Satellite License Procedures, 15392-15400 [2010-6791]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Proposed Rules]
[Pages 15392-15400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6791]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 06-154; FCC 10-21]


Satellite License Procedures

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In the Notice of Proposed Rulemaking (Notice), the Commission 
invites comment on several revisions to its satellite and earth station 
licensing rules. The intended purpose of this proceeding is to clarify 
and update satellite and earth station licensing requirements.

DATES: Comments are due on or before April 28, 2010. Reply comments are 
due on or before May 13, 2010.

ADDRESSES: You may submit comments, identified by IB Docket No. 06-154, 
by any of the following methods:
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street, SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington DC 20554.
     People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an e-mail to fcc504@fcc.gov or 
call the Consumer and Governmental Affairs Bureau at 202-418-0530 
(voice) or 202-418-0432 (TTY). Contact the FCC to request reasonable 
accommodations for filing comments (accessible format documents, sign 
language interpreters, CART, etc.) by e-mail at: FCC504@fcc.gov; phone: 
202-418-0530 or TTY: 202-418-0432.

FOR FURTHER INFORMATION CONTACT: William Bell, Satellite Division, 
International Bureau, (202) 418-0741.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, adopted January 21, 2010 and released January 
26, 2010. The full text of this Commission decision is available for 
inspection and copying during normal business hours in the FCC Public 
Reference Room, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 
20554. The complete text of this decision may also be purchased from 
the Commission's copy contractor, Best Copy and Printing, Inc., Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. It is 
also available on the Commission's Web site at https://www.fcc.gov.
    Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. See Electronic Filing 
of Documents in Rulemaking Proceedings, (63 FR 2421 (May 1, 1998)). 
Comments filed through the ECFS can be sent as an electronic file via 
the Internet to https://www.fcc.gov/e-file/ecfs.html. Generally, only 
one copy of an electronic submission must be filed. If multiple docket 
or rulemaking numbers appear in the caption of this proceeding, 
however, commenters must transmit one electronic copy of the comments 
to each docket or rulemaking number referenced in the caption. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To get filing instructions for e-mail comments, 
commenters should send an e-mail to ecfs@fcc.gov, and should include 
the following words in the body of the message, ``get form .'' A sample form and directions will be sent in reply.
    Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appear in the caption of this proceeding, commenters must submit two 
additional copies for each additional docket or rulemaking number.
    Paperwork Reduction Act: The Notice does not contain any proposed 
new or modified information collection(s).
    Summary of Further Notice of Proposed Rulemaking: In the Notice, 
the Commission proposes a number of revisions to part 25 to eliminate 
provisions that are no longer needed. For example, it proposes to amend 
section 25.201, which defines technical terms for purposes of part 25, 
by deleting definitions of terms that do not appear anywhere else in 
part 25. It also proposes to amend several rule provisions in order to 
eliminate redundant or superfluous text. In addition to eliminating 
rules that are no longer needed, the Commission seeks to clarify a 
number of provisions in part 25 to make those requirements easier for

[[Page 15393]]

applicants and licensees to understand. The Commission also proposes to 
amend a number of rule to delete or correct outdated information and 
cross-references in part 25. The Commission further proposes changes in 
a number of rule provisions to correct grammatical, spelling, or 
typographical errors. Finally, the Commission also invites commenters 
to make additional proposals and suggestions for streamlining and 
clarifying part 25.

Initial Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA) \1\ 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings unless the agency certifies that ``the rule will 
not have a significant economic impact on a substantial number of small 
entities.'' \2\ The RFA generally defines the term ``small entity'' as 
referring to any ``small business,'' ``small organization,'' or ``small 
governmental jurisdiction.'' \3\ The term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\4\ A small business concern is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA).\5\ A small organization is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' \6\ ``Small 
governmental jurisdiction'' generally means governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than 50,000.\7\
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    \1\ The RFA, see 5 U.S.C. 601 et seq., has been amended by the 
Contract With America Advancement Act of 1996, Public Law 104-121, 
110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
    \2\ 5 U.S.C. 605(b).
    \3\ Id. Sec.  601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after the opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \5\ Small Business Act, 15 U.S.C. 632 (1996).
    \6\ 5 U.S.C. 601(4).
    \7\ 5 U.S.C. 601(5).
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    In this Notice, the Commission proposes to amend various provisions 
of its rules pertaining to the licensing and/or operation of radio 
stations used for telecommunication via satellite. The objectives of 
the proposed rule changes are to make the rules in question more 
concise, more coherent, and/or more lucid without changing or 
eliminating existing regulatory requirements. We certify that adoption 
of these proposed rule changes would not have a significant economic 
impact on a substantial number of small entities.
    The Commission will send a copy of the Notice, including a copy of 
this certification, in a report to Congress pursuant to the 
Congressional Review Act.\8\ In addition, the Notice and this 
certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration, and will be published in the Federal 
Register.\9\
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    \8\ 5 U.S.C. 801(a)(1)(A).
    \9\ See 5 U.S.C. 605(b).
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Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 4(i), 7(a), 11, 
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), 
303(r), that this Notice of Proposed Rulemaking in IB Docket No. 06-154 
is hereby adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center shall send a 
copy of this Notice of Proposed Rulemaking, including the initial 
regulatory flexibility act certification, to the Chief Counsel for 
Advocacy of the Small Business Administration, in accordance with 
section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
(1981).

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Bulah P. Wheeler,
Acting Associate Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 25 of the Code 
of Federal Regulations as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309, and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.


Sec.  25.103  [Amended]

    2. In Sec.  25.103, remove and reserve paragraphs (a) through (f).
    3. Revise Sec.  25.109 to read as follows:


Sec.  25.109  Cross-reference.

    (a) Space radiocommunications stations in the following services 
are not licensed under this part:
    (1) For licensing requirements for the Amateur Satellite Service, 
see part 97 of this chapter, but Amateur Satellite Operators must 
comply with Sec.  25.111(b);
    (2) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 80;
    (3) Aircraft earth stations in the Aeronautical Mobile Satellite 
Service, see 47 CFR part 87.
    (b) All space station and earth station operators must comply with 
the applicable provisions of the Table of Frequency Allocations, in 
Sec.  2.106 of this chapter.
    (c) All earth station operators must comply with the applicable 
provisions of part 1, subpart I of this chapter.
    (d) All earth station operators must comply with the applicable 
provisions of part 17 of this chapter.
    4. In Sec.  25.110, revise paragraphs (a) and (c) to read as 
follows:


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

    (a) Applications shall be filed by going online at https://www.fcc.gov/ibfs and submitting the application through the 
International Bureau Filing System (IBFS).
* * * * *
    (c) All correspondence concerning any application must identify:
    (1) The applicant's name,
    (2) The call sign of the space station or earth station, and
    (3) The file number of the application.
* * * * *
    5. In Sec.  25.111, revise paragraph (c) to read as follows:


Sec.  25.111  Additional information.

