[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8417-8431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01159]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 06-154; FCC 12-116]


2006 Biennial Regulatory Review--Revision of the Commission's 
Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Federal Communications Commission amends 
various provisions of the Commission's rules pertaining to licensing 
and operation of satellite service radio stations. With two exceptions, 
the amendments are non-substantive; that is, they neither impose new 
requirements nor eliminate or alter existing requirements. The two 
substantive amendments adopted in this Report and Order amend the rules 
in minor ways by eliminating requirements to identify a radio service 
and station location in correspondence and codifying an established 
practice of allowing applicants to cross-reference, rather than re-
submit, previously filed information regarding non-U.S.-licensed 
satellites. Collectively, the changes adopted in this Report and Order 
will facilitate preparation of earth and space

[[Page 8418]]

station applications, promote compliance with the Commission's 
operating rules, and ease administrative burdens for applicants, 
licensees, and the Commission.

DATES: Effective March 8, 2013, except the amendments of 47 CFR 25.110 
and 25.137, which contain modified information collection requirements 
that require approval by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act. The Commission will publish a 
document in the Federal Register announcing such approval and the 
effective date of these amendments.

FOR FURTHER INFORMATION CONTACT: William Bell, Satellite Division, 
International Bureau, at 202-418-0741 or via email at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of Report and Order IB 
Docket No. 06-154, FCC 12-116, adopted September 24, 2012 and released 
September 28, 2012. The full text of the Report and Order is available 
for public inspection and copying during regular business hours at the 
FCC Reference Information Center, Portals II, 445 12th Street SW., Room 
CY-A257, Washington, DC 20554. This document may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCPI), Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 
20554, telephone 202-488-5300, facsimile 202-488-5563, or via email to 
[email protected]. When ordering copies from BCPI please provide the FCC 
document number (FCC12-116). The full text may also be downloaded at: 
http://www.fcc.gov. Alternative formats are available to person with 
disabilities by sending an email to [email protected] or calling the 
Consider & Governmental Affairs Bureau at 202-418-0530 (voice), or 202-
418-0432 (tty).

Synopsis

    1. The Commission has regularly taken action to revise and 
``streamline'' its satellite and earth station licensing rules when 
warranted. In 2010, we proposed a number of streamlining changes to 
part 25 in a Notice of Proposed Rulemaking in this proceeding. Three 
parties filed comments on the NPRM: Comtech Mobile Datacom Corp. 
(Comtech), Globalstar Licensee LCC and affiliated companies 
(collectively, ``Globalstar''), and the Satellite Industry Association 
(SIA). No reply comments were filed.
    2. Most of the changes proposed in the NPRM are unopposed and self-
explanatory. These changes delete unnecessary definitions or 
superfluous text, add necessary definitions, clarify existing 
definitions, clarify revisions to rules, make format changes, delete or 
amend obsolete cross-references, and correct grammatical, spelling, and 
typographical errors. We adopt these changes without discussion.
    3. In the following paragraphs, we discuss the changes that 
commenters opposed. We also discuss alternative proposals and 
additional rule changes suggested by the commenters. Finally, we 
discuss several non-substantive changes that we did not propose in the 
NPRM and that are not raised in the comments.

Definitions and Uniform Terminology

    4. Section 25.201 defines technical terms pertaining to satellite 
communications services. In the NPRM, we proposed to amend section 
25.201 in several respects. Although, as noted above, the majority of 
these amendments were unopposed, we received comments on our proposals 
to change the definitions of ``Fixed-Satellite Service'' and ``Mobile-
Satellite Service'' and to add a definition of ``feeder link.'' SIA 
recommends retaining the existing definitions of ``Fixed-Satellite 
Service'' and ``Mobile-Satellite Service'' because those existing 
definitions are identical to corresponding definitions in section 2.1 
of the Commission's rules and in the ITU's Radio Regulations. 
Similarly, SIA recommends that we define ``feeder link'' in section 
25.201 in the same terms as it is defined in section 2.1. We agree and 
adopt SIA's recommendations. Globalstar also notes that the term 
``Mobile-Satellite Service'' is not consistently capitalized and 
hyphenated in part 25 and recommends that we use the form ``Mobile-
Satellite Service,'' which is used in section 2.1, consistently in part 
25. We adopt this recommendation. Similarly, we correct inconsistent 
capitalization and hyphenation of the term ``Fixed-Satellite Service'' 
in part 25.
    5. The NPRM also proposed to add a definition in section 25.201 for 
``mobile earth terminal'' and its acronym, ``MET,'' which are 
synonymous with ``mobile earth station.'' The term ``mobile earth 
station'' is defined in both section 25.201 and section 2.1 and is used 
in many provisions in part 25. Globalstar recommends that instead of 
adding a definition for ``mobile earth terminal'' and ``MET,'' we 
replace these terms with ``mobile earth station.'' Because using 
multiple terms to mean the same thing may cause confusion, we adopt 
this recommendation, with one modification: we replace ``MET'' in 
section 25.149(c) with ``mobile station,'' which is more appropriate in 
that context than ``mobile earth station.''
    6. In addition, commenters propose several changes to section 
25.201 that were not included in the NPRM. Globalstar recommends adding 
a definition of ``Big LEO'' in section 25.201 or, in the alternative, 
deleting the term from section 25.149. The term ``Big LEO'' appears in 
section 25.254 of the Commission's rules, as well as in section 25.149. 
As used in these rule sections, ``Big LEO'' is synonymous with ``1.6/
2.4 GHz Mobile-Satellite Service,'' which is defined in section 25.201. 
For the sake of consistency, we amend sections 25.149 and 25.254 to 
delete the term ``Big LEO'' and replace it with the defined term ``1.6/
2.4 GHz Mobile-Satellite Service.''
    7. Globalstar also advocates deleting the definition of ``land 
mobile earth station'' from section 25.201 because Land Mobile 
Satellite Service is not a ``recognized'' service in part 25. We 
understand Globalstar to mean by this that there are no rules in part 
25 that apply only to operation of land mobile earth stations, as 
opposed to other types of earth stations. To the contrary, section 
25.213(a)(1) includes a provision that applies exclusively to land 
mobile earth stations. Specifically, this rule bars 1.6/2.4 GHz land 
mobile earth stations from operating within defined geographic 
protection zones during periods of radioastronomy observation in the 
1610.6-1613.8 MHz band. Because the term is used in a substantive 
provision in part 25, we decline to remove its definition from section 
25.201.

Cross References

    8. Section 25.109 indicates that certain types of satellite 
services are subject to licensing under rules not included in part 25. 
Specifically, it indicates that stations in the Amateur Satellite 
Service are licensed under part 97 and that ship earth stations in the 
Maritime Mobile Satellite Service are licensed under parts 80 and 83. 
We proposed to delete the cross-reference to part 83, which no longer 
exists, and insert a new paragraph to indicate that aircraft earth 
stations in the Aeronautical Mobile Satellite Service are licensed 
under part 87.
    9. SIA and Comtech raised concern that these proposed amendments 
might incorrectly give the impression that all earth stations on ships 
or airplanes must be licensed under parts 80 and 87. We have modified 
the text of the cross-references to parts 80 and 87 to avoid fostering 
this misunderstanding.

[[Page 8419]]

