[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Proposed Rules]
[Pages 67172-67201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26434]



[[Page 67171]]

Vol. 77

Thursday,

No. 217

November 8, 2012

Part III





Federal Communications Commission





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47 CFR Part 25





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

  Federal Register / Vol. 77 , No. 217 / Thursday, November 8, 2012 / 
Proposed Rules  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 12-267; FCC 12-117]


Comprehensive Review of Licensing and Operating Rules for 
Satellite Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission initiates a comprehensive 
review of its rules governing licensing and operation of space stations 
and earth stations. The proposed amendments are designed to reflect 
evolving technology, eliminate unnecessary technical and information 
filing requirements for applicants, and reorganize and simplify 
existing requirements. Collectively, the changes proposed in this 
document will streamline our regulations, facilitating more rapid 
deployment of services to the public, greater investment, and new 
innovations in satellite services.

DATES: Comments are due on or before December 24, 2012 and reply 
comments are due on or before January 22, 2013

ADDRESSES: You may submit comment, identified by [docket number and/or 
rulemaking number], by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http:///
www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.

For detail instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: William Bell (202) 418-0741, Satellite 
Division, International Bureau, Federal Communications Commission, 
Washington, DC 20554. For additional information concerning the 
information collection(s) contained in this document, contact Judith B. 
Herman at 202-418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in IB Docket No. 12-267, adopted 
September 28, 2012 and released on September 28, 2012. The full text of 
this document is available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This 
document may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, 
facsimile 202-488-5563, or via email [email protected].

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains proposed revised information collection 
requirements. As part of its continuing effort to reduce paperwork 
burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3501-3520), the Commission invites the general public and other 
Federal agencies to comment on the following information collection(s). 
Public and agency comments are due January 7, 2013. Comments should 
address: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 
on how we might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''

Summary of Notice of Proposed Rulemaking

I. Introduction

    1. As part of our ongoing efforts to update and streamline 
regulatory requirements, the Commission today initiates a comprehensive 
review of Part 25 of our rules, which governs licensing and operation 
of space stations and earth stations. The amendments we propose in this 
NPRM modernize the rules to better reflect evolving technology and 
reorganize and simplify existing requirements. Furthermore, the changes 
will remove unnecessary filing requirements for applicants requesting 
space and earth station licenses, allowing applicants and licensees to 
save time, effort, and costs in preparing applications. Other changes 
are designed to remove unnecessary technical restrictions, enabling 
applicants to submit fewer waiver requests, which will ease 
administrative burdens in submitting and processing applications and 
reduce the amount of time spent on applications by applicants, 
licensees, and the Commission.

II. Discussion

    2. Part 25 of the Commission's rules is organized in the following 
manner: Subpart A contains general rules relating to scope and 
definitions; Subpart B contains rules relating to application filing 
requirements and licensing procedures; Subpart C provides technical 
standards for licensing earth and space stations; Subpart D contains 
rules governing earth and space station operations. In this NPRM, we 
propose to make revisions in each of these subparts. In the following 
discussion, we first address revisions that encompass more than one 
rule section. We then discuss proposed changes to specific rules in the 
order in which the rules appear in Part 25.

A. Definitions

    3. There are two rule sections in Part 25 captioned 
``Definitions:'' Sections 25.103 and 25.201. We propose to consolidate 
all Part 25 definitions into Sec.  25.103, reserving Sec.  25.201 for 
other use.
    4. We propose amending the definition of Direct Broadcast Satellite 
(DBS) Service to include the specific frequencies in which this service 
operates, to recognize that DBS operators may transmit signals intended 
for reception by subscribers, and to make clear that the term does not 
apply to space stations operating in this band in Europe and Asia, 
where the frequency allocations are different.
    5. We proposed amending the definition of ``Permitted Space Station 
List'' (Permitted List) that currently appears in Sec.  25.201 to 
provide more detail on the scope of authority granted when the 
Permitted List is authorized as a point of communication in a Fixed-
Satellite Service (FSS) earth station license. The Permitted List 
includes all U.S.-licensed geostationary-orbit space stations providing 
FSS in the conventional C- and Ku-bands, as well as non-U.S.-licensed 
geostationary-orbit

[[Page 67173]]

space stations approved for U.S. market access to provide FSS in the 
conventional C- and Ku-bands.
    6. We also propose to add a definition of ``Ka-band Space Station 
Permitted List,'' (Ka-band Permitted List) to provide detail on the 
scope of authority granted when the Ka-band Permitted List is 
authorized as a point of communication in an FSS earth station license. 
The Commission's Ka-band Permitted List includes all U.S.-licensed 
geostationary-orbit space stations providing FSS in the 20/30 GHz band, 
as well as those non-U.S.-licensed geostationary-orbit space stations 
approved for U.S. market access to provide FSS in the 20/30 GHz band.
    7. We propose to amend the definition of ``routine processing or 
licensing'' to reflect that our rules allow for routine processing of 
earth station applications in bands other than the conventional C- and 
Ku-bands. The proposed definition also cross-references the rules 
providing for routine processing of FSS earth stations and omits out-
of-date and inaccurate text.
    8. If we adopt the definitions proposed above, we seek comment on 
whether we should discontinue using the term ``ALSAT'' as a point of 
communication in earth station licenses and as a synonym for routinely 
licensed FSS earth stations in favor of the defined terms above.
    9. We propose to define ``12/14 GHz band'' and ``20/30 GHz band,'' 
which are not currently defined, by specifying the frequency bands to 
which they refer. We also propose to replace the term ``L-band,'' which 
appears in various rules in Part 25, with the term ``1.5/1.6 MHz MSS 
bands.''
    10. We propose to delete the definition of ``frequency assignment'' 
in Sec.  25.214(a)(2) since the meaning of the term is self-evident. We 
also propose to specify the frequencies allocated for the Satellite 
Digital Audio Radio Service (SDARS) in Sec.  25.214(c)(1), which allows 
us to delete Sec.  25.214(c).
    11. We propose to delete the definitions of ``ambulatory'' and 
``low-tide elevation,'' in Sec.  25.201. These terms are not used in 
Part 25, other than in the definition section. We also propose to 
remove the existing definition of ``baseline'' from Sec.  25.201 and 
instead define ``baseline'' in Sec.  25.221, which prescribes rules for 
blanket licensing of C-band earth stations on vessels.
    12. We propose to add a definition of ``shapeable antenna beams'' 
in Sec.  25.103. We propose to use this term in Sec.  25.114, as 
explained below. Further, we propose to insert a word in the definition 
of ``geostationary satellite'' to conform to the definition of that 
term in Sec.  2.1 and to correct typographic errors in the mathematical 
formula in the definition of ``equivalent power flux-density.'' We also 
propose to revise the definition of ``coordination distance'' to 
conform to the definition of that term in Sec.  2.1.
    13. Finally, we propose to delete unnecessary words from several 
definitions, including the definitions of ancillary terrestrial 
component, ancillary terrestrial component base station, ancillary 
terrestrial component mobile terminal, earth stations on vessel, 
equivalent power flux density, NGSO FSS gateway earth station, selected 
assignment, and vehicle-mounted earth station. Eliminating these words 
will have no effect on current authorizations.

B. Reporting Requirements

1. Annual Reports
    14. We propose to consolidate annual reporting requirements, which 
are currently dispersed in several sections of Part 25, into a new 
rule, Sec.  25.170, under a new subheading in Subpart B, ``Reporting 
Requirements for Space Station Licensees.'' We also propose to make the 
reporting requirements more consistent among the various satellite 
services and to establish a uniform due date for filing such reports. 
The general annual reporting rule that we propose to adopt would apply 
to the operators of all space stations licensed under Part 25. Further, 
we propose to clarify in the new rule that operators granted U.S. 
market access for non-U.S.-licensed space stations are required to file 
annual reports for those space stations.
    15. Proposed Sec.  25.170 would require U.S.-licensed space station 
operators, or operators granted U.S. market access, to report annually 
on June 30: (1) The status of space station construction and 
anticipated launch date, including any major problems or delays 
encountered; (2) identification of any space station(s) not available 
for service or otherwise not performing to specifications, any spectrum 
that the space station is unable to use, the cause(s) of these 
difficulties, and the date any space station was taken out of service 
or the malfunction identified; and (3) a current listing of a U.S. 
point(s) of contact for resolution of interference problems and 
emergency response. At the same time, we propose to delete service-
specific reporting requirements that are either duplicative of, or are 
at a level of detail inconsistent with, the reporting requirements we 
propose here. We seek comment on any rule language necessary to ensure 
that duplicative reports are not filed for the same satellite, and 
whether there are specialized satellite services, such as remote 
sensing satellites, for which reporting may not be necessary.
    16. Section 4.9(c) of the Commission's rules requires operators of 
space stations that carry common-carrier voice or paging communications 
to report outages of 30 minutes or longer to the Commission within 
deadlines triggered by discovery. We propose to eliminate the 
requirement that operators also list outages of more than 30 minutes in 
duration in their annual reports because the requirement is redundant 
insofar as it applies to outages that must be reported under Sec.  
4.9(c) and because we see no need to require temporary outages not 
subject to Sec.  4.9(c) to be listed in annual reports.
2. Contact Information Reporting Requirements
    17. We propose to move the requirements of Sec.  25.272(b) for 
providing points of contact to a new Sec.  25.171 under the new 
subheading, ``Reporting Requirements for Space Station Licensees.'' We 
also propose to condense the text of the requirement and to require 
operators to update the point of contact information provided under 
Sec.  25.170(c) within 10 business days of any change.
3. Space Station Control Arrangements
    18. Section 25.114(c)(9) requires space station applicants to 
include information pertaining to TT&C arrangements in Schedule S of 
FCC Form 312, which includes data fields for specifying a call sign, 
street address, and phone number for each earth station performing TT&C 
functions. We propose to modify this requirement for several reasons. 
We think that it is unnecessary to require space station operators to 
specify a street address and phone number for each TT&C station. More 
generally, space station applicants often do not have concrete plans 
for TT&C sites at the time when they file their applications. Requiring 
a space station applicant to specify a TT&C location that is later 
changed requires the filing of a subsequent license modification 
application that is otherwise unnecessary. We therefore propose to 
delete the requirement to submit this information in space station 
applications. Instead, we propose to require such TT&C information to 
be submitted after the issuance of space station licenses. To this end, 
we propose to add new Sec.  25.172. This rule would require space 
station operators, including operators of non-U.S.-licensed space 
stations granted U.S. market access, to submit the following 
information before commencing

[[Page 67174]]

commercial operations in the United States: (1) The point of contact 
information required by proposed Sec.  25.170(c); (2) the call signs of 
TT&C earth station(s) located in the United States; and (3) the city 
and country of any earth station located outside the United States 
providing TT&C functions for the satellite(s) in question. We propose 
to require operators already providing U.S. service to submit the 
information within 30 days of Sec.  25.172's effective date. The 
proposed rule would require operators to file this information 
electronically through IBFS and to file an update within 10 days if any 
of this information changes, unless the change is temporary.
4. Results of In-Orbit Testing
    19. Section 25.210(k) requires space station operators to measure 
the co-polarized and cross-polarized performance of all space station 
antennas during preliminary in-orbit testing and submit the measurement 
data to the Commission within 30 days after completing the testing. We 
propose to amend this provision to require operators to submit the data 
only upon request from the Commission. We propose to remove the amended 
provision from Sec.  25.210(k) and insert it in a new section, Sec.  
25.173, under the proposed subheading for reporting requirements. We 
also propose to add a provision in Sec.  25.173 to require space 
station licensees to notify the Commission at the conclusion of in-
orbit testing whether a space station's measured performance is within 
authorized limits and whether the space station is capable of using its 
assigned frequencies.

C. Mobile Terminals Aboard Aircraft

    20. Several rules in Part 25 prohibit use of MSS earth station 
transceivers or Ancillary Terrestrial Component (ATC) mobile terminals 
aboard civil aircraft because on-board operation of these devices could 
interfere with aircraft radionavigation. Sections 25.136(a) and 
25.143(k) prohibit operation of 1.6/2.4 GHz and 2 GHz MSS earth station 
transceivers or ATC terminals aboard civil aircraft unless the device 
``has a direct physical connection to the aircraft cabin or cockpit 
communication system.'' Section 25.135(b) prohibits operation of Non-
Voice, Non-Geostationary (NVNG) mobile transceivers aboard civil 
aircraft if they are capable of radiating in the 108-137 MHz frequency 
band. Associated rule provisions require ``handheld or portable'' NVNG 
transceivers capable of radiating in the 108-137 MHz band and handheld 
or portable 1.6/2.4 GHz and 2 GHz MSS or ATC transceivers to be labeled 
with a warning that these devices must not be operated on board civil 
aircraft. There is an identical warning label requirement in Section 
25.136(h) for handheld or portable 1.5/1.6 GHz transceivers.
    21. We propose to replace these various band-specific use 
restrictions and labeling requirements with a uniform aircraft use 
restriction and associated warning label requirement that would apply 
to all portable transceivers licensed under Part 25. We propose to 
insert the consolidated rule in a new section, Sec.  25.285, in Subpart 
D (Technical Operation). We also propose a change in the scope of the 
use restriction. The provision exempting transceivers with ``a direct 
physical connection to the aircraft cabin or cockpit communication 
system'' may be too narrow. We propose to revise the exception to cover 
devices that have been installed in aircraft in a manner approved by 
the FAA or are used with the consent of the pilot. Further, we propose 
to make it clear that the warning label requirement does not apply to 
devices that are too large or too heavy to be brought aboard as carry-
on luggage or otherwise cannot feasibly be operated by passengers in 
aircraft cabins. Finally, we propose to amend the consolidated rule to 
apply to transmit-only devices (e.g., Globalstar ``SPOT'' terminals) as 
well as transceivers.

D. Milestone Rules

    22. The Commission codified standard milestone implementation 
requirements in 2003 for space station licensees in all satellite 
services, except for DBS and SDARS, in Sec.  25.164 . The rule requires 
space station licensees to submit, on or before the respective 
milestone deadlines, information demonstrating compliance with the 
implementation milestones for contracting for satellite construction, 
completing critical design review (CDR), and commencing physical 
construction. Section 25.164 does not include, however, a provision 
requiring a licensee to demonstrate compliance with the ``launch and 
operate'' milestone for geostationary systems or the ``launch and 
operate the first satellite'' or ``bring [all satellites] into 
operation'' milestones for non-geostationary systems. We propose to add 
a new paragraph in Sec.  25.164 providing that licensees must, on or 
before an applicable deadline for launch or commencement of operation, 
either certify compliance with the milestone requirement or advise the 
Commission that the requirement has not been met.
    23. We further propose to add a sentence in Sec.  25.164(a)(4) to 
clarify that licensees can demonstrate compliance with a launch/operate 
milestone requirement by certifying that the space station has been 
launched and placed in its authorized orbital location or non-
geostationary orbit and that its in-orbit operation has been tested and 
found to be consistent with the terms of the authorization.
    24. For the CDR and commence physical construction milestones, 
Sec.  25.164 simply requires space station licensees to submit 
``information * * * sufficient to demonstrate'' compliance. We invite 
comment on whether we should provide greater specificity in the rules 
concerning the evidence appropriate for demonstrating compliance with 
the CDR and commence physical construction milestones. We propose to 
delete obsolete provisions in Sec. Sec.  25.164(c), (d), and (e) that 
exempt licensees of satellite systems licensed prior to September 11, 
2003 from the milestone requirements for contracting for satellite 
construction, completing CDR, and commencing physical construction. 
Similarly, we propose to delete an obsolete provision in Sec.  
25.164(g) that exempts systems licensed prior to September 20, 2004 
from the milestone requirement for hybrid systems. Finally, we propose 
to delete service-specific milestone provisions in other sections of 
Part 25 that are redundant and/or inconsistent with the current or 
proposed provisions in Sec.  25.164.

E. Form 312EZ and the Autogrant Procedure

    25. In public notices released in 1999 and 2000, the Commission 
announced an ``autogrant'' procedure for ``routine'' license 
applications for FSS earth stations that would operate in the 
conventional C-band (i.e., the 3700-4200 MHz downlink band and the 
5925-6425 MHz uplink band) or conventional Ku-band (11.7-12.2 GHz 
downlink and 14.0-14.5 GHz uplink). Applications eligible for the 
autogrant procedure would be deemed to be granted 35 days after the 
date they appear on public notice as accepted for filing, provided no 
objection was filed during the 30-day notice period.
    26. In a rulemaking order released in 2003, the Commission adopted 
a simplified application form, Form 312EZ, to be used for earth station 
applications eligible for autogrant processing. Rules pertaining to use 
of Form 312EZ are set forth in Sec.  25.115(a)(2), but these provisions 
do not fully specify the eligibility criteria or mention the autogrant 
procedure. In

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the interest of improving transparency, we propose to amend Sec.  
25.115(a)(2) to codify the autogrant procedure and list all eligibility 
criteria. We also propose to amend an existing provision in Sec.  
25.115(a)(2) that precludes use of Form 312EZ to apply for ESV or VMES 
licenses to additionally preclude use of that form to apply for 
licenses for aircraft earth stations. Further, we propose to codify a 
practice of permitting applicants to apply for only one transmitting 
antenna on Form 312EZ. Finally, we invite comment on adding a further 
eligibility criterion pertaining to FAA notification.
    27. When it adopted Form 312EZ, the Commission did not make the 
form available to applicants proposing earth stations that would 
operate in the 20/30 GHz frequency bands because it was considering 
certain revisions of the 20/30 GHz FSS service rules. Those issues have 
been resolved, and 20/30 GHz GSO FSS earth stations are eligible for 
routine processing under Sec.  25.138(a). We tentatively conclude that 
Sec.  25.115 should be changed to extend Form 312EZ and autogrant 
eligibility to routine applications for individual 20/30 GHz earth 
stations that would communicate via geostationary satellites previously 
coordinated with Federal government systems pursuant to Footnote US334.
    28. Section 25.115(a)(3) provides that if Form 312EZ ``is not 
available,'' an applicant for a transmitting earth station that would 
otherwise be required to use that form must use Form 312, Main Form and 
Schedule B, instead. We believe that if our proposal to fully specify 
the eligibility criteria for using Form 312EZ is adopted, this 
provision will no longer be needed, and therefore, we propose to delete 
it.

F. Rain Fade Compensation

    29. The Commission's rules allow earth station operators to 
increase the power of uplink transmissions above otherwise applicable 
limits to overcome ``rain fade,'' i.e., attenuation of transmitted 
signals due to the scattering effect of precipitation in the 
atmosphere. Most, but not all, of the rain fade compensation provisions 
are set forth in Sec.  25.204. Some of these provisions are redundant 
or contradictory. In addition, Sec.  25.138(a)(5) contains a more 
complex rain fade compensation allowance for earth stations 
transmitting in the 28.35-28.6 GHz or 29.25-30.0 GHz band.
    30. We propose a number of revisions to these provisions. First, we 
propose to amend the current rain fade compensation rule in Sec.  
25.204(e) to apply only to uplink transmissions in the 14.0-14.5 GHz 
band. This change would be consistent with the Commission's intent when 
it adopted that provision and would eliminate conflict with other 
provisions prescribing rain fade allowances for earth stations 
transmitting in other frequency bands above 10 GHz. Second, we propose 
to move the rain fade rule for 20/30 GHz earth stations in Sec.  
25.138(a)(5) and the rain fade rule for 17/24 GHz BSS feeder-link 
stations in Sec.  25.204(g) to Sec.  25.204(e). Third, we propose to 
eliminate the rain fade provision for 20/30 GHz earth stations in Sec.  
25.204(g), which is redundant with respect to the rule that we propose 
to move from Sec.  25.138(a)(5) and is unduly restrictive in making 
rain fade compensation mandatory. As a result of these proposed 
changes, the rain fade compensation rules now interspersed throughout 
Part 25 would be contained in Sec.  25.204(e). In addition to those 
changes, we propose to include text in the rain fade rule for Ku-band 
stations in Sec.  25.204(e)(1) to make clear that it applies to earth 
stations that have been routinely licensed based on conformance with 
input power limits specified in Sec.  Sec.  25.134, 25.211, or 25.212.
    31. Moreover, we invite comment on adopting a rule allowing earth 
stations transmitting in frequencies above 10 GHz, that are not subject 
to any of the foregoing rain fade rules, to increase uplink power to 
the extent needed to close communication links, provided that no 
harmful interference results.

