-ference incident and assist in the reso-lution of the problem where reasonablypossible.

(e) The earth station licensee whoseoperations are suspected of causingharmful interference to the operationsof another earth station shall take rea-sonable measures to determine whetherits operations are the source of theharmful interference problem. Wherethe operations of the suspect earth sta-tion are the source of the interference,the licensee of that earth station shalltake all measures necessary to elimi-nate the interference.

(f) At any point, the system controlcenter operator may contact the Com-mission’s Laurel, Maryland office toassist in resolving the matter. This of-fice specializes in the resolution of sat-ellite interference problems. All licens-ees are required to cooperate fully withthe Commission in any investigation ofinterference problems.

(g) Where the earth station suspectedof causing interference to the oper-ations of another earth station cannotbe identified or is identified as an earthstation operating on a satellite systemother than the one on which the earthstation suffering undue interference isoperating, it is the responsibility of arepresentative of the earth station suf-fering harmful interference to contactthe control center of other satellitesystems.

§ 25.275 Particulars of operation.(a) Radio station authorizations is-

sued under this part will normallyspecify only the frequency bands au-thorized for transmission and/or recep-tion of the station.

(b) When authorized frequency bandsare specified in the station authoriza-tion, the licensee is authorized to

transmit any number of r.f. carriers onany discrete frequencies within an au-thorized frequency band in accordancewith the other terms and conditions ofthe authorization and the requirementsof this part. Specific r.f. carrier fre-quencies within the authorized fre-quency band shall be selected by the li-censee to avoid unacceptable levels ofinterference being caused to otherearth, space or terrestrial stations.Any coordination agreements, both do-mestic and international, concerningspecific frequency usage constraints,including non-use of any particular fre-quencies within the frequency bandslisted in the station authorization, areconsidered to be conditions of the sta-tion authorization.

(c) A license for a transmitting earthstation will normally specify only ther.f. carriers having the highest e.i.r.p.density, the narrowest bandwidth, andthe largest bandwidth authorized fortransmission from that station. Unlessotherwise specified in the station au-thorization, the licensee is authorizedto transmit any other type of carriernot specifically listed which does notexceed the highest e.i.r.p., e.i.r.p. den-sity and bandwidth prescribed for anylisted emission.

(d) Only the most sensitive emis-sion(s) for which protection is being af-forded from interference in the author-ized receive frequency band(s) will bespecified in the station authorization.

§ 25.276 Points of communication.(a) Unless otherwise specified in the

station authorization, an earth stationis authorized to transmit to any spacestation in the same radio service pro-vided that permission has been re-ceived from the space station operatorto access that space station.

(b) Space stations licensed under thispart are authorized to provide serviceto earth stations located within thespecified service area. Coastal waterswithin the outer continental shelf shallbe considered to be included within theservice area specified by the namedland mass.

(c) Transmission to or from foreignpoints over space stations in the Fixed-Satellite Service, other than those op-erated by the International Tele-communications Satellite Organization


354

47 CFR Ch. I (10–1–96 Edition)§ 25.277

and Inmarsat, are subject to the poli-cies set forth in the Report and Order,adopted January 19, 1996 in IB DocketNo. 95–41.


§ 25.277 Temporary fixed earth stationoperations.

(a) When an earth station in theFixed-Satellite Service is to remain ata single location for fewer than 6months, the location may be consid-ered to be temporary fixed. Servicesprovided at a single location which areinitially known to be of longer than sixmonths’ duration shall not be providedunder a temporary fixed authorization.

(b) When a station, authorized as atemporary fixed earth station, is to re-main at a single location for more thansix months, application for a regularstation authorization at that locationshall be filed at least 30 days prior tothe expiration of the six-month period.

(c) The licensee of an earth stationwhich is authorized to conduct tem-porary fixed operations in bands sharedco-equally with terrestrial fixed sta-tions shall provide the following infor-mation to the licensees of all terres-trial facilities lying within the coordi-nation contour of the proposed tem-porary fixed earth station site beforebeginning transmissions:

(1) The name of the person operatingthe station and the telephone numberat which the operator can be reacheddirectly;

(2) The exact frequency or fre-quencies used and the type of emissionsand power levels to be transmitted; and

(3) The commencement and antici-pated termination dates of operationfrom each location.

(d) Transmissions may not be com-menced until all affected terrestrial li-censees have been notified and theearth station operator has confirmedthat unacceptable interference will notbe caused to such terrestrial stations.