    10. We also proposed to insert a proviso in section 25.109 that 
Amateur Satellite operators must comply with section 25.111(b), which 
requires satellite service applicants and licensees to ``provide the 
Commission with all information it requires for the Advance 
Publication, Coordination, and Notification of frequency assignments 
pursuant to the International [Telecommunication Union's] Radio 
Regulations.'' We are not adopting this proposed amendment because 
there is an existing provision in part 97 of the Commission's rules, 
section 97.207(g), that requires amateur satellite operators to file 
pre-launch notifications with the Commission and include any 
information needed for international coordination under relevant ITU 
regulations.
    11. The NPRM also proposed to add cross-references in section 
25.109 to additional rule parts that include relevant requirements. 
Upon further review, we have decided not to add additional cross-
references to broadly applicable provisions in parts 1, 2, and 17 of 
the Commission's rules. These proposed cross-references would be 
redundant and could cause confusion. On our own motion, however, we add 
a cross reference to part 5, which contains licensing rules for 
experimental operation, including experimental satellite service 
operation.
    12. Section 25.140 is captioned ``Qualifications of fixed-satellite 
space station licensees,'' although most of the provisions in that rule 
section pertain to applications for 17/24 GHz Broadcasting-Satellite 
Service (BSS) space stations. We proposed to amend the caption to 
indicate that the section includes rules for 17/24 GHz BSS applicants. 
We adopt this proposed amendment with a minor change to make the 
caption more accurate. The caption will now read, ``Further 
requirements for license applications for space stations in the Fixed-
Satellite Service and 17/24 GHz Broadcasting-Satellite Service.'' The 
NPRM also proposed minor clarifying changes in dection 25.140(a). SIA 
asks us to further amend section 25.140(a) by deleting the statement 
that applications for new Fixed-Satellite Service space stations 
``shall comply with the requirements established in Report and Order, 
CC Docket No. 81-704.'' SIA contends that the cross-reference to the 
Report and Order is unnecessary because all currently relevant 
substantive requirements adopted in that order are incorporated 
elsewhere in the Commission rules. We agree. Further, the other 
provisions of section 25.140(a) repeat, in substance, provisions in 
other paragraphs of section 25.140 and in sections 25.111(a) and 
25.112(a)(2). We therefore remove and reserve section 25.140(a).
    13. Section 25.146(a) While not proposed in the NPRM, we adopt a 
recommendation from SIA to correct erroneous references to an ITU 
Recommendation in section 25.146(a). Section 25.146(a) sets forth 
requirements for license applications for non-geostationary-orbit FSS 
space stations operating in the 10.7-14.5 GHz band. Specifically, we 
amend references to Recommendation ITU-R B.O.1503 to reference 
Recommendation ITU-R S.1503 instead.
    14. Section 25.161(b) provides that a station license will be 
automatically terminated upon the expiration of the license period, 
``unless an application for renewal of the license has been filed with 
the Commission pursuant to section 25.120(e).'' Globalstar points out 
that the cross-reference to section 25.120(e) is incorrect and that 
section 25.121(e) should be referenced instead. We amend section 
25.161(b) to effect this correction.
    15. Section 25.276(c) states that ``[t]ransmission to or from 
foreign points over space stations in the Fixed-Satellite Service, 
other than those operated by the International Telecommunications 
Satellite Organization and Inmarsat, are subject to the policies set 
forth in the Report and Order, adopted January 19, 1996 in IB Docket 
No. 95-41.'' The cross-referenced Commission document is the ``DISCO 
I'' order that eliminated the previous distinction between domestic 
satellites and international separate systems, permitting all U.S.-
licensed satellites to provide both domestic and international 
services. In the NPRM, we proposed to amend this provision by deleting 
the phrase ``other than those operated by the International 
Telecommunications Satellite Organization and Inmarsat'' and replacing 
the cross-reference to DISCO I with a reference to ``the requirements 
set forth in section 25.137 of this Chapter.'' SIA recommends that we 
delete section 25.276(c) in its entirety, since DISCO I did not impose 
any requirements that are not prescribed elsewhere in part 25. We agree 
and delete section 25.276(c).
    16. Section 25.137(b) states that anyone requesting authority to 
operate a U.S. earth station with a non-U.S.-licensed space station 
must file exhibits providing legal and technical information for the 
non-U.S.-licensed space station. We proposed to amend this provision to 
add that the submission must include a completed Schedule S to FCC Form 
312. SIA agrees with this proposed change but requests that we insert 
an additional sentence stating that an applicant seeking authority to 
communicate via a foreign-licensed space station that has previously 
been declared eligible for U.S. market access need not re-file the 
information otherwise required by section 25.137(b) but may instead 
cross-reference the market access grant. SIA maintains that this 
proposed change would conform to current practice and reduce confusion. 
We agree with this recommendation and implement it, adding text to 
indicate that the cross-referenced grant must pertain to operation in 
the same service and frequency band(s). By logical extension, we also 
add text to indicate that the requisite information may be provided by 
cross-referencing a pending application, which is also consistent with 
established practice.
    17. Section 25.202(a)(1) lists some, but not all, of the frequency 
bands that are allocated for use by stations in the Fixed-Satellite 
Service, with notations regarding requirements or limitations 
pertaining to operation in particular bands. In the NPRM, we proposed 
to adopt a revised list of FSS frequencies that would include 
previously omitted FSS frequency bands and also include additional 
notations cross-referencing provisions in the Table of Frequency 
Allocations. After further consideration, we have decided to insert a 
general instruction to refer to the Table of Allocations and delete 
band-specific annotations that merely repeat or cross-reference 
provisions in the Table. We have also corrected several errors that SIA 
pointed out in its comments.
    18. Section 25.210 Section 25.210(d) of the Commission's rules 
states that all space stations in the Fixed-Satellite Service operating 
in the 20/30 GHz bands shall employ ``state-of-the-art full frequency 
reuse.'' Section 25.210(f) prescribes an identical requirement for FSS 
space stations operating in other specified frequency bands, as well as 
for Broadcasting-Satellite Service space stations operating in the 
17.3-17.8 GHz (space-to-Earth) band. In the NPRM, we proposed to 
consolidate these two rule provisions. SIA supports this proposed 
change, which we adopt.
    19. SIA also advocates amending section 25.210(f) by inserting a 
sentence stating that the full frequency reuse requirement does not 
apply to telemetry, tracking, and command transmissions at the edges of 
frequency bands assigned for FSS operation. We adopt this change. This 
is a clarifying, rather than a substantive amendment, as we have never 
construed the full frequency reuse rule to apply to

[[Page 8420]]

telemetry, tracking, and command operations.
    20. Section 25.210(k) states that the co-polarized and cross-
polarized performance of FSS space station antennas must be measured, 
both within the primary coverage area to facilitate coordination with 
other Commission space station licensees and outside the primary 
coverage area to facilitate international frequency coordination. The 
rule also states that licensees must submit the measurements to the 
Commission within thirty days after completing preliminary in-orbit 
testing. We proposed to delete the phrases ``to facilitate coordination 
with other Commission space station licensees'' and ``to facilitate 
international frequency coordination,'' which are of no substantive 
import. SIA suggests, instead, that we delete section 25.210(k) in its 
entirety because, according to SIA, it requires licensees to re-submit 
the same information that section 25.114(d)(3) requires applicants to 
provide in space station license applications. We do not agree that 
section 25.210(k) is redundant vis-[agrave]-vis section 25.114(d)(3). 
Section 25.114(d)(3) requires license applicants to provide predicted 
antenna gain contours, whereas section 25.210(k) requires licensees to 
submit measured antenna performance data obtained from in-orbit 
testing. Therefore, we retain the requirement in section 25.210(k), 
with the non-substantive changes proposed in the NPRM.
    21. Finally, we delete the phrase ``in the Fixed-Satellite 
Service'' from the caption to section 25.210 because this section 
includes provisions that apply to space stations other than FSS space 
stations.
    22. In its comments on the NPRM, Globalstar recommends significant 
substantive changes in several provisions in part 25. These 
recommendations are beyond the scope of this proceeding.

Procedural Matters

    23. Final Regulatory Flexibility Certification. 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.''
    24. In this Report and Order, we have decided to amend the text of 
rule provisions pertaining to the licensing and/or operation of radio 
stations used for telecommunication via satellite. The amendments will 
make the rules in question more concise, more coherent, and/or more 
lucid without changing or eliminating existing regulatory requirements. 
We certify that these amendments will not have a significant economic 
impact on a substantial number of small entities. The Commission will 
send a copy of the Report and Order, including a copy of this 
certification, in a report to Congress pursuant to the Congressional 
Review Act. A copy of the Report and Order and this certification will 
also be sent to the Chief Counsel for Advocacy of the Small Business 
Administration, and will be published in the Federal Register.
    25. Paperwork Reduction Act. This document contains modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. It will be submitted to the 
Office of Management and Budget (OMB) for review under Section 3507(d) 
of the PRA. We invite OMB, the general public, and other Federal 
agencies to comment on the new or modified information collection 
requirements. 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 the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.

Ordering Clauses

    26. 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 Part 25 of the Commission's rules is amended as 
set forth in the Appendix to this Order. The rule revisions in the 
Appendix will take effect 30 days after a summary of this Report and 
Order is published in the Federal Register, with the exception of the 
revisions to 47 CFR 25.110 and 25.137. These rule revisions contain 
modified information collection requirements that require approval by 
the Office of Management and Budget (OMB) under the PRA. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing such approval and the relevant effective date.
    27. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center shall send a 
copy of this Report and Order, including the final regulatory 
flexibility act certification, to the Chief Counsel for Advocacy of the 
Small Business Administration, in accordance with Section 603(a) of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. (1981).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

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

PART 25--SATELLITE COMMUNICATIONS

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

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


Sec.  25.103  [Amended]

0
2. In Sec.  25.103, remove and reserve paragraphs (a) through (f).

0
3. Revise Sec.  25.109 to read as follows:


Sec.  25.109  Cross-reference.

    (a) Space and earth stations in the Amateur Satellite Service are 
licensed under 47 CFR part 97.
    (b) Ship earth stations in the Maritime Mobile-Satellite Service 
transmitting in the 1626.5-1646.5 MHz band are subject to licensing 
under 47 CFR part 80.
    (c) Earth stations in the Aeronautical Mobile-Satellite (Route) 
Service are subject to licensing under 47 CFR part 87.
    (d) Space and earth stations in the Experimental Radio Service may 
be subject to licensing under 47 CFR part 5.

0
4. In Sec.  25.110, revise paragraphs (a) and (c) to read as follows:


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

    (a) Applications may be filed by going online at licensing.fcc.gov/myibfs and submitting the application through the International Bureau 
Filing System (IBFS).
* * * * *

[[Page 8421]]

    (c) All correspondence concerning any application must identify:
    (1) The applicant's name,
    (2) The call sign of the space station or earth station, and
    (3) The file number of the application.
* * * * *

0
5. In Sec.  25.111, revise the first and last sentences in paragraph 
(c) to read as follows:


Sec.  25.111  Additional information.