* * * * *
    (c) In the Direct Broadcast Satellite service, applicants and 
licensees shall also provide the Commission with all information it 
requires in order to modify the plans for the Broadcasting-Satellite 
Service (BSS) in Appendix 30 of the ITU Radio Regulations (RR) and 
associated feeder-link plans in Appendix 30A of the ITU Radio 
Regulations (RR), if the system has technical characteristics differing 
from those specified in the Appendix 30 BSS Plans, the Appendix 30A 
feederlink Plans, Annex 5 to Appendix 30, or Annex 3 to Appendix 30A. 
For such

[[Page 15394]]

systems, no protection from interference caused by radio stations 
authorized by other Administrations is guaranteed until the agreement 
of all affected Administrations is obtained and the frequency 
assignment becomes a part of the appropriate Region 2 BSS and feeder-
link Plans. Authorizations for which coordination is not completed and/
or for which the necessary agreements under Appendices 30 and 30A have 
not been obtained may be subject to additional terms and conditions as 
required to effect coordination or obtain the agreement of other 
Administrations. Applicants and licensees shall also provide the 
Commission with the information required by Appendix 4 of the ITU Radio 
Regulations (RR) for advance publication and notification or 
coordination of the frequencies to be used for tracking, telemetry and 
control functions of DBS systems.
    6. In Sec.  25.113, revise paragraph (a) and remove and reserve 
paragraph (c) to read as follows:


Sec.  25.113  Station licenses and launch authority.

    (a) Construction permits are not required for earth stations. 
Construction of such stations may commence prior to grant of a license 
at the applicant's own risk. Applicants must comply with the provisions 
of 47 CFR 1.1312 relating to environmental processing prior to 
commencing construction.
* * * * *
    7. Amend Sec.  25.115 by revising paragraph (a)(2), removing 
paragraph (a)(3), redesignating paragraph (a)(4) as paragraph (a)(3), 
and by revising newly designated paragraph (a)(3) to read as follows:


Sec.  25.115  Application for earth station authorizations.

    (a) * * *
    (2) Applicants for licenses for transmitting earth station 
facilities are required to file Form 312EZ in the following cases:
    (i) The earth station will operate in the 3700-4200 MHz and 5925-
6425 MHz bands and/or in the 11.7-12.2 GHz and 14.0-14.5 GHz bands; and
    (ii) The earth station will meet all the applicable technical 
specifications set forth in part 25.
    (iii) The earth station is not an ESV.
    (3) Applications for earth station authorizations must be filed in 
accordance with the pleading limitations, periods and other applicable 
provisions of Sec. Sec.  1.41 through 1.52 of this chapter, except that 
such earth station applications must be filed electronically through 
the International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
* * * * *
    8. In Sec.  25.116, revise paragraph (e) to read as follows:


Sec.  25.116  Amendments to applications.

* * * * *
    (e) Any amendment to an application shall be filed electronically 
through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter. 
Amendments to space station applications must be filed on Form 312 and 
Schedule S. Amendments to earth station applications must be filed on 
Form 312 and Schedule B.
    9. Amend Sec.  25.117 by adding paragraphs (b) and (e), and 
revising paragraph (c) to read as follows:


Sec.  25.117  Modification of station licenses.

* * * * *
    (b) Both earth station and space station modification applications 
must be filed electronically through the International Bureau Filing 
System (IBFS) in accordance with the applicable provisions of part 1, 
subpart Y of this chapter.
    (c) Applications for modification of earth station authorizations 
shall be submitted on FCC Form 312, Main Form and Schedule B, but only 
those items that change need to be specified, provided that the 
applicant certifies that the remaining information has not changed.
* * * * *
    (e) Any application for modification of authorization to extend a 
required date of completion, as set forth in Sec.  25.133 for earth 
station authorizations or Sec.  25.164 for space stations, or included 
as a condition of any earth station or space station authorization, 
must include a verified statement from the applicant:
    (1) That states that the additional time is required due to 
unforeseeable circumstances beyond the applicant's control, describes 
these circumstances with specificity, and justifies the precise 
extension period requested; or
    (2) That states there are unique and overriding public interest 
concerns that justify an extension, identifies these interests and 
justifies a precise extension period.
* * * * *
    10. In Sec.  25.119, revise paragraph (b)(2) to read as follows:


Sec.  25.119  Assignment or transfer of control of station 
authorization.

* * * * *
    (b) * * *
    (2) Effect any change in a controlling interest in the ownership of 
the licensee, including changes in legal or equitable ownership.
* * * * *
    11. Amend Sec.  25.134 by revising the section heading and 
paragraph (h), and by removing and reserving paragraph (d), to read as 
follows:


Sec.  25.134  Licensing provisions for Very Small Aperture Terminal 
(VSAT) and C-band Small Aperture Terminal (CSAT) networks.

* * * * *
    (h) VSAT operators licensed pursuant to this section are prohibited 
from using remote earth stations in their networks that are not 
designed to stop transmission when synchronization with the signal 
received from the target satellite fails.
    12. In Sec.  25.137, revise paragraphs (b), (c), and (e) to read as 
follows:


Sec.  25.137  Application requirements for earth stations operating 
with non-U.S. licensed space stations.