(e) Operations of temporary fixedearth stations shall cease immediatelyupon notice of harmful interferencefrom the Commission or the affected li-censee.

§ 25.278 Additional Coordination Obli-gation for Non-Geostationary andGeostationary Satellite Systems InFrequencies Allocated to the Fixed-Satellite Service.

Licensees of non-geostationary sat-ellite systems that use frequency bandsallocated to the fixed-satellite servicefor their feeder link operations shallcoordinate their operations with li-censees of geostationary fixed-satelliteservice systems licensed by the Com-mission for operation in the same fre-quency bands. Licensees of geo-stationary fixed-satellite service sys-tems in the frequency bands that arelicensed to non-geostationary satellitesystems for feeder link operations shallcoordinate their operations with the li-censees of such non-geostationary sat-ellite systems.

[59 FR 53330, Oct. 21, 1994]

§ 25.279 Inter-satellite service.(a) Any non-geostationary satellite

communicating with other space sta-tions may use frequencies in the inter-satellite service as indicated in § 2.106.This does not preclude the use of otherfrequencies for such purposes as pro-vided for in several service definitions,e.g., FSS. The technical details of theproposed inter-satellite link shall beprovided in accordance with § 25.114(c).

(b) Operating conditions. In order toensure compatible operations with au-thorized users in the frequency bandsto be utilized for operations in theinter-satellite service, these inter-sat-ellite service systems must operate inaccordance with the conditions speci-fied in this section.

(1) Coordination requirements with fed-eral government users. (i) In frequencybands allocated for use by the inter-satellite service that are also author-ized for use by agencies of the federalgovernment, the federal use of fre-quencies in the inter-satellite servicefrequency bands is under the regu-latory jurisdiction of the NationalTelecommunications and InformationAdministration (NTIA).

(ii) The Commission will use its ex-isting procedures to reach agreementwith NTIA to achieve compatible oper-ations between federal governmentusers under the jurisdiction of NTIAand inter-satellite service systems


355


through frequency assignment and co-ordination practice established byNTIA and the Interdepartment RadioAdvisory Committee (IRAC). In orderto facilitate such frequency assign-ment and coordination, applicantsshall provide the Commission with suf-ficient information to evaluate electro-magnetic compatibility with the fed-eral government users of the spectrum,and any additional information re-quested by the Commission. As part ofthe coordination process, applicantsshall show that they will not cause in-terference to authorized federal gov-ernment users, based upon existing sys-tem information provided by the gov-ernment. The frequency assignmentand coordination of the satellite sys-tem shall be completed prior to grantof construction authorization.

(2) Coordination among inter-satelliteservice systems. Applicants for authorityto establish inter-satellite service areencouraged to coordinate their pro-posed frequency usage with existingpermittees and licensees in the inter-satellite service whose facilities couldbe affected by the new proposal interms of frequency interference or re-stricted system capacity. All affectedapplicants, permittees, and licensees,shall at the direction of the Commis-sion, cooperate fully and make everyreasonable effort to resolve technicalproblems and conflicts that may in-hibit effective and efficient use of theradio spectrum; however, the permitteeor licensee being coordinated with isnot obligated to suggest changes or re-engineer an applicant’s proposal incases involving conflicts.

[59 FR 53331, Oct. 21, 1994]

Subpart E—DevelopmentalOperations

§ 25.300 Developmental operation.

(a) Scope of service: Communication-Satellite developmental stations willbe permitted to conduct the followingtypes of operations:

(1) The development of new tech-niques which give promise of improve-ment in the space radiocommunicationservice;

(2) The development and testing ofequipment intended for use in thespace radiocommunication service;

(3) Path loss tests necessary to thelocation of newly proposed earth sta-tions in the space radiocommunicationservice.

(b) Eligibility: An authorization fordevelopmental operation of a station inthe space radiocommunication servicemay be issued only to qualified partieswho make a showing that they may bereasonably expected to contribute tothe development of the spaceradiocommunication service.

(c) Forms to be used: A separate ap-plication for construction permit shallbe submitted on FCC Form 493 for eachearth station. No form is used for spacestations. See § 25.114 for information tobe supplied in space station applica-tions.

(d) Showing required: Each applicationfor developmental operation shall beaccompanied by a showing that:

(1) The applicant has an organizedplan leading to a specific objective inthe development of the spaceradiocommunication service.

(2) A point has been reached in theprogram where transmission by radiowill be essential to the further progressthereof.

