Comprehensive Review of Licensing and Operating Rules for Satellite Services, 8308-8326 [2014-02213]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Rules and Regulations]
[Pages 8308-8326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02213]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 12-267; FCC 13-111]


Comprehensive Review of Licensing and Operating Rules for 
Satellite Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (FCC) has adopted many 
changes in its rules, which governs licensing and operation of space 
stations and earth stations. Collectively, the changes adopted in this 
document will streamline the Commission's regulations, fostering more 
rapid deployment of services to the public, greater investment, and new 
innovations in satellite services.

DATES: The rules in this document contain information collection 
requirements that have not been approved by Office of Management and 
Budget. The Commission will publish a document in the Federal Register 
announcing such OMB approval, the effective date of all of the rule 
amendments adopted in the Report and Order, and the approval date of 
the incorporation by reference of a certain publication listed in the 
rule.

FOR FURTHER INFORMATION CONTACT: William Bell (202) 418-0741, Satellite 
Division, International Bureau, Federal Communications Commission, 
Washington, DC 20554. For additional information concerning the 
information collection(s) contained in this document, contact Leslie 
Smith at 202-418-0217, or via the Internet at Leslie.Smith@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket No. 12-267, FCC 13-111, adopted and released on 
August 9, 2013. The full text of the Report and Order is available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. This document may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554, 
telephone 202-488-5300, facsimile 202-488-5563, or via email 
FCC@BCPIWEB.com. The full text may also be downloaded at https://apps.fcc.gov/ecfs/document/view?id=7520937207 https://www.fcc.gov. 
Alternative formats are available to person with disabilities by 
sending an email to fcc504@fcc.gov or calling the Consider & 
Governmental Affairs Bureau at 202-418-0530 (voice), or 202-418-0432 
(tty).

Synopsis

    1. In September 2012, the Commission issued a Notice of Proposed 
Rulemaking (NPRM), 77 FR 67172, November 8, 2012 proposing extensive 
changes in part 25 of its rules, which governs licensing and operation 
of space stations and earth stations for the provision of satellite 
communication services. Sixteen parties filed comments in response to 
the NPRM and 10 parties filed reply comments. In this Report and Order, 
we adopt most of the changes proposed previously and discuss 
recommendations for further changes. In all, we revise over 150 rule 
provisions in part 25 to better reflect evolving technology; eliminate 
unnecessary information filing requirements for licensees and 
applicants; eliminate unnecessary technical restrictions; reorganize 
existing requirements; eliminate redundancy and unnecessary verbiage; 
clarify vague, confusing, or ambiguous provisions; resolve 
inconsistencies; and codify existing policies to improve transparency. 
These changes will better enable the Commission to assess the 
interference potential of proposed operations; afford more operational 
flexibility for satellite licensees; enable applicants and licensees to 
conserve time, effort, and expense in preparing applications and 
reports; ease administrative burdens for the Commission; and make the 
rules easier to understand.

Paperwork Reduction Act

    2. This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the new or modified information collection requirements contained in 
this proceeding.
    3. Pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees. We received no comments on this issue. We have 
assessed the effects of the revisions adopted that might impose 
information collection burdens on small business concerns, and find 
that the impact on businesses with fewer than 25 employees will be an 
overall reduction in burden. The amendments adopted in this Report and 
Order eliminate unnecessary information filing requirements for 
licensees and applicants; eliminate unnecessary technical restrictions 
and enable applicants and licensees to conserve time, effort, and 
expense in preparing applications and reports. Overall, these changes 
may have a greater positive

[[Page 8309]]

impact on small business entities with more limited resources.

Congressional Review Act

    4. The Commission will send copies of this Report and Order to 
Congress and the General Accountability Office pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy 
including the final regulatory flexibility act analysis to the Chief 
Counsel for Advocacy of the Small Business Administration, in 
accordance with section 603(a) of the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. (1981).

Effective Date

    5. While not all the revisions to part 25 adopted in this order 
require approval by OMB under the PRA, many do. These requirements 
cannot go into effect until OMB has approved the information collection 
requirements and the Commission has published a notice announcing the 
effective date of those requirements. To avoid confusion, all rule 
changes adopted in this Report and Order will become effective on the 
same date. The International Bureau will issue a public notice 
announcing the effective date for all of the rules adopted in this 
Report and Order.

Final Regulatory Flexibility Analysis

    6. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking in the Matter of 
Comprehensive Review of Licensing and Operating Rules for Satellite 
Services.\2\ The Commission sought written public comment on the 
proposals in the NPRM, including comment on the IRFA. No comments were 
received on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ Comprehensive Review of Licensing and Operating Rules for 
Satellite Services, IB Docket No. 12-267, Notice of Proposed 
Rulemaking, 27 FCC Rcd 11619 (2012) (Notice) at 11699 (Appendix B).
    \3\ See 5 U.S.C. 604.
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Need for, and Objectives of, the Proposed Rules

    7. This Order adopts comprehensive changes to part 25 of the 
Commission's rules, which governs licensing and operation of space 
stations and earth stations for the provision of satellite 
communication services.\4\ We revise the rules to better reflect 
evolving technology; eliminate unnecessary information filing 
requirements for licensees and applicants; eliminate unnecessary 
technical restrictions; reorganize existing requirements; eliminate 
redundancy and unnecessary verbiage; clarify vague, confusing, or 
ambiguous provisions; resolve inconsistencies; and codify existing 
policies to improve transparency. These changes will better enable the 
Commission to assess the interference potential of proposed operations; 
afford more operational flexibility for satellite licensees; enable 
applicants and licensees to conserve time, effort, and expense in 
preparing applications and reports; ease administrative burdens for the 
Commission; and make the rules easier to understand. As a result, we 
anticipate that these rule changes will facilitate greater investment 
and further innovation in satellite services and more rapid deployment 
of new satellite services to the public.
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    \4\ 47 CFR part 25, Satellite Communications.
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    8. This Order revises multiple sections of part 25 of the rules. 
Specifically, it revises the rules to:
     Update the information requirements for space and earth 
station applications to reflect evolving technology and eliminate 
information that is no longer needed.
     Consolidate annual reporting requirements and delete 
reporting requirements that are not necessary; reinforce reporting 
requirements for 24/7 contact points in cases of interference or 
emergency situations.
     Increase the number of earth station applications eligible 
for routine processing.
     Clarify the criteria for using Form 312EZ and related 
autogrant procedure for earth station applications.
     Eliminate certain restrictive elements of rules related to 
transponder saturation flux density settability requirements and cross-
polarization isolation requirements.
     Harmonize rules concerning rain fade mitigation and 
eliminate certain mandated requirements.
     Clarify the requirements for routine processing of 12/14 
GHz Very Small Aperture Terminals (VSAT) networks.
     Allow earth station applicants to certify antenna 
performance rather than requiring them to submit a certificate from the 
manufacturer.
     Adopt the industry standard for Automatic Transmitter 
Identification System (ATIS) signals for digital video uplinks for 
temporary-fixed earth stations.
     Relax telemetry, tracking, and command (TT&C) reporting 
requirements.
     Consolidate use restrictions and labeling requirements for 
MSS and ATC terminals aboard civil aircraft.
     Codify Commission practice of granting a single earth 
station license covering multiple antennas located close to each other.
     Update, improve, and consolidate definitions.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    9. No party filing comments in this proceeding responded to the 
IRFA, and no party filing comments in this proceeding otherwise argued 
that the policies and rules proposed in this proceeding would have a 
significant economic impact on a substantial number of small entities. 
The Commission has, nonetheless, considered any potential significant 
economic impact that the rule changes may have on the small entities 
which are impacted. On balance, the Commission believes that the 
economic impact on small entities will be positive rather than 
negative, and that the rule changes move to streamline the part 25 
requirements.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    10. Pursuant to the Small Business Jobs Act of 2010, the Commission 
is required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration, and to provide a 
detailed statement of any change made to the proposed rules as a result 
of those comments. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the 
Rules May Apply

    11. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of, the number of small entities that may 
be affected by the rules adopted herein.\5\ The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \6\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\7\ A small

[[Page 8310]]

business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).\8\ Below, we describe and estimate the number of small entity 
licensees that may be affected by the adopted rules.
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    \5\ 5 U.S.C. 604(a)(3).
    \6\ 5 U.S.C. 601(6).
    \7\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \8\ Small Business Act, 15 U.S.C. 632 (1996).
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Satellite Telecommunications and All Other Telecommunications

    12. The rules adopted in this Order will affect some providers of 
satellite telecommunications services, if adopted. Satellite 
telecommunications service providers include satellite and earth 
station operators. Since 2007, the SBA has recognized two census 
categories for satellite telecommunications firms: ``Satellite 
Telecommunications'' and ``Other Telecommunications.'' Under the 
``Satellite Telecommunications'' category, a business is considered 
small if it had $15 million or less in average annual receipts.\9\ 
Under the ``Other Telecommunications'' category, a business is 
considered small if it had $25 million or less in average annual 
receipts.\10\
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    \9\ See 13 CFR 121.201, NAICS code 517410.
    \10\ See 13 CFR 121.201, NAICS code 517919.
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    13. The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' \11\ For this category, 
Census Bureau data for 2007 show that there were a total of 512 
satellite communications firms that operated for the entire year.\12\ 
Of this total, 464 firms had annual receipts of under $10 million, and 
18 firms had receipts of $10 million to $24,999,999.\13\
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    \11\ U.S. Census Bureau, 2007 NAICS Definitions, ``517410 
Satellite Telecommunications.''
    \12\ See https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
    \13\ Id.
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    14. The second category of Other Telecommunications is comprised of 
entities ``primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.'' \14\ For this 
category, Census Bureau data for 2007 show that there were a total of 
2,383 firms that operated for the entire year.\15\ Of this total, 2,346 
firms had annual receipts of under $25 million.\16\ We anticipate that 
some of these ``Other Telecommunications firms,'' which are small 
entities, are earth station applicants/licensees that might be affected 
if our proposed rule changes are adopted.
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    \14\U.S. Census Bureau, 2007 NAICS Definitions, ``517919 Other 
Telecommunications,'' https://www.census.gov/naics/2007/def/ND517919.HTM.
    \15\ See 13 CFR 121.201, NAICS code 517919.
    \16\ U.S. Census Bureau, 2007 Economic Census, Subject Series: 
Information, Table 5, ``Establishment and Firm Size: Employment Size 
of Firms for the United States: 2007 NAICS Code 517919'' (issued 
Nov. 2010).
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    15. We anticipate that our proposed rule changes may have an impact 
on earth and space station applicants and licensees. Space station 
applicants and licensees, however, rarely qualify under the definition 
of a small entity. Generally, space stations cost hundreds of millions 
of dollars to construct, launch and operate. Consequently, we do not 
anticipate that any space station operators are small entities that 
will be affected by our proposed actions.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities

    16. The rule changes adopted in this Order will affect reporting, 
recordkeeping and other compliance requirements for earth and space 
station operators. Most proposed changes, as described below, will 
decrease the regulatory burden for all businesses operators in the 
affected industries, especially firms that hold licenses to operate 
earth stations. Therefore, small entities in these industries will 
experience a decrease in regulatory burden of reporting, recordkeeping, 
and compliance as a result of most of the changes adopted in this 
Order.
    17. First, the revisions simplify information collections in 
applications for earth station licensees, and increase the number of 
earth station applications eligible for routine processing. For 
example, we extend eligibility to use the simplified Form 312EZ and the 
autogrant procedure for routine applications for 20/30 GHz earth 
stations that will communicate via geostationary satellites previously 
coordinated with Federal-government systems pursuant to Footnote 
US334.\17\ The revised rules further allow routine licensing of earth 
stations transmitting analog command signals of up to 1 megahertz in 
bandwidth. The revision also eliminates requirements to submit certain 
technical information in space station applications, to provide 
technical interference analysis, and to submit information to both the 
International Bureau and the Columbia Operations Center. These changes 
reduce the burden of compliance.
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    \17\ 47 CFR 2.106, Footnote US334 requires coordination between 
Federal space and terrestrial systems and non-Federal space and 
terrestrial systems operating in certain frequency bands.
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    18. We codify Commission practice of granting a single earth 
station license covering multiple antennas located close to each other. 
Additionally, we revise the rules to allow earth station applicants to 
certify antenna performance, rather than having to submit a certificate 
from the manufacturer. We also clarify that routine blanket earth 
station licensing requirements apply to individual earth station 
applications. We clarify the requirements for routine processing of 12/
14 GHz Very Small Aperture Terminals (VSAT) networks. Finally, we adopt 
the industry-developed standard for Automatic Transmitter 
Identification System (ATIS) signals for digital video uplinks, while 
allowing analog uplink operators a choice of methods for ATIS signals.
    19. The revisions also streamline and reorganize the rules to 
facilitate improved compliance. For example, we replace the various 
band-specific use restrictions and labeling requirements for Mobile-
Satellite Service transceivers or Ancillary Terrestrial Component (ATC) 
terminals aboard civil aircraft with a uniform aircraft-use restriction 
and associated warning-label requirement. We also combine definitions 
currently scattered throughout part 25 into a consolidated definitions 
section, we add definitions for previously undefined terms, and we 
clarify the text of many definitions and standardize their use. 
Throughout part 25, we improve the language and organization of the 
rules to ease compliance.