* * * * *
    (b) Earth station applicants, or entities filing a ``letter of 
intent'' or ``Petition for Declaratory Ruling,'' requesting authority 
to operate with a non-U.S.-licensed space station must attach to their 
FCC Form 312 exhibits providing legal and technical information for the 
non-U.S.-licensed space station in accordance with part 25, including 
but not limited to Schedule S. Such applications, letters, or petitions 
must be filed electronically through the International Bureau Filing 
System.
    (c) A non-U.S.-licensed NGSO-like satellite system seeking to serve 
the United States can be considered contemporaneously with other U.S. 
NGSO-like satellite systems pursuant to Sec.  25.157 and considered 
before later-filed applications of other U.S. satellite system 
operators, and a non-U.S.-licensed GSO-like satellite system seeking to 
serve the United States can have its request placed in a queue pursuant 
to Sec.  25.158 and considered before later-filed applications of other 
U.S. satellite system operators, if the non-U.S.-licensed satellite 
system:
    (1) Is in orbit and operating;
    (2) Has a license from another administration; or
    (3) Has been submitted for coordination to the International 
Telecommunication Union.
* * * * *
    (e) A non-U.S.-licensed satellite operator that is seeking to serve 
the United States pursuant to a Letter of Intent may amend its request 
by submitting an additional Letter of

[[Page 15395]]

Intent. Such additional Letters of Intent will be treated on the same 
basis as amendments filed by U.S. space station applicants for purposes 
of determining the order in which the Letters of Intent will be 
considered relative to other pending applications.
* * * * *
    13. In Sec.  25.140, revise the section heading and paragraph (a) 
to read as follows:


Sec.  25.140  Qualifications of Fixed Satellite Service and 17/24 GHz 
broadcasting-satellite service space station licensees.

    (a) License applications for new fixed-satellite space stations 
shall comply with the requirements established in Report and Order, CC 
Docket No. 81-704 (available at the address in Sec.  0.445 of this 
chapter). Such applications must also meet the requirements in 
paragraph (b) of this section. The Commission may require additional or 
different information in the case of any individual application. 
Applications will be unacceptable for filing and will be returned to 
the applicant if they do not meet the requirements referred to in this 
paragraph.
* * * * *
    14. In Sec.  25.142, revise paragraphs (a)(2) and (b)(2)(ii) to 
read as follows:


Sec.  25.142  Licensing provisions for the non-voice, non-geostationary 
Mobile Satellite Service.

    (a) * * *
    (2) Applicants for a non-voice, non-geostationary Mobile Satellite 
space station license must identify the power flux density produced at 
the Earth's surface by each space station of their system in the 137-
138 MHz and 400.15-401 MHz frequency bands, to allow determination of 
whether coordination with terrestrial services is required under any 
applicable footnote to the Table of Frequency Allocations in Sec.  
2.106 of this chapter. In addition, applicants must identify the 
measures they would employ to protect the radio astronomy service in 
the 150.05-153 MHz and 406.1-410 MHz bands from harmful interference 
from unwanted emissions.
* * * * *
    (b) * * *
    (2) * * *
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal Government users under the jurisdiction of 
NTIA and non-voice, non-geostationary Mobile Satellite Service systems 
(including user transceivers subject to blanket licensing under Sec.  
25.115(d)) through the frequency assignment and coordination practices 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the Federal 
Government use of the spectrum, and any additional information 
requested by the Commission. As part of the coordination process, 
applicants shall show that they will not cause unacceptable 
interference to authorized Federal Government users, based upon 
existing system information provided by the government. The frequency 
assignment and coordination of the satellite system with Federal 
Government users shall be completed prior to grant of authorization.
* * * * *
    15. In Sec.  25.143, revise paragraph (e)(1)(iii) to read as 
follows:


Sec.  25.143  Licensing provisions for the 1.6/2.4 GHz Mobile Satellite 
Service and 2 GHz Mobile Satellite Service.

* * * * *
    (e) * * *
    (1) * * *
    (iii) A detailed description of the use made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for U.S. domestic transmission, 
the amount of capacity (if any) sold but not in service within U.S. 
territorial geographic areas, and the amount of unused system capacity. 
2 GHz Mobile Satellite systems receiving expansion spectrum as part of 
the unserved areas spectrum incentive must provide a report on the 
actual number of subscriber minutes originating or terminating in 
unserved areas as a percentage of the actual U.S. system use; and
* * * * *
    16. In Sec.  25.145, revise paragraph (c)(1) to read as follows:


Sec.  25.145  Licensing conditions for the Fixed Satellite Service in 
the 20/30 GHz bands.

* * * * *
    (c) * * *
    (1) That the proposed system is capable of providing Fixed 
Satellite Services to all locations as far north as 70[deg] North 
Latitude and as far south as 55[deg] South Latitude for at least 75% of 
every 24-hour period; and
* * * * *
    17. In Sec.  25.146, revise the section heading; paragraphs 
(a)(1)(i), (a)(1)(iii), (a)(2)(i), and (a)(2)(iii); the introductory 
text to paragraph (b); and paragraphs (b)(1)(i), (b)(1)(iii), (e), 
(i)(2), and (i)(3) to read as follows:


Sec.  25.146  Licensing and operating rules for the non-geostationary 
satellite orbit Fixed Satellite Service (NGSO FSS) in the 10.7 GHz to 
14.5 GHz bands.

    (a) * * *
    (1) * * *
    (i) Provide a set of power flux density (PFD) masks, on the surface 
of the Earth, for each space station in the NGSO FSS system. The PFD 
masks shall be generated in accordance with the specification 
stipulated in the most recent version of ITU-R Recommendation BO.1503, 
``Functional Description to be used in Developing Software Tools for 
Determining Conformity of Non-GSO FSS Networks with Limits Contained in 
Article 22 of the Radio Regulations.'' In particular, the PFD masks 
must encompass the power flux density radiated by the space station 
regardless of the satellite transmitter power resource allocation and 
traffic/beam switching strategy that are used at different periods of 
an NGSO FSS system's life. The PFD masks shall be in an electronic form 
that can be accessed by the computer program specified in paragraph 
(a)(1)(iii) of this section.
* * * * *
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDdown 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDdown validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in the most recent version of Recommendation 
ITU-R S.1503. If the applicant uses the ITU approved software, the 
applicant shall indicate the program name and the version used.
* * * * *
    (2) * * *
    (i) Provide a set of NGSO FSS earth station maximum equivalent 
isotropically radiated power (EIRP) masks as a function of the off-axis 
angle generated by an NGSO FSS earth station. The maximum EIRP mask 
shall be generated in accordance with the specification stipulated in 
the most recent version of ITU-R Recommendation BO.1503. In particular, 
the results of calculations encompass what would be radiated regardless 
of the earth station transmitter power resource allocation and traffic/
beam switching strategy are used at different periods of an NGSO FSS 
system's life. The EIRP masks shall