* * * * *
    (c) In the Direct Broadcast Satellite service, applicants and 
licensees shall also provide the Commission with all information it 
requires in order to modify the plans for the Broadcasting-Satellite 
Service (BSS) in Appendix 30 of the ITU Radio Regulations (RR) and 
associated feeder-link plans in Appendix 30A of the ITU RR, if the 
system has technical characteristics differing from those specified in 
the Appendix 30 BSS Plans, the Appendix 30A feederlink Plans, Annex 5 
to Appendix 30, or Annex 3 to Appendix 30A. * * * Applicants and 
licensees shall also provide the Commission with the information 
required by Appendix 4 of the ITU RR for advance publication and 
notification or coordination of the frequencies to be used for 
tracking, telemetry and control functions of DBS systems.

0
6. In Sec.  25.113, revise the first sentence of paragraph (a) to read 
as follows:


Sec.  25.113  Station licenses and launch authority.

    (a) Construction permits are not required for earth stations. * * *
* * * * *

0
7. In Sec.  25.114, in paragraph (d)(7), remove ``fixed-satellite 
service'' and ``broadcasting-satellite service'' and add in their place 
``Fixed-Satellite Service'' and ``Broadcasting-Satellite Service'', 
respectively and revise paragraph (d)(12) to read as follows:


Sec.  25.114  Applications for space station authorizations.

* * * * *
    (d) * * *
    (12) Applications for authorizations in the non-geostationary 
satellite orbit Fixed-Satellite Service (NGSO FSS) in the 10.7-14.5 GHz 
bands shall also provide all information specified in Sec.  25.146.
* * * * *

0
8. In Sec.  25.115, revise paragraph (a)(2)(i) and in paragraph (f) 
remove ``fixed-satellite service'' and add in its place ``Fixed-
Satellite Service''.
    The revision reads as follows:


Sec.  25.115  Application for earth station authorizations.

    (a) * * *
    (2) * * *
    (i) The earth station will operate in the 3700-4200 MHz and 5925-
6425 MHz bands and/or in the 11.7-12.2 GHz and 14.0-14.5 GHz bands; and
* * * * *

0
9. In Sec.  25.116, revise the third sentence of paragraph (e) to read 
as follows:


Sec.  25.116  Amendments to applications.

* * * * *
    (e) * * * Amendments to earth station applications must be filed on 
Form 312 and Schedule B.

0
10. In Sec.  25.117, add paragraph (b), revise paragraph (c), and add 
paragraph (e) to read as follows:


Sec.  25.117  Modification of station licenses.

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

0
11. In Sec.  25.119, revise paragraph (b)(2) to read as follows:


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

* * * * *
    (b) * * *
    (2) Effect any change in a controlling interest in the ownership of 
the licensee, including changes in legal or equitable ownership.
* * * * *


Sec.  25.131  [Amended]

0
12. In 47 CFR 25.131(b), remove the words ``fixed-satellite service'' 
and ``fixed service'' and add in their place the words ``Fixed-
Satellite Service'' and ``Fixed Service''.
0
13. In Sec.  25.133, revise the first sentence of paragraph (a)(1) and 
revise paragraph (a)(2) to read as follows:


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

    (a)(1) Each license for an earth station governed by this part, 
except for mobile earth stations, shall specify as a condition therein 
the period in which construction of facilities must be completed and 
station operation commenced. * * *
    (2) Each license for mobile earth stations shall specify as a 
condition therein the period in which station operation must be 
commenced. The networks in which the mobile earth stations will be 
operated must be brought into operation within 12 months from the date 
of the license grant except as may be determined by the Commission for 
any particular application.
* * * * *

0
14. In Sec.  25.134, revise the section heading, remove and reserve 
paragraph (d), and revise paragraph (h) to read as follows:


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

* * * * *
    (h) VSAT operators licensed pursuant to this section are prohibited 
from using remote earth stations in their networks that are not 
designed to stop transmission when synchronization with the signal 
received from the target satellite fails.

0
15. In Sec.  25.136, remove the words ``Mobile Satellite Services'' in 
the section heading and the introductory text and add in their place 
words ``Mobile-Satellite Service''; remove the words ``Mobile Satellite 
Service'' in the first sentence of paragraph (c) and add in their place 
the words ``Mobile-Satellite Service''; and revise paragraph (d) 
introductory text and the first

[[Page 8422]]

sentence in paragraph (e) to read as follows:


Sec.  25.136  Licensing provisions for user transceivers in the 1.6/2.4 
GHz, 1.5/1.6 GHz, and 2 GHz Mobile-Satellite Services.

* * * * *
    (d) Any mobile earth station (MES) associated with the Mobile-
Satellite Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz 
bands shall 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 in that 
rule section.
* * * * *
    (e) Any Land Earth Station (LES) associated with the Mobile-
Satellite Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz 
bands must have the following minimum set of capabilities to ensure 
that the MSS system complies with Footnote 5.353A and the priority and 
real-time preemption requirements imposed by Footnote US315. * * *
* * * * *

0
16. In Sec.  25.137, revise paragraphs (b), (c) introductory text, 
(c)(1), and (e) to read as follows:


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

* * * * *
    (b) Any request pursuant to paragraph (a) of this section must be 
filed electronically through the International Bureau Filing System and 
must include an exhibit providing legal and technical information for 
the non-U.S.-licensed space station of the kind that Sec.  25.114 would 
require in a license application for that space-station, including but 
not limited to, information required to complete Schedule S. An 
applicant may satisfy this requirement by cross-referencing a pending 
application containing the requisite information or by citing a prior 
grant of authority to communicate via the space station in question in 
the same frequency bands to provide the same type of service.
    (c) A non-U.S.-licensed NGSO-like satellite system seeking to serve 
the United States can be considered contemporaneously with other U.S. 
NGSO-like satellite systems pursuant to Sec.  25.157 and considered 
before later-filed applications of other U.S. satellite system 
operators, and a non-U.S.-licensed GSO-like satellite system seeking to 
serve the United States can have its request placed in a queue pursuant 
to Sec.  25.158 and considered before later-filed applications of other 
U.S. satellite system operators, if the non-U.S.-licensed satellite 
system:
    (1) Is in orbit and operating;
* * * * *
    (e) A non-U.S.-licensed satellite operator that is seeking to serve 
the United States pursuant to a Letter of Intent may amend its request 
by submitting an additional Letter of Intent. Such additional Letters 
of Intent will be treated on the same basis as amendments filed by U.S. 
space station applicants for purposes of determining the order in which 
the Letters of Intent will be considered relative to other pending 
applications.
* * * * *

0
17. In Sec.  25.140, revise the section heading, remove and reserve 
paragraph (a), and revise the first sentence in paragraph (b) to read 
as follows:


Sec.  25.140  Qualifications of Fixed-Satellite space station 
licensees.

* * * * *
    (b) Each applicant for a space station authorization in the Fixed-
Satellite Service must demonstrate, on the basis of the documentation 
contained in its application, that it is legally, technically, and 
otherwise qualified to proceed expeditiously with the construction, 
launch and/or operation of each proposed space station facility 
immediately upon grant of the requested authorization. * * *
* * * * *
0
18. In Sec.  25.142, revise the section heading, paragraph (a)(2), and 
the first and last sentences in paragraph (b)(2)(ii) to read as 
follows:


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

    (a) * * *
    (2) Applicants for a non-voice, non-geostationary Mobile-Satellite 
Service space station license must identify the power flux density 
produced at the Earth's surface by each space station of their system 
in the 137-138 MHz and 400.15-401 MHz bands, to allow determination of 
whether coordination with terrestrial services is required under any 
applicable footnote to the Table of Frequency Allocations in Sec.  
2.106 of this chapter. In addition, applicants must identify the 
measures they would employ to protect the radio astronomy service in 
the 150.05-153 MHz and 406.1-410 MHz bands from harmful interference 
from unwanted emissions.
* * * * *
    (b) * * *
    (2) * * *
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal Government users under the jurisdiction of 
NTIA and non-voice, non-geostationary Mobile-Satellite Service systems 
(including user transceivers subject to blanket licensing under Sec.  
25.115(d)) through the frequency assignment and coordination practices 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). * * * The frequency assignment and coordination of the 
satellite system with Federal Government users shall be completed prior 
to grant of authorization.
* * * * *