G. Other Proposed Changes to Subpart B--Applications and Licenses

    32. Subpart B of Part 25 includes rules relating to filing 
applications and licensing procedures. As discussed below, we propose 
to make several substantive changes to the information requirements for 
space and earth station applications. In addition, we propose other 
non-substantive changes that remove redundant or unnecessary language, 
and clarify potentially confusing text.
1. Section 25.111 ``Additional Information''
    33. Section 25.111(b) prescribes requirements pertaining to 
international coordination procedures for U.S.-licensed space stations. 
The first sentence states that ``applicants, permittees, and licensees 
of radio stations governed by this part shall provide the Commission 
with all information it requires for the Advance Publication, 
Coordination, and Notification of frequency assignments pursuant to the 
International Radio Regulations.'' We propose to add that the required 
information includes ``due diligence'' information. We also propose to 
change the phrase ``international Radio Regulations'' to ``Radio 
Regulations of the International Telecommunication Union.'' We also 
propose to correct a grammatical error in the next sentence in Sec.  
25.111(b) and to insert the word ``such'' in the third sentence of 
Sec.  25.111(b), which would then read: ``Any radio station for which 
such coordination has not been completed may be subject to additional 
terms and conditions * * *.''
    34. Since 2002, the ITU has assessed cost recovery fees for 
processing information filings for space networks. The International 
Bureau issued a Public Notice in 2001 announcing that an applicant, 
licensee, or other party on whose behalf the International Bureau 
submits filings to the ITU will be responsible for timely payment of 
these fees. The Public Notice also stated that such parties will be 
required to certify that they accept this obligation. We propose to add 
a new rule, Sec.  25.111(d), that would codify this policy. The rule 
would state that the Commission will submit the information required by 
Sec. Sec.  25.111(b) or (c) to the ITU only after the applicant or 
licensee has filed a signed declaration that it unconditionally accepts 
all resultant ITU cost-recovery responsibility, referencing the call 
sign and international name of the satellite(s) in question and 
including contact information. The rule would also require the party in 
interest to update the contact information as necessary. Finally, the 
rule would require the party in interest to remit payment of any cost-
recovery fee by the due date specified in the ITU invoice and would 
state that a license granted in reliance on such a declaration, and 
disposition of any future or pending Part 25 application from the same 
party, will be contingent upon discharge of any such payment 
obligation.
2. Section 25.112 ``Defective Applications''
    35. Pursuant to the first-come, first-served licensing framework, 
the Commission places applications for new satellites at new orbital 
locations and market access requests for non-U.S.-licensed satellites 
at new orbital locations in a processing ``queue,'' and considers them 
in the order in which they are filed. In certain circumstances, we make 
an orbital location available by announcing that a filing window will 
open at a specific date and time. In these situations, operators often 
file multiple, identical applications just

[[Page 67176]]

before and after the filing window opens in an attempt to attain first-
in-line processing status. The rules do not currently include any 
provision for dismissing duplicative applications filed after a filing 
window has opened. We propose to amend Sec.  25.112(a), which specifies 
grounds for dismissing applications, to provide for dismissal of 
duplicative applications in a processing queue. Thus, we would maintain 
on file the first application or market access request filed by a 
company after the filing window opens and dismiss any duplicative 
applications and market access requests subsequently filed by the same 
party.
3. Section 25.113 ``Station Licenses and Launch Authority''
    36. Section 25.113(a) states that applicants for earth station 
licenses must comply with the provisions of Sec.  1.1312 of the 
Commission's rules regarding environmental impact, prior to beginning 
construction. We propose to amend this rule to add that earth station 
applicants must also comply with requirements in Part 17 of the 
Commission's rules pertaining to construction, marking, and lighting of 
antenna structures. We also propose to insert similar provisions in 
Sec.  25.113(b) pertaining to construction of ATC base stations.
    37. Sections 25.113(c) and (e) require applications for new earth 
stations or for earth station modifications involving alteration of the 
overall height of one or more existing antenna structures to include an 
FCC Antenna Structure Registration Number for the antenna structure, if 
assigned. If no such number has been assigned, Sec.  25.113(e) requires 
the applicant to state whether prior FAA notification is required by 
Part 17 of the Commission's rules and, if so, whether the applicant or 
owner of the structure has notified the FAA of the proposed 
construction or alteration and applied for an Antenna Structure 
Registration Number. Applicants who maintain that prior FAA 
notification is not required for construction or alteration of a 
structure with overall height more than 6.1 meters above ground level 
must explain in the application why such prior notification is not 
required. These requirements are also found in Sec.  25.130(e), which 
applies specifically to license applications for transmitting earth 
stations. We propose to move these rule provisions from Sec.  25.113 to 
Sec.  25.115, which contains general requirements for earth station 
licensing, and delete the duplicative provisions in Sec.  25.130(e). We 
also propose to revise the text of these provisions to make them more 
succinct.
    38. Section 25.113(d) states that owners of earth station antenna 
structures must comply with painting, marking, and lighting 
requirements in Part 17 of the Commission's rules and that if the 
structure is owned by a party other than the station licensee, the 
``licensee or permittee'' will be held responsible for compliance with 
such requirements in the event of default by the owner. Because these 
are operating requirements rather than licensing rules, we propose to 
remove them from Section 25.113, which is in Subpart B (Applications 
and Licenses) and reinsert them in a new section, Section 25.286, in 
Part 25, Subpart D (Technical Operations). We also propose to delete 
the words ``or permittee'' from this provision because the Commission 
does not issue separate permits for earth station construction.
    39. Section 25.113(f) states that construction permits are not 
required for U.S.-licensed space stations. This statement is overly 
broad in that it does not recognize that Sec.  319(d) of the 
Communications Act requires construction permits for broadcasting 
stations. As defined in the Communications Act, ``broadcasting'' means 
``dissemination of radio communications intended to be received by the 
public, directly or by the intermediary of relay stations.'' Service 
provided only to paying subscribers is not deemed to be broadcast 
service for purposes of the Act, however. While no space stations 
currently licensed by the Commission operate as broadcast stations, an 
applicant could seek authority to do so. In view of this, we propose to 
amend the first sentence in Sec.  25.113(f) to state that construction 
permits are not required for U.S.-licensed space stations, unless they 
are authorized to disseminate radio communications to the public at 
large.
    40. Section 25.113(h) states that licensees of non-geostationary-
orbit (NGSO) satellite systems need not apply separately for authority 
to operate--i.e., place into active service--technically identical in-
orbit spare satellites previously authorized by a blanket space station 
license. This provision requires the licensee to notify the Commission 
that it has activated an in-orbit spare within 30 days of the 
activation. It also requires the licensee to certify that the activated 
spare did not increase the number of operating satellites in the 
licensee's system above the maximum number authorized by the license 
and will be operated within the terms and conditions of the license. 
Section 25.113(h) requires the licensee to file the notification and 
certification electronically on FCC Form 312. Sections 25.143(d) and 
25.146(n) similarly provide that 1.6/2.4 GHz MSS, 2 GHz MSS, and 12/14 
GHz NGSO FSS licensees may activate technically identical in-orbit 
spares without applying for additional authority, provided that they 
notify the Commission and certify that the authorized number of 
operating space stations has not been exceeded. Unlike Sec.  25.113(h), 
however, Sec. Sec.  25.143(d) and 25.146(n) require the licensee to 
file the notification and certification within 10 days and do not 
require the licensee to submit the filing on Form 312. To resolve these 
discrepancies, we propose to amend Sec.  25.113(h) to require the 
notification and certification to be filed within 10 days and to 
eliminate the requirement to submit such filings on Form 312. We also 
propose to remove and reserve Sec.  25.143(d) and to delete Sec.  
25.146(n) as redundant. We invite comment as to whether we should amend 
Sec.  25.113(h) to require the licensee to certify that it has tested 
the activated in-orbit spare and that its operations conform with the 
license terms.
4. Section 25.114 ``Applications for Space Station Authorizations''
    41. Section 25.114 prescribes content requirements for space 
station applications. We propose to amend various provisions of this 
section to eliminate obsolete or otherwise unnecessary requirements. We 
also propose to add several new requirements to Sec.  25.114 addressing 
radio frequency interference characteristics and orbital parameters of 
space stations and revise this section's organization.
a. Section 25.114(a)
    42. Section 25.114(a) states that a comprehensive proposal shall be 
submitted for each proposed space station on FCC Form 312, Main Form 
and Schedule S, together with attached exhibits required by Sec.  
25.114(d). We propose to amend Sec.  25.114(a) to clarify that a space 
station application can be submitted either for a single space station 
or for a non-geostationary satellite constellation. In connection with 
this proposed change, we propose to delete Sec.  25.114(e), which 
states that a single application may be filed for a constellation of 
technically identical non-geostationary-orbit space stations. The 
provision that we propose to add in Sec.  25.114(a) would not preclude 
an applicant from requesting blanket authority for a constellation of 
non-geostationary space stations that are not technically identical.

[[Page 67177]]

b. Section 25.114(c)
    43. Section 25.114(c) contains a list of the types of information 
that space station applicants must provide in the FCC Form 312 (Main 
Form and Schedule S). Section 25.114(c)(4) requires applicants to 
specify various technical parameters pertaining to the characteristics 
of proposed space stations and the properties of the radio frequency 
emissions they would transmit and receive. The first of these 
provisions, Sec.  25.114(c)(4)(i), requires the applicant to specify 
``[r]adio frequencies and polarization plan (including beacon, 
telemetry, and telecommand functions), center frequency, and 
polarization of transponders (both receiving and transmitting 
frequencies).'' The ITU now assesses interference separately for 
uplinks and downlinks since current satellite designs are more complex 
with variable transponder sizes and large numbers of spot beams. We 
believe that the Commission should follow this approach. We therefore 
propose to amend this provision to state that applicants must provide 
the frequency characteristics of each uplink and downlink beam. This 
will enable us to evaluate the interference potential of space station 
uplink beams and downlink beams separately, rather than on a 
transponder-by-transponder basis. In addition, some space stations can 
vary the bandwidths of receive and transmit channels with on-board 
processing. Instead of requiring applicants for such space stations to 
specify channel bandwidths, we propose to require them to specify the 
maximum range of frequencies over which each beam can operate. We 
invite comment as to whether we should amend Sec.  25.114(c)(4)(i) to 
require applicants to specify the center frequencies of TT&C beams 
within a 5 megahertz range or a range of 2 percent of the assigned 
bandwidth, whichever is smaller.
    44. We propose to revise Sec.  25.114(c)(4)(ii) to add a 
requirement to specify the maximum equivalent isotropically radiated 
power (EIRP) density for each transmitting beam of a given space 
station. This change would allow us to delete requirements in this rule 
to specify a subset of technical characteristics used to calculate EIRP 
density, such as emission designators, allocated bandwidths of 
emissions, final amplifier output power, and net losses between 
amplifier output and antenna input. We also propose to adopt modified 
information requirements in Sec.  25.114(c)(4)(ii) pertaining to 
shapeable antenna beams to reduce paperwork burdens for applicants 
proposing use of shapeable beam technology.
    45. Section 25.114(c)(4)(iii) requires a space station applicant to 
identify ``which beams are connected or switchable to each transponder 
and TT&C function.'' We propose to delete this provision because it 
would be rendered unnecessary by the changes in Sec.  25.114(c)(4)(i) 
proposed above.
    46. Section 25.114(c)(4)(iv) requires applicants to specify 
receiver noise temperature. We propose to delete this provision because 
we can easily calculate receiver noise temperature from the gain-to-
temperature ratio and peak gain data required by proposed Sec.  
25.114(c)(4)(v).
    47. Section 25.114(c)(4)(v) requires applicants to specify ``the 
relationship between satellite receive antenna gain pattern and gain-
to-temperature ratio and saturation flux density for each antenna beam 
* * *.'' We propose to amend this provision to require that applicants 
specify peak antenna gain and gain-to-temperature ratio at beam peak. 
This revised requirement is sufficient to allow us to determine the 
interference susceptibility of such beams. For TT&C beams, we propose 
to require applicants to specify the minimum required uplink power flux 
density, which would enable us to assess the interference 
susceptibility of beams used TT&C. We also propose to add a requirement 
to specify the minimum and maximum saturation flux density levels of 
receiving beams fed into transponders, which would similarly be useful 
in assessing interference susceptibility.
    48. Section 25.114(c)(4)(vi) requires applicants to specify the 
gain of transponder channels. This information is no longer necessary 
in performing an assessment of interference potential. We also propose 
removing Sec.  25.114(c)(4)(vii), which requires applicants to specify 
predicted receiver and transmitter channel filter response 
characteristics. These parameters are not required to perform 
interference calculations.
    49. Section 25.114(c)(5) requires applicants to specify orbital 
locations and station-keeping tolerances for geostationary space 
stations. Section 25.114(c)(5)(i) allows an applicant to propose 
alternate orbital locations. This reflects a former ``orbital location 
fungibility'' policy that the Commission eliminated when it reformed 
space station licensing procedures in 2003. Hence, we propose to delete 
the phrase ``or locations if alternatives are proposed'' from this 
provision. Section 25.114(c)(5)(ii) requires an applicant to list ``the 
factors that support the orbital location assignment or assignments,'' 
i.e., to state reasons for assigning the proposed orbital location(s) 
to the applicant. The need for such information was also eliminated by 
the 2003 reform. We therefore propose to delete this requirement. In 
addition, we propose minor changes in Sec. Sec.  25.114(c)(5)(iii) and 
25.114(c)(5)(iv) to delete redundant phrases.
    50. Section 25.114(c)(6) requires applicants to specify orbital 
parameters for non-geostationary satellites. One such parameter 
currently collected in Schedule S but not listed in Sec.  25.114(c)(6), 
is the initial phase angle of a non-geostationary satellite in its 
orbital plane at a reference time. This information is needed for 
properly modeling non-geostationary satellite constellations. We 
propose to add a provision to Sec.  25.114(c)(6) to require applicants 
to specify this parameter. We also propose to delete the unnecessary 
phrase ``applicable information relating to'' from Sec.  
25.114(c)(6)(i).
    51. Section 25.114(c)(7) requires applicants for geostationary 
space stations to specify ``the accuracy with which the orbital 
inclination, the antenna axis attitude, and longitudinal drift will be 
maintained.'' We propose to move the requirement to specify antenna 
axis attitude accuracy to Sec.  25.114(c)(5) because that parameter is 
related to the station-keeping accuracy parameters listed in that 
Section. We propose to delete the requirements to specify orbital 
inclination accuracy and longitudinal drift accuracy, which are 
redundant, as the same information is required by provisions in Sec.  
25.114(c)(5). These changes would result in removing all of the current 
text from Sec.  25.114(c)(7). We propose to replace this text with an 
amended version of the current provisions in Sec.  25.114(d)(4). We 
also propose to codify the requirement to include a general 
specification of the frequency bands on the proposed satellite(s), 
which is currently collected in Schedule S, in the revised Sec.  
25.114(c)(7).
    52. Section 25.114(c)(8) requires applicants to specify power flux 
density levels within each proposed coverage area and energy dispersal 
necessary to comply with limits in Sec.  25.208. For clarification, we 
propose to amend this provision by changing ``[c]alculation of'' to 
``[c]alculated,'' ``power flux density levels'' to ``maximum power flux 
density levels,'' and ``energy dispersal'' to ``energy dispersal 
bandwidths.''
    53. Section 25.114(c)(10) requires the applicant to specify 
spacecraft weight and dimensions, on-ground and in-orbit mass, power 
budgets at beginning and end of life, estimated space station

[[Page 67178]]

operational lifetime, reliability of the space station, and the basis 
for the reliability estimate. We propose to retain the requirement to 
specify estimated operational lifetime. We propose to delete the other 
requirements because they are either collected elsewhere or are 
unnecessary.
    54. Section 25.114(c)(11) requires an applicant to indicate whether 
the proposed space station will be operated on a common carrier or non-
common carrier basis. If the applicant proposes to operate on a non-
common carrier basis, the rule requires a general description of the 
non-common-carrier transactions and specification of ``the number of 
transponders to be offered on a non-common-carrier basis.'' We propose 
to delete the requirement to describe transactions and specify the 
number of transponders to be used for non-common-carrier services, as 
there is no need for routine review of such information.
    55. Section 25.114(c)(12) requires an applicant to estimate the 
dates when satellite construction will commence, when such construction 
will be completed, when the satellite(s) will be launched, and when 
they will be placed in service. The Commission's milestone rules and 
associated reporting requirements reduce the need for such time 
estimates in license applications. We therefore propose to delete Sec.  
25.114(c)(12).
    56. Section 25.114(c)(13) requires applicants to provide ``[t]he 
polarization information specified in Sec. Sec.  25.210(a)(1), (a)(3), 
and (i), to the extent applicable.'' For clarity, we propose to amend 
Sec.  25.114(c)(13) to require applicants to specify in Schedule S the 
polarization information necessary for determining compliance with 
Sec.  25.210.
c. Section 25.114(d)
    57. Section 25.114(d) lists the types of information space station 
applicants must provide in a narrative attachment. We propose changes 
to many of these rules.
    58. Section 25.114(d)(1) requires the applicant to provide a 
``[g]eneral description of the overall system facilities, operations, 
and services.'' We propose to amend this provision to include a 
simplified requirement that the applicant explain how space station 
receiving beams would be connected to transmitting beams.
    59. Section 25.114(d)(2) requires space station applicants to 
specify any feeder link and/or inter-satellite service frequencies 
requested for the satellite, ``together with any demonstration 
otherwise required by this chapter for use of those frequencies (e.g., 
Sec. Sec.  25.203(j) and (k)).'' The requirement to specify feeder link 
and inter-satellite service frequencies is redundant, as Sec.  
25.114(c)(4)(i) requires applicants to enter the same information in 
Schedule S. The cross-reference to Sec.  25.203(j) is also redundant, 
since the same information is required by Sec. Sec.  25.114(c)(4)(i) 
and 25.114(d)(3). Further, the cross-reference to Sec.  25.203(k) is 
inappropriate because that provision does not prescribe a content 
requirement for space station applications. We therefore propose to 
delete Sec.  25.114(d)(2).
    60. Section 25.114(d)(3) requires space station applicants to 
provide predicted antenna gain contour(s) for each satellite transmit 
and receive beam and requested orbital location. The rule requires 
applicants to attach gain contour diagrams for geostationary space 
stations in .gxt files, which can be opened with the GIMS software 
program. Consequently, applicants for space stations with many transmit 
and/or receive beams must attach a large number of .gxt files to their 
applications. Allowing applicants to attach the contour diagrams in a 
GIMS container file, instead, would significantly reduce paperwork 
burdens on applicants and Commission staff, because all of the diagrams 
could be included in one data file. We therefore propose to amend this 
provision to require applicants to submit antenna gain pattern contour 
diagrams for geostationary orbit satellites in a GIMS-readable format. 
Because applicants submit such gain contour diagrams as attachments to 
Schedule S, we further propose to move this requirement to Sec.  
25.114(c)(4)(vi).
    61. In the interest of promoting administrative efficiency and 
reducing paperwork burdens for applicants, we propose to adopt a 
provision that would allow applicants for space stations with a large 
number of identical spot beams, other than DBS space stations, to 
provide antenna gain contour diagrams for one transmit and one receive 
antenna beam. Rather than supplying redundant information for the 
remaining beams the applicant must supply one of the following: (1) A 
map showing the locations of all of the spot beams, (2) a table giving 
the geographic locations in latitude and longitude to within 0.1 degree 
of the antenna beam boresights, or (3) a map of the isolines formed by 
combining some or all of the spot beams into one composite beam. We 
propose to insert this provision into Sec.  25.114(d)(3).
    62. Section 25.114(d)(4) requires space station applicants to 
describe the types of services to be provided, the areas to be served, 
the transmission characteristics and performance objectives for each 
type of proposed service, details of the link noise budget, typical or 
baseline earth station parameters, modulation parameters, and overall 
link performance analysis. We propose to retain the requirement to 
describe the services to be provided and the areas to be served and 
delete the other requirements listed above, which are either redundant 
or require the applicant to submit information not needed for 
interference assessment. Schedule S collects information about the 
services to be provided and the service areas, so we propose to move 
the requirement to provide such information to Sec.  25.114(c)(7).
    63. We propose to delete the first sentence of Section 
25.114(d)(5). The substance of this sentence is repeated in the next 
sentence of that provision. We also propose to clarify this provision 
by changing ``power flux density'' to ``maximum power flux density.''
    64. Section 25.114(d)(7) states that certain applicants must 
include information required by Sec.  25.140(b)(1), which, in turn, 
refers back to Sec.  25.114. We propose to delete this circuitous 
cross-reference from Sec.  25.114(d)(7).
    65. Section 25.114(d)(10) states that applications for 1.6/2.4 GHz 
Mobile-Satellite Service space stations must include ``all information 
specified in Sec.  25.143.'' We propose to amend this provision to 
specifically cross-reference Sec.  25.143(b), which is the only 
paragraph in Sec.  25.143 that prescribes application content 
requirements.
    66. We propose to delete redundant text from Sec.  25.114(d)(11), 
which requires applicants to state whether the space station is to 
operate on a common carrier or non-common carrier basis. This 
information is already required by Sec.  25.114(c)(11).
    67. Section 25.114(d)(13) contains special information requirements 
for DBS space station applicants. We propose minor changes in this 
section to clarify that the cross-references to Appendices 4, 30, and 
30A refer to appendices to the ITU Radio Regulations.
    68. Section 25.114(d)(14) requires applicants seeking authority to 
construct, launch, or operate a space station--or seeking access to the 
U.S. market for a non-U.S.-licensed space station--to disclose plans to 
mitigate the creation and effects of orbital debris that may result 
from the proposed activities. We seek comment on amending Sec.  
25.114(d)(14) to reflect policies that the Commission has previously 
adopted regarding orbital debris mitigation disclosure that are not 
currently

