Comprehensive Review of Licensing and Operating Rules for Satellite Services, 55315-55349 [2016-14800]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Rules and Regulations]
[Pages 55315-55349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14800]



[[Page 55315]]

Vol. 81

Thursday,

No. 160

August 18, 2016

Part III





 Federal Communications Commission





-----------------------------------------------------------------------





47 CFR Parts 0 and 25





Comprehensive Review of Licensing and Operating Rules for Satellite 
Services; Final Rule

Federal Register / Vol. 81 , No. 160 / Thursday, August 18, 2016 / 
Rules and Regulations

[[Page 55316]]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 25

[FCC 15-167 and FCC 16-58]


Comprehensive Review of Licensing and Operating Rules for 
Satellite Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission comprehensively 
streamlines its rules governing licensing and operation of satellites 
and earth stations to foster more rapid deployment of services, greater 
investment, and new innovation.

DATES: Effective September 19, 2016. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of September 19, 2016.

FOR FURTHER INFORMATION CONTACT: Clay DeCell, 202-418-0803, or if 
concerning the information collections in this document, Cathy 
Williams, 202-418-2918.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, FCC 15-167, adopted and released December 17, 2015, 
and Erratum, FCC 16-58, released May 6, 2016. The full text of the 
Report and Order is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-167A1.pdf, and the text of the Erratum at https://apps.fcc.gov/edocs_public/attachmatch/DOC-339238A1.pdf. They also are 
available for inspection and copying during business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. To request materials in accessible formats 
for people with disabilities, send an email to FCC504@fcc.gov or call 
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 
202-418-0432 (TTY).

Synopsis

    In a Notice of Proposed Rulemaking (NPRM), 79 FR 65106, the 
Commission proposed comprehensive changes to its rules and policies 
governing space stations and earth stations. This Report and Order 
adopts new rules on the basis of the established record and with the 
purpose of updating, simplifying, and streamlining the Commission's 
regulation of satellite services and of reducing burdens on applicants, 
licensees, and the Commission, consistent with the public interest.

Two-Step Application Process for Advance ITU Filings

    We adopt a modified version of the two-step application process 
proposed in the NPRM. Any party seeking a geostationary-satellite orbit 
(GSO) space station license from the Commission to provide fixed-
satellite service (FSS) in non-planned frequency bands may submit 
advance publication of information (API) materials to the Commission 
for forwarding to the International Telecommunication Union (ITU) 
before submitting a corresponding license application. This initial 
submission must include a letter request for filing of the API and a 
signed cost-recovery declaration. The Commission will process and 
forward up to five APIs from an entity if not accompanied by a 
Coordination Request and will not assess mutual exclusivity issues. The 
filing of API materials with the Commission will not establish priority 
in the Commission's first-come, first-served queue and will not require 
a fee. Instead, queue status will be established upon filing of 
Coordination Request materials, as described below.
    In order to establish and perfect a queue position under the new, 
optional, two-step application process, an applicant must submit a 
draft Coordination Request filing to the Commission, using simplified 
Form 312 (Main Form), pay the license application fee, and post a 
$500,000 bond. This first-step application submission will establish a 
place in the space station application processing queue as of the time 
that the International Bureau receives the Form 312 and Coordination 
Request materials. A party submitting an API filing request to the 
Commission may file associated Coordination Request materials at the 
same time or at any time within two years of API submission to the ITU. 
As with APIs, the International Bureau will forward potentially 
conflicting Coordination Requests to the ITU and issue a public notice 
announcing that submission. If an applicant later modifies the 
submitted Coordination Request materials to change the proposed orbital 
location or to add frequencies, we will reset the queue position for 
the new or modified operations to the date of receipt of the modified 
Coordination Request materials by the Commission. We include in this 
category any modification to the proposed satellite network for which 
the ITU would require an amended API and would reset the receivable 
date of the associated Coordination Request, thus delaying the earliest 
possible date of priority for international coordination. An applicant 
that has submitted Coordination Request materials and an initial Form 
312 to the Commission will be entitled to a refund of the application 
fee paid if the applicant notifies the Commission that it no longer 
wishes to keep its application on file before the Commission has issued 
a public notice announcing that the Coordination Request materials have 
been submitted to the ITU.
    As we observed in the NPRM, the information provided in a 
Coordination Request is not sufficiently detailed to enable the 
Commission to determine mutual exclusivity with other space station 
applications. The queue position of a Coordination Request is, 
therefore, provisional until the application has been completed. For 
bands in which we apply two-degree spacing requirements, we will 
presume that a full application is mutually exclusive with a 
Coordination Request for co-frequency space station operation within 
two degrees of orbital separation. Final determination on mutual 
exclusivity will be done after the full application associated with the 
Coordination Request is received by the Commission.
    The final step is to submit a complete space station license 
application for operation using the orbital location, frequency bands, 
and polarization proposed in the Coordination Request, including the 
information required by 47 CFR 25.114 and 25.140, and the full 
application fee, within two years of the filing of the initial 
Coordination Request materials with the Commission.
    If a party conveys to the Commission that it no longer wishes to 
use an API or Coordination Request submitted to the ITU at its request, 
or if an applicant fails to submit the information required by the 
second step of the licensing process within the two-year period, any 
queue status based on the Coordination Request filing will be 
nullified. In that case, we will issue a public notice announcing any 
nullification of an applicant's position in the queue and the 
availability of the API and/or Coordination Request filings and will 
allow the first party to submit a letter request and cost-recovery 
declaration to use them. An applicant accepting such abandoned ITU 
filings will be required to accept any attendant ITU cost-recovery 
obligations that have not yet been incurred in connection with the 
filings. In addition, the queue priority date for the applicant 
accepting the filings will be established as of the time of its request 
for use of the filings, if it submits an application-stage bond within 
the 30-day period, or as of the time it submits a complete space 
station

[[Page 55317]]

application. We will follow this same procedure if an applicant 
submitting Coordination Request materials to the Commission fails to 
file a copy of the required bond with the Commission within 30 days 
after release of the public notice announcing that the Commission has 
filed the Coordination Request with the ITU.

Application-Stage Bond

    We adopt an application-stage bond requirement as a financial 
qualification requirement pursuant to our authority under 47 U.S.C. 
154(i), 303(r), and 308(b). The bond is part of the initial set of 
materials--which also includes the simplified FCC Form 312, Main Form, 
the application fee, and the Coordination Request--that, when 
submitted, will secure the prospective licensee priority in the 
Commission's application processing queue. As such, the submission of 
these materials constitutes the first step of a two-step procedure for 
filing a satellite license application.
    A party that defaults on its obligation to timely file an 
acceptable application for the operation proposed in a Coordination 
Request, or Appendix 30B filing as noted below, must forfeit the value 
of the application-stage bond. We will not allow escrow accounts or 
letters of credit to satisfy the application-bond requirement. We will 
release the application-stage bond upon finding that a timely filed 
application is acceptable for filing, rather than maintaining the bond 
until the application is ultimately granted.
    We will set the application-stage bond amount at $500,000. We will 
require the $500,000 bond to be posted within 30 days of the release of 
the public notice announcing that the Coordination Request has been 
submitted to the ITU. If an applicant fails to timely post the 
application-stage bond, we will issue a public notice announcing the 
nullification of that applicant's position in the queue and the 
availability of the API and Coordination Request filings and will allow 
the first subsequent party to submit a letter request and cost-recovery 
declaration to use them. Finally, we will establish an appropriate 
queue position for all complete requests for submission of Coordination 
Request materials, and therefore require an application-stage bond for 
all such requests.

Other Mechanisms To Deter Warehousing

    In light of our adoption of an application-stage bond requirement, 
we will not apply the ``Three-Strikes'' rule in 47 CFR 25.159(d) to 
instances in which a complete application is not timely filed after an 
initial Coordination Request. We also will not include Coordination 
Request filings in the five-item limit on pending applications and 
unbuilt authorizations in a particular frequency band, which we 
eliminate below. Nonetheless, an applicant that has triggered the 
presumption of the Three-Strikes rule due to repeatedly failing to meet 
its milestone obligations will be subject to the lowered limit on space 
station license applications, including first-step filings.
    We will, however, limit to five the total number of API filings 
that a party may request to be submitted through the United States 
without also timely submitting associated Coordination Request 
materials and a bond. We will not apply this five-item limit on APIs 
alone on a per-frequency-band basis. To prevent manipulation of this 
limit by separate but affiliated entities, we will also apply the 
attribution criteria in 47 CFR 25.159(c) to entities requesting API 
filings.

Confidentiality

    We adopt our proposal to treat ITU filing requests as confidential 
only until the Commission submits the filings to the ITU. We generally 
will make available the API and Coordination Request information once 
it has been forwarded to the ITU. In cases where the API and 
Coordination Request are submitted separately, however, we will not 
disclose the identity of the party requesting the API until after the 
Coordination Request has been submitted. For Coordination Requests, we 
will also issue a public notice announcing the submission to the ITU 
and noting the queued application. Finally, if a later party files 
without knowledge of an earlier Coordination Request filing with queue 
priority, we will entertain requests by the later party to withdraw the 
filing, and cancel any associated bond, within 30 days of the public 
notice announcing the higher queue priority applicant.

Non-U.S. Licensed Space Stations

    We will afford queue priority to space station license applicants 
that initiate their applications by submitting Coordination Request 
materials to the Commission for filing at the ITU. Accordingly, if a 
non-U.S. licensed operator files a request for access to the U.S. 
market after the filing of a first-step application that is deemed 
mutually exclusive, we generally will defer action on the market access 
request until after we have resolved the earlier-filed application or 
mutual exclusivity concerns have been eliminated through coordination 
between the parties involved. This is true even in cases where the 
foreign operator makes use of an ITU filing with an earlier date of 
protection than the U.S. filing relied upon by the applicant. We employ 
this queue procedure today when considering a request for access to the 
U.S. market vis-[agrave]-vis an earlier space station license 
application. Any U.S. license granted, however, will be subject to the 
outcome of the international coordination process. This may mean that 
the U.S. licensee may not be able to operate its system if the 
coordination cannot be appropriately completed.

Scope of Advance ITU Filing Procedure

    For ``NGSO-like'' space station operation, we will submit API and 
Coordination Request filings prior to receiving a corresponding space 
station license application. Under 47 CFR 25.157, applications for such 
space stations are not eligible for first-come, first-served 
processing, and the information contained in an API or Coordination 
Request would be insufficient to begin a modified processing round. 
Therefore, the submission of ITU filings for systems proposing ``NGSO-
like'' operation will not establish any status in the Commission's 
licensing process. Similarly, we will review and forward filings in 
bands subject to Appendices 30 and 30A of the ITU Radio Regulations in 
advance of a license application, and without affording any licensing 
status, as applications for such Direct Broadcast Satellite systems are 
also presently not eligible for first-come, first-served processing.
    For ITU filings in the FSS bands subject to Appendix 30B, we will 
follow an optional procedure similar to that adopted for non-planned 
band operation. Thus, ITU filings to convert an allotment into an 
assignment, to introduce an additional system, or to modify an 
assignment in the Appendix 30B List will be treated in the same manner 
as a Coordination Request filing for GSO FSS operation in non-planned 
bands. Such filings, accompanied by a simplified Form 312 (Main Form), 
demonstration or certification described in the following paragraph, 
and an application-stage bond, will establish a position in the 
Commission's space station licensing queue. The bond will similarly be 
forfeited in the event the party does not submit a complete space 
station application within two years.
    Unlike Coordination Requests in non-planned bands, however, we will 
review a proposed filing under Appendices 30, 30A, or 30B prior to 
forwarding the filing to the ITU to ensure that it is

[[Page 55318]]

compatible with other U.S. filings. This review is necessary to protect 
the rights of existing U.S. filings from being unduly eroded under the 
relevant ITU protection criteria by another U.S. filing. Accordingly, 
the party requesting a planned-band filing must either submit the 
results of an analysis demonstrating that the proposed operation will 
not ``affect'' any other U.S. filing under the relevant ITU criteria 
or, if another filing would be deemed affected, submit a letter signed 
by the affected operator (which may be the same as the operator 
requesting the new filing) that it consents to the new filing.
    Finally, we will apply the API and Coordination Request procedures 
described above, including the bond requirement and queue status, to 
filings and applications for 17/24 GHz BSS space stations, for the same 
reasons that we are applying them to GSO FSS filings and applications 
in non-planned bands. The Commission has established a four-degree 
orbital spacing environment for the 17/24 GHz BSS. Accordingly, we will 
presume that a full 17/24 GHz BSS space station application is mutually 
exclusive with a Coordination Request for co-frequency space station 
operation within four degrees of orbital separation. Final 
determination on mutual exclusivity will be done after the full 
application associated with the Coordination Request is received by the 
Commission.

Milestone Schedules

    We will retain only the final milestone requirements to launch and 
operate the authorized space stations for both GSO and non-
geostationary satellite orbit (NGSO) system licensees. We will not 
allow licensees to submit milestone showings as a means to reduce the 
surety bond. For GSO systems, licensees will be required to launch and 
operate the authorized space station(s) within five years from the date 
the license is issued. For NGSO systems, licensees will be required to 
operate the complete constellation within six years of grant. 
Consistent with our current rules, we will impose the same simplified 
milestone requirements on grants of access to the U.S. market via 
proposed non-U.S. licensed space stations. We expect that any requests 
for an extension of time to meet the final milestone requirement will 
be filed near to the deadline and will demonstrate that, despite the 
licensee's or market access recipient's diligent efforts, circumstances 
beyond its control prevent compliance with the milestone requirement.

Milestone Certifications and Other Milestone Proposals

    We will not adopt any of the proposals to specify elements of 
sufficient demonstrations for the contract execution, CDR, and 
construction commencement milestone requirements. Nor will we allow a 
licensee to satisfy the final milestone requirement in a new GSO space 
station authorization by operating any ``healthy'' satellite at the 
authorized orbital location, rather than constructing and launching the 
satellite it had proposed.

Escalating Bond

    We adopt an escalating post-grant bond requirement. By increasing 
over time the potential payment liability under the bond, an escalating 
bond will create a financial incentive for unprepared or speculative 
licensees, or licensees whose business plans change, to surrender their 
authorizations early.

Bond Amounts

    We will specify an initial bond payment liability of $1 million for 
both GSO system licensees and NGSO system licensees under our modified 
escalating bond requirement. We believe that this amount is substantial 
enough to deter many applicants from filing applications for strategic 
motives with the intention of surrendering their licenses shortly after 
grant. Licensees that do repeatedly surrender their authorizations 
before satisfying the final milestone requirements may be subject to a 
lower limit on additional space station applications under the ``Three-
Strikes'' rule.
    We will also retain the current bond amounts of $3 million for GSO 
system licenses and $5 million for NGSO system licenses as the final 
payment amounts potentially due under the escalating bond. We will not 
adopt SpaceX's suggestion to create a separate bond category for ``NGSO 
broadband satellite systems.''
    We will not adopt our proposal to require bond payment amounts due 
in the event of default to be indexed based on the Gross Domestic 
Product Chain-type Price Index, which was opposed by all commenting 
parties. We prefer instead to retain stable payment amounts. This 
structure is simpler and should provide licensees greater certainty as 
to their potential liability without significantly reducing the 
deterrence of the bond requirement.
    Under the modified bond requirement, a GSO system licensee must 
file a surety bond requiring initial payment in the case of license 
surrender of at least $1 million. The payment amount due to the U.S. 
Treasury under the bond will increase, pro rata, in proportion to the 
time that has elapsed since the license was granted to the time of the 
launch and operate milestone. The amount of the bond itself at any 
given time, however, must be sufficient to cover the amount due to the 
Treasury if the licensee were to surrender its license, and may be set 
at a fixed value that is increased yearly to cover the maximum 
potential liability in the upcoming year. The payment due upon failing 
to meet the milestone to launch and operate the authorized space 
station after five years will be $3 million. Thus, for example, if a 
GSO system licensee surrenders its authorization two years after grant, 
the amount due would be equal to the $1 million baseline amount plus a 
pro rata amount of the remaining $2 million maximum, or $1,000,000 + 
$2,000,000 x (2 (years)/5 (years)), or $1,800,000.
    NGSO system licensees will be required to post a surety bond 
requiring initial payment in the case of surrender of at least $1 
million as well. Payment liability will increase, pro rata, in the same 
manner, to a final bond payment value of $5 million after six years. In 
addition to these changes for U.S. licensees, we also make 
consequential changes to the bond requirements for proposed non-U.S. 
licensed space stations that have been granted access to the U.S. 
market but are not in orbit and operating.
    We believe that an escalating bond requirement in the amounts we 
are prescribing, combined with the simplified milestone schedules, will 
deter warehousing of satellite spectrum more efficiently than is done 
today.

Treatment of Licensees With Outstanding Interim Milestone Requirements

    We will apply the modified bond and milestone requirements to space 
station licenses and grants of market access granted after the new 
rules come into effect. In addition, we anticipate that space station 
licensees and market access recipients with existing grants at the time 
the new rules come into effect may also wish to proceed under the new 
bond and milestone regime. In that case, the space station grantee 
would submit a letter request to replace its current milestone schedule 
and bond obligation with the single, final milestone and escalating 
bond requirement. In addition, the space station operator would submit 
a new or modified bond and be relieved of the obligations under its 
previous milestone schedule. Existing licensees and market access

[[Page 55319]]

recipients will also have the option to continue under the bond and 
milestone conditions established in their grants under the rules 
currently in effect.

Treatment of Authorizations With Pending Milestone Determinations

    Pending before the International Bureau and the Commission are a 
number of requests for interim milestone determinations for space 
station licenses and market access grants that have been surrendered, 
in some cases years ago. See 115 LICENSE SUBSIDIARY, LLC, 17/24 GHz 
Broadcasting-Satellite Service Space Station at the 115.0[deg] W.L. 
Orbital Location; Ruling on Milestones Completion, Order, 30 FCC Rcd 
2759 (Int'l Bur. 2015) (application for review pending); EchoStar 
Corporation, IBFS File Nos. SAT-LOA-20020328-00052, SAT-LOA-20020328-
00051, SAT-LOA-20070105-00001, SAT-LOA-20070105-00003, SAT-LOA-
20020328-00050; Hughes Network Systems, LLC, IBFS File No. SAT-LOA-
20111223-00248. Processing these requests as required by 47 CFR 25.164 
is extraordinarily time-consuming and resource-intensive, as we have 
previously noted. And, each of these licenses and grants has been 
surrendered and made available to others, thus minimizing 
``warehousing'' concerns. Accordingly, we direct the International 
Bureau to dispose of these pending milestone determination requests by 
waiving the requirements of 47 CFR 25.164 as needed. These licensees 
and grantees, of course, will forfeit the remainder of their respective 
bonds, for which no interim milestone showings have been made.
    To encourage further the surrender of licenses granted under the 
current bond and milestone regime that will not ultimately be put to 
use, we also direct the International Bureau to consider waiving 47 CFR 
25.164 as appropriate regarding milestone demonstrations submitted 
prior to the adoption of this Second Report and Order for all licenses 
and market access grants surrendered within 30 days of release of this 
Second Report and Order.

Retaining the Two-Degree Spacing Policy

    We retain our longstanding policy of applying routine technical 
criteria for GSO FSS operation premised on two-degree orbital 
separation between space stations, which applies to all U.S.-licensed 
space station operations and to non-U.S. licensed space station 
operations that fall within the scope of a grant of U.S. market access.

Continuation of Non-Routine Operations

    We adopt the proposal to allow continued transmissions above 
routine levels upon notice to the Commission, even if such levels are 
not coordinated with later applicants and petitioners for market 
access. Space station operators may provide valuable service to users 
with very small earth station antennas that is not compatible with 
operation of co-frequency, co-coverage space stations separated by two 
degrees and transmitting at routine power density levels. Such non-
routine operations may be performed without causing harmful 
interference to other users and in accordance with any coordination 
agreements required under ITU Radio Regulations and Commission rules or 
policies. If future operators are given adequate notice of such pre-
existing, non-routine operation, we do not believe it serves the public 
interest to require the existing system to reduce transmit power 
density levels to protect a later-authorized, two-degree compliant 
operator, in a manner that may preclude continued provision of the 
service, in the event the two operators do not come to a successful 
coordination. Indeed, continuation of such existing operations would 
promote continuity of service and encourage capital investment. At the 
same time, we wish to preserve the benefits of expedited processing and 
reduced costs that accompany the policy of establishing routine 
transmission criteria for two-degree orbital spacing.
    To accommodate this dual goal, we will modify the two-degree 
spacing policy as follows. An operator of a GSO FSS space station in 
the conventional or extended C-bands, conventional or extended Ku-
bands, or conventional Ka-band may notify the Commission of its non-
routine transmission levels and be relieved of the obligation to 
coordinate such levels with later applicants and petitioners for market 
access. The letter notification must include the downlink off-axis 
equivalent isotropically radiated power (EIRP) density levels or power 
flux density levels and/or uplink off-axis EIRP density levels, 
specified per frequency range and space station antenna beam, that 
exceed the relevant routine limits. Once the International Bureau 
receives the notification, it will issue a public notice announcing the 
filing. Non-routine transmissions notified pursuant to this procedure 
need not be coordinated with operators of authorized co-frequency space 
stations that filed their complete applications or petitions for market 
access after the date of filing of the notification with the 
Commission. Such later applicants and petitioners must accept any 
additional interference caused by the notified non-routine operations, 
but need not restrict their own transmissions below routine levels to 
afford greater protection to the incumbent. This procedure will afford 
existing, non-routine operations a measure of certainty regarding 
future provision of the service, while preserving for new space station 
operation the application processing and competitive benefits of 
providing service at default transmission levels in these bands. In 
addition, to support continuity of service when non-routine operations 
are transferred to a replacement space station, we will permit the 
replacement to operate up to the notified transmission levels of the 
space station being replaced. In the case of a space station license 
applicant that files its application without knowledge of a prior-filed 
notification of non-routine transmission, we will allow the applicant 
to withdraw its application and receive a refund of any fee paid, to 
avoid an unfairness that might otherwise arise in this regard.
    We recognize that this procedure does not ensure full protection 
for existing, non-routine operations, notably sensitive earth station 
receive operations. We refrain at this time, however, from establishing 
greater protection rights for non-routine operations than can be 
negotiated through coordination. We expect that the procedure for 
continuation of non-routine transmissions we adopt here will encourage 
parties to reach coordination agreements that will preserve to the 
maximum extent possible the continuity of existing services. If 
difficulties arise that threaten to disrupt an established service, 
parties may always bring the matter to the Commission for assistance in 
finding a mutually satisfactory solution.