0
19. In Sec.  25.143, revise the section heading and paragraphs 
(b)(2)(ii) through (iv), (e)(1)(iii), (e)(2), (h), and (i) to read as 
follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (ii) That a system proposed to operate using non-geostationary 
satellites be capable of providing Mobile-Satellite Service to all 
locations as far north as 70[deg] North latitude and as far south as 
55[deg] South latitude for at least 75% of every 24-hour period, i.e., 
that at least one satellite will be visible above the horizon at an 
elevation angle of at least 5[deg] for at least 18 hours each day 
within the described geographic area;
    (iii) That a system proposed to operate using non-geostationary 
satellites be capable of providing Mobile-Satellite Service on a 
continuous basis throughout the fifty states, Puerto Rico and the U.S. 
Virgin Islands, i.e., that at least one satellite will be visible above 
the horizon at an elevation angle of at least 5[deg] at all times 
within the described geographic areas; and
    (iv) That a system only using geostationary orbit satellites, at a 
minimum, be capable of providing Mobile-Satellite Service on a 
continuous basis throughout the 50 states, Puerto Rico, and the U.S. 
Virgin Islands, if technically feasible.
* * * * *
    (e) * * *
    (1) * * *
    (iii) A detailed description of the use made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for U.S. domestic transmission, 
the amount of capacity (if any) sold but not in service within U.S. 
territorial geographic areas, and the amount of unused system capacity. 
2

[[Page 8423]]

GHz Mobile-Satellite Service systems receiving expansion spectrum as 
part of the unserved areas spectrum incentive must provide a report on 
the actual number of subscriber minutes originating or terminating in 
unserved areas as a percentage of the actual U.S. system use; and
    (2) All operators of 1.6/2.4 GHz Mobile-Satellite Service systems 
shall, within 10 days after a required implementation milestone as 
specified in the system authorization, certify to the Commission by 
affidavit that the milestone has been met or notify the Commission by 
letter that it has not been met. At its discretion, the Commission may 
require the submission of additional information (supported by 
affidavit of a person or persons with knowledge thereof) to demonstrate 
that the milestone has been met.
* * * * *
    (h) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the Mobile-Satellite Service 
operating at 1610-1626.5 MHz/2483.5-2500 MHz if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possession, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which 
the Licensee or any persons or companies controlling or controlled by 
the Licensee are parties.
    (i) Incorporation of ancillary terrestrial component base stations 
into a 1.6/2.4 GHz Mobile-Satellite Service network or a 2 GHz Mobile-
Satellite Service network. Any licensee authorized to construct and 
launch a 1.6/2.4 GHz or a 2 GHz Mobile-Satellite Service system may 
construct ancillary terrestrial component (ATC) base stations as 
defined in Sec.  25.201 at its own risk and subject to the conditions 
specified in this subpart any time after commencing construction of the 
Mobile-Satellite Service system.
* * * * *

0
20. In Sec.  25.145, revise the section heading and paragraphs (c)(1), 
(c)(2), and (e) to read as follows:


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

* * * * *
    (c) * * *
    (1) That the proposed system is capable of providing Fixed-
Satellite Service to all locations as far north as 70[deg] North 
Latitude and as far south as 55[deg] South Latitude for at least 75% of 
every 24-hour period; and
    (2) That the proposed system is capable of providing Fixed-
Satellite Service on a continuous basis throughout the fifty states, 
Puerto Rico and the U.S. Virgin Islands.
* * * * *
    (e) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the Fixed-Satellite Service 
operating in the 20/30 GHz band if that applicant, or any persons or 
companies controlling or controlled by the applicant, shall acquire or 
enjoy any right, for the purpose of handling traffic to or from the 
United States, its territories or possession, to construct or operate 
space segment or earth stations, or to interchange traffic, which is 
denied to any other United States company by reason of any concession, 
contract, understanding, or working arrangement to which the Licensee 
or any persons or companies controlling or controlled by the Licensee 
are parties.
* * * * *

0
21. In Sec.  25.146:
0
a. Revise the section heading and the first sentence in paragraph (a) 
introductory text;
0
b. Revise paragraphs (a)(1)(i) and (iii), (a)(2) introductory text, 
(a)(2)(i) and (iii), (b) introductory text, and (b)(1)(i), (iii), and 
(v);
0
c. Revise the last two sentences of paragraph (b)(2); and
0
d. Revise paragraphs (c), (e), (h), and (i)(2) and (3).
    The revisions read as follows:


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

    (a) A comprehensive technical showing shall be submitted for the 
proposed non-geostationary satellite orbit Fixed-Satellite Service 
(NGSO FSS) system in the 10.7-14.5 GHz bands. * * *
    (1) * * *
    (i) Provide a set of power flux-density (PFD) masks, on the surface 
of the Earth, for each space station in the NGSO FSS system. The PFD 
masks shall be generated in accordance with the specification 
stipulated in the most recent version of ITU-R Recommendation S.1503, 
``Functional Description to be used in Developing Software Tools for 
Determining Conformity of Non-GSO FSS Networks with Limits Contained in 
Article 22 of the Radio Regulations.'' In particular, the PFD masks 
must encompass the power flux-density radiated by the space station 
regardless of the satellite transmitter power resource allocation and 
traffic/beam switching strategy that are used at different periods of a 
NGSO FSS system's life. The PFD masks shall also be in an electronic 
form that can be accessed by the computer program specified in 
paragraph (a)(1)(iii) of this section.
* * * * *
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDdown 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDdown validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in the most recent version of Recommendation 
ITU-R S.1503. If the applicant uses the ITU approved software, the 
applicant shall indicate the program name and the version used.
* * * * *
    (2) Single-entry additional operational equivalent power flux-
density, in the space-to-Earth direction, (additional operational 
EPFDdown) limits. (i) Provide a set of NGSO FSS earth station maximum 
equivalent isotropically radiated power (EIRP) masks as a function of 
the off-axis angle generated by an NGSO FSS earth station. The maximum 
EIRP mask shall be generated in accordance with the specification 
stipulated in the most recent version of ITU-R Recommendation S.1503. 
In particular, the results of calculations encompass what would be 
radiated regardless of the earth station transmitter power resource 
allocation and traffic/beam switching strategy are used at different 
periods of an NGSO FSS system's life. The EIRP masks shall be in an 
electronic form that can be accessed by the computer program specified 
in paragraph (a)(2)(iii) of this section.
* * * * *
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDup 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDup validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in the most recent version of Recommendation 
ITU-R S.1503. If the applicant uses the ITU approved software, the 
applicant shall

[[Page 8424]]

indicate the program name and the version used.
* * * * *
    (b) Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a comprehensive technical 
showing for the non-geostationary satellite orbit Fixed-Satellite 
Service (NGSO FSS) system in the 10.7-14.5 GHz bands. The technical 
information shall demonstrate that the NGSO FSS system is expected not 
to operate in excess of the additional operational EPFDdown 
limits and the operational EPFDdown limits as specified in 
Sec.  25.208(i) and (j), and notes 2 and 3 to Table 1L in Sec.  
25.208(l). If the technical demonstration exceeds the additional 
operational EPFDdown limits or the operational 
EPFDdown limits at any test points within the United States 
for domestic service and at any test points outside of the United 
States for international service, the NGSO FSS system licensee shall 
not initiate service to the public until the deficiency has been 
rectified by reducing satellite transmission power or other 
adjustments. This must be substantiated by subsequent technical 
showings. The technical showings consist of the following:
    (1) * * *
    (i) Provide a set of anticipated operational power flux density 
(PFD) masks, on the surface of the Earth, for each space station in the 
NGSO FSS system. The anticipated operational PFD masks could be 
generated by using the method specified in the most recent version of 
ITU-R Recommendation S.1503. In particular, the anticipated operational 
PFD mask shall take into account the expected maximum traffic loading 
distributions and geographic specific scheduling of the actual measured 
space station antenna patterns (see Sec.  25.210(k)). The anticipated 
operational PFD masks shall also be in an electronic form that can be 
accessed by the computer program contained in paragraph (b)(1)(iii) of 
this section.
* * * * *
    (iii) Provide a computer program for the single-entry additional 
operational EPFDdown verification computation, including 
both the source code and the executable file. This computer program 
could be developed by using the method specified in the most recent 
version of ITU-R Recommendation S.1503.
* * * * *
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the verification computer program 
described in paragraph (b)(1)(iii) of this section by using only the 
input parameters contained in paragraphs (b)(1)(i) and (iv) of this 
section for each of the submitted test points provided by the 
Commission. These test points are based on information from U.S.-
licensed geostationary satellite orbit Fixed-Satellite Service and 
Broadcasting-Satellite Service operators in the 10.7-14.5 GHz bands. 
Each U.S.-licensed geostationary satellite orbit Fixed-Satellite 
Service and Broadcasting-Satellite Service operator in the 10.7-14.5 
GHz bands may submit up to 10 test points for this section containing 
the latitude, longitude, altitude, azimuth, elevation angle, antenna 
size, efficiency to be used by non-geostationary satellite orbit Fixed-
Satellite Service licensees in the 10.7-14.5 GHz bands during the 
upcoming year.
    (2) * * * Submitted test points are based on inputs from U.S.-
licensed geostationary satellite orbit Fixed-Satellite Service and 
Broadcasting-Satellite Service operators in the 10.7- 14.5 GHz bands. 
Each U.S.-licensed geostationary satellite orbit Fixed-Satellite 
Service and Broadcasting-Satellite Service operator in the 10.7-14.5 
GHz bands may submit up to 10 test points for this section containing 
the latitude, longitude, altitude, azimuth, elevation angle, antenna 
size, efficiency to be used by non-geostationary satellite orbit Fixed-
Satellite Service licensees in the 10.7-14.5 GHz bands during the 
upcoming year.
* * * * *
    (c) The NGSO FSS system licensee shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, certifying that the 
system continues to operate within the bounds of the masks and other 
input parameters specified under Sec.  25.146(a) and (b) as well as 
certifying the status of the additional operational EPFDdown levels 
into the 3 m and 10 m geostationary satellite orbit Fixed-Satellite 
Service receiving Earth station antennas, the operational EPFDdown 
levels into the 3 m, 4.5 m, 6.2 m and 10 m geostationary satellite 
orbit Fixed-Satellite Service receiving Earth station antennas and the 
operational EPFDdown levels into the 180 cm geostationary satellite 
orbit Broadcasting-Satellite Service receiving Earth station antennas 
in Hawaii and 240 cm geostationary satellite orbit Broadcasting-
Satellite Service receiving Earth station antennas in Alaska.
* * * * *
    (e) An NGSO FSS system licensee operating a system in compliance 
with the limits specified in Sec.  25.208(g), (i), (j), (k), (l), and 
(m) shall be considered as having fulfilled its obligations under ITU 
Radio Regulations Article 22.2 with respect to any GSO network. 
However, such NGSO FSS system shall not claim protection from GSO FSS 
and BSS networks operating in accordance with part 25 of this chapter 
and the ITU Radio Regulations.
* * * * *
    (h) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit 
Fixed-Satellite Service satellites will be awarded a single ``blanket'' 
license covering a specified number of space stations to operate in a 
specified number of orbital planes.
    (i) * * *
    (2) A demonstration that the proposed system is capable of 
providing Fixed-Satellite Services to all locations as far north as 
70[deg] North Latitude and as far south as 55[deg] South Latitude for 
at least 75 percent of every 24-hour period; and
    (3) Sufficient information on the NGSO FSS system characteristics 
to properly model the system in computer sharing simulations, 
including, at a minimum, NGSO hand-over and satellite switching 
strategies, NGSO satellite antenna gain patterns, and NGSO earth 
station antenna gain patterns. In particular, each NGSO FSS applicant 
must explain the switching protocols it uses to avoid transmitting 
while passing through the geostationary satellite orbit arc, or provide 
an explanation as to how the PFD limits in Sec.  25.208 are met without 
using geostationary satellite orbit arc avoidance. In addition, each 
NGSO FSS applicant must provide the orbital parameters contained in 
Section A.4 of Annex 2A to Appendix 4 of the ITU Radio Regulations 
(2008). Further, each NGSO FSS applicant must provide a sufficient 
technical showing to demonstrate that the proposed non-geostationary 
satellite orbit system meets the PFD limits contained in Sec.  25.208, 
as applicable, and
* * * * *