(3) The public interest, convenience,or necessity will be served by the pro-posed operation.

(4) In the event that the applicantseeks authority to construct and oper-ate a space station, capable of beingplaced in earth orbit and communicat-ing with earth stations, the Commis-sion may require a statement whichdiscloses that arrangements have beenmade between the applicant and an en-tity authorized to operate an earth sta-tion for transmission of communica-tions signals to or reception of commu-nications signals from such earth sta-tion.

(5) In the event that the applicantseeks authority to construct and oper-ate an earth station capable of operat-ing with a space station, the Commis-sion may require a statement whichdiscloses that arrangements have been


356

47 CFR Ch. I (10–1–96 Edition)§ 25.300

made between the applicant and an en-tity authorized to operate a space sta-tion for transmission of communica-tions signals to or reception of commu-nications signals from such space sta-tion.

(e) Supplementary statement required:Every application for authority to en-gage in developmental operation shallbe accompanied by a statement signedby the applicant in which it is agreedthat any authorization issued pursuantthereto will be accepted with the ex-press understanding of the applicantthat it is subject to change in any ofits terms or to cancellation in its en-tirety at any time, upon reasonable no-tice but without hearing, if, in theopinion of the Commission, cir-cumstances should so require.

(f) Frequencies available for assign-ment: Stations engaged in developmen-tal operations may be authorized touse frequencies allocated to the spaceradiocommunication service. When de-velopment earth stations propose tooperate in bands shared with terres-trial stations, the applicant for a devel-opmental earth station authorizationshall comply with the coordination re-quirements of § 25.203. Applications pro-posing the operation or performancetesting of communication-satellitespace stations on the ground must in-clude a showing that harmful inter-ference will not be caused to the oper-ation of licensed terrestrial stations.Requests for frequencies other thanthose allocated to the spaceradiocommunication service must besupported by a showing that the allo-cated frequencies are unsuitable. Suchapplications must be accompanied by apetition requesting the allocation offrequencies for the use proposed to bemade by the applicant, and settingforth the reasons in support of suchuse.

(g) Interference: The operation of anystation engaged in developmental oper-ations shall be subject to the conditionthat no harmful interference is causedto the operation of stations authorizedon a regular basis under the provisionsof this chapter.

(h) Each application for developmen-tal operation proposing construction ofone or more earth station antennas oralteration of the overall height of one

or more existing earth station anten-nas, where FAA notification prior tosuch construction or alteration is re-quired by part 17 of this chapter, mustinclude the FCC Antenna StructureRegistration Number(s) for the affectedsatellite earth station antenna(s). If nosuch number has been assigned at thetime the application is filed, the appli-cant must state in the applicationwhether the satellite earth station an-tenna owner has notified the FAA ofthe proposed construction or alterationand applied to the FCC for an AntennaStructure Registration Number in ac-cordance with part 17 of this chapter.Applications proposing construction ofone or more earth station antennas oralteration of the overall height of noneor more existing earth station anten-nas, where FAA notification prior tosuch construction or notification or al-teration is not required by part 17 ofthis chapter, must indicate such and,unless the satellite earth station an-tenna is 6.10 meters or less aboveground level (AGL), must contain astatement explaining why FAA notifi-cation is not required.

(i) Limitations on use: Stations usedfor developmental operation shall beconstructed and used in such a manneras to conform with all of the technicaland operating requirements of this partunless deviation therefrom is specifi-cally provided in the instrument of au-thorization. The rendition of commu-nication service for hire is not per-mitted under any developmental au-thorization unless specifically author-ized by this Commission.

(j) Special provisions: Where somephases of the developmental programsare not covered by the provisions ofthis chapter, the Commission mayspecify supplemental or additional re-quirements or conditions in each case,as deemed necessary in the public in-terest, convenience or necessity. TheCommission may from time to time re-quire a station engaged in developmen-tal work to conduct such special testsas it finds are reasonable or desirablein connection with the authorized de-velopmental program.

(k) Term of authorization: Licenses fordevelopmental operation shall be is-sued for a term of 1 year, renewable


357


upon request, pursuant to the provi-sions of paragraph (o) of this section.

