[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Proposed Rules]
[Pages 65106-65137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25400]



[[Page 65105]]

Vol. 79

Friday,

No. 211

October 31, 2014

Part III





 Federal Communications Commission





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47 CFR Parts 0 and 25





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

  Federal Register / Vol. 79 , No. 211 / Friday, October 31, 2014 / 
Proposed Rules  

[[Page 65106]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 25

[IB Docket No. 12-267; FCC 14-142]


Comprehensive Review of Licensing and Operating Rules for 
Satellite Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes to amend its rules for licensing and operation of 
space stations and earth stations for communication by radio. The 
proposed changes would, among other things, facilitate international 
coordination of proposed satellite networks; eliminate the need to 
assess compliance with interim milestone requirements; revise bond 
requirements to more effectively deter spectrum warehousing; clarify 
requirements for routine earth station licensing; and expand 
applicability of routine licensing standards.

DATES: Submit comments on or before December 15, 2014 and reply 
comments on or before January 14, 2015.

ADDRESSES: You may submit comments, identified by IB Docket No. 12-267, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     Paper filing: Paper filings can be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class 
or overnight U.S. Postal Service mail.

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

FOR FURTHER INFORMATION CONTACT: William Bell (202) 418-0741 or Cindy 
Spiers (202) 418-1593, Satellite Division, International Bureau. For 
additional information concerning the information collection(s) 
contained in this document, contact Cathy Williams at 202-418-2918, or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM) in IB Docket No. 12-267, 
FCC 14-142, adopted and released on September 30, 2014. The full text 
of this document is available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554 and may be 
downloaded from the Commission's internet Web site at https://apps.fcc.gov/edocs_public/Query.do?numberFld=14-142&numberFld2=&docket=12-267&dateFld=&docTitleDesc=. The document may 
also be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402, 
Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, 
or via Web site at www.BCPIWEB.com. Alternative formats are available 
to person with disabilities by sending email to [email protected] or 
calling the Consider & Governmental Affairs Bureau at 202-418-0530 
(voice), or 202-418-0432 (tty).
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document.
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing.
    [ssquf] Paper filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Summary of Further Notice of Proposed Rulemaking

    In the initial Notice of Proposed Rulemaking in IB Docket 12-267, 
77 FR 67172, November 8, 2012, (2012 NPRM), the Commission proposed 
extensive changes in part 25. The Satellite Industry Association (SIA) 
and other parties filed comments in response to the 2012 NPRM. In a 
Report and Order released in August 2013, the Commission adopted most 
of the changes proposed in the 2012 NPRM but declined to rule on 
recommendations from commenters that could not properly be adopted 
without affording further opportunity for public comment. Some of the 
rule changes proposed in FCC 14-142 are based on such previous 
recommendations. In February 2014, an FCC staff working group issued 
recommendations for improving the Commission's procedures and 
management practices and eliminating or streamlining outdated rules in 
a Process Reform Report. Some of the recommendations concerned 
satellite-service regulation and licensing and are considered in FCC 
14-142.

ITU Filings for GSO FSS Space Stations

    The procedure for obtaining international recognition of satellite 
operation in non-planned Fixed-Satellite Service (FSS) bands under the 
Radio Regulations of the ITU includes several steps. First, an Advance 
Publication of Information (API) must be filed with the ITU. An API 
filing requires only a very general description of a proposed satellite 
network. Next, a Coordination Request must be filed. A Coordination 
Request is ``receivable'' between six months and two years after the 
associated API filing but may be submitted to the ITU simultaneously 
with an API filing. The date of receipt of the Coordination Request 
establishes the ``protection date'' of a satellite network, which is 
the basis of international coordination priority. A proposed satellite 
network must be coordinated with any co-frequency satellite network 
with an earlier ITU protection date that, according to certain 
criteria, is deemed to be ``affected'' by the proposed network.
    The Commission's International Bureau submits an API or 
Coordination Request to the ITU for space station

[[Page 65107]]

operation in specified frequency bands at a specified orbital location 
only after a license application for the proposed space station 
operation has been filed with the Commission. The information required 
for a Commission space station license application is more specific 
than that required for an API or Coordination Request and includes 
technical data that would not be definitely known until significant 
progress has been made in the design of a proposed satellite. 
Consequently, an operator who decides to apply to the FCC for authority 
for space station operation in a new band and/or orbital location might 
not be prepared to submit a license application for such operation for 
a considerable time afterward.
    In view of this, the Process Reform Report includes a 
recommendation for the Commission to consider adopting a procedure for 
filing satellite-network APIs and Coordination Requests prior to the 
filing of full license applications. Several parties address this issue 
in comments, and all of them support this recommendation.
    We tentatively agree that it would serve the public interest for 
the Commission to adopt an optional procedure in which submission of 
APIs and Coordination Requests to the Commission for filing with the 
ITU for GSO space station operation in non-planned FSS bands would be a 
first step in an optional two-step license application process. More 
detailed information of the kind included currently in license 
applications would be due later. Given the specificity of the ITU's 
regulations pertaining to operation in FSS planned bands, we are not 
proposing to follow this procedure with respect to planned-band 
operation. We invite comment, however, as to whether the procedure 
should be available for other types of proposed space station 
operation. We contemplate that such requests would be electronically 
filed and considered in order of receipt and would be treated as 
confidential until the Commission submits the filings to the ITU. We 
invite comment as to whether the filing of such a request would be 
subject to the requirements in part 1, subpart G of the Commission's 
rules pertaining to filing fees.
    We propose to adopt a two-year deadline for submitting the 
technical information needed to complete a satellite license 
application.
    We invite comment on whether submission of a request for filing of 
an API and Coordination Request with a simplified description of the 
satellite network and a cost-recovery declaration should suffice to 
secure a position in a first-come, first-served space station 
application queue. A party that secures a place at the head of an 
application queue for space station operation in particular FSS 
frequency bands at a particular location in the GSO arc should not be 
free to walk away at some later time without any consequence, despite 
having preempted co-frequency applications for the same or a nearby 
orbital location in the meanwhile. We therefore propose a surety bond 
requirement, separate from the current post-licensing bond requirement 
in Sec.  25.165. Such a bond would be payable if a party who has 
secured a spot in the first-come, first-served queue by submitting a 
draft API and Coordination Request fails to complete an acceptable 
license application on schedule or its license application is denied. 
We invite comment as to whether a surety bond created in connection 
with a request for an ITU filing should be released when the party in 
interest files a post-grant surety bond pursuant to Sec.  25.165 or 
whether it would better serve the public interest to require an ``ITU 
filing bond'' to be maintained pending satisfaction of all milestone 
requirements.
    A party that prefers to avoid the ITU filing bond would have the 
option of following the current procedure of filing a full license 
application concurrently with a request for submission of an API and 
Coordination Request. We invite comment as to whether a party should 
have the option to file an API and Coordination request without 
securing a spot in the first-come, first-served queue and without 
filing a bond. We also invite comment as to whether failure to meet the 
proposed two-year second-step filing deadline should count as a missed 
milestone for purposes of the ``three-strikes'' rule in Sec.  
25.159(d).