[[Page 8311]]

    20. Together, these changes reduce the reporting and recordkeeping 
burden, and make the rules easier to understand and follow. These 
changes will decrease compliance costs for all businesses in the 
affected industries, including the small entities regulated under part 
25.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    21. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rules for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.'' \18\
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    \18\ 5 U.S.C. 603(c)(1)-(c)(4).
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    22. The Commission is aware that some of the revisions may impact 
small entities. The NPRM sought comment from all interested parties, 
and small entities were encouraged to bring to the Commission's 
attention any specific concerns they may have with the proposals 
outlined in the NPRM. No commenters raised any specific concerns about 
the impact of the revisions on small entities. This order adopts rule 
revisions to modernize the rules and advance the satellite industry. 
The revisions eliminate unnecessary technical and information filing 
requirements, and reorganize and simplify existing requirements to make 
them easier to understand and follow. All of these revisions lessen the 
burden of compliance on small entities with more limited resources than 
larger entities.
    23. The changes for earth station licensing will create more 
opportunities for routine licensing and allow for more liberal blanket 
licensing of earth stations. Each of these changes will lessen the 
burden in the licensing process. Earth station operators may experience 
an additional burden from reinforced reporting requirements for 24/7 
contact points for interference or emergency situations, a burden that 
was always required, but is more clearly articulated. However, the 
revisions also allow this requirement to replace a requirement for more 
specific TT&C information, so some of that additional burden is offset. 
Earth station operators may also experience increased burden from 
revisions to rules concerning ATIS requirements. Specifically, the 
transition to the newly adopted ATIS standard could impose burdens. 
However, the uniform ATIS format will also reduce the costs, by 
modernizing the standard governing ATIS signals, making it appropriate 
for more spectrum-efficient digital transmissions, and by standardizing 
ATIS signals and reducing the burden imposed by having to cope with 
multiple formats. Thus, the proposed revisions will ultimately lead to 
benefits for small earth station operators in the long-term.
    24. Report to Congress: The Commission will send a copy of this 
Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act.\19\ In addition, the 
Commission will send a copy of this Order, including this FRFA, to the 
Chief Counsel for Advocacy of the SBA. A copy of this Report and Order 
and FRFA (or summaries thereof) will also be published in the Federal 
Register.\20\
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    \19\ See 5 U.S.C. 801(a)(1)(A).
    \20\ See 5 U.S.C. 604(b).
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Ordering Clauses

    25. It is ordered, pursuant to Sections 4(i), 7(a), 11, 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), and 
303(r), that this Report and Order is adopted, the policies, rules and 
requirements discussed herein are adopted, and part 25 of the 
Commission's rules is amended as set forth in Appendix B.
    26. It is further ordered that all policies, rules, rule parts and 
requirements adopted or amended herein, including all rules that 
contain new information collection requirements that require approval 
by the Office of Management and Budget under the Paperwork Reduction 
Act, shall be effective upon the same date, which will be designated in 
a document published in the Federal Register. That Public Notice will 
not be published until the Office of Management and Budget (OMB) has 
approved those rule revisions adopted in this Report and Order that 
impose new or changed information collection requirements, and such 
approval will be noted in that Public Notice.
    27. It is further ordered that the International Bureau is 
delegated authority to issue documents consistent with this Report and 
Order.
    28. It is further ordered that the International Bureau will issue 
a document announcing the effective date for all of the changes adopted 
in this Report and Order.
    29. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, will send a 
copy of this Order, including the Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 25

    Automatic transmitter identification, Communications common 
carriers, Definitions, Earth stations, Incorporation by reference, 
Reporting, Space stations.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
1. The authority citation for part 25 is revised to read as follows:

    Authority:  Interprets or applies sections 4, 301, 302, 303, 
307, 309, 319, 332, 705, and 721 of the Communications Act, as 
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, 605, and 
721, unless otherwise noted.


0
2. Revise Sec.  25.103 to read as follows:


Sec.  25.103  Definitions.

    Terms with definitions including the ``(RR)'' designation are 
defined in the same way in Sec.  2.1 of this chapter and in the Radio 
Regulations of the International Telecommunication Union.
    1.5/1.6 GHz Mobile-Satellite Service. Mobile-Satellite Service 
provided in any portion of the 1525-1559 MHz space-to-Earth band and 
the 1626.5-1660.5 MHz Earth-to-space band, which are referred to in 
this rule part as the ``1.5/1.6 GHz MSS bands.''
    1.6/2.4 GHz Mobile-Satellite Service. A Mobile-Satellite Service 
that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz bands, or in 
any portion thereof.
    2 GHz Mobile-Satellite Service. A Mobile-Satellite Service that 
operates in the 2000-2020 MHz and 2180-2200 MHz bands, or in any 
portion thereof.
    12/14 GHz bands. The 11.7-12.2 GHz Fixed-Satellite Service space-
to-Earth band and the 14.0-14.5 GHz Fixed-Satellite Service Earth-to-
space band.
    17/24 GHz Broadcasting-Satellite Service (17/24 GHz BSS). A

[[Page 8312]]

radiocommunication service involving transmission from one or more 
feeder-link earth stations to other earth stations via geostationary 
satellites, in the 17.3-17.7 GHz (space-to-Earth) (domestic 
allocation), 17.3-17.8 GHz (space-to-Earth) (international allocation) 
and 24.75-25.25 GHz (Earth-to-space) bands. For purposes of the 
application processing provisions of this part, the 17/24 GHz BSS is a 
GSO-like service. Unless specifically stated otherwise, 17/24 GHz BSS 
systems are subject to the rules in this part applicable to FSS.
    20/30 GHz bands. The 18.3-20.2 GHz Fixed-Satellite Service space-
to-Earth band and the 28.35-30.0 GHz Fixed-Satellite Service Earth-to-
space band.
    Ancillary Terrestrial Component (ATC). A terrestrial communications 
network used in conjunction with a qualifying satellite network system 
authorized pursuant to these rules and the conditions established in 
the Orders issued in IB Docket No. 01-185, Flexibility for Delivery of 
Communications by Mobile-Satellite Service Providers in the 2 GHz Band, 
the L-Band, and the 1.6/2.4 GHz Band.
    Ancillary Terrestrial Component (ATC) base station. A terrestrial 
fixed facility used to transmit communications to or receive 
communications from one or more ancillary terrestrial component mobile 
terminals.
    Ancillary Terrestrial Component (ATC) mobile terminal. A 
terrestrial mobile facility used to transmit communications to or 
receive communications from an ancillary terrestrial component base 
station or a space station.
    Blanket license. A license for multiple fixed or mobile earth 
stations or SDARS terrestrial repeaters that may be operated anywhere 
within a geographic area specified in the license, or for multiple non-
geostationary-orbit space stations.
    C band. As used in this part, the terms ``C band'' and 
``conventional C band'' refer to the 3700-4200 MHz (space-to-Earth) and 
5925-6425 MHz (Earth-to-space) bands. These paired bands are allocated 
to the Fixed-Satellite Service and are also referred to as the 4/6 GHz 
bands.
    Coordination distance. When determining the need for coordination, 
the distance on a given azimuth from an earth station sharing the same 
frequency band with terrestrial stations, or from a transmitting earth 
station sharing the same bidirectionally allocated frequency band with 
receiving earth stations, beyond which the level of permissible 
interference will not be exceeded and coordination is therefore not 
required. (RR)
    Direct Broadcast Satellite (DBS) Service. A radiocommunication 
service in which signals transmitted or retransmitted by Broadcasting-
Satellite Service space stations in the 12.2-12.7 GHz band are intended 
for direct reception by subscribers or the general public. For the 
purposes of this definition, the term direct reception includes 
individual reception and community reception.
    Earth station. A station located either on the Earth's surface or 
within the major portion of the Earth's atmosphere intended for 
communication:
    (1) With one or more space stations; or
    (2) With one or more stations of the same kind by means of one or 
more reflecting satellites or other objects in space. (RR)
    Earth Station on Vessel (ESV). An earth station onboard a craft 
designed for traveling on water, receiving from and transmitting to 
geostationary-orbit Fixed-Satellite Service space stations.
    Earth Stations Aboard Aircraft (ESAA). Earth stations operating 
aboard aircraft that receive from and transmit to geostationary-orbit 
Fixed-Satellite Service space stations and operate within the United 
States pursuant to the requirements in Sec.  25.227.
    Emergency Call Center. A facility that subscribers of satellite 
commercial mobile radio services call when in need of emergency 
assistance by dialing ``911'' on their mobile earth station terminals.
    Equivalent diameter. When circular aperture reflector antennas are 
employed, the size of the antenna is generally expressed as the 
diameter of the antenna's main reflector. When non-reflector or non-
circular-aperture antennas are employed, the equivalent diameter is the 
diameter of a hypothetical circular-aperture antenna with the same 
aperture area as the actual antenna. For example, an elliptical 
aperture antenna with major axis a and minor axis b will have an 
equivalent diameter of [a x b]1/2. A rectangular aperture 
antenna with length l and width w will have an equivalent diameter of 
[4(l x w)/[pi]]1/2.
    Equivalent Power Flux Density (EPFD). The sum of the power flux 
densities produced at a geostationary-orbit receive earth or space 
station on the Earth's surface or in the geostationary orbit, as 
appropriate, by all the transmit stations within a non-geostationary-
orbit Fixed-Satellite Service system, taking into account the off-axis 
discrimination of a reference receiving antenna assumed to be pointing 
in its nominal direction. The equivalent power flux density, in dB(W/
m\2\) in the reference bandwidth, is calculated using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR12FE14.001

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

    Extended Ku band. As used in this part, the term ``extended Ku 
band'' refers to the 10.7-11.7 GHz (space-to-Earth), 12.75-13.25 GHz 
(Earth-to-space), and 13.75-14.0 GHz (Earth-to-space) Fixed-Satellite 
Service bands.
    Feeder link. A radio link from a fixed earth station at a given 
location to a space station, or vice versa, conveying information for a 
space radiocommunication service other than the Fixed-Satellite 
Service. The given location may be at a specified fixed point or at any 
fixed point within specified areas. (RR)
    Fixed earth station. An earth station intended to be used at a 
fixed position. The position may be a specified fixed point or any 
fixed point within a specified area.
    Fixed-Satellite Service (FSS). A radiocommunication service between 
earth stations at given positions, when one or more satellites are 
used; the given position may be a specified fixed point or any fixed 
point within

[[Page 8313]]

specified areas; in some cases this service includes satellite-to-
satellite links, which may also be operated in the inter-satellite 
service; the Fixed-Satellite Service may also include feeder links of 
other space radiocommunication services. (RR)
    Geostationary-orbit (GSO) satellite. A geosynchronous satellite 
whose circular and direct orbit lies in the plane of the Earth's 
equator and which thus remains fixed relative to the Earth; by 
extension, a geosynchronous satellite which remains approximately fixed 
relative to the Earth.
    Inter-Satellite Service. A radiocommunication service providing 
links between artificial earth satellites.
    Ku band. In this rule part, the terms ``Ku band'' and 
``conventional Ku band'' refer to the 11.7-12.2 GHz (space-to-Earth) 
and 14.0-14.5 GHz (Earth-to-space) bands. These paired bands are 
allocated to the Fixed-Satellite Service and are also referred to as 
the 12/14 GHz bands.
    Land earth station. An earth station in the Fixed-Satellite Service 
or, in some cases, in the Mobile-Satellite Service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the Mobile-Satellite Service. (RR)
    Land Mobile Earth Station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    Mobile Earth Station. An earth station in the Mobile-Satellite 
Service intended to be used while in motion or during halts at 
unspecified points. (RR)
    Mobile-Satellite Service (MSS). (1) A radiocommunication service:
    (i) Between mobile earth stations and one or more space stations, 
or between space stations used by this service; or
    (ii) Between mobile earth stations, by means of one or more space 
stations.
    (2) This service may also include feeder links necessary for its 
operation. (RR)
    NGSO. Non-geostationary orbit.
    NGSO FSS gateway earth station. An earth station complex consisting 
of multiple interconnecting earth station antennas supporting the 
communication routing and switching functions of a non-geostationary-
orbit Fixed-Satellite Service system. A gateway earth station in the 
NGSO FSS:
    (1) Does not originate or terminate radiocommunication traffic, but 
interconnects multiple non-collocated user earth stations operating in 
frequency bands other than designated gateway bands, through a 
satellite with other primary terrestrial networks, such as the public 
switched telephone network and/or Internet networks.
    (2) Is not for the exclusive use of any customer.
    (3) May also be used for telemetry, tracking, and command 
transmissions for the NGSO FSS system.
    (4) May include multiple antennas, each required to meet the 
antenna performance standard in Sec.  25.209(h), located within an area 
of one second latitude by one second longitude. Additional antennas 
located outside such area will be considered as a separate gateway 
earth station complex for purposes of coordination with terrestrial 
services.
    Non-Voice, Non-Geostationary (NVNG) Mobile-Satellite Service. A 
Mobile-Satellite Service reserved for use by non-geostationary 
satellites in the provision of non-voice communications which may 
include satellite links between land earth stations at fixed locations.
    Permitted Space Station List. A list of all U.S.-licensed 
geostationary-orbit space stations providing Fixed-Satellite Service in 
the conventional C band, the conventional Ku band, or the 18.3-18.8 
GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands, as well 
as non-U.S.-licensed geostationary-orbit space stations approved for 
U.S. market access to provide Fixed-Satellite Service in the 
conventional C band, conventional Ku band, or 18.3-18.8 GHz, 19.7-20.2 
GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands.
    Power flux density (PFD). The amount of power flow through a unit 
area within a unit bandwidth. The units of power flux density are those 
of power spectral density per unit area, namely watts per hertz per 
square meter. These units are generally expressed in decibel form as 
dB(W/Hz/m\2\), dB(W/m\2\) in a 4 kHz band, or dB(W/m\2\) in a 1 MHz 
band.
    Power Spectral Density (PSD). The amount of an emission's 
transmitted carrier power applied at the antenna input falling within 
the stated bandwidth. The units of power spectral density are watts per 
hertz and are generally expressed in decibel form as dB(W/Hz) when 
measured in a 1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz 
bandwidth, or dB(W/MHz) when measured in a 1 MHz bandwidth.
    Protection areas. The geographic regions on the surface of the 
Earth where U.S. Department of Defense (DoD) meteorological satellite 
systems or National Oceanic and Atmospheric Administration (NOAA) 
meteorological satellite systems, or both such systems, are receiving 
signals from low earth orbiting satellites. Also, areas around 20/30 
GHz NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz Mobile-
Satellite Service determined in the manner specified in Sec.  
25.203(j).
    Radiodetermination-Satellite Service. A radiocommunication service 
for the purpose of radiodetermination involving the use of one of more 
space stations. This service may also include feeder links necessary 
for its own operation. (RR)
    Routine processing or licensing. Expedited processing of unopposed 
applications for Fixed-Satellite Service earth stations communicating 
via geostationary-orbit satellites that satisfy the criteria in Sec.  
25.134(a), Sec.  25.134 (g), Sec.  25.138(a), Sec.  25.211(d), Sec.  
25.212(c), Sec.  25.212(d), Sec.  25.212(f), Sec.  25.218, or Sec.  
25.223(b), include all required information, are consistent with all 
Commission rules, and do not raise any policy issues. Some, but not 
all, routine earth station applications are eligible for an autogrant 
procedure under Sec.  25.115(a)(4).
    Satellite Digital Audio Radio Service (SDARS). A radiocommunication 
service in which audio programming is digitally transmitted by one or 
more space stations directly to fixed, mobile, and/or portable 
stations, and which may involve complementary repeating terrestrial 
transmitters and telemetry, tracking and command facilities.
    Satellite system. A space system using one or more artificial earth 
satellites. (RR)
    Selected assignment. A spectrum assignment voluntarily identified 
by a 2 GHz MSS licensee at the time that the licensee's first 2 GHz 
Mobile-Satellite Service satellite reaches its intended orbit.
    Shapeable antenna beam. A satellite transmit or receive antenna 
beam, the gain pattern of which can be modified at any time without 
physically repositioning a satellite antenna reflector.
    Spacecraft. A man-made vehicle which is intended to go beyond the 
major portion of the Earth's atmosphere. (RR)
    Space radiocommunication. Any radiocommunication involving the use 
of one or more space stations or the use of one or more reflecting 
satellites or other objects in space.
    Space station. A station located on an object which is beyond, is 
intended to go beyond, or has been beyond, the major portion of the 
Earth's atmosphere. (RR)
    Space system. Any group of cooperating earth stations and/or space 
stations employing space