[[Page 15396]]

be in an electronic form that can be accessed by the computer program 
specified in paragraph (a)(2)(iii) of this section.
* * * * *
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDup 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDup validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in the most recent version of Recommendation 
ITU-R S.1503. If the applicant uses the ITU approved software, the 
applicant shall indicate the program name and the version used.
* * * * *
    (b) Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a comprehensive technical 
showing for the non-geostationary satellite orbit Fixed Satellite 
Service (NGSO FSS) system in the 10.7 GHz to 14.5 GHz bands. The 
technical information shall demonstrate that the NGSO FSS system is 
expected not to operate in excess of the additional operational 
EPFDdown limits and the operational EPFDdown 
limits as specified in Sec.  25.208(i) and (j), and notes 2 and 3 to 
Table 1L in Sec.  25.208(l). If the technical demonstration exceeds the 
additional operational EPFDdown limits or the operational 
EPFDdown limits at any test points with the United States 
for domestic service and at any test points out side of the United 
States for international service, the NGSO FSS system licensee shall 
not initiate service to the public until the deficiency has been 
rectified by reducing satellite transmission power or other 
adjustments. This must be substantiated by subsequent technical 
showings. The technical showings consist of the following:
    (1) * * *
    (i) Provide a set of anticipated operational power flux density 
(PFD) masks, on the surface of the Earth, for each space station in the 
NGSO FSS system. The anticipated operational PFD masks could be 
generated by using the method specified in the most recent version of 
ITU-R Recommendation BO.1503. In particular, the anticipated 
operational PFD mask shall take into account the expected maximum 
traffic loading distributions and geographic specific scheduling of the 
actual measured space station antenna patterns (see Sec.  25.210(k)). 
The anticipated operational PFD masks shall also be in an electronic 
form that can be accessed by the computer program contained in 
paragraph (b)(1)(iii) of this section.
* * * * *
    (iii) Provide a computer program for the single-entry additional 
operational EPFDdown verification computation, including 
both the source code and the executable file. This computer program 
could be developed by using the method specified in the most recent 
version of ITU-R Recommendation BO.1503.
* * * * *
    (e) An NGSO FSS system licensee operating a system in compliance 
with the limits specified in Sec.  25.208 (g), (i), (j), (k), (l), and 
(m) shall be considered as having fulfilled its obligations under ITU 
Radio Regulations Article 22.2 with respect to any GSO network. 
However, such NGSO FSS system shall not claim protection from GSO FSS 
and BSS networks operating in accordance with part 25 and the ITU Radio 
Regulations.
* * * * *
    (i) * * *
    (2) A demonstration that the proposed system is capable of 
providing Fixed Satellite Services to all locations as far north as 
70[deg] North Latitude and as far south as 55[deg] South Latitude for 
at least 75 percent of every 24-hour period; and
    (3) Sufficient information on the NGSO FSS system characteristics 
to properly model the system in computer sharing simulations, 
including, at a minimum, NGSO hand-over and satellite switching 
strategies, NGSO satellite antenna gain patterns, and NGSO earth 
station antenna gain patterns. In particular, each NGSO FSS applicant 
must explain the switching protocols it uses to avoid transmitting 
while passing through the geostationary satellite orbit arc, or provide 
an explanation as to how the PFD limits in Sec.  25.208 are met without 
using geostationary satellite orbit arc avoidance. In addition, each 
NGSO FSS applicant must provide the orbital parameters contained in 
section A.4 of Annex 2A to Appendix 4 of the ITU Radio Regulations 
(2008). Further, each NGSO FSS applicant must provide a sufficient 
technical showing to demonstrate that the proposed non-geostationary 
satellite orbit system meets the PFD limits contained in Sec.  25.208, 
as applicable, and
* * * * *
    18. Revise Sec.  25.150 to read as follows:


Sec.  25.150  Receipt of applications.

    Applications received by the Commission are given a file number and 
a unique station identifier for administrative convenience. Neither the 
assignment of a file number and/or other identifier nor the listing of 
the application on public notice as received for filing indicates that 
the application has been found acceptable for filing or precludes 
subsequent return or dismissal of the application if it is found to be 
defective or not in accordance with the Commission's rules.
    19. Amend Sec.  25.201 as follows:
    a. Remove the definitions ``Active satellite,'' ``Base earth 
station,'' ``Passive satellite,'' ``Space operation service,'' ``Space 
telecommand,'' ``Space telemetering,'' ``Space tracking,'' and 
``Structural attenuation'';
    b. Revise the definitions of ``Equivalent power flux density,'' 
``Fixed earth station,'' ``Fixed Satellite Service,'' ``2 GHz Mobile 
Satellite Service,'' ``Mobile Satellite Service,'' ``Power spectral 
density,'' ``Protection areas,'' and ``Routine processing or 
licensing.''
    c. Add definitions of ``Feeder link,'' ``Mobile earth terminal,'' 
and ``1.5/1.6 GHz Mobile Satellite Service'' in numerical and 
alphabetical order.
    The additions and revisions read as follows:


Sec.  25.201   Definitions.

    1.5/1.6 GHz Mobile Satellite Service. Mobile Satellite Service 
provided in any portions of the 1525-1559 MHz downlink band and the 
1626.5-1660.5 MHz uplink band, which are referred to in this rule part 
as the ``1.5/1.6 GHz MSS bands.''
    2 GHz Mobile Satellite Service. A Mobile Satellite Service that is 
operated in the 2000-2020 MHz and 2180-2200 MHz frequency bands, or in 
any portion thereof.
* * * * *
    Equivalent power flux density. Equivalent power flux density (EPFD) 
is the sum of the power flux-densities produced at a geostationary 
satellite orbit (GSO) receive earth or space station on the Earth's 
surface or in the geostationary satellite orbit, as appropriate, by all 
the transmit stations within a non-geostationary satellite orbit Fixed 
Satellite Service (NGSO FSS) system, taking into account the off-axis 
discrimination of a reference receiving antenna assumed to be pointing 
in its nominal direction. The equivalent power flux density, in dB(W/m 
\2\) in the reference bandwidth, is calculated using the following 
formula:

[[Page 15397]]

[GRAPHIC] [TIFF OMITTED] TP29MR10.004

Where:

Na is the number of transmit stations in the non-geostationary 
satellite orbit system that are visible from the GSO receive station 
considered on the Earth's surface or in the geostationary satellite 
orbit, as appropriate;
i is the index of the transmit station considered in the non-
geostationary satellite orbit system;
Pi is the RF power at the input of the antenna of the transmit 
station, considered in the non-geostationary satellite orbit system 
in dBW in the reference bandwidth;
[thetas]i is the off-axis angle between the boresight of the 
transmit station considered in the non-geostationary satellite orbit 
system and the direction of the GSO receive station;
Gt([thetas]i) is the transmit antenna gain (as a ratio) of the 
station considered in the non-geostationary satellite orbit system 
in the direction of the GSO receive station;
di is the distance in meters between the transmit station considered 
in the non-geostationary satellite orbit system and the GSO receive 
station;
[Phi]i is the off-axis angle between the boresight of the antenna of 
the GSO receive station and the direction of the ith transmit 
station considered in the non-geostationary satellite orbit system;
Gr([Phi]i) is the receive antenna gain (as a ratio) of the GSO 
receive station in the direction of the ith transmit station 
considered in the non-geostationary satellite orbit system;
Gr,max is the maximum gain (as a ratio) of the antenna of 
the GSO receive station.

    Feeder link. A radio link from a fixed earth station to a space 
station, or vice versa, conveying information for a space radio-
communication service other than the Fixed Satellite Service.
    Fixed earth station. An earth station intended to be used at a 
fixed position. The position may be a specified fixed point or any 
fixed point within a specified area.
    Fixed Satellite Service. A radiocommunication service between fixed 
earth stations when one or more satellites are used. The Fixed 
Satellite Service also includes feeder links for other space 
radiocommunication services.
* * * * *
    Mobile Earth Terminal (MET). Mobile earth station.
    Mobile Satellite Service (MSS). A radiocommunication service:
    (1) Between mobile earth stations and one or more space stations, 
or between space stations used by this service; or
    (2) Between mobile earth stations, by means of one or more space 
stations. (RR)
* * * * *
    Power spectral density. The amount of an emission's transmitted 
carrier power applied at the antenna input falling within the stated 
bandwidth. The units of power spectral density are watts per hertz and 
are generally expressed in decibel form as dB(W/Hz) when measured in a 
1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz bandwidth, or dB(W/
1MHz) when measured in a 1 MHz bandwidth.
    Protection areas. The geographic regions on the surface of the 
Earth where U.S. Department of Defense meteorological satellite systems 
or National Oceanic and Atmospheric Administration meteorological 
satellite systems, or both such systems, are receiving signals from low 
earth orbiting satellites. Also, geographic areas around Ka-band 
feeder-link earth stations in the 1.6/2.4 GHz Mobile Satellite Service 
are determined in the manner specified in Sec.  25.203(j).
* * * * *
    Routine processing or licensing. A licensing process whereby 
applications are processed in an expedited manner. To be eligible for 
routine processing, an application must be complete in all regards, 
must be consistent with all Commission Rules, and must not raise any 
policy issues. With respect to fixed earth station licensing (including 
temporary fixed stations), an application is ``routine'' only if it is 
for an individual earth station that conforms to all applicable 
provisions of the Commission's rules pertaining to antenna performance, 
power, frequency coordination, radiation hazard, and FAA notification, 
and accesses only ``Permitted Space Station List'' satellites in the 
conventional C-band or Ku-band frequency bands.
* * * * *
    20. In Sec.  25.202, revise paragraphs (a)(1) and (a)(4)(iii)(A) to 
read as follows:


Sec.  25.202   Frequencies, frequency tolerance and emission 
limitations.

    (a)(1) Frequency band. The following frequencies are available for 
use by the Fixed Satellite Service. Precise frequencies and bandwidths 
of emission shall be assigned on a case-by-case basis. The Table 
follows:

------------------------------------------------------------------------
           Space-to-earth (GHz)                 Earth-to-space (GHz)
------------------------------------------------------------------------
3.65-3.7 17...............................  5.925-6.425 1
3.7-4.2 1.................................  12.75-13.25 1 12 14
10.7-10.95 1 2 12.........................  13.75-14 4 12
10.95-11.2 1 2 12.........................  14-14.2 5
11.2-11.45 1 2 12.........................  14.2-14.5
11.45-11.7 1 2 12.........................  17.3-17.8 9
11.7-12.2 3...............................  27.5-28.35 24
12.2-12.7 13..............................  28.35-28.6 19 23
18.3-18.58 10 24 25.......................  28.6-29.1 20 23
18.58-18.8 6 10 11........................  29.1-29.25 21 23
18.8-19.3 7 10............................  29.25-29.5 22 23
19.3-19.7 8 10............................  29.5-30.0 19
19.7-20.2 10..............................  47.2-50.2 1
24.75-25.05 18............................
25.05-25.25 1 18..........................
37.5-40 15 16.............................
37.6-38.6.................................
40-42 16..................................
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radiocommunication
  services.
\2\ Use of this band by geostationary satellite orbit satellite systems
  in the Fixed Satellite Service is limited to international systems,
  i.e., other than domestic systems.
\3\ Fixed-satellite transponders may be used additionally for
  transmissions in the broadcasting-satellite service.
\4\ This band is shared on an equal basis with the Government
  radiolocation service and grandfathered space stations in the Tracking
  and Data Relay Satellite System.
\5\ In this band, stations in the radionavigation service shall operate
  on a secondary basis to the Fixed Satellite Service.
\6\ The band 18.58-18.8 GHz is shared co-equally with existing
  terrestrial radiocommunication systems until June 8, 2010.
\7\ The band 18.8-19.3 GHz is shared co-equally with terrestrial
  radiocommunication services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
  radiocommunication systems.
\8\ The use of the band 19.3-19.7 GHz by the Fixed Satellite Service
  (space-to-Earth) is limited to feeder links for the Mobile Satellite
  Service.
\9\ The use of the band 17.3-17.8 GHz by the Fixed Satellite Service
  (Earth-to-space) is limited to feeder links for broadcasting-satellite
  service, and the sub-band 17.7-17.8 GHz is shared co-equally with
  terrestrial fixed services.
\10\ This band is shared co-equally with the Federal Government Fixed
  Satellite Service.
\11\ The band 18.6-18.8 GHz is shared co-equally with the non-Federal
  Government and Federal Government Earth exploration-satellite
  (passive) and space research (passive) services.
\12\ Use of this band by non-geostationary satellite orbit systems in
  the Fixed Satellite Service is limited to gateway earth station
  operations.
\13\ Use of this band by the Fixed Satellite Service is limited to non-
  geostationary satellite orbit systems.
\14\ Use of this band by NGSO FSS gateway earth station uplink
  operations is subject to the provisions of Sec.   2.106 NG53.