Milestones and Bonds

    In order to prevent or deter spectrum warehousing, the Commission 
requires space station licensees to adhere to standard milestone 
schedules and file surety bonds. The milestone requirements for most 
space station licensees are codified in Sec.  25.164 and are 
incorporated as conditions in license grants. Recipients of new 
licenses for geostationary-orbit (GSO) space stations, other than 
Direct Broadcast Satellite (DBS) and Satellite Digital Audio Radio 
Service (SDARS) space stations, are required to meet the following 
schedule:
     Enter into a binding contract for construction of the 
authorized satellite(s) by one year after the grant of the space 
station license;
     Complete critical design review for the satellite(s) by 
two years after the license grant;
     Begin construction of the satellite(s) by three years 
after the license grant;
     Launch and commence operation of the satellite(s) in the 
assigned orbital location(s) by five years after the license grant.

Recipients of new licenses for non-geostationary-orbit (NGSO) space 
stations are required to meet the following schedule:
     Enter into a binding contract for construction of the 
authorized satellite(s) by one year after the grant of the space 
station license;
     Complete critical design review for the satellite(s) by 
two years after the license grant;
     Begin construction of one satellite by two years and six 
months after the license grant;
     Launch and commence operation of the first satellite in 
the authorized orbit by three years and six months after the license 
grant.
     Bring all authorized satellites into operation by six 
years after the license grant.

These milestone schedules also apply to construction and launch of non-
U.S.-licensed space stations approved for U.S. market access.
    Under Sec.  25.165, the recipient of a new license for a GSO space 
station of any type other than DBS and SDARS must file a surety bond in 
the amount of $3 million, payable to the U.S. Treasury in the event of 
a milestone default, and the recipient of a new license for an NGSO 
constellation must file a surety bond in the amount of $5 million. The 
Commission adopted the bond requirement to establish a market-based 
mechanism for ensuring that licensees are willing and able to proceed 
with satellite construction and to discourage warehousing of scarce 
resources. The bond amount is successively reduced when the Commission 
finds that the licensee has met interim milestone requirements. In the 
event that a licensee fails to meet a milestone deadline and the 
Commission does not find good cause for granting an extension of time, 
the license becomes void and the remaining bond amount is paid to the 
U.S. Treasury. We believe it is worthwhile to consider whether 
alternative approaches might shorten review periods, reduce 
administrative burdens, and increase certainty for licensees.
    One possible approach is to accept corroborative affidavits from 
satellite manufacturers and evidence of appropriate payment, in 
addition to certifications from licensees, as prima facie proof of 
compliance with the contracting and CDR milestone

[[Page 65108]]

requirements. This would eliminate any need for submission and 
assessment of confidential contract and design documents in cases where 
such prima facie evidence is presented. Deciding, on a case-by-case 
basis, how much payment is appropriate at contract signing and upon 
completion of CDR could entail some adjudicatory difficulty, however. 
We invite further comment on this proposal.
    We also invite comment on simplifying the milestone schedules. 
Specifically, we request comment on eliminating the milestone deadlines 
for contracting for satellite construction and commencing construction 
and retaining the CDR milestone requirement as the only intermediate 
milestone deadline prior to the deadline for launch. This would reduce 
paperwork burdens and afford more flexibility for licensees and 
significantly reduce administrative burdens for the Commission's staff. 
In addition, we invite comment on the advisability of eliminating all 
interim milestone requirements, which would reduce administrative 
burdens still further and eliminate any need for submission of 
confidential construction contracts or proprietary design packages. And 
we seek comment on making all interim milestone requirements optional, 
so that a party could volunteer for Commission review of any interim 
milestone at any time as a means of reducing its surety bond, without 
requiring every applicant to do the same.
    We have several proposals regarding post-grant surety bonds. First, 
the currently prescribed bond amounts--$3 million for GSO space 
stations and $5 million for NGSO space stations--may be inadequate. 
These amounts were prescribed ten years ago and have never been 
adjusted. We propose to require bond payment amounts due in the event 
of default to be calculated based on the Gross Domestic Product Chain-
type Price Index (GDP-CPI), so that adjustment for both past and future 
inflation (or deflation) will be routine and will take into account 
time that elapses from license grant to default, which could be as much 
as six years. We invite comment as to the appropriate baseline dollar 
amounts to be used for such calculations.
    Second, from a public-interest standpoint, it is better for a 
satellite licensee to surrender a license soon after receiving it than 
to surrender it after holding it for several years--or, worse, to hold 
the license for five or six years and then request an unjustified 
extension of the milestone deadline for launch and commencement of 
operation. Should we therefore revise the bond rule to provide that the 
amount to be paid in the event a licensee surrenders a space station 
authorization without placing the authorized facility into operation or 
is found in default of the deadline for commencing in-orbit operation 
will increase progressively, pro rata, in proportion to the time that 
has elapsed since the license was granted? Rather than escalating the 
potential payment liability from a starting point of zero, initial 
liability could be set at an amount substantial enough to deter parties 
from filing applications for strategic motives with the intention of 
surrendering their licenses shortly after grant. We invite comment as 
to whether this approach should be combined with the current policy of 
reducing bond liability when it is found that a party has met an 
interim milestone. For example, should we make interim milestone 
showings optional and reduce bond payment liability for licensees that 
choose to submit such showings and demonstrate that they have met 
interim milestones within prescribed time periods?
    If we were to assign queuing priority based on advanced ITU 
filings, as proposed above, we believe that the amount to be paid 
pursuant to an ``ITU filing bond'' in the event of default should be 
commensurate with post-grant bond payment liability, taking into 
consideration the amount of time that elapses before default occurs. We 
invite comment on this proposal and suggestions for other approaches 
that could strike a balance between achieving the desired flexibility 
with respect to ITU filings while preventing spectrum warehousing.