(l) Report of operation: A report on theresult of the developmental programshall be filed within 60 days of the expi-ration of the authorization. A licenseemay request that its reports and asso-ciated material not be made public andthe Commission will determine wheth-er, in the light of applicable provisionsof law and the requirements of the pub-lic interest, such request will be grant-ed. The report shall include com-prehensive and detailed information onthe following:

(1) The final objective.(2) Analysis of the results of oper-

ation obtained to date.(3) Number of hours of operation on

each frequency.(4) Copies of any published reports.(m) Renewal of license: If the devel-

opmental program cannot be concludedduring the license term an applicationfor renewal of license should be sub-mitted on FCC Form 405 within 90 daysbut not later than 30 days prior to theend of the license term. The report ofoperation as provided in paragraph (n)of this section and in addition, a state-ment in which the need for continu-ation of the program is clearly ex-plained, should be attached. In anycase in which the licensee has in ac-cordance with the provisions of thechapter, made timely and sufficient ap-plication for renewal of license, no li-cense with reference to any activity ofcontinuing nature shall expire untilthe disposition of such applicationshall have been finally determined.

[32 FR 321, Jan. 12, 1967, as amended at 38 FR8580, Apr. 4, 1973; 55 FR 20397, May 16, 1990;Redesignated and amended at 56 FR 24024,May 28, 1991; 61 FR 4367, Feb. 6, 1996]

§ 25.308 Automatic Transmitter Identi-fication System (ATIS).

All satellite uplink transmissionscarrying broadband video informationshall be identified through the use ofan automatic transmitter identifica-tion system as specified below.

(a) Effective March 1, 1991, all sat-ellite video uplink facilities shall beequipped with an ATIS encoder meet-ing the specifications set forth in para-graph (d) of this section.

(b) All video uplink facilities utiliz-ing a transmitter manufactured on orafter March 1, 1991 shall be equippedwith an ATIS encoder meeting the per-formance specifications set forth inparagraph (d) of this section and theencoder shall be integrated into theuplink transmitter chain in a methodthat cannot easily be defeated.

(c) The ATIS signal shall be a sepa-rate subcarrier which is automaticallyactivated whenever any RF emissionsoccur. The ATIS information shall con-tinuously repeat.

(d) The ATIS signal shall consist ofthe following:

(1) A subcarrier signal generated at afrequency of 7.1 MHz +/¥ 25 KHz and in-jected at a level no less than ¥26 dB(referenced to the unmodulated car-rier). The subcarrier deviation shallnot exceed 25 kHz peak deviation.

(2) The protocol shall be Inter-national Morse Code keyed by a 1200 Hz+/¥ 800 Hz tone representing a markand a message rate of 15 to 25 words perminute. The tone shall frequency mod-ulate the subcarrier signal.

(3) The ATIS signal as a minimumshall consist of the following:

(i) The FCC assigned earth stationcall sign;

(ii) A telephone number providingimmediate access to personnel capableof resolving ongoing interference or co-ordination problems with the station;

(iii) A unique ten digit serial numberof random number code programmedinto the ATIS device in a permanentmanner such that it cannot be readilychanged by the operator on duty;

(iv) Additional information may beincluded within the ATIS data streamprovided the total message length, in-cluding ATIS, does not exceed 30 sec-onds.

[55 FR 21551, May 25, 1990]

Subparts F–G [Reserved]

Subpart H—Authorization To OwnStock in the CommunicationsSatellite Corporation

SOURCE: 28 FR 13037, Dec. 5, 1963, unlessotherwise noted.


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47 CFR Ch. I (10–1–96 Edition)§ 25.501

§ 25.501 Scope of this subpart.The provisions of this subpart govern

the administration of section 304 of theCommunications Satellite Act of 1962.These rules provide the procedure bywhich Commission authorization maybe obtained for the purchase of stock inthe corporation, the form and contentof the application, and the scope of theauthorization which may be granted.

§ 25.502 Definitions.(a) Communications common carrier.

See § 25.103(a).(b) Authorized carrier. For the pur-

poses of this subpart, the term ‘‘au-thorized carrier’’ means a communica-tions common carrier which is specifi-cally authorized or which is a memberof a class of carriers authorized by theCommission to own shares of stock inthe corporation.

§§ 25.503—25.504 [Reserved]

§ 25.505 Persons requiring authoriza-tion.

(a) No communications common car-rier, as defined in § 25.103(a), shall pur-chase, obtain, own, or otherwise holdat any time, either directly or indi-rectly through a subsidiary or affili-ated company, nominee, person orother entity subject to its control ordirection, shares of stock in the cor-poration created pursuant to the Com-munications Satellite Act of 1962 un-less authorized to do so by the Com-mission.