0
22. In Sec.  25.149, revise the section heading and paragraphs (a)(1) 
introductory text, (a)(2)(iii), (a)(3), (b)(1)(iii), (b)(5)(ii), 
(c)(1), and (c)(3) 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 shall be deployed in the forward-band mode of operation

[[Page 8425]]

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 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5 
MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500 
MHz bands.
* * * * *
    (2) * * *
    (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz 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.
    (3) ATC operations shall not exceed the geographical coverage area 
of the Mobile-Satellite Service network of the applicant for ATC 
authority.
* * * * *
    (b) * * *
    (1) * *
    (iii) For the 1.6/2.4 GHz Mobile-Satellite Service bands, an 
applicant must demonstrate that it can provide space-segment service to 
all locations as far north as 70[deg] North latitude and as far south 
as 55[deg] South latitude for at least seventy-five percent of every 
24-hour period, i.e., that at least one satellite will be visible above 
the horizon at an elevation angle of at least 5[deg] for at least 18 
hours each day, and on a continuous basis throughout the fifty states, 
Puerto Rico and the U.S. Virgin Islands, i.e., that at least one 
satellite will be visible above the horizon at an elevation angle of at 
least 5[deg] at all times.
* * * * *
    (5) * * *
    (ii) In the 1.6/2.4 GHz Mobile-Satellite Service bands, MSS ATC is 
limited to no more than 7.775 MHz of spectrum in the L-band and 11.5 
MHz of spectrum in the S-band. Licensees in these bands may implement 
ATC only on those channels on which MSS is authorized, consistent with 
the 1.6/2.4 GHz Mobile-Satellite Service band-sharing arrangement.
* * * * *
    (c) Equipment certification. (1) Each ATC mobile station utilized 
for operation under this part and each transmitter marketed, as set 
forth in Sec.  2.803 of this chapter, must be of a type that has been 
authorized by the Commission under its certification procedure for use 
under this part.
* * * * *
    (3) Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec.  1.1307(b), 
2.1091, and 2.1093 of this chapter, as appropriate. MSS ATC base 
stations must comply with the requirements specified in Sec.  1.1307(b) 
of this chapter for PCS base stations. MSS ATC mobile stations must 
comply with the requirements specified for mobile and portable PCS 
transmitting devices in Sec.  1.1307(b) of this chapter. MSS ATC mobile 
terminals must also comply with the requirements in Sec. Sec.  2.1091 
and 2.1093 of this chapter for Satellite Communications Services 
devices. Applications for equipment authorization of mobile or portable 
devices operating under this section must contain a statement 
confirming compliance with these requirements for both fundamental 
emissions and unwanted emissions. Technical information showing the 
basis for this statement must be submitted to the Commission upon 
request.
* * * * *

0
23. Revise Sec.  25.150 to read as follows:


Sec.  25.150  Receipt of applications.

    Applications received by the Commission are given a file number and 
a unique station identifier for administrative convenience. Neither the 
assignment of a file number and/or other identifier nor the listing of 
the application on public notice as received for filing indicates that 
the application has been found acceptable for filing or precludes 
subsequent return or dismissal of the application if it is found to be 
defective or not in accordance with the Commission's rules.

0
24. 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 period, unless an application for 
renewal of the license has been filed with the Commission pursuant to 
Sec.  25.121(e); or
* * * * *

0
25. In Sec.  25.201:
0
a. Remove the definitions of active satellite, base earth station, 
passive satellite, space operation service, space telecommand, space 
telemetering, space tracking, and structural attenuation;
0
b. Revise the definitions of 2 GHz Mobile-Satellite Service, Earth 
Station on Vessel (``ESV''), equivalent power flux density, fixed earth 
station, Fixed-Satellite Service, land earth station, Non-Voice, Non-
Geostationary Mobile-Satellite Service, power spectral density, 
protection areas, routine processing or licensing, and vehicle-mounted 
earth station (VMES); and
0
c. Add definitions for feeder link and 1.5/1.6 GHz Mobile-Satellite 
Service.
    The revisions and additions read as follows:


Sec.  25.201  Definitions.

    1.5/1.6 GHz Mobile-Satellite Service. Mobile-Satellite Service 
provided in any portions of the 1525-1559 MHz downlink band and the 
1626.5-1660.5 MHz uplink band, which are referred to in this rule part 
as the ``1.5/1.6 GHz MSS bands.''
* * * * *
    2 GHz Mobile-Satellite Service. A Mobile-Satellite Service that is 
operated in the 2000-2020 MHz and 2180-2200 MHz bands, or in any 
portion thereof.
* * * * *
    Earth Station on Vessel (``ESV''). An ESV is an earth station 
onboard a craft designed for traveling on water receiving from and 
transmitting to Fixed-Satellite Service space stations.
* * * * *
    Equivalent power flux density. Equivalent power flux density (EPFD) 
is the sum of the power flux-densities produced at a geostationary 
satellite orbit (GSO) receive earth or space station on the Earth's 
surface or in the geostationary satellite orbit, as appropriate, by all 
the transmit stations within a non-geostationary satellite orbit Fixed-
Satellite Service (NGSO FSS) system, taking into account the off-axis 
discrimination of a reference receiving antenna assumed to be pointing 
in its nominal direction. The equivalent power flux density, in dB(W/
m\2\) in the reference bandwidth, is calculated using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR06FE13.043

Where:

Na is the number of transmit stations in the non-
geostationary satellite orbit system that are visible from the GSO 
receive station considered on the Earth's surface

[[Page 8426]]

or in the geostationary satellite orbit, as appropriate;
i is the index of the transmit station considered in the non-
geostationary satellite orbit system;
Pi is the RF power at the input of the antenna of the 
transmit station, considered in the non-geostationary satellite 
orbit system in dBW in the reference bandwidth;
[thgr]i is the off-axis angle between the boresight of 
the transmit station considered in the non-geostationary satellite 
orbit system and the direction of the GSO receive station;
Gt([thgr]i) is the transmit antenna gain (as a 
ratio) of the station considered in the non-geostationary satellite 
orbit system in the direction of the GSO receive station;
di is the distance in meters between the transmit station 
considered in the non-geostationary satellite orbit system and the 
GSO receive station;
[Phi]i is the off-axis angle between the boresight of the 
antenna of the GSO receive station and the direction of the ith 
transmit station considered in the non-geostationary satellite orbit 
system;
Gr([Phi]i) is the receive antenna gain (as a ratio) of the GSO 
receive station in the direction of the ith transmit station 
considered in the non-geostationary satellite orbit system;
Gr,max is the maximum gain (as a ratio) of the antenna of 
the GSO receive station.