[[Page 67179]]

codified in Part 25. As a specific example, we seek comment on amending 
Sec.  25.114(d)(14)(iv) to add that applicants for space stations to be 
used only for commercial remote-sensing may, in lieu of submitting 
detailed post-mission disposal plans to the Commission, certify that 
they have submitted such plans to the National Oceanic and Atmospheric 
Administration for review. We also seek comment on whether information 
currently provided as part of a narrative statement required by Sec.  
25.114(d) could instead be provided by applicants as a certification or 
data entry as part of Schedule S, pursuant to Sec.  25.114(c).
5. Section 25.115 ``Applications for Earth Station Authorizations''
    69. Section 25.115(d) states that non-voice non-geostationary 
(NVNG), 1.6/2.4 GHz, and 2 GHz MSS user transceivers may be blanket-
licensed, rather than individually licensed. The Commission issues 
blanket licenses for MSS transceiver operations in all of the allocated 
MSS frequency bands. We therefore propose to amend Sec.  25.115(d) to 
remove the references to specific frequency bands. Section 25.115(d) 
also includes a statement that an application for a blanket license for 
MSS user transceivers shall include ``the information described in 
Sec.  25.136.'' We propose to modify this text to require an applicant 
for a blanket license for 1.5/1.6 GHz MSS mobile earth stations to 
explain how it would comply with the priority and preemptive access 
requirements, currently set forth in Sec. Sec.  25.136(d) and (e).
    70. Section 25.115(e) applies to applications for earth stations 
operating in the 20/30 GHz band. The first sentence in Sec.  25.115(e) 
states that license applications for individual earth stations 
operating in the 20/30 GHz band shall be filed on Form 312, Main Form 
and Schedule B, and shall include ``the information described in Sec.  
25.138.'' The Commission's band plan for these frequencies permits use 
by FSS satellites in both geostationary orbits (GSO) and non-
geostationary orbits (NGSO). The provisions in Sec.  25.138, however, 
apply, by their terms, only to applications for earth stations that 
communicate via GSO space stations. We propose to amend Sec.  25.115(e) 
to indicate that the requirement to provide the information required by 
Sec.  25.138 applies only to applications for earth stations that would 
communicate via GSO satellites. We also propose to delete the first 
sentence of Sec.  25.115(e), which states that applications for 20/30 
GHz earth stations shall be filed on Form 312, Main Form, and Schedule 
B. This provision is redundant with Sec. Sec.  25.115(a)(1), 25.130(a), 
and 25.131(a), which, together, require all earth station applications 
to be filed on those forms.
6. Section 25.118 ``Modifications Not Requiring Prior Authorization''
    71. Section 25.118(a)(2) states that an earth station licensee may 
add or change transmitters or antenna facilities or replace such 
equipment that is not electrically identical, without prior authority, 
where the new facilities do not require frequency coordination or 
exceed existing technical constraints. The rule, as currently drafted, 
by its terms, is effectively limited to FSS earth stations operations. 
We seek comment on whether we should modify the rule to include generic 
text applicable to both FSS and MSS.
    72. Section 25.118(e) provides that a licensee may move a 
geostationary space station to a different orbital location assigned to 
that licensee without prior authority under certain circumstances, 
after giving 30-days prior notice to the Commission and potentially 
affected parties. One of the prerequisites is that the space station 
licensee must certify that it has coordinated operation at the new 
location with potentially affected space station operators. We propose 
to amend this provision to make clear that such coordination must 
include coordination of orbital station-keeping ranges.
    73. Section 25.118(e)(8) provides that before relocating a DBS 
space station without prior authority, the licensee must certify that 
it ``will not cause more interference at the new location than [hellip] 
would occur from the current U.S. assignments in the [ITU] Region 2 BSS 
Plan and its associated Feeder Link Plan.'' We propose to revise this 
provision to allow DBS operators who will operate within the parameters 
of a pending Region 2 BSS Plan modification to relocate their space 
stations pursuant to Sec.  25.118(e).
    74. In comments filed in another proceeding, Globalstar Licensee 
LLC advocated amending Sec.  25.118(e) to allow a licensee of a 
constellation of NGSO space stations to re-position individual space 
stations without prior Commission authority, provided that the number 
of authorized operating space stations is not exceeded and the licensee 
certifies that the change(s) will not increase interference. We invite 
public comment on Globalstar's proposal, and on what information should 
be included in the prior notice.
7. Section 25.121 ``License Term and Renewals''
    75. We propose to amend Sec.  25.121(d)(1) to provide that the 
license term for a geostationary space station will begin on the date 
when the licensee certifies that the space station's tested performance 
is consistent with the station authorization and that the space station 
has been placed in its assigned orbital location and is capable of 
using the assigned frequencies, pursuant to proposed Sec.  25.173(b). 
We likewise propose to amend Sec.  25.121(d)(2) to provide that the 
license term for NGSO space stations will begin on the date when the 
licensee certifies pursuant to Sec.  25.173(b) that the tested 
performance of an initial space station is consistent with the 
authorization and that the space station has been placed in its 
assigned orbit and is capable of using the assigned frequencies.
    76. Section 25.121(d)(2) includes a statement that ``all [non-
geostationary] space stations brought into service during the 15-year 
license term shall operate pursuant to the system authorization and the 
operating authority for all space stations will terminate upon the 
expiration of the system license.'' We believe that it is redundant to 
state that NGSO space stations brought into service during the license 
term shall operate pursuant to the system authorization, as this is 
already stated in the system license. We therefore propose to revise 
this provision to simply state that operating authority for all space 
stations brought into service under the system license will terminate 
when the system license expires.
8. Section 25.129 ``Equipment Authorization for Portable Earth-Station 
Transceivers''
    77. Section 25.129(c) prescribes content requirements for 
applications for certification of portable earth station transceivers 
pursuant to Part 2, Subpart J. We propose to amend this provision by 
adding a cross-reference to the labeling requirement in proposed new 
Sec.  25.285(b).
9. Section 25.130 ``Filing Requirements for Transmitting Earth 
Stations''
    78. The International Bureau has allowed applicants to apply for a 
single earth station license with multiple antennas in certain 
circumstances. In frequency bands shared with terrestrial services on a 
co-primary basis, an applicant may request a single license for 
multiple antennas if the proposed antennas would be located within one

[[Page 67180]]

geographic second of each other. In frequency bands allocated only to 
satellite services on a primary basis, an applicant may request a 
single license for multiple antennas if the proposed antennas are all 
within 10 geographic seconds of each other. We propose to codify this 
policy in a new provision, Sec.  25.130(g). The new rule would state 
that an applicant may request a single earth station license to cover 
multiple antennas at fixed locations transmitting in frequency bands 
shared on a co-primary basis with terrestrial services if the antennas 
will all be sited within an area bounded by one second of latitude and 
longitude. The new rule would also permit applicants to request a 
single license to cover multiple antennas transmitting in unshared 
bands if the proposed antennas will all be sited within an area bounded 
by 10 seconds of latitude and longitude. We invite comment on the type 
of information applicants should be required to provide to facilitate 
administration of this policy. In addition, as explained previously, we 
also propose to amend Sec.  25.130 by deleting redundant provisions 
from Sec.  25.130(e).
10. Section 25.131 ``Filing Requirements for Receive-Only Earth 
Stations''
    79. Section 25.131(b) states that ``except as provided in paragraph 
(j) of this section,'' receive-only earth stations in the Fixed-
Satellite Service that operate with U.S.-licensed satellites may be 
registered with the Commission in order to receive protection from 
interference from terrestrial microwave stations in co-primary 
frequency bands. We propose to amend Sec.  25.131(b) to clarify that a 
receive-only FSS earth station that receives signals from a non-U.S.-
licensed space station in a band shared co-equally with terrestrial 
microwave stations (i.e., the C-band) may be registered as well, if the 
non-U.S.-licensed space station is on the Permitted List.
    80. We also propose to amend Sec.  25.131(b) by inserting a cross-
reference to Sec.  25.209(e), which provides that earth stations with 
antennas not conforming to the standards specified in Sec. Sec.  
25.209(a) and (b) are entitled to no more protection from interference 
than earth stations conforming to those standards.
    81. Section 25.131(j)(2) states that receive-only earth stations 
need not be licensed to receive transmissions from non-U.S.-licensed 
space stations on the Permitted List, provided that certain 
requirements are satisfied. One of the requirements is that the earth 
station's antenna meets the performance standards in Sec. Sec.  
25.209(a) and (b). We propose to delete that requirement. Receive-only 
stations cannot cause interference, whether or not their antennas meet 
the standards in Sec. Sec.  25.209(a) and (b). Furthermore, the 
operator of any earth station not conforming to those standards can 
claim no more protection from interference than it could claim if the 
station's antenna met the standards.
11. Section 25.132 ``Verification of Earth Station Antenna Performance 
Standards''
    82. Section 25.132(a)(1) states that all license applications for 
transmitting earth stations, except for earth stations operating in the 
20/30 GHz band, must include a certificate from the antenna 
manufacturer(s) that the manufacturer has ascertained through testing 
that the performance of the antenna(s) conforms to the standards in 
Section 25.209 of the Commission's rules. We propose to clarify that 
this provision is limited in scope to applications for FSS earth 
stations. Further, we propose to amend Sec.  25.132(a)(1) to allow 
applicants to certify, in the alternative, that the tested antenna 
performance is consistent with either off-axis EIRP density standards 
in Part 25, or with coordinated off-axis EIRP density specifications. 
We also propose to amend this provision to afford greater flexibility 
by allowing an applicant to certify it has reviewed the radiation 
pattern testing performed by the manufacturer, instead of submitting a 
certificate of compliance from the manufacturer.
    83. Section 25.132(a)(2) states that applications for transmitting 
earth stations operating in the 20/30 GHz band must include the 
measurements in Sec. Sec.  25.138(d) and (e). The provisions in Sec.  
25.138 apply only to 20/30 GHz earth stations that communicate via 
geostationary space stations. However, NGSO FSS networks may also 
operate in portions of the 20/30 GHz band. We propose to amend Sec.  
25.132(a)(2) to clarify that only applications for 20/30 GHz earth 
stations communicating via geostationary space stations need to comply 
with Sec. Sec.  25.138(d) and (e).
    84. Section 25.132(d) prescribes on-site measurement requirements 
for earth station antennas over three meters in diameter. We propose to 
amend this provision to clarify that it does not apply to large 
antennas for 20/30 GHz GSO FSS earth stations, which are subject to 
somewhat different on-site measurement requirements in Sec.  25.138(d).
    85. Section 25.132(b)(3) requires applicants proposing to operate 
with antennas that do not conform to the standards in Sec. Sec.  
25.209(a) and (b) to submit gain test plots from the antenna 
manufacturer, if the applicant is requesting a license based on 
coordination or off-axis EIRP density under Sec. Sec.  25.220, 25.221, 
25.222, 25.223, or 25.226. We propose to amend this provision to 
clarify that applicants seeking authority to operate non-conforming 
antennas pursuant to Sec.  25.218 must submit antenna gain plots as 
well.
12. Section 25.133 ``Period of Construction; Certification of 
Commencement of Operation''
    86. Section 25.133(a)(1) states that each earth station license, 
except licenses for mobile earth stations, will include a condition 
specifying a time period within which the station must be constructed 
and placed into operation. Section 25.133(a)(2) states that each 
license for mobile earth stations will include a condition specifying a 
time within which station operation must commence and further states 
that the network in which the mobile stations will operate must be 
brought into operation within 12 months of the license grant. We 
propose to revise the exception in Sec.  25.133(a)(1) to cover all 
blanket earth station licenses and likewise propose to amend Sec.  
25.133(a)(2) to apply to all blanket earth station licenses.
    87. We also propose to change ``license'' to ``initial license'' in 
Sec. Sec.  25.133(a)(1) and (2) to indicate that such conditions will 
not be re-imposed when earth station licenses are renewed. Similarly, 
we propose to change ``each license'' to ``each initial license'' in 
Sec.  25.133(b)(1). Section 25.133(b)(1) states that each license for 
an individual transmitting earth station shall require the licensee, 
upon completing station construction, to certify that construction has 
been completed and that each antenna has been tested and its 
performance found to be within 2 dB of ``the pattern specified in Sec.  
25.209, Sec.  25.135 * * *, or Sec.  25.213 * * *.'' As there is no 
antenna pattern specification in Sec.  25.135 or Sec.  25.213, however, 
we propose to amend this provision to require the licensee to certify 
that it has found the performance of the antenna(s) in question to be 
within 2 dB of the applicable pattern in Sec.  25.209 or the pattern 
authorized by the earth station license.
13. Section 25.134 ``Licensing provisions for Very Small Aperture 
Terminal (VSAT) and C-Band Small Aperture Terminals (CSAT) Networks''
    88. Section 25.134(a)(1) prescribes routine processing standards 
for

[[Page 67181]]

applications for analog VSAT networks and applications for digital VSAT 
networks granted on or before September 15, 2005. The provision 
pertaining to pre-2005 applications is obsolete, and the provisions 
pertaining to analog and digital networks duplicate provisions in Sec.  
25.134(g). We therefore propose to delete Sec.  25.134(a)(1).
    89. Section 25.134(b) provides that license applicants for 
``digital and/or analog'' VSAT networks proposing to operate with 
higher downlink EIRP density or antenna input power than the values 
``specified in Paragraph (a) of this Section'' must comply with certain 
procedures. The provisions in Sec.  25.134(a) specifying downlink EIRP 
density and antenna input power levels for VSAT networks would be 
deleted by the change proposed above and have been superseded by 
similar provisions in Sec.  25.134(g), which apply by their terms to 
all VSAT applications filed after March 10, 2005. We therefore propose 
to amend Sec.  25.134(b) to refer to Sec.  25.134(g) rather than Sec.  
25.134(a). We also propose to delete the phrase ``digital and/or 
analog,'' which is an unnecessary distinction since all VSAT networks 
are either digital or analog.
    90. Section 25.134(e) states that a VSAT network may have more than 
one hub earth station. We propose to amend this provision to add, for 
clarification, that the hubs in a multi-hub VSAT network may be sited 
in different places.
    91. We propose to replace ``VSAT operators in the 11.7-12.2 GHz and 
14.0-14.5 GHz frequency bands'' in Sec.  25.134(f) with ``12/14 GHz 
VSAT operators'' and delete unnecessary words from this provision.
    92. Section 25.134(g) states that beginning on March 10, 2005, all 
license applications for 12/14 GHz VSAT networks that meet specified 
limits on the EIRP spectral density of satellite downlinks and earth 
station antenna input will be routinely processed. Compliance with the 
limit on input power density will not, however, ensure that VSAT 
terminals with an equivalent antenna diameter less than 1.2 meters or 
gain patterns not in conformance with the standards in Sec. Sec.  
25.209(a) and (b) will suppress off-axis radiation sufficiently to 
prevent harmful interference. We therefore propose to amend Sec.  
25.134(g) to add that in order to qualify for routine processing, a 12/
14 GHz VSAT application must specify equivalent antenna diameter of 1.2 
meters or more and certify conformance with those antenna performance 
standards pursuant to Sec.  25.132(a)(1). We also propose to delete the 
obsolete effective date in the first sentence of Sec.  25.134(g) and 
delete another obsolete date in Sec.  25.134(g)(4).
    93. Section 25.134(h) prohibits VSAT operators from using remote 
earth stations that are not designed to stop transmission ``when 
synchronization with the target satellite fails.'' However, the remote 
earth stations in a VSAT network do not synchronize with a target 
satellite directly, but rather synchronize with certain signals from, 
or retransmitted by, the target satellite. In order to more precisely 
characterize the interaction between remote VSAT earth stations and 
their target satellite, we therefore propose to amend Sec.  25.134(h) 
to prohibit VSAT operators from using remote earth stations that are 
not designed to stop transmission when synchronization to signals from 
the target satellite fails.
14. Sections 25.135 ``Licensing Provisions for Earth Station Networks 
in the Non-Voice, Non-Geostationary Mobile-Satellite Service'' and 
25.136 ``Licensing Provisions for User transceivers in the 1.6/2.4 GHz, 
and 2 GHz Mobile Satellite Services''
    94. Sections 25.135 and 25.136 contain operational requirements for 
MSS user transceivers. In the interest of improving the organizational 
coherence of Part 25, we propose to move the provisions in the second 
sentence of Sec.  25.135(c), Sec.  25.135(d), and Sec. Sec.  25.136(b), 
(c), (d), and (e) to a new rule section, Sec.  25.287, in Subpart C 
(Technical Standards). We also propose to amend some of those 
provisions to make them more concise.
    95. Section 25.136(f) states that an L-band (i.e., 1.5/1.6 GHz) MSS 
licensee may construct ATC base stations at any time after commencing 
construction of its MSS system. Section 25.143(i) contains an identical 
rule for 1.6/2.4 GHz and 2 GHz MSS licensees. We propose to replace 
these band-specific rules with a generally applicable rule, which we 
propose to insert in Sec.  25.113(b).
    96. Section 25.136(g) prescribes rules pertaining to ``build-out'' 
and pre-operational testing of any type of ATC facility. Section 
25.143(j) contains identical rules specifically for 1.6/2.4 GHz and 2 
GHz ATC facilities. We propose to delete the duplicative rules in Sec.  
25.143(j) and move the provisions in Sec.  25.136(g) to a separate 
subparagraph of Sec.  25.113(b). We also propose to revise the text of 
these provisions to make them more succinct.
15. Section 25.138 ``Blanket Licensing Provisions of GSO FSS Earth 
Stations in the 18.3-18.8 GHz Space-to-Earth, 19.7-20.2 GHz (Space-to-
Earth), 28.35-28.6 GHz (Earth-to-Space), and 29.25-30.0 GHz (Earth-to-
Space) Bands''
    97. Section 25.138 contains a routine processing standard and 
content requirements for license applications for earth stations that 
communicate with geostationary FSS space stations in the 18.3-18.8 GHz, 
19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz frequency bands. We 
propose to amend the caption and first sentence in Sec.  25.138(a) to 
reflect that the processing standards and content requirements of this 
section apply to applications for both individual stations and blanket 
licenses.
    98. Section 25.138(b) requires an earth station applicant proposing 
to operate with off-axis radiated power density or power flux density 
(PFD) levels in excess of those specified in Sec.  25.138(a) to provide 
a link budget analysis and explain how the applicant derived each 
uplink and downlink power density figure and whether operation with the 
proposed higher levels would cause ``margin shortfalls in any existing 
baseline service.'' In addition, Sec.  25.138(b) requires the applicant 
to certify that the operators of potentially affected space stations 
within 6 degrees of the proposed target satellite do not object to the 
proposed use of higher off-axis power density. We propose to clarify 
and simplify these requirements by substituting a requirement that an 
applicant demonstrate that the higher proposed power is necessary to 
close the communications link and give the applicant an option between: 
(i) Providing an interference analysis showing its proposed operations 
are compatible with satellite networks using space stations in the 
vicinity of the proposed target satellite or (ii) providing evidence 
that it has coordinated the proposed higher-power operation with the 
operators of such potentially affected satellite networks. If an 
applicant demonstrates through technical analysis that other satellite 
networks will not suffer harmful interference, there would be no need 
for coordination with operators of such other systems, and vice versa.
    99. The last sentence in Sec.  25.138(b) requires applicants 
proposing earth stations that are not eligible for routine processing 
to certify that ``all potentially affected parties (i.e., those GSO FSS 
satellite networks that are 2, 4, and 6 degrees apart) acknowledge and 
do not object to the use of the applicant's higher power densities.'' 
For