(b) No individual, partnership, asso-ciation, joint-stock company, trust,corporation, or other entity whichowns or controls, directly or indirectly,or is under direct or indirect commoncontrol with, any such carrier, shallpurchase, obtain, own, or otherwisehold, at any time, shares of stock inthe corporation in its own name orright unless authorization previouslyshall have been obtained from theCommission by such entity or on be-half of such entity.

§§ 25.506—25.514 [Reserved]

§ 25.515 Method of securing authoriza-tion.

Any person, corporation, or other en-tity, described in § 25.505, desiring au-

thorization to purchase, obtain, own,or otherwise hold shares of stock in thecorporation, shall file an applicationtherefor with the Commission in ac-cordance with §§ 25.520–25.525.

§§ 25.516—25.519 [Reserved]

§ 25.520 Contents of application.

Every request for authorization sub-mitted under this subpart shall containor incorporate the following informa-tion:

(a) If applicant is a corporation:(1) The name and address of the ap-

plicant.(2) Place of incorporation.(3) Names and addresses of directors

of applicant.(4) Names and addresses of appli-

cant’s ten principal stockholders andpercentages of stock of applicantowned by each.

(5) Names and addresses of principalofficers of applicant and percentage ofstock of applicant owned by each.

(6) A copy of applicant’s annual re-port to stockholders for the last fullyear of its operations covered by suchreport.

(7) A copy of applicant’s corporatecharter. (If such charter is already onfile with the Commission, applicantmay so state.)

(8) Names and addresses of all compa-nies in which applicant has financialinterests, the nature and extent of suchinterests, and a description of the prin-cipal business and activities of suchcompanies.

(9) Description of the intrastate,interstate, and foreign communicationservices rendered by applicant itself orjointly with other carriers, and thestate or states or other political sub-divisions in which applicant’s oper-ations are conducted.

(10) Statement of why applicant be-lieves a grant of its application will beconsistent with the public interest,convenience, and necessity.

(b) If applicant is an individual orbusiness organization other than a cor-poration:

(1) Name and address of the appli-cant.


359


(2) Name and address of each personhaving a financial interest in the en-tity and a description of the nature andextent of such interest.

(3) Principal place of business of ap-plicant.

(4) Copy of applicant’s balance sheetand income statement for the last fullyear of applicant’s operations.

(5) Description of the intrastate,interstate, and foreign communica-tions services rendered by applicant it-self or jointly with other carriers andthe state or states or other politicalsubdivisions in which applicant’s oper-ations are conducted.

(6) Statement of why applicant be-lieves a grant of its application will beconsistent with the public interest,convenience, and necessity.

(c) If application is made on behalf ofany entity other than the applicant it-self, the application shall so state andshall include or incorporate the infor-mation for said entity specified inparagraph (a) or (b) of this section asappropriate.

§ 25.521 Who may sign applications.

(a) Except as provided in paragraph(b) of this section, every application oramendment thereto shall be personallysigned by the applicant, if the appli-cant is an individual; by one of thepartners, if the applicant is a partner-ship; by an officer if the applicant is acorporation; or by a member who is anofficer, if the applicant is an unincor-porated association.

(b) Applications and amendmentsthereto may be signed by the appli-cant’s attorney in case of the appli-cant’s physical disability, or in casethe applicant does not reside in any ofthe contiguous 48 states of the UnitedStates or in the District of Columbia.The attorney shall in that event sepa-rately set forth the reason why the ap-plication is not signed by the appli-cant. In addition, if any matter is stat-ed on the basis of the attorney’s beliefonly (rather than his knowledge), heshall separately set forth his reasonsfor believing that such statements aretrue.

(c) Only the original of applicationsand amendments thereto need besigned; copies may be conformed.

(d) Applications and amendmentsthereto need not be signed under oath;however, willful false statements madetherein, are punishable by fine and im-prisonment, U.S. Code, Title 18, section1001, and by appropriate administrativesanctions, including refusal or revoca-tion of authorization to purchase, ob-tain, own, or otherwise hold shares ofstock in the corporation.

§ 25.522 Full disclosures.Each application shall contain full

and complete disclosures with regardto the real party or parties in interestand as to all matters and things re-quired to be disclosed in the applica-tion.

§ 25.523 Form of application, numberof copies, fees, etc.

(a) The original application and fivecopies thereof shall be filed with theCommission. Each copy shall bear thedates and signatures that appear onthe original and shall be complete initself.