    Feeder link. A radio link from an earth station at a given location 
to a space station, or vice versa, conveying information for a space 
radiocommunication service other than the Fixed-Satellite Service. The 
given location may be at a specified fixed point or at any fixed point 
within specified areas. (RR)
    Fixed earth station. An earth station intended to be used at a 
fixed position. The position may be a specified fixed point or any 
fixed point within a specified area.
    Fixed-Satellite Service. A radiocommunication service between earth 
stations at given positions, when one or more satellites are used; the 
given position may be a specified fixed point or any fixed point within 
specified areas; in some cases this service includes satellite-to-
satellite links, which may also be operated in the inter-satellite 
service; the Fixed-Satellite Service may also include feeder links of 
other space radiocommunication services. (RR)
* * * * *
    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)
* * * * *
    Non-Voice, Non-Geostationary 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.
* * * * *
    Power spectral density. The amount of an emission's transmitted 
carrier power applied at the antenna input falling within the stated 
bandwidth. The units of power spectral density are watts per hertz and 
are generally expressed in decibel form as dB(W/Hz) when measured in a 
1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz bandwidth, or dB(W/
1MHz) when measured in a 1 MHz bandwidth.
    Protection areas. The geographic regions on the surface of the 
Earth where U.S. Department of Defense meteorological satellite systems 
or National Oceanic and Atmospheric Administration meteorological 
satellite systems, or both such systems, are receiving signals from low 
earth orbiting satellites. Also, geographic 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).
* * * * *
    Routine processing or licensing. A licensing process whereby 
applications are processed in an expedited manner. To be eligible for 
routine processing, an application must be complete in all regards, 
must be consistent with all Commission Rules, and must not raise any 
policy issues. With respect to fixed earth station licensing (including 
temporary fixed stations), an application is ``routine'' only if it is 
for an individual earth station that conforms to all applicable 
provisions of the Commission's rules pertaining to antenna performance, 
power, frequency coordination, radiation hazard, and FAA notification, 
and accesses only ``Permitted Space Station List'' satellites in the 
conventional C-band or Ku-band frequency bands.
* * * * *
    Vehicle-mounted earth station (VMES). A VMES is an earth station, 
operating from a motorized vehicle that travels primarily on land, that 
receives from and transmits to geostationary satellite orbit Fixed-
Satellite Service space stations and operates within the United States 
pursuant to the requirements set out in Sec.  25.226.

0
26. In Sec.  25.202, revise paragraphs (a)(1) and (a)(4)(iii)(A) to 
read as follows:


Sec.  25.202  Frequencies, frequency tolerance and emission 
limitations.

    (a)(1) Frequency band. The following frequencies are available for 
use by the Fixed-Satellite Service. Precise frequencies and bandwidths 
of emission shall be assigned on a case-by-case basis. Refer to the 
U.S. Table of Frequency Allocations, 47 CFR 2.106, including relevant 
footnotes, for band-specific use restrictions and coordination 
requirements. Restrictions and coordination conditions not mentioned in 
the Table of Frequency Allocations are set forth in the annotations to 
the following list:

------------------------------------------------------------------------
             Space-to-earth (GHz)                 Earth-to-space (GHz)
------------------------------------------------------------------------
3.6-3.65.....................................  5.091-5.25
3.65-3.7.....................................  5.85-5.925
3.7-4.2......................................  5.925-6.425
4.5-4.8......................................  6.425-6.525
6.7-7.025....................................  6.525-6.7
7.025-7.075..................................  6.7-7.025
10.7-11.7....................................  7.025-7.075
11.7-12.2....................................  12.7-12.75
12.2-12.7....................................  12.75-13.25
18.3-18.58 1 2...............................  13.75-14
18.58-18.8...................................  14-14.2
18.8-19.3....................................  14.2-14.5
19.3-19.7....................................  15.43-15.63
19.7-20.2....................................  17.3-17.8
37.5-40 \3\..................................  24.75-25.05
40-42........................................  25.05-25.25
                                               \2\ 27.5-28.35
                                               \4\ 28.35-28.6
                                               \5\ 28.6-29.1
                                               \6\ 29.1-29.25
                                               \7\ 29.25-29.5
                                               \4\ 29.5-30.0
                                               47.2-50.2
------------------------------------------------------------------------
\1\ The 18.3-18.58 GHz band is shared co-equally with existing
  terrestrial radiocommunication systems until November 19, 2012.
\2\ FSS is secondary to LMDS in this band.
\3\ Use of this band by the Fixed-Satellite Service is limited to
  gateway earth station operations, provided the licensee under this
  Part obtains a license under part 101 of this chapter or an agreement
  from a part 101 licensee for the area in which an earth station is to
  be located. Satellite earth station facilities in this band may not be
  ubiquitously deployed and may not be used to serve individual
  consumers.
\4\ This band is primary for GSO FSS and secondary for NGSO FSS.
\5\ This band is primary for NGSO FSS and secondary for GSO FSS.
\6\ This band is primary for MSS feeder links and LMDS hub-to-subscriber
  transmission.
\7\ This band is primary for MSS feeder links and GSO FSS.

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


1525-1559 MHz: space-to-Earth

1626.5-1660.5 MHz: Earth-to-space
* * * * *

[[Page 8427]]


0
27. In Sec.  25.203, revise paragraphs (g)(2), (g)(4), and (j) to read 
as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (g) * * *
    (2) In the event that the calculated value of the expected field 
strength exceeds 10 mV/m (-65.8 dBW/m\2\) at the reference coordinates, 
or if there is any question whether field strength levels might exceed 
the threshold value, advance consultation with the FCC to discuss any 
protection necessary should be considered. See Sec.  0.401 of this 
chapter for contact information.
* * * * *
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec.  0.121(c) of this chapter and also meets the criteria outlined in 
paragraphs (g)(2) and (3) of this section.
* * * * *
    (j) Applicants for non-geostationary 1.6/2.4 GHz Mobile-Satellite 
Service/Radiodetermination-Satellite Service feeder links in the 17.7-
20.2 GHz and 27.5-30.0 GHz bands shall indicate the frequencies and 
spacecraft antenna gain contours towards each feeder-link earth station 
location and will coordinate with licensees of other Fixed-Satellite 
Service and terrestrial-service systems sharing the band to determine 
geographic protection areas around each non-geostationary Mobile-
Satellite Service/Radiodetermination-Satellite Service feeder-link 
earth station.
* * * * *

0
28. In Sec.  25.204, revise the first sentence in paragraph (f) and 
revise paragraph (g) to read as follows:


Sec.  25.204  Power limits.

* * * * *
    (f) In the 13.75-14 GHz band, an earth station in the Fixed-
Satellite Service shall have a minimum antenna diameter of 4.5 m and 
the e.i.r.p. of any emission should be at least 68 dBW and should not 
exceed 85 dBW. * * *
* * * * *
    (g) All earth stations in the Fixed-Satellite Service in the 20/30 
GHz band, and feeder-link earth stations operating in the 24.75-25.25 
GHz band (Earth-to-space) and providing service to geostationary 
satellites in the 17/24 GHz BSS, shall employ uplink adaptive power 
control or other methods of fade compensation such that the earth 
station transmissions shall be conducted at the power level required to 
meet the desired link performance while reducing the level of mutual 
interference between networks.
* * * * *

0
29. In Sec.  25.208, revise the introductory text in paragraphs (g), 
(h), (i), (j), (k), (l), (m), (n), and (s) to read as follows:


Sec.  25.208  Power flux density limits.