The Two-Degree Spacing Policy

    The Commission's two-degree spacing policy, which has been in 
effect since 1983, applies to GSO FSS operation in the conventional C-
band, the conventional and extended Ku-band, and the 20/30 GHz band. 
``Two-degree spacing'' refers to angular separation in the GSO arc 
between adjacent co-frequency space stations. There are several aspects 
to this policy, which is embodied in part 25 rules pertaining to 
licensing of both earth stations and space stations.
    Applicants for earth station licenses authorizing transmission to 
GSO FSS satellites in the conventional C-band, conventional or extended 
Ku-band, or 20/30 GHz band must demonstrate one of two things with 
respect to uplink operation. One option is to show that the proposed 
earth stations will meet ``routine'' limits on off-axis EIRP density 
(or equivalent limits on off-axis antenna gain and input power density) 
designed to prevent harmful interference with co-frequency GSO space 
stations at orbital locations two or more degrees from the ``target'' 
satellites that the earth stations would communicate with. 
Alternatively, for proposed operation that would exceed the relevant 
routine limits, an applicant must submit certification from the 
operator(s) of the target satellite(s) that the proposed non-conforming 
uplink operation has been coordinated with operators of adjacent co-
frequency space stations and certify that it will operate in compliance 
with the coordination agreements.
    License applicants for GSO FSS space stations must demonstrate the 
following with a technical analysis: (i) Their downlink transmissions 
will not harmfully interfere with reception of co-frequency downlink 
transmissions from any previously-licensed GSO satellite less than two 
degrees away or with reception of co-frequency downlinks from a current 
or future GSO satellite two degrees away by earth stations with gain 
patterns consistent with the relevant routine limits in Sec.  25.209 
and (ii) uplink transmissions to their space stations will not 
harmfully interfere with uplink reception of any previously licensed 
GSO space station less than two degrees away or with uplink reception 
of a current or future satellite two degrees away. Space station 
applicants have routinely requested permission to deviate from 
parameters assumed for purposes of such interference analysis when 
permitted under the terms of subsequent coordination agreements, 
however, and the Commission has routinely granted such requests.
    Thus, under current rules and practice, operating authority may be 
obtained based on coordination agreements for a GSO FSS system that 
does not conform to technical limits for two-degree compatibility. In 
the event that a two-degree-compliant U.S.-licensed space station 
subsequently commences co-frequency operation at an adjacent orbital 
location, however, the operator(s) of the non-conforming space station 
and/or associated earth stations will have to curtail non-conforming 
transmit operation adversely affecting the newcomer's system unless the 
newcomer consents to it, and will have to accept any downlink 
interference from the newcomer resulting from the use of earth station 
antennas with non-conforming gain patterns.
    Intelsat contends that the two-degree spacing rules hinder U.S.-
licensed satellite operators from providing innovative ``broadband 
mobility''

[[Page 65109]]

services and services involving use of high power output to earth 
stations with small antennas and may place U.S.-licensed satellite 
operators at a competitive disadvantage compared with foreign-licensed 
operators that are granted access to the U.S. market. Intelsat proposes 
that instead of adhering to the two-degree spacing rules, the 
Commission should allow coordination between operators to control 
operational requirements and should resolve disputes based on ITU 
coordination priority.
    We invite comment as to whether the Commission should require a new 
entrant to coordinate co-frequency, co-coverage operation with a U.S.-
licensed operator that has been providing non-two-degree-compliant GSO 
FSS services without causing unacceptable interference. If we were to 
adopt such a policy, should coordination priority and protection rights 
between U.S. licensees, or operators with U.S. market access, be based 
on ITU filing priority, as Intelsat recommends, or should it be based 
on FCC application filing dates?
    Section 25.140(a) requires license applicants for GSO FSS space 
stations to provide an interference analysis demonstrating that the 
proposed system will be compatible with previously authorized GSO space 
stations within two angular degrees of the proposed space station. 
Intelsat maintains that there is no need for such a showing because 
protection of adjacent satellites is ensured by rules requiring 
adherence to technical limits or coordination of non-conforming 
operation. Furthermore, Intelsat maintains that interference showings 
submitted pursuant to Sec.  25.140(a) are often based on assumptions 
that may not accurately reflect the actual operational environment. We 
propose to amend Sec.  25.140(a) in several respects. To begin with, 
for reasons stated below, we propose to remove the routine limits on 
the power spectral density or power flux-density of downlink 
transmission in the conventional Ku-band and 20/30 GHz bands from 
Sec. Sec.  25.134, 25.138, and 25.212 and insert them in Sec.  
25.140(a) as coordination triggers for space station applicants and 
licensees. The rules do not currently specify routine limits for 
downlink transmission in the conventional or extended C-band, but 
taking into account the capabilities of current C-band satellites and 
typical operational conditions, we propose to amend Sec.  25.140(a) to 
specify a 1 dBW/4 kHz coordination threshold for digital downlink 
transmission in the conventional or extended C-band and an 8 dBW/4kHz 
coordination threshold for analog downlink transmission in those bands.
    Further, we propose to amend Sec.  25.140(a) to allow applicants to 
provide certifications in lieu of an interference analysis. Under the 
amended rule that we propose, an applicant for a GSO FSS space station 
at an orbital location less than two degrees from the assigned location 
of a co-frequency space station could either certify that the proposed 
operation has been coordinated with the operator of the co-frequency 
satellite or submit an interference analysis demonstrating the 
compatibility of the proposed system with the co-frequency satellite. 
An applicant for space station operation (other than analog video 
operation) at a location two degrees or more from the nearest co-
frequency satellite would not have to provide an interference analysis 
if it certifies that it will coordinate any uplink or downlink 
operation exceeding relevant routine limits with operators of co-
frequency satellites within six degrees.
    Because there is no EIRP density limit in the Commission's rules 
for analog video downlinks and the number of satellites transmitting 
analog video signals is gradually diminishing, we do not propose 
technical criteria for routine licensing of analog video space station 
operation. Rather, we propose to require such operation to be 
coordinated with operators of co-frequency satellites within six 
degrees of the proposed space station that are U.S.-licensed or 
approved for U.S. market access.