[[Page 8314]]

radiocommunication for specific purposes. (RR)
    Terrestrial radiocommunication. Any radiocommunication other than 
space radiocommunication or radio astronomy. (RR)
    Terrestrial station. A station effecting terrestrial 
radiocommunication.
    Vehicle-Mounted Earth Station (VMES). An earth station, operating 
from a motorized vehicle that travels primarily on land, that receives 
from and transmits to geostationary orbit Fixed-Satellite Service space 
stations and operates within the United States pursuant to the 
requirements set out in Sec.  25.226.

0
3. In Sec.  25.111, revise the section heading and paragraph (b) and 
add paragraph (d) to read as follows:


Sec.  25.111  Additional information and ITU cost recovery.

* * * * *
    (b) Applicants and licensees of radio stations governed by this 
part must provide the Commission with the information required for 
Advance Publication, Coordination, and Notification of frequency 
assignment filings, including due diligence information, pursuant to 
the Radio Regulations of the International Telecommunication Union. No 
protection from interference caused by radio stations authorized by 
other Administrations is guaranteed unless ITU procedures are timely 
completed or, with respect to individual Administrations, coordination 
agreements are successfully completed. A license for which such 
procedures have not been completed may be subject to additional terms 
and conditions required for coordination of the frequency assignments 
with other Administrations.
* * * * *
    (d) The Commission will submit the information required by 
paragraphs (b) or (c) of this section to the ITU only after the 
applicant or licensee has submitted a signed declaration that it 
unconditionally accepts all consequent ITU cost-recovery 
responsibility. The declaration must be electronically filed in the 
``Other Filings'' tab of the application file in the IBFS database, and 
a paper copy must be mailed to the International Bureau, Satellite 
Division. The filing must reference the call sign and name of the 
international satellite system and include the name(s), address(es), 
email address(es), and telephone and fax number(s) of a contact person, 
or persons, responsible for cost recovery inquiries and ITU 
correspondence and filings. Supplements must be filed as necessary to 
apprise the Commission of changes in the contact information until the 
ITU cost-recovery responsibility is discharged. The applicant or 
licensee must remit payment of any resultant cost-recovery fee to the 
ITU by the due date specified in the ITU invoice, unless an appeal is 
pending with the ITU that was filed prior to the due date. A license 
granted in reliance on such a commitment will be conditioned upon 
discharge of any such cost-recovery obligation.
    Where an applicant or licensee has an overdue ITU cost-recovery fee 
and does not have an appeal pending with the ITU, the Commission will 
dismiss any application associated with that satellite network.

0
4. In Sec.  25.112, add paragraph (a)(4), to read as follows:


Sec.  25.112  Defective applications.

    (a) * * *
    (4) The application is identical to a pending application that was 
timely filed pursuant to Sec.  25.157 or Sec.  25.158.
* * * * *

0
5. In Sec.  25.113, revise the section heading and paragraph (a), add 
paragraph (b), remove and reserve paragraphs (c), (d), and (e), and 
revise paragraphs (f) and (h) to read as follows:


Sec.  25.113  Station construction, launch authority, and operation of 
spare satellites.

    (a) Construction permits are not required for earth stations. 
Construction of such stations may commence prior to grant of an earth 
station license at the applicant's own risk, subject to the 
requirements of Sec.  1.1312 and part 17 of this chapter concerning 
environmental processing and construction, marking, and lighting of 
antenna structures.
    (b) Construction permits are not required for Ancillary Terrestrial 
Component (ATC) stations. A party with licenses issued under this part 
for launch and operation of 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-
Satellite Service space stations and operation of associated ATC 
facilities may commence construction of ATC base stations at its own 
risk after commencing physical construction of the space stations, 
subject to the requirements of Sec.  1.1312 and part 17 of this 
chapter. Such an MSS/ATC licensee may also conduct equipment tests for 
the purpose of making adjustments and measurements necessary to ensure 
compliance with the terms of its ATC license, applicable rules in this 
part, and technical design requirements. Prior to commencing such 
construction and pre-operational testing, an MSS/ATC licensee must 
notify the Commission of the commencement of physical satellite 
construction and the licensee's intention to construct and test ATC 
facilities. This notification must be filed electronically in the 
appropriate file in the International Bureau Filing System database. 
The notification must specify the frequencies the licensee proposes to 
use for pre-operational testing and the name, address, and telephone 
number of a representative for the reporting and mitigation of any 
interference resulting from such testing. MSS/ATC licensees engaging in 
pre-operational testing must comply with Sec. Sec.  5.83, 5.85(c), 
5.111, and 5.117 of this chapter regarding experimental operations. An 
MSS/ATC licensee may not offer ATC service to the public for 
compensation during pre-operational testing.
* * * * *
    (f) Construction permits are not required for U.S.-licensed space 
stations, except for stations that the applicant proposes to operate to 
disseminate program content to be received by the public at large, 
rather than only by subscribers. Construction of a station for which a 
construction permit is not required may commence, at the applicant's 
own risk, prior to grant of a license. Before commencing pre-grant 
construction, however, an applicant must notify the Commission in 
writing that it plans to begin construction at its own risk.
* * * * *
    (h) Operators of NGSO satellite systems licensed by the Commission 
need not file separate applications to operate technically identical 
in-orbit spares launched pursuant to a blanket license granted under 
Sec.  25.114(a). However, the licensee must notify the Commission 
within 30 days of bringing the in-orbit spare into operation and 
certify that its activation has not increased the number of operating 
space stations above the number previously authorized and that the 
licensee has determined by measurement that the activated spare is 
operating within the terms of the license.


Sec.  25.114  [Amended]

0
6. Amend Sec.  25.114 as follows:
0
a. Revise paragraph (a);
0
b. Revise paragraphs (c)(4) through (c)(8), (c)(10), (c)(11), and 
(c)(13);
0
c. Remove and reserve paragraphs (c)(9) and (c)(12);
0
d Revise paragraph (d)(1);
0
e. Remove and reserve paragraphs (d)(2) through (d)(5);
0
f. Revise paragraphs (d)(7) and (d)(10) through (d)(13);
0
g. Add a new sentence at the end of paragraph (d)(14)(iv);
0
h. Add paragraph (d)(14)(v); and

[[Page 8315]]

0
i. Remove paragraph (e).


Sec.  25.114  Applications for space station authorizations.

    (a) A comprehensive proposal must be submitted for each proposed 
GSO space station or NGSO satellite constellation on FCC Form 312, Main 
Form and Schedule S, together with attached exhibits as described in 
paragraph (d) of this section. An application for blanket authority for 
an NGSO satellite constellation comprised of space stations that are 
not all technically identical must provide the information required by 
paragraphs (c) and (d) of this section for each type of space station 
in the constellation.
* * * * *
    (c) * * *
    (4)(i) For each space station transmitting and receiving antenna 
beam (including telemetry and tracking beams but not command beams), 
specify channel center frequencies and bandwidths and polarization 
plan. For command beams, specify each of the center frequencies within 
a 5 MHz range or a range of 2 percent of the assigned bandwidth, 
whichever is smaller, and the polarization plan. If the space station 
can vary channel bandwidth in a particular frequency band with on-board 
processing, specify only the range of frequencies in that band over 
which the beam can operate and the polarization plan.
    (ii) Specify maximum EIRP and maximum EIRP density for each space 
station transmitting antenna beam. If the satellite uses shapeable 
antenna beams, as defined in Sec.  25.103, specify instead maximum 
possible EIRP and maximum possible EIRP density within each shapeable 
beam's proposed coverage area. Provide this information for each 
frequency band in which the transmitting antenna would operate. For 
bands below 15 GHz, specify EIRP density in dBW/4 kHz; for bands at and 
above 15 GHz, specify EIRP density in dBW/MHz. If the EIRP density 
varies over time, specify the maximum possible EIRP density.
    (iii)-(iv) [Reserved]
    (v) For each space station receiving beam other than command beams, 
specify the gain-to-temperature ratio at beam peak. For receiving beams 
fed into transponders, also specify the minimum and maximum saturation 
flux density at beam peak. If the satellite uses shapeable beams, 
specify the minimum and maximum gain-to-temperature ratio within each 
shapeable beam's proposed coverage area, and for shapeable receiving 
beams fed into transponders, specify the minimum and maximum saturation 
power flux density within the 0 dB relative antenna gain isoline. 
Provide this information for each frequency band in which the receiving 
beam can operate. For command beams, specify the beam peak flux density 
at the command threshold;
    (vi)(A) For space stations in geostationary orbit, specify 
predicted space station antenna gain contour(s) for each transmit and 
receive antenna beam, except for beams where the contour at 8 dB below 
peak falls entirely beyond the edge of the visible Earth. These 
contour(s) should be plotted on an area map at 2 dB intervals down to 
10 dB below the peak gain and at 5 dB intervals between 10 dB and 20 dB 
below the peak gain. Applicants must present this information in a 
GIMS-readable format.
    (B) For space stations in non-geostationary orbits, specify for 
each unique orbital plane the predicted antenna gain contour(s) for 
each transmit and receive antenna beam for one space station if all 
space stations are identical in the constellation. If individual space 
stations in the constellation have different antenna beam 
configurations, specify the predicted antenna gain contours for each 
transmit and receive beam for each space station type and orbit or 
orbital plane requested. The contours should be plotted on an area map 
with the beam depicted on the surface of the earth with the space 
stations' peak antenna gain pointed at nadir to a latitude and 
longitude within the proposed service area. The contour(s) should be 
plotted at 2 dB intervals down to 10 dB below the peak gain and at 5 dB 
intervals between 10 dB and 20 dB below the peak gain. For 
intersatellite links, specify the peak antenna gain and 3 dB beamwidth.
    (C) For space stations with shapeable antenna beams, specify the 
contours, as defined in paragraph (c)(4)(vi)(A) or (B) of this section, 
for the transmitting beam configuration that results in the highest 
EIRP density for the beams listed in paragraph (c)(4)(ii) of this 
section and for the receiving beam configuration with the smallest 
gain-to-temperature ratio and the highest required saturation power 
flux density for the beams listed in paragraph (c)(4)(v) of this 
section. If the shapeable beams are also steerable, include the 
contours that would result from moving the beam peak around the limit 
of the effective beam peak area and the 0 dB relative antenna gain 
isoline. The proposed maximum coverage area must be clearly specified.
    (D) For space stations with steerable beams that are not shapeable, 
specify the applicable contours, as defined in paragraph(c)(4)(vi)(A) 
or (B) of this section, with a description of the area that the 
steerable beam(s) is expected to serve, or provide the contour 
information described in paragraph (c)(4)(vi)(C) of this section.
    (vii) For geostationary satellites with large numbers of identical 
fixed spot beams, other than DBS satellites, applicants may, as an 
alternative to submitting the information described in paragraph 
(c)(4)(vi) of this section with respect to these beams, provide the 
predicted antenna gain contours for one transmit and receive antenna 
beam, together with one of the following:
    (A) An area map showing all of the spot beams depicted on the 
surface of the Earth;
    (B) A table identifying the maximum antenna gain point(s) in 
latitude and longitude to the nearest 0.1 degree; or
    (C) A map of the isolines formed by combining all of the spot beams 
into one or more composite beams. For non-geostationary satellites with 
large numbers of identical fixed beams on each satellite, applicants 
may, as an alternative to submitting the information described in 
paragraph (c)(4)(vi) of this section with respect to those beams, 
specify the predicted antenna gain contours for one transmit and 
receive beam pointed to nadir, together with an area map showing all of 
the spot beams depicted on the surface of the earth with the 
satellites' peak antenna gain pointed to a selected latitude and 
longitude within the service area.
    (5) For space stations in geostationary orbit:
    (i) Orbital location requested,
    (ii) [Reserved]
    (iii) East-west station-keeping range,
    (iv) North-south station-keeping range, and
    (v) Accuracy to which antenna axis attitude will be maintained;
    (6) For space stations in non-geostationary orbits:
    (i) The number of orbital planes and the number of space stations 
in each plane,
    (ii) The inclination of the orbital plane(s),
    (iii) The orbital period,
    (iv) The apogee,
    (v) The perigee,
    (vi) The argument(s) of perigee,
    (vii) Active service arc(s),
    (viii) Right ascension of the ascending node(s), and
    (ix) For each satellite in each orbital plane, the initial phase 
angle at the reference time;
    (7) The frequency bands, types of service, and coverage areas;
    (8) Calculated maximum power flux density levels within each 
coverage area and energy dispersal bandwidths, if any,