[[Page 15398]]

 
\15\ Use of this band by the Fixed Satellite Service is limited to
  gateway earth station operations, provided the licensee under this
  part obtains a license under part 101 of this chapter or an agreement
  from a part 101 licensee for the area in which an earth station is to
  be located. Satellite earth station facilities in this band may not be
  ubiquitously deployed and may not be used to serve individual
  consumers.
\16\ The 37.5-40.0 GHz band is designated as being available for use by
  the fixed and mobile services and the 40.0-42.0 GHz band is designated
  as being available for use by the Fixed Satellite Service.
\17\ FSS earth stations in this band must operate on a secondary basis
  to terrestrial radiocommunication services, except that the band is
  shared co-equally between certain grandfathered earth stations and the
  terrestrial radiocommunication services.
\18\ Use of the 24.7-25.25 GHz band by the Fixed Satellite Service
  (Earth-to-space) is limited to feeder links for the broadcasting
  satellite service, and the 25.05-25.25 GHz sub-band is shared co-
  equally with terrestrial fixed services.
\19\ This band is primary for GSO FSS and secondary for NGSO FSS.
\20\ This band is primary for NGSO FSS and secondary for GSO FSS.
\21\ This band is primary for MSS feeder links and LMDS hub-to-
  subscriber transmission.
\22\ This band is primary for MSS feeder links and GSO FSS.
\23\ This band is internationally allocated for FSS and terrestrial
  radio services on a co-primary basis.
\24\ FSS is secondary to LMDS in this band.
\25\ The band 18.3-18.58 GHz is shared co-equally with existing
  terrestrial radiocommunication systems until November 19, 2012.

* * * * *
    (4) * * *
    (iii)(A) The following frequencies are available for use by the 
1.5/1.6 GHz Mobile Satellite Service:

1525-1559 MHz: space-to-Earth
1626.5-1660.5 MHz: Earth-to-space
* * * * *
    21. In Sec.  25.203, revise paragraphs (g)(2) and (g)(4) to read as 
follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (g) * * *
    (2) In the event that the calculated value of the expected field 
strength exceeds 10 mV/m (-65.8 dBW/m\2\) at the reference coordinates, 
or if there is any question whether field strength levels might exceed 
the threshold value, advance consultation with the FCC to discuss any 
protection necessary should be considered. See Sec.  0.401 of this 
chapter for contact information.
* * * * *
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec.  0.121(c) of this chapter and also meets the criteria outlined in 
paragraphs (g)(2) and (3) of this section.
* * * * *
    22. In Sec.  25.208, revise the introductory text of paragraph (s) 
to read as follows:


Sec.  25.208  Power flux density limits

* * * * *
    (s) In the 40.0-40.5 GHz band, the power flux density at the 
Earth's surface produced by emissions from a space station for all 
conditions and for all methods of modulation shall not exceed the 
following values:
* * * * *
    23. In Sec.  25.209, revise the section heading to read as follows:


Sec.  25.209  Earth station antenna performance standards.

* * * * *
    24. In Sec.  25.210, remove and reserve paragraph (d) and revise 
paragraph (f) and the introductory text of paragraph (k) to read as 
follows:


Sec.  25.210  Technical requirements for space stations in the Fixed 
Satellite Service.

* * * * *
    (f) All space station operation in any Fixed Satellite Service 
frequency band, including feeder links for other space services, and in 
the Broadcasting-Satellite Service in the 17.3-17.8 GHz band (space-to-
Earth), shall employ state-of-the-art full frequency reuse, either 
through the use of orthogonal polarizations within the same beam and/or 
the use of spatially independent beams.
* * * * *
    (k) Antenna measurements of both co-polarized and cross-polarized 
performance must be made on all antennas employed by space stations 
both within and outside the primary coverage area. The results of such 
measurements shall be submitted to the Commission within thirty days 
after preliminary in-orbit testing is completed.
* * * * *
    25. In Sec.  25.211, revise paragraph (e) to read as follows:


Sec.  25.211  Analog video transmissions in the Fixed Satellite 
Services.

* * * * *
    (e) Antennas smaller than those specified in paragraph (d) of this 
section are subject to the provisions of Sec.  25.220. These antennas 
will not be routinely licensed for transmission of full transponder 
services.
* * * * *
    26. Amend Sec.  25.212 by revising the section heading and 
paragraphs (c), (d)(2), (d)(3), and (e), to read as follows:


Sec.  25.212  Narrowband analog transmissions and all digital 
transmissions in the GSO Fixed Satellite Service.

* * * * *
    (c)(1) In the 14.0-14.5 GHz band, an earth station with an antenna 
equivalent diameter of 1.2 meters or greater may be routinely licensed 
for transmission of narrowband analog services with bandwidths up to 
200 kHz if the maximum input power spectral density into the antenna 
does not exceed -8 dBW/4 kHz and the maximum transmitted satellite 
carrier EIRP density does not exceed 17 dBW/4 kHz.
    (2) In the 14.0-14.5 GHz band, an earth station with an antenna 
equivalent diameter of 1.2 meters or greater may be routinely licensed 
for transmission of narrowband and/or wideband digital services, 
including digital video services, if the maximum input spectral power 
density into the antenna does not exceed -14 dBW/4 kHz, and the maximum 
transmitted satellite carrier EIRP density does not exceed +10.0 dBW/4 
kHz.
    (3) Antennas transmitting in the 14.0-14.5 GHz band with a major 
and/or minor axis smaller than 1.2 meters are subject to the provisions 
of either Sec.  25.218 or Sec.  25.220.
    (d) * * *
    (2) For earth stations licensed after March 10, 2005 in the 5925-
6425 MHz band, an earth station with an equivalent diameter of 4.5 
meters or greater may be routinely licensed for transmission of SCPC 
services if the maximum power densities into the antenna do not exceed 
+0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to 200 kHz, 
and do not exceed -2.7 - 10log(N) dBW/4 kHz for digital SCPC carriers. 
For digital SCPC using a frequency division multiple access (FDMA) or 
time division multiple access (TDMA) technique, N is equal to one. For 
digital SCPC using a code division multiple access (CDMA) technique, N 
is the maximum number of co-frequency simultaneously transmitting earth 
stations in the same satellite receiving beam.
    (3) Antennas with an equivalent diameter smaller than 4.5 meters in 
the 5925-6425 MHz band are subject to the provisions of either Sec.  
25.218 or Sec.  25.220.
    (e) Each applicant for authorization for transmissions in the Fixed 
Satellite Service proposing to use transmitted satellite carrier EIRP 
densities, and/or maximum antenna input power densities in excess of 
those specified in paragraph (c) of this section in the 14.0-14.5 GHz 
band, or in paragraph (d) of this section in the 5925-6425 MHz band, 
respectively, must comply with