Routine Criteria for Downlink Transmission

    We adopt our proposal to remove the routine limits on the power 
density of downlink transmission in the conventional Ku-band and 
conventional Ka-band from 47 CFR 25.134, 25.138, and 25.212 and insert 
them in 47 CFR 25.140 as coordination triggers for space station 
applicants and licensees. In addition, we adopt SES's suggested 
increases for the proposed limits on digital transmissions in the 
conventional and extended C-bands and the conventional and extended Ku-
bands, excluding in both cases the Appendix 30B planned bands. To the 
extent that space station operators have

[[Page 55320]]

negotiated coordination agreements for operation in the extended Ku-
band at levels that exceed the routine limits we are adopting, such 
operation may continue as far as these coordination agreements remain 
in effect.
    Because of the specific Appendix 30B plan applicable to 4500-4800 
MHz, 6725-7025 MHz, 10.70-10.95 GHz, 11.20-11.45 GHz, and 12.75-13.25 
GHz bands, however, and to avoid harming U.S. filings under Appendix 
30B, we will not apply routine downlink criteria to these bands.

Certification of Two-Degree Compatibility

    We adopt our proposal to require space station applicants to 
certify compliance with routine limits in lieu of providing a two-
degree spacing interference analysis. Thus, for operation in the 
covered frequency bands, other than analog video operation, at a 
location two degrees or more from the nearest co-frequency space 
station, GSO FSS space station applicants will be required to provide a 
certification that both downlink and uplink operations will not exceed 
applicable routine limits unless the non-routine uplink and/or downlink 
operation is coordinated with operators of authorized space stations 
within six degrees of their assigned orbital location. We decline the 
proposal to accept an interference analysis in place of this initial 
certification. In case difficulties arise during the required 
coordination, a space station grantee that intends to operate in excess 
of routine limits may still submit an analysis demonstrating that the 
proposed operation will not cause harmful interference to a non-
consenting operator and request that the Commission permit the non-
routine operations. Finally, we note that the requirement for space 
station applicants to provide a certification of two-degree spacing 
compatibility does not replace the sharing demonstration or 
certification required from earth station applicants by 47 CFR 
25.203(k).
    We also adopt the proposal to require applicants for operation of 
17/24 GHz BSS space stations to certify compatibility with the four-
degree spacing environment for that service. This certification, based 
on the downlink PFD limits in 47 CFR 25.208(w) and uplink EIRP density 
limits in 47 CFR 25.223(c), similarly will provide additional 
flexibility to operators and reduce administrative burdens on 
applicants and the Commission.

Geographic Scope of Operations Covered by the Two-Degree Spacing Policy

    We will not limit the applicability of the two-degree spacing rules 
to beams that cover, alone or collectively on the same satellite, all 
of the entire contiguous United States (CONUS). We note that two-degree 
spacing rules apply only to those non-U.S. licensed space station 
operations that fall within the scope of a grant of U.S. market access 
under the Commission's DISCO II policy. Thus, transmissions between 
non-U.S. licensed space stations and non-U.S. earth stations are not 
subject to the policy, and U.S.-licensed operators and applicants need 
not take these operations into account for purposes of a two-degree 
spacing analysis or certification. For two U.S.-licensed space 
stations, however, the default two-degree spacing rules apply to 
operations anywhere in the world. We believe that the benefits of 
expedited processing and reduced costs for U.S. applicants that are 
created by the policy also apply to proposed non-U.S. licensed 
operations with any U.S.-licensed earth station.

Limits on Aggregate EIRP Density

    We anticipate that sharing situations may sometimes arise where a 
space station employing wide-area beams will operate adjacent to one or 
more spot beam satellites with multiple co-frequency transmitting earth 
stations lying within the victim satellite's receiving beam, but not in 
the same target satellite receiving beam. In such situations, the wide-
area-beam satellite system may be subject to aggregate off-axis 
emissions that exceed the limit permissible for a single earth station. 
Although we expect that these instances will be infrequent, and that 
the interference will be largely mitigated by factors such as the 
decreased G/T of the wide-area beam and the gain roll-off over the 
service area, we cannot predict in advance its extent or how 
problematic it may be. If interference due to aggregate off-axis 
emissions from earth stations transmitting to another satellite does 
occur, both operators must cooperate fully in order to coordinate their 
systems so that each may continue its operations. However, coordination 
will not be required unless the aggregate interference into the 
receiving beam of the victim satellite, from all co-frequency earth 
stations transmitting simultaneously to the same target satellite, 
exceeds the interference that would be generated by a single earth 
station located at the peak of the victim satellite's receiving antenna 
beam, and transmitting at the maximum off-axis EIRP density permitted 
under the relevant rule Section.

Permitted Space Station List

    We expand the definition of the Permitted Space Station List to 
include all GSO FSS space stations licensed or granted U.S. market 
access in bands where we will have routine licensing criteria for earth 
stations, i.e., the extended and conventional C-bands, the extended and 
conventional Ku-bands, the conventional Ka-band, and the 24.75-25.25 
GHz band. We will include in the Permitted List designation all non-
U.S. licensed space stations that have been granted U.S. market access 
in these bands, whether the market access is accomplished through a 
declaratory ruling or a U.S. earth station license. Thus, consistent 
with our treatment of U.S.-licensed space stations, non-U.S. licensed 
operators will not need to request specific inclusion on the Permitted 
List. We also specify that all requests for market access by the space 
station operator must be submitted through a petition for declaratory 
ruling, rather than through a Letter of Intent.

Assignments and Transfers of Control of Station Authorizations

    We will not require prior approval for pro forma assignments and 
transfers of control of common carrier space station and earth station 
licenses when the licensee meets the definition of ``telecommunications 
carrier'' in the Act. Rather, the pro forma assignee or entity that has 
undergone a pro forma change in ownership must file a notification 
within 30 days of consummation of the transaction. The notification 
must be provided in a Form 312, Main Form and Schedule A and include a 
certification that the transfer of control or assignment was pro forma 
and that, together with all previous pro forma transactions, it did not 
result in a change in the actual controlling party. Such notifications 
will not be subject to application fees. Updated ownership information 
must also be provided as necessary to ensure that the Commission's 
records are kept accurate. After receipt of the Form 312, Main Form and 
Schedule A and any necessary attachments, the Commission will place the 
notification on public notice as granted. Any interested party that 
objects to the transaction may, within 30 days from the date upon which 
public notice is given, file a petition requesting reconsideration.
    In addition, we adopt the proposal to deem granted, one business 
day after filing, all applications for pro forma transfer or assignment 
of non-common

[[Page 55321]]

carrier space station and earth station licenses. Pro forma transfer 
applications do not raise public interest concerns, and the 
Commission's review is limited to determining that they are, in fact, 
pro forma in nature. Confirmation that the transaction is pro forma may 
be accomplished during the reconsideration period. To qualify for this 
procedure, in addition to the other application requirements, parties 
must certify that the transfer of control or assignment is pro forma 
and that, together with all previous pro forma transactions, it will 
not result in a change in the actual controlling party. The transfer 
must also not require the Commission to issue any waiver or a 
declaratory ruling. We will indicate grant of such applications in 
periodic public notices, and interested parties, and the Commission, 
will have an opportunity to challenge or revisit the grant.

Earth Station Construction Notification

    In the event that an earth station is routinely licensed pursuant 
to input power density and antenna gain criteria, and the tested 
performance of the antenna on-site does not fully comply with those 
antenna gain criteria, we will allow the construction notification 
requirement in 47 CFR 25.133 to be satisfied if the input power density 
is reduced such that, when added to the tested antenna gain pattern, 
the calculated EIRP density levels fall within the relevant EIRP 
density envelope.

Satellite End-of-Life Disposal

    We modify 47 CFR 25.283(c) to delete the word ``all'' in ``all 
stored energy sources,'' and change ``and other appropriate measures'' 
to ``or other appropriate measures.'' In doing so, we permit a 
satellite to maintain de minimis propellant or pressurant upon 
disposal. We expect to rely on technical guidance from other sources, 
including the NASA Technical Standard, Process for Limiting Orbital 
Debris, NASA-STD-8719.14A and any revisions thereof, to determine 
whether a space station license applicant's plan to deplete onboard 
sources of stored energy at satellite end of life will comply with 47 
CFR 25.283(c).

Pending Applications

    We will apply the rules and procedures we adopt in this Second 
Report and Order to pending space station and earth station 
applications. Applying our new rules and procedures to pending space 
station applications will not impair the rights any applicant had at 
the time it filed its application. Nor will doing so increase an 
applicant's liability for past conduct.

Paperwork Reduction Act

    This document contains new and 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 will be invited to comment 
on the new or modified information collection requirements contained in 
this proceeding in a separate Federal Register notice.
    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 impact on small business entities with more limited 
resources.

Congressional Review Act

    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).

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Further 
Notice of Proposed Rulemaking in the Matter of Comprehensive Review of 
Licensing and Operating Rules for Satellite Services. 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.

Need for, and Objectives of, the Rules

    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. We revise the rules to, among other things, 
expedite international coordination of proposed satellite networks; 
eliminate burdens associated with our milestone requirements; more 
effectively deter warehousing under our post-licensing bond 
requirement; ensure continuity of service of satellite operations; and 
clarify and expand routine earth station licensing procedures.
    This Order revises multiple sections of part 25 of the rules. 
Specifically, it revises the rules to:
    (1) Allow space station applicants to file through the Commission a 
satellite network with the International Telecommunication Union up to 
two years before filing a complete and detailed space station 
application with the Commission.
    (2) Eliminate all of the space station construction milestones, 
except for the requirement to bring the space station(s) into operation 
at the assigned location(s) within a specified period of time.
    (3) Modify the space station bond requirements to increase 
liability over time to provide better incentives against spectrum 
warehousing.
    (4) Modify the two-degree spacing policy to permit continued 
operation of a non-two-degree compliant satellite network to the extent 
that the transmission levels are notified to the Commission, even if a 
later applicant does not consent to the higher levels.
    (5) Eliminate the requirement for a space station applicant that 
starts constructing its satellite prior to filing an application with 
the Commission to notify the Commission in writing that it is doing so 
at its own risk and expense.
    (6) Clarify the requirements to limit aggregate uplink power 
density from multiple earth stations transmitting to the same 
satellite.
    (7) Provide for the automatic grant of applications for 
repositioning of space stations with a small offset from the originally 
authorized orbital location, and for minor repointing of space station 
antennas.
    (8) Allow earth station operators to communicate with a replacement 
satellite that is deployed with a small

[[Page 55322]]

offset from the originally authorized satellite without prior 
Commission authorization.
    (9) Extend the frequency bands in which ``routine'' earth station 
licensing is permitted.
    (10) Expand routine earth station license qualification options for 
applicants for earth station operation in the 18.3-18.8 GHz, 19.7-20.2 
GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands.
    (11) Clarify earth station off-axis antenna radiation pattern 
requirements, and the ranges over which the off-axis radiated power can 
exceed the specified limits.
    (12) Require earth station applicants to file off-axis antenna 
radiation charts instead of tables except in off-axis angular regions 
where the off-axis radiation exceeds specified limits.
    (13) Eliminate the requirement for portable earth station 
manufacturers to demonstrate compliance with the radiated power limits 
in Section 25.204 of the Commission's rules.
    (14) Lower the minimum permissible elevation angle for earth 
stations operating in bands not shared with terrestrial services or in 
which satellite networks operate bidirectionally from five degrees to 
three degrees above the horizontal plane.
    (15) Eliminate the restrictions on the center frequencies on which 
analog video transmissions in the 3700-4200 MHz band can be conducted.
    (16) Eliminate the restrictions on space station antenna 
polarization for space stations operating in the 3700-4200 MHz and 
5925-6425 MHz bands, and the associated compliance demonstration 
requirements in the space station application form.
    (17) Eliminate the cross-polarization requirement associated with 
FSS space stations.
    (18) Update and improve definitions.

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

    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

    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

    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. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). Below, we describe and estimate the number of 
small entity licensees that may be affected by the adopted rules.

Satellite Telecommunications and All Other Telecommunications

    The rules adopted in this Order will affect some providers of 
satellite telecommunications services. 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 $32.5 million or 
less in annual receipts. Under the ``Other Telecommunications'' 
category, a business is considered small if it had $32.5 million or 
less in annual receipts.
    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.'' 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. Of this total, 
482 firms had annual receipts of under $25 million.
    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.'' For this category, 
Census Bureau data for 2007 show that there were a total of 2,383 firms 
that operated for the entire year. Of this total, 2,346 firms had 
annual receipts of under $25 million. We anticipate that some of these 
``Other Telecommunications firms,'' which are small entities, are earth 
station applicants/licensees that will be affected by our adopted rule 
changes.
    We anticipate that our rule changes will 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 would be 
affected by our actions.

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

    The Order adopts a number of rule changes that will affect 
reporting, recordkeeping and other compliance requirements for earth 
and space station operators. Most changes, as described below, will 
decrease the burden for all businesses operators, especially firms that 
hold licenses to operate earth stations.
    We streamline and reorganize the rules to facilitate improved 
compliance. First, the Order simplifies information collections in 
applications for earth

[[Page 55323]]

station licenses, and increases the number of earth station 
applications eligible for routine processing. Specifically, the Order 
eliminates reporting requirements that are more burdensome than 
necessary. For example, because it may be more convenient for some 
applicants to qualify for routine licensing based on certification of 
conformance with off-axis gain and input power density criteria than to 
submit data to demonstrate compliance with routine off-axis EIRP 
density limits, we incorporate alternative off-axis gain and input 
power density criteria in the rules for applicants for earth stations 
transmitting to geostationary satellites in the 28.35-28.6 GHz and/or 
29.25-30.0 GHz bands. Thus, an applicant for such earth stations can 
qualify for routine licensing either by demonstrating that it will meet 
the off-axis EIRP density criteria or by certifying conformance with 
off-axis gain standards and specifying input power density consistent 
with the proposed criteria.
    Another example is that we see no reason to require earth station 
antenna gain to be measured in all directions. We, therefore, delete 
language that may ambiguously imply requirements beyond the intended 
rules. Additionally, we amend a provision to require gain to be 
measured at the bottom and top of each band assigned for uplink 
transmission, but eliminate the required measurement at the middle of 
the allocated frequency band. The Order also expands routine licensing 
eligibility to include ``extended C-band'' earth stations.
    We amend the rules to allow earth station operators to slightly 
repoint their antennas without prior approval for communication with a 
GSO replacement satellite within 0.15[deg] of the 
originally authorized location. We also eliminate the need to license 
receive-only earth stations communicating with non-U.S. licensed space 
stations approved for U.S. market access. We clarify that provisions to 
qualify for routine licensing for earth station applicants proposing to 
transmit in the conventional C-band, the conventional Ku-band, or the 
24.75-25.25 GHz band also apply to earth stations that use allocated 
FSS frequencies to provide feeder links for non-FSS space stations, 
e.g., feeder links for Mobile-Satellite Service (MSS) or BSS space 
stations.
    The Order also changes filing requirements. For example, we remove 
the requirement on applicants for earth station operation in the 18.3-
18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands to 
submit antenna gain plots for the receive bands. We also delete 
requirements for portable earth station transceivers to demonstrate 
compliance with certain rule sections.
Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered
    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.''
    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 requirements and expand routine processing to 
applications in additional frequency bands, among other changes. 
Together, the revisions in this Order lessen the burden of compliance 
on small entities with more limited resources than larger entities.
    The adopted changes for earth station licensing clarify 
requirements for routine licensing and expand applicability of routine 
licensing standards. Each of these changes will lessen the burden in 
the licensing process. Specifically, this Order adopts revisions to 
provide alternatives for filing requirements, reduce filing 
requirements and clarify antenna pattern measurement requirements in 
such a way that applicant burden will be reduced. Thus, the revisions 
will ultimately lead to benefits for small earth station operators in 
the long-term.

Incorporation by Reference

    This final rule incorporates by reference five elements of the ITU 
Radio Regulations, Edition of 2012, into part 25 for specific purposes:
    (1) ITU Radio Regulations, Article 9, ``Procedure for effecting 
coordination with or obtaining agreement of other administrations,'' 
Section II, ``Procedure for effecting coordination.''
    (2) ITU Radio Regulations, Appendix 30, ``Provisions for all 
services and associated Plans and List for the broadcasting-satellite 
service in the frequency bands 11.7-12.2 GHz (in Region 3), 11.7-12.5 
GHz (in Region 1) and 12.2-12.7 GHz (in Region 2).''
    (3) ITU Radio Regulations, Appendix 30A, ``Provisions and 
associated Plans and List for feeder links for the broadcasting-
satellite service (11.7-12.5 GHz in Region 1, 12.2-12.7 GHz in Region 2 
and 11.7-12.2 GHz in Region 3) in the frequency bands 14.5-14.8 GHz and 
17.3-18.1 GHz in Regions 1 and 3, and 17.3-17.8 GHz in Region 2.''
    (4) ITU Radio Regulations, Appendix 30B, ``Provisions and 
associated Plan for the fixed-satellite service in the frequency bands 
4 500-4 800 MHz, 6 725-7 025 MHz, 10.70-10.95 GHz, 11.2-11.45 GHz and 
12.75-13.25 GHz.''
    (5) ITU-R Recommendation S.1503-2, ``Functional description to be 
used in developing software tools for determining conformity of non-
geostationary-satellite orbit fixed-satellite system networks with 
limits contained in Article 22 of the Radio Regulations,'' December 
2013.
    Materials (1) through (4) above are available for free download at 
https://www.itu.int/pub/R-REG-RR-2012. ITU-R Recommendation S.1503-2 is 
available for free download at https://www.itu.int/rec/R-REC-S.1503-2-201312-I. In addition, copies of all of the materials are available for 
purchase from the ITU through the contact information provided in new 
section 25.108, and are available for public inspection at the 
Commission address noted in the rule as well.
    Article 9, Section II concerns the procedures for international 
coordination of frequency assignments for most space stations licensed 
by the Commission. Articles 30, 30A, and 30B govern international use 
of the BSS, associated feeder-link, and FSS planned bands, 
respectively. ITU-R Recommendation S.1503-2 describes means to evaluate 
equivalent power-flux density of certain NGSO FSS systems. The relation 
of these materials to specific requirements in part 25 is noted above 
in the discussions of the specific requirements. Applicants and 
licensees affected by rule sections including these materials by 
reference should become familiar with the incorporated materials.

[[Page 55324]]

Ordering Clauses

    IT IS ORDERED, pursuant to 47 U.S.C. 154(i), 157(a), 160, 161, 
303(c), 303(f), 303(g), 303(r), 308(b), 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 
below.
    IT IS FURTHER ORDERED that the International Bureau is delegated 
authority to issue Public Notices consistent with this Report and 
Order.
    IT IS FURTHER ORDERED that the International Bureau will issue a 
Public Notice announcing the effective date for all of the changes 
adopted in this Report and Order.
    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

47 CFR Part 0

    Administrative practice and procedure.

47 CFR Part 25

    Administrative practice and procedure, earth stations, 
incorporation by reference, satellites.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0 and 25 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

0
2. In Sec.  0.457, add paragraph (d)(1)(vii)(C) to read as follows:


Sec.  0.457  Records not routinely available for public inspection.

* * * * *
    (d) * * *
    (1) * * *
    (vii) * * *
    (C) APIs submitted pursuant to Sec.  25.111(e) of this chapter and 
Coordination Requests filed pursuant to Sec.  25.110(b)(3)(i) of this 
chapter are not routinely available for public inspection before the 
Commission submits the Coordination Request to the ITU. Submission of 
Coordination Requests to the ITU will be announced by public notice 
pursuant to Sec.  25.151(a)(9) of this chapter.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

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

    Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

0
4. In Sec.  25.103, add definitions of ``Conventional C-band,'' 
``Conventional Ka-band,'' ``Conventional Ku-band,'' ``Extended C-
band,'' ``Plane perpendicular to the GSO arc,'' ``Plane tangent to the 
GSO arc,'' ``Skew angle,'' and ``Two-degree-compliant space station'' 
in alphabetical order; remove the definitions of ``12/14 GHz bands,'' 
``20/30 GHz bands,'' and ``C band''; and revise the definitions of 
``Extended Ku band,'' ``NGSO FSS gateway earth station,'' ``Protection 
areas,'' and ``Routine processing or licensing'' to read as follows:


Sec.  25.103  Definitions.