* * * * *
    (g) In the 10.7-11.7 GHz and 11.7-12.2 GHz bands, the single-entry 
equivalent power-flux density in the space-to-Earth direction 
(EPFDdown), at any point on the Earth's surface, produced by 
emissions from all co-frequency space stations of a single non-
geostationary-satellite orbit (NGSO) system operating in the Fixed-
Satellite Service (FSS) shall not exceed the following limits for the 
given percentages of time. Tables 1G and 2G follow:
* * * * *
    (h) In the 10.7-11.7 GHz and 11.7-12.2 GHz bands, the aggregate 
equivalent power-flux density in the space-to-Earth direction 
(EPFDdown), at any point on the Earth's surface, produced by 
emissions from all co-frequency space stations of all non-
geostationary-satellite orbit systems operating in the Fixed-Satellite 
Service (FSS) shall not exceed the following limits for the given 
percentages of time. Tables 1H and 2H follow:
* * * * *
    (i) In the 10.7-11.7 GHz and 11.7-12.2 GHz bands, the additional 
operational equivalent power-flux density, in the space-to-Earth 
direction, (additional operational EPFDdown) at any point on 
the Earth's surface, produced by actual operational emissions from all 
co-frequency space stations of a non-geostationary-satellite orbit 
(NGSO) system operating in the Fixed-Satellite Service (FSS) shall not 
exceed the following operational limits for the given percentages of 
time:
* * * * *
    (j) In the 10.7-11.7 GHz and 11.7-12.2 GHz bands, the operational 
equivalent power-flux density, in the space-to-Earth direction, 
(operational EPFDdown) at any point on the Earth's surface, 
produced by actual operational emissions from the in-line co-frequency 
space station of a non-geostationary-satellite orbit (NGSO) system 
operating in the Fixed-Satellite Service (FSS) shall not exceed the 
following operational limits for 100% of the time:
* * * * *
    (k) In the 12.75-13.15 GHz, 13.2125-13.25 GHz and 13.75-14.5 GHz 
bands, the equivalent power flux-density, in the Earth-to-space 
direction, (EPFDup) produced at any point on the 
geostationary satellite orbit (GSO) by the emissions from all co-
frequency earth stations in a non-geostationary satellite orbit Fixed-
Satellite Service (NGSO FSS) system, for all conditions and for all 
methods of modulation, shall not exceed the following limits for the 
specified percentages of time limits:
* * * * *
    (l) In the 11.7-12.2 GHz and 12.5-12.75 GHz bands in Region 3, 
11.7-12.5 GHz bands in Region 1, and 12.2-12.7 GHz band in Region 2, 
the single-entry equivalent power-flux density, in the space-to-Earth 
direction, (EPFDdown), at any point on the Earth's surface, 
produced by emissions from all co-frequency space stations of a single 
non-geostationary-satellite orbit (NGSO) system operating in the Fixed-
Satellite Service (FSS) shall not exceed the following limits in Tables 
1L and 2L for the given percentages of time:
* * * * *
    (m) In the 11.7-12.2 GHz and 12.5-12.75 GHz bands in Region 3, 
11.7-12.5 GHz bands in Region 1, and 12.2-12.7 GHz band in Region 2, 
the aggregate equivalent power-flux density, in the space-to-Earth 
direction, (EPFDdown) at any point on the Earth's surface, 
produced by emissions from all co-frequency space stations of all non-
geostationary-satellite orbit systems operating in the Fixed-Satellite 
Service (FSS) shall not exceed the following limits in Tables 1M and 2M 
for the given percentages of time:
* * * * *
    (n) The power-flux density at the Earth's surface produced by 
emissions from a space station in the Fixed-Satellite Service (space-
to-Earth), for all conditions and for all methods of modulation, shall 
not exceed the limits given in Table N. These limits relate to the 
power flux-density which would be obtained under assumed free-space 
conditions.
* * * * *
    (s) In the 40.0-40.5 GHz band, the power flux density at the 
Earth's surface produced by emissions from a space station for all 
conditions and for all methods of modulation shall not exceed the 
following values:
* * * * *

0
30. In Sec.  25.209, revise the section heading and paragraphs (a) 
introductory text, (b) introductory text, and (c)(1) to read as 
follows:


Sec.  25.209  Earth station antenna performance standards.

    (a) The gain of any antenna to be employed in transmission from an 
earth station in the Fixed-Satellite Service shall lie below the 
envelope defined in

[[Page 8428]]

paragraphs (a)(1) through (4) of this section:
* * * * *
    (b) The off-axis cross-polarization gain of any antenna to be 
employed in transmission from an earth station to a space station in 
the domestic Fixed-Satellite Service shall be defined as follows:
* * * * *
    (c)(1) Earth station antennas licensed for reception of radio 
transmissions from a space station in the Fixed-Satellite Service are 
protected from radio interference caused by other space stations only 
to the degree to which harmful interference would not be expected to be 
caused to an earth station employing an antenna conforming to the 
referenced patterns defined in paragraphs (a) and (b) of this section, 
and protected from radio interference caused by terrestrial radio 
transmitters identified by the frequency coordination process only to 
the degree to which harmful interference would not be expected to be 
caused to an earth station conforming to the reference pattern defined 
in paragraphs (a)(3) and (4) of this section.
* * * * *

0
31. In Sec.  25.210, revise the section heading, remove and reserve 
paragraph (d), and revise paragraphs (f) and (k) to read as follows:


Sec.  25.210  Technical requirements for space stations.

* * * * *
    (f) All space stations in the Fixed-Satellite Service operating in 
any portion of the 3600-4200 MHz, 5091-5250 MHz, 5850-7025 MHz, 10.7-
12.7 GHz, 12.75-13.25 GHz, 13.75-14.5 GHz, 15.43-15.63 GHz, 18.3-20.2 
GHz, 24.75-25.25 GHz, or 27.5-30.0 GHz bands, including feeder links 
for other space services, and in the Broadcasting-Satellite Service in 
the 17.3-17.8 GHz band (space-to-Earth), shall employ state-of-the-art 
full frequency reuse, either through the use of orthogonal 
polarizations within the same beam and/or the use of spatially 
independent beams.
* * * * *
    (k) Antenna measurements of both co-polarized and cross-polarized 
performance must be made on all antennas employed by space stations 
both within and outside the primary coverage area. The results of such 
measurements shall be submitted to the Commission within thirty days 
after preliminary in-orbit testing is completed.
* * * * *

0
32. In Sec.  25.211, revise paragraphs (e) and (f) to read as follows:


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

* * * * *
    (e) Antennas smaller than those specified in paragraph (d) of this 
section are subject to the provisions of Sec.  25.220. These antennas 
will not be routinely licensed for transmission of full transponder 
services.
    (f) Each applicant for authorization for analog transmissions in 
the Fixed-Satellite Service proposing to use maximum power into the 
antenna in excess of those specified in Sec.  25.211(d), must comply 
with the procedures set forth in Sec.  25.220.

0
33. In Sec.  25.212, revise the section heading and paragraphs (c), 
(d)(2) and (3), and (e) to read as follows:


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

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

0
34. In Sec.  25.213, revise the section heading, the first sentence in 
paragraph (a)(1) introductory text, and paragraph (a)(1)(vi) to read as 
follows:


Sec.  25.213  Inter-Service coordination requirements for the 1.6/2.4 
GHz Mobile-Satellite Service.

    (a) * * *
    (1) Protection zones. All 1.6/2.4 GHz Mobile-Satellite Service 
systems shall be capable of determining the position of the user 
transceivers accessing the space segment through either internal 
radiodetermination calculations or external sources such as LORAN-C or 
the Global Positioning System. * * *
* * * * *
    (vi) The ESMU shall notify Mobile-Satellite Service space station 
licensees authorized to operate mobile earth stations in the 1610.0-
1626.5 MHz band of periods of radio astronomy observations. The Mobile-
Satellite systems shall be capable of terminating operations within the 
frequency bands and protection zones specified in paragraphs (a)(1)(i) 
through (iv) of this section, as applicable, after the first position 
fix of the mobile earth station either prior to transmission or, based 
upon its location within the protection zone at the time of initial 
transmission of the mobile earth station. Once the Mobile-Satellite 
Service system determines that a mobile earth station is located within 
an RAS protection zone, the Mobile-Satellite Service system shall 
immediately initiate procedures to relocate the mobile earth station 
operations to a non-RAS frequency.
* * * * *

[[Page 8429]]


0
35. In Sec.  25.214, revise the section heading to read as follows:


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

* * * * *

0
36. In Sec.  25.218, revise paragraphs (a) introductory text and (a)(2) 
to read as follows:


Sec.  25.218  Off-axis EIRP envelopes for FSS earth station operations.

    (a) This section applies to all applications for FSS earth stations 
operating in the C-band, Ku-band, or extended Ku-band, except for:
* * * * *
    (2) Analog video earth station applications, and
* * * * *

0
37. In Sec.  25.221, revise the first sentence in paragraph (a) 
introductory text, the third sentence in paragraph (a)(5), paragraph 
(a)(7), the introductory text in paragraph (b), and paragraph 
(b)(1)(ii) to read as follows:


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

    (a) The following ongoing requirements govern all ESV licensees and 
operations in the 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz 
(Earth-to-space) bands transmitting to GSO satellites in the Fixed-
Satellite Service.
* * * * *
    (5) * * * The ESV operator will make this data available upon 
request to a coordinator, fixed system operator, Fixed-Satellite system 
operator, or the Commission within 24 hours of the request.
* * * * *
    (7) ESV operators transmitting in the 5925-6425 MHz (Earth-to-
space) bands to GSO satellites in the Fixed-Satellite Service (FSS) 
shall not seek to coordinate, in any geographic location, more than 36 
megahertz of uplink bandwidth on each of no more than two GSO FSS 
satellites.
* * * * *
    (b) Applications for ESV operation in the 5925-6425 MHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraphs (b)(1) or (2) of this section and the documentation 
identified in paragraphs (b)(3) through (5) of this section.
    (1) * * *
    (ii) A certification, in Schedule B, that the ESV antenna conforms 
to the gain pattern criteria of Sec.  25.209(a) and (b), that, combined 
with the maximum input power density calculated from the EIRP density 
less the antenna gain, which is entered in Schedule B, demonstrates 
that the off-axis EIRP spectral density envelope set forth in 
paragraphs (a)(1)(i)(A) through (C) of this section will be met under 
the assumption that the antenna is pointed at the target satellite. If 
an antenna proposed for use by the applicant does not comply with the 
antenna performance standards in Sec.  25.209(a) and (b), the applicant 
must provide, as an exhibit to its application, antenna gain test plots 
pursuant to Sec.  25.132(b)(3).
* * * * *