The First-Come, First-Served Procedure for GSO-Like Satellite Systems

    The Commission adopted the first-come, first-served licensing 
procedure for ``GSO-like'' space stations--that is, GSO space stations 
designed for communication with earth stations with directional 
antennas--in 2003. We have requested comment on a proposal to eliminate 
the two-degree spacing policy and instead rely on ITU filing priority, 
which is also based on the first-come, first-served principle. More 
generally, we invite comment as to whether modification of the first-
come-first-served procedure might be appropriate and how the statutory 
prohibition against assigning ``orbital locations or spectrum used for 
the provision of international or global satellite communications 
services'' by competitive bidding should affect consideration of this 
issue.

Other Proposed Changes in Part 25

    The Commission is proposing other changes in part 25 as indicated 
in the following topic list. For details on these proposals, see FCC 
14-142, available for download at https://apps.fcc.gov/edocs_public/Query.do?numberFld=14-142&numberFld2=&docket=12-267&dateFld=&docTitleDesc=.

A. Codification of Replacement Satellite Policies (Sections 25.157 
and 25.158)
B. Licensing Rules for Earth Stations that Transmit to GSO Space 
Stations in FSS Frequency Bands
    1. Overview of Current Routine Licensing Rules (Sections 25.132, 
25.134, 25.138, 25.209, 25.211, 25.212, 25.218, 25.220, 25.221, 
25.222, 25.223, 25.226, and 25.227)
    2. Definition of ``theta''
    3. ``Plane Tangent to the GSO Arc''
    4. Emissions Outside the Plane Tangent to the GSO Arc
    5. Sidelobe and Backlobe Allowances
    6. EIRP Density Specifications for Cross-Polarized Signals
    7. Limits on Aggregate EIRP Density
    8. Operation With Contention Protocols
    9. Routine Licensing Criteria for Stations Transmitting Full-
Transponder Analog Video Signals
    10. Analog Signal Bandwidth
    11. Criteria for Downlink Transmission
    12. Alternative Routine Licensing Criteria for 20/30 GHz Earth 
Stations
    13. Routine Gain Envelopes for 17/24 GHz BSS Feeder-Link 
Stations
    14. Other Proposed Changes in Sec. Sec.  25.134 and 25.212
    15. Clarification of the Applicability of Sec.  25.218
    16. Reference Bandwidth in EIRP Density Specifications in Sec.  
25.138
    17. Routine Licensing Criteria for Extended C-Band Stations
    18. Off-Axis Gain Standards for FSS Earth Stations
    19. Demonstrating Conformance With Limits on Off-Axis Gain and 
EIRP Density
    20. Coordination Requirements for Non-Conforming Earth Station 
Operation
    21. Other Proposed Changes in Licensing Rules for Earth Stations 
on Vessels, Vehicle Mounted Earth Stations, and Earth Stations 
Aboard Aircraft
C. Section 25.103 ``Definitions'' (Section 25.103)
    1. ``20/30 GHz Bands''
    2. ``Conventional C-Band'' ``Extended C-Band'' ``Conventional 
Ku-Band''
    3. ``NGSO FSS Gateway Earth Station''
    4. ``Permitted Space Station List''
    5. ``Plane Perpendicular/Tangent to the GSO Arc''
    6. ``Protection Areas''
    7. ``Skew Angle''
    8. ``Two-Degree-Compliant Space Station''
    9. ``VSAT Network''
D. Rules Pertaining to Dismissal of Applications (Sections 25.112 
and 25.152)
E. Section 25.113 ``Station construction, launch authority, and 
operation of spare satellites''
F. Section 25.114 ``Applications for space station authorizations''
G. Further Proposed Changes in Sec.  25.115 ``Applications for earth 
station authorizations''

[[Page 65110]]