* * * * *
    Conventional C-band. The 3700-4200 MHz (space-to-Earth) and 5925-
6425 MHz (Earth-to-space) FSS frequency bands.
    Conventional Ka-band. 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) frequency bands, which the Commission has 
designated as primary for GSO FSS operation.
    Conventional Ku-band. The 11.7-12.2 GHz (space-to-Earth) and 14.0-
14.5 GHz (Earth-to-space) FSS frequency bands.
* * * * *
    Extended C-band. The 3600-3700 MHz (space-to-Earth), 5850-5925 MHz 
(Earth-to-space), and 6425-6725 MHz (Earth-to-space) FSS frequency 
bands.
    Extended Ku-band. The 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 
GHz (space-to-Earth), and 13.75-14.0 GHz bands (Earth-to-space) FSS 
frequency bands.
* * * * *
    NGSO FSS gateway earth station. An earth station or complex of 
multiple earth station antennas that supports the routing and switching 
functions of an NGSO FSS system and that does not originate or 
terminate communication traffic. An NGSO FSS gateway earth station may 
also be used for telemetry, tracking, and command transmissions and is 
not for the exclusive use of any customer.
* * * * *
    Plane perpendicular to the GSO arc. The plane that is perpendicular 
to the ``plane tangent to the GSO arc,'' as defined below, and includes 
a line between the earth station in question and the GSO space station 
that it is communicating with.
    Plane tangent to the GSO arc. The plane defined by the location of 
an earth station's transmitting antenna and a line in the equatorial 
plane that is tangent to the GSO arc at the location of the GSO space 
station that the earth station is communicating with.
* * * * *
    Protection areas. The geographic regions where U.S. Department of 
Defense meteorological satellite systems or National Oceanic and 
Atmospheric Administration meteorological satellite systems, or both 
such systems, receive signals from low earth orbiting satellites. Also, 
areas around NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz 
Mobile-Satellite Service determined in the manner specified in Sec.  
25.203(j).
* * * * *
    Routine processing or licensing. Expedited processing of unopposed 
applications for earth stations in the FSS communicating with GSO space 
stations that satisfy the criteria in Sec. Sec.  25.138(a), 25.211(d), 
25.212(c), 25.212(d), 25.212(e), 25.212(f), 25.218, or 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)(3).
* * * * *
    Skew angle. The angle between the minor axis of an axially 
asymmetric antenna beam and the plane tangent to the GSO arc.
* * * * *
    Two-degree-compliant space station. A GSO FSS space station 
operating in the conventional or extended C-bands, the conventional or 
extended Ku-bands, or the conventional Ka-band within the limits on 
downlink EIRP density or PFD specified in Sec.  25.140(a)(3) and 
communicating only with earth stations operating in conformance with 
routine uplink parameters specified in Sec. Sec.  25.138(a), 25.211(d), 
25.212(c), (d), or (f), 25.218, 25.221(a)(1) or (a)(3), 25.222(a)(1) or 
(a)(3), 25.226(a)(1) or (a)(3), or 25.227(a)(1) or (a)(3).
* * * * *

0
5. Add Sec.  25.108 to read as follows:

[[Page 55325]]

Sec.  25.108  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Commission must publish a document in 
the Federal Register and the material must be available to the public. 
All approved material is available for inspection at the Federal 
Communications Commission, 445 12th Street SW., Reference Information 
Center, Room CY-A257, Washington, DC 20554, 202-418-0270, and is 
available from the sources listed below. It is also available for 
inspection 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.
    (b) International Telecommunication Union (ITU), Place des Nations, 
1211 Geneva 20 Switzerland; www.itu.int; Voice: +41 22 730 5111; Fax: 
+41 22 733 7256; email: itumail@itu.int.
    (1) ITU Radio Regulations, Volume 1: Articles, Article 9, 
``Procedure for effecting coordination with or obtaining agreement of 
other administrations,'' Section II, ``Procedure for effecting 
coordination,'' Edition of 2012, https://www.itu.int/pub/R-REG-RR-2012. 
Incorporation by reference approved for Sec.  25.111(e).
    (2) ITU Radio Regulations, Volume 2: Appendices, Appendix 30, 
``Provisions for all services and associated Plans and List for the 
broadcasting-satellite service in the frequency bands 11.7-12.2 GHz (in 
Region 3), 11.7-12.5 GHz (in Region 1) and 12.2-12.7 GHz (in Region 
2),'' Edition of 2012, https://www.itu.int/pub/R-REG-RR-2012. 
Incorporation by reference approved for Sec. Sec.  25.117(h) and 
25.118(e).
    (3) ITU Radio Regulations, Volume 2: Appendices, Appendix 30A, 
``Provisions and associated Plans and List for feeder links for the 
broadcasting-satellite service (11.7-12.5 GHz in Region 1, 12.2-12.7 
GHz in Region 2 and 11.7-12.2 GHz in Region 3) in the frequency bands 
14.5-14.8 GHz and 17.3-18.1 GHz in Regions 1 and 3, and 17.3-17.8 GHz 
in Region 2,'' Edition of 2012, https://www.itu.int/pub/R-REG-RR-2012. 
Incorporation by reference approved for Sec. Sec.  25.110(b), 
25.117(h), and 25.118(e).
    (4) ITU Radio Regulations, Volume 2: Appendices, Appendix 30B, 
``Provisions and associated Plan for the fixed-satellite service in the 
frequency bands 4 500-4 800 MHz, 6 725-7 025 MHz, 10.70-10.95 GHz, 
11.2-11.45 GHz and 12.75-13.25 GHz,'' Edition of 2012, https://www.itu.int/pub/R-REG-RR-2012. Incorporation by reference approved for 
Sec. Sec.  25.110(b) and 25.140(a).
    (5) Recommendation ITU-R S.1503-2, ``Functional description to be 
used in developing software tools for determining conformity of non-
geostationary-satellite orbit fixed-satellite system networks with 
limits contained in Article 22 of the Radio Regulations,'' December 
2013, https://www.itu.int/rec/R-REC-S.1503-2-201312-I. Incorporation by 
reference approved for Sec.  25.146(a).

0
6. In Sec.  25.110, revise paragraphs (b) and (f) to read as follows:


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

* * * * *
    (b) Submitting your application. (1) All earth station license 
applications must be filed electronically on FCC Form 312 in accordance 
with the applicable provisions of part 1, subpart Y of this chapter.
    (2) Except as provided in paragraph (b)(3) of this section, 
applications for space station licenses must be filed electronically on 
FCC Form 312 in accordance with the applicable provisions of part 1, 
subpart Y of this chapter and include all information required by Sec.  
25.114.
    (3) A license application for 17/24 GHz BSS space station operation 
or for GSO FSS space station operation not subject to the provisions in 
Appendix 30A of the ITU Radio Regulations (incorporated by reference, 
see Sec.  25.108) may be submitted in two steps, as follows:
    (i) An application for 17/24 GHz BSS space station operation or for 
GSO FSS space station operation not subject to the provisions in 
Appendix 30B of the ITU Radio Regulations (incorporated by reference, 
see Sec.  25.108) may be initiated by filing with the Commission, in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter, a draft Coordination Request and simplified Form 312 for the 
proposed operation and a declaration of acceptance of ITU cost-recovery 
responsibility in accordance with Sec.  25.111(d). The simplified Form 
312, Main Form submission must include the information required by 
items 1-17, 43, 45, and 46.
    (ii) An application for GSO FSS space station operation subject to 
the provisions in Appendix 30B of the ITU Radio Regulations 
(incorporated by reference, see Sec.  25.108) may be initiated by 
submitting to the Commission, in accordance with the applicable 
provisions of part 1, subpart Y of this chapter, a draft ITU filing to 
convert an allotment into an assignment, to introduce an additional 
system, or to modify an assignment in the Appendix 30B List accompanied 
by a simplified Form 312 and a declaration of acceptance of ITU cost-
recovery responsibility in accordance with Sec.  25.111(d). The 
simplified Form 312, Main Form submission must include the information 
required by items 1-17, 43, 45, and 46. In addition, the applicant must 
submit the results of an analysis demonstrating that no U.S. filing 
under Appendix 30B would be deemed affected by the proposed operation 
under the relevant ITU criteria or, for any affected filings, a letter 
signed by the affected operator that it consents to the new filing.
    (iii) An application initiated pursuant to paragraphs (b)(3)(i) or 
(b)(3)(ii) of this section will be considered completed by the filing 
of an FCC Form 312 and the remaining information required in a complete 
license application, including the information required by Sec.  
25.114, within two years of the date of submission of the initial 
application materials.
* * * * *
    (f) An applicant must pay the appropriate filing fee in accordance 
with part 1, subpart G of this chapter, at the time when it files a FCC 
Form 312.

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


Sec.  25.111  Additional information, ITU filings, and ITU cost 
recovery.

* * * * *
    (d) The Commission will submit filings to the ITU on behalf of an 
applicant, licensee, or other requesting party only after the party has 
filed a signed declaration of unconditional acceptance of all 
consequent ITU cost-recovery responsibility. Applicants and licensees 
must file the declaration electronically in the ``Other Filings'' tab 
of the application file in the IBFS database, and must also mail a 
paper copy to the International Bureau, Satellite Division. In 
addition, applicants and licensees must reference the call sign and 
name of the satellite network in the declaration. All cost-recovery 
declarations must include the name(s), address(es), email address(es), 
and telephone 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

[[Page 55326]]

cost-recovery responsibility is discharged. The applicant, licensee, or 
other party 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.
    (e) The Commission will process and forward to the ITU up to five 
Advance Publication filings by an entity that are not accompanied by a 
complete space station license application or by an application 
pursuant to Sec.  25.110(b)(3)(i) or (b)(3)(ii). Such Advance 
Publication filing requests not contained in an application must be 
accompanied by a letter request and a signed ITU cost-recovery 
declaration pursuant to paragraph (d) of this section. A request for 
filing of Advance Publication information will be attributed to an 
entity in the same manner as a space station license application under 
the criteria set forth in Sec.  25.159(c).

    Note to Paragraph (e): After June 30, 2016, the Commission will 
not forward Advance Publication information for satellite networks 
or systems subject to Article 9, Section II of the ITU Radio 
Regulations (incorporated by reference, see Sec.  25.108).


0
8. In Sec.  25.112, revise the section heading, the first sentence in 
paragraph (b) introductory text, and paragraph (c) and add paragraph 
(d) to read as follows:


Sec.  25.112  Dismissal and return of applications.

* * * * *
    (b) Applications for space station authority found defective under 
paragraph (a)(3) or (a)(4) of this section will not be considered. * * 
*
* * * * *
    (c) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice unless the application 
is mutually exclusive pursuant to Sec.  25.155, in which case it will 
be dismissed with prejudice.
    (d) An application will be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to final 
Commission action.

0
9. In Sec.  25.113, revise the section heading and paragraphs (f), (g), 
and (h) and add paragraph (i) to read as follows:


Sec.  25.113  Station construction, deployment approval, and operation 
of spare satellites.

* * * * *
    (f) Construction permits are not required for U.S.-licensed space 
stations, except for stations that the applicant proposes to operate to 
disseminate program content to be received by the public at large, 
rather than only by subscribers. Construction of a station for which a 
construction permit is not required may commence, at the applicant's 
own risk, prior to grant of a license.
    (g) Except as set forth in paragraphs (h) and (i) of this section, 
approval for orbital deployment and a station license (i.e., operating 
authority) must be applied for and granted before a space station may 
be deployed and operated in orbit. Approval for orbital deployment may 
be requested in an application for a space station license. However, an 
application for authority to deploy and operate an on-ground spare 
satellite will be considered pursuant to the following procedures:
    (1) Applications for deployment and operation of an on-ground spare 
NGSO-like satellite will be considered pursuant to the procedures set 
forth in Sec.  25.157, except as provided in paragraph (g)(3) of this 
section.
    (2) Applications for deployment and operation of an on-ground spare 
GSO-like satellite will be considered pursuant to the procedures set 
forth in Sec.  25.158, except as provided in paragraph (g)(3) of this 
section.
    (3) Neither paragraph (g)(1) nor (g)(2) of this section will apply 
in cases where the space station to be deployed is determined to be an 
emergency replacement for a previously authorized space station that 
has been lost as a result of a launch failure or a catastrophic in-
orbit failure.
    (h) An operator of NGSO space stations under a blanket license 
granted by the Commission need not apply for license modification to 
operate technically identical in-orbit spare satellites in an 
authorized orbit. However, the licensee must notify the Commission 
within 30 days of bringing an in-orbit spare into service and certify 
that its activation has not exceeded the number of space stations 
authorized to provide service and that the licensee has determined by 
measurement that the activated spare is operating within the terms of 
the license.
    (i) An operator of NGSO space stations under a blanket license 
granted by the Commission need not apply for license modification to 
deploy and operate technically identical replacement satellites in an 
authorized orbit within the term of the system authorization. However, 
the licensee must notify the Commission of the intended launch at least 
30 days in advance and certify that its operation of the additional 
space station(s) will not increase the number of space stations 
providing service above the maximum number specified in the license.

0
10. In Sec.  25.114, revise paragraphs (a), (b), (c)(4)(vi)(D), 
(c)(13), (d)(10), and (d)(15)(i), (iii), and (iv) to read as follows:


Sec.  25.114  Applications for space station authorizations.

    (a)(1) A license application filed pursuant to Sec.  25.110(b)(2) 
for a GSO space station or NGSO space station or space-station 
constellation must comprise a comprehensive proposal and must be 
submitted on FCC Form 312, Main Form and Schedule S, with attached 
exhibits required by paragraph (d) of this section.
    (2) An application for blanket authority for an NGSO constellation 
of space stations that are not all technically identical must provide 
the information required by paragraphs (c) and (d) of this section for 
each type of station in the constellation.
    (3) For an application filed pursuant to the two-step procedure in 
Sec.  25.110(b)(3), the filing pursuant to Sec.  25.110(b)(3)(iii) must 
be submitted on FCC Form 312, Main Form and Schedule S, with attached 
exhibits as required by paragraph (d) of this section, and must 
constitute a comprehensive proposal.
    (b) Each application for a new or modified space station 
authorization must contain the formal waiver required by 47 U.S.C. 304.
    (c) * * *
    (4) * * *
    (vi) * * *
    (D) For a space station with steerable beams that are not 
shapeable, specify the applicable contours, as defined in 
paragraph(c)(4)(vi)(A) or (c)(4)(vi)(B) of this section, with a 
description of a proposed coverage area for each steerable beam or 
provide the contour information described in paragraph (c)(4)(vi)(C) of 
this section for each steerable beam.
* * * * *
    (13) And the polarization information necessary to determine 
compliance with Sec.  25.210(i).
* * * * *
    (d) * * *
    (10) An application for space station authorization in the 1.6/2.4 
GHz or 2

[[Page 55327]]

GHz Mobile-Satellite Service must include information required by Sec.  
25.143(b);
* * * * *
    (15) * * *
    (i) If the applicant proposes to operate in the 17.3-17.7 GHz 
frequency band, a demonstration that the proposed space station will 
comply with the power flux density limits in Sec.  25.208(w) unless the 
applicant provides a certification under paragraph (d)(15)(ii) of this 
section.
* * * * *
    (iii) If the applicant proposes to provide international service in 
the 17.7-17.8 GHz frequency band, a certification that the proposed 
space station will comply with the power flux density limits in Sec.  
25.208(c).
    (iv) Any information required by Sec. Sec.  25.264(a)(6), 
25.264(b)(4), or 25.264(d).
* * * * *


Sec.  25.115  [Amended]

0
11. Amend Sec.  25.115 as follows:
0
a. Revise the section heading;
0
b. Revise paragraph (a)(2) introductory text and paragraphs (a)(2)(iii) 
through (vii);
0
c. Remove paragraphs (a)(2)(viii) and (ix);
0
d. Revise paragraph (c)(1), paragraph (c)(2) introductory text, and 
paragraph (c)(2)(i) introductory text;
0
e. Add paragraph (c)(3);
0
f. Remove the word ``CSAT'' and ``(CSATs)'' each place they appear in 
paragraph (c);
0
g. Revise paragraph (e);
0
h. Revise the second sentence in paragraph (f);
0
i. Revise paragraph (g) introductory text, and paragraphs (g)(1) and 
(2);
0
j. Remove and reserve paragraph (h); and
0
k. Revise paragraphs (i) and (k).


Sec.  25.115  Applications for earth station authorizations.

    (a) * * *
    (2) Applicants for licenses for transmitting earth stations in the 
FSS may file on FCC Form 312EZ if all of the following criteria are 
met:
* * * * *
    (iii) The application meets all relevant criteria in Sec. Sec.  
25.211 or 25.212 or includes information filed pursuant to paragraph 
(g)(1) of this section indicating that off-axis EIRP density from the 
proposed earth stations will not exceed relevant levels specified in 
Sec. Sec.  25.138(a) or 25.218;
    (iv) Operation of the proposed station has been successfully 
coordinated with terrestrial systems, if the station would transmit in 
the 5925-6425 MHz band;
    (v) The application includes an environmental impact statement 
pursuant to Sec.  1.1311 of this chapter, if required;
    (vi) The applicant does not propose to communicate via non-U.S.-
licensed space stations not on the Permitted Space Station List; and
    (vii) If the proposed station(s) will receive in the 18.3-18.8 GHz 
and/or 19.7-20.2 GHz bands, the applicant proposes to communicate only 
via satellites for which coordination has been completed pursuant to 
Footnote US334 of the U.S. Table of Frequency Allocations with respect 
to Federal Government systems authorized on a primary basis, under an 
agreement previously approved by the Commission and the National 
Telecommunications and Information Administration, and the applicant 
certifies that it will operate consistently with the agreement.
* * * * *
    (c)(1) Networks of earth stations operating in the 11.7-12.2 GHz 
and 14.0-14.5 GHz bands with U.S.-licensed or non-U.S.-licensed space 
stations for domestic or international services. Applications to 
license networks of earth stations operating in any portion of the 
11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating authority 
may be filed on FCC Form 312 or Form 312EZ, with a Schedule B for each 
large (5 meters or larger) hub station antenna and each representative 
type of small antenna (less than 5 meters) operating within the 
network.
    (i) Applications to license networks of earth stations operating in 
the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating 
authority that meet the requirements of Sec. Sec.  25.212(c) or 
25.218(e) or (f) will be routinely processed.
    (ii) Applications to license networks of earth stations operating 
in the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating 
authority that do not meet the requirements of Sec. Sec.  25.212(c) or 
25.218(e) or (f) must comply with the requirements in Sec.  25.220 and 
must be filed on FCC Form 312 with a Schedule B for each large (5 
meters or larger) hub station antenna and each representative type of 
small antenna (less than 5 meters) operating within the network.
    (c)(2) Networks of earth stations operating in the 3700-4200 MHz 
and 5925-6425 MHz bands. Applications to license networks of earth 
stations operating in the 3700-4200 MHz and 5925-6425 MHz bands must be 
filed electronically on FCC Form 312, Main Form and Schedule B. 
Applications will be routinely processed provided that frequency 
coordination has been satisfactorily completed and that the proposed 
earth stations comply with the applicable provisions in Sec. Sec.  
25.211(d) or 25.212(d). Alternatively, applicants that have 
satisfactorily completed frequency coordination may be routinely 
processed if the proposed earth stations comply with the applicable 
off-axis EIRP density limits in Sec.  25.218(c) or (d).
    (i) For earth station antennas operating with power levels not 
consistent with the applicable provisions in Sec. Sec.  25.211(d) or 
25.212(d), or with EIRP density levels not consistent with those 
specified in Sec.  25.218(c) or (d), the applicant must file an initial 
lead application providing a detailed overview of the complete network. 
Such lead applications must fully identify the scope and nature of the 
service to be provided, as well as the complete technical details of 
each representative type of antenna that will operate within the 
network. Such lead applications for a single system must identify:
* * * * *
    (c)(3) Networks of earth stations operating in the 18.3-18.8 GHz, 
19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30 GHz bands with U.S.-
licensed or non-U.S.-licensed satellites for domestic or international 
services.
    (i) Applications to license networks of earth stations that will 
transmit digitally modulated signals to GSO space stations in the 
28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating 
authority must be filed on FCC Form 312, or Form 312EZ if available, 
with a Schedule B for each large (5 meters or larger) hub station 
antenna and each representative type of small antenna (less than 5 
meters) operating within the network and may be routinely processed if 
the criteria in paragraphs (c)(3)(i)(A) and (B) of this section are 
met:
    (A) The applicant certifies pursuant to Sec.  25.132(a)(1) that the 
off-axis gain of transmitting antennas in the network will not exceed 
the relevant levels specified in Sec.  25.209(a) and (b) and the power 
spectral density of any digitally modulated carrier into any 
transmitting earth station antenna in the proposed network will not 
exceed 3.5 dBW/MHz as specified in Sec.  25.212(e).
    (B) The application includes information filed pursuant to 
paragraph (g)(1) of this section indicating that off-axis EIRP density 
from the proposed earth stations will not exceed relevant routine 
levels specified in Sec.  25.138(a).
    (ii) Applications to license networks of earth stations operating 
in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket 
operating authority that