[[Page 67182]]

clarification, we propose to amend this provision to state that such 
applicants must certify that operators of co-frequency GSO FSS space 
stations within 6 degrees of the proposed point of communication have 
no objection.
    100. Section 25.138(d) requires applicants to provide measured 
radiation patterns for each proposed earth station antenna type. We 
propose to replace the undefined term ``the 30 GHz band'' in the first 
sentence of this provision with ``each requested uplink band.'' 
Further, we recognize that it may not be feasible for applicants to 
provide such measurement data for large antennas that must be assembled 
on site. We therefore propose to insert text in Sec.  25.138(d) similar 
to that in Sec.  25.132(d), stating that the radiation patterns of 
antennas more than 3 meters in diameter that will be assembled on site 
may be measured once assembled on site, rather than prior to filing the 
application. In such cases, the licensee must provide certification of 
satisfactory performance when providing its completion of construction 
certification.
    101. Section 25.138(e) indicates the extent to which 20/30 GHz GSO 
FSS earth station licensees are entitled to protection from 
interference from downlink operation of adjacent satellites. It also 
requires applicants to provide ``[receive] antenna performance plots 
for the 20 GHz band, including the format specified in paragraph (d) of 
this section.'' For clarification, we propose to replace the term ``20 
GHz band'' with ``18.3-18.8 GHz and 19.7-20.2 GHz bands'' and to change 
``including the format specified in paragraph (d)'' to ``in the format 
contained in paragraph (d).''
    102. The first sentence in Sec.  25.138(f) prohibits 20/30 GHz 
earth station licensees from transmitting to a GSO FSS satellite 
without prior permission from the satellite operator or a reseller 
authorized by the satellite operator. The next sentence requires such 
transmissions to conform to the operating protocols specified by the 
satellite operator. We propose to delete these provisions, which are 
subsumed by the general rule in Sec.  25.273(a) that ``[n]o person 
shall [t]ransmit to a satellite unless the specific transmission is 
first authorized by the satellite network control center.''
    103. Section 25.138(g) states that an applicant for renewal of an 
earth station license granted pursuant to Sec.  25.138 must specify the 
number of constructed stations in FCC Form 405. This form is no longer 
in use. We propose to amend this provision to refer to Form 312R, which 
is currently used for requesting renewal of earth station licenses.
16. Section 25.140 ``Requirements for License Applications for Space 
Stations in the Fixed-Satellite Service and 17/24 GHz Broadcasting-
Satellite Service''
    104. Section 25.140(b) prescribes content requirements for license 
applications for FSS and 17/24 GHz BSS space stations. Section 
25.140(b) states that an applicant for an FSS space station license 
must ``demonstrate * * * that it is legally, technically, and otherwise 
qualified to proceed expeditiously with the construction, launch and/or 
operation of each proposed space station facility'' and provide 
additional information specified in subparagraphs of this rule. This 
could be construed to mean that space station applications must include 
a further ``qualification'' showing of an unspecified nature in 
addition to the information specifically required by Sec. Sec.  25.114 
and 25.140. For clarification, we propose to remove the language that 
suggests such a further qualification showing is required. We also 
propose to move the provision in Sec.  25.140(b)(1), which states that 
applications subject to Sec.  25.140(b) must include the information 
specified in Sec.  25.114, into the first paragraph of Sec.  25.140(b) 
and reserve Sec.  25.140(b)(1) for other use. We also propose to amend 
the first sentence of Sec.  25.140(b) to clarify that the subsection 
applies to both FSS and 17/24 GHz BSS space station applicants.
    105. Section 25.140(b)(2) requires FSS space station applicants to 
provide an interference analysis, cross-referencing appendices to a 
1983 Commission order. We propose to cite the order's FCC number and 
add a reference to more recent public notices that provide relevant 
guidance. We seek comment as to whether the requirement in Sec.  
25.140(b)(2) should be made more specific, either by incorporating text 
from the public notices or in some other way.
17. Section 25.144 ``Licensing Provisions for the 2.3 GHz Satellite 
Digital Audio Radio Service''
    106. Section 25.144(a)(3)(iii) requires an applicant for a license 
for a 2.3 GHz SDARS system to specify the compression rates that it 
will use to transmit audio programming and any ancillary services. 
Because compression rates for SDARS audio transmissions vary 
dynamically depending on program content and overall bandwidth 
allocation needs, we propose to delete this rule.
18. Section 25.145 ``Licensing Provisions for the Fixed-Satellite 
Service in the 20/30 GHz Bands''
    107. Section 25.145 contains licensing rules for FSS space stations 
operating in the 20/30 GHz frequency bands. Section 25.145(a) states 
that ``[e]xcept as provided in Sec.  25.210(b), in general all rules 
contained in this part''--that is, all of the rules in Part 25--apply 
to FSS in the 20/30 GHz bands. The statement is overbroad, as many 
rules in Part 25 do not apply to the 20/30 GHz band. We therefore 
propose to delete Sec.  25.145(a).
19. Section 25.154 ``Opposition to Applications and Other Pleadings''
    108. Section 25.154 prescribes procedural requirements for 
petitions to deny and related pleadings. Section 25.154(a) states that 
a petition to deny a Part 25 application must be filed within 30 days 
after the application is placed on public notice. Section 25.154(c) 
states that oppositions to petitions to deny must be filed within 10 
days after the petition to deny is filed. Section 25.154(d) provides 
that replies to such oppositions must be filed within five days after 
the opposition is filed. By their terms, however, Sec. Sec.  25.154(c) 
and (d) do not apply in cases where a petition to deny has been filed 
against an earth station application filed pursuant to Sec.  25.220. In 
such cases, Sec.  25.154(e) requires the applicant to file a statement 
within 30 days after the petition to deny is filed, stating whether all 
of the issues raised by the petitioner have been resolved. Section 
25.154(e) does not, however, contain any provision for filing an 
opposition in response to a petition to deny an application filed 
pursuant to Sec.  25.220. We propose to amend Sec.  25.154(e) to state 
that an opposition to a petition to deny an application filed pursuant 
to Sec.  25.220 may be filed within the 30-day period allowed for 
filing the statement regarding resolution of issues. We also propose to 
eliminate the exception from Sec.  25.154(d) for applications filed 
pursuant to Sec.  25.220. This will allow replies to oppositions to 
petitions to deny to be filed within five days of the opposition in all 
cases involving Part 25 applications. This would allow a more complete 
record for considering contested Sec.  25.220 applications.
20. Section 25.161 ``Automatic Termination of Station Authorization''
    109. Section 25.161 specifies the circumstances under which station 
licenses granted under Part 25 automatically terminate. We propose to 
amend Sec.  25.161(b) to indicate that operational authority for a 
space station

[[Page 67183]]

will not terminate at the end of its license term if a modification 
application for extension is pending.

H. Other Proposed Changes in Subpart C--``Technical Standards''

    110. Subpart C of Part 25 includes rules relating to governing 
technical standards of earth and space stations. We propose to make 
several substantive changes to the technical requirements.
1. Section 25.202 ``Frequencies, Frequency Tolerance and Emission 
Limitations''
    111. The first sentence in Section 25.202(c) states that orbital 
locations assigned to space stations licensed under Part 25 are subject 
to change by summary order of the Commission on 30 days notice. This 
rule is based on the premise that orbital locations are fungible. The 
2003 Space Station Licensing Reform Order eliminated that assumption. 
More recently, the Commission has noted that each orbital location has 
unique characteristics and that determining whether there are feasible 
alternatives to an orbital location may involve substituting the 
Commission's judgment for that of a satellite operator. Consequently, 
if the Commission has reason to change an orbital assignment, we would 
need to follow the license modification process. We therefore propose 
to eliminate the first sentence in Sec.  25.202(c).
    112. The second sentence in Section 25.202(c) states that an 
authorization to construct and/or launch a space station becomes null 
and void if the space station operator does not meet specified 
milestones. This provision is duplicative of Sec.  25.161(a)(1). 
Consequently, we propose to eliminate the second sentence of Sec.  
25.202(c).
    113. The last sentence of Section 25.202(c) states that frequencies 
and orbital assignments are subject to the policies set forth in 
Commission Orders adopted in 1983, 1985, and 1996. All of these 
policies have been incorporated elsewhere into the Part 25 rules or 
have been superseded. Consequently, we propose to eliminate this 
sentence. Adopting all of these changes would eliminate all of the text 
in Sec.  25.202(c), which would be reserved for other use.
    114. Section 25.202(g) requires TT&C signals for ``U.S. domestic 
satellites'' to be transmitted at either or both edges of the 
``allocated'' frequency bands. We propose to replace the obsolete term 
``U.S. domestic satellites'' with ``U.S.-licensed satellites'' and 
replace ``allocated'' with ``assigned.'' We also invite comment as to 
whether we should amend this provision to allow satellite operators to 
transmit TT&C signals in portions of the assigned bands other than the 
edges, provided that such transmissions would cause no more 
interference and require no greater protection than transmission of 
ordinary communications traffic.
2. Section 25.204 ``Power Limits''
    115. Section 25.204 is simply captioned ``Power limits,'' although 
all of the limits that it contains pertain only to earth station 
operation. We propose to amend the caption to read ``Power limits for 
earth stations.''
3. Section 25.205 ``Minimum Angle of Antenna Elevation''
    116. Section 25.205(a) states that earth stations will not normally 
be authorized to transmit at elevation angles less than 5 degrees above 
the horizontal plane but that the Commission may authorize operation at 
an elevation angle as low as 3 degrees in a seaward direction or upon a 
showing of good cause. The purpose of this minimum angle requirement is 
to prevent earth stations from causing harmful interference. We note, 
however, that the ITU Radio Regulations contain a 3-degree minimum 
elevation angle for earth station antennas, except as otherwise agreed 
in international coordination. We invite comment on revising Section 
25.205(a) to similarly provide for routine authorization of earth 
stations operating at elevation angles down to 3 degrees in frequency 
bands not shared with terrestrial radio systems.
4. Section 25.206 ``Station Identification''
    117. Section 25.206 states that stations licensed under Part 25 
need not transmit station identification, except for stations that are 
required to incorporate an Automatic Transmitter Identification System 
by provisions in Sec.  25.308. We propose to correct this erroneous 
cross-reference by cross-referencing the correct section, Sec.  25.281.
5. Section 25.208 ``Power Flux Density Limits''
    118. Section 25.208(w) requires space-to-Earth transmissions in the 
17.3-17.7 GHz band to meet specified regional PFD limits at the Earth's 
surface ``for all conditions, including clear sky.'' PFD at the Earth's 
surface, however, may be locally affected by weather conditions that 
are not uniform throughout a satellite beam's coverage area. We 
therefore propose to add a note to Sec.  25.208(w) that states that the 
prescribed limits pertain to the PFD that would be obtained under 
assumed free-space propagation conditions. We also propose to delete 
the phrase ``including clear sky'' as unnecessary.
6. Section 25.209 ``Earth Station Antenna Performance Standards''
    119. Section 25.209(d) states that the antenna performance 
standards in Sec. Sec.  25.209(a) and (b) apply to earth station 
antennas initially authorized after February 15, 1985 and ``shall 
apply'' to all earth station antennas after March 11, 1994. We propose 
to delete this provision as obsolete. We will also correct the antenna 
gain envelope in Sec.  25.209(h)(1) to:

29-25log10 ([theta]) dBi for 1[deg] <= [theta] <= 36[deg]
-10 dBi for 36[deg] < [theta] <= 180[deg]
7. Section 25.210 ``Technical Requirements for Space Stations''
    120. Section 25.210(a) states that FSS space stations operating in 
the 4/6 GHz bands must: (1) Use orthogonal linear polarization, such 
that one polarization sense is parallel to the equatorial plane; (2) 
use opposite polarization senses on uplink and downlink transmissions 
on the same transponder; and (3) be capable of switching polarization 
senses upon ground command. The Commission adopted these provisions to 
minimize interference between adjacent space stations providing analog 
video services and to be able to reassign space stations to other 
orbital locations. We seek comment on whether these rules are still 
necessary.
    121. Section 25.210(b) requires FSS space stations operating in the 
20/30 GHz bands to use orthogonal circular polarization or orthogonal 
linear polarization with one polarization plane defined by the 
equatorial plane, to put opposite polarity on uplink and downlink 
transmissions on the same transponder, and to be able to switch 
polarization sense on ground command. These requirements were intended 
to promote efficient re-use of spectrum by requiring 20/30 GHz FSS 
transmissions to be on opposite, mutually non-interfering, 
polarizations. This objective is sufficiently served by the less 
restrictive full frequency re-use requirement in Sec.  25.210(f), which 
requires 20/30 GHz space stations to employ ``state-of-the-art full 
frequency re-use'' through use of orthogonal polarization and/or 
spatially independent beams. We therefore propose to delete Sec.  
25.210(b).
    122. Section 25.210(c) states that FSS space stations must be 
capable of changing transponder saturation flux densities by ground 
command in 4 dB steps over a range of 12 dB. This capability can be 
used to equalize the uplink power levels of signals transmitted from 
earth stations to

[[Page 67184]]

adjacent transponders on the same space station, and to facilitate 
coordination with neighboring space stations. Since we adopted the 
rule, operators have developed other means of facilitating 
coordination. Consequently, we do not believe that it continues to be 
necessary to impose specific design requirements as a means of 
effectuating coordination. We therefore propose to delete the current 
text in Sec.  25.210(c).
    123. Section 25.210(i) prescribes cross-polarization isolation 
requirements for FSS space stations and 17/24 GHz BSS space stations. 
We intend to retain the cross-polarization isolation requirement for 
17/24 GHz BSS space stations, which could facilitate coordination with 
co-located space stations. We invite comment as to whether the cross-
polarization isolation requirement for FSS space stations should be 
relaxed and, if so, to what extent. Alternatively, we invite comment as 
to whether we should eliminate the minimum isolation requirement for 
FSS space stations and add a provision to Sec.  25.273(d) stating that 
operators of FSS space stations with less than 30 dB of receive-beam 
cross-polarization isolation are entitled to no more interference 
protection for space station receiving links than if such isolation 
were 30 dB.
8. Section 25.211 ``Analog Video Transmissions in the Fixed-Satellite 
Service''
    124. Section 25.211 is captioned ``Analog video transmission in the 
Fixed-Satellite Services.'' Section 25.211(d) states that an earth 
station may be routinely licensed for ``full transponder'' analog video 
transmission in the 5925-6425 MHz band if the equivalent diameter of 
its antenna is 4.5 meters or more and input power to the antenna does 
not exceed 26.5 dBW. Section 25.211(d) also states that an earth 
station may be routinely licensed for ``full transponder'' analog video 
transmission in the 14.0-14.5 GHz band if the equivalent diameter of 
its antenna is 1.2 meters or more and the input power does not exceed 
27 dBW. We see no reason to limit routine processing under Sec.  
25.211(d) to full transponder transmissions and propose to delete this 
term. We also propose to amend Sec.  25.211(d) to add that applicants 
must certify antenna performance pursuant to Sec.  25.132(a)(1) to be 
eligible for routine licensing under Sec.  25.211(d).
    125. Section 25.211(e) provides that earth stations transmitting 
analog video signals in the 5925-6425 MHz band with antennas smaller 
than 4.5 meters in diameter or in the 14.0-14.5 GHz band with antennas 
smaller than 1.2 meters in diameter ``are subject to the provisions of 
Sec.  25.220.'' Similarly, Sec.  25.211(f) states that applicants for 
``authorization for analog [earth-station] transmissions * * * 
proposing to use maximum power into the antenna in excess of [the 
levels] specified in Sec.  25.211(d)'' must comply with the 
requirements in Section 25.220 for licensing non-conforming earth 
stations based on coordination. We propose to combine the provisions in 
Sec. Sec.  25.211(e) and (f) in a single sub-paragraph (e). We also 
propose to change ``analog transmission'' in Sec.  25.211(f) to 
``analog video transmission,'' in keeping with the section caption and 
to avoid conflict with provisions in Sec.  25.212 pertaining to analog 
transmission.
9. Section 25.212 ``Narrowband Analog Transmissions and All Digital 
Transmissions in the GSO Fixed-Satellite Service''
    126. Section 25.212(c) contains routine licensing standards for 
earth stations transmitting narrowband analog signals or digital 
signals in the 14.0-14.5 GHz band. The first sentence in Sec.  
25.212(c) provides for routine licensing of earth stations transmitting 
analog signals in bandwidths up to 200 kilohertz. We propose to amend 
this provision to allow routine licensing of stations transmitting 
analog signals of up to 1 megahertz in bandwidth. This would reduce the 
need for additional technical demonstrations in these cases, reducing 
paperwork burdens for applicants and corresponding administrative 
burdens for the Commission's staff. We also propose to amend Sec.  
25.212(c) to cross-reference the verification requirement in Sec.  
25.132(a)(1) and exclude Earth Stations on Vessels (ESV) and Vehicle-
Mounted Earth Stations (VMES), which are subject to special licensing 
rules contained in other sections, and earth stations installed in 
aircraft, for which special rules are under consideration.
    127. Section 25.212(d)(1) prescribes a routine licensing standard 
for 5925-6425 MHz earth stations ``licensed before March 10, 2005.'' We 
propose to delete this obsolete provision.
    128. Section 25.212(d)(2) prescribes routine licensing standards 
for earth stations that transmit ``SCPC'' (i.e., single channel per 
carrier) signals in the 5925-6425 MHz band with antennas with 
equivalent diameters of 4.5 meters or more. We propose to delete the 
phrase, ``[f]or earth stations licensed after March 10, 2005,'' from 
its first sentence. We also propose to insert a cross-reference to the 
verification requirement in Sec.  25.132(a)(1) and exclude ESVs, for 
the reason stated above. Further, we propose to modify the rule to 
cover all digital carriers and all analog carriers with bandwidths up 
to 1 megahertz.
    129. Last, we propose to amend Section 25.212(e) to clarify the 
procedure for licensing earth stations with C-band antennas smaller 
than 4.5 meters in diameter or Ku-band antennas smaller than 1.2 meters 
in diameter. These changes will consolidate certain provisions in 
Sec. Sec.  25.212(c) and (d)(3) into Sec.  25.212(e).
10. Section 25.215 ``Technical Requirements for Space Stations in the 
Direct Broadcast Satellite Service''
    130. Section 25.215 contains a 30 dB cross-polarization isolation 
requirement for DBS space station antennas. The International Bureau 
has routinely granted partial waivers of this requirement, however, to 
allow DBS space stations to operate with cross-polarization isolation 
of 27 dB. This has not resulted in harmful interference. We believe 
that 27 dB of cross-polarization isolation affords adequate cross-
polarization interference protection for DBS service links using 
current digital modulation and error-correction coding techniques. We 
therefore propose to relax the cross-polarization isolation requirement 
for DBS space station antennas (both service-link and feeder-link) to 
27 dB and invite comment as to whether some other minimum cross-
polarization isolation level should be prescribed instead. We also 
propose to move the provision from Sec.  25.215 to Sec.  25.210(c). 
This change would eliminate all content from Sec.  25.215, which we 
propose to reserve.
11. Section 25.217 ``Default Service Rules''
    131. Section 25.217 contains ``default'' technical rules for 
stations licensed to operate in frequency bands for which the 
Commission has not yet adopted frequency-specific service rules. 
Paragraphs (b)(1) and (c)(1) of this section require space stations 
operating in such bands under licenses granted pursuant to the 
procedure contained in Sec.  25.157 or Sec.  25.158 to conform to the 
technical requirements in certain specified rule provisions, including 
Sec. Sec.  25.210(c) and (l). As a consequence of changes proposed 
above, we propose to delete the cross-references to Sec. Sec.  
25.210(c) and 25.210(l).
    132. Section 25.217(b)(3) provides that earth station licensees 
with authority to communicate via NGSO-like space stations operating 
pursuant to the default rules in Sec.  25.217(b)(1) must comply with 
the requirements in

[[Page 67185]]

Sec.  25.136. In accordance with changes proposed above, we propose to 
amend this provision to cross-reference Sec. Sec.  25.285 and 25.287, 
instead. We also propose to amend this provision to clarify that it 
applies specifically to licensees of mobile earth stations.
12. Section 25.218 ``Off-Axis EIRP Envelopes for FSS Earth Station 
Operations''
    133. Section 25.218 provides for routine licensing of earth 
stations that meet specified limits on radiated power spectral density 
in directions other than along the transmitting antenna's main-lobe 
axis. As recently amended, Sec.  25.218(a) applies to ``all 
applications for FSS earth stations operating in the C-band, Ku-band, 
or extended Ku-band, except for: (1) ESV and VMES applications, (2) 
analog video earth station applications, and (3) [a]pplications for 
feeder-link earth stations in the 17/24 GHz BSS.'' It is unnecessary to 
explicitly exclude 17/24 GHz BSS feeder-link earth stations, which do 
not transmit in the C-band, Ku-band, or extended Ku-band. We therefore 
propose to delete Sec.  25.218(a)(3). We also propose to amend Sec.  
25.218(a) to add that it applies only to applications for earth 
stations that transmit to geostationary space stations, since earth 
stations communicating with satellites in non-geostationary orbits are 
not eligible for routine processing.
13. Section 25.223 ``Off-Axis EIRP Spectral Density Limits for Feeder-
Link Earth Stations in the 17/24 GHz BSS''
    134. Section 25.223 contains rules for licensing earth stations 
that transmit to 17/24 GHz BSS space stations based either on 
compliance with limits on off-axis radiated spectral density or 
coordination with operators of co-frequency geostationary space 
stations in the vicinity of the proposed satellite points of 
communication. When adopting this rule, the Commission indicated that 
it would apply to applications for earth stations that do not conform 
to the antenna performance standards in Sec.  25.209 and/or specify 
input power density levels in excess of that specified in Sec.  
25.212(f). The first sentence in Sec.  25.223, however, says the 
opposite. We propose to amend Sec.  25.223(a) to correct this error.
    135. Section 25.223 is captioned ``Off-axis EIRP spectral density 
limits for feeder-link earth stations in the 17/24 GHz BSS.'' This 
caption is inaccurate, as the specified spectral density levels are not 
mandatory limits; rather, they comprise an alternative standard for 
routine licensing for applications that do not qualify for routine 
licensing under Sec.  25.212(f). Furthermore, Sec.  25.223 does not 
only prescribe a licensing standard based on off-axis EIRP spectral 
density levels; it also prescribes alternative rules for licensing 
based on coordination. We propose to amend the caption to read 
``Alternative licensing rules for feeder-link earth stations in the 17/
24 GHz BSS,'' which better reflects the scope of the rule.
    136. The Commission modeled Sec.  25.223(c) on Sec.  25.138(b). We 
propose to change Sec.  25.223(c) to be consistent with the proposed 
revisions to Sec.  25.138(b).
14. Sections 25.259 ``Time Sharing Between NOAA Meteorological 
Satellite Systems and Non-Voice, Non-Geostationary Satellite Systems in 
the 137-138 MHz Band'' and 25.260 ``Time Sharing Between DoD 
Meteorological Satellite Systems and Non-Voice, Non-Geostationary 
Satellite Systems in the 400.15-401 MHz Band''
    137. Sections 25.259 and 25.260 contain time-sharing rules for 
commercial NVNG satellite systems operating in frequency bands shared 
with meteorological satellite systems operated by Federal agencies. 
Each of these rules includes a statement that ``the Commission will not 
hesitate to impose sanctions * * * including monetary forfeitures and 
license revocations, when appropriate'' on licensees that violate these 
rules. We propose to delete these statements. It is not necessary to 
restate here that the Commission may impose sanctions for rule 
violations. We do not propose any change in enforcement policy in this 
regard, however.