[[Page 8316]]

needed for compliance with Sec.  25.208, for the angles of arrival 
specified in the applicable paragraph(s) of Sec.  25.208;
* * * * *
    (10) Estimated operational lifetime;
    (11) Whether the space station is to be operated on a common 
carrier basis;
* * * * *
    (13) The polarization information necessary for determining 
compliance with Sec. Sec.  25.210(a)(1), (a)(3), and (i);
    (d) * * *
    (1) Overall description of system facilities, operations and 
services and explanation of how uplink frequency bands would be 
connected to downlink frequency bands;
* * * * *
    (7) Applicants for authorizations for space stations in the Fixed-
Satellite Service must also include the information specified in Sec.  
25.140(a). Applicants for authorizations for space stations in the 17/
24 GHz Broadcasting-Satellite Service must also include the information 
specified in Sec.  25.140(b)(3), (b)(4), (b)(5), or (b)(6);
* * * * *
    (10) Applications for space station authorizations in the 1.6/2.4 
GHz Mobile-Satellite Service must also provide all information required 
by Sec.  25.143(b);
    (11) Applications for space stations in the Direct Broadcast 
Satellite Service must include a clear and detailed statement of 
whether the space station is to be operated on a broadcast or non-
broadcast basis;
    (12) Applications for authorizations in the non-geostationary orbit 
Fixed-Satellite Service in the 10.7-14.5 GHz bands must also provide 
all information specified in Sec.  25.146.
    (13) For satellite applications in the Direct Broadcast Satellite 
Service, if the proposed system's technical characteristics differ from 
those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder 
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A of the 
ITU Radio Regulations, each applicant must provide:
    (i) The information requested in Appendix 4 of the ITU Radio 
Regulations. Further, applicants must provide sufficient technical 
showing that the proposed system could operate satisfactorily if all 
assignments in the BSS and feeder link Plans were implemented.
    (ii) Analyses of the proposed system with respect to the limits in 
Annex 1 to Appendices 30 and 30A of the ITU Radio Regulations.
    (14) * * *
    (iv) * * * Applicants for space stations to be used only for 
commercial remote sensing may, in lieu of submitting detailed post-
mission disposal plans to the Commission, certify that they have 
submitted such plans to the National Oceanic and Atmospheric 
Administration for review.
    (v) For non-U.S.-licensed space stations, the requirement to 
describe the design and operational strategies to minimize orbital 
debris risk can be satisfied by demonstrating that debris mitigation 
plans for the space station(s) for which U.S. market access is 
requested are subject to direct and effective regulatory oversight by 
the national licensing authority.
* * * * *

0
7. In Sec.  25.115, revise paragraphs (a)(2), (a)(3), and (d), and add 
paragraphs (j) and (k) to read as follows:


Sec.  25.115  Applications for earth station authorizations.

    (a) * * *
    (2) Applicants for licenses for transmitting earth stations in the 
Fixed-Satellite Service may file on FCC Form 312EZ if all of the 
following criteria are met:
    (i) The application is for a single station that will transmit to 
an FSS GSO space station, or stations, in the 5925-6425 MHz band, or 
for single or multiple stations that will transmit to an FSS GSO space 
station, or stations, in the 14.0-14.5 GHz, 28.35-28.6 GHz, and/or 
29.5-30.0 GHz band;
    (ii) The earth station(s) will not be installed or operated on 
ships, aircraft, or other moving vehicles;
    (iii) The equivalent diameter of the proposed antenna is 4.5 meters 
or greater if the station will transmit in the 5925-6425 MHz band or 
1.2 meters or greater if the station will transmit in the 14.0-14.5 GHz 
band;
    (iv) If the station(s) will transmit in the 5925-6425 MHz band or 
the 14.0-14.5 GHz band, the performance of the proposed antenna 
comports with the standards in Sec.  25.209(a) and (b) and is verified 
in accordance with applicable provisions of Sec.  25.132;
    (v) If the station(s) will transmit in the 5925-6425 MHz band or 
the 14.0-14.5 GHz band, input power to the antenna will not exceed 
applicable limits specified in Sec. Sec.  25.211 and 25.212; if the 
station(s) will transmit in the 28.35-28.6 GHz and/or 29.5-30.0 GHz 
band, off-axis EIRP density will not exceed the levels specified in 
Sec.  25.138(a);
    (vi) Operation of the proposed station has been successfully 
coordinated with terrestrial systems, if the station would transmit in 
the 5925-6425 MHz band;
    (vii) The applicant has provided an environmental impact statement 
pursuant to Sec.  1.1311 of this chapter, if required; and
    (viii) The applicant does not propose to communicate via non-U.S.-
licensed satellites not on the Permitted Space Station List.
    (ix) If the proposed station(s) will transmit in the 28.35-28.6 GHz 
and/or 29.5-30 GHz bands, the applicant is proposing to communicate 
only via satellites for which coordination has been completed pursuant 
to Footnote US334 of the U.S. Table of Frequency Allocations with 
respect to Federal Government systems authorized on a primary basis, 
under an agreement previously approved by the Commission and the 
National Telecommunications and Information Administration, and the 
applicant certifies that it will operate consistently with the 
agreement.
    (3) Unless the Commission orders otherwise, an application filed on 
FCC Form 312EZ in accordance with paragraph (a)(2) of this section will 
be deemed granted 35 days after the date of the public notice that the 
application has been accepted for filing, provided no objection is 
filed during the 30-day public notice period.
* * * * *
    (d) Mobile-Satellite Service user transceivers need not be 
individually licensed. Service vendors may file blanket applications 
for such transceivers using FCC Form 312, Main Form and Schedule B, 
specifying the number of units to be covered by the blanket license. A 
blanket license application for 1.5/1.6 GHz MSS user transceivers must 
include an explanation of how the applicant will comply with the 
priority and preemptive access requirements in Sec.  25.287. (e) Earth 
stations operating in the Fixed-Satellite Service in the 20/30 GHz 
band: License applications for Fixed-Satellite Service earth stations 
that would communicate via geostationary satellites in the 18.3-18.8 
GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and/or 29.25-30.0 GHz band must 
include the information required by Sec.  25.138. Such earth stations 
may be licensed on a blanket basis. An application for a blanket 
license for such earth stations must specify the number of terminals to 
be covered by the license.
* * * * *
    (j) An application for a new fixed earth station or modification 
involving alteration of the overall height of one or more existing 
earth station antenna structures must include the FCC Antenna Structure 
Registration Number(s) for the antenna structure(s), if assigned. If no 
such number has been

[[Page 8317]]

assigned, the application must state whether prior FAA notification is 
required by part 17 of this chapter and, if so, whether the applicant 
or owner of the structure has notified the FAA of the proposed 
construction or alteration and applied for an Antenna Structure 
Registration Number in accordance with part 17 of this chapter. 
Applicants who maintain that prior FAA notification is not required for 
construction or alteration of a structure with overall height more than 
6.1 meters above ground level must explain in the application why such 
prior notification is not required.
    (k)(1) Applicants for Fixed-Satellite Service earth stations that 
qualify for routine processing in the C, Ku, or 20/30 GHz band, 
including ESV applications filed pursuant to Sec.  25.222(a)(1) or 
(a)(3), VMES applications filed pursuant to Sec.  25.226(a)(1) or 
(a)(3), and ESAA applications filed pursuant to Sec.  25.227(a)(1) or 
(a)(3), may designate the Permitted Space Station List as a point of 
communication. Once such an application is granted, the earth station 
operator may communicate with any space station on the Permitted Space 
Station List, provided that the operation is consistent with the 
technical parameters and conditions established in the earth station 
license and any limitations placed on the space station authorization 
or noted in the Permitted Space Station List.
    (2) Notwithstanding paragraph (k)(1) of this section, the operator 
of an earth station that qualifies for routine processing in the 20/30 
GHz bands may not communicate with a space station on the Permitted 
Space Station List in the 18.3-18.8 GHz or 19.7-20.2 GHz band until the 
space station operator has completed coordination under Footnote US334 
to Sec.  2.106 of this chapter.

0
8. Section 25.118 is amended as follows:
0
a. Revise paragraph (a)(2)(i);
0
b. Revise the paragraph heading in paragraph (e);
0
c. Revise paragraphs (e)(5) and (e)(8); and
0
d. Add paragraph (f).


Sec.  25.118  Modifications not requiring prior authorization.

    (a) * * *
    (2) * * *
    (i) The added, changed, or replaced facilities conform to any 
applicable requirements in Sec.  25.209;
* * * * *
    (e) Relocation of GSO space stations. * * *
* * * * *
    (5) The space station licensee certifies that it has completed any 
necessary coordination of its space station at the new location with 
other potentially affected space station operators, including 
coordination of station-keeping volume.
* * * * *
    (8) A DBS space station licensee must certify that there will be no 
increase in interference due to the operations of the relocated space 
station that would require the Commission to submit a proposed 
modification to the ITU Appendix 30 Broadcasting-Satellite Service 
(``BSS'') Plan and/or the Appendix 30A feeder link Plan to the ITU 
Radiocommunication Bureau.
* * * * *
    (f) Repositioning of NGSO space stations. A licensee may reposition 
NGSO space stations within an authorized orbital plane without prior 
Commission approval, provided the licensee notifies the Commission of 
the repositioning 10 days in advance by electronic filing on Form 312 
in the International Bureau Filing System. The notification must 
specify all changes in previously authorized parameters and must 
certify the following:
    (1) The licensee will continue to comply with the conditions of the 
space station license and all applicable Commission rules, including 
geographic coverage requirements, after the repositioning;
    (2) The repositioning will not increase risk of harmful 
interference to other systems not permitted by coordination agreements;
    (3) The licensee will not request increased interference protection 
because of the repositioning;
    (4) The licensee will monitor collision risk during the maneuver 
and take any necessary evasive measures.
    (5) Any change of orbital altitude entailed by the repositioning 
will not exceed 10 kilometers in extent or 30 days in duration and the 
licensee has notified, or will notify, the operator(s) of any satellite 
within 20 kilometers of the interim orbit at least 10 days before 
commencing the repositioning maneuver.

0
9. In Sec.  25.121, revise paragraph (d) to read as follows:


Sec.  25.121  License term and renewals.

* * * * *
    (d) Space stations. (1) For geostationary-orbit space stations, the 
license term will begin at 3 a.m. Eastern Time on the date when the 
licensee notifies the Commission pursuant to Sec.  25.173(b) that the 
space station has been successfully placed into orbit at its assigned 
orbital location and that its operations conform to the terms and 
conditions of the space station authorization.
    (2) For non-geostationary orbit space stations, the license period 
will begin at 3 a.m. Eastern Time on the date when the licensee 
notifies the Commission pursuant to Sec.  25.173(b) that operation of 
an initial space station is compliant with the license terms and 
conditions and that the space station has been placed in its authorized 
orbit. Operating authority for all space stations subsequently brought 
into service pursuant to the license will terminate upon its 
expiration.
* * * * *

0
10. In Sec.  25.129, revise paragraph (c) to read as follows:


Sec.  25.129  Equipment authorization for portable earth-station 
transceivers.

* * * * *
    (c) In addition to the information required by Sec.  1.1307(b) and 
Sec.  2.1033(c) of this chapter, applicants for certification required 
by this section must submit any test data necessary to demonstrate 
compliance with pertinent performance standards in Sec.  25.138, Sec.  
25.202(f), Sec.  25.204, Sec.  25.209, and Sec.  25.216, must submit 
the statements required by Sec.  2.1093(c) of this chapter, and must 
demonstrate compliance with the labeling requirement in Sec.  
25.285(b).
* * * * *
0
11. In Sec.  25.130, remove and reserve paragraph (e) and add paragraph 
(g), to read as follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

* * * * *
    (g) Parties may apply for a single FSS earth station license under 
one call sign covering operation of multiple transmitting antennas not 
eligible for blanket licensing under another section of this part, in 
the following circumstances:
    (1) The antennas would transmit in frequency bands shared with 
terrestrial services on a co-primary basis and the antennas would be 
sited within an area bounded by 1 second of latitude and 1 second of 
longitude.
    (2) The antennas would transmit in frequency bands allocated to FSS 
on a primary basis and there is no co-primary allocation for 
terrestrial services, and the antennas would be sited within an area 
bounded by 10 seconds of latitude and 10 seconds of longitude.