[[Page 15399]]

the procedures set forth in either Sec.  25.218 or Sec.  25.220.
* * * * *
    27. In Sec.  25.214, revise paragraph (a)(2) to read as follows:


Sec.  25.214  Technical requirements for space stations in the 
satellite digital audio radio service.

    (a) * * *
    (2) Frequency Assignment. The term ``frequency assignment'' refers 
to the authorization given by the Commission for a radio station to use 
a radio frequency or radio frequency channel under specified 
conditions. This term shall be applied to the two frequency bands (A) 
2320.0-2332.5 MHz and (B) 2332.5-2345.0 MHz for satellite DARS.
* * * * *
    28. Amend Sec.  25.218 by revising paragraph (a) to read as 
follows:


Sec.  25.218   Off-Axis EIRP Envelopes for FSS earth station 
operations.

    (a) This section applies to all applications for FSS earth stations 
operating in the C-band, Ku-band, or extended Ku-band, except for
    (1) ESV applications,
    (2) Analog video earth station applications, and
    (3) Applications for feeder-link earth stations in the 17/24 GHz 
BSS.
* * * * *
    29. Amend Sec.  25.221 by revising paragraph (b)(1)(ii) to read as 
follows:


Sec.  25.221  Blanket Licensing provisions for Earth Stations on 
Vessels (ESVs) receiving in the 3700-4200 MHz (space-to-Earth) 
frequency band and transmitting in the 5925-6425 MHz (Earth-to-space) 
frequency band, operating with Geostationary Satellite Orbit (GSO) 
Satellites in the Fixed Satellite Service.

* * * * *
    (b) * * *
    (1) * * *
    (ii) A certification, in Schedule B, that the ESV antenna conforms 
to the gain pattern criteria of Sec.  25.209(a) and (b), that, combined 
with the maximum input power density calculated from the EIRP density 
less the antenna gain, which is entered in Schedule B, demonstrates 
that the off-axis EIRP spectral density envelope set forth in 
paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section will be 
met under the assumption that the antenna is pointed at the target 
satellite. If an antenna proposed for use by the applicant does not 
comply with the antenna performance standards contained in Sec.  
25.209(a) and (b), the applicant must provide, as an exhibit to its 
application, the antenna gain patterns specified in Sec.  25.132(b).
* * * * *
    30. Amend Sec.  25.222 by revising paragraph (b)(1)(ii) to read as 
follows:


Sec.  25.222  Blanket Licensing provisions for Earth Stations on 
Vessels (ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-
11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency 
bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency 
band, operating with Geostationary Orbit (GSO) Satellites in the Fixed 
Satellite Service.

* * * * *
    (b) * * *
    (1) * * *
    (ii) A certification, in Schedule B, that the ESV antenna conforms 
to the gain pattern criteria of Sec. Sec.  25.209(a) and (b), that, 
combined with the maximum input power density calculated from the EIRP 
density less the antenna gain, which is entered in Schedule B, 
demonstrates that the off-axis EIRP spectral density envelope set forth 
in paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section will be 
met under the assumption that the antenna is pointed at the target 
satellite. If an antenna proposed for use by the applicant does not 
comply with the antenna performance standards contained in Sec. Sec.  
25.209(a) and (b), the applicant must provide, as an exhibit to its 
application, the antenna gain patterns specified in Sec.  25.132(b).
* * * * *
    31. Amend Sec.  25.226 by revising paragraph (b)(1)(ii) to read as 
follows:


Sec.  25.226   Blanket Licensing provisions for domestic, U.S. Vehicle-
Mounted Earth Stations (VMESs) receiving in the 10.95-11.2 GHz (space-
to-Earth), 11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-
to-Earth) frequency bands and transmitting in the 14.0-14.5 GHz (Earth-
to-space) frequency band, operating with Geostationary Satellites in 
the Fixed Satellite Service.

* * * * *
    (b) * * *
    (1) * * *
    (ii) A VMES applicant shall include a certification, in Schedule B, 
that the VMES antenna conforms to the gain pattern criteria of 
Sec. Sec.  25.209(a) and (b), that, combined with the maximum input 
power density calculated from the EIRP density less the antenna gain, 
which is entered in Schedule B, demonstrates that the off-axis EIRP 
spectral density envelope set forth in paragraphs (a)(1)(i)(A) through 
(a)(1)(i)(C) of this section will be met under the assumption that the 
antenna is pointed at the target satellite. If an antenna proposed for 
use by the applicant does not comply with the antenna performance 
standards contained in Sec. Sec.  25.209(a) and (b), the applicant must 
provide, as an exhibit to its application, the antenna gain patterns 
specified in Sec.  25.132(b).
* * * * *
    32. In Sec.  25.251, revise paragraph (b) to read as follows:


Sec.  25.251  Special requirements for coordination.

* * * * *
    (b) The technical aspects of coordination are based on Appendix 7 
of the International Telecommunication Union Radio Regulations and 
certain recommendations of the ITU Radiocommunication Sector (available 
at the address in Sec.  0.445 of this chapter).
    33. In Sec.  25.259, revise paragraph (a) to read as follows:


Sec.  25.259  Time sharing between NOAA meteorological satellite 
systems and non-voice, non-geostationary satellite systems in the 137-
138 MHz band.