H. Section 25.117 ``Modification of station license''
I. Section 25.118 ``Modifications not requiring prior 
authorization''
    1. Earth station modifications
    2. Fleet management rule
J. Section 25.119 ``Assignment or transfer of control of station 
authorization''
K. Section 25.129 ``Equipment authorization for portable earth-
station transceivers''
L. Section 25.130 ``Filing requirements for transmitting earth 
stations''
M. Section 25.131 ``Filing requirements and registration for 
receive-only earth stations''
N. Section 25.133 ``Period of construction; certification of 
commencement of operation''
O. Other Proposed Changes in Sec.  25.138
P. Service-Specific Space Station Licensing Rules
    1. Section 25.143 ``Licensing provisions for the 1.6/2.4 GHz 
Mobile-Satellite Service and 2 GHz Mobile-Satellite Service''
    2. Section 25.145 ``Licensing provisions for the Fixed-Satellite 
Service in the 20/30 GHz bands''
    3. Section 25.146 ``Licensing and operating rules for the non-
geostationary orbit Fixed-Satellite Service in the 10.7 GHz-14.5 GHz 
bands''
    4. Section 25.147 ``Licensing provision for NGSO MSS feeder 
downlinks in the band 6700-6875 MHz''
    5. Section 25.264 ``Requirements to facilitate reverse-band 
operation in the 17.3-17.8 GHz band of 17/24 GHz Broadcasting-
Satellite Service and Direct Broadcast Satellite Service space 
stations''
    6. Polarization Requirements for FSS Space Stations (Sections 
25.210)
Q. Section 25.156 ``Consideration of applications''
R. Section 25.159 ``Limits on pending applications and unbuilt 
satellite systems''
S. Section 25.163 ``Reinstatement''
T. Section 25.165 ``Posting of bonds''
U. Section 25.202 ``Frequencies, frequency tolerance, and emission 
limits''
V. Section 25.203 ``Choice of sites and frequencies''
W. Operating Rules for Earth Stations
    1. Section 25.204 ``Power limits for earth stations''
    2. Section 25.205 ``Minimum angle of antenna elevation''
    3. Section 25.211 ``Analog video transmissions in the Fixed-
Satellite Service''
    4. Section 25.258 ``Sharing between NGSO MSS Feeder links 
Stations and GSO FSS services in the 29.25-29.5 GHz bands''
X. Section 25.283 ``End-of-life disposal''

Regulatory Impact Conclusion

    The amendments we propose would update the Commission's rules for 
satellite services to reflect evolving technology, eliminate 
unnecessary technical and information-filing requirements, and 
reorganize, clarify, and simplify existing requirements. We believe 
that these changes would serve the public interest by promoting 
compliance with the Commission's operating rules, improving the ability 
of the public and Commission to assess the interference potential of 
proposed operations, affording more flexibility for incorporating 
state-of-the-art design, easing administrative burdens, and 
facilitating rapid deployment of new and improved satellite services. 
We believe that these benefits would outweigh any resultant costs and 
that the rule changes would reduce net costs, on average, for 
applicants and licensees. We invite comment on these conclusions.

Ex Parte Presentations

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

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as 
amended,\1\ the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the possible economic impact on small 
entities of the rule changes proposed in the FNPRM. The IRFA is set 
forth in FCC 14-142 as Appendix D and is summarized here. Written 
public comments are requested on the IRFA. Comments must be identified 
as responses to the IRFA and must be filed by the comment deadlines 
specified above.
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 601 et seq., as amended by the Contract With 
America Advancement Act of 1996, Public Law 104-121, 110 Stat. 847 
(1996).
---------------------------------------------------------------------------

    The Regulatory Flexibility Act 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.'' A small business concern is one that: (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).\2\ The SBA considers a satellite 
telecommunications firm to be small if it has $32.5 million or less in 
annual receipts. Some earth station applicants and licensees that 
qualify as small firms by this criterion might be affected rule changes 
proposed in the FNPRM.
---------------------------------------------------------------------------

    \2\ Small Business Act, 15 U.S.C. 632 (1996).
---------------------------------------------------------------------------

    The FNPRM seeks comment on a variety of proposals for revision of 
rules governing licensing and operation of space stations and earth 
stations for provision of satellite communication services. 
Specifically, it proposes to:
     Allow space station applicants to file through the 
Commission a satellite network with the International Telecommunication 
Union up to two years before filing a complete space station 
application with the Commission.
     Eliminate some or all interim space station construction 
milestone requirements and simplify the showing needed to demonstrate 
compliance with the CDR milestone, if it is retained.
     Modify the space station bond requirements to provide 
better incentives against spectrum warehousing.

[[Page 65111]]

     Modify the two-degree spacing policy to permit continued 
operation of a non-two-degree compliant satellite network to the extent 
that such operation can be coordinated with other operators prior to 
the introduction of a nearby two-degree-compliant satellite.
     Eliminate the requirement for a space station applicant 
that starts constructing its satellite prior to filing an application 
with the Commission to notify the Commission in writing that it is 
doing so at its own risk.
     Clarify the requirements to limit aggregate uplink power 
density from multiple earth stations transmitting to the same 
satellite.
     Provide for the automatic grant of applications for 
repositioning of space stations with a small offset from the originally 
authorized orbital location, and for minor repointing of space station 
antennas.
     Allow earth station operators to communicate with a 
replacement satellite deployed with a small offset from the originally 
authorized satellite without prior Commission authorization.
     Extend the frequency bands in which routine earth station 
licensing is permitted.
     Expand routine earth station license qualification options 
for 20/30 GHz earth station applicants.
     Clarify earth station off-axis antenna radiation pattern 
requirements, and the ranges over which the off-axis radiated power can 
exceed the specified limits.
     Permit earth station applicants to file off-axis antenna 
radiation charts instead of tables except in off-axis angular regions 
where the off-axis radiation exceeds specified limits.
     Eliminate the requirement for portable earth station 
manufacturers to demonstrate compliance with the radiated power limits 
in Sec.  25.204 of the Commission's rules.
     Lower the minimum permissible elevation angle for earth 
stations operating in bands not shared with terrestrial services from 
five degrees to three degrees above the horizontal plane.
     Eliminate the restrictions on the center frequencies on 
which analog video transmissions in the 3700-4200 MHz band can be 
conducted.
     Eliminate antenna polarization requirements for space 
stations operating in the 4/6 GHz bands.
     Eliminate the cross-polarization requirement for FSS space 
stations.
     Eliminate a requirement for earth station applicants to 
measure and specify mid-band antenna gain.
     Eliminate a requirement to license receive-only earth 
stations communicating with non-U.S. licensed space stations approved 
for U.S. market access.
     Update and improve definitions.

Many of these proposed changes would reduce regulatory burdens for 
earth station applicants and licenses. The FNPRM invites comment from 
all interested parties. Small entities are encouraged to bring to the 
Commission's attention any specific concerns they may have with the 
proposals outlined in the FNPRM, which the Commission will consider in 
reaching its final conclusions and taking action in this proceeding.