    Note to paragraph (g): This paragraph does not apply to 
applications filed pursuant to Sec. Sec.  25.134, 25.138, 25.221, 
25.222, 25.226, or 25.227 or to applications for 29 GHz NGSO

[[Page 8318]]

MSS feeder link stations in a complex as defined in Sec.  25.257.


0
12. In Sec.  25.131, revise the section heading and paragraphs (a), 
(b), (d), and (j)(2) to read as follows:


Sec.  25.131  Filing requirements and registration for receive-only 
earth stations.

    (a) Except as provided in paragraphs (b) and (j) of this section, 
applications for licenses for receive-only earth stations shall be 
submitted on FCC Form 312, Main Form and Schedule B, accompanied by any 
required exhibits and the information described in Sec.  25.130(a)(1) 
through (a)(5). Such applications must be filed electronically through 
the International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.
    (b) Receive-only earth stations in the Fixed-Satellite Service that 
operate with U.S.-licensed satellites, or that operate with non-U.S.-
licensed satellites on the Permitted Space Station List in accordance 
with paragraph (j) of this section, may be registered with the 
Commission in order to protect them from interference from terrestrial 
microwave stations in bands shared co-equally with the Fixed Service in 
accordance with the procedures of Sec. Sec.  25.203 and 25.251, subject 
to the stricture in Sec.  25.209(e).
* * * * *
    (d) Applications for registration must be filed on FCC Form 312, 
Main Form and Schedule B, accompanied by the coordination exhibit 
required by Sec.  25.203 and any other required exhibits.
* * * * *
    (j) * * *
    (2) Operators of receive-only earth stations used to receive 
transmissions from non-U.S.-licensed space stations on the Permitted 
Space Station List need not file for licenses, provided that the space 
station operator and earth station operator comply with all applicable 
rules in this chapter and with the applicable conditions in the 
Permitted Space Station List.

0
13. In Sec.  25.132, revise paragraphs (a), (b)(1), (b)(3), and 
paragraph (d) introductory text to read as follows:


Sec.  25.132  Verification of earth station antenna performance 
standards.

    (a)(1) Except for applications for 20/30 GHz earth stations and 
applications subject to the requirement in paragraph (b)(3) of this 
section, applications for transmitting earth stations in the Fixed-
Satellite Service, including feeder-link stations, must include 
certification that the applicant has reviewed the results of a series 
of radiation pattern tests performed by the antenna manufacturer on 
representative equipment in representative configurations, and the test 
results demonstrate that the equipment meets the off-axis gain 
standards in Sec.  25.209, measured in accordance with paragraph (b)(1) 
of this section. The licensee must be prepared to submit the radiation 
pattern measurements to the Commission on request.
    (2) Applications for transmitting GSO FSS earth stations operating 
in the 20/30 GHz band must include the antenna measurements specified 
in Sec. Sec.  25.138(d) and (e). Applications for transmitting NGSO FSS 
earth stations operating in the 20/30 GHz band must include the antenna 
measurements specified in Sec.  25.138(d).
    (b)(1) For purposes of paragraph (a)(1) of this section, the 
following measurements on a production antenna performed on calibrated 
antenna range, as a minimum, must be made at the bottom, middle and top 
of each allocated frequency band:
    (i) Co-polarized patterns in the E- and H-planes for linear-
polarized antennas or in two orthogonal cuts for circularly-polarized 
antennas:
    (A) In the azimuth plane, plus and minus 7 degrees and plus and 
minus 180 degrees from beam peak.
    (B) In the elevation plane, 0 to 45 degrees from beam peak.
    (ii) Cross-polarization patterns in the E- and H-planes for linear-
polarized antennas or in two orthogonal cuts for circularly-polarized 
antennas, plus and minus 9 degrees from beam peak.
    (iii) Main beam gain.
* * * * *
    (3) Except as provided in paragraph (d) of this section, applicants 
seeking authority to operate a Fixed-Satellite Service earth station 
pursuant to the requirements in Sec.  25.218, Sec.  25.220, Sec.  
25.221, Sec.  25.222, Sec.  25.223, Sec.  25.226, or Sec.  25.227 must 
submit a copy of the manufacturer's range test plots of the antenna 
gain patterns specified in paragraph (b)(1) of this section.
* * * * *
    (d) For each new or modified transmitting antenna over 3 meters in 
diameter, except antennas subject to measurement under Sec.  25.138(d), 
the following on-site verification measurements must be completed at 
one frequency on an available transponder in each frequency band of 
interest and submitted to the Commission.
* * * * *
0
14. In Sec.  25.133, revise the first sentence of paragraph (a)(1), the 
first sentence of paragraph (a)(2), paragraph (b)(1) introductory text, 
and paragraph (b)(1)(v) to read as follows:


Sec.  25.133  Period of construction; certification of commencement of 
operation.

    (a)(1) Each initial license for an earth station governed by this 
part, except for blanket licenses, will specify as a condition therein 
the period in which construction of facilities must be completed and 
station operation commenced. * * *
    (2) Each initial blanket license for multiple earth stations at 
unspecified locations will specify as a condition therein the period in 
which station operation must be commenced. * * *
    (b)(1) Each initial license for a transmitting earth station or 
modified license authorizing operation of an additional transmitting 
antenna, except for blanket licenses, will also specify as a condition 
therein that upon completion of construction, the licensee must file 
with the Commission a certification containing the following 
information:
* * * * *
    (v) A certification that the facility as authorized has been 
completed and that each antenna has been tested and found to perform 
within 2 dB of the applicable pattern specified in Sec.  25.209 or 
other authorized pattern;
* * * * *
0
15. In Sec.  25.134, remove and reserve paragraph (a)(1) and revise 
paragraphs (b), (e), (f), (g), and (h) to read as follows:


Sec.  25.134  Licensing provisions for 12/14 GHz Very Small Aperture 
Terminal (VSAT) and C-band Small Aperture Terminal (CSAT) networks.

* * * * *
    (b) VSAT networks operating in the 12/14 GHz band. An applicant for 
a VSAT network authorization proposing to operate with transmitted 
power spectral density and/or antenna input power in excess of the 
values specified in paragraph (g) of this section must comply with the 
requirements in Sec.  25.220.
* * * * *
    (e) VSAT networks operating in the 12/14 GHz bands may use more 
than one hub earth station, and the hubs may be sited at different 
locations.
    (f) 12/14 GHz VSAT operators may use temporary fixed earth stations 
as hub earth stations or remote earth stations in their networks, but 
must specify, in their license applications, the number of temporary 
fixed earth stations they plan to use.
    (g) Applications for VSAT operation in the 12/14 GHz bands that 
meet the

[[Page 8319]]

following requirements will be routinely processed:
    (1) Equivalent antenna diameter is 1.2 meters or more and the 
application includes certification of conformance with relevant antenna 
performance standards in Sec.  25.209 pursuant to Sec.  25.132(a)(1).
    (2) The maximum transmitter power spectral density of a digital 
modulated carrier into any GSO FSS earth station antenna does not 
exceed -14.0 - 10log(N) dB(W/4 kHz). For a VSAT network using a 
frequency division multiple access (FDMA) or a time division multiple 
access (TDMA) technique, N is equal to one. For a VSAT network using a 
code division multiple access (CDMA) technique, N is the maximum number 
of co-frequency simultaneously transmitting earth stations in the same 
satellite receiving beam.
    (3) The maximum GSO FSS satellite EIRP spectral density of the 
digital modulated emission does not exceed 10 dB(W/4kHz) for all 
methods of modulation and accessing techniques.
    (4) Any earth station applicant filing an application to operate a 
VSAT network in the 12/14 GHz bands and planning to use a contention 
protocol must certify that its contention protocol usage will be 
reasonable.
    (5) The maximum transmitter power spectral density of an analog 
carrier into any GSO FSS earth station antenna does not exceed -8.0 
dB(W/4kHz) and the maximum GSO FSS satellite EIRP spectral density does 
not exceed +17.0 dB(W/4kHz).
    (h) VSAT operators licensed pursuant to this section are prohibited 
from using remote earth stations in their networks that are not 
designed to stop transmission when synchronization to signals from the 
target satellite fails.

0
16. In Sec.  25.135, revise the section heading, remove and reserve 
paragraph (b), revise paragraph (c) to read as set forth below, and 
remove paragraph (d):


Sec.  25.135  Licensing provisions for earth station networks in the 
non-voice, non-geostationary Mobile-Satellite Service.

* * * * *
    (c) Transceiver units in this service are authorized to communicate 
with and through U.S.-authorized space stations only.


Sec.  25.136  [Removed and Reserved]

0
17. Remove and reserve Sec.  25.136.

0
18. In Sec.  25.138, revise the section heading and paragraph (a) 
introductory text, remove and reserve paragraph (a)(5), and revise 
paragraphs (b), (d), (e), (f), and (g) to read as follows:


Sec.  25.138  Licensing requirements for GSO FSS Earth Stations in the 
18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-
28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) bands.

    (a) Applications for earth station licenses in the GSO FSS in the 
18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands 
that indicate that the following requirements will be met and include 
the information required by paragraph (d) of this section will be 
routinely processed:
* * * * *
    (b) An applicant proposing levels in excess of those specified in 
paragraph (a) of this section must certify that operators of all co-
frequency GSO FSS space stations within 6 degrees of the proposed 
satellite point(s) of communication are aware of the applicant's 
proposal to operate with the higher power densities and have stated 
that they have no objection to such operation.
* * * * *
    (d)(1) Except as provided in paragraph (d)(2) of this section, the 
applicant must provide, for each earth station antenna type, a series 
of radiation patterns measured on a production antenna. The 
measurements must be performed on a calibrated antenna range and, at a 
minimum, must be made at the bottom, middle, and top frequencies of 
each requested uplink band. The radiation patterns are:
    (i) Co-polarized patterns in the E- and H-planes for linear-
polarized antennas or in two orthogonal planes for circularly-polarized 
antennas:
    (A) In the azimuth plane, plus and minus 10 degrees and plus and 
minus 180 degrees from beam peak.
    (B) In the elevation plane, 0 to 30 degrees.
    (ii) Cross-polarization patterns in the E- and H-planes for linear-
polarized antennas or in two orthogonal planes for circularly-polarized 
antennas, plus and minus 10 degrees from beam peak.
    (iii) Main beam gain.
    (2) For antennas more than 3 meters in diameter that will only be 
assembled on-site, on-site measurements may be submitted. If on-site 
data is to be submitted, the test frequencies and number of patterns 
should follow, where possible, the requirements in paragraph (d)(1) of 
this section for at least one frequency. Certification that the on-site 
testing has been satisfactorily performed must be included with the 
certification filed pursuant to Sec.  25.133(b).
    (e) Protection of downlink reception from adjacent satellite 
interference is based on either the antenna performance specified in 
Sec.  25.209 (a) and (b), or the actual receiving earth station antenna 
performance, if actual performance provides greater isolation from 
adjacent satellite interference. For purposes of ensuring the correct 
level of protection, the applicant must provide, for each earth station 
antenna type, antenna performance plots for the 18.3-18.8 GHz and 19.7-
20.2 GHz bands in the format prescribed in paragraph (d) of this 
section.
    (f) The holder of a blanket license pursuant to this section will 
be responsible for operation of any transceiver to receive service 
provided by that licensee or provided by another party with the blanket 
licensee's consent. Space station operators may not transmit 
communications to or from user transceivers in the United States in the 
18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz band 
unless such communications are authorized under an FCC earth station 
license.
    (g) A licensee applying for renewal of a license issued pursuant to 
this section must specify on FCC Form 312R the number of constructed 
earth stations.

0
19. Section 25.140 is amended as follows:
0
a. Revise the section heading;
0
b. Add paragraph (a);
0
c. Remove and reserve paragraphs (b)(1) and (2);
0
d. In paragraphs (b)(3), (b)(4)(i) through (iii), and (b)(5) remove the 
words ``paragraph (b)(2)'' and replace them with the words ``paragraph 
(a)''


Sec.  25.140  Further requirements for license applications for 
geostationary space stations in the Fixed-Satellite Service and the 17/
24 GHz Broadcasting-Satellite Service.

    (a) In addition to the information required by Sec.  25.114, 
applicants for geostationary-orbit FSS space stations must provide an 
interference analysis to demonstrate the compatibility of their 
proposed system with respect to authorized space stations within 2 
degrees of any proposed satellite point of communication. An applicant 
should provide details of its proposed radio frequency carriers which 
it believes should be taken into account in this analysis. At a 
minimum, the applicant must include, for each type of radio frequency 
carrier, the link noise budget, modulation parameters, and overall link 
performance analysis. (See Appendices B and C to Licensing of Space 
Stations in the Domestic Fixed-Satellite Service, FCC 83-184, and the 
following public notices, copies of which are available in the 
Commission's EDOCS database: DA 03-3863 and DA 04-1708.)

[[Page 8320]]

    (b) Each applicant for a license for a 17/24 GHz Broadcasting-
Satellite Service space station must provide the following information, 
in addition to that required by Sec.  25.114:
* * * * *


Sec.  25.142  [Amended]

0
20. In Sec.  25.142, remove and reserve paragraph (c) and remove 
paragraph (e).