    (a) The space stations of a non-voice, non-geostationary Mobile 
Satellite Service (NVNG MSS) system time-sharing downlink spectrum in 
the 137-138 MHz frequency band with National Oceanic and Atmospheric 
Administration (NOAA) satellites shall not transmit signals into the 
``protection areas'' of the NOAA satellites.
    (1) With respect to transmission in the 137.333-137.367 MHz, 
137.485-137.515 MHz, 137.605-137.635 MHz, and 137.753-137.787 MHz 
bands, the protection area for a NOAA satellite is the area on the 
Earth's surface in which the NOAA satellite is in line of sight from 
the ground at an elevation angle of five degrees or more above the 
horizon. No NVNG MSS satellite shall transmit in these bands when it is 
in line of sight at an elevation angle of zero degrees or more from any 
point on the ground within a NOAA satellite's protected area for that 
band.
    (2) With respect to transmission in the 137.025-137.175 MHz and 
137.825-138 MHz bands, the protection area for a NOAA satellite is the 
area on the Earth's surface in which the NOAA satellite is in line of 
sight from the ground at any elevation angle above zero degrees. No 
NVNG MSS satellite shall transmit in these bands when at a line-of-
sight elevation angle of zero degrees or more from any point on the 
ground within a NOAA satellite's protected area for that band. In 
addition, such an NVNG MSS satellite shall cease transmitting when it 
is at an elevation angle of less than zero degrees from any such point, 
if reasonably necessary to protect reception of the NOAA satellite's 
signal.
    (3) An NVNG MSS licensee is responsible for obtaining the ephemeris 
data necessary for compliance with these restrictions. The ephemeris

[[Page 15400]]

information must be updated system-wide on at least a weekly basis. For 
calculation required for compliance with these restrictions an NVNG MSS 
licensee shall use an orbital propagator algorithm with an accuracy 
equal to or greater than the NORAD propagator used by NOAA.
* * * * *
    34. In Sec.  25.260, revise paragraph (a) to read as follows:


Sec.  25.260  Time sharing between DoD meteorological satellite systems 
and non-voice, non-geostationary satellite systems in the 400.15-401 
MHz band.

    (a) The space stations of a non-voice, non-geostationary Mobile 
Satellite Service (NVNG MSS) system time-sharing downlink spectrum in 
the 400.15-401.0 MHz band with Department of Defense (DoD) satellites 
shall not transmit signals into the ``protection areas'' of the DoD 
satellites.
    (1) The protection area for such a DoD satellite is the area on the 
Earth's surface in which the DoD satellite is in line of sight from the 
ground at an elevation angle of five degrees or more above the horizon.
    (2) An NVNG MSS space station shall not transmit in the 400.15-401 
MHz band when at a line-of-sight elevation angle of zero degrees or 
more from any point on the ground within the protected area of a DoD 
satellite operating in that band.
    (3) An NVNG MSS licensee is responsible for obtaining the ephemeris 
data necessary for compliance with this restriction. The ephemeris 
information must be updated system-wide at least once per week. For 
calculation required for compliance with this restriction an NVNG MSS 
licensee shall use an orbital propagator algorithm with an accuracy 
equal to or greater than the NORAD propagator used by DoD.
* * * * *
    35. In Sec.  25.271, revise paragraphs (c)(1) and (c)(3) to read as 
follows:


Sec.  25.271  Control of transmitting stations.

* * * * *
    (c) * * *
    (1) The parameters of the transmissions of the remote station 
monitored at the control point, and the operational functions of the 
remote earth stations that can be controlled by the operator at the 
control point, are sufficient to ensure that the operations of the 
remote station(s) are at all times in full compliance with the remote 
station authorization(s);
* * * * *
    (3) Upon detection by the licensee, or upon notification from the 
Commission of a deviation or upon notification by another licensee of 
harmful interference, the operation of the remote station shall be 
immediately suspended by the operator at the control point until the 
deviation or interference is corrected, except that transmissions 
concerning the immediate safety of life or property may be conducted 
for the duration of the emergency; and
* * * * *
    36. In Sec.  25.272, revise paragraph (a) to read as follows:


Sec.  25.272  General inter-system coordination procedures.

    (a) Each space station licensee in the Fixed Satellite Service 
shall establish a satellite network control center which will have the 
responsibility to do the following:
    (1) Monitor space-to-Earth transmissions in its system (thus 
indirectly monitoring uplink earth station transmissions in its system) 
and
    (2) Coordinate transmissions in its satellite system with those of 
other systems to prevent harmful interference incidents or, in the 
event of a harmful interference incident, to identify the source of the 
interference and correct the problem promptly.
* * * * *
    37. In Sec.  25.273, revise paragraph (a)(2) to read as follows:


Sec.  25.273  Duties regarding space communications transmissions.

    (a) * * *
    (2) Conduct transmissions over a transponder unless the operator is 
authorized to transmit at that time by the satellite licensee or the 
satellite licensee's successor in interest; or
* * * * *
    38. In Sec.  25.274, revise paragraph (b) to read as follows:


Sec.  25.274  Procedures to be followed in the event of harmful 
interference.

* * * * *
    (b) The earth station operator shall then check all other earth 
stations in the licensee's network that could be causing the harmful 
interference to ensure that none of them is the source of the 
interference and to verify that the interference is not from a local 
terrestrial source.
* * * * *
    39. In Sec.  25.276, revise paragraph (c) to read as follows:


Sec.  25.276  Points of communication.

* * * * *
    (c) Transmission to or from foreign points over space stations in 
the Fixed Satellite Service are subject to the requirements set forth 
in Sec.  25.137.
    40. In Sec.  25.283, revise paragraph (a) to read as follows:


Sec.  25.283  End-of-life disposal.

    (a) Geostationary orbit space stations. Unless otherwise explicitly 
specified in an authorization, a space station authorized to operate in 
the geostationary satellite orbit under this part shall be relocated, 
at the end of its useful life, barring catastrophic failure of 
satellite components, to an orbit with a perigee with an altitude of no 
less than:

36,021 km + (1000 [middot] CR [middot] A/m)
where CR is the solar radiation pressure coefficient of the 
spacecraft, and A/m is the Area to mass ratio, in square meters per 
kilogram, of the spacecraft.
* * * * *
[FR Doc. 2010-6791 Filed 3-26-10; 8:45 am]
BILLING CODE 6712-01-P