Paperwork Reduction Act

    The FNPRM proposes new and modified information collection 
requirements and also proposes to eliminate a number of existing 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and OMB to comment on the proposed information collection 
requirements. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002,\3\ we seek specific comment on how we might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.\4\
---------------------------------------------------------------------------

    \3\ Public Law 107-198.
    \4\ 44 U.S.C. 3506(c)(4).
---------------------------------------------------------------------------

Ordering Clauses

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

List of Subjects in 47 CFR Part 25

    Definitions, Earth stations, Space stations.

Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary, Office of the Secretary, Office of Managing Director.

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

PART 0--COMMISSION ORGANIZATION

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

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

0
2. Amend Sec.  0.457 by adding paragraph (d)(1)(vii)(C) to read as 
follows:


Sec.  0.457  Records not routinely available for public inspection.

* * * * *
    (d) * * *
    (1) * * *
    (vii) * * *
    (C) Draft APIs and Coordination Requests filed pursuant to Sec.  
25.110(b)(3) are not routinely available for public inspection before 
the Commission submits them to the ITU. Such ITU submissions will be 
announced by public notice pursuant to Sec.  25.151(a).

PART 25--SATELLITE COMMUNICATIONS

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

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


Sec.  25.103  [Amended].

0
4. Amend Sec.  25.103 as follows:
0
a. Remove the definitions of ``12/14 GHz band'' and ``C-band'';
0
b. Revise the definition of ``20/30 GHz bands'';
0
c. Add definitions of ``Conventional C-band,'' ``Conventional Ku-
band,'' and ``Extended C-band'';
0
d. Revise the definition of ``NGSO FSS gateway earth station'';
0
e. Add definitions of ``Plane perpendicular to the GSO arc'' and 
``Plane tangent to the GSO arc'';
0
f. Revise the definition of ``Protection areas'';
0
g. Add definitions of ``Skew angle,'' ``Two-degree-compliant space 
station,'' and ``VSAT network.''
* * * * *
    20/30 GHz bands. The 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz 
(space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz 
(Earth-to-

[[Page 65112]]

space) frequency bands, which the Commission has designated as primary 
for GSO FSS operation.
* * * * *
    Conventional C-band. The 3700-4200 MHz (space-to-Earth) and 5925-
6425 MHz (Earth-to-space) FSS frequency bands.
    Conventional Ku-band. The 11.7-12.2 GHz (space-to-Earth) and 14.0-
14.5 GHz (earth-to-space) FSS frequency bands.
* * * * *
    Extended C-band. As used in this part, this term refers to the 
3600-3700 MHz (space-to-Earth), 5850-5925 MHz (Earth-to-space), 6425-
6700 (Earth-to-space), and 6700-7025 MHz (bi-directional) FSS frequency 
bands.
* * * * *
    NGSO FSS gateway earth station. An earth station or complex of 
multiple earth station antennas supporting the routing and switching 
functions of an NGSO FSS system. An NGSO FSS gateway earth station does 
not originate or terminate communication traffic, but interconnects 
multiple user-operated earth stations operating in other frequency 
bands with primary terrestrial networks, such as the public switched 
telephone network and Internet networks, communicating with the user-
operated earth stations via links with NGSO satellites. An NGSO FSS 
gateway earth station may also be used for telemetry, tracking, and 
command transmissions and is not for the exclusive use of any customer.
* * * * *
    Plane perpendicular to the GSO arc. The plane that is perpendicular 
to the ``plane tangent to the GSO arc,'' as defined below, and includes 
a line between the earth station in question and the GSO space station 
that it is communicating with.
    Plane tangent to the GSO arc. The plane defined by the location of 
an earth station's transmitting antenna and a line in the equatorial 
plane that is tangent to the GSO arc at the location of the GSO space 
station that the earth station is communicating with.
* * * * *
    Protection areas. The geographic regions where U.S. Department of 
Defense meteorological satellite systems or National Oceanic and 
Atmospheric Administration meteorological satellite systems, or both 
such systems, receive signals from low earth orbiting satellites. Also, 
areas around NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz 
Mobile-Satellite Service determined in the manner specified in Sec.  
25.203(j).
* * * * *
    Skew angle. The angle between the minor axis of an axially 
asymmetric antenna beam and the plane tangent to the GSO arc.
* * * * *
    Two-degree-compliant space station. A GSO FSS space station 
operating in the conventional or extended C-band, the conventional or 
extended Ku-band, or the 20/30 GHz bands within the routine limits on 
downlink PSD or PFD specified in Sec.  25.140(a)(3) and communicating 
only with earth stations operating in conformance with routine uplink 
parameters specified in Sec. Sec.  25.134, 25.138(a), 25.211(d), 
25.212(c), (d), or (f), 25.218, 25.221(a)(1) or (a)(3), 25.222(a)(1) or 
(a)(3), 25.223(b), 25.226(a)(1) or (a)(3), or Sec.  25.227(a)(1) or 
(a)(3).
* * * * *
    VSAT network. A network consisting of ``remote'' earth stations 
with small antennas that communicate via one or more FSS space 
stations, which usually include one or more ``hub'' or ``gateway'' 
earth stations that route messages and may perform other network 
control functions.
0
5. Amend Sec.  25.110 by revising paragraphs (b) and (d) to read as 
follows:


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

* * * * *
    (b) Submitting your application.
    (1) All earth station license applications must be filed 
electronically on Form 312 in accordance with the applicable provisions 
of part 1, subpart Y of this chapter.
    (2) Except as provided in paragraph (b)(3) of this section, 
applications for space station licenses must be filed electronically on 
Form 312 in accordance with the applicable provisions of part 1, 
subpart Y of this chapter and include all information required by Sec.  
25.114.
    (3) A license application for a GSO FSS space station not subject 
to the provisions in Appendix 30A or 30B of the ITU's Radio Regulations 
may be submitted in two steps, as follows:
    (i) Such an application may be initiated by filing, in accordance 
with the applicable provisions of part 1, subpart Y of this chapter, a 
draft API and Coordination Request for proposed space station operation 
in specified frequency bands at a specified orbital location with a 
letter signed by the party in interest or a designated representative 
requesting that the draft API and Coordination Request be submitted to 
the ITU and a declaration of acceptance of ITU cost-recovery 
responsibility in accordance with Sec.  25.111(d). Such a filing need 
not include a completed Form 312.
    (ii) An application initiated pursuant to paragraph (b)(3)(i) of 
this section may be completed by filing a complete Form 312 for the 
proposed space station and any other information required by Sec.  
25.114 within two years of the date of the public notice announcing the 
filing of the API and Coordination Request.
* * * * *
    (d) An applicant must pay the appropriate filing fee in accordance 
with part 1, subpart G of this chapter, at the time when it files Form 
312.
0
6. Amend Sec.  25.112 by revising the section heading, the first 
sentence in paragraph (b), and paragraph (c), and adding paragraph (d) 
to read as follows:


Sec.  25.112  Dismissal and return of applications.

* * * * *
    (b) Applications for space station authority found defective under 
paragraph (a)(3) or (a)(4) of this section will not be considered. * * 
*
    (c) The Commission will dismiss an application for failure to 
respond substantially within a specified time period to official 
correspondence or requests for additional information. Dismissal will 
be without prejudice unless the application is mutually exclusive 
pursuant to Sec.  25.155, in which case it will be dismissed with 
prejudice.
    (d) An application will be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to final 
Commission action.
0
7. Amend Sec.  25.113 by revising paragraphs (f) through (h) and adding 
paragraph (i) to read as follows:


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

* * * * *
    (f) Construction permits are not required for U.S.-licensed space 
stations, except for stations that the applicant proposes to operate to 
disseminate program content to be received by the public at large, 
rather than only by subscribers. Construction of a station for which a 
construction permit is not required may commence, at the applicant's 
own risk, prior to grant of a license.
    (g) Except as set forth in paragraphs (h) and (i) of this section, 
approval for orbital deployment and a station license (i.e., operating 
authority) must be applied for and granted before a space station may 
be deployed and operated in orbit. Approval for orbital deployment may 
be requested in an application for a space station license. However, an 
application for authority to deploy and operate an on-ground spare

[[Page 65113]]

satellite will be considered pursuant to the following procedures:
    (1) Applications for deployment and operation of an on-ground spare 
NGSO-like satellite will be considered pursuant to the procedures set 
forth in Sec.  25.157, except as set forth in paragraph (g)(3) of this 
section.
    (2) Applications for deployment and operation of an on-ground spare 
GSO-like satellite will be considered pursuant to the procedures set 
forth in Sec.  25.158, except as set forth in paragraph (g)(3) of this 
section.
    (3) Neither paragraph (g)(1) nor (g)(2) of this section will apply 
in cases where the space station to be deployed is determined to be an 
emergency replacement for a previously authorized space station that 
has been lost as a result of a launch failure or a catastrophic in-
orbit failure.
    (h) Operators of NGSO satellite systems licensed by the Commission 
need not file separate applications to operate technically identical 
in-orbit spares deployed pursuant to a blanket license granted under 
Sec.  25.114(a). However, the licensee must notify the Commission 
within 30 days of bringing an in-orbit spare into operation and certify 
that its activation has not increased the number of operating space 
stations above the number previously authorized and that the licensee 
has determined by measurement that the activated spare is operating 
within the terms of the license.
    (i) Replacement of Space Stations within the System License Term. 
An operator of NGSO space stations under a blanket license granted by 
the Commission need not apply for license modification to deploy and 
operate technically identical replacement satellites in a previously-
authorized orbit within the term of the system authorization. However, 
the licensee must notify the Commission of the intended launch at least 
thirty days in advance and certify that its operation of the additional 
space station(s) will not increase the number of operating space 
stations above the maximum number specified in the license.
0
8. Amend Sec.  25.114 by removing paragraph (c)(13) and revising 
paragraphs (a), (b), (c)(4)(vi)(D), (d)(10), (d)(15)(i), and 
(d)(15)(iii) and (iv) to read as follows:


Sec.  25.114  Applications for space station authorizations.

    (a)(1) A license application filed pursuant to Sec.  25.110(b)(2) 
for a GSO space station or NGSO space station or space station 
constellation must comprise a comprehensive proposal and must be 
submitted on FCC Form 312, Main Form and Schedule S, with attached 
exhibits required by paragraph (d) of this section.
    (2) An application for blanket authority for an NGSO constellation 
of space stations that are not all technically identical must provide 
the information required by paragraphs (c) and (d) of this section for 
each type of station in the constellation.
    (3) For an application filed pursuant to the two-step procedure in 
Sec.  25.110(b)(3), the filing pursuant to Sec.  25.110(b)(3)(ii) must 
be submitted on FCC Form 312, Main Form and Schedule S, with attached 
exhibits as required by paragraph (d) of this section, and must 
constitute a comprehensive proposal.
    (b) Each application for a new or modified space station 
authorization must contain the formal waiver required by section 304 of 
the Communications Act, 47 U.S.C. 304.
    (c) * * *
    (4) * * *
    (vi) * * *
    (D) For a space station with steerable beams that are not 
shapeable, specify the applicable contours, as defined in 
paragraph(c)(4)(vi)(A) or (B) of this section, with a description of a 
proposed coverage area for each steerable beam or provide the contour 
information described in paragraph (c)(4)(vi)(C) of this section for 
each steerable beam.
    (d) * * *
    (10) Applications for space station authorizations in the 1.6/2.4 
GHz or 2 GHz Mobile-Satellite Service must include information required 
by Sec.  25.143(b);
* * * * *
    (15) * * *
    (i) Except as set forth in paragraph (d)(15)(ii) of this section, 
an applicant proposing to operate in the 17.3-17.7 GHz frequency band 
must demonstrate that the proposed space station will comply with the 
power flux density limits in Sec.  25.208(w).
* * * * *
    (iii) An applicant proposing to provide international service in 
the 17.7-17.8 GHz band must certify that it will meet the power flux 
density limits in Sec.  25.208(c).
    (iv) Any information required by Sec. Sec.  25.264(a)(6), 
25.264(b)(4), or 25.264(d).
* * * * *
0
9. Amend Sec.  25.115 as follows:
0
a. Revise paragraphs (a)(2)(iii) through (vii);
0
b. Remove paragraphs (a)(2)(viii) and (ix);
0
c. Revise paragraph (c)(1);
0
d. Remove from paragraph (c) the terms ``CSAT'' and ``CSATs'' wherever 
they appear;
0
e. Revise paragraph (e), paragraph (g) introductory text, and 
paragraphs (g)(1) and (2); and
0
f. Remove and reserve paragraph (h).