0
38. In Sec.  25.222, revise the section heading, the first sentence in 
paragraph (a) introductory text, the third sentence in paragraph 
(a)(5), paragraph (b) introductory text, and paragraph (b)(1)(ii) to 
read as follows:


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

    (a) The following ongoing requirements govern all ESV licensees and 
operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz 
(Earth-to-space) bands transmitting to GSO satellites in the Fixed-
Satellite Service. * * *
* * * * *
    (5) * * * The ESV operator will make this data available upon 
request to a coordinator, fixed system operator, Fixed-Satellite system 
operator, NTIA, or the Commission within 24 hours of the request.
* * * * *
    (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraphs (b)(1) or (2) of this section and the documentation 
identified in paragraphs (b)(3) through (5) of this section.
    (1) * * *
    (ii) A certification, in Schedule B, that the ESV antenna conforms 
to the gain pattern criteria of Sec.  25.209(a) and (b), that, combined 
with the maximum input power density calculated from the EIRP density 
less the antenna gain, which is entered in Schedule B, demonstrates 
that the off-axis EIRP spectral density envelope set forth in 
paragraphs (a)(1)(i)(A) through (C) of this section will be met under 
the assumption that the antenna is pointed at the target satellite. If 
an antenna proposed for use by the applicant does not comply with the 
antenna performance standards contained in Sec.  25.209(a) and (b), the 
applicant must provide, as an exhibit to its application, antenna gain 
test plots pursuant to Sec.  25.132(b)(3).
* * * * *

0
39. In Sec.  25.226, revise the section heading, the first sentence in 
paragraph (a) introductory text, the third sentence in paragraph 
(a)(6), paragraph (b) introductory text, and paragraph (b)(1)(ii) to 
read as follows:


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

    (a) The following ongoing requirements govern all VMES licensees 
and operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz 
(Earth-to-space) bands receiving from and transmitting to geostationary 
orbit satellites in the Fixed-Satellite Service. * * *
* * * * *
    (6) * * * The VMES operator shall make this data available upon 
request to a coordinator, fixed system operator, Fixed-Satellite 
Service system operator, NTIA, or the Commission within 24 hours of the 
request.
* * * * *
    (b) Applications for VMES operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service shall 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, the applicable technical demonstrations 
in paragraphs (b)(1), (2) or (3) of this section and the documentation 
identified in paragraphs (b)(4) through (8) of this section.
    (1) * * *
    (ii) A VMES applicant shall include a certification, in Schedule B, 
that the

[[Page 8430]]

VMES antenna conforms to the gain pattern criteria of Sec. Sec.  
25.209(a) and (b), that, combined with the maximum input power density 
calculated from the EIRP density less the antenna gain, which is 
entered in Schedule B, demonstrates that the off-axis EIRP spectral 
density envelope set forth in paragraphs (a)(1)(i)(A) through (C) of 
this section will be met under the assumption that the antenna is 
pointed at the target satellite. If an antenna proposed for use by the 
applicant does not comply with the antenna performance standards 
contained in Sec.  25.209(a) and (b), the applicant must provide, as an 
exhibit to its application, antenna gain test plots pursuant to Sec.  
25.132(b)(3).
* * * * *

0
40. In Sec.  25.251, revise paragraph (b) to read as follows:


Sec.  25.251  Special requirements for coordination.

* * * * *
    (b) The technical aspects of coordination are based on Appendix 7 
of the International Telecommunication Union Radio Regulations and 
certain recommendations of the ITU Radiocommunication Sector (available 
at the address in Sec.  0.445 of this chapter).


0
41. In Sec.  25.254, revise the first sentence in paragraph (c) and the 
section note to read as follows:


Sec.  25.254  Special requirements for ancillary terrestrial components 
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.

* * * * *
    (c) Applicants for an ancillary terrestrial component to be used in 
conjunction with a Mobile-Satellite Service system using CDMA 
technology shall coordinate the use of the 1.6/2.4 GHz Mobile-Satellite 
Service spectrum designated for CDMA systems using the framework 
established by the ITU in Recommendation ITU-R M.1186 ``Technical 
Considerations for the Coordination Between Mobile Satellite Service 
(MSS) Networks Utilizing Code Division Multiple Access (CDMA) and Other 
Spread Spectrum Techniques in the 1-3 GHz Band'' (1995). * * *
* * * * *

    Note to Sec.  25.254: The preceding rules of Sec.  25.254 are 
based on cdma2000 and IS-95 system architecture. To the extent that 
a 1.6/2.4 GHz Mobile-Satellite Service licensee is able to 
demonstrate that the use of different system architectures would 
produce no greater potential interference than would be produced as 
a result of implementing the rules of this section, the licensee may 
apply for ATC authorization based on another system architecture.

Sec.  25.256  [Amended]

0
42. In Sec.  25.256, remove the words ``fixed satellite service'' and 
add in their place the words ``Fixed-Satellite Service''.


Sec.  25.257  [Amended]

0
43. In Sec.  25.257, remove the words ``mobile satellite service'' in 
paragraph (a) and add in their place the words ``Mobile-Satellite 
Service''.


0
44. In Sec.  25.259, revise paragraph (a) to read as follows:


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

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

0
45. In Sec.  25.260, revise paragraph (a) to read as follows:


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

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

0
46. In Sec.  25.261, revise the section heading to read as follows:


Sec.  25.261  Procedures for avoidance of in-line interference events 
for Non Geostationary Satellite Orbit (NGSO) Satellite Network 
Operations in the Fixed-Satellite Service (FSS) Bands.

* * * * *

0
47. In Sec.  25.271, revise paragraphs (c)(1) and (3) to read as 
follows:


Sec.  25.271  Control of transmitting stations.

* * * * *
    (c) * * *
    (1) The parameters of the transmissions of the remote station 
monitored at the control point, and the operational functions of the 
remote earth stations that can be controlled by the operator at the 
control point, are sufficient to ensure that the operations of the 
remote station(s) are at all times

[[Page 8431]]

in full compliance with the remote station authorization(s);
* * * * *
    (3) Upon detection by the licensee, or upon notification from the 
Commission of a deviation or upon notification by another licensee of 
harmful interference, the operation of the remote station shall be 
immediately suspended by the operator at the control point until the 
deviation or interference is corrected, except that transmissions 
concerning the immediate safety of life or property may be conducted 
for the duration of the emergency; and
* * * * *

0
48. In Sec.  25.272, revise paragraph (a) to read as follows:


Sec.  25.272  General inter-system coordination procedures.

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

0
49. In Sec.  25.273, revise paragraph (a)(2) to read as follows:


Sec.  25.273  Duties regarding space communications transmissions.

    (a) * * *
    (2) Conduct transmissions over a transponder unless the operator is 
authorized to transmit at that time by the satellite licensee or the 
satellite licensee's successor in interest; or
* * * * *

0
50. In Sec.  25.274, revise paragraph (b) to read as follows:


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

* * * * *
    (b) The earth station operator shall then check all other earth 
stations in the licensee's network that could be causing the harmful 
interference to ensure that none of them is the source of the 
interference and to verify that the interference is not from a local 
terrestrial source.
* * * * *


Sec.  25.276  [Amended]

0
51. In Sec.  25.276, remove paragraph (c).


Sec.  25.278  [Amended]

0
52. In Sec.  25.278, remove the words ``fixed-satellite service'' and 
add in their place the words ``Fixed-Satellite Service'' each place it 
appears.


0
53. In Sec.  25.283, revise paragraph (a) to read as follows:


Sec.  25.283  End-of-life disposal.

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

36,021 km + (1000[middot]CR[middot]A/m)

where CR is the solar radiation pressure coefficient of the 
spacecraft, and A/m is the Area to mass ratio, in square meters per 
kilogram, of the spacecraft.
* * * * *


Sec.  25.284  [Amended]

0
43. In Sec.  25.284, remove the words ``mobile satellite service'' and 
add in their place the words ``Mobile-Satellite Service'' each place it 
appears.


Sec.  25.601  [Amended]

0
44. In Sec.  25.601, remove the words ``fixed-satellite service,'' 
``direct broadcast satellite service,'' and ``broadcasting-satellite 
service'' and add in their place the words ``Fixed-Satellite Service,'' 
``Direct Broadcast Satellite Service,'' and Broadcasting-Satellite 
Service'', respectively.


Sec.  25.701  [Amended]

0
45. In Sec.  25.701, remove the words ``fixed satellite service'' in 
paragraph (a)(2) and add in their place the words ``Fixed-Satellite 
Service.''

[FR Doc. 2013-01159 Filed 2-5-13; 8:45 am]
BILLING CODE 6712-01-P