[[Page 55328]]

do not meet the requirements of Sec. Sec.  25.212(e) or 25.138(a) must 
comply with the requirements in Sec.  25.220 and must be filed on FCC 
Form 312 with a Schedule B for each large (5 meters or larger) hub 
station antenna and each representative type of small antenna (less 
than 5 meters) operating within the network.
* * * * *
    (e) License applications for earth station operation in any portion 
of the 18.3-20.2 GHz and 28.35-30.0 GHz bands not filed on FCC Form 
312EZ pursuant to paragraph (a)(2) of this section must be filed on FCC 
Form 312, Main Form and Schedule B, and must include any information 
required by paragraph (g) or (j) of this section or by Sec.  25.130. An 
applicant may request authority for operation of GSO FSS earth stations 
in the conventional Ka-band, or for operation of NGSO FSS earth 
stations in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 (Earth-to-
space) bands, without specifying the location of user terminals but 
must specify the geographic area(s) in which they will operate and the 
location of hub and/or gateway stations.
    (f) * * * Applications for blanket authority to operate transceiver 
units may be filed using FCC Form 312, Main Form and Schedule B. * * *
    (g) Applications for earth stations that will transmit to GSO space 
stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz, 24.75-
25.25 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz bands must include, in 
addition to the particulars of operation identified on FCC Form 312 and 
associated Schedule B, the information specified in either paragraph 
(g)(1) or (g)(2) of this section for each earth station antenna type.
    (1) Specification of off-axis EIRP density calculated from 
measurements made consistent with the requirements in Sec.  
25.132(b)(1), in accordance with the following requirements. For 
purposes of this rule, the ``off-axis angle'' is the angle in degrees 
from a line between an earth station antenna and the target satellite.
    (i) A plot of maximum co-polarized EIRP density in the plane 
tangent to the GSO arc at off-axis angles from minus 180[deg] to plus 
180[deg];
    (ii) A plot of maximum co-polarized EIRP density in the plane 
tangent to the GSO arc at off-axis angles from minus 10[deg] to plus 
10[deg];
    (iii) A plot of maximum co-polarized EIRP density in the plane 
perpendicular to the GSO arc at off-axis angles from 0[deg] to plus 
30[deg];
    (iv) A plot of maximum cross-polarized EIRP density in the plane 
tangent to the GSO arc at off-axis angles from minus 7[deg] to plus 
7[deg];
    (v) A plot of maximum cross-polarized EIRP density in the plane 
perpendicular to the GSO arc at off-axis angles from minus 7[deg] to 
plus 7[deg];
    (vi) For antennas for which gain measurements are made pursuant to 
Sec.  25.132(b)(1)(iv), the EIRP density plots specified in paragraphs 
(g)(1)(i) through (v) of this section must be provided over the 
specified angular ranges in two orthogonal planes, one of which is 
tangent to the GSO arc and with the antenna operating at its maximum 
skew angle, which the applicant must specify.
    (vii) The relevant off-axis EIRP density envelopes in Sec. Sec.  
25.138, 25.218, 25.221, 25.222, 25.223, 25.226, or 25.227 must be 
superimposed on plots submitted pursuant to paragraphs (g)(1)(i) 
through (vi) of this section.
    (viii) The showing must include a supplemental table for each off-
axis angular range in which the relevant EIRP density envelope will be 
exceeded, specifying angular coordinates in degrees off-axis and 
corresponding calculated off-axis EIRP density at 0.2[deg] increments 
over the angular range in which the routine envelope will be exceeded 
and one degree on each side of that range.
    (2) An applicant that certifies pursuant to Sec.  25.132(a)(1) that 
a proposed antenna's measured gain pattern conforms to relevant 
standards in Sec.  25.209(a) and (b) and that input power density to 
the antenna will not exceed the relevant limit in Sec. Sec.  25.211 or 
25.212 need not provide a showing pursuant to paragraph (g)(1) of this 
section for operation with that antenna.
    (h) [Reserved]
    (i) An earth station applicant filing an application for a blanket-
licensed earth station network made up of FSS earth stations and 
planning to use a contention protocol must include in its application a 
certification that its contention protocol usage will be reasonable.
* * * * *
    (k)(1) Applicants for FSS earth stations that qualify for routine 
processing in the conventional or extended C-bands, the conventional or 
extended Ku-bands, the conventional Ka-band, or the 24.75-25.25 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 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 
conventional Ka-band 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
12. In Sec.  25.117, add paragraph (h) to read as follows:


Sec.  25.117  Modification of station license.

* * * * *
    (h) Unless otherwise ordered by the Commission, an application for 
any of the following kinds of modification of the operation of a GSO 
space station will be deemed granted 35 days after the date of the 
public notice that the application has been accepted for filing, 
provided no objection is filed during the 30-day notice period and the 
application does not propose a change that would be inconsistent with a 
Commission rule or require modification of the BSS plan in Appendix 30 
or the associated feeder-link Plan in Appendix 30A of the ITU Radio 
Regulations (both incorporated by reference, see Sec.  25.108).
    (1) Relocation of a DBS or GSO FSS space station by no more than 
0.15[deg] from the initially authorized orbital location, provided the 
application includes a signed certification that:
    (i) The space station operator has assessed and limited the 
probability of the satellite becoming a source of debris as a result of 
collisions with large debris or other operational satellites at the new 
orbital location; and
    (ii) The proposed station-keeping volume of the satellite following 
relocation will not overlap a station-keeping volume reasonably 
expected to be occupied by any other satellite, including those 
authorized by the Commission, applied for and pending before the 
Commission, or otherwise the subject of an ITU filing and either in 
orbit or progressing towards launch.
    (2) Repositioning one or more antenna beams by no more than 0.3 
angular degrees from a line between the space station and the initially 
authorized boresight location(s).

[[Page 55329]]


0
13. In Sec.  25.118, revise paragraphs (a), (b), and (e) to read as 
follows:


Sec.  25.118  Modifications not requiring prior authorization.

    (a) Earth station modifications, notification required. Earth 
station licensees may make the following modifications without prior 
Commission authorization, provided they notify the Commission, using 
FCC Form 312 and Schedule B, within 30 days of the modification. The 
notification must be filed electronically through the International 
Bureau Filing System (IBFS) in accordance with the applicable 
provisions of part 1, subpart Y of this chapter.
    (1) Blanket-licensed earth station operators may add remote 
terminals operating on a primary basis without prior authorization, 
provided they have complied with all applicable frequency coordination 
procedures in accordance with Sec.  25.251.
    (2) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
FCC Form 312 within 30 days after the completed change to common 
carrier status.
    (3) An earth station operator may change a point of communication 
without prior authorization, provided the operator does not repoint the 
earth station's antenna beyond any coordinated range; and
    (i) The change results from a space station relocation described in 
paragraph (e) of this section, or
    (ii) The new point of communication is a replacement GSO space 
station within 0.15[deg] of orbital longitude of the same 
location, with authority to serve the U.S., and the change does not 
entail any increase in the earth station's EIRP or EIRP density.
    (4) Licensees may make other changes to their authorized earth 
stations without prior authority from the Commission, provided the 
modification does not involve:
    (i) An increase in EIRP or EIRP density (either main lobe or off-
axis);
    (ii) Additional operating frequencies;
    (iii) A change in polarization;
    (iv) An increase in antenna height;
    (v) Antenna repointing beyond any coordinated range or
    (vi) A change from the originally authorized coordinates of more 
than 1 second in latitude or longitude for stations operating in 
frequency bands shared with terrestrial systems or more than 10 seconds 
of latitude or longitude for stations operating in frequency bands not 
shared with terrestrial systems.
    (b) Earth station modifications, notification not required. 
Notwithstanding paragraph (a) of this section, equipment in an 
authorized earth station may be replaced without prior authorization 
and without notifying the Commission if the new equipment is 
electrically identical to the existing equipment.
* * * * *
    (e) Relocation of GSO space stations. A space station licensee may 
relocate a GSO space station without prior authorization, but upon 30 
days prior notice to the Commission and any potentially affected 
licensed spectrum user, provided that the operator meets the following 
requirements. The notification must be filed electronically on FCC Form 
312 through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter:
    (1) The space station will be relocated to a position within 0.15[deg] of an orbital location assigned to the same licensee.
    (2) The licensee certifies that the space station will operate 
after the relocation within the technical parameters authorized and 
coordinated for the space station previously assigned to that location.
    (3) The licensee certifies that it will comply with all the 
conditions of its license for operation at the changed location.
    (4) The licensee certifies that it will limit operations of the 
space station to tracking, telemetry, and command functions during the 
relocation and satellite drift transition period.
    (5) The licensee certifies that:
    (i) It has assessed and limited the probability of the satellite 
becoming a source of debris as a result of collisions with large debris 
or other operational satellites at the new orbital location; and
    (ii) The proposed station-keeping volume of the satellite following 
relocation will not overlap a station-keeping volume reasonably 
expected to be occupied by any other satellite, including those 
authorized by the Commission, applied for and pending before the 
Commission, or otherwise the subject of an ITU filing and either in 
orbit or progressing towards launch.
    (6) The licensee certifies that the relocation will not result in a 
lapse of service for any current customer.
    (7) If the space station to be relocated is a DBS space station, 
the licensee certifies that there will be no increase in interference 
due to the operations of the relocated space station that would require 
the Commission to submit a proposed modification to the ITU Appendix 30 
Broadcasting-Satellite Service Plan and/or the Appendix 30A feeder-link 
Plan (both incorporated by reference, see Sec.  25.108) to the ITU 
Radiocommunication Bureau. A DBS licensee that meets this certification 
requirement is not subject to the requirements in paragraph (e)(2) of 
this section.
    (8) If the space station to be relocated is a DBS space station, 
the licensee certifies that it will meet the geographic service 
requirements in Sec.  25.148(c) after the relocation.
* * * * *

0
14. In Sec.  25.119, revise paragraph (a) and add paragraphs (h), (i), 
and (j) to read as follows:


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

    (a) You must file an application for Commission authorization 
before you can transfer, assign, dispose of (voluntarily or 
involuntarily, directly or indirectly, or by transfer of control of any 
corporation or any other entity) your construction permit or station 
license, or accompanying rights, except as provided in paragraph (h) of 
this section. The Commission will grant your application only if it 
finds that doing so will serve the public interest, convenience, and 
necessity.
* * * * *
    (h) Pro forma transactions involving a telecommunications carrier. 
You do not need prior Commission approval for a non-substantial (pro 
forma) transfer of control or assignment of license involving a 
telecommunications carrier, as defined in 47 U.S.C. 153(51). However, 
the pro forma transferee or assignee must file a notification with the 
Commission no later than 30 days after the transfer or assignment is 
completed. The notification must be filed on FCC Form 312, Main Form 
and Schedule A and must contain a certification that the transfer of 
control or assignment was pro forma and that, together with all 
previous pro forma transactions, it did not result in a change in the 
actual controlling party.
    (i) Pro forma transactions not involving a telecommunications 
carrier. A complete application for Commission approval of a non-
substantial (pro forma) transfer of control or assignment of license 
not involving a telecommunications carrier, as defined in 47 U.S.C. 
153(51), will be deemed granted one business day after filing, provided 
that:
    (1) Approval does not require a waiver of, or a declaratory ruling 
pertaining to, any applicable Commission rule; and

[[Page 55330]]

    (2) The application includes a certification that the proposed 
transfer of control or assignment is pro forma and that, together with 
all previous pro forma transactions, it would not result in a change in 
the actual controlling party.
    (j) Receive-only earth station registrations. You do not need prior 
Commission approval for a transfer of control or assignment of a 
receive-only earth station registration. For all such transactions 
other than non-substantial (pro forma) transfers of control, the 
transferee or assignee must file a notification with the Commission on 
FCC Form 312, Main Form and Schedule A no later than 30 days after the 
transfer or assignment is completed. No notification is required for a 
pro forma transfer of control of a receive-only earth station 
registrant.

0
15. 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. Sec.  1.1307(b) 
and 2.1033(c) of this chapter, applicants for certification required by 
this section must submit any additional equipment test data necessary 
to demonstrate compliance with pertinent standards for transmitter 
performance prescribed in Sec. Sec.  25.138, 25.202(f), and 25.216, 
must submit the statements required by Sec.  2.1093(c) of this chapter, 
and must demonstrate compliance with the labeling requirement in Sec.  
25.285(b).
* * * * *

0
16. In Sec.  25.130, revise paragraph (b), (g) introductory text, and 
the note to paragraph (g) to read as follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

* * * * *
    (b) A frequency coordination analysis in accordance with Sec.  
25.203(b) must be provided for earth stations transmitting in the 
frequency bands shared with equal rights between terrestrial and space 
services, except applications for user transceiver units associated 
with the NVNG MSS, which must instead provide the information required 
by Sec.  25.135, and applications for 1.6/2.4 GHz MSS user 
transceivers, which must demonstrate that the transceivers will operate 
in compliance with relevant requirements in Sec.  25.213. Also, 
applications for transmitting earth stations must include any 
notification or demonstration required by any other relevant provision 
in Sec.  25.203.
* * * * *
    (g) Parties may apply, either in an initial application or an 
application for modification of license, for operating authority for 
multiple transmitting FSS earth stations that are not eligible for 
blanket or network licensing under another section of this part in the 
following circumstances:
* * * * *

    Note to paragraph (g): This paragraph does not apply to 
applications for blanket-licensed earth station networks filed 
pursuant to Sec. Sec.  25.115(c) or 25.218; applications for 
conventional Ka-band hub stations filed pursuant to Sec.  25.115(e); 
applications for NGSO FSS gateway earth stations filed pursuant to 
Sec.  25.115(f); applications filed pursuant to Sec. Sec.  25.221, 
25.222, 25.226, or 25.227; or applications for 29 GHz NGSO MSS 
feeder-link stations in a complex as defined in Sec.  25.257.


0
17. In Sec.  25.131, revise paragraphs (b) and (j)(2) to read as 
follows:


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

* * * * *
    (b) Receive-only earth stations in the FSS that operate with U.S.-
licensed space stations, or with non-U.S.-licensed space stations that 
have been duly approved for U.S. market access, may be registered with 
the Commission in order to protect them from interference from 
terrestrial microwave stations in bands shared co-equally with the 
Fixed Service in accordance with the procedures of Sec. Sec.  25.203 
and 25.251, subject to the stricture in Sec.  25.209(c).
* * * * *
    (j) * * *
    (2) Operators of receive-only earth stations need not apply for a 
license to receive transmissions from non-U.S.-licensed space stations 
that have been duly approved for U.S. market access, provided the space 
station operator and earth station operator comply with all applicable 
rules in this chapter and with applicable conditions in the Permitted 
Space Station List or market-access grant.

0
18. In Sec.  25.132, revise the section heading and paragraphs (a) and 
(b) to read as follows:


Sec.  25.132  Verification of earth station antenna performance.

    (a)(1) Except as provided in paragraph (a)(2) of this section, 
applications for transmitting earth stations in the FSS, including 
feeder-link stations, must include a certification that the applicant 
has reviewed the results of a series of radiation pattern tests 
performed by the antenna manufacturer on representative equipment in 
representative configurations, and the test results demonstrate that 
the equipment meets relevant off-axis gain standards in Sec.  25.209, 
measured in accordance with paragraph (b)(1) of this section. 
Applicants and licensees must be prepared to submit the radiation 
pattern measurements to the Commission on request.
    (2) Applicants that specify off-axis EIRP density pursuant to Sec.  
25.115(g)(1) are exempt from the certification requirement in paragraph 
(a)(1) of this section.
    (b)(1) For purposes of paragraph (a)(1) of this section and Sec.  
25.115(g)(1), the following measurements on a production antenna 
performed on calibrated antenna range must be made at the top and 
bottom of each frequency band assigned for uplink transmission:
    (i)(A) Co-polarized gain in the azimuth plane must be measured 
across a range extending to 180[deg] on each side of the main-lobe 
axis, and the measurements must be represented in two plots: one across 
the entire angular range of 180[deg] from the main-lobe 
axis and the other across 10[deg] from the main-lobe axis.
    (B) Co-polarized gain must be measured from 0[deg] to 30[deg] from 
beam peak in the elevation plane.
    (ii) Cross-polarization gain must be measured across a range of 
plus and minus 7[deg] from beam peak in the azimuth and elevation 
planes.
    (iii) Main beam gain.
    (iv) For antennas with asymmetric apertures or beams, where the 
minor axis of the antenna beam (major axis of the antenna aperture) 
will not always be aligned parallel to the plane tangent to the GSO 
arc, the measurements in paragraphs (b)(1)(i) through (iii) of this 
section must be made over the angular ranges specified in paragraphs 
(b)(1)(i)(A) and (B) of this section in two orthogonal planes, with the 
antenna oriented at the maximum skew angle at which it will operate.
    (2) The relevant envelope specified in Sec.  25.209 must be 
superimposed on each measured pattern.
* * * * *

0
19. In Sec.  25.133, revise paragraphs (a)(2), (b)(1)(v) and (vi), and 
(b)(2) to read as follows and remove and reserve paragraph (c):


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

    (a) * * *
    (2) Operation of a network of earth stations at unspecified 
locations under an initial blanket license must commence within 12 
months from the date of the license grant unless the Commission orders 
otherwise.
    (b)(1) * * *

[[Page 55331]]

    (v) A certification that the facility as authorized has been 
completed and that each antenna has been tested and found to perform 
within authorized gain patterns or off-axis EIRP density levels; and
    (vi) The date when the earth station became operational.
* * * * *
    (2) For FSS earth stations authorized under a blanket license, the 
licensee must notify the Commission when the earth station network 
commences operation. The notification should include the information 
described in paragraphs (b)(1)(i) through (iv) of this section and a 
certification that each hub antenna, and a type of antenna used in 
remote stations in the network, has been tested and found to perform 
within authorized gain patterns or off-axis EIRP density levels. For 
any type of antenna whose performance was not certified when the 
network commenced operation, the licensee must submit the information 
and certification stated above for the antenna type when it is first 
deployed.
    (c) [Reserved]
* * * * *


Sec.  25.134  [Removed and Reserved]

0
20. Remove and reserve Sec.  25.134.

0
21. In Sec.  25.137, revise the section heading, paragraph (a) 
introductory text, paragraph (d) introductory text, and paragraphs 
(d)(4), (d)(5), (e), and (f) to read as follows:


Sec.  25.137  Requests for U.S. market access through non-U.S.-licensed 
space stations.

    (a) Earth station applicants requesting authority to communicate 
with a non-U.S.-licensed space station and entities filing a petition 
for declaratory ruling to access the United States market using a non-
U.S.-licensed space station must attach an exhibit with their FCC Form 
312 demonstrating that U.S.-licensed satellite systems have effective 
competitive opportunities to provide analogous services in:
* * * * *
    (d) Earth station applicants requesting authority to communicate 
with a non-U.S.-licensed space station and entities filing a petition 
for declaratory ruling to access the United States market must 
demonstrate that the non-U.S.-licensed space station has complied with 
all applicable Commission requirements for non-U.S.-licensed systems to 
operate in the United States, including but not limited to the 
following:
* * * * *
    (4) The surety bond requirement in Sec.  25.165, for non-U.S.-
licensed space stations that are not in orbit and operating.
    (5) Recipients of U.S. market access for NGSO-like satellite 
operation that have one market access request on file with the 
Commission in a particular frequency band, or one granted market access 
request for an unbuilt NGSO-like system in a particular frequency band, 
will not be permitted to request access to the U.S. market through 
another NGSO-like system in that frequency band.
    (e) An entity requesting access to the United States market through 
a non-U.S.-licensed space station pursuant to a petition for 
declaratory ruling may amend its request by submitting an additional 
petition for declaratory ruling. Such additional petitions will be 
treated on the same basis as amendments filed by U.S. space station 
applicants for purposes of determining the order in which the petitions 
will be considered relative to pending applications and petitions.
    (f) A non-U.S.-licensed space station operator that has been 
granted access to the United States market pursuant to a declaratory 
ruling may modify its U.S. operations under the procedures set forth in 
Sec. Sec.  25.117(d) and (h) and 25.118(e).
* * * * *

0
22. In Sec.  25.138, revise the section heading, paragraph (a) 
introductory text, and paragraphs (a)(1) through (a)(4); add paragraph 
(a)(5) and revise paragraph (b); remove and reserve paragraphs (c), 
(d), and (e); and remove paragraph (g) to read as follows.


Sec.  25.138  Licensing requirements for GSO FSS earth stations in the 
conventional Ka-band.

    (a) Applications for earth station licenses in the GSO FSS in the 
conventional Ka-band that indicate that the following requirements will 
be met and include the information required by relevant provisions in 
Sec. Sec.  25.115 and 25.130 may be routinely processed:
    (1) The EIRP density of co-polarized signals in the plane tangent 
to the GSO arc, as defined in Sec.  25.103, will not exceed the 
following values under clear sky conditions:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32.5-25log([thgr])......................  dBW/MHz                          for 2.0[deg] <= [thgr] <= 7[deg].
11.5....................................  dBW/MHz                          for 7[deg] <= [thgr] <= 9.2[deg]
35.5-25log([thgr])......................  dBW/MHz                          for 9.2[deg] <= [thgr] <= 19.1[deg]
3.5.....................................  dBW/MHz                          for 19.1[deg] < [thgr] <= 180[deg]
----------------------------------------------------------------------------------------------------------------

Where:

[thgr] is the angle in degrees from a line from the earth station 
antenna to the assigned orbital location of the target satellite.

    (2) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, the EIRP density of co-polarized signals will not exceed the 
following values under clear sky conditions:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
35.5-25log([thgr])......................  dBW/MHz                          for 3.5[deg] <= [thgr] <= 7[deg]
14.4....................................  dBW/MHz                          for 7[deg] < [thgr] <= 9.2[deg]
38.5-25log([thgr])......................  dBW/MHz                          for 9.2[deg] < [thgr] <= 19.1[deg]
6.5.....................................  dBW/MHz                          for 19.1[deg] < [thgr] <= 180[deg]
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1) of this section.