0
21. In Sec.  25.143, revise paragraph (b)(1) to read as set forth 
below, remove and reserve paragraphs (d) and (e), and remove paragraphs 
(i), (j) and (k):


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

* * * * *
    (b) * * * (1) General Requirements. Each application for a space 
station system authorization in the 1.6/2.4 GHz Mobile-Satellite 
Service or 2 GHz Mobile-Satellite Service must include the information 
specified in Sec.  25.114. Applications for non-U.S.-licensed systems 
must comply with the provisions of Sec.  25.137.
* * * * *


Sec.  25.144  [Amended]

0
22. In Sec.  25.144, remove paragraph (a)(3)(iii) and remove and 
reserve paragraph (c).

0
23. In Sec.  25.145, remove and reserve paragraphs (a) and (f)(1), 
revise paragraph (g) to read as set forth below, and remove paragraph 
(i):


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

* * * * *
    (g) Protection from interference from terrestrial operation in the 
18.3 to 19.3 GHz band. Fixed-Satellite Service operators are entitled 
to protection from harmful interference from terrestrial stations 
operating in this frequency band. See Sec. Sec.  21.901(e), 74.502(c), 
74.602(g), 78.18(a)(4), and 101.147(r) of this chapter.
* * * * *


Sec.  25.146  [Amended]

0
24. In Sec.  25.146, revise the section heading to read as set forth 
below, remove and reserve paragraphs (c), (k), and (l), and remove 
paragraph (n):


Sec.  25.146  Licensing and operating rules for the non-geostationary 
orbit Fixed-Satellite Service in the 10.7 GHz-14.5 GHz bands.

* * * * *

0
25. In Sec.  25.153, revise paragraph (a) to read as follows:


Sec.  25.153  Repetitious applications.

    (a) Where an application has been denied or dismissed with 
prejudice, the Commission will not consider a like application 
involving service of the same kind to the same area by the same 
applicant, or by its successor or assignee, or on behalf of or for the 
benefit of any of the original parties in interest, until after the 
lapse of 12 months from the effective date of the Commission's action.
* * * * *

0
26. In Sec.  25.154, revise paragraphs (d) and (e) to read as follows:


Sec.  25.154  Opposition to applications and other pleadings.

* * * * *
    (d) Reply comments by a party that filed a petition to deny may be 
filed in response to pleadings filed pursuant to paragraph (c) or (e) 
of this section within 5 days after expiration of the time for filing 
oppositions unless the Commission extends the filing deadline and must 
be in accordance with other applicable provisions of Sec. Sec.  1.41 
through 1.52 of this chapter, except that such reply comments must be 
filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart 
Y of this chapter.
    (e) Within 30 days after a petition to deny an application filed 
pursuant to Sec.  25.220 is filed, the applicant may file an opposition 
to the petition and must file a statement with the Commission, either 
in conjunction with, or in lieu of, such opposition, explaining whether 
the applicant has resolved all outstanding issues raised by the 
petitioner. This statement and any conjoined opposition must be in 
accordance with the provisions of Sec. Sec.  1.41 through 1.52 of this 
chapter applicable to oppositions to petitions to deny, except that 
such reply comments must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.

0
27. In Sec.  25.161, revise paragraph (b) to read as follows:


Sec.  25.161  Automatic termination of station authorization.

* * * * *
    (b) The expiration of the license term, unless, in the case of an 
earth station license, an application for renewal of the license has 
been filed with the Commission pursuant to Sec.  25.121(e) or, in the 
case of a space station license, an application for extension of the 
license term has been filed with the Commission; or
* * * * *

0
28. In Sec.  25.164, revise paragraphs (a)(4), (b)(4), (c) through (g) 
and add paragraph (h) to read as follows:


Sec.  25.164  Milestones.

    (a) * * *
    (4) Five years: Launch the space station, position it in its 
assigned orbital location, and operate it in accordance with the 
station authorization.
    (b) * * *
    (4) Three years, six months: Launch the first space station, place 
it in the authorized orbit, and operate it in accordance with the 
station authorization.
* * * * *
    (c) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, must either submit a copy of a binding non-
contingent satellite construction contract with the Commission or 
notify the Commission in writing that they have not entered into such a 
contract, no later than 15 days after the milestone date for entering 
into such a contract.
    (d) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, must either submit information to the Commission 
sufficient to demonstrate that the licensee has completed the critical 
design review of the licensed satellite system or notify the Commission 
in writing that critical design review has not been completed, no later 
than 15 days after the milestone date for completion of such design 
review.
    (e) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, must either submit information to the Commission 
sufficient to demonstrate that the licensee has commenced physical 
construction of its licensed spacecraft or notify the Commission in 
writing that such construction has not commenced, no later than 15 days 
after the milestone date for such commencement.
    (f) Licensees of all satellite systems, other than DBS and SDARS 
systems, must either demonstrate compliance with an applicable deadline 
for operation or launch and operation specified in paragraph (a) or (b) 
of this section or notify the Commission in writing that launch and 
commencement of operation has not occurred, no later than 15 days after 
the deadline. Compliance with a milestone requirement in paragraph 
(a)(4), (b)(4), or (b)(5) of this section may be demonstrated by 
certifying pursuant to Sec.  25.121(d) that the space station, or

[[Page 8321]]

stations, has, or have, been launched and placed in the authorized 
orbital location or non-geostationary orbit(s) and that in-orbit 
operation of the space station or stations has been tested and found to 
be consistent with the terms of the authorization.
    (g) Licensees of satellite systems that include both non-
geostationary orbit satellites and geostationary orbit satellites, 
other than DBS and DARS satellite systems, will be required to comply 
with the schedule in paragraph (a) of this section with respect to the 
geostationary orbit satellites, and with the schedule set forth in 
paragraph (b) of this section with respect to the non-geostationary 
orbit satellites.
    (h) In cases where the Commission grants a satellite authorization 
in different stages, such as a license for a satellite system using 
feeder links or inter-satellite links, the earliest of the milestone 
schedules will be applied to the entire satellite system.

0
29. Add an undesignated center heading ``Reporting Requirements For 
Space Station Operators'' to subpart B immediately following Sec.  
25.165.

0
30. Add Sec.  25.170 to read as follows:


Sec.  25.170  Annual reporting requirements.

    All operators of U.S.-licensed space stations and operators of non-
U.S.-licensed space stations granted U.S. market access must, on June 
30 of each year, file a report with the International Bureau containing 
the following information:
    (a) Identification of any space station(s) not available for 
service or otherwise not performing to specifications as of May 31 of 
the current year, any spectrum within the scope of the part 25 license 
or market access grant that the space station is unable to use, the 
cause(s) of these difficulties, and the date when the space station was 
taken out of service or the malfunction was identified; and
    (b) A current listing of the names, titles, addresses, email 
addresses, and telephone numbers of the points of contact for 
resolution of interference problems and for emergency response. Contact 
personnel should include those responsible for resolution of short 
term, immediate interference problems at the system control center, and 
those responsible for long term engineering and technical design 
issues.
    (c) Construction progress and anticipated launch dates for 
authorized replacement satellites.

    Note to Sec.  25.170: Space station operators may also be 
subject to outage reporting requirements in part 4 of this chapter.


0
31. Add Sec.  25.171 to read as follows:


Sec.  25.171  Contact information reporting requirements.

    If contact information filed in space station application or 
pursuant to Sec.  25.170(b) or Sec.  25.172(a)(1) changes, the operator 
must file corrected information electronically in the Commission's 
International Bureau Filing System (IBFS), in the ``Other Filings'' tab 
of the station's current authorization file. The operator must file the 
updated information within 10 days.

0
32. Add Sec.  25.172 to read as follows:


Sec.  25.172  Requirements for reporting space station control 
arrangements.

    (a) The operator of any space station licensed by the Commission or 
granted U.S. market access must file the following information with the 
Commission prior to commencing operation with the space station, or, in 
the case of a non-U.S.-licensed space station, prior to commencing 
operation with U.S. earth stations.
    (1) The information required by Sec.  25.170(b).
    (2) The call signs of any telemetry, tracking, and command earth 
station(s) communicating with the space station from any site in the 
United States.
    (3) The location, by city and country, of any telemetry, tracking, 
and command earth station that communicates with the space station from 
any point outside the United States.
    (4) Alternatively, instead of listing the call signs and/or 
locations of earth stations currently used for telemetry, tracking, and 
command, the space station operator may provide 24/7 contact 
information for a satellite control center and a list of the call signs 
of any U.S. earth stations, and the locations of any non-U.S. earth 
stations, that are used or may be used for telemetry, tracking, and 
command communication with the space station(s) in question.
    (b) The information required by paragraph (a) of this section must 
be filed electronically in the Commission's International Bureau Filing 
System (IBFS), in the ``Other Filings'' tab of the space station's 
current authorization file. If call sign or location information 
provided pursuant to paragraph (a) of this section becomes invalid due 
to a change of circumstances, the space station operator must file 
updated information in the same manner within 30 days, except with 
respect to changes less than 30 days in duration, for which no update 
is necessary.

0
33. Add Sec.  25.173 to read as follows:


Sec.  25.173  Results of in-orbit testing.

    (a) Space station operators must measure the co-polarized and 
cross-polarized performance of space station antennas through in-orbit 
testing and submit the measurement data to the Commission upon request.
    (b) Within 15 days after completing in-orbit testing of a space 
station licensed under this part, the operator must notify the 
Commission that such testing has been completed and certify that the 
space station's measured performance is consistent with the station 
authorization and that the space station is capable of using its 
assigned frequencies or inform the Commission of any discrepancy. The 
licensee must also indicate in the filing whether the space station has 
been placed in the assigned geostationary orbital location or non-
geostationary orbit. If the licensee files a certification pursuant to 
this paragraph before the space station has been placed in its assigned 
orbit or orbital location, the licensee must separately notify the 
Commission that the space station has been placed in such orbit or 
orbital location within 3 days after such placement and that the 
station's measured performance is consistent with the station 
authorization.


Sec.  25.201  [Removed and Reserved]

0
34. Remove and reserve Sec.  25.201.

0
35. In Sec.  25.202, revise the section heading, remove and reserve 
paragraph (c), and revise the first sentence in paragraph (g) to read 
as follows:


Sec.  25.202  Frequencies, frequency tolerance, and emission limits.

* * * * *
    (g) Telemetry, tracking and command functions must be conducted at 
either or both edges of the allocated band(s). * * *
* * * * *

0
36. In Sec.  25.203, revise the first sentence in paragraph (f), the 
first sentence in paragraph (i) introductory text, and the second 
sentence of paragraph (i)(1) to read as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (f) Notification to the National Radio Astronomy Observatory: In 
order to minimize possible harmful interference at the National Radio 
Astronomy Observatory site at Green Bank, Pocahontas County, W. Va., 
and at the Naval Radio Research Observatory site at Sugar Grove, 
Pendleton County, W. Va., any applicant for operating authority under 
this part for a new station, other than a mobile or

[[Page 8322]]

temporary fixed station, within the area bounded by 39[deg]15' N. on 
the north, 78[deg]30' W. on the east, 37[deg]30' N. on the south and 
80[deg]30' W. on the west or for modification of an existing license 
for such station to change the station's frequency, power, antenna 
height or directivity, or location must, when filing the application 
with the Commission, simultaneously notify the Director, National Radio 
Astronomy Observatory, P.O. Box No. 2, Green Bank, W. Va. 24944, in 
writing, of the technical particulars of the proposed station. * * *
* * * * *
    (i) Any applicant for a new permanent transmitting fixed earth 
station to be located on the island of Puerto Rico, Desecheo, Mona, 
Vieques, or Culebra, or for modification of an existing authorization 
to change the frequency, power, antenna height, directivity, or 
location of such a station on one of these islands in a way that would 
increase the likelihood of causing interference, must notify the 
Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, 
Puerto Rico 00612, in writing or electronically, of the technical 
parameters of the proposal. * * *
    (1) * * * The notification must specify the geographical 
coordinates of the antenna (NAD-83 datum), antenna height above ground, 
ground elevation at the antenna, antenna directivity and gain, proposed 
frequency, relevant FCC rule part, type of emission, effective radiated 
power, and whether the proposed use is itinerant. * * *
* * * * *

0
37. In Sec.  25.204, revise the section heading and paragraphs (e) and 
(f) to read as set forth below, and remove and reserve paragraph (g):


Sec.  25.204  Power limits for earth stations.