III. Other Proposed Changes in Subpart D--Technical Operations

    138. Subpart D of Part 25 includes rules governing technical 
operations of earth and space stations. As discussed below, we propose 
to make several substantive changes to the technical operations 
requirements to reflect evolving technology.
1. Section 25.271 ``Control of Transmitting Stations''
    139. Commission staff has discovered during emergency and 
interference events that contact information for earth station 
licensees is often out of date. We seek comment on whether we should 
adopt a provision in Sec.  25.271 to require earth station licensees to 
maintain up-to-date point-of-contact information, beyond the postal 
point-of-contact information required by Sec.  1.5.
2. Section 25.276 ``Points of Communication''
    140. Section 25.276(a) states that unless otherwise indicated in 
the station authorization, an earth station may transmit to any space 
station in the same radio service, provided the space station operator 
has permitted such access. We propose to amend this provision to state 
explicitly that the space station must be authorized as a point of 
communication in the earth station license. This proposed change would 
conform the rule to standard limitations on the face of earth station 
authorizations and is consistent with Sec.  301 of the Communications 
Act.
    141. We propose to delete Sec.  25.276(b), which states that space 
stations licensed under Part 25 are authorized to provide service to 
earth stations located within the specified service area, including 
certain coastal waters. This rule is a vestige of the Commission's 
former Domsat/Separate Systems policies and is no longer needed.
3. Sections 25.281 ``Automatic Transmitter Identification System 
(ATIS)''
    142. Section 25.281 requires all satellite uplink transmissions 
carrying broadband video information to include a subcarrier signal 
that identifies the call sign of the transmitting earth station and 
includes contact information. This signal is called the Automatic 
Transmitter Identification System signal, or ATIS signal. Transmission 
of ATIS signals is intended to facilitate rapid resolution of 
interference problems.
    143. Some digital broadband video uplink signals are technically 
incompatible with the subcarrier signal required by Sec.  25.281(d). 
When the Commission adopted Section 25.281, more than twenty years ago, 
operators transmitted broadband video signals with analog modulation 
techniques. Today, broadband video signals are often transmitted as 
encoded and compressed digital data streams using more spectrum-
efficient digital radio frequency signal modulation techniques. The 
technical characteristics of the ATIS signal currently specified in 
Sec.  25.281 are not well suited to use with broadband video digital 
modulation techniques, and could result in inefficient use of spectrum. 
We therefore propose to revise Sec.  25.281 to prescribe appropriate 
methods of ATIS message transmission for stations transmitting 
broadband video with digital techniques.
    144. We believe it is important, however, to limit the number of

[[Page 67186]]

different techniques that operators can use to transmit ATIS 
information in digitally modulated uplink signals to avoid unduly 
burdening satellite network operators that might receive interference 
from broadband video uplinks with a need to purchase, operate, and 
maintain a variety of different types of ATIS signal receivers. We 
therefore seek comment on whether our rules should specify a particular 
method or methods for transmitting ATIS information on digitally 
modulated broadband video uplink signals, and if so, which method(s) we 
should specify. One method used to include ATIS information in 
digitally modulated uplinks is to insert the ATIS information into the 
Network Information Table of an MPEG transport stream. Another method 
is to transmit digital broadband video uplink signals with an 
accompanying low-data-rate spread-spectrum signal carrying the ATIS 
information. We tentatively propose to allow use of either of these 
techniques. We seek comment on whether a grace period after the 
effective date of the rules would be needed to allow operators time to 
conform to any new ATIS requirements for digitally modulated uplinks 
and, if so, the length of time needed.
    145. We also invite comment on content requirements for ATIS 
signals. Is the information currently required by Sec.  25.281(d)(3) 
adequate, or should we require more (or less) information in ATIS 
signals included in digitally-modulated uplinks? For example, should we 
require the geographic location of the earth station to be included in 
the ATIS data transmitted on digitally-modulated uplinks? Should we 
require a specific format for the ATIS message, or would it be 
sufficient to require the ATIS message to be transmitted in an 
unencrypted text format that can be easily decoded and displayed?
    146. We also seek comment as to whether ATIS identification should 
be required for all types of satellite uplinks, and, if not, which 
type(s) should be excepted. The method we are proposing for 
transmitting ATIS data on digitally-modulated uplinks with a spread 
spectrum signal could be applied to any continuous digitally-modulated 
uplink transmission with a symbol rate of at least 128,000 symbols per 
second. We seek comment on whether there are other methods of 
identification that could be applied to other types of transmissions.
    147. Feeder-link signals for DBS and 17/24 GHz BSS systems are 
usually transmitted using very large earth station antennas, nine 
meters or more in diameter. These large antennas are almost always 
installed, pointed, and calibrated by skilled technical personnel 
performing multiple quality-control checks. Once set up, their 
operating parameters change infrequently. They are thus unlikely to be 
a source of interference to other satellite communication systems. We 
therefore invite comment on revising Sec.  25.281 to exclude DBS and 
17/24 GHz BSS feeder-link transmissions from the ATIS requirement.

J. Additional Technical Changes

    148. We seek comment on whether there are technical rules or 
technical practices developed by other countries that might further the 
Commission's policy objectives and might be incorporated in Part 25. 
Commenters advocating adopting a rule or practice used by another 
country should provide specific text for any proposed rule, together 
with a supporting technical analysis.

IV. Regulatory Impact Conclusion

    149. We tentatively conclude that the benefits of the changes 
proposed in this NPRM would outweigh any resultant costs and that the 
changes would reduce net costs, on average, for applicants and 
licensees. We invite comment on these conclusions.

V. Procedural Matters

A. Ex Parte

    150. The proceeding this NPRM initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

B. Initial Regulatory Flexibility Act

    151. As required by the Regulatory Flexibility Act of 1980, as 
amended, the Commission has prepared an Initial Regulatory Flexibility 
Analysis (IRFA) for this NPRM, of the possible significant economic 
impact on small entities of the policies and rules addressed in this 
document. The IRFA is set forth as Appendix B. Written public comments 
are requested on this IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the deadlines for comments on the NPRM 
provided on or before the dates indicated on the first page of this 
NPRM. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings unless the agency certifies that ``the rule will 
not have a significant economic impact on a substantial number of small 
entities.'' The RFA generally defines the term ``small entity'' as 
referring to any ``small business,'' ``small organization,'' or ``small 
governmental jurisdiction.'' 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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' ``Small governmental jurisdiction'' generally 
means governments of cities, counties, towns, townships, villages, 
school districts, or special districts, with a population of less than 
50,000.

[[Page 67187]]

C. Initial Paperwork Reduction

    152. This document contains proposed new and modified information 
collection requirements. It also proposes to eliminate a number of 
existing information collection requirements. The Commission, as part 
of its continuing effort to reduce paperwork burdens, invites the 
general public and OMB to comment on the information collection 
requirements contained in this document, as required by PRA. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
we seek specific comment on how we might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''

D. Filing of Comments and Reply Comments

    153. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. When filing comments or reply comments, please reference 
IB Docket No. 12-267. Comments may be filed using: (1) The Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
      All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
      Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
      U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington DC 20554.
    People With Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice) or 
202-418-0432 (TTY). Contact the FCC to request reasonable 
accommodations for filing comments (accessible format documents, sign 
language interpreters, CART, etc.) by email at: [email protected]; phone: 
202-418-0530 or TTY: 202-418-0432.

VI. Ordering Clauses

    154. Accordingly, it is ordered, pursuant to sections 4(i), 7(a), 
11, 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 
303(g), 303(r), that this NPRM in IB Docket No. 12-267 is adopted.
    155. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center shall send a 
copy of this NPRM, including the initial regulatory flexibility act 
analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with section 603(a) of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. (1981).

List of Subjects in 47 CFR Part 25

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Satellites, 
Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

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

PART 25--SATELLITE COMMUNICATIONS

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

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

    2. Revise Sec.  25.103 to read as follows:


Sec.  25.103  Definitions.

    Terms with definitions including the ``(RR)'' designation are 
defined in the same way in Sec.  2.1 of this chapter and in the Radio 
Regulations of the International Telecommunication Union.
    1.5/1.6 GHz Mobile-Satellite Service. Mobile-Satellite Service 
provided in any portions of the 1525-1559 MHz space-to-Earth band and 
the 1626.5-1660.5 MHz Earth-to-space band, which are referred to in 
this rule part as the ``1.5/1.6 GHz MSS bands.''
    1.6/2.4 GHz Mobile-Satellite Service. A Mobile-Satellite Service 
that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz bands, or in 
any portion thereof.
    2 GHz Mobile-Satellite Service. A Mobile-Satellite Service that 
operates in the 2000-2020 MHz and 2180-2200 MHz bands, or in any 
portion thereof.
    12/14 GHz bands. The 11.7-12.2 GHz Fixed-Satellite Service space-
to-Earth band and the 14.0-14.5 GHz Fixed-Satellite Service Earth-to-
space band.
    17/24 GHz Broadcasting-Satellite Service. A radio-communication 
service using geostationary satellites between one or more feeder-link 
earth stations and other earth stations, in the 17.3-17.7 GHz (space-
to-Earth) (domestic allocation), 17.3-17.8 GHz (international 
allocation) and 24.75-25.25 GHz bands. This service is also known as 
``17/24 GHz BSS.'' For purposes of the application processing 
provisions of this part, the 17/24 GHz BSS is a GSO-like service. For 
purposes of the technical requirements of this part, we will treat the 
17/24 GHz BSS as if it were FSS. Unless specifically stated otherwise, 
the 17/24 GHz BSS systems are subject to the rules in this part 
applicable to FSS.
    20/30 GHz Bands. The 18.3-20.2 GHz frequency range, which is 
allocated for Fixed-Satellite Service (FSS) space-to-Earth 
transmission, and the 28.35-30.0 GHz frequency range, which is 
allocated for FSS Earth-to-space transmission.
    Ancillary Terrestrial Component (ATC). A terrestrial communications 
network used in conjunction with a qualifying satellite network system 
authorized pursuant to these rules and the conditions established in 
the Orders issued in IB Docket No. 01-185, Flexibility for Delivery of 
Communications by Mobile-Satellite Service Providers in the 2 GHz Band, 
the L-Band, and the 1.6/2.4 GHz Band.

[[Page 67188]]

    Ancillary Terrestrial Component (ATC) base station. A terrestrial 
fixed facility used to transmit communications to or receive 
communications from one or more ancillary terrestrial component mobile 
terminals.
    Ancillary Terrestrial Component (ATC) Mobile Terminal. A 
terrestrial mobile facility used to transmit communications to or 
receive communications from an ancillary terrestrial component base 
station or a space station.
    C-band. For purposes of this part, the terms ``C-band'' and 
``conventional C-band'' refer specifically to the 3700-4200 MHz space-
to-Earth and 5925-6425 MHz Earth-to-space bands. These paired bands are 
allocated to the Fixed-Satellite Service and are also referred to as 
the 4/6 GHz bands.
    Coordination Distance. When determining the need for coordination, 
the distance on a given azimuth from an earth station sharing the same 
frequency band with terrestrial stations, or from a transmitting earth 
station sharing the same bi-directionally allocated frequency band with 
receiving earth stations, beyond which the level of permissible 
interference will not be exceeded and coordination is therefore not 
required. (RR)
    Direct Broadcast Satellite Service. A radio-communication service 
in which signals transmitted or retransmitted by Broadcasting-Satellite 
Service space stations in the 12.2-12.7 GHz band are intended for 
direct reception by subscribers or the general public. For the purposes 
of this definition, the term direct reception includes individual 
reception and community reception.
    Earth station. A station located either on the Earth's surface or 
within the major portion of the Earth's atmosphere intended for 
communication:
    (1) With one or more space stations; or
    (2) With one or more stations of the same kind by means of one or 
more reflecting satellites or other objects in space. (RR)
    Earth Station on Vessel (ESV). An earth station onboard a craft 
designed for traveling on water receiving from and transmitting to 
Fixed-Satellite Service space stations.
    Emergency Call Center. A facility that subscribers of satellite 
commercial mobile radio services call when in need of emergency 
assistance by dialing ``911'' on their mobile earth station terminals.
    Equivalent Power Flux-Density (EPFD). The sum of the power flux-
densities produced at a geostationary orbit (GSO) receive earth or 
space station on the Earth's surface or in the geostationary orbit, as 
appropriate, by all the transmit stations within a non-geostationary 
orbit Fixed-Satellite Service (NGSO FSS) system, taking into account 
the off-axis discrimination of a reference receiving antenna assumed to 
be pointing in its nominal direction. The equivalent power flux 
density, in dB(W/m\2\) in the reference bandwidth, is calculated using 
the following formula:
[GRAPHIC] [TIFF OMITTED] TP08NO12.043

Where:

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

    Feeder Link. A radio link from a fixed earth station at a given 
location to a space station, or vice versa, conveying information for a 
space radio-communication service other than the Fixed-Satellite 
Service. The given location may be at a specified fixed point or at any 
fixed point within specified areas. (RR)
    Fixed Earth Station. An earth station intended to be used at a 
fixed position. The position may be a specified fixed point or any 
fixed point within a specified area.
    Fixed-Satellite Service. A radio-communication service between 
earth stations at given positions, when one or more satellites are 
used; the given position may be a specified fixed point or any fixed 
point within specified areas; in some cases this service includes 
satellite-to-satellite links, which may also be operated in the inter-
satellite service; the Fixed-Satellite Service may also include feeder 
links of other space radio-communication services. (RR)
    Geostationary Satellite. A geosynchronous satellite whose circular 
and direct orbit lies in the plane of the Earth's equator and which 
thus remains fixed relative to the Earth; by extension, a 
geosynchronous satellite which remains approximately fixed relative to 
the Earth. (RR)
    Inter-Satellite Service. A radio-communication service providing 
links between artificial earth satellites.
    Ka-band Permitted Space Station List. A list of all U.S.-licensed 
geostationary-orbit space stations providing Fixed-Satellite Service in 
the 20/30 GHz bands, as well as those non-U.S.-licensed geostationary-
orbit space stations approved for U.S. market access to provide Fixed-
Satellite Service in the 20/30 GHz-bands. Applicants for Fixed-
Satellite Service earth stations that qualify for routine processing in 
the 20/30 GHz bands may designate the Ka-band 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 Ka-band Permitted Space Station List, provided that the 
communications fall within the technical parameters and conditions 
established in the earth station license and any limitations placed on 
the space station authorization or noted in the Ka-band Permitted Space 
Station List. The earth station operator may not communicate with a 
space station on the list in the 18.3-18.8 GHz or 19.7-20.2 GHz band 
until the space station

[[Page 67189]]

operator has completed coordination under Footnote US334 to Sec.  
2.106.
    Ku-band. In this rule part, the terms ``Ku-band'' and 
``conventional Ku-band'' refer specifically to the 11700-12200 MHz 
space-to-Earth and 14000-14500 MHz Earth-to-space bands. These paired 
bands are allocated to the Fixed-Satellite Service and are also 
referred to as the 12/14 GHz bands.
    Land Earth Station. An earth station in the Fixed-Satellite Service 
or, in some cases, in the Mobile-Satellite Service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the Mobile-Satellite Service. (RR)
    Land Mobile Earth Station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    Mobile Earth Station. An earth station in the Mobile-Satellite 
Service intended to be used while in motion or during halts at 
unspecified points. (RR)
    Mobile-Satellite Service. A radio-communication service:
    (1) Between mobile earth stations and one or more space stations, 
or between space stations used by this service; or
    (2) Between mobile earth stations, by means of one or more space 
stations.
    This service may also include feeder links necessary for its 
operation. (RR)
    NGSO FSS Gateway Earth Station. An earth station complex consisting 
of multiple interconnecting earth station antennas supporting the 
communication routing and switching functions of a non-geostationary 
orbit Fixed-Satellite Service (NGSO FSS) system as a whole. A gateway 
earth station in the NGSO FSS:
    (1) Does not originate or terminate radio-communication traffic, 
but interconnects multiple non-collocated user earth stations operating 
in frequency bands other than designated gateway bands, through a 
satellite with other primary terrestrial networks, such as the public 
switched telephone network (PSTN) and/or Internet networks.
    (2) Is not for the exclusive use of any customer.
    (3) May also be used for telemetry, tracking, and command 
transmissions for the same NGSO FSS system.
    (4) May include multiple antennas, each required to meet the 
antenna performance standard in Sec.  25.209(h), located within an area 
of one second latitude by one second longitude. Additional antennas 
located outside such area will be considered as a separate gateway 
earth station complex for purposes of coordination with terrestrial 
services.
    Non-Voice, Non-Geostationary (NVNG) Mobile-Satellite Service. A 
Mobile-Satellite Service reserved for use by non-geostationary 
satellites in the provision of non-voice communications which may 
include satellite links between land earth stations at fixed locations.
    Permitted Space Station List. A list of all U.S.-licensed 
geostationary-orbit space stations providing Fixed-Satellite Service in 
the conventional C- and Ku-bands, as well as non-U.S.-licensed 
geostationary-orbit space stations approved for U.S. market access to 
provide Fixed-Satellite Service in the conventional C- and Ku-bands. 
Applicants for Fixed-Satellite Service earth stations that qualify for 
routine processing in the conventional C- and Ku-bands may designate 
the Permitted Space Station List as a point of communication. Once such 
an application is granted, the earth station may communicate with any 
space station on the Permitted Space Station List, provided that the 
communications fall within the technical parameters and conditions in 
the earth station license and any limitations placed on the space 
station authorization or noted on the Permitted Space Station List.
    Power Spectral Density (PSD). The amount of an emission's 
transmitted carrier power applied at the antenna input falling within 
the stated bandwidth. The units of power spectral density are watts per 
hertz and are generally expressed in decibel form as dB(W/Hz) when 
measured in a 1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz 
bandwidth, or dB(W/1MHz) when measured in a 1 MHz bandwidth.
    Protection Areas. The geographic regions on the surface of the 
Earth where U.S. Department of Defense (DoD) meteorological satellite 
systems or National Oceanic and Atmospheric Administration (NOAA) 
meteorological satellite systems, or both such systems, are receiving 
signals from low earth orbiting satellites. Also, geographic protection 
areas around Ka-band feeder-link earth stations in the 1.6/2.4 GHz 
Mobile-Satellite Service are determined in the manner specified in 
Sec.  25.203(j).
    Radiodetermination-Satellite Service. A radio-communication service 
for the purpose of radio determination involving the use of one of more 
space stations. This service may also include feeder links necessary 
for its own operation. (RR)
    Routine Processing or Licensing. Expedited processing of unopposed 
applications for Fixed-Satellite Service earth stations communicating 
via geostationary satellites that satisfy the criteria in Sec. Sec.  
25.134(a), 25.134 (g), 25.138(a), 25.211(d), 25.212(c), 25.212(d), 
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)(4).
    Satellite Digital Audio Radio Service (SDARS). A radio-
communication service in which audio programming is digitally 
transmitted by one or more space stations directly to fixed, mobile, 
and/or portable stations, and which may involve complementary repeating 
terrestrial transmitters, telemetry, tracking and control facilities.
    Satellite system. A space system using one or more artificial earth 
satellites. (RR)
    Selected assignment. A spectrum assignment voluntarily identified 
by a 2 GHz MSS licensee at the time that the licensee's first 2 GHz 
Mobile-Satellite Service satellite reaches its intended orbit.
    Shapeable Antenna Beam. A satellite transmit or receive antenna 
beam, the gain and/or gain pattern of which can be modified at any 
time.
    Spacecraft. A man-made vehicle which is intended to go beyond the 
major portion of the Earth's atmosphere. (RR)
    Space Radio-Communication. Any radio-communication involving the 
use of one or more space stations or the use of one or more reflecting 
satellites or other objects in space.
    Space Station. A station located on an object which is beyond, is 
intended to go beyond, or has been beyond, the major portion of the 
Earth's atmosphere. (RR)
    Space System. Any group of cooperating earth stations and/or space 
stations employing space radio-communication for specific purposes. 
(RR)
    Terrestrial Station. A station effecting terrestrial radio-
communication.
    Vehicle-Mounted Earth Station (VMES). An earth station, operating 
from a motorized vehicle that travels primarily on land, that receives 
from and transmits to geostationary orbit Fixed-Satellite Service space 
stations and operates within the United States pursuant to the 
requirements set out in Sec.  25.226.
    3. In Sec.  25.111, revise the section heading and paragraph (b), 
and add paragraph (d) to read as follows:


Sec.  25.111  Additional information and ITU cost recovery.