    (3) The EIRP density levels specified in paragraphs (a)(1) and (2) 
of this section may be exceeded by up to 3 dB, for values of [thgr] > 
7[deg], over 10% of the range of theta ([thgr]) angles from 7-180[deg] 
on each side of the line from the earth station to the target 
satellite.
    (4) The EIRP density of cross-polarized signals will not exceed the 
following values in the plane tangent to the GSO arc or in the plane 
perpendicular to the GSO arc under clear sky conditions:

[[Page 55332]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
22.5-25log([thgr])......................  dBW/MHz                          for
                                                                           2.0[deg] < [thgr] <= 7.0[deg]
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1) of this section.

    (5) A license application for earth station operation in a network 
using variable power density control of earth stations transmitting 
simultaneously in shared frequencies to the same target satellite 
receiving beam may be routinely processed if the applicant certifies 
that the aggregate off-axis EIRP density from all co-frequency earth 
stations transmitting simultaneously to the same target satellite 
receiving beam, not resulting from colliding data bursts transmitted 
pursuant to a contention protocol, will not exceed the off-axis EIRP 
density limits permissible for a single earth station, as specified in 
paragraphs (a)(1) through (a)(4) of this section.
* * * * *
    (b) Operation with off-axis EIRP density exceeding a relevant 
envelope specified in paragraph (a) of this section and applications 
proposing such operation are subject to coordination requirements in 
Sec.  25.220.
    (c)-(e) [Reserved]
* * * * *

0
23. In Sec.  25.140, revise the section heading and paragraphs (a) and 
(b)(3), and add paragraph (d) to read as follows:


Sec.  25.140  Further requirements for license applications for GSO 
space station operation in the FSS and the 17/24 GHz BSS.

    (a)(1) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation involving transmission of 
analog video signals must certify that the proposed analog video 
operation has been coordinated with operators of authorized co-
frequency space stations within six degrees of the requested orbital 
location.
    (2) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation at an orbital location 
less than two degrees from the assigned location of an authorized co-
frequency GSO space station must either certify that the proposed 
operation has been coordinated with the operator of the co-frequency 
space station or submit an interference analysis demonstrating the 
compatibility of the proposed system with the co-frequency space 
station. Such an analysis must include, for each type of radio 
frequency carrier, the link noise budget, modulation parameters, and 
overall link performance analysis. (See Appendices B and C to Licensing 
of Space Stations in the Domestic Fixed-Satellite Service, FCC 83-184, 
and the following public notices, copies of which are available in the 
Commission's EDOCS database: DA 03-3863 and DA 04-1708.) The provisions 
in this paragraph do not apply to proposed analog video operation, 
which is subject to the requirement in paragraph (a)(1) of this 
section.
    (3) In addition to the information required by Sec.  25.114, an 
applicant for a GSO FSS space station must provide the following for 
operation other than analog video operation:
    (i) With respect to proposed operation in the conventional or 
extended C-bands, a certification that downlink EIRP density will not 
exceed 3 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog 
transmissions and that associated uplink operation will not exceed 
applicable EIRP density envelopes in Sec. Sec.  25.218 or 25.221(a)(1) 
unless the non-routine uplink and/or downlink operation is coordinated 
with operators of authorized co-frequency space stations at assigned 
locations within six degrees of the orbital location of the proposed 
space station and except as provided in paragraph (d) of this section.
    (ii) With respect to proposed operation in the conventional or 
extended Ku-bands, a certification that downlink EIRP density will not 
exceed 14 dBW/4kHz for digital transmissions or 17 dBW/4kHz for analog 
transmissions and that associated uplink operation will not exceed 
applicable EIRP density envelopes in Sec. Sec.  25.218, 25.222(a)(1), 
25.226(a)(1), or 25.227(a)(1) unless the non-routine uplink and/or 
downlink operation is coordinated with operators of authorized co-
frequency space stations at assigned locations within six degrees of 
the orbital location of the proposed space station and except as 
provided in paragraph (d) of this section.
    (iii) With respect to proposed operation in the conventional Ka-
band, a certification that the proposed space station will not generate 
power flux-density at the Earth's surface in excess of -118 dBW/m\2\/
MHz and that associated uplink operation will not exceed applicable 
EIRP density envelopes in Sec.  25.138(a) unless the non-routine uplink 
and/or downlink operation is coordinated with operators of authorized 
co-frequency space stations at assigned locations within six degrees of 
the orbital location and except as provided in paragraph (d) of this 
section.
    (iv) With respect to proposed operation in the 4500-4800 MHz 
(space-to-Earth), 6725-7025 MHz (Earth-to-space), 10.70-10.95 GHz 
(space-to-Earth), 11.20-11.45 GHz (space-to-Earth), and/or 12.75-13.25 
GHz (Earth-to-space) bands, a statement that the proposed operation 
will take into account the applicable requirements of Appendix 30B of 
the ITU Radio Regulations (incorporated by reference, see Sec.  25.108) 
and a demonstration that it is compatible with other U.S. ITU filings 
under Appendix 30B.
    (v) With respect to proposed operation in other FSS bands, an 
interference analysis demonstrating compatibility with any previously 
authorized co-frequency space station at a location two degrees away or 
a certification that the proposed operation has been coordinated with 
the operator(s) of the previously authorized space station(s). If there 
is no previously authorized space station at a location two degrees 
away, the applicant must submit an interference analysis demonstrating 
compatibility with a hypothetical co-frequency space station two 
degrees away with the same receiving and transmitting characteristics 
as the proposed space station.
    (b) * * *
    (3) Except as described in paragraph (b)(5) of this section, an 
applicant for a license to operate a 17/24 GHz BSS space station that 
will be located precisely at one of the 17/24 GHz BSS orbital locations 
specified in Appendix F of the Report and Order adopted May 2, 2007, IB 
Docket No. 06-123, FCC 07-76, must certify that the downlink power flux 
density on the Earth's surface will not exceed the values specified in 
Sec.  25.208(w), and that the associated feeder-link earth station 
transmissions will not exceed the EIRP density limits in Sec.  
25.223(c) unless the non-conforming uplink operation is coordinated 
with other affected 17/24 GHz BSS systems in accordance with Sec.  
25.223(c).
* * * * *
    (d) An operator of a GSO FSS space station in the conventional or 
extended C-bands, conventional or extended Ku-bands, or conventional 
Ka-band may notify the Commission of its non-routine transmission 
levels and be

[[Page 55333]]

relieved of the obligation to coordinate such levels with later 
applicants and petitioners.
    (1) The letter notification must include the downlink off-axis EIRP 
density levels or power flux density levels and/or uplink off-axis EIRP 
density levels, specified per frequency range and space station antenna 
beam, that exceed the relevant routine limits set forth in paragraphs 
(a)(3)(i) through (iii) of this section and Sec. Sec.  25.138(a), 
25.218, 25.221(a)(1), 25.222(a)(1), 25.226(a)(1), or 25.227(a)(1).
    (2) The notification will be placed on public notice pursuant to 
Sec.  25.151(a)(11).
    (3) Non-routine transmissions notified pursuant to this paragraph 
(d) need not be coordinated with operators of authorized co-frequency 
space stations that filed their complete applications or petitions 
after the date of filing of the notification with the Commission. Such 
later applicants and petitioners must accept any additional 
interference caused by the notified non-routine transmissions.
    (4) An operator of a replacement space station, as defined in Sec.  
25.165(e), may operate with non-routine transmission levels to the 
extent permitted under paragraph (d)(3) of this section for the 
replaced space station.
* * * * *


Sec.  25.142   [Amended]

0
24. In Sec.  25.142, remove paragraph (a)(5).

0
25. In Sec.  25.143, revise paragraph (a) and the introductory text of 
paragraph (b)(2), remove paragraphs (b)(3), (c), (e), and (g), 
redesignate paragraph (f) as paragraph (c), and redesignate paragraph 
(h) as paragraph (d).


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

    (a) Authority to launch and operate a constellation of NGSO 
satellites will be granted in a single blanket license for operation of 
a specified number of space stations in specified orbital planes. An 
individual license will be issued for each GSO satellite, whether it is 
to be operated in a GSO-only system or in a GSO/NGSO hybrid system.
    (b) * * *
    (2) Technical qualifications. In addition to providing the 
information specified in paragraph (b)(1) of this section, each 
applicant and petitioner must demonstrate the following:
* * * * *

0
26. In Sec.  25.145, revise the section heading and paragraph (e) to 
read as follows and remove paragraphs (f), (g), and (h).


Sec.  25.145  Licensing provisions for the FSS in the 18.3-20.2 GHz and 
28.35-30.0 GHz bands.

* * * * *
    (e) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the FSS operating in portions 
of the 18.3-20.2 GHz and 28.35-30.0 GHz bands if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possessions, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which 
the Licensee or any persons or companies controlling or controlled by 
the Licensee are parties.
* * * * *

0
27. In Sec.  25.146, revise the section heading, the second sentence in 
paragraph (a)(1)(i), the heading of paragraph (a)(2), and remove 
paragraph (m).


Sec.  25.146  Licensing and operating rules for the NGSO FSS in the 
10.7-14.5 GHz bands.

    (a) * * *
    (1)(i) * * * The PFD masks shall be generated in accordance with 
the specification stipulated in the most recent version of ITU-R 
S.1503-2 (incorporated by reference, see Sec.  25.108). * * *
* * * * *
    (2) Single-entry additional operational equivalent power flux-
density, in the Earth-to-space direction, (additional operational 
EPFDup) limits. * * *
* * * * *


Sec.  25.147   [Removed and Reserved]

0
28. Remove and reserve Sec.  25.147.

0
29. In Sec.  25.151, revise the section heading and paragraphs (a)(1), 
(a)(7), and (a)(8) and add paragraphs (a)(9) through (a)(11) to read as 
follows:


Sec.  25.151   Public notice.

    (a) * * *
    (1) The receipt of applications for new station authorizations, 
except applications for space station licenses filed pursuant to Sec.  
25.110(b)(3)(i) or (ii) of this part;
* * * * *
    (7) Information that the Commission in its discretion believes to 
be of public significance;
    (8) Special environmental considerations as required by part 1 of 
this chapter;
    (9) Submission of Coordination Requests and Appendix 30B filings to 
the ITU in response to requests filed pursuant to Sec.  25.110(b)(3)(i) 
and (b)(3)(ii);
    (10) The receipt of space station application information filed 
pursuant to Sec.  25.110(b)(3)(iii); and
    (11) The receipt of notifications of non-routine transmission filed 
pursuant to Sec.  25.140(d).
* * * * *


Sec.  25.152   [Removed and Reserved]

0
30. Remove and reserve Sec.  25.152.

0
31. In Sec.  25.155, remove the word ``electrical'' in paragraph (a) 
and revise paragraphs (b) and (c) to read as follows:


Sec.  25.155   Mutually exclusive applications.

* * * * *
    (b) A license application for NGSO-like satellite operation, as 
defined in Sec.  25.157(a), will be entitled to comparative 
consideration with one or more mutually exclusive applications only if 
the application is received by the Commission in a condition acceptable 
for filing by the ``cut-off'' date specified in a public notice.
    (c) A license application for GSO-like satellite operation, as 
defined in Sec.  25.158(a)(1), will be entitled to comparative 
consideration with another application only if:
    (1) The application is mutually exclusive with another application 
for GSO-like operation; and
    (2) The application is received by the Commission in a condition 
acceptable for filing at the same millisecond as the other application.

0
32. In Sec.  25.156, remove and reserve paragraph (b) and revise 
paragraphs (d)(1) through (d)(5) to read as follows:


Sec.  25.156   Consideration of applications.

* * * * *
    (b) [Reserved]
* * * * *
    (d)(1) Applications for NGSO-like satellite operation will be 
considered pursuant to the procedures set forth in Sec.  25.157, except 
as provided in Sec.  25.157(b).
    (2) Applications for GSO-like satellite operation will be 
considered pursuant to the procedures set forth in Sec.  25.158, except 
as provided in Sec.  25.158(a)(2).
    (3) Applications for both NGSO-like satellite operation and GSO-
like satellite operation in two or more service bands will be treated 
as separate applications for each service band, and each service band 
request will be considered pursuant to Sec. Sec.  25.157 or 25.158, as 
appropriate.
    (4) Applications for feeder-link authority or inter-satellite link 
authority will be treated like an application

[[Page 55334]]

separate from its associated service band. Each feeder-link request or 
inter-satellite link request will be considered pursuant to the 
procedure for applications for GSO-like operation or NGSO-like 
operation, as applicable.
    (5) In cases where the Commission has not adopted frequency-band 
specific service rules, the Commission will not consider applications 
for NGSO-like satellite operation after it has granted an application 
for GSO-like operation in the same frequency band, and it will not 
consider applications for GSO-like operation after it has granted an 
application for NGSO-like operation in the same band, unless and until 
the Commission establishes NGSO/GSO sharing criteria for that frequency 
band. In the event that the Commission receives applications for NGSO-
like operation and applications for GSO-like operation at the same 
time, and the Commission has not adopted sharing criteria in that band, 
the Commission will divide the spectrum between GSO-like and NGSO-like 
licensees based on the proportion of qualified GSO-like and NGSO-like 
applicants.
* * * * *

0
33. In Sec.  25.157, revise the section heading, paragraphs (a), (b), 
(c) introductory text, (g)(1), and the last sentence in paragraph 
(g)(2) to read as follows:


Sec.  25.157  Consideration of applications for NGSO-like satellite 
operation.

    (a) This section specifies the procedures for considering license 
applications for ``NGSO-like'' satellite operation, except as provided 
in paragraph (b) of this section. For purposes of this section, the 
term ``NGSO-like satellite operation'' means:
    (1) Operation of any NGSO satellite system, and
    (2) Operation of a GSO MSS satellite to communicate with earth 
stations with non-directional antennas.
    (b) The procedures prescribed in this section do not apply to an 
application for authority to launch and operate a replacement space 
station, or stations, that meet the relevant criteria in Sec.  
25.165(e)(1) and (e)(2) and that will be launched before the space 
station(s) to be replaced are, or is, retired from service or within a 
reasonable time after loss of a space station during launch or due to 
premature failure in orbit.
    (c) Each application for NGSO-like satellite operation that is 
acceptable for filing under Sec.  25.112, except replacement 
applications described in paragraph (b) of this section, will be 
reviewed to determine whether it is a ``competing application,'' i.e., 
filed in response to a public notice initiating a processing round, or 
a ``lead application,'' i.e., all other applications for NGSO-like 
satellite operation.
* * * * *
    (g)(1) In the event that a license granted in a processing round 
pursuant to this section is cancelled for any reason, the Commission 
will redistribute the bandwidth allocated to that applicant equally 
among the remaining applicants whose licenses were granted concurrently 
with the cancelled license, unless the Commission determines that such 
a redistribution would not result in a sufficient number of licensees 
remaining to make reasonably efficient use of the frequency band.
    (2) * * * Parties already holding licenses for NGSO-like satellite 
operation in that frequency band will not be permitted to participate 
in that processing round.
* * * * *

0
34. In Sec.  25.158, revise the section heading, paragraphs (a), (b) 
introductory text, (b)(2), (c), and (d) introductory text to read as 
follows:


Sec.  25.158  Consideration of applications for GSO-like satellite 
operation.

    (a)(1) This section specifies the procedures for considering 
license applications for ``GSO-like'' satellite operation, except as 
provided in paragraph (a)(2) of this section. For purposes of this 
section, the term ``GSO-like satellite operation'' means operation of a 
GSO satellite to communicate with earth stations with directional 
antennas, including operation of GSO satellites to provide MSS feeder 
links.
    (2) The procedures prescribed in this section do not apply to an 
application for authority to launch and operate a replacement space 
station that meets the relevant criteria in Sec.  25.165(e)(1) and 
(e)(2) and that will be launched before the space station to be 
replaced is retired from service or within a reasonable time after loss 
of a space station during launch or due to premature failure in orbit.
    (b) Except as provided in paragraph (a)(2) of this section, license 
applications for GSO-like satellite operation, including first-step 
filings pursuant to Sec.  25.110(b)(3)(i) or (ii), will be placed in a 
queue and considered in the order that they are filed, pursuant to the 
following procedure:
* * * * *
    (2) If the application is acceptable for filing under Sec.  25.112, 
the application will be placed on public notice pursuant to Sec.  
25.151.
    (i) For applications filed pursuant to Sec.  25.110(b)(3)(i) or 
(b)(3)(ii), the public notice will announce that the Coordination 
Request or Appendix 30B filing has been submitted to the ITU. When 
further information is filed pursuant to Sec.  25.110(b)(3)(iii), it 
will be reviewed to determine whether it is substantially complete 
within the meaning of Sec.  25.112. If so, a second public notice will 
be issued pursuant to Sec.  25.151 to give interested parties an 
opportunity to file pleadings pursuant to Sec.  25.154.
    (ii) For any other license application for GSO-like satellite 
operation, the public notice will announce that the application has 
been found acceptable for filing and will give interested parties an 
opportunity to file pleadings pursuant to Sec.  25.154.
* * * * *
    (c) A license applicant for GSO-like satellite operation must not 
transfer, assign, or otherwise permit any other entity to assume its 
place in any queue.
    (d) In the event that two or more applications for GSO-like 
satellite operation are mutually exclusive within the meaning of Sec.  
25.155(c), the Commission will consider those applications pursuant to 
the following procedure:
* * * * *


Sec.  25.159  [Amended]

0
35. In Sec.  25.159, remove and reserve paragraph (a).

0
36. In Sec.  25.163, revise paragraph (a)(3) to read as follows:


Sec.  25.163  Reinstatement.

    (a) * * *
    (3) The petition sets forth with specificity the procedures that 
have been established to ensure timely filings in the future.
* * * * *

0
37. In Sec.  25.164, revise paragraphs (a) and (b), remove and reserve 
paragraphs (c) through (e), and revise paragraphs (f) and (g) to read 
as follows:


Sec.  25.164  Milestones.

    (a) The recipient of an initial license for a GSO space station, 
other than a DBS or SDARS space station, granted on or after August 27, 
2003, must launch the space station, position it in its assigned 
orbital location, and operate it in accordance with the station 
authorization no later than five years after the grant of the license, 
unless a different schedule is established by Title 47, Chapter I, or 
the Commission.
    (b) The recipient of an initial license for an NGSO satellite 
system, other than a DBS or SDARS satellite system,

[[Page 55335]]

granted on or after September 11, 2003, must launch the space stations, 
place them in the assigned orbits, and operate them in accordance with 
the station authorization no later than six years after the grant of 
the license, unless a different schedule is established by Title 47, 
Chapter I, or the Commission.
    (c)-(e) [Reserved]
    (f) A licensee subject to the requirements in paragraph (a) or (b) 
of this section must either demonstrate compliance with the applicable 
requirement or notify the Commission in writing that the requirement 
was not met, within 15 days after the specified deadline. Compliance 
with a milestone requirement in paragraph (a) or (b) of this section 
may be demonstrated by certifying pursuant to Sec.  25.121(d) that the 
space station(s) in question, has, or have, been launched and placed in 
the authorized orbital location or non-geostationary orbit(s) and that 
in-orbit operation of the space station or stations has been tested and 
found to be consistent with the terms of the authorization.
    (g) Licensees of satellite systems that include both NGSO 
satellites and GSO satellites, other than DBS and SDARS satellite 
systems, must meet the requirement in paragraph (a) of this section 
with respect to the GSO satellite(s) and the requirement in paragraph 
(b) of this section with respect to the NGSO satellites.
* * * * *

0
38. In Sec.  25.165, revise the section heading, the first sentence in 
paragraph (a) introductory text, and paragraphs (a)(1) through (a)(3), 
(c), and (e), remove and reserve paragraph (d), and add paragraphs (f) 
and (g) to read as follows:


Sec.  25.165  Surety bonds.

    (a) For all space station licenses issued after September 20, 2004, 
other than licenses for DBS space stations, SDARS space stations, and 
replacement space stations as defined in paragraph (e) of this section, 
the licensee must post a bond within 30 days of the grant of its 
license. * * *
    (1) An NGSO licensee must have on file a surety bond requiring 
payment in the event of default as defined in paragraph (c) of this 
section, in an amount, at a minimum, determined according to the 
following formula, with the resulting dollar amount rounded to the 
nearest $10,000: A = $1,000,000 + $4,000,000 * D/2192, where A is the 
amount to be paid and D is the lesser of 2192 or the number of days 
that elapsed from the date of license grant until the date when the 
license was surrendered.
    (2) A GSO licensee must have on file a surety bond requiring 
payment in the event of default as defined in paragraph (c) of this 
section, in an amount, at a minimum, determined according to the 
following formula, with the resulting dollar amount rounded to the 
nearest $10,000: A = $1,000,000 + $2,000,000 * D/1827, where A is the 
amount to be paid and D is the lesser of 1827 or the number of days 
that elapsed from the date of license grant until the date when the 
license was surrendered.
    (3) Licensees of satellite systems including both NGSO space 
stations and GSO space stations that will operate in the same frequency 
bands must file a surety bond requiring payment in the event of default 
as defined in paragraph (c) of this section, in an amount, at a 
minimum, to be determined according to the formula in paragraph (a)(1) 
of this section.
* * * * *
    (c) A licensee will be considered to be in default with respect to 
a bond filed pursuant to paragraph (a) of this section if it surrenders 
the license before meeting all milestone requirements or if it fails to 
meet any milestone deadline set forth in Sec.  25.164, and, at the time 
of milestone deadline, the licensee has not provided a sufficient basis 
for extending the milestone.
    (d) [Reserved]
    (e) A replacement space station is one that:
    (1) Is authorized to operate at an orbital location within 0.15[deg] of the assigned location of a GSO space station to be 
replaced or is authorized for NGSO operation and will replace an 
existing NGSO space station in its authorized orbit;
    (2) Is authorized to operate in the same frequency bands, and with 
the same coverage area as the space station to be replaced; and
    (3) Is scheduled to be launched so that it will be brought into use 
at approximately the same time as, but no later than, the existing 
space station is retired.
    (f) An applicant that has submitted a Coordination Request pursuant 
to Sec.  25.110(b)(3)(i) or an Appendix 30B filing pursuant to Sec.  
25.110(b)(3)(ii) must obtain a surety bond in the amount of $500,000 in 
accordance with the requirements in paragraph (b) of this section for 
licensees. The application will be returned as defective pursuant to 
Sec.  25.112 if a copy of the required bond is not filed with the 
Commission within 30 days after release of a public notice announcing 
that the Commission has submitted the Coordination Request or Appendix 
30B filing to the ITU.
    (g) An applicant will be considered to be in default with respect 
to a bond filed pursuant to paragraph (f) of this section if the 
applicant fails to submit a complete, acceptable license application 
pursuant to Sec.  25.110(b)(3)(iii) for the operation proposed in the 
initial application materials filed pursuant to Sec.  25.110(b)(3)(i) 
or (b)(3)(ii) within two years of the date of submission of the initial 
application materials.