* * * * *
    (e) To the extent specified in paragraphs (e)(1) through (e)(4) of 
this section, earth stations in the Fixed-Satellite Service may employ 
uplink adaptive power control or other methods of fade compensation to 
facilitate transmission of uplinks at power levels required for desired 
link performance while minimizing interference between networks.
    (1) Except when paragraphs (e)(2) through (e)(4) of this section 
apply, transmissions from FSS earth stations in frequencies above 10 
GHz may exceed the uplink EIRP and EIRP density limits specified in the 
station authorization under conditions of uplink fading due to 
precipitation by an amount not to exceed 1 dB above the actual amount 
of monitored excess attenuation over clear sky propagation conditions. 
EIRP levels must be returned to normal as soon as the attenuating 
weather pattern subsides. The maximum power level for power control 
purposes must be coordinated with adjacent satellite operators.
    (2) An FSS earth station transmitting to a geostationary space 
station in the 13.77-13.78 GHz band must not generate more than 71 dBW 
EIRP in any 6 MHz band. An FSS earth station transmitting to a non-
geostationary space station in the 13.77-13.78 GHz band must not 
generate more than 51 dBW EIRP in any 6 MHz band. Automatic power 
control may be used to increase the EIRP density in a 6 MHz uplink band 
in this frequency range to compensate for rain fade, provided that the 
power flux-density at the space station does not exceed the value that 
would result when transmitting with an EIRP of 71 dBW or 51 dBW, as 
appropriate, in that 6 MHz band in clear-sky conditions.
    (3) FSS earth stations transmitting to geostationary space stations 
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands may employ uplink 
adaptive power control or other methods of fade compensation. For 
stations employing uplink power control, the values in paragraphs 
(a)(1), (a)(2), and (a)(4) of Sec.  25.138 may be exceeded by up to 20 
dB under conditions of uplink fading due to precipitation. The amount 
of such increase in excess of the actual amount of monitored excess 
attenuation over clear sky propagation conditions must not exceed 1.5 
dB or 15 percent of the actual amount of monitored excess attenuation 
in dB, whichever is larger, with a confidence level of 90 percent 
except over transient periods accounting for no more than 0.5 percent 
of the time during which the excess is no more than 4.0 dB.
    (4) Transmissions in the 24.75-25.25 GHz band from 17/24 GHz BSS 
feeder-link earth stations employing power control may exceed the 
values in paragraphs (b)(1), (b)(2), and (b)(4) of Sec.  25.223 by up 
to 20 dB under conditions of uplink fading due to precipitation. The 
amount of such increase in excess of the actual amount of monitored 
excess attenuation over clear sky propagation conditions must not 
exceed 1.5 dB or 15 percent of the actual amount of monitored excess 
attenuation in dB, whichever is larger, with a confidence level of 90 
percent except over transient periods accounting for no more than 0.5 
percent of the time during which the excess is no more than 4.0 dB.
    (f) An earth station in the Fixed-Satellite Service transmitting in 
the 13.75-14 GHz band must have a minimum antenna diameter of 4.5 m, 
and the EIRP of any emission in that band should be at least 68 dBW and 
should not exceed 85 dBW.
* * * * *

0
38. Revise Sec.  25.206 to read as follows:


Sec.  25.206  Station identification.

    The requirement to transmit station identification is waived for 
all radio stations licensed under this part with the exception of earth 
stations subject to the requirements of Sec.  25.281.

0
39. In Sec.  25.208, revise paragraph (w) introductory text and add a 
note to paragraph (w) to read as follows:


Sec.  25.208  Power flux density limits.

* * * * *
    (w) The power flux density at the Earth's surface produced by 
emissions from a 17/24 GHz BSS space station operating in the 17.3-17.7 
GHz band for all conditions and all methods of modulation must not 
exceed the regional power flux density levels prescribed in paragraphs 
(w)(1) through (4) of this section.
* * * * *

    Note to Paragraph (w): These limits pertain to the power flux-
density that would be obtained under assumed free-space propagation 
conditions.


0
40. Section 25.209 is amended as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Remove the word ``Ka-band'' from paragraphs (a)(1) through (a)(4) 
and add in its place the phrase ``20/30 GHz band'';
0
c. Revise paragraph (b) introductory text;
0
d. Remove and reserve paragraph (d);
0
e. Revise the first and seventh sentences in paragraph (f);
0
f. Remove and reserve paragraph (g); and
0
g. Revise paragraph (h)(1).


Sec.  25.209  Earth station antenna performance standards.

    (a) Except as provided in paragraph (f) of this section, the gain 
of any antenna to be employed in transmission from an earth station in 
the Fixed-Satellite Service shall lie below the relevant envelope 
defined in paragraphs (a)(1) through (4) of this section:
* * * * *
    (b) Except as provided in paragraph (f) of this section, the off-
axis cross-polarization gain of any antenna to be employed in 
transmission from an earth station to a space station in the Fixed-

[[Page 8323]]

Satellite Service shall be defined as follows:
* * * * *
    (f) An earth station with an antenna not conforming to relevant 
standards in paragraphs (a) and (b) of this section will be authorized 
only if the applicant demonstrates that the antenna will not cause 
unacceptable interference. * * * For other FSS earth stations, this 
demonstration must comply with the requirements in Sec. Sec.  25.138, 
25.218, or 25.220. * * *
* * * * *
    (h)(1) The gain of any transmitting gateway earth station antenna 
operating in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, 
13.8-14.0 GHz, and 14.4-14.5 GHz bands and communicating with NGSO FSS 
satellites must lie below the envelope defined as follows:

29-25log10([thgr]) dBi for 1[deg] <= [thgr] <= 36[deg]
-10 dBi for 36[deg] < [thgr] <= 180[deg]

Where:
[thgr] is the angle in degrees from the axis of the main lobe, and 
dBi means dB relative to an isotropic radiator.
* * * * *

0
41. Section 25.210 is amended as follows:
0
a. Remove and reserve paragraph (b),
0
b. Revise paragraph (c),
0
c. Add a sentence to the end of paragraph (f), and
0
d. Remove paragraphs (k) and (l).


Sec.  25.210  Technical requirements for space stations.

* * * * *
    (c) Space station antennas operating in the Direct Broadcast 
Satellite Service or operating in the Fixed-Satellite Service for 
reception of feeder links for Direct Broadcast Satellite Service must 
be designed to provide a cross-polarization isolation such that the 
ratio of the on-axis co-polar gain to the cross-polar gain of the 
antenna in the assigned frequency band is at least 27 dB within the 
primary coverage area.
* * * * *
    (f) * * * This requirement does not apply to telemetry, tracking, 
and command operation.
* * * * *

0
42. In Sec.  25.211, revise paragraphs (d) and (e) to read as set forth 
below, and remove paragraph (f):


Sec.  25.211  Analog video transmissions in the Fixed-Satellite 
Service.

* * * * *
    (d) An earth station may be routinely licensed for transmission of 
full-transponder analog video services in the 5925-6425 MHz band or 
14.0-14.5 GHz band provided:
    (1) The application includes certification, pursuant to Sec.  
25.132(a)(1), of conformance with the antenna performance standards in 
Sec.  25.209(a) and (b);
    (2) An antenna with an equivalent diameter of 4.5 meters or greater 
will be used for such transmission in the 5925-6425 MHz band, and the 
input power into the antenna will not exceed 26.5 dBW;
    (3) An antenna with an equivalent diameter of 1.2 meters or greater 
will be used for such transmission in the 14.0-14.5 GHz band, and the 
input power into the antenna will not exceed 27 dBW.
    (e) Applications for authority for analog video uplink transmission 
in the Fixed-Satellite Service not eligible for routine licensing under 
paragraph (d) of this section are subject to the provisions of Sec.  
25.220.

0
43. In Sec.  25.212, revise paragraphs (c), (d), and (e) to read as 
follows:


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

* * * * *
    (c)(1) An earth station that is not subject to licensing under 
Sec.  25.134, Sec.  25.222, Sec.  25.226, or Sec.  25.227 may be 
routinely licensed for analog transmissions in the 14.0-14.5 GHz band 
with bandwidths up to 200 kHz (or up to 1 MHz for command carriers at 
the band edge) if the equivalent diameter of the transmitting antenna 
is 1.2 meters or greater, input power spectral density into the antenna 
will not exceed -8 dBW/4 kHz, transmitted satellite carrier EIRP 
density will not exceed 17 dBW/4 kHz, and the application includes 
certification pursuant to Sec.  25.132(a)(1) of conformance with the 
antenna performance standards in Sec.  25.209(a) and (b).
    (2) An earth station that is not subject to licensing under Sec.  
25.134, Sec.  25.222, Sec.  25.226, or Sec.  25.227 may be routinely 
licensed for digital transmission, including digital video 
transmission, in the 14.0-14.5 GHz band if the equivalent diameter of 
the transmitting antenna is 1.2 meters or greater, input power spectral 
density into the antenna will not exceed -14 dBW/4 kHz, transmitted 
satellite carrier EIRP density will not exceed +10.0 dBW/4 kHz, and the 
application includes certification pursuant to Sec.  25.132(a)(1) of 
conformance with the antenna performance standards in Sec.  25.209(a) 
and (b).
    (d) An earth station that is not subject to licensing under Sec.  
25.134 or Sec.  25.221 may be routinely licensed for digital 
transmission in the 5925-6425 MHz band or analog transmission in that 
band with carrier bandwidths up to 200 kHz (or up to 1 MHz for command 
carriers at the band edge) if the equivalent diameter of the transmit 
antenna is 4.5 meters or greater, the application includes 
certification pursuant to Sec.  25.132(a)(1) of conformance with the 
antenna performance standards in Sec.  25.209(a) and (b), and maximum 
power density into the antenna will not exceed +0.5 dBW/4 kHz for 
analog carriers or -2.7 - 10log(N) dBW/4 kHz for digital carriers. For 
digital transmission with frequency division multiple access (FDMA) or 
time division multiple access (TDMA), N is equal to one. For digital 
transmission with code division multiple access (CDMA), N is the 
maximum number of co-frequency simultaneously transmitting earth 
stations in the same satellite receiving beam.
    (e) An applicant for authority for an earth station in the Fixed-
Satellite Service proposing to transmit digital signals or analog 
signals in bandwidths up to 200 kHz (or up to 1 MHz for command 
carriers at the band edge) and to operate with transmitted satellite 
carrier EIRP densities, and/or maximum antenna input power densities in 
excess of those specified in applicable provisions of paragraph (c) or 
(d) of this section or operate with a smaller antenna than specified in 
a relevant provision of those paragraphs must comply with the 
requirements in Sec.  25.218 or Sec.  25.220, unless the application is 
subject to licensing pursuant to Sec.  25.221, Sec.  25.222, Sec.  
25.226, or Sec.  25.227.
* * * * *

0
44. In Sec.  25.214, remove and reserve paragraph (a) and revise 
paragraph (c)(1) to read as follows:


Sec.  25.214  Technical requirements for space stations in the 
Satellite Digital Audio Radio Service and associated terrestrial 
repeaters.

* * * * *
    (c) * * *
    (1) Exclusive SDARS licenses are limited to the 2320-2345 MHz 
segment of the 2310-2360 MHz allocated bandwidth for SDARS;
* * * * *


Sec.  25.215  [Removed and Reserved]

0
45. Remove and reserve Sec.  25.215.

0
46. In Sec.  25.217, revise paragraph (b)(1), the first sentence of 
paragraph (b)(3), and paragraph (c)(1) to read as follows:


Sec.  25.217  Default service rules.

* * * * *

[[Page 8324]]

    (b)(1) For all NGSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.157 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.142(d), 25.143(b)(2)(ii), 25.143(b)(2)(iii), 25.204(e), 
25.210(d), 25.210(f), and 25.210(i).
* * * * *
    (3) Mobile earth station licensees authorized to operate with one 
or more space stations subject to paragraph (b)(1) of this section must 
comply with the requirements in Sec. Sec.  25.285 and 25.287, 
notwithstanding the frequency bands specified in those sections. * * *
    (c)(1) For all GSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.158 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.142(d), 25.143(b)(2)(iv), 25.204(e), 25.210(d), 
25.210(f), 25.210(i), and 25.210(j).
* * * * *

0
47. In Sec.  25.218, revise the section heading and paragraphs (a) and 
(b) to read as set forth below, remove the phrase ``peak EIRP'' in 
paragraphs (c)(1), (d)(1), (e)(1), (f)(1), (g)(1), and (h)(1) and add 
in their place the phrase ``peak EIRP density'':


Sec.  25.218  Off-axis EIRP density envelopes for FSS earth stations 
transmitting in certain frequency bands.

    (a) This section applies to all applications for Fixed-Satellite 
Service earth stations transmitting to geostationary space stations in 
the C band, Ku band, or extended Ku band, except for:
    (1) ESV, VMES, and ESAA applications, and
    (2) Analog video earth station applications.
    (b) Earth station applications subject to this section are eligible 
for routine processing if they meet the applicable off-axis EIRP 
density envelope set forth in this section below. The terms 
``conventional Ku band'' and ``extended Ku band are defined in Sec.  
25.103.
* * * * *

0
48. In Sec.  25.220, revise paragraph (a)(1) to read as follows:


Sec.  25.220  Non-conforming transmit/receive earth station operations.

    (a)(1) The requirements in this section apply to earth station 
applications of the types to which Sec.  25.218 applies but that 
propose operation outside of relevant off-axis EIRP density envelopes 
specified in Sec.  25.218. This section also applies to applications 
for full-transponder analog video earth stations that are ineligible 
for routine licensing under Sec.  25.211(d).
* * * * *

0
49. Section 25.221 is amended as follows:
0
a. Revise the section heading;
0
b. Revise the last sentence in paragraph (a)(12) and add two sentences 
thereafter;
0
c. Remove the word ``EIRP'' wherever it appears in paragraphs (b)(1)(i) 
introductory text and (b)(1)(i)(A) through (C), and add in its place 
the phrase ``EIRP density''; and
0
d. Remove the word ``ALSAT'' in paragraph (b)(7), and add in its place 
the term ``Permitted List''.


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

    (a) * * *
    (12) * * * If, prior to the end of the 30-day comment period of the 
public notice, any objections are received from U.S.-licensed Fixed 
Service operators that have been excluded from coordination, the ESV 
licensee must immediately cease operation of that particular station on 
frequencies used by the affected U.S.-licensed Fixed Service station 
until the coordination dispute is resolved and the ESV licensee informs 
the Commission of the resolution. As used in this section, ``baseline'' 
means the line from which maritime zones are measured. The baseline is 
a combination of the low-water line and closing lines across the mouths 
of inland water bodies and is defined by a series of baseline points 
that include islands and ``low-water elevations,'' as determined by the 
U.S. Department of State's Baseline Committee.
* * * * *


Sec.  25.222  [Amended]

0
50. In Sec.  25.222, remove the word ``EIRP'' wherever it appears in 
paragraphs (b)(1)(i) introductory text and (b)(1)(i)(A) through (C) and 
add in its place the phrase ``EIRP density'' and remove the word 
``ALSAT'' in paragraph (b)(7) and add in its place the term ``Permitted 
List.''