* * * * *

[[Page 67190]]

    (b) Applicants and licensees of radio stations governed by this 
part must provide the Commission with the information required for 
Advance Publication, Coordination, and Notification of frequency 
assignment filings pursuant to the ITU Radio Regulations (RR) including 
due diligence information. No protection from interference caused by 
radio stations authorized by other Administrations is guaranteed unless 
coordination procedures are timely completed or, with respect to 
individual administrations, coordination agreements are successfully 
completed. A license for which such coordination has not been completed 
may be subject to additional terms and conditions required for 
coordination of the frequency assignments with other Administrations.
* * * * *
    (d) The Commission will submit the information required by 
paragraphs (b) or (c) of this section to the ITU only after the party 
in interest has submitted a signed declaration that it unconditionally 
accepts all consequent ITU cost-recovery responsibility. The 
declaration must be electronically filed in the ``Other Filings'' tab 
of the pertinent application file in the IBFS database, and a paper 
copy must be mailed to the International Bureau, Satellite Division. 
The filing must reference the pertinent call sign and international 
satellite name and include the name(s), address(es), email address(es), 
and telephone and fax number(s) of a contact person, or persons, 
responsible for cost recovery inquiries and ITU correspondence and 
filings. Supplements must be filed as necessary to apprise the 
Commission of changes in the contact information. The party in interest 
must remit payment of any resultant cost-recovery fee to the ITU by the 
due date specified in the pertinent ITU invoice. A license granted in 
reliance on such a commitment and disposition of any pending or future 
Part 25 application from the same party will be contingent upon 
discharge of any such payment obligation.
    4. In Sec.  25.112, add paragraph (a)(4) to read as follows:


Sec.  25.112  Defective applications.

    (a) * * *
    (4) The application is identical to a pending application that was 
timely filed pursuant to Sec. Sec.  25.157 or 25.158 of this chapter.
* * * * *
    5. In Sec.  25.113, revise the section heading and paragraphs (a) 
and (b), remove and reserve paragraphs (c) through (e), and revise 
paragraphs (f) and (h) to read as follows:


Sec.  25.113  Provisions pertaining to station construction, launch 
authority, and operation of spare satellites.

    (a) Construction permits are not required for earth stations. 
Construction of such stations may commence prior to grant of an earth 
station license at the applicant's own risk, subject to the 
requirements of Sec.  1.1312 and Part 17 of this chapter concerning 
environmental processing and construction, marking, and lighting of 
antenna structures.
    (b) Construction permits are not required for Ancillary Terrestrial 
Component (ATC) stations. A party with licenses issued under this part 
for launch and operation of 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-
Satellite Service space stations and operation of associated ATC 
facilities may commence construction of ATC base stations at its own 
risk after commencing physical construction of the space stations, 
subject to the requirements of Sec.  1.1312 and Part 17 of this 
chapter. Such an MSS/ATC licensee may also conduct equipment tests for 
the purpose of making adjustments and measurements necessary to ensure 
compliance with the terms of its ATC license, applicable rules in this 
Part, and technical design requirements. Prior to commencing such 
construction and pre-operational testing, an MSS/ATC licensee must 
notify the Commission of the commencement of physical satellite 
construction and the licensee's intention to construct and test ATC 
facilities. This notification must be filed electronically in the 
appropriate file in the International Bureau Filing System database. 
The notification must specify the frequencies the licensee proposes to 
use for pre-operational testing and the name, address, and telephone 
number of a representative for the reporting and mitigation of any 
interference resulting from such testing. MSS/ATC licensees engaging in 
pre-operational testing must comply with Sec. Sec.  5.83, 5.85(c), 
5.111, and 5.117 of this chapter regarding experimental operations. An 
MSS/ATC licensee may not offer ATC service to the public for 
compensation during pre-operational testing.
    (c)-(e) [Reserved]
    (f) Construction permits are not required for U.S.-licensed space 
stations, except for stations that the applicant proposes to operate to 
disseminate program content to be received by the public at large, 
rather than only by subscribers. Construction of a station for which a 
construction permit is not required may commence, at the applicant's 
own risk, prior to grant of a license. Before commencing pre-grant 
construction, however, an applicant must notify the Commission in 
writing that it plans to begin construction at its own risk.
* * * * *
    (h) Licensees of Non-Geostationary Satellite Orbit (NGSO) satellite 
systems need not file separate applications to operate technically 
identical in-orbit spares authorized as part of a blanket license 
pursuant to Sec.  25.114(e) or any other satellite blanket licensing 
provision in this part. However, the licensee must notify the 
Commission within 10 days of bringing the in-orbit spare into operation 
and certify that operation of this space station did not cause the 
licensee to exceed the total number of operating space stations 
authorized by the Commission and that the licensee will operate the 
space station within the applicable terms and conditions of its 
license.
    6. In Sec.  25.114, remove paragraph (e) and revise paragraphs (a), 
(c)(4) through (c)(13), (d)(1) through (d)(5), (d)(7), (d)(10), 
(d)(11), and (d)(13) to read as follows:


Sec.  25.114  Applications for space station authorizations.

    (a) A comprehensive proposal must be submitted for each proposed 
GSO space station or NGSO satellite constellation on FCC Form 312, Main 
Form and Schedule S, together with attached exhibits as described in 
paragraph (d) of this section. An application for blanket authority for 
an NGSO satellite constellation comprised of space stations that are 
not all technically identical must provide the information required by 
paragraphs (c) and (d) of this section for each type of space station 
in the constellation.
* * * * *
    (c) * * *
    (4)(i) For each space station transmitting and receiving antenna 
beam (including telemetry and tracking beams but not command beams), 
specify channel center frequencies and bandwidths and polarization 
plan. For command beams, specify the center frequencies within a 5 MHz 
range or a range of 2 percent of the channel bandwidth, whichever is 
smaller, and the polarization plan. If the space station can vary 
channel bandwidth in a particular frequency band with on-board 
processing, specify only the range of frequencies in that band over 
which the beam can operate and the polarization plan.
    (ii) Specify peak antenna gain, maximum EIRP, and maximum EIRP 
density for each space station transmitting antenna beam. If the

[[Page 67191]]

satellite uses shapeable antenna beams, as defined in Sec.  25.103, 
specify instead peak antenna gain, maximum possible EIRP, and maximum 
possible EIRP density within each shapeable beam's proposed coverage 
area. Provide this information for each frequency band in which the 
transmitting antenna would operate. In all cases, specify EIRP density 
in dBW/Hz. If the EIRP density varies over time, specify the maximum 
possible EIRP density.
    (iii)-(iv) [Reserved]
    (v) For each space station receiving beam other than command beams, 
specify the peak antenna gain and the gain-to-temperature ratio at beam 
peak. For receiving beams fed into transponders, also specify the 
minimum and maximum saturation flux density at beam peak. If the 
satellite uses shapeable beams, specify the peak antenna gain and 
minimum and maximum gain-to-temperature ratio within each shapeable 
beam's proposed coverage area, and for shapeable receiving beams fed 
into transponders, specify the minimum and maximum saturation power 
flux density within the 0 dB antenna gain isoline. Provide this 
information for each frequency band in which the receiving beam can 
operate. For command beams, indicate frequencies within a 5 MHz range 
or a range of 2 percent of the allocated bandwidth, whichever is 
smaller, and specify the required minimum uplink power flux density;
    (vi) Specify predicted space station antenna gain contour(s) for 
each transmit and receive antenna beam and geostationary orbital 
location or non-geostationary orbit requested, except for beams where 
the contour at 8 dB below peak falls entirely beyond the edge of the 
visible Earth. These contour(s) should be plotted on an area map at 2 
dB intervals down to 10 dB below the peak gain and at 5 dB intervals 
between 10 dB and 20 dB below the peak gain. Applications for 
geostationary orbit satellites must present this information in a GIMS-
readable format. For satellites with shapeable antenna beams, provide 
the contours, as defined above, for the transmitting beam configuration 
that results in the highest EIRP density for the beams listed in 
paragraph (c)(4)(ii) of this section and for the receiving beam 
configuration with the smallest gain-to-temperature ratio and the 
highest required saturation power flux density for the beams listed in 
paragraph (c)(4)(v) of this section. If the shapeable beams are also 
steerable, include the contours that would result from moving the beam 
peak around the limit of the effective beam peak area and the 0 dB 
antenna gain isoline. The proposed maximum coverage area must be 
clearly specified by the applicant;
    (5) For space stations in geostationary orbit:
    (i) Orbital location requested,
    (ii) [Reserved]
    (iii) East-west station-keeping range,
    (iv) North-south station-keeping range, and
    (v) Accuracy to which antenna axis attitude will be maintained;
    (6) For space stations in non-geostationary orbits:
    (i) The number of space stations and the number of orbital planes,
    (ii) The inclination of the orbital plane(s),
    (iii) The orbital period,
    (iv) The apogee,
    (v) The perigee,
    (vi) The argument(s) of perigee,
    (vii) Active service arc(s),
    (viii) Right ascension of the ascending node(s), and
    (ix) For each satellite in each orbital plane, the initial phase 
angle at the reference time;
    (7) The frequency bands, types of services, and the coverage areas;
    (8) Calculated maximum power flux density levels within each 
coverage area and energy dispersal bandwidths, if any, needed for 
compliance with Sec.  25.208, for angles of arrival of 5[deg], 10[deg], 
15[deg], 20[deg], and 25[deg] above the horizontal;
    (9) [Reserved]
    (10) Estimated operational lifetime;
    (11) Whether the space station is to be operated on a common 
carrier basis;
    (12) [Reserved]
    (13) The polarization information for determining compliance with 
Sec.  25.210(a)(1), (a)(3), and (i);
* * * * *
    (d) * * *
    (1) Overall description of system facilities, operations and 
services and explanation of how uplink frequency bands can be connected 
to downlink frequency bands;
    (2) [Reserved]
    (3) For satellites with large numbers of identical fixed spot 
beams, other than DBS satellites, applicants may, as an alternative to 
submitting the information described in paragraph (c)(4)(vi) above with 
respect to these beams, provide the predicted antenna gain pattern for 
one transmit and receive antenna beam, along with one of the following:
    (i) A map showing all of the spot beams depicted on the surface of 
the Earth;
    (ii) A table identifying the beam boresight locations in latitude 
and longitude to the nearest 0.1 degree; or
    (iii) A map of the isolines formed by combining some or all of the 
spot beams into one composite beam;
    (4) [Reserved]
    (5) Calculation of maximum power flux density levels within each 
coverage area and of the energy dispersal, if any, needed for 
compliance with Sec.  25.208, for angles of arrival other than 5[deg], 
10[deg], 15[deg], 20[deg], and 25[deg] above the horizontal;
* * * * *
    (7) Applicants for authorizations for space stations in the Fixed-
Satellite Service must also include the information specified in Sec.  
25.140(b)(2) of this part. Applicants for authorizations for space 
stations in the 17/24 GHz Broadcasting-Satellite Service must also 
include the information specified in Sec.  25.140(b)(3), (b)(4), 
(b)(5), or (b)(6) of this part;
* * * * *
    (10) Applications for space station authorizations in the 1.6/2.4 
GHz Mobile-Satellite Service must also provide all information required 
by Sec.  25.143(b);
    (11) Applications for space stations in the Direct Broadcast 
Satellite Service must include a clear and detailed statement of 
whether the space station is to be operated on a broadcast or non-
broadcast basis;
* * * * *
    (13) For satellite applications in the Direct Broadcast Satellite 
Service, if the proposed system's technical characteristics differ from 
those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder 
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A of the 
ITU Radio Regulations, each applicant must provide:
    (i) The information requested in Appendix 4 of the ITU Radio 
Regulations. Further, applicants must provide sufficient technical 
showing that the proposed system could operate satisfactorily if all 
assignments in the BSS and feeder link Plans were implemented.
    (ii) Analyses of the proposed system with respect to the limits in 
Annex 1 to Appendices 30 and 30A of the ITU Radio Regulations;
* * * * *
    7. In Sec.  25.115, revise paragraphs (a)(2), (a)(3), (d), and (e) 
and add paragraph (j) to read as follows:


Sec.  25.115  Application for earth station authorizations.

    (a) * * *
    (2) Applicants for licenses for transmitting earth stations in the 
Fixed-Satellite Service may file on Form 312EZ if all of the following 
criteria are met:
    (i) The application is for a single station with only one 
transmitting antenna;

[[Page 67192]]

    (ii) The earth station will transmit in the 5925-6425 MHz band, the 
14.0-14.5 GHz band, or the 28.35-28.6 GHz and/or 29.25-30.0 GHz band;
    (iii) The earth station will not be installed in ships, aircraft, 
or other moving vehicles and operated while the vehicles are in motion;
    (iv) The equivalent diameter of the proposed antenna is 4.5 meters 
or greater if the station will transmit in the 5925-6425 MHz band or 
1.2 meters or greater if the station will transmit in the 14.0-14.5 GHz 
band;
    (v) If the station will transmit in the 5925-6425 MHz band or the 
14.0-14.5 GHz band, the performance of the proposed antenna comports 
with the standards in Sec.  25.209(a) and (b) and is verified in 
accordance with applicable provisions of Sec.  25.132;
    (vi) If the station will transmit in the 5925-6425 MHz band or the 
14.0-14.5 GHz band, input power to the antenna will not exceed 
applicable limits specified in Sec. Sec.  25.211 and 25.212; if the 
station will transmit in the 28.35-28.6 GHz and/or 29.25-30.0 GHz band, 
off-axis EIRP density will not exceed the levels specified in Sec.  
25.138(a);
    (vii) Operation of the proposed station has been successfully 
coordinated with terrestrial systems, if the station would transmit in 
the 5925-6425 MHz band;
    (viii) The applicant has provided an environmental impact statement 
pursuant to Sec.  1.1311 of the Commission's rules, if required; and
    (ix) The applicant does not propose to communicate via non-U.S.-
licensed satellites not on the Permitted List.
    (3) Unless the Commission orders otherwise, an application filed on 
Form 312EZ in accordance with paragraph (a)(2) of this section will be 
deemed granted 35 days after the date of the public notice that the 
application has been accepted for filing, provided no objection is 
filed during the 30-day notice period.
* * * * *
    (d) Mobile-Satellite Service user transceivers need not be 
individually licensed. Service vendors may file blanket applications 
for such transceivers using FCC Form 312, Main Form and Schedule B, 
specifying the number of units to be covered by the blanket license. A 
blanket license application for 1.5/1.6 GHz MSS user transceivers must 
include an explanation of how the applicant will comply with the 
priority and preemptive access requirements in Sec.  25.287 of this 
chapter.
    (e) Earth stations operating in the Fixed-Satellite Service in the 
20/30 GHz band: License applications for Fixed-Satellite Service earth 
stations that would communicate via geostationary satellites in the 
18.3-20.2 GHz and 28.35-30.0 GHz bands must include the information 
required by Sec.  25.138. Such earth stations may be licensed on a 
blanket basis. An application for a blanket license for such earth 
stations must specify the number of terminals to be covered by the 
license.
* * * * *
    (j) An application for a new fixed earth station or modification 
involving alteration of the overall height of one or more existing 
earth station antenna structures must include the FCC Antenna Structure 
Registration Number(s) for the antenna structure(s), if assigned. If no 
such number has been assigned, the application must state whether prior 
FAA notification is required by Part 17 of this chapter and, if so, 
whether the applicant or owner of the structure has notified the FAA of 
the proposed construction or alteration and applied for an Antenna 
Structure Registration Number in accordance with Part 17. Applicants 
who maintain that prior FAA notification is not required for 
construction or alteration of a structure with overall height more than 
6.1 meters above ground level must explain in the application why such 
prior notification is not required.
    8. In Sec.  25.118, revise paragraphs (a)(2)(i), (e)(5) and (e)(8) 
to read as follows:


Sec.  25.118  Modifications not requiring prior authorization.

    (a) * * *
    (2) * * *
    (i) The added, changed, or replaced facilities conform to any 
applicable requirements in Sec.  25.209;
* * * * *
    (e) * * *
    (5) The space station licensee certifies that it has completed any 
necessary coordination of its space station at the new location with 
other potentially affected space station operators, including 
coordination of station-keeping volume.
* * * * *
    (8) A DBS space station licensee must certify that there will be no 
increase in interference due to the operations of the relocated space 
station that would require the Commission to submit a proposed 
modification to the ITU Appendix 30 Broadcasting-Satellite Service 
(``BSS'') Plan and/or the Appendix 30A feeder link Plan to the ITU 
Radio-communication Bureau.
* * * * *
    9. In Sec.  25.121, revise paragraph (d) to read as follows:


Sec.  25.121  License term and renewals.

* * * * *
    (d) Space stations. (1) For geostationary-orbit space stations, the 
license term will begin at 3 a.m. Eastern Time on the date when the 
licensee certifies pursuant to Sec.  25.173(b) of this chapter that the 
space station has been successfully placed into orbit at its assigned 
orbital location and that its operations fully conform to the terms and 
conditions of the space station authorization.
    (2) For non-geostationary orbit space stations, the license period 
will begin at 3 a.m. Eastern Time on the date when the licensee 
certifies pursuant to Sec.  25.173(b) that operation of an initial 
space station in its authorized orbit is fully compliant with the 
license terms and conditions. Operating authority for all space 
stations subsequently launched pursuant to the license will terminate 
upon expiration of the license.
* * * * *
    10. In Sec.  25.129, revise paragraph (c) to read as follows:


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

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


Sec.  25.130  Filing requirements for transmitting earth stations.

* * * * *
    (e) [Reserved]
* * * * *
    (g) Parties may apply for a single earth station license covering 
operation of multiple fixed antennas transmitting in frequency bands 
shared with terrestrial services on a co-primary basis if the proposed 
antennas will all be sited within an area bounded by one second of 
latitude and one second of longitude. Parties may apply for a single 
earth station license covering operation of multiple fixed antennas 
transmitting in frequency bands not shared with terrestrial services if 
the proposed antennas will all be sited within an area

[[Page 67193]]

bounded by 10 seconds of latitude and 10 seconds of longitude. These 
restrictions do not apply to network applications filed pursuant to 
Sec.  25.134, blanket applications for 20/30 GHz earth stations, or 
blanket applications filed pursuant to Sec. Sec.  25.221, 25.222, or 
25.226 of this chapter.
    12. In Sec.  25.131, revise the section heading, paragraph (b), and 
paragraph (j)(2) to read as follows:


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

* * * * *
    (b) Receive-only earth stations in the Fixed-Satellite Service that 
operate with U.S.-licensed satellites, or that operate with non-U.S.-
licensed satellites on the Permitted Space Station List in accordance 
with paragraph (j) of this section, may be registered with the 
Commission in order to protect them from interference from terrestrial 
microwave stations in bands shared co-equally with the Fixed Service in 
accordance with the procedures of Sec. Sec.  25.203 and 25.251, subject 
to the stricture in Sec.  25.209(e).
* * * * *
    (j) * * *
    (2) Operators of receive-only earth stations used to receive 
transmissions from non-U.S.-licensed space stations on the Permitted 
Space Station List need not file for licenses, provided that the space 
station operator and earth station operator comply with all applicable 
rules in this chapter and with the applicable conditions in the 
Permitted Space Station List.
    13. In Sec.  25.132, revise paragraphs (a)(1), (a)(2), (b)(3), and 
the first sentence of paragraph (d) to read as follows:


Sec.  25.132  Verification of earth station antenna performance 
standards.