0
39. In Sec.  25.202, revise the table and footnotes in paragraph (a)(1) 
and paragraph (g) to read as follows:


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

    (a)(1) * * *

------------------------------------------------------------------------
                                                          Earth-to-space
                  Space-to-Earth (GHz)                         (GHz)
------------------------------------------------------------------------
3.6-3.65................................................  \6\ 5.091-5.25
3.65-3.7................................................      5.85-5.925
3.7-4.2.................................................     5.925-6.425
4.5-4.8.................................................     6.425-6.525
6.7-7.025 \6\...........................................       6.525-6.7
7.025-7.075.............................................       6.7-7.025
10.7-11.7 \6\...........................................     7.025-7.075
11.7-12.2...............................................      12.7-12.75
12.2-12.7...............................................      \6\ 12.75-
                                                                   13.25
18.3-18.58..............................................        13.75-14
18.58-18.8..............................................         14-14.2
18.8-19.3...............................................       14.2-14.5
19.3-19.7...............................................      \6\ 15.43-
                                                                   15.63
19.7-20.2...............................................       17.3-17.8
37.5-40 \1\.............................................     24.75-25.05
40-42...................................................     25.05-25.25
                                                          \7\ 27.5-28.35
                                                          \2\ 28.35-28.6
                                                           \3\ 28.6-29.1
                                                          \4\ 29.1-29.25
                                                          \5\ 29.25-29.5
                                                           \2\ 29.5-30.0
                                                               47.2-50.2
------------------------------------------------------------------------
\1\ Use of this band by the FSS is limited to gateway earth station
  operations, provided the licensee under this Part obtains a license
  under part 101 of this chapter or an agreement from a part 101
  licensee for the area in which an earth station is to be located.
  Satellite earth station facilities in this band may not be
  ubiquitously deployed and may not be used to serve individual
  consumers.
\2\ This band is primary for GSO FSS and secondary for NGSO FSS.
\3\ This band is primary for NGSO FSS and secondary for GSO FSS.
\4\ This band is primary for NGSO MSS feeder links and LMDS hub-to-
  subscriber transmission.
\5\ This band is primary for NGSO MSS feeder links and GSO FSS.
\6\ Use of this band by NGSO FSS systems is limited to transmissions to
  or from gateway earth stations.
\7\ FSS is secondary to LMDS in this band.

* * * * *
    (g)(1) Telemetry, tracking, and command signals may be transmitted 
in frequencies within the assigned bands that are not at a band edge 
only if the transmissions cause no greater interference and require no 
greater protection from harmful interference

[[Page 55336]]

than the communications traffic on the satellite network or have been 
coordinated with operators of authorized co-frequency space stations at 
orbital locations within six degrees of the assigned orbital location.
    (2) Frequencies, polarization, and coding of telemetry, tracking, 
and command transmissions must be selected to minimize interference 
into other satellite networks.
* * * * *

0
40. In Sec.  25.203, add paragraph (c)(6) and revise the first sentence 
in paragraph (f), paragraph (g)(1), and paragraph (j) to read as 
follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (c) * * *
    (6) Multiple antennas in an NGSO FSS gateway earth station complex 
located within an area bounded by one second of latitude and one second 
of longitude may be regarded as a single earth station for purposes of 
coordination with terrestrial services.
* * * * *
    (f) * * * In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site at Green Bank, Pocahontas 
County, W. Va., and at the Naval Radio Research Observatory site at 
Sugar Grove, Pendleton County, W. Va., any applicant for operating 
authority under this part for a new transmit or transmit-receive earth 
station, other than a mobile or temporary fixed station, within the 
area bounded by 39[deg]15' N. on the north, 78[deg]30' W. on the east, 
37[deg]30' N. on the south and 80[deg]30' W. on the west or for 
modification of an existing license for such station to change the 
station's frequency, power, antenna height or directivity, or location 
must, when filing the application with the Commission, simultaneously 
notify the Director, National Radio Astronomy Observatory, P.O. Box No. 
2, Green Bank, W. Va. 24944, in writing, of the technical particulars 
of the proposed station. * * *
    (g) * * *
    (1) Applicants for authority to operate a new transmitting earth 
station in the vicinity of an FCC monitoring station or to modify the 
operation of a transmitting earth station in a way that would increase 
the field strength produced at such a monitoring station above that 
previously authorized should consider the possible need to protect the 
FCC stations from harmful interference. Geographic coordinates of the 
facilities that require protection are listed in Sec.  0.121(c) of this 
chapter. Applications for fixed stations that will produce field 
strength greater than 10 mV/m or power flux density greater than -65.8 
dBW/m\2\ in the authorized emission bandwidth at any of the referenced 
coordinates may be examined to determine the extent of possible 
interference. Depending on the theoretical field strength value and 
existing root-sum-square or other ambient radio field signal levels at 
the referenced coordinates, a condition to protect the monitoring 
station may be included in the station authorization.
* * * * *
    (j) Applicants for NGSO 1.6/2.4 GHz Mobile-Satellite Service/
Radiodetermination-Satellite Service feeder links in the 17.7-20.2 GHz 
and 27.5-30.0 GHz bands must coordinate with licensees of FSS and 
terrestrial-service systems sharing the band to determine geographic 
protection areas around each NGSO MSS/Radiodetermination-Satellite 
Service feeder-link earth station.
* * * * *


Sec.  25.204  [Amended]

0
41. In Sec.  25.204, remove the last sentence in paragraph (e)(1).

0
42. Revise Sec.  25.205 to read as follows:


Sec.  25.205  Minimum antenna elevation angle.

    (a) Earth station antennas must not transmit at elevation angles 
less than five degrees, measured from the horizontal plane to the 
direction of maximum radiation, in a frequency band shared with 
terrestrial radio services or in a frequency band with an allocation to 
space services operating in both the Earth-to-space and space-to-Earth 
directions. In other bands, earth station antennas must not transmit at 
elevation angles less than three degrees. In some instances, it may be 
necessary to specify greater minimum elevation angles because of 
interference considerations.
    (b) ESAAs in aircraft on the ground must not transmit at elevation 
angles less than three degrees. There is no minimum angle of antenna 
elevation for ESAAs while airborne.

0
43. In Sec.  25.209, revise paragraphs (a), (b), (c), (e), (f) and (h) 
to read as follows:


Sec.  25.209  Earth station antenna performance standards.

    (a) Except as provided in paragraph (f) of this section, the co-
polarization gain of any earth station antenna operating in the FSS and 
transmitting to a GSO satellite, including earth stations providing 
feeder links for satellite services other than FSS, may not exceed the 
following limits:
    (1) In the plane tangent to the GSO arc, as defined in Sec.  
25.103, for earth stations not operating in the conventional Ku-band, 
the 24.75-25.25 GHz band, or the 28.35-30 GHz band:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29-25log10[thgr]........................  dBi                              for 1.5[deg] <= [thgr] <= 7[deg].
8.......................................  dBi                              for 7[deg] < [thgr] <= 9.2[deg].
32-25log10[thgr]........................  dBi                              for 9.2[deg] < [thgr] <= 48[deg].
-10.....................................  dBi                              for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is the angle in degrees from a line from the earth station 
antenna to the assigned orbital location of the target satellite, and 
dBi refers to dB relative to an isotropic radiator. This envelope may 
be exceeded by up to 3 dB in 10% of the range of [thgr] angles from 
7-180[deg], and by up to 6 dB in the region of main 
reflector spillover energy.

    (2) In the plane tangent to the GSO arc, for earth stations 
operating in the conventional Ku-band:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29-25log10[thgr]........................  dBi                              for 1.5[deg] <= [thgr] <= 7[deg].
8.......................................  dBi                              for 7[deg] < [thgr] <= 9.2[deg].
32-25log10[thgr]........................  dBi                              for 9.2[deg] < [thgr] <= 19.1[deg].
0.......................................  dBi                              for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) of this 
section. This envelope may be exceeded by up to 3 dB in 10% of the 
range of [thgr] angles from 7-180[deg], and by up to 6 dB 
in the region of main reflector spillover energy.


[[Page 55337]]


    (3) In the plane tangent to the GSO arc, for earth stations 
operating in the 24.75-25.25 GHz or 28.35-30 GHz bands:


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29-25log10[thgr]........................  dBi                              for 2[deg] <= [thgr] <= 7[deg].
8.......................................  dBi                              for 7[deg] < [thgr] <= 9.2[deg].
32-25log10[thgr]........................  dBi                              for 9.2[deg] < [thgr] <= 19.1[deg].
0.......................................  dBi                              for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) of this 
section. This envelope may be exceeded by up to 3 dB in 10% of the 
range of [thgr] angles from 7-180[deg], and by up to 6 dB 
in the region of main reflector spillover energy.

    (4) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, for earth stations not operating in the conventional Ku-band, 
the 24.75-25.25 GHz band, or the 28.35-30 GHz band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32-25log10[thgr]........................  dBi                              for 3[deg] < [thgr] <= 48[deg].
-10.....................................  dBi                              for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) of this 
section. This envelope may be exceeded by up to 6 dB in 10% of the 
range of [thgr] angles from 3-180[deg], and by up to 6 dB 
in the region of main reflector spillover energy.

    (5) In the plane perpendicular to the GSO arc, for earth stations 
operating in the conventional Ku-band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32-25log10[thgr]........................  dBi                              for 3[deg] < [thgr] <= 19.1[deg].
0.......................................  dBi                              for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) of this 
section. This envelope may be exceeded by up to 6 dB in 10% of the 
range of [thgr] angles from 3-180[deg], and by up to 6 dB 
in the region of main reflector spillover energy.

    (6) In the plane perpendicular to the GSO arc, for earth stations 
operating in the 24.75-25.25 GHz or 28.35-30 GHz bands:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32-25log10[thgr]........................  dBi                              for 3.5[deg] < [thgr] <= 7[deg].
10.9....................................  dBi                              for 7[deg] < [thgr] <= 9.2[deg].
35-25log10[thgr]........................  dBi                              for 9.2[deg] < [thgr] <= 19.1[deg].
3.......................................  dBi                              for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) of this 
section. This envelope may be exceeded by up to 6 dB in 10% of the 
range of [thgr] angles from 3-180[deg], and by up to 6 dB 
in the region of main reflector spillover energy.

    (b) Except as provided in paragraph (f) of this section, the off-
axis cross-polarization gain of any antenna used for transmission from 
an FSS earth station to a GSO satellite, including earth stations 
providing feeder links for satellite services other than FSS, may not 
exceed the following limits:
    (1) In the plane tangent to the GSO arc, for earth stations not 
operating in the 24.75-25.25 GHz or 28.35-30 GHz bands:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19-25log10[thetas]......................  dBi                              for 1.8[deg] < [thetas] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thetas] and dBi are as defined in paragraph (a)(1) of this 
section.

    (2) In the plane perpendicular to the GSO arc, for earth stations 
not operating in the 24.75-25.25 GHz or 28.35-30 GHz bands:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19-25log10[thetas]......................  dBi                              for 3[deg] < [thetas] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thetas] and dBi are as defined in paragraph (a)(1) of this 
section.

    (3) In the plane tangent to the GSO arc or in the plane 
perpendicular to the GSO arc, for earth stations operating in the 
24.75-25.25 GHz or 28.35-30 GHz bands:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19-25log10[thetas]......................  dBi                              for 2[deg] < [thetas] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) of this 
section.

    (c)(1) An earth station licensed for operation with an FSS space 
station or registered for reception of transmissions from such a space 
station pursuant to

[[Page 55338]]

Sec.  25.131(b) and (d) is not entitled to protection from interference 
from authorized operation of other stations that would not cause 
harmful interference to that earth station if it were using an antenna 
with receive-band gain patterns conforming to the levels specified in 
paragraphs (a) and (b) of this section.
    (2) A 17/24 GHz BSS telemetry earth station is not entitled to 
protection from harmful interference from authorized space station 
operation that would not cause harmful interference to that earth 
station if it were using an antenna with receive-band gain patterns 
conforming to the levels specified in paragraphs (a) and (b) of this 
section. Receive-only earth stations in the 17/24 GHz BSS are entitled 
to protection from harmful interference caused by other space stations 
to the extent indicated in Sec.  25.224.
* * * * *
    (e) An earth station using asymmetrical antennas without skew angle 
adjustment capability must comply with the gain values specified in 
paragraph (a)(1) of this section, in the plane orthogonal to the to the 
main plane of the antenna, or, alternatively, in the plane 
corresponding to the maximum skew angle experienced at any location at 
which the earth station may be located.
    (f) A GSO FSS earth station with an antenna that does not conform 
to the applicable 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. This demonstration must 
comply with the requirements in Sec. Sec.  25.138, 25.218, 25.220, 
25.221, 25.222, 25.223, 25.226, or 25.227, as appropriate.
* * * * *
    (h) The gain of any transmitting antenna in a gateway earth station 
communicating with NGSO FSS satellites in the 10.7-11.7 GHz, 12.75-
13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and/or 14.4-14.5 GHz bands 
must lie below the envelope defined as follows:

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


Where [thetas] and dBi are as defined in paragraph (a)(1) of this 
section. This envelope may be exceeded by up to 3 dB in 10% of the 
range of [thetas] angles from 7-180[deg].

0
44. In Sec.  25.210, remove and reserve paragraph (a) and revise 
paragraph (i) to read as follows:


Sec.  25.210  Technical requirements for space stations.

    (a) [Reserved]
* * * * *
    (i) Space station antennas in the 17/24 GHz BSS must be designed to 
provide a cross-polarization isolation such that the ratio of the on 
axis co-polar gain to the cross-polar gain of the antenna in the 
assigned frequency band shall be at least 25 dB within its primary 
coverage area.
* * * * *

0
45. In Sec.  25.211, revise the section heading, remove and reserve 
paragraph (a) and revise paragraphs (b), (d)(2), (d)(3) and (e) to read 
as follows:


Sec.  25.211  Analog video transmissions in the FSS.

    (a) [Reserved]
    (b) All conventional C-band analog video transmissions must contain 
an energy dispersal signal at all times with a minimum peak-to-peak 
bandwidth set at whatever value is necessary to meet the power flux 
density limits specified in Sec.  25.208(a) and successfully 
coordinated internationally and accepted by adjacent U.S. satellite 
operators based on the use of state of the art space and earth station 
facilities. All transmissions in frequency bands described in Sec.  
25.208(b) and (c) must also contain an energy dispersal signal at all 
times with a minimum peak-to-peak bandwidth set at whatever value is 
necessary to meet the power flux density limits specified in Sec.  
25.208(b) and (c) and successfully coordinated internationally and 
accepted by adjacent U.S. satellite operators based on the use of state 
of the art space and earth station facilities.
* * * * *
    (d) * * *
    (2) For transmission in the 5925-6425 MHz band, the input power 
into the antenna will not exceed 26.5 dBW; or
    (3) For transmission in the 14.0-14.5 GHz band, the input power 
into the antenna will not exceed 27 dBW.
    (e) Applications for authority for analog video uplink transmission 
in the 5925-6425 MHz or 14.0-14.5 GHz bands that are not eligible for 
routine processing under paragraph (d) of this section are subject to 
the requirements of Sec.  25.220.

0
46. In Sec.  25.212, revise the section heading, paragraphs (c), (d), 
and (e) and add paragraphs (g) and (h) to read as follows:


Sec.  25.212  Narrowband analog transmissions and digital transmissions 
in the GSO FSS.

* * * * *
    (c)(1) An earth station that is not subject to licensing under 
Sec. Sec.  25.222, 25.226, or 25.227 may be routinely licensed for 
analog transmissions in the conventional Ku-band or the extended Ku-
band with bandwidths up to 200 kHz (or up to 1 MHz for command carriers 
at the band edge) if the input power spectral density into the antenna 
will not exceed -8 dBW/4 kHz, and the application includes 
certification pursuant to Sec.  25.132(a)(1) of conformance with the 
antenna gain performance requirements in Sec.  25.209(a) and (b).
    (2) An earth station that is not subject to licensing under 
Sec. Sec.  25.222, 25.226, or 25.227 may be routinely licensed for 
digital transmission, including digital video transmission, in the 
conventional Ku-band or the extended Ku-band if input power spectral 
density into the antenna will not exceed -14 dBW/4 kHz and the 
application includes certification pursuant to Sec.  25.132(a)(1) of 
conformance with the antenna gain performance requirements in Sec.  
25.209(a) and (b).
    (d) An individual earth station that is not subject to licensing 
under Sec.  25.221 may be routinely licensed for digital transmission, 
or for analog transmission with carrier bandwidths up to 200 kHz (or up 
to 1 MHz for command carriers at the band edge) in the conventional C-
band or the extended C-band, if the applicant certifies conformance 
with relevant antenna performance standards in Sec.  25.209(a) and (b), 
and power density into the antenna will not exceed +0.5 dBW/4 kHz for 
analog carriers or -2.7 dBW/4 kHz for digital carriers.
    (e) An earth station may be routinely licensed for digital 
transmission in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands if the 
input power spectral density into the antenna will not exceed 3.5 dBW/
MHz and the application includes certification pursuant to Sec.  
25.132(a)(1) of conformance with the antenna gain performance 
requirements in Sec.  25.209(a) and (b).
* * * * *
    (g) A license application for earth station operation in a network 
using variable power density control of earth

[[Page 55339]]

stations transmitting simultaneously in shared frequencies to the same 
target satellite receiving beam may be routinely processed if the 
applicant certifies that the aggregate off-axis EIRP density from all 
co-frequency earth stations transmitting simultaneously to the same 
target satellite receiving beam, not resulting from colliding data 
bursts transmitted pursuant to a contention protocol, will not exceed 
the applicable off-axis EIRP density limits permissible for a single 
earth station, as specified in Sec. Sec.  25.218 or 25.138.
    (h) Applications for authority for fixed earth station operation in 
the conventional C-band, the extended C-band, the conventional Ku-band, 
the extended Ku-band or the conventional Ka-band that do not qualify 
for routine processing under relevant criteria in this section, 
Sec. Sec.  25.211, 25.218, or 25.138, are subject to the requirements 
in Sec.  25.220.