0
51. In Sec.  25.223, revise the section heading and paragraphs (a) and 
(c) to read as set forth below and remove paragraph (e):


Sec.  25.223  Alternative licensing rules for feeder-link earth 
stations in the 17/24 GHz BSS.

    (a) This section applies to license applications for earth stations 
that transmit to 17/24 GHz Broadcasting-Satellite Service space 
stations that are not eligible for routine processing under Sec.  
25.212(f).
* * * * *
    (c) Each earth station license applicant that proposes levels in 
excess of those defined in paragraph (b) of this section must certify 
that all potentially affected parties acknowledge and do not object to 
the use of the applicant's higher power densities. For proposed power 
density levels less than or equal to 3 dB in excess of the limits 
defined in paragraph (b) of this section, the potentially affected 
parties are operators of co-frequency U.S.-authorized 17/24 GHz BSS 
satellites at angular separations of up to 6[deg] from the 
proposed satellite points of communication; for power density levels 
greater than 3 dB and less than or equal to 6 dB in excess of the 
limits defined in paragraph (b) of this section, potentially affected 
parties are operators of co-frequency U.S.-authorized satellites up to 
10[deg] from the proposed satellite points of 
communication. Power density levels greater than 6 dB in excess of the 
limits defined in paragraph (b) of this section will not be permitted.
* * * * *


Sec.  25.226  [Amended]

0
52. In Sec.  25.226, remove the word ``EIRP'' wherever it appears in 
paragraphs (b)(1)(i) introductory text and (b)(1)(i)(A) through (C) and 
add in its place the phrase ``EIRP density'' and remove the word 
``ALSAT'' in paragraph (b)(9) and add in its place the phrase 
``Permitted List.''


Sec.  25.227  [Amended]

0
53. In Sec.  25.227, remove the word ``ALSAT'' from paragraph (a)(12) 
and add in its place the phrase ``Permitted List.''

0
54. In Sec.  25.259, revise paragraph (b) to read as follows:

[[Page 8325]]

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

* * * * *
    (b) An NVNG licensee time sharing spectrum in the 137-138 MHz band 
must establish a 24-hour per day contact person and telephone number so 
that claims of harmful interference into NOAA earth stations and other 
operational issues can be reported and resolved expeditiously. This 
contact information must be made available to NOAA or its designee. If 
the NTIA notifies the Commission that NOAA is receiving unacceptable 
interference from a NVNG licensee, the Commission will require such 
NVNG licensee to terminate its interfering operations immediately 
unless it demonstrates to the Commission's reasonable satisfaction, and 
that of NTIA, that it is not responsible for causing harmful 
interference into the worldwide NOAA system. An NVNG licensee assumes 
the risk of any liability or damage that it and its directors, 
officers, employees, affiliates, agents and subcontractors may incur or 
suffer in connection with an interruption of its Mobile-Satellite 
Service, in whole or in part, arising from or relating to its 
compliance or noncompliance with the requirements of this paragraph.
* * * * *

0
55. In Sec.  25.260, revise paragraph (b) to read as follows:


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

* * * * *
    (b) An NVNG licensee time sharing spectrum in the 400.15-401 MHz 
band must establish a 24-hour per day contact person and telephone 
number so that claims of harmful interference into DoD earth stations 
and other operational issues can be reported and resolved 
expeditiously. This contact information must be made available to DoD 
or its designee. If the NTIA notifies the Commission that DoD is 
receiving unacceptable interference from a NVNG licensee, the 
Commission will require such NVNG licensee to terminate its interfering 
operations immediately unless it demonstrates to the Commission's 
reasonable satisfaction, and that of NTIA, that it is not responsible 
for causing harmful interference into the worldwide DoD system. A NVNG 
licensee assumes the risk of any liability or damage that it and its 
directors, officers, employees, affiliates, agents and subcontractors 
may incur or suffer in connection with an interruption of its Mobile-
Satellite Service, in whole or in part, arising from or relating to its 
compliance or noncompliance with the requirements of this paragraph.
* * * * *

0
56. In Sec.  25.271, add paragraph (f) to read as follows:


Sec.  25.271  Control of transmitting stations.

* * * * *
    (f) The licensee of any transmitting earth station licensed under 
this part must update the contact information provided in the most 
recent license application for the station within 10 days of any change 
therein. The updated information must be filed electronically in the 
``Other Filings'' tab of the station's current authorization file in 
the International Bureau Filing System.


Sec.  25.272  [Amended]

0
57. In Sec.  25.272, remove and reserve paragraph (b).

0
58. Revise Sec.  25.276 to read as follows:


Sec.  25.276  Points of communication.

    Unless otherwise specified in the station authorization, an earth 
station may transmit to any space station in the same radio service 
that is listed as a point of communication in the earth station 
license, provided that permission has been received from the space 
station operator to access that space station.

0
59. Revise Sec.  25.281 to read as follows:


Sec.  25.281  Transmitter identification requirements for video uplink 
transmissions.

    (a) Earth-to-space transmissions carrying video information with 
analog modulation must be identified through use of an Automatic 
Transmitter Identification System (ATIS) with an analog identifier or a 
direct sequence spread spectrum signal.
    (1) Use of an analog identifier must be in accordance with the 
following requirements:
    (i) The ATIS signal must be a separate subcarrier that is 
automatically activated whenever any radio frequency signal is 
transmitted.
    (ii) The ATIS message must continuously repeat.
    (iii) The ATIS subcarrier signal must be generated at a frequency 
of 7.1 MHz 25 kHz and modulate the uplink radio frequency 
carrier at a level no less than -26 dB (referenced to the unmodulated 
carrier).
    (iv) ATIS subcarrier deviation must not exceed 25 kHz.
    (v) The ATIS message protocol must be International Morse Code 
keyed by a 1200 Hz 800 Hz tone representing a mark and a 
message rate of 15 to 25 words per minute. The tone must frequency-
modulate the subcarrier signal with the ATIS message.
    (vi) The ATIS message must include the FCC-assigned call sign of 
the transmitting earth station, a telephone number providing immediate 
access to personnel capable of resolving interference or coordination 
problems, and a unique serial number of ten or more digits programmed 
into the ATIS message in a permanent manner so that it cannot be 
readily changed by the operator on duty. Additional information may be 
included in the ATIS data stream provided the total ATIS message length 
does not exceed 30 seconds.
    (2) Use of a direct sequence spread spectrum ATIS signal must be in 
accordance with the requirements in paragraphs (b)(1) and (2) of this 
section.
    (b) As of June 1, 2016, transmissions of fixed-frequency, digitally 
modulated video signals with a symbol rate of 128,000/s or more from 
Satellite News Gathering vehicles or other temporary-fixed earth 
stations must be identified through use of an ATIS in accordance with 
the following requirements:
    (1) The ATIS message must be modulated onto a direct sequence 
spread spectrum signal in accordance with the DVB-CID standard, ETSI TS 
103 129 (2013-05), ``Technical Specification, Digital Video 
Broadcasting (DVB); Framing structure, channel coding and modulation of 
a carrier identification system (DVB-CID) for satellite transmission.'' 
This document is incorporated by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51 and approved by the Director of the Federal 
Register. The ETSI document may be obtained from ETSI, 650 Route des 
Lucioles, 06921 Sophia Antipolis Cedex, France and by email to 
webstore@etsi.org and a copy can be downloaded from https://www.etsi.org. You may inspect a copy at the Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to: 
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (2) The ATIS message must continuously repeat.
    (c) ATIS equipment must be integrated into the uplink transmitter 
chain with a method that cannot easily be defeated.

0
60. Add Sec.  25.285 to part 25, subpart D, to read as follows:

[[Page 8326]]

Sec.  25.285  Operation of MSS and ATC transmitters or transceivers on 
board civil aircraft.

    (a) Operation of any of the following devices aboard civil aircraft 
is prohibited, unless the device is installed in a manner approved by 
the Federal Aviation Administration or is used by the pilot or with the 
pilot's consent:
    (1) Earth stations capable of transmitting in the 1.5/1.6 GHz, 1.6/
2.4 GHz, or 2 GHz Mobile-Satellite Service frequency bands;
    (2) ATC terminals capable of transmitting in the 1.5/1.6 GHz, 1.6/
2.4 GHz, or 2 GHz MSS bands;
    (3) Earth stations used for non-voice, non-geostationary Mobile-
Satellite Service communication that can emit radiation in the 108-137 
MHz band.
    (b) No portable device of any type identified in paragraph (a) of 
this section (including transmitter or transceiver units installed in 
other devices that are themselves portable) may be sold or distributed 
to users unless it conspicuously bears the following warning: ``This 
device must be turned off at all times while on board aircraft.'' For 
purposes of this section, a device is portable if it is a ``portable 
device'' as defined in Sec.  2.1093(b) of this chapter or is designed 
to be carried by hand.

0
61. Add Sec.  25.286 to part 25, subpart D, to read as follows:


Sec.  25.286  Antenna painting and lighting

    The owner of an earth station antenna structure must comply with 
all applicable painting, marking, and/or lighting requirements in part 
17 of this chapter. In the event of default by the owner, the station 
licensee will be responsible for ensuring that such requirements are 
met.

0
62. Add Sec.  25.287 to part 25, subpart D, to read as follows:


Sec.  25.287  Requirements pertaining to operation of mobile stations 
in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Satellite 
Service bands.

    (a) Any mobile earth station (MES) operating in the 1530-1544 MHz 
and 1626.5-1645.5 MHz bands must have the following minimum set of 
capabilities to ensure compliance with Footnote 5.353A in 47 CFR 2.106 
and the priority and real-time preemption requirements imposed by 
Footnote US315.
    (1) All MES transmissions must have a priority assigned to them 
that preserves the priority and preemptive access given to maritime 
distress and safety communications sharing the band.
    (2) Each MES with a requirement to handle maritime distress and 
safety data communications must be capable of either:
    (i) Recognizing message and call priority identification when 
transmitted from its associated Land Earth Station (LES), or
    (ii) Accepting message and call priority identification embedded in 
the message or call when transmitted from its associated LES and 
passing the identification to shipboard data message processing 
equipment.
    (3) Each MES must be assigned a unique terminal identification 
number that will be transmitted upon any attempt to gain access to a 
system.
    (4) After an MES has gained access to a system, the mobile terminal 
must be under control of an LES and must obtain all channel assignments 
from it.
    (5) All MESs that do not continuously monitor a separate signaling 
channel or signaling within the communications channel must monitor the 
signaling channel at the end of each transmission.
    (6) Each MES must automatically inhibit its transmissions if it is 
not correctly receiving separate signaling channel or signaling within 
the communications channel from its associated LES.
    (7) Each MES must automatically inhibit its transmissions on any or 
all channels upon receiving a channel-shut-off command on a signaling 
or communications channel it is receiving from its associated LES.
    (8) Each MES with a requirement to handle maritime distress and 
safety communications must have the capability within the station to 
automatically preempt lower precedence traffic.
    (b) Any LES for an MSS system operating in the 1530-1544 MHz and 
1626.5-1645.5 MHz bands must have the following minimum set of 
capabilities to ensure compliance with Footnotes 5.353A and the 
priority and real-time preemption requirements imposed by Footnote 
US315. An LES fulfilling these requirements must not have any 
additional priority with respect to FSS stations operating with other 
systems.
    (1) LES transmissions to MESs must have a priority assigned to them 
that preserves the priority and preemptive access given to maritime 
distress and safety communications pursuant to paragraph (a) of this 
section.
    (2) The LES must recognize the priority of calls to and from MESs 
and make channel assignments taking into account the priority access 
that is given to maritime distress and safety communications.
    (3) The LES must be capable of receiving the MES identification 
number when transmitted and verifying that it is an authorized user of 
the system to prohibit unauthorized access.
    (4) The LES must be capable of transmitting channel assignment 
commands to the MESs.
    (5) The communications channels used between the LES and the MES 
shall have provision for signaling within the voice/data channel, for 
an MES that does not continuously monitor the LES signaling channel 
during a call.
    (6) The LES must transmit periodic control signals to MESs that do 
not continuously monitor the LES signaling channel.
    (7) The LES must automatically inhibit transmissions to an MES to 
which it is not transmitting in a signaling channel or signaling within 
the communications channel.
    (8) The LES must be capable of transmitting channel-shut-off 
commands to MESs on signaling or communications channels.
    (9) Each LES must be capable of interrupting, and if necessary, 
preempting ongoing routine traffic from an MES in order to complete a 
maritime distress, urgency or safety call to that MES.
    (10) Each LES must be capable of automatically turning off one or 
more of its associated channels in order to complete a maritime 
distress, urgency or safety call.
    (c) No person without an FCC license for such operation may 
transmit to a space station in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 
GHz Mobile-Satellite Service from anywhere in the United States except 
to receive service from the holder of a pertinent FCC blanket license 
or from another party with the permission of such a blanket licensee.
    (d) The holder of an FCC blanket license for operation of mobile 
transmitters or transceivers for communication via an NVNG, 1.6/2.4 
GHz, 1.5/1.6 GHz, or 2 GHz Mobile Satellite Service system will be 
responsible for operation of any such device to receive service 
provided by that licensee or provided by another party with the blanket 
licensee's consent. Operators of such satellite systems must not 
transmit communications to or from such devices in the United States 
unless such communications are authorized under a service contract with 
the holder of a pertinent FCC blanket earth station license or under a 
service contract with another party with authority for such operation 
delegated by such a blanket licensee.

[FR Doc. 2014-02213 Filed 2-11-14; 8:45 am]
BILLING CODE 6712-01-P