(b) All applications shall be on paper8 by 101⁄2 inches with left hand marginnot less than 11⁄2 inches wide. The im-pression shall be on one side of thepaper only and shall be double spaced.All applications and accompanying pa-pers, except charts, shall be type-written or prepared by mechanicalprocessing methods. All copies must beclearly legible.

[28 FR 13037, Dec. 5, 1963, as amended at 52FR 5294, Feb. 20, 1987]

§ 25.524 [Reserved]

§ 25.525 Action upon applications.No application filed under this sub-

part will be granted by the Commissionearlier than 20 days following issuanceof public notice by the Commission ofthe acceptance for filing of such appli-cation or any substantial amendmentthereto. Any interested party may filecomments with respect to the applica-tion (or amendment thereto) withinthis 20-day period. Such commentsmust also be served on the applicantwho shall be afforded 10 days in whichto file reply comments. If upon exam-ination of any such application (oramendment thereto) together with anycomments filed with respect thereto


360

47 CFR Ch. I (10–1–96 Edition)§ 25.526

the Commission is unable to make afinding that a grant of authorizationwill be consistent with the public in-terest, convenience, and necessity, itwill deny the application or institutesuch further proceedings as in its dis-cretion appear appropriate.

§ 25.526 Amendments.

The Commission may at any timeorder or require the applicant to amendhis application so as to make it moredefinite and certain or to submit suchadditional documents, or statements,as in the judgment of the Commissionmay be necessary.

§ 25.527 Defective applications.

(a) Applications not in accordancewith the applicable rules in this chap-ter may be deemed defective and re-turned by the Commission without ac-ceptance of such applications for filingand consideration.

(b) The assignment of a file number,if any, to an application is for the ad-ministrative convenience of the Com-mission and does not indicate the ac-ceptance of the application for filingand consideration.

§§ 25.528—25.529 [Reserved]

§ 25.530 Scope of authorization.

(a) In order to effectuate the purposeof the Communications Satellite Act of1962 of promoting the widest possibledistribution of stock among the au-thorized carriers, each authorizationissued pursuant to this subpart by theCommission shall be so conditionedthat in the event any voting stock au-thorized to be issued by the corpora-tion, which is reserved and availablefor purchase by authorized carriers, isoversubscribed, the Commission mayspecify the dollar amount or percent-age of such stock which may be pur-chased pursuant to such authorization.

(b) All authorizations shall be issuedto, or on behalf of the named applicantand shall not be transferable.

(c) The Commission may attach suchother conditions to the authorizationas it determines to be consistent withthe public interest, convenience, andnecessity.

§ 25.531 Revocation of authorization.Where any person to whom an au-

thorization has been issued pursuant tothis subpart has willfully failed tomake a complete disclosure with re-gard to the real party or parties in in-terest or as to all matters and thingsrequired to be disclosed in the applica-tion, the Commission at any time mayorder such person to show cause whysuch authorization should not be re-voked. Such person will be given rea-sonable opportunity to respond in writ-ing to the order to show cause. Uponconsideration of the response, the Com-mission will determine whether anorder of revocation should issue orwhether further proceedings, as may beappropriate, should be instituted. If anorder of revocation is issued, imme-diate disposition shall be made of theshares of stock purchased or otherwiseobtained pursuant to said authoriza-tion.

Subpart I—Equal EmploymentOpportunities

§ 25.601 Equal employment oppor-tunity requirement.

Notwithstanding other EEO provi-sions within § 1.815 of this chapter, anentity that uses an owned or leasedfixed satellite service facility (operat-ing under this part) to provide morethan one channel of video program-ming directly to the public must com-ply with the equal employment oppor-tunity requirements set forth in part76, subpart E of this chapter, if such en-tity exercises control (as defined inpart 76, subpart E of this chapter) overthe video programming it distributes.

[58 FR 42249, Aug. 9, 1993]

PART 26—GENERAL WIRELESSCOMMUNICATIONS SERVICE

Subpart A—General Information

Sec.26.1 Basis and purpose.26.2 Other applicable rule parts.26.3 Permissible communications.26.4 Terms and definitions.

Subpart B—Applications and Licenses

26.11 Initial authorization.


Documents

COMMUNICATIONS PART 25—SATELLITE289 Federal Communications Commission 25.104 satellite earth station complex in-cludes transmitters, receivers, and communications antennas at the