    (a) (1) Except for applications for 20/30 GHz earth stations 
subject to Sec.  25.138 of this chapter and applications subject to the 
requirement in paragraph (b)(3) of this section, applications for 
transmitting earth stations in the Fixed-Satellite Service, including 
feeder-link stations, must include 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 either the test results demonstrate 
that the equipment meets the performance standards in Sec.  25.209, or 
the tested antenna performance, taking into account the applicant's 
proposed antenna input power spectral density levels, is consistent 
with either applicable off-axis EIRP density standards in Part 25 or 
with coordinated off-axis EIRP density limits. The licensee must be 
prepared to submit the antenna radiation pattern measurements to the 
Commission on request.
    (2) Applicants for transmitting earth stations communicating with 
geostationary-orbit space stations in the 20/30 GHz band must provide 
the antenna measurements specified in Sec.  25.138(d) and (e).
    (b) * * *
    (3) Except as provided in paragraph (d) of this section, applicants 
seeking authority to operate a Fixed-Satellite Service earth station 
pursuant to the requirements in Sec. Sec.  25.218, 25.220, 25.221, 
25.222, 25.223 or 25.226, must submit a copy of the manufacturer's 
range test plots of the antenna gain patterns specified in paragraph 
(b)(1) of this section.
* * * * *
    (d) For each new or modified transmitting antenna over 3 meters in 
diameter, except antennas subject to measurement under Sec.  25.138(d) 
of this chapter, the following on-site verification measurements must 
be completed at one frequency on an available transponder in each 
frequency band of interest and submitted to the Commission. * * *
* * * * *
    14. In Sec.  25.133, revise the first sentences of paragraphs 
(a)(1) and (a)(2), paragraph (b)(1) introductory text, and paragraph 
(b)(1)(v) to read as follows:


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

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


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

    (a)(1) [Reserved]
* * * * *
    (b) VSAT networks operating in the 12/14 GHz band. An applicant for 
a VSAT network authorization proposing to operate with transmitted 
power spectral density and/or antenna input power in excess of the 
values specified in paragraph (g) of this section must comply with the 
procedures set forth in Sec.  25.220.
* * * * *
    (e) VSAT networks operating in the 12/14 GHz bands may use more 
than one hub earth station, and the hubs may be sited at different 
locations.
    (f) 12/14 GHz VSAT operators may use temporary fixed earth stations 
as hub earth stations or remote earth stations in their networks, but 
must specify, in their license applications, the number of temporary 
fixed earth stations they plan to use.
    (g) Applications for VSAT operation in the 12/14 GHz bands that 
meet the following requirements will be routinely processed:
    (1) Equivalent antenna diameter is 1.2 meters or more and the 
application includes certification of conformance with antenna 
performance standards pursuant to Sec.  25.132(a)(1) of this chapter.
    (2) The maximum transmitter power spectral density of a digital 
modulated carrier into any GSO FSS earth station antenna must not 
exceed -14.0 - 10log(N) dB(W/4 kHz). For a VSAT network using frequency 
division multiple access (FDMA) or time division multiple access (TDMA) 
technique, N is equal to one. For a VSAT network using code division 
multiple access (CDMA) technique, N is the maximum number of co-
frequency simultaneously transmitting earth stations in the same 
satellite receiving beam.
    (3) The maximum GSO FSS satellite EIRP spectral density of the 
digital modulated emission must not exceed 10 dB(W/4kHz) for all 
methods of modulation and accessing techniques.
    (4) The maximum transmitter power spectral density of an analog 
carrier into any GSO FSS earth station antenna must not exceed -8.0 
dB(W/4kHz) and the

[[Page 67194]]

maximum GSO FSS satellite EIRP spectral density must not exceed +17.0 
dB(W/4kHz).
    (5) Any earth station applicant filing an application to operate a 
VSAT network in the 12/14 GHz bands and planning to use a contention 
protocol must certify that its contention protocol usage will be 
reasonable.
    (h) VSAT operators licensed pursuant to this section are prohibited 
from using remote earth stations in their networks that are not 
designed to stop transmission when synchronization to signals from the 
target satellite fails.
    16. In Sec.  25.135, remove paragraph (d) and revise the section 
heading, remove and reserve paragraph (b), and revise paragraph (c) to 
read as follows:


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

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


Sec.  25.136  [Removed and Reserved]

    17. Remove and reserve Sec.  25.136.
    18. In Sec.  25.138, revise the section heading and paragraph (a) 
introductory text, remove and reserve paragraph (a)(5), and revise 
paragraphs (b) and (d) through (g) to read as follows:


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

    (a) Applications for earth station licenses in the GSO FSS in the 
18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands 
that meet the following requirements will be routinely processed:
* * * * *
    (5) [Reserved]
* * * * *
    (b) An application proposing levels in excess of those specified in 
paragraph (a) of this section must demonstrate that the higher proposed 
power is necessary to close the communications link and include one of 
the following:
    (1) An interference analysis, demonstrating that the proposed 
operation is compatible with operation of other authorized or proposed 
systems communicating via space stations within 6 degrees of the 
proposed satellite point(s) of communication, providing details of its 
proposed radio frequency carriers which it believes should be taken 
into account in this analysis, and including, for each such radio 
frequency carrier, the link noise budget, modulation parameters, and 
overall link performance analysis; or
    (2) Certification by the applicant that operators of all co-
frequency GSO FSS space stations within 6 degrees of the proposed 
satellite point(s) of communication have acknowledged awareness of the 
applicant's proposed operation with the higher power densities and 
stated that they have no objection to such operation.
* * * * *
    (d)(1) The applicant must provide, for each earth station antenna 
type, a series of radiation patterns measured on a production antenna. 
The measurements must be performed on a calibrated antenna range and, 
at a minimum, must be made at the bottom, middle, and top frequencies 
of each requested uplink band. The radiation patterns are:
    (i) Co-polarized patterns for each of two orthogonal senses of 
polarization in two orthogonal planes of the antenna.
    (A) In the azimuth plane, plus and minus 10 degrees and plus and 
minus 180 degrees.
    (B) In the elevation plane, 0 to 30 degrees.
    (ii) Cross-polarization patterns in the E- and H-planes, plus and 
minus 10 degrees.
    (iii) Main beam gain.
    (2)(i) The tests specified in paragraph (d)(1) of this section are 
normally performed at the manufacturer's facility; but for antennas 
more than 3 meters in diameter that will only be assembled on-site, on-
site measurements may be used for product qualification data. If on-
site data is to be used for qualification, the test frequencies and 
number of patterns should follow, where possible, the requirements in 
paragraph (d)(1) of this section for at least one frequency.
    (ii) Certification that the testing required by paragraph (d)(2)(i) 
of this section has been satisfactorily performed must be included with 
the certification filed pursuant to Sec.  25.133(b).
    (e) Protection of downlink reception from adjacent satellite 
interference is based on either the antenna performance specified in 
Sec.  25.209 (a) and (b), or the actual receiving earth station antenna 
performance, if actual performance provides greater isolation from 
adjacent satellite interference. For purposes of ensuring the correct 
level of protection, the applicant must provide, for each earth station 
antenna type, antenna performance plots for the 18.3-18.8 GHz and 19.7-
20.2 GHz bands in the format prescribed in paragraph (d) of this 
section.
    (f) The holder of a blanket license pursuant to this section will 
be responsible for operation of any transceiver to receive GSO FSS 
service provided by that licensee or provided by another party with the 
blanket licensee's consent. Operators of GSO FSS space stations 
operating in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 
29.25-30.0 GHz bands must not transmit communications to or from user 
transceivers in the United States unless such communications are 
authorized under a service contract with the holder of a pertinent FCC 
blanket license or under a service contract with another party with 
authority for such transceiver operation delegated by such a blanket 
licensee.
    (g) A licensee applying for renewal of a license issued pursuant to 
this section must specify on FCC Form 312R the number of constructed 
earth stations.
    19. In Sec.  25.140, revise the section heading and paragraph (b) 
introductory text, remove and reserve paragraph (b)(1), and revise 
paragraph (b)(2) to read as follows:


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

* * * * *
    (b) Each applicant for a license for an FSS space station or 17/24 
GHz Broadcasting-Satellite Service space station must provide the 
following information, in addition to that required by Sec.  25.114:
    (1) [Reserved]
    (2) Except as set forth in paragraphs (b)(3), (b)(4), (b)(5), and 
(b)(6) of this section, applicants must provide an interference 
analysis to demonstrate the compatibility of their proposed system with 
respect to authorized space stations within 2 degrees of any proposed 
satellite point of communication. An applicant should provide details 
of its proposed radio frequency carriers which it believes should be 
taken into account in this analysis. At a minimum, the applicant must 
include, for each type of radio frequency carrier, the link noise 
budget, modulation parameters, and overall link performance analysis. 
(See appendices B and C to Licensing of Space Stations in the Domestic 
Fixed-Satellite Service, FCC 83-184, and the following public notices, 
copies of which are available in the Commission's EDOCS database: DA 
03-3863 and DA 04-1708.)
* * * * *
    20. In Sec.  25.142, remove and reserve paragraph (c).

[[Page 67195]]

Sec.  25.142  Licensing provisions for the non-voice, non-geostationary 
mobile-satellite service.

* * * * *
    (c) [Reserved]
* * * * *
    21. In Sec.  25.143, remove paragraphs (i) through (k) and remove 
and reserve paragraphs (d) and (e).


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

* * * * *
    (d)-(e) [Reserved]
* * * * *
    22. In Sec.  25.144, remove paragraph (a)(3)(iii) and remove and 
reserve paragraph (c).


Sec.  25.144  Licensing provisions for the 2.3 GHz satellite digital 
audio radio service.

* * * * *
    (c) [Reserved]
* * * * *
    23. In Sec.  25.145, remove and reserve paragraphs (a) and (f)(1).


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

    (a) [Reserved]
* * * * *
    (f)(1) [Reserved]
* * * * *
    24. In Sec.  25.146, remove paragraph (n) and remove and reserve 
paragraphs (c), (k), and (l) as follows:


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

* * * * *
    (c) [Reserved]
* * * * *
    (k)-(l) [Reserved]
* * * * *
    25. In Sec.  25.149, revise paragraphs (a)(1), (a)(2)(ii) and 
(iii), (b)(1)(ii), and (b)(5)(ii) and (iii) to read as follows:


Sec.  25.149  Application requirements for ancillary terrestrial 
components in the Mobile-Satellite Service networks operating in the 
1.5./1.6 GHz, 1.6/2.4 GHz and 2 GHz Mobile-Satellite Service.

    (a) * * *
    (1) ATC must be deployed in the forward-band mode of operation 
whereby the ATC mobile terminals transmit in the MSS uplink bands and 
the ATC base stations transmit in the MSS downlink bands in portions of 
the 2 GHz MSS band, the 1.5/1.6 GHz MSS bands, and the 1.6/2.4 GHz MSS 
bands.

    Note to Paragraph (a)(1): A 1.5/1.6 GHz MSS licensee is 
permitted to apply for ATC authorization based on a non-forward-band 
mode of operation provided it is able to demonstrate that the use of 
a non-forward-band mode of operation would produce no greater 
potential interference than that produced as a result of 
implementing the rules of this section.

    (2) * * *
    (ii) In the 1.5/1.6 GHz MSS bands, ATC operations are limited to 
the frequency assignments authorized and internationally coordinated 
for the MSS system of the MSS licensee that seeks ATC authority.
    (iii) In the 1.6/2.4 GHz MSS bands, ATC operations are limited to 
the 1610-1617.775 MHz, 1621.35-1626.5 MHz, and 2483.5-2495 MHz bands 
and to the specific frequencies authorized for use by the MSS licensee 
that seeks ATC authority.
* * * * *
    (b) * * *
    (1) * * *
    (ii) For the 1.5/1.6 GHz MSS bands, an applicant must demonstrate 
that it can provide space-segment service covering all 50 states, 
Puerto Rico, and the U.S. Virgin Islands 100 percent of the time, 
unless it is not technically possible for the MSS operator to meet the 
coverage criteria from its orbital position.
* * * * *
    (5) * * *
    (ii) In the 1.6/2.4 GHz MSS bands, MSS ATC is limited to no more 
than 7.775 MHz of spectrum in the 1610-1626.5 MHz band and 11.5 MHz of 
spectrum in the 2483.5-2500 MHz band. Licensees in these bands may 
implement ATC only on those channels on which MSS is authorized, 
consistent with the Big LEO band-sharing arrangement.
    (iii) In the 1.5/1.6 GHz MSS bands, MSS ATC is limited to those 
frequency assignments available for MSS use in accordance with the 
Mexico City Memorandum of Understanding, its successor agreements or 
the result of other organized efforts of international coordination.
* * * * *
    26. In Sec.  25.154, revise paragraphs (d) and (e) to read as 
follows:


Sec.  25.154  Opposition to applications and other pleadings.

* * * * *
    (d) Reply comments by a party that filed a petition to deny may be 
filed in response to pleadings filed pursuant to paragraph (c) or (e) 
of this section within 5 days after expiration of the time for filing 
oppositions unless the Commission extends the filing deadline and must 
be in accordance with other applicable provisions of Sec. Sec.  1.41 
through 1.52 of this chapter, except that such reply comments must be 
filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart 
Y of this chapter.
    (e) Within 30 days after a petition to deny an application filed 
pursuant to Sec.  25.220 is filed, the applicant may file an opposition 
to the petition and must file a statement with the Commission, either 
in conjunction with, or in lieu of, such opposition, explaining whether 
the applicant has resolved all outstanding issues raised by the 
petitioner. This statement and any conjoined opposition must be in 
accordance with the provisions of Sec. Sec.  1.41 through 1.52 of this 
chapter applicable to oppositions to petitions to deny, except that 
such reply comments must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.
    27. In Sec.  25.161, revise paragraph (b) to read as follows:


Sec.  25.161  Automatic termination of station authorization.

* * * * *
    (b) The expiration of the license term, unless, in the case of an 
earth station license, an application for renewal of the license has 
been filed with the Commission pursuant to Sec.  25.121(e) or, in the 
case of a space station license, an application for extension of the 
license term has been filed with the Commission; or
* * * * *
    28. In Sec.  25.164, revise paragraphs (a)(4), (b)(4), and (c) 
through (g) and add paragraph (h) to read as follows:


Sec.  25.164  Milestones.

    (a) * * *
    (4) Five years: Launch the space station, position it in its 
assigned orbital location, and operate it in accordance with the 
station authorization.
    (b) * * *
    (4) Three years, six months: Launch the first space station, place 
it in the authorized orbit, and operate it in accordance with the 
station authorization.
* * * * *
    (c) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, will be required to submit a copy of their binding 
non-contingent satellite construction contracts with the Commission on 
or before the milestone date for entering into such a contract.
    (d) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, will be required to submit information to the 
Commission

[[Page 67196]]

sufficient to demonstrate that the licensee has completed the critical 
design review of the licensed satellite system on or before the 
milestone date scheduled for entering into such completion.
    (e) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, will be required to submit information to the 
Commission sufficient to demonstrate that the licensee has commenced 
physical construction of its licensed spacecraft on or before the 
milestone date for such commencement.
    (f) Licensees of all space stations, other than DBS and SDARS space 
stations, must, on or before an applicable deadline for operation or 
launch and operation specified in paragraph (a) or (b) of this section, 
demonstrate compliance with that milestone requirement. Compliance with 
a milestone requirement contained in paragraph (a)(4), (b)(4), or 
(b)(5) of this section may be demonstrated by certifying that the space 
station has or the space stations have been launched and placed in the 
authorized orbital location or non-geostationary orbit(s) and that in-
orbit operation of the space station or stations has been tested and 
found to be consistent with the terms of the authorization.
    (g) Licensees of satellite systems that include both non-
geostationary orbit satellites and geostationary orbit satellites, 
other than DBS and DARS satellite systems, will be required to comply 
with the schedule set forth in paragraph (a) of this section with 
respect to the geostationary orbit satellites, and with the schedule 
set forth in paragraph (b) of this section with respect to the non-
geostationary orbit satellites.
    (h) In cases where the Commission grants a satellite authorization 
in different stages, such as a license for a satellite system using 
feeder links or inter-satellite links, the earliest of the milestone 
schedules will be applied to the entire satellite system.
    29. Add an undesignated center heading and Sec. Sec.  25.170 
through 25.173 to Subpart B to read as follows:

Reporting Requirements for Space Station Licensees

Sec.
25.170 Annual reporting requirements.
25.171 Contact information reporting requirements.
25.172 Requirements for reporting space station control 
arrangements.
25.173 Results of in-orbit testing.


Sec.  25.170  Annual reporting requirements.

    All operators of space stations licensed under Part 25 or granted 
U.S. market access must, on June 30 of each year, file a report with 
the International Bureau and the Commission's Columbia Operations 
Center, 9200 Farm House Lane, Columbia, MD 21046, containing the 
following information:
    (a) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (b) Identification of any space station(s) not available for 
service or otherwise not performing to specifications, any spectrum 
within the scope of the Part 25 license or market access grant that the 
space station is unable to use, the cause(s) of these difficulties, and 
the date any space station was taken out of service or the malfunction 
identified; and
    (c) A current listing of the names, titles, addresses, email 
addresses, and telephone numbers of the points of contact for 
resolution of interference problems and for disaster response. Contact 
personnel should include those responsible for resolution of short 
term, immediate interference problems at the system control center, and 
those responsible for long term engineering and technical design 
issues.

    Note to Sec.  25.170:  Space station operators are also subject 
to outage reporting requirements in Part 4 of this chapter.

Sec.  25.171  Contact information reporting requirements.

    If contact information filed in an earth station application or 
pursuant to Sec.  25.170(c) changes, the operator must file corrected 
information with both the International Bureau and the Columbia Field 
Office electronically in the Commission's International Bureau Filing 
System (IBFS), in the ``Other Filings'' tab of the station's current 
authorization file, and with the Commission's Columbia Operations 
Center, at the address listed in Sec.  25.170. The operator must file 
the updated information within 10 days.


Sec.  25.172  Requirements for reporting space station control 
arrangements.

    (a) The operator of any space station licensed by the Commission or 
granted U.S. market access must file the following information with the 
Commission prior to commencing commercial operation with the space 
station, or, in the case of a non-U.S.-licensed space station, prior to 
commencing commercial operation with U.S. earth stations.
    (1) The information required by Sec.  25.170(c).
    (2) The call signs of any telemetry, tracking, and telecommand 
earth station(s) communicating with the space station from any site in 
the United States.
    (3) The location, by city and country, of any telemetry, tracking, 
and telecommand earth station that communicates with the space station 
from any point outside the United States.
    (b) The information required by paragraph (a) of this section must 
be filed with the Commission's Columbia Operations Center, at the 
address listed in Sec.  25.170. If such information becomes invalid due 
to a change of circumstances, the operator must file updated 
information in the same manner within 10 days, except with respect to 
temporary changes that will be in effect for less than 30 days, in 
which case no update is necessary.


Sec.  25.173  Results of in-orbit testing.

    (a) Space station operators must measure the co-polarized and 
cross-polarized performance of space station antennas through in-orbit 
testing and submit the measurement data to the Commission upon request.
    (b)(1) Within 15 days after completing in-orbit testing of a space 
station licensed under this part, the operator must notify the 
Commission that such testing has been completed and:
    (i) Certify that the space station's measured performance is 
consistent with the station authorization and that the space station is 
capable of using its assigned frequencies; or
    (ii) Inform the Commission of any discrepancy. The licensee must 
also indicate in the filing whether the space station has been placed 
in the assigned geostationary orbital location or non-geostationary 
orbit.
    (2) If the licensee files a certification pursuant to paragraph 
(b)(1)(i) of this section, before the space station has been placed in 
its assigned orbit or orbital location, the licensee must separately 
notify the Commission that the space station has been placed in such 
orbit or orbital location within 3 days after such placement.