0
47. Revise Sec.  25.218 to read as follows:


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

    (a) This section applies to applications for FSS earth stations 
transmitting to GSO space stations in the conventional C-band, extended 
C-band, conventional Ku-band, or extended Ku-band, with the following 
exceptions:
    (1) ESV, VMES, and ESAA applications and
    (2) Applications proposing transmission of analog command signals 
at a band edge with bandwidths greater than 1 MHz or transmission of 
any other type of analog signal with bandwidths greater than 200 kHz.
    (b) Earth station applications subject to this section may be 
routinely processed if they meet the applicable off-axis EIRP density 
envelopes set forth in this section.
    (c) Analog earth station operation in the conventional or extended 
C-bands.
    (1) For co-polarized transmissions in the plane tangent to the GSO 
arc, as defined in Sec.  25.103:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.5-25log10[thgr]......................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
8.5.....................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
32.5-25log10[thgr]......................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 48[deg].
-9.5....................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is the angle in degrees from a line from the earth station 
antenna to the assigned orbital location of the target satellite. The 
EIRP density levels specified for [thgr] > 7[deg] may be exceeded by up 
to 3 dB in up to 10% of the range of theta ([thgr]) angles from 7-180[deg], and by up to 6 dB in the region of main reflector 
spillover energy.
    (2) For co-polarized transmissions in the plane perpendicular to 
the GSO arc, as defined in Sec.  25.103:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32.5-25log10[thgr]......................  dBW/4 kHz                        for 3[deg] <= [thgr] <= 48[deg].
-9.5....................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thgr] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (3) For cross-polarized transmissions in the plane tangent to the 
GSO arc and in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
19.5-25log10[thgr]......................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (d) Digital earth station operation in the conventional or extended 
C-bands.
    (1) For co-polarized transmissions in the plane tangent to the GSO 
arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
26.3-25log10[thgr]......................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
5.3.....................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
29.3-25log10[thgr]......................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 48[deg].
-12.7...................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. The 
EIRP density levels specified for [thgr] > 7[deg] may be exceeded by up 
to 3 dB in up to 10% of the range of theta ([thgr]) angles from 7-180[deg], and by up to 6 dB in the region of main reflector 
spillover energy.
    (2) For co-polarized transmissions in the plane perpendicular to 
the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.3-25log10[thgr]......................  dBW/4 kHz                        for 3[deg] <= [thgr] <= 48[deg].
-12.7...................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thgr] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (3) For cross-polarized transmissions in the plane tangent to the 
GSO arc and in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
16.3-25log10[thgr]......................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


[[Page 55340]]


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (4) A license application for earth station operation in a network 
using variable power density control of earth stations transmitting 
simultaneously in shared frequencies to the same target satellite 
receiving beam may be routinely processed if the applicant certifies 
that the aggregate off-axis EIRP density from all co-frequency earth 
stations transmitting simultaneously to the same target satellite 
receiving beam, not resulting from colliding data bursts transmitted 
pursuant to a contention protocol, will not exceed the off-axis EIRP 
density limits permissible for a single earth station, as specified in 
paragraphs (d)(1) through (d)(3) of this section.
    (e) Analog earth station operation in the conventional Ku-band.
    (1) For co-polarized transmissions in the plane tangent to the GSO 
arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
21-25log10[thgr]........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
0.......................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
24-25log10[thgr]........................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 19.1[deg].
-8......................................  dBW/4 kHz                        for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. The 
EIRP density levels specified for [thgr] > 7[deg] may be exceeded by up 
to 3 dB in up to 10% of the range of theta ([thgr]) angles from 7-180[deg], and by up to 6 dB in the region of main reflector 
spillover energy.
    (2) For co-polarized transmissions in the plane perpendicular to 
the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
24-25log10[thgr]........................  dBW/4 kHz                        for 3[deg] <= [thgr] <= 19.1[deg].
-8......................................  dBW/4 kHz                        for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thgr] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (3) For cross-polarized transmissions in the plane tangent to the 
GSO arc and in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
11-25log10[thgr]........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (f) Digital earth station operation in the conventional Ku-band.
    (1) For co-polarized transmissions in the plane tangent to the GSO 
arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-25log10[thgr]........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
-6......................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
18-25log10[thgr]........................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 19.1[deg].
-14.....................................  dBW/4 kHz                        for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. The 
EIRP density levels specified for [thgr] > 7[deg] may be exceeded by up 
to 3 dB in up to 10% of the range of theta ([thgr]) angles from 7-180[deg], and by up to 6 dB in the region of main reflector 
spillover energy.
    (2) For co-polarized transmissions in the plane perpendicular to 
the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-25log10[thgr]........................  dBW/4 kHz                        for 3[deg] <= [thgr] <= 19.1[deg].
-14.....................................  dBW/4 kHz                        for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thgr] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (3) For cross-polarized transmissions in the plane tangent to the 
GSO arc and in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
5-25log10[thgr].........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (4) A license application for earth station operation in a network 
using variable power density control of earth stations transmitting 
simultaneously in shared frequencies to the same target satellite 
receiving beam may be routinely processed if the applicant certifies 
that the aggregate off-axis EIRP density from all co-frequency earth 
stations transmitting simultaneously to the same target satellite 
receiving beam, not resulting from colliding data bursts transmitted 
pursuant to a contention protocol, will not exceed the off-axis EIRP 
density limits permissible for a single earth station, as specified in 
paragraphs (f)(1) through -(f)(3) of this section.
    (g) Analog earth station operation in the extended Ku-band.
    (1) For co-polarized transmissions in the plane tangent to the GSO 
arc:

[[Page 55341]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
21-25log10[thgr]........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
0.......................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
24-25log10[thgr]........................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 48[deg].
-18.....................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section, and N 
is as defined in paragraph (d)(1) of this section. The EIRP density 
levels specified for [thgr] > 7[deg] may be exceeded by up to 3 dB in 
up to 10% of the range of theta ([thgr]) angles from 7-
180[deg], and by up to 6 dB in the region of main reflector spillover 
energy.
    (2) For co-polarized transmissions in the plane perpendicular to 
the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
24-25log10[thgr]........................  dBW/4 kHz                        for 3[deg] <= [thgr] <= 48[deg].
-18.....................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thgr] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (3) For cross-polarized transmissions in the plane tangent to the 
GSO arc and in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
11-25log10[thgr]........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (h) Digital earth station operation in the extended Ku-band.
    (1) For co-polarized transmissions in the plane tangent to the GSO 
arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-25log10[thgr]........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
-6......................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
18-25log10[thgr]........................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 48[deg].
-24.....................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. The 
EIRP density levels specified for [thgr] > 7[deg] may be exceeded by up 
to 3 dB in up to 10% of the range of theta ([thgr]) angles from 7-180[deg], and by up to 6 dB in the region of main reflector 
spillover energy.
    (2) For co-polarized transmissions in the plane perpendicular to 
the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-25log10[thgr]........................  dBW/4 kHz                        for 3[deg] <= [thgr] <= 48[deg].
-24.....................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 85[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thgr] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (3) For cross-polarized transmissions in the plane tangent to the 
GSO arc and in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
5-25log10[thgr].........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (c)(1) of this section.
    (4) A license application for earth station operation in a network 
using variable power density control of earth stations transmitting 
simultaneously in shared frequencies to the same target satellite 
receiving beam may be routinely processed if the applicant certifies 
that the aggregate off-axis EIRP density from all co-frequency earth 
stations transmitting simultaneously to the same target satellite 
receiving beam, not resulting from colliding data bursts transmitted 
pursuant to a contention protocol, will not exceed the off-axis EIRP 
density limits permissible for a single earth station, as specified in 
paragraphs (h)(1) through (h)(3) of this section.
    (i) Applications for authority for fixed earth station operation in 
the 5925-6425 MHz or 14.0-14.5 GHz band that do not qualify for routine 
processing under relevant criteria in this section, Sec. Sec.  25.211 
or 25.212 are subject to the requirements in Sec.  25.220.

0
48. In Sec.  25.220, revise the section heading and paragraphs (a) and 
(b), remove and reserve paragraph (d)(1)(i), and revise paragraph 
(d)(2) to read as follows:


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

    (a) The requirements in this section apply to applications for, and 
operation of, earth stations transmitting in the conventional or 
extended C-bands, the conventional or extended Ku-bands, or the 
conventional Ka-band that do not qualify for routine licensing under 
relevant criteria in Sec. Sec.  25.138, 25.211, 25.212, 25.218, 
25.221(a)(1) or (a)(3), 25.222(a)(1) or (a)(3), 25.226(a)(1) or (a)(3), 
or 25.227(a)(1) or (a)(3).
    (b) Applications filed pursuant to this section must include the 
information required by Sec.  25.115(g)(1).
* * * * *
    (d)(1) * * *

[[Page 55342]]

    (i) [Reserved]
* * * * *
    (2) Unless the non-routine uplink transmission levels are permitted 
under a coordination agreement with the space station operator, or 
unless coordination with the operator is not required pursuant to Sec.  
25.140(d)(3) or (d)(4), the operator of an earth station licensed 
pursuant to this section must reduce its transmitted EIRP density to 
levels at or within relevant routine limits:
    (i) Toward the part of the geostationary orbit arc within one 
degree of a subsequently launched, two-degree-compliant space station 
receiving in the same uplink band at an orbital location within six 
degrees of the earth station's target satellite, and
    (ii) Toward a two-degree-compliant space station receiving in the 
same uplink band at an orbital location more than six degrees away from 
the target satellite if co-frequency reception by the space station is 
adversely affected by the non-routine earth station transmission 
levels.
* * * * *

0
49. In Sec.  25.221, revise the section heading, paragraphs (a)(1)(i), 
(a)(2), (a)(3), (b) introductory text, and (b)(1) introductory text, 
remove and reserve paragraphs (b)(1)(i) and (ii), and revise paragraphs 
(b)(2) and (3) to read as follows:


Sec.  25.221  Blanket licensing provisions for ESVs operating with GSO 
FSS space stations in the 3700-4200 MHz and 5925-6425 MHz bands.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) Off-axis EIRP spectral density emitted in the plane tangent to 
the GSO arc, as defined in Sec.  25.103, shall not exceed the following 
values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
26.3-25log[thgr]........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
5.3.....................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
29.3-25log[thgr]........................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 48[deg].
-12.7...................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where theta ([thgr]) is the angle in degrees from a line from the earth 
station antenna to the assigned orbital location of the target 
satellite. The EIRP density levels specified for [thgr] > 7[deg] may be 
exceeded by up to 3 dB in up to 10% of the range of theta ([thgr]) 
angles from 7-180[deg], and by up to 6 dB in the region of 
main reflector spillover energy.

    (B) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, EIRP spectral density of co-polarized signals shall not exceed 
the following values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
29.3-25log[thgr]........................  dBW/4 kHz                        for 3.0[deg] <= [thgr] <= 48[deg].
-12.7...................................  dBW/4 kHz                        for 48[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1)(i)(A) of this section. 
These EIRP density levels may be exceeded by up to 6 dB in the region 
of main reflector spillover energy and in up to 10% of the range of 
[thgr] angles not included in that region, on each side of the line 
from the earth station to the target satellite.

    (C) The off-axis EIRP spectral-density of cross-polarized signals 
shall not exceed the following values in the plane tangent to the GSO 
arc or in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
16.3-25log[thgr]........................  dBW/4 kHz                        for 1.8[deg] <= [thgr] <= 7.0[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1)(i)(A) of this section.

* * * * *
    (2) The following requirements apply to ESV systems that operate 
with off-axis EIRP spectral-densities in excess of the levels in 
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted 
based on certifications filed pursuant to paragraph (b)(2) of this 
section.
    (i) An ESV or ESV system licensed based on certifications filed 
pursuant to paragraph (b)(2) of this section must operate in accordance 
with the off-axis EIRP density specifications provided to the target 
satellite operator in order to obtain the certifications.
    (ii) Any ESV transmitter operating under a license granted based on 
certifications filed pursuant to paragraph (b)(2) of this section must 
be self-monitoring and capable of shutting itself off and must cease or 
reduce emissions within 100 milliseconds after generating off-axis 
EIRP-density in excess of the specifications supplied to the target 
satellite operator.
    (iii) A system with variable power control of individual ESV 
transmitters must monitor the aggregate off-axis EIRP density from 
simultaneously transmitting ESV transmitters at the system's network 
control and monitoring center. If simultaneous operation of two or more 
ESV transmitters causes aggregate off-axis EIRP density to exceed the 
off-axis EIRP-density specifications supplied to the target satellite 
operator, the network control and monitoring center must command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications, and the transmitters must 
comply within 100 milliseconds of receiving the command.
    (3) The following requirements apply to an ESV system that uses 
variable power control of individual earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
unless the ESV system operates pursuant to paragraph (a)(2) of this 
section.
    (i) Aggregate EIRP density from co-frequency earth stations in each 
target satellite receiving beam, not resulting from colliding data 
bursts transmitted pursuant to a contention protocol, will not exceed 
the limits defined in paragraph (a)(1)(i) of this section.
    (ii) Each ESV transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) Aggregate power density from simultaneously transmitting ESV 
transmitters must be monitored at the system's network control and 
monitoring center. If simultaneous operation of two or more ESV 
transmitters causes aggregate off-axis EIRP density to exceed the off-
axis EIRP

[[Page 55343]]

density limit in paragraph (a)(3)(i) of this section, the network 
control and monitoring center must command those transmitters to cease 
emissions or reduce the aggregate EIRP density to a level at or below 
that limit, and those transmitters must comply within 100 milliseconds 
of receiving the command.
* * * * *
    (b) Applications for ESV operation in the 5925-6425 MHz (Earth-to-
space) band to GSO satellites in the FSS must include, in addition to 
the particulars of operation identified on FCC Form 312, and associated 
Schedule B, applicable technical demonstrations or certifications 
pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this section and the 
documentation identified in paragraphs (b)(4) through (b)(6) of this 
section.
    (1) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). An applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(A) of this section must also 
provide the certifications identified in paragraph (b)(1)(iii) of this 
section. An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section must also provide the 
demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i)-(ii) [Reserved]
* * * * *
    (2) An applicant proposing to operate with off-axis EIRP density in 
excess of the levels specified in paragraph (a)(1)(i) or (a)(3)(i) of 
this section must provide the following in exhibits to its earth 
station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1):
    (ii) The certifications required by Sec.  25.220(d);
    (iii) A detailed showing that each ESV transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator;
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes the aggregate off-axis 
EIRP density to exceed the off-axis EIRP density specifications 
supplied to the target satellite operator, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below those 
specifications; and that those transmitters will comply within 100 
milliseconds of receiving the command; and
    (v) A certification that the ESV system will operate in compliance 
with the power limits in Sec.  25.204(h).
    (3) An applicant proposing to implement an ESV system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) A detailed showing that each ESV terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section;
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes aggregate off-axis 
EIRP density to exceed the off-axis EIRP density limit in paragraph 
(a)(3)(i) of this section, the network control and monitoring center 
will command those transmitters to cease emissions or reduce the 
aggregate EIRP density to a level at or below that limit; and that 
those transmitters will comply within 100 milliseconds of receiving the 
command; and
    (v) Certification that the ESV system will operate in compliance 
with the power limits in Sec.  25.204(h).
* * * * *

0
50. In Sec.  25.222, revise the section heading, paragraphs (a)(1)(i), 
(a)(2), and (a)(3), revise paragraph (b) introductory text and 
paragraph (b)(1) introductory text, remove and reserve paragraphs 
(b)(1)(i) and (ii), and revise paragraphs (b)(2) and (3) to read as 
follows:


Sec.  25.222  Blanket licensing provisions for ESVs operating with GSO 
FSS space stations in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 
GHz, and 14.0-14.5 GHz bands.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) Off-axis EIRP spectral density emitted in the plane tangent to 
the GSO arc, as defined in Sec.  25.103, shall not exceed the following 
values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-25log[thgr]..........................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
-6......................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
18-25log[thgr]..........................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 19.1[deg].
-14.....................................  dBW/4kHz                         for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where theta ([thgr]) is the angle in degrees from a line from the earth 
station antenna to the assigned orbital location of the target 
satellite. The EIRP density levels specified for [thgr] > 7[deg] may be 
exceeded by up to 3 dB in up to 10% of the range of theta ([thgr]) 
angles from 7-180[deg], and by up to 6 dB in the region of 
main reflector spillover energy.
    (B) The off-axis EIRP density of co-polarized signals shall not 
exceed the following values in the plane perpendicular to the GSO arc, 
as defined in Sec.  25.103:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-25log[thgr]..........................  dBW/4 kHz                        for 3.0[deg] <= [thgr] <= 19.1[deg].
-14.....................................  dBW/4kHz                         for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1)(i)(A) of this section. 
These EIRP density levels may be exceeded by up to 6 dB in the region 
of main reflector spillover energy and in up to 10% of the range of 
[thgr] angles not included in that region, on each side of the line 
from the earth station to the target satellite.
    (C) The off-axis EIRP density of cross-polarized signals shall not 
exceed the following values in the plane tangent to the GSO arc or in 
the plane perpendicular to the GSO arc:

[[Page 55344]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
5-25log[thgr]...........................  dBW/4 kHz                        for 1.8[deg] <= [thgr] <= 7.0[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1)(i)(A) of this section.
* * * * *
    (2) The following requirements apply to ESV systems that operate 
with off-axis EIRP spectral-densities in excess of the levels in 
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted 
based on certifications filed pursuant to paragraph (b)(2) of this 
section.
    (i) An ESV or ESV system licensed based on certifications filed 
pursuant to paragraph (b)(2) of this section must operate in accordance 
with the off-axis EIRP density specifications provided to the target 
satellite operator in order to obtain the certifications.
    (ii) Any ESV transmitter operating under a license granted based on 
certifications filed pursuant to paragraph (b)(2) of this section must 
be self-monitoring and capable of shutting itself off and must cease or 
reduce emissions within 100 milliseconds after generating off-axis 
EIRP-density in excess of the specifications supplied to the target 
satellite operator.
    (iii) A system with variable power control of individual ESV 
transmitters must monitor the aggregate off-axis EIRP density from 
simultaneously transmitting ESV transmitters at the system's network 
control and monitoring center. If simultaneous operation of two or more 
ESV transmitters causes aggregate off-axis EIRP density to exceed the 
off-axis EIRP-density specifications supplied to the target satellite 
operator, the network control and monitoring center must command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications, and the transmitters must 
comply within 100 milliseconds of receiving the command.
    (3) The following requirements apply to an ESV system that uses 
variable power control of individual earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
unless the ESV system operates pursuant to paragraph (a)(2) of this 
section.
    (i) Aggregate EIRP density from co-frequency earth stations in each 
target satellite receiving beam, not resulting from colliding data 
bursts transmitted pursuant to a contention protocol, will not exceed 
the limits defined in paragraph (a)(1)(i) of this section.
    (ii) Each ESV transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) Aggregate power density from simultaneously transmitting ESV 
transmitters must be monitored at the system's network control and 
monitoring center. If simultaneous operation of two or more ESV 
transmitters causes aggregate off-axis EIRP density to exceed the off-
axis EIRP density limit in paragraph (a)(3)(i) of this section, the 
network control and monitoring center must command those transmitters 
to cease emissions or reduce the aggregate EIRP density to a level at 
or below that limit, and those transmitters must comply within 100 
milliseconds of receiving the command.
* * * * *
    (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the FSS must include, in addition to 
the particulars of operation identified on FCC Form 312, and associated 
Schedule B, applicable technical demonstrations or certifications 
pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this section and the 
documentation identified in paragraphs (b)(4) through (6) of this 
section.
    (1) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). An applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(A) of this section must also 
provide the certifications identified in paragraph (b)(1)(iii) of this 
section. An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section must also provide the 
demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i)-(ii) [Reserved]
* * * * *
    (2) An applicant proposing to operate with off-axis EIRP density in 
excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this 
section must provide the following in exhibits to its earth station 
application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) The certifications required by Sec.  25.220(d);
    (iii) A detailed showing that each ESV transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes the aggregate off-axis 
EIRP density to exceed the off-axis EIRP density specifications 
supplied to the target satellite operator, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below those 
specifications; and that those transmitters will comply within 100 
milliseconds of receiving the command.
    (3) An applicant proposing to implement an ESV system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) a detailed showing that each ESV terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes aggregate off-axis 
EIRP density to exceed the off-axis EIRP density limit in paragraph 
(a)(3)(i) of this section, the network control and monitoring center 
will command those transmitters to cease emissions or reduce the 
aggregate EIRP density to a level at or below that limit; and that 
those transmitters will comply within 100 milliseconds of receiving the 
command.
* * * * *

0
51. In Sec.  25.223, revise paragraphs (b), (c), and (d) to read as 
follows:


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

* * * * *

[[Page 55345]]

    (b) Applications for earth station licenses in the 24.75-25.25 GHz 
portion of 17/24 GHz BSS may be routinely processed if they meet the 
following requirements:
    (1) The EIRP density of co-polarized signals will not exceed the 
following values in the plane tangent to the GSO arc, as defined in 
Sec.  25.103, under clear sky conditions:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32.5-25log([thetas])....................  dBW/MHz                          for 2[deg] <= [thetas] <= 7[deg].
11.4....................................  dBW/MHz                          for 7[deg] <= [thetas] <= 9.2[deg].
35.5-25log([thetas])....................  dBW/MHz                          for 9.2[deg] <= [thetas] <=
                                                                            19.1[deg].
3.5.....................................  dBW/MHz                          for 19.1[deg] <= [thetas] <=
                                                                            180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thetas] is the angle in degrees from a line from the earth 
station antenna to the assigned orbital location of the target 
satellite.
    (2) The EIRP density of co-polarized signals will not exceed the 
following values under clear sky conditions in the plane perpendicular 
to the GSO arc, as defined in Sec.  25.103:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
35.5-25log([thetas])....................  dBW/MHz                          for 2[deg] <= [thetas] <= 7[deg].
14.4....................................  dBW/MHz                          for 7[deg] <= [thetas] <= 9.2[deg].
38.5-25log([thetas])....................  dBW/MHz                          for 9.2[deg] <= [thetas] <=
                                                                            19.1[deg].
6.5.....................................  dBW/MHz                          for 19.1[deg] <= [thetas] <=
                                                                            180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (b)(1) of this section.

    (3) The EIRP density levels specified in paragraphs (a)(1) and (2) 
of this section may be exceeded by up to 3 dB for values of [thetas] > 
7[deg], in 10% of the range of theta ([thetas]) angles from 7[deg]-
180[deg] on each side of the line from the earth station to the target 
satellite.
    (4) The EIRP density of cross-polarized signals will not exceed the 
following values in the plane tangent to the GSO arc or in the plane 
perpendicular to the GSO arc, under clear sky conditions:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
22.5-25log([thetas])....................  dBW/MHz                          for 2[deg] <= [thetas] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (b)(1) of this section.