Sec.  25.201  [Removed and Reserved]

    30. Remove and reserve Sec.  25.201.
    31. In Sec.  25.202, revise the section heading, remove and reserve 
paragraph (c), and revise paragraph (g) to read as follows:


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

* * * * *
    (c) [Reserved]
* * * * *
    (g) Telemetry, tracking and command functions for U.S.-licensed 
satellites must be conducted at either or both

[[Page 67197]]

edges of the assigned band(s). Frequencies, polarization and coding 
must be selected to minimize interference into other satellite networks 
and within the operator's own satellite system.
    32. In Sec.  25.204, revise the section heading, paragraphs (e) and 
(f) and remove and reserve paragraph (g) to read as follows:


Sec.  25.204  Power limits for earth stations.

* * * * *
    (e) To the extent specified in paragraphs (e)(1)-(4) of this 
section, earth stations in the Fixed-Satellite Service may employ 
uplink adaptive power control or other methods of fade compensation to 
facilitate transmission of uplinks at power levels required for desired 
link performance while minimizing interference between networks.
    (1) Transmissions from FSS earth-stations in the 14.0-14.5 GHz 
band, including stations that have been routinely licensed pursuant to 
Sec. Sec.  25.134, 25.211, or 25.212, may exceed the uplink EIRP and 
EIRP density limits specified in the station authorization under 
conditions of uplink fading due to precipitation by an amount not to 
exceed 1 dB above the actual amount of monitored excess attenuation 
over clear sky propagation conditions. EIRP levels must be returned to 
normal as soon as the attenuating weather pattern subsides. The maximum 
power level for power control purposes must be coordinated with 
adjacent satellite operators.
    (2) An FSS earth station transmitting to a geostationary space 
station in the 13.77-13.78 GHz band must not generate more than 71 dBW 
EIRP in any 6 MHz band. An FSS earth station transmitting to a non-
geostationary space station in the 13.77-13.78 GHz band must not 
generate more than 51 dBW EIRP in any 6 MHz band. Automatic power 
control may be used to increase the EIRP density in a 6 MHz uplink band 
in this frequency range to compensate for rain fade, provided that the 
power flux-density at the space station does not exceed the value that 
would result when transmitting with an EIRP of 71 dBW or 51 dBW, as 
appropriate, in that 6 MHz band in clear-sky conditions.
    (3) FSS earth stations transmitting to geostationary satellites in 
the 28.35-28.6 GHz or 29.25-30.0 GHz band may employ uplink adaptive 
power control or other methods of fade compensation. For stations 
employing uplink power control, the values in paragraphs (a)(1), 
(a)(2), and (a)(4) of Sec.  25.138 may be exceeded by up to 20 dB under 
conditions of uplink fading due to precipitation. The amount of such 
increase in excess of the actual amount of monitored excess attenuation 
over clear sky propagation conditions must not exceed 1.5 dB or 15 
percent of the actual amount of monitored excess attenuation in dB, 
whichever is larger, with a confidence level of 90 percent except over 
transient periods accounting for no more than 0.5 percent of the time 
during which the excess is no more than 4.0 dB.
    (4) Transmissions in the 24.75-25.25 GHz band from 17/24 GHz BSS 
feeder-link earth stations employing power control may exceed the 
values in paragraphs (b)(1), (b)(2), and (b)(4) of Sec.  25.223 by up 
to 20 dB under conditions of uplink fading due to precipitation. The 
amount of such increase in excess of the actual amount of monitored 
excess attenuation over clear sky propagation conditions must not 
exceed 1.5 dB or 15 percent of the actual amount of monitored excess 
attenuation in dB, whichever is larger, with a confidence level of 90 
percent except over transient periods accounting for no more than 0.5 
percent of the time during which the excess is no more than 4.0 dB.
    (f) An earth station in the Fixed-Satellite Service transmitting in 
the 13.75-14 GHz band must have a minimum antenna diameter of 4.5 m, 
and the EIRP of any emission in that band should be at least 68 dBW and 
should not exceed 85 dBW.
    (g) [Reserved.]
* * * * *
    33. Revise Sec.  25.206 to read as follows:


Sec.  25.206  Station identification.

    The requirement to transmit station identification is waived for 
all radio stations licensed under this part with the exception of earth 
stations subject to the requirements of Sec.  25.281 of this chapter.
    34. In Sec.  25.208, revise paragraph (w) introductory text and add 
note to paragraph (w) to read as follows:


Sec.  25.208  Power flux density limits.

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

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

    35. In Sec.  25.209, remove and reserve paragraph (d) and revise 
paragraph (h)(1) to read as follows:


Sec.  25.209  Antenna performance standards.

* * * * *
    (d) [Reserved]
* * * * *
    (h)(1) The gain of any transmitting gateway earth station antenna 
operating in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, 
13.8-14.0 GHz, and 14.4-14.5 GHz bands and communicating with NGSO FSS 
satellites must lie below the envelope defined as follows:

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


Where: [thgr] is the angle in degrees from the axis of the main lobe, 
and dBi means dB relative to an isotropic radiator.
* * * * *
    36. In Sec.  25.210, remove paragraphs (k) and (l), remove and 
reserve paragraph (b), and revise paragraph (c) to read as follows:


Sec.  25.210  Technical requirements for space stations.

* * * * *
    (b) [Reserved]
    (c) Space station antennas operating in the Direct Broadcast 
Satellite Service or operating in the Fixed-Satellite Service for 
reception of feeder links for Direct Broadcast Service must be designed 
to provide a cross-polarization isolation such that the ratio of the 
on-axis co-polar gain to the cross-polar gain of the antenna in the 
assigned frequency band is at least 27 dB within the primary coverage 
area.
* * * * *
    37. In Sec.  25.211, remove paragraph (f) and revise paragraphs (d) 
and (e) to read as follows:


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

* * * * *
    (d) An earth station may be routinely licensed for transmission of 
analog video services in the 5925-6425 MHz band or 14.0-14.5 GHz band 
provided:
    (1) The application includes certification, pursuant to Sec.  
25.132(a)(1), of conformance with the antenna performance standards in 
Sec.  25.209(a) and (b);
    (2) An antenna with an equivalent diameter of 4.5 meters or greater 
will be used for such transmission in the 5925-6425 MHz band, and the 
input power into the antenna will not exceed 26.5 dBW;
    (3) An antenna with an equivalent diameter of 1.2 meters or greater 
will be used for such transmission in the 14.0-

[[Page 67198]]

14.5 GHz band, and the input power into the antenna will not exceed 27 
dBW.
    (e) Applications for authority for analog video uplink transmission 
in the Fixed-Satellite Service that are not eligible for routine 
licensing under paragraph (d) of this section are subject to the 
provisions of Sec.  25.220 of this chapter.
    38. In Sec.  25.212, revise paragraphs (c) through (e) to read as 
follows:


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

* * * * *
    (c) (1) An earth station that is not subject to licensing under 
Sec.  25.222 or Sec.  25.226 of this chapter and will not be installed 
in aircraft may be routinely licensed for analog transmissions in the 
14.0-14.5 GHz band with bandwidths up to 1 MHz if the equivalent 
diameter of the transmitting antenna is 1.2 meters or greater, input 
power spectral density into the antenna will not exceed -8 dBW/4 kHz, 
transmitted satellite carrier EIRP density will not exceed 17 dBW/4 
kHz, and the application includes certification pursuant to Sec.  
25.132(a)(1) of conformance with the antenna performance standards in 
Sec.  25.209(a) and (b).
    (2) An earth station that is not subject to licensing under Sec.  
25.222 or Sec.  25.226 of this chapter and will not be installed in 
aircraft may be routinely licensed for digital transmission, including 
digital video transmission, in the 14.0-14.5 GHz band if the equivalent 
diameter of the transmitting antenna is 1.2 meters or greater, input 
power spectral density into the antenna will not exceed -14 dBW/4 kHz, 
transmitted satellite carrier EIRP density will not exceed +10.0 dBW/4 
kHz, and the application includes certification pursuant to Sec.  
25.132(a)(1) of conformance with the antenna performance standards in 
Sec.  25.209(a) and (b).
    (d) An earth station that is not subject to licensing under Sec.  
25.221 of this chapter may be routinely licensed for transmission in 
the 5925-6425 MHz band if the equivalent diameter of the transmit 
antenna is 4.5 meters or greater, the application includes 
certification pursuant to Sec.  25.132(a)(1) of conformance with the 
antenna performance standards in Sec.  25.209(a) and (b), and maximum 
power densities into the antenna will not exceed +0.5 dBW/4 kHz for 
analog carriers with bandwidths up to 1 MHz or -2.7 - 10log(N) dBW/4 
kHz for digital carriers. For digital transmission with frequency 
division multiple access (FDMA) or time division multiple access 
(TDMA), N is equal to one. For digital transmission with code division 
multiple access (CDMA), N is the maximum number of co-frequency 
simultaneously transmitting earth stations in the same satellite 
receiving beam.
    (e) An applicant for authority for an earth station in the Fixed-
Satellite Service proposing to transmit digital signals or transmit 
analog signals in bandwidths up to 1 MHz and to operate with 
transmitted satellite carrier EIRP densities, and/or maximum antenna 
input power densities in excess of those specified in applicable 
provisions of paragraph (c) or (d) of this section or operate with a 
smaller antenna than specified in a relevant provision of those 
paragraphs must comply with the requirements in Sec.  25.218 or Sec.  
25.220 of this chapter, unless the application is subject to licensing 
pursuant to Sec. Sec.  25.221, 25.222, or 25.226.
* * * * *
    39. In Sec.  25.214, remove and reserve paragraph (a) and revise 
paragraph (c)(1) to read as follows:


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

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


Sec.  25.215  [Removed and Reserved]

    40. Remove and reserve Sec.  25.215.
    41. In Sec.  25.217, revise paragraph (b)(1), the first sentence of 
paragraph (b)(3), and paragraph (c)(1) to read as follows:


Sec.  25.217  Default service rules.

* * * * *
    (b)(1) For all NGSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.157 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.142(d), 25.143(b)(2)(ii), 25.143(b)(2)(iii), 25.204(g), 
25.210(d), 25.210(f), and 25.210(i).
* * * * *
    (3) Mobile earth station licensees authorized to operate with one 
or more space stations subject to paragraph (b)(1) of this section must 
comply with the requirements in Sec. Sec.  25.285 and 25.287, 
notwithstanding the frequency bands specified in that section. * * *
    (c)(1) For all GSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec.  
25.158 after August 27, 2003, authorizing operations in a frequency 
band for which the Commission has not adopted frequency band-specific 
service rules at the time the license is granted, the licensee will be 
required to comply with the following technical requirements, 
notwithstanding the frequency bands specified in these rule provisions: 
Sec. Sec.  25.142(d), 25.143(b)(2)(iv), 25.204(g), 25.210(d), 
25.210(f), 25.210(i), and 25.210(j).
* * * * *
    42. In Sec.  25.218, revise paragraph (a) introductory text and 
paragraphs (a)(1) and (2) to read as follows:


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

    (a) This section applies to all applications for Fixed-Satellite 
Service earth stations transmitting to geostationary space stations in 
the C-band, Ku-band, or extended Ku-band, except for:
    (1) ESV and VMES applications, and
    (2) Analog video earth station applications.
* * * * *
    43. In Sec.  25.221, revise the section heading and the last 
sentence of paragraph (a)(12) and add two sentences at the end of 
paragraph (a)(12) to read as follows:


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

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

[[Page 67199]]

that include islands and ``low-water elevations,'' as determined by the 
U.S. Department of State's Baseline Committee.
* * * * *
    44. In Sec.  25.223, revise the section heading and paragraphs (a) 
and (c) to read as follows:


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

    (a) This section applies to license applications for earth stations 
that transmit to 17/24 GHz Broadcasting-Satellite Service space 
stations, in which the proposed earth station's antenna does not 
conform to the standards of Sec.  25.209(a) and (b), and/or the 
proposed input power density level is in excess of that specified in 
Sec.  25.212(f) of this part.
* * * * *
    (c) Each earth station license applicant that proposes levels in 
excess of those defined in paragraph (b) of this section must:
    (1) Submit with its application link budget analyses of the 
operations proposed along with a detailed written explanation of how 
each uplink and each transmitted satellite carrier density figure is 
derived, and one of the following:
    (i) An interference analysis demonstrating that the proposed 
operations are compatible with the operations of other potentially 
affected parties, providing details of its proposed radio frequency 
carriers which it believes should be taken into account in this 
analysis, and including, for each such radio frequency carrier, the 
link noise budget, modulation parameters, and overall link performance 
analysis; or
    (ii) Certification that all potentially affected parties 
acknowledge and do not object to the use of the applicant's higher 
power densities. For proposed power levels less than or equal to 3 dB 
in excess of the limits defined in paragraph (b) of this section, the 
potentially affected parties are those co-frequency U.S.-authorized 17/
24 GHz BSS satellite networks that are located at angular separations 
of up to 6[deg] away; for power levels greater than 3 dB 
and less than or equal to 6 dB in excess of the limits defined in 
paragraph (b) of this section, potentially affected parties are all 
those co-frequency U.S.-authorized operators at up to 10[deg] away.
    (2) No power levels greater than 6 dB in excess of the limits 
defined in paragraph (b) of this section will be permitted.
* * * * *
    45. In Sec.  25.253, revise paragraphs (a)(1), (c)(1), and (h) to 
read as follows:


Sec.  25.253  Special requirements for ancillary terrestrial components 
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.

    (a) * * *
    (1) In any band segment coordinated for the exclusive use of an MSS 
applicant within the land area of the United States, where there is no 
other 1.5/1.6 GHz MSS satellite making use of that band segment within 
the visible portion of the geostationary arc as seen from the ATC 
coverage area, the ATC system will be limited by the in-band and out-
of-band emission limitations contained in this section and the 
requirement to maintain a substantial MSS service.
* * * * *
    (c) * * *
    (1) Demonstrate, at the time of application, how its ATC network 
will comply with the requirements of footnotes US308 and US315 to the 
table of frequency allocations contained in Sec.  2.106 of this chapter 
regarding priority and preemptive access to the 1.5/1.6 GHz MSS 
spectrum by the Aeronautical Mobile-Satellite Route Service (AMS(R)S) 
and the Global Maritime Distress and Safety System (GMDSS).
* * * * *
    (h) When implementing multiple base stations and/or base stations 
using multiple carriers, where any third-order intermodulation product 
of these base stations falls on a 1.5/1.6 GHz MSS band segment 
coordinated for use by another MSS operator with rights to the 
coordinated band, the MSS ATC licensee must notify the MSS operator. 
The MSS operator may request coordination to modify the base station 
carrier frequencies, or to reduce the maximum base station EIRP on the 
frequencies contributing to the third-order intermodulation products. 
The threshold for this notification and coordination is when the sum of 
the calculated signal levels received by an MSS receiver exceeds -70 
dBm. The MSS receiver used in these calculations can be assumed to have 
an antenna with 0 dBi gain. Free-space propagation between the base 
station antennas and the MSS terminals can be assumed and actual signal 
polarizations for the ATC signals and the MSS system may be used.
    46. In Sec.  25.259, revise paragraph (b) to read as follows:


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

* * * * *
    (b) An NVNG licensee time sharing spectrum in the 137-138 MHz band 
must establish a 24-hour per day contact person and telephone number so 
that claims of harmful interference into NOAA earth stations and other 
operational issues can be reported and resolved expeditiously. This 
contact information must be made available to the NOAA or its designee. 
If the NTIA notifies the Commission that the NOAA is receiving 
unacceptable interference from a NVNG licensee, the Commission will 
require such NVNG licensee to terminate its interfering operations 
immediately unless it demonstrates to the Commission's reasonable 
satisfaction, and that of NTIA, that it is not responsible for causing 
harmful interference into the worldwide NOAA system. An NVNG licensee 
assumes the risk of any liability or damage that it and its directors, 
officers, employees, affiliates, agents and subcontractors may incur or 
suffer in connection with an interruption of its Mobile-Satellite 
Service, in whole or in part, arising from or relating to its 
compliance or noncompliance with the requirements of this paragraph.
* * * * *
    47. In Sec.  25.260, revise paragraph (b) to read as follows:


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

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

[[Page 67200]]

noncompliance with the requirements of this paragraph.
* * * * *
    48. In Sec.  25.272, remove and reserve paragraph (b).


Sec.  25.272  General inter-system coordination procedures.

* * * * *
    (b) [Reserved]
* * * * *
    49. In Sec.  25.276, revise paragraph (a) and remove and reserve 
paragraph (b) to read as follows:


Sec.  25.276  Points of communication.

    (a) Unless otherwise specified in the station authorization, an 
earth station may transmit to any space station in the same radio 
service that is listed as a point of communication in the earth station 
license, provided that permission has been received from the space 
station operator to access that space station.
    (b) [Reserved]
* * * * *
    50. Revise Sec.  25.281 to read as follows:


Sec.  25.281  Transmitter identification requirements for satellite 
video transmissions from fixed earth stations.

    (a) Fixed earth station transmissions carrying broadband video 
information with analog frequency modulation must be identified through 
use of an Automatic Transmitter Identification System (ATIS) meeting 
the following specifications:
    (1) The ATIS signal must be a separate subcarrier that is 
automatically activated whenever any radio frequency emissions occur.
    (2) The ATIS message must continuously repeat.
    (3) The ATIS subcarrier signal must be generated at a frequency of 
7.1 MHz 25 kHz and modulate the uplink radio frequency 
carrier at a level no less than -26 dB (referenced to the unmodulated 
carrier).
    (4) ATIS subcarrier deviation must not exceed 25 kHz.
    (5) The ATIS message protocol must be International Morse Code 
keyed by a 1200 Hz 800 Hz tone representing a mark and a 
message rate of 15 to 25 words per minute. The tone must frequency-
modulate the subcarrier signal with the ATIS message.
    (b) Fixed earth station transmissions carrying broadband video 
information with digital modulation must be identified through use of 
an ATIS with the following specifications.
    (1) Either the ATIS message must be injected into the Network 
Information Table of the MPEG data stream, or
    (2) The ATIS message must be modulated onto a direct sequence 
spread spectrum signal that has the same center frequency as the 
digitally-modulated broadband video signal, is transmitted along with 
the broadband video signal at a level that can be received by a 
compatible ATIS message receiver using the same antenna and downlink 
receiver chain as the broadband video signal, and has the following 
characteristics:
    (i) Binary phase-shift keying modulation;
    (ii) Spreading ratio of 4096;
    (iii) A chip rate of 112,000 chips per second for symbol rates of 
the digitally-modulated broadband video signal between 128,000 and 
256,000 symbols per second, or 224,000 chips per second for symbol 
rates of the digitally-modulated broadband video signal above 256,000 
symbols per second;
    (iv) Forward error correction with a (112,70) BCH code;
    (v) Packet size, including forward error correction bits, of 122 
bits; and
    (vi) Maximum message size of 32 packets.
    (c) Each message transmitted by an ATIS required by paragraph (a) 
or (b) of this section must be transmitted in an unencrypted ASCII text 
format that can be displayed using readily-available computer terminal 
emulation software and must include the following:
    (1) The FCC-assigned call sign of the transmitting earth station;
    (2) A telephone number providing immediate access to personnel 
capable of resolving ongoing interference or coordination problems with 
the station; and
    (3) A unique serial number of ten or more digits programmed into 
the ATIS message in a permanent manner such that it cannot be readily 
changed by the operator on duty.
    (4) Additional information may be included in the ATIS data stream 
provided the total ATIS message length does not exceed 30 seconds.
    (d) The ATIS equipment must be integrated into the uplink 
transmitter chain with a method that cannot easily be defeated.
    51. Add Sec. Sec.  25.285 through 25.287 to Subpart D to read as 
follows:


Sec.  25.285  Operation of portable transmitters or transceivers on 
board aircraft.

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


Sec.  25.286  Antenna painting and lighting.

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


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

    (a) Any mobile earth station (MES) operating in the 1530-1544 MHz 
and 1626.5-1645.5 MHz bands must have the following minimum set of 
capabilities to ensure compliance with Footnote 5.353A in 47 CFR 2.106 
and the priority and real-time preemption requirements imposed by 
Footnote US315.
    (1) All MES transmissions must have a priority assigned to them 
that preserves the priority and preemptive access given to maritime 
distress and safety communications sharing the band.
    (2) Each MES with a requirement to handle maritime distress and 
safety data communications must be capable of either:
    (i) Recognizing message and call priority identification when 
transmitted from its associated Land Earth Station (LES), or
    (ii) Accepting message and call priority identification embedded in 
the message or call when transmitted from its associated LES and 
passing the identification to shipboard data message processing 
equipment.
    (3) Each MES must be assigned a unique terminal identification 
number that will be transmitted upon any attempt to gain access to a 
system.

[[Page 67201]]

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

[FR Doc. 2012-26434 Filed 11-7-12; 8:45 am]
BILLING CODE 6712-01-P