    (c) An applicant proposing levels in excess of those specified in 
paragraph (b) of this section must certify that potentially affected 
parties acknowledge and do not object to the use of the applicant's 
higher EIRP densities.
    (1) For proposed non-conforming EIRP density levels up to 3 dB in 
excess of the limits defined in paragraph (b) of this section, 
potentially affected parties are operators of co-frequency U.S.-
authorized 17/24 GHz BSS space stations at angular separations of up to 
6[deg] from the proposed satellite points of communication. 
For proposed EIRP density levels more than 3 dB but not more than 6 dB 
in excess of the limits defined in paragraph (b) of this section, 
potentially affected parties are operators of co-frequency U.S.-
authorized space stations up to 10[deg] from the proposed 
satellite points of communication.
    (2) Notwithstanding paragraph (c)(1) of this section, an applicant 
need not certify that the operator of a co-frequency space station 
consents to proposed non-conforming operation if EIRP density from the 
proposed earth station will not exceed the levels specified in 
paragraph (b) toward any position in the geostationary arc within one 
degree of the assigned orbital location of the co-frequency space 
station.
    (3) Power density levels more than 6 dB in excess of the limits 
defined in paragraph (b) of this section will not be permitted.
    (d)(1) The operator of an earth station licensed pursuant to 
paragraph (c) of this section will bear the burden of coordinating with 
the operator of a co-frequency space station subsequently licensed by 
the Commission for operation at an orbital location 10[deg] or less 
from the earth station's target satellite if the co-frequency space 
station's reception of conforming uplink transmissions is, or would be, 
adversely affected by the earth station's non-conforming operation. If 
no agreement is reached, the earth station operator must reduce EIRP 
density toward that co-frequency space station to a level in 
conformance with the envelopes specified in paragraph (b) of this 
section.
    (2) The operator of an earth station licensed pursuant to paragraph 
(c)(1) or (c)(2) of this section must reduce EIRP density to levels at 
or within those specified in paragraph (b) toward a U.S.-licensed space 
station receiving in the same uplink band at an angular separation from 
the earth station's target satellite greater than is required in 
paragraph (c)(1) of this section, if the co-frequency space station's 
reception of conforming uplink transmissions is adversely affected by 
the non-conforming earth station operation, unless the non-conforming 
operation is permitted under a coordination agreement with the operator 
of the co-frequency space station.

0
52. In Sec.  25.226, revise the section heading, paragraphs (a)(1)(i), 
(a)(2), and (a)(3), (b) introductory text, and (b)(1) introductory 
text, remove and reserve paragraphs (b)(1)(i) and (ii), and revise 
paragraphs (b)(2) and (b)(3) to read as follows:


Sec.  25.226  Blanket licensing provisions for domestic, U.S. VMESs 
operating with GSO FSS space stations in the 10.95-11.2 GHz, 11.45-11.7 
GHz, 11.7-12.2 GHz, and 14.0-14.5 GHz bands.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) Off-axis EIRP spectral density emitted in the plane tangent to 
the GSO arc, as defined in Sec.  25.103, shall not exceed the following 
values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-25log[thetas]........................  dBW/4 kHz                        for 1.5[deg] <= [thetas] <= 7[deg].
-6......................................  dBW/4 kHz                        for 7[deg] < [thetas] <= 9.2[deg].

[[Page 55346]]

 
18-25log[thetas]........................  dBW/4 kHz                        for 9.2[deg] < [thetas] <= 19.1[deg].
-14.....................................  dBW/4 kHz                        for 19.1[deg] < [thetas] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where theta ([thetas]) is the angle in degrees from a line from the 
earth station antenna to the assigned orbital location of the target 
satellite. The EIRP density levels specified for [thetas] > 7[deg] may 
be exceeded by up to 3 dB in up to 10% of the range of theta ([thetas]) 
angles from 7-180[deg], and by up to 6 dB in the region of 
main reflector spillover energy.

    (B) The off-axis EIRP spectral density of co-polarized signals 
shall not exceed the following values in the plane perpendicular to the 
GSO arc, as defined in Sec.  25.103:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-25log[thetas]........................  dBW/4 kHz                        for 3.0[deg] <= [thetas] <=
                                                                            19.1[deg].
-14.....................................  dBW/4 kHz                        for 19.1[deg] < [thetas] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (a)(1)(i)(A) of this section. 
These EIRP density levels may be exceeded by up to 6 dB in the region 
of main reflector spillover energy and in up to 10% of the range of 
[thetas] angles not included in that region, on each side of the line 
from the earth station to the target satellite.

    (C) The EIRP density of cross-polarized signals shall not exceed 
the following values in the plane tangent to the GSO arc or in the 
plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
5-25log[thetas].........................  dBW/4 kHz                        for 1.8[deg] <= [thetas] <= 7.0[deg].
----------------------------------------------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (a)(1)(i)(A) of this section.

* * * * *
    (2) The following requirements apply to VMES systems that operate 
with off-axis EIRP spectral-densities in excess of the levels in 
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted 
based on certifications filed pursuant to paragraph (b)(2) of this 
section.
    (i) A VMES or VMES system licensed based on certifications filed 
pursuant to paragraph (b)(2) of this section must operate in accordance 
with the off-axis EIRP density specifications provided to the target 
satellite operator in order to obtain the certifications.
    (ii) Any VMES transmitter operating under a license granted based 
on certifications filed pursuant to paragraph (b)(2) of this section 
must be self-monitoring and capable of shutting itself off and must 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP-density in excess of the specifications supplied to the 
target satellite operator.
    (iii) A system with variable power control of individual VMES 
transmitters must monitor the aggregate off-axis EIRP density from 
simultaneously transmitting VMES transmitters at the system's network 
control and monitoring center. If simultaneous operation of two or more 
VMES transmitters causes aggregate off-axis EIRP density to exceed the 
off-axis EIRP density specifications supplied to the target satellite 
operator, the network control and monitoring center must command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications and the transmitters must 
comply within 100 milliseconds of receiving the command.
    (3) The following requirements apply to a VMES system that uses 
variable power control of individual VMES earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
unless the system operates pursuant to paragraph (a)(2) of this 
section.
    (i) Aggregate EIRP density from co-frequency earth stations in each 
target satellite receiving beam, not resulting from colliding data 
bursts transmitted pursuant to a contention protocol, will not exceed 
the limits defined in paragraph (a)(1)(i) of this section.
    (ii) Each VMES transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) Aggregate power density from simultaneously transmitting VMES 
transmitters must be monitored at the system's network control and 
monitoring center. If simultaneous operation of two or more 
transmitters in a VMES network causes aggregate off-axis EIRP density 
to exceed the off-axis EIRP density limit in paragraph (a)(3)(i) of 
this section, the network control and monitoring center must command 
those transmitters to cease emissions or reduce the aggregate EIRP 
density to a level at or below that limit, and those transmitters must 
comply within 100 milliseconds of receiving the command.
* * * * *
    (b) Applications for VMES operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the FSS must include, in addition to 
the particulars of operation identified on FCC Form 312, and associated 
Schedule B, applicable technical demonstrations pursuant to paragraph 
(b)(1), (b)(2), or (b)(3) of this section and the documentation 
identified in paragraphs (b)(4) through (b)(8) of this section.
    (1) A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). An applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(A) of this section must also 
provide the certifications identified in paragraph (b)(1)(iii) of this 
section. An applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section must also provide the 
demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i)-(ii) [Reserved]
* * * * *
    (2) An applicant proposing to operate with off-axis EIRP density in 
excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this 
section must provide the following in exhibits to its earth station 
application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) The certifications required by Sec.  25.220(d);
    (iii) A detailed showing that each VMES transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting VMES

[[Page 55347]]

transmitters will be monitored at the system's network control and 
monitoring center; that if simultaneous operation of two or more VMES 
transmitters causes the aggregate off-axis EIRP density to exceed the 
off-axis EIRP density specifications supplied to the target satellite 
operator, the network control and monitoring center will command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications; and that those transmitters 
will comply within 100 milliseconds of receiving the command.
    (3) An applicant proposing to implement a VMES system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) A detailed showing that each VMES terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more transmitters in the VMES network causes 
aggregate off-axis EIRP density to exceed the off-axis EIRP density 
limit in paragraph (a)(3)(i) of this section, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below that limit; 
and that those transmitters will comply within 100 milliseconds of 
receiving the command.
* * * * *

0
53. In Sec.  25.227, revise the section heading, paragraphs (a)(1)(i), 
(a)(2), (a)(3), (b) introductory text, and (b)(1) introductory text, 
remove and reserve paragraphs (b)(1)(i) and (ii), and revise paragraphs 
(b)(2) and (b)(3) to read as follows:


Sec.  25.227  Blanket licensing provisions for ESAAs operating with GSO 
FSS space stations in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 
GHz, and 14.0-14.5 GHz bands.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) EIRP spectral density emitted in the plane tangent to the GSO 
arc, as defined in Sec.  25.103, must not exceed the following values:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
15-25 log10[thgr].......................  dBW/4 kHz                        for 1.5[deg] <= [thgr] <= 7[deg].
-6......................................  dBW/4 kHz                        for 7[deg] < [thgr] <= 9.2[deg].
18-25 log10[thgr].......................  dBW/4 kHz                        for 9.2[deg] < [thgr] <= 19.1[deg].
-14.....................................  dBW/4 kHz                        for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where theta ([thgr]) is the angle in degrees from a line from the earth 
station antenna to the assigned orbital location of the target 
satellite. The EIRP density levels specified for [thgr] > 7[deg] may be 
exceeded by up to 3 dB in up to 10% of the range of theta ([thgr]) 
angles from 7-180[deg], and by up to 6 dB in the region of 
main reflector spillover energy.

    (B) The EIRP spectral density of co-polarized signals must not 
exceed the following values in the plane perpendicular to the GSO arc, 
as defined in Sec.  25.103:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
18-25 log[thgr].........................  dBW/4 kHz                        for 3.0[deg] <= [thgr] <= 19.1[deg].
-14.....................................  dBW/4 kHz                        for 19.1[deg] < [thgr] <= 180[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1)(i)(A) of this section. 
These EIRP density levels may be exceeded by up to 6 dB in the region 
of main reflector spillover energy and in up to 10% of the range of 
[thgr] angles not included in that region, on each side of the line 
from the earth station to the target satellite.

    (C) The off-axis EIRP spectral-density of cross-polarized signals 
must not exceed the following values in the plane tangent to the GSO 
arc or in the plane perpendicular to the GSO arc:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
5-25 log10[thgr]........................  dBW/4 kHz                        for 1.8[deg] < [thgr] <= 7[deg].
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1)(i)(A) of this section.
* * * * *
    (2) The following requirements apply to ESAA systems that operate 
with off-axis EIRP spectral-densities in excess of the levels in 
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted 
based on certifications filed pursuant to paragraph (b)(2) of this 
section.
    (i) An ESAA or ESAA system licensed based on certifications filed 
pursuant to paragraph (b)(2) of this section must operate in accordance 
with the off-axis EIRP density specifications provided to the target 
satellite operator in order to obtain the certifications.
    (ii) Any ESAA transmitter operating under a license granted based 
on certifications filed pursuant to paragraph (b)(2) of this section 
must be self-monitoring and capable of shutting itself off and must 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP-density in excess of the specifications supplied to the 
target satellite operator.
    (iii) A system with variable power control of individual ESAA 
transmitters must monitor the aggregate off-axis EIRP density from 
simultaneously transmitting ESAA transmitters at the system's network 
control and monitoring center. If simultaneous operation of two or more 
ESAA transmitters causes aggregate off-axis EIRP density to exceed the 
off-axis EIRP density specifications supplied to the target satellite 
operator, the network control and monitoring center must command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications, and the transmitters must 
comply within 100 milliseconds of receiving the command.
    (3) The following requirements apply to an ESAA system that uses 
variable power-density control of individual ESAA earth stations 
transmitting simultaneously in the same frequencies

[[Page 55348]]

to the same target satellite, unless the system operates pursuant to 
paragraph (a)(2) of this section.
    (i) Aggregate EIRP density from co-frequency earth stations in each 
target satellite receiving beam, not resulting from colliding data 
bursts transmitted pursuant to a contention protocol, will not exceed 
the limits specified in paragraph (a)(1)(i) of this section.
    (ii) Each ESAA transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) A system with variable power control of individual ESAA 
transmitters must monitor aggregate power density from simultaneously 
transmitting ESAA transmitters at the network control and monitoring 
center. If simultaneous operation of two or more transmitters causes 
aggregate off-axis EIRP density to exceed the off-axis EIRP density 
limit in paragraph (a)(3)(i) of this section, the network control and 
monitoring center must command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below that limit, 
and those transmitters must comply within 100 milliseconds of receiving 
the command.
* * * * *
    (b) Applications for ESAA operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the FSS shall include, in addition to 
the particulars of operation identified on FCC Form 312, and associated 
Schedule B, the applicable technical demonstrations in paragraphs 
(b)(1), (b)(2), or (b)(3), and the documentation identified in 
paragraphs (b)(4) through (b)(8) of this section.
    (1) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). An applicant proposing to implement a 
transmitter under paragraph (a)(1)(ii)(A) of this section must also 
provide the certifications identified in paragraph (b)(1)(iii) of this 
section. An applicant proposing to implement a transmitter under 
paragraph (a)(1)(ii)(B) of this section must also provide the 
demonstrations identified in paragraph (b)(1)(iv) of this section.
    (i)-(ii) [Reserved]
* * * * *
    (2) An ESAA applicant proposing to operate with off-axis EIRP 
density in excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of 
this section must provide the following in exhibits to its earth 
station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) The certifications required by Sec.  25.220(d); and
    (iii) A detailed showing that each ESAA transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESAA transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESAA transmitters causes the aggregate off-
axis EIRP density to exceed the off-axis EIRP density specifications 
supplied to the target satellite operator, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below those 
specifications; and that those transmitters will comply within 100 
milliseconds of receiving the command.
    (3) An applicant proposing to implement an ESAA system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) A detailed showing that each ESAA terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESAA transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more transmitters in the ESAA network causes 
aggregate off-axis EIRP density to exceed the off-axis density limit in 
paragraph (a)(3)(i) of this section, the network control and monitoring 
center will command those transmitters to cease emissions or reduce the 
aggregate EIRP density to a level at or below that limit; and that 
those transmitters will comply within 100 milliseconds of receiving the 
command.
* * * * *

0
54. In Sec.  25.257, revise the section heading and the second sentence 
in paragraph (e) to read as follows:


Sec.  25.257  Special requirements for NGSO MSS operations in the 29.1-
29.25 GHz band regarding LMDS.

* * * * *
    (e) * * * In this regard, any single NGSO MSS operator may identify 
only one feeder-link earth station complex protection zone in each 
category identified in Sec.  101.147(y)(2) of this chapter until the 
other NGSO MSS operator has been given an opportunity to select a 
location from the same category.

0
55. In Sec.  25.258, revise the section heading and the first sentence 
in paragraph (b) to read as follows:


Sec.  25.258  Sharing between NGSO MSS feeder-link stations and GSO FSS 
services in the 29.25-29.5 GHz band.

* * * * *
    (b) Licensed GSO FSS earth stations in the vicinity of operational 
NGSO MSS feeder-link earth station complexes must, to the maximum 
extent possible, operate with frequency/polarization selections that 
will minimize unacceptable interference with reception of GSO FSS and 
NGSO MSS uplink transmissions in the 29.25-29.5 GHz band. * * *
* * * * *


Sec.  25.264  [Amended]

0
56. Amend Sec.  25.264 as follows:
0
a. Revise the section heading;
0
b. Revise paragraph (a) introductory text and paragraph (a)(5);
0
c. Add paragraph (a)(6);
0
d. Revise paragraph (b) introductory text;
0
e. Revise the second sentence in paragraph (b)(1), paragraph 
(b)(2)(ii), the first sentence in paragraph (b)(3);
0
f. Revise the first sentence in paragraph (c);
0
g. Revise (d) introductory text, and the first two sentences in 
paragraph (d)(1)(ii); and
0
h. Add paragraph (b)(4).


Sec.  25.264  Requirements to facilitate reverse-band operation in the 
17.3-17.8 GHz band of 17/24 GHz BSS and DBS Service space stations.

    (a) Each 17/24 GHz BSS space station applicant or licensee must 
submit a series of tables or graphs containing predicted off-axis gain 
data for each antenna that will transmit in the 17.3-17.8 GHz frequency 
band, in accordance with the following specifications. Using a 
Cartesian coordinate system wherein the X axis is tangent to the 
geostationary orbital arc with the positive direction pointing east, 
i.e., in the direction of

[[Page 55349]]

travel of the satellite; the Y axis is parallel to a line passing 
through the geographic north and south poles of the Earth, with the 
positive direction pointing south; and the Z axis passes through the 
satellite and the center of the Earth, with the positive direction 
pointing toward the Earth, the applicant or licensee must provide the 
predicted transmitting antenna off-axis antenna gain information:
* * * * *
    (5) Over a greater angular measurement range, if necessary, to 
account for any planned spacecraft orientation bias or change in 
operating orientation relative to the reference coordinate system. The 
applicant or licensee must state the reasons for including such 
additional information.
    (6) The predictive gain information must be submitted to the 
Commission when a license application is filed for a 17/24 GHz BSS 
space station or within 60 days after completion of critical design 
review for the space station, whichever occurs later.
    (b) A 17/24 GHz BSS space station applicant or licensee must submit 
power flux density (pfd) calculations based on the predicted gain data 
submitted in accordance with paragraph (a) of this section, as follows:
    (1) * * * In this rule, the term prior-filed U.S. DBS space station 
refers to any co-frequency Direct Broadcast Satellite service space 
station for which an application was filed with the Commission, or an 
authorization was granted by the Commission, prior to the filing of the 
information and certifications required by paragraphs (a) and (b) of 
this section. * * *
    (2) * * *
    (ii) Indicate the extent to which the calculated pfd of the 17/24 
GHz space station's transmissions in the 17.3-17.8 GHz band exceed the 
threshold pfd level of -117 dBW/m\2\/100 kHz at those prior-filed U.S. 
DBS space station locations.
    (3) If the calculated pfd exceeds the threshold level of -117 dBW/
m\2\/100 kHz at the location of any prior-filed U.S. DBS space station, 
the applicant or licensee must also provide with the pfd calculations a 
certification that all affected DBS operators acknowledge and do not 
object to such higher off-axis pfd levels. * * *
    (4) The information and any certification required by paragraph (b) 
of this section must be submitted to the Commission when a license 
application is filed for a 17/24 GHz BSS space station or within 60 
days after completion of critical design review for the space station, 
whichever occurs later. Otherwise, such information and certifications 
must be submitted to the Commission within 24 months after the grant of 
an operating license for a 17/24 GHz BSS space station or when the 
applicant or licensee certifies completion of critical design review, 
whichever occurs first.
    (c) No later than 2 months prior to launch, each 17/24 GHz BSS 
space station licensee must update the predicted transmitting antenna 
off-axis gain information provided in accordance with paragraph (a) of 
this section by submitting measured transmitting antenna off-axis gain 
information over the angular ranges, measurement frequencies and 
polarizations specified in paragraphs (a)(1) through (5) of this 
section. * * *
    (d) No later than 2 months prior to launch, or when applying for 
authority to change the location of a 17/24 GHz BSS space station that 
is already in orbit, each 17/24 GHz BSS space station licensee must 
provide pfd calculations based on the measured off-axis gain data 
submitted in accordance with paragraph (c) of this section, as follows:
    (1) * * *
    (ii) At the location of any subsequently filed U.S. DBS space 
station where the pfd level in the 17.3-17.8 GHz band calculated on the 
basis of measured gain data exceeds -117 dBW/m\2\/100 kHz. In this 
rule, the term subsequently filed U.S. DBS space station refers to any 
co-frequency Direct Broadcast Satellite service space station proposed 
in a license application filed with the Commission after the 17/24 GHz 
BSS operator submitted the predicted data required by paragraphs (a) 
through (b) of this section but before submission of the measured data 
required by this paragraph. * * *
* * * * *

0
57. In Sec.  25.271, revise paragraph (c)(5) and add paragraph (g) to 
read as follows:


Sec.  25.271  Control of transmitting stations.

* * * * *
    (c) * * *
    (5) Operators of blanket-licensed GSO FSS earth station networks 
that provide international service must maintain a control point within 
the United States, or maintain a point of contact within the United 
States available 24 hours a day, 7 days a week, with the ability to 
shut off any earth station within the network immediately upon 
notification of harmful interference.
* * * * *
    (g) Licensees of transmitting earth stations 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
58. In Sec.  25.275, add paragraph (e) to read as follows:


Sec.  25.275  Particulars of operation.

* * * * *
    (e) Transmission from an earth station of an unmodulated carrier at 
a power level sufficient to saturate a satellite transponder is 
prohibited, except as consented to by the space station licensee to 
determine transponder performance characteristics.

0
59. In Sec.  25.283, revise paragraph (c) to read as follows:


Sec.  25.283  End-of-life disposal.

* * * * *
    (c) All space stations. Upon completion of any relocation 
authorized by paragraph (b) of this section, or any relocation at end-
of-life specified in an authorization, or upon a spacecraft otherwise 
completing its authorized mission, a space station licensee shall 
ensure, unless prevented by technical failures beyond its control, that 
stored energy sources on board the satellite are discharged, by venting 
excess propellant, discharging batteries, relieving pressure vessels, 
or other appropriate measures.
* * * * *

0
60. Add Sec.  25.288 to read as follows:


Sec.  25.288  Obligation to remedy interference caused by NGSO MSS 
feeder downlinks in the 6700-6875 MHz band.

    If an NGSO MSS satellite transmitting in the 6700-6875 MHz band 
causes harmful interference to previously licensed co-frequency Public 
Safety facilities, the satellite operator has an obligation to remedy 
the interference.

[FR Doc. 2016-14800 Filed 8-17-16; 8:45 am]
 BILLING CODE 6712-01-P