Sec.  25.115  Application for earth station authorizations.

    (a) * * *
    (2) * * *
    (iii) The application meets all relevant routine licensing criteria 
in Sec. Sec.  25.134, 25.211, or 25.212 or includes information filed 
pursuant to paragraph (g)(1) of this section indicating that off-axis 
EIRP density from the proposed earth stations will not exceed relevant 
routine levels specified in Sec. Sec.  25.138(a) or 25.218; and
    (iv) Operation of the proposed station has been successfully 
coordinated with terrestrial systems, if the station would transmit in 
the 5925-6425 MHz band; and
    (v) The application includes an environmental impact statement 
pursuant to Sec.  1.1311 of this chapter, if required; and
    (vi) The applicant does not propose to communicate via non-U.S.-
licensed satellites not on the Permitted Space Station List; and
    (vii) If the proposed station(s) will transmit in the 28.35-28.6 
GHz and/or 29.5-30 GHz bands, the applicant proposes to communicate 
only via satellites for which coordination has been completed pursuant 
to Footnote US334 of the U.S. Table of Frequency Allocations with 
respect to Federal Government systems authorized on a primary basis, 
under an agreement previously approved by the Commission and the 
National Telecommunications and Information Administration, and the 
applicant certifies that it will operate consistently with the 
agreement.
* * * * *
    (c)(1) Large Networks of Small Antennas operating in the 11.7-12.2 
GHz and 14.0-14.5 GHz frequency bands with U.S.-licensed or non-U.S.-
licensed satellites for domestic or international services. 
Applications to license small antenna network systems operating in the 
11.7-12.2 GHz and 14.0-14.5 GHz frequency band under blanket operating 
authority may be filed on FCC Form 312 or Form 312EZ, with a Schedule B 
for each large (5 meters or larger) hub station and each representative 
type of small antenna (less than 5 meters) operating within the 
network.
* * * * *
    (e) License applications for earth stations operating in any 
portion of the

[[Page 65114]]

18.3-20.2 GHz and 28.35-30.0 GHz bands must be filed on FCC Form 312, 
Main Form and Schedule B, and must include any information required by 
paragraph (g) or (j) of this section or by Sec.  25.130. An applicant 
may request authority for operation of GSO FSS earth stations in the 
20/30 GHz bands without specifying the location of user terminals but 
must specify the number of terminals to be covered by the license, the 
geographic area(s) in which they will operate, and the location of hub 
and/or gateway stations.
* * * * *
    (g) Applications for earth stations that will transmit to 
geostationary satellites in any portion of the 5850-7025 MHz, 12.75-
13.25 GHz, 13.75-14.5 GHz, 24.75-25.25 GHz, 28.35-28.6 GHz, or 29.25-
30.0 GHz band must include, in addition to the particulars of operation 
identified on Form 312 and associated Schedule B, the information 
specified in either paragraph (g)(1) or (2) below for each earth 
station antenna type.
    (1) Specification of off-axis EIRP density calculated from 
measurements made consistent with the requirements in Sec.  
25.132(b)(1), in accordance with the following requirements. For 
purposes of this rule, the ``off-axis angle'' is the angle in degrees 
from a line between an earth station antenna and the target satellite.
    (i) A plot of maximum co-polarized EIRP density in the plane 
tangent to the GSO arc, for off-axis angles from minus 180[deg] to plus 
180[deg];
    (ii) A plot of maximum cross-polarized EIRP spectral density in the 
plane tangent to the GSO arc at off-axis angles from minus 10[deg] to 
plus 10[deg];
    (iii) A plot of maximum co-polarized EIRP density in the plane 
perpendicular to the GSO arc at off-axis angles from 0[deg] to plus 
30[deg];
    (iv) A plot of maximum cross-polarized EIRP density in the plane 
tangent to the GSO arc at off-axis angles from minus 10[deg] to plus 
10[deg];
    (v) A plot of maximum cross-polarized EIRP density in the plane 
perpendicular to the GSO arc at off-axis angles from minus 10[deg] to 
plus 10[deg];
    (vi) The relevant off-axis EIRP density envelopes in Sec. Sec.  
25.138, 25.218, 25.221, 25.222, 25.223, 25.226, or 25.227 must be 
superimposed on plots submitted pursuant to paragraphs (i) through (v) 
above.
    (vii) The showing must include a supplemental table for each off-
axis angular range in which the relevant routine EIRP density envelope 
will be exceeded, specifying angular coordinates in degrees off-axis 
and corresponding calculated off-axis EIRP density at 0.2 degree 
increments over the angular range in which the routine envelope will be 
exceeded and one degree on each side of that range.
    (2) An applicant that certifies pursuant to Sec.  25.132(a)(1) that 
a proposed antenna's measured gain pattern conforms to relevant 
standards in Sec.  25.209(a) and (b) and that input power density to 
the antenna will not exceed a relevant limit in Sec. Sec.  25.134, 
25.211, or 25.212 need not provide a showing pursuant to paragraph 
(g)(1) of this section for operation with that antenna.
* * * * *
0
10. Amend Sec.  25.117 by adding paragraph (h) to read as follows:


Sec.  25.117  Modification of station license.

* * * * *
    (h) Unless otherwise ordered by the Commission, an application for 
any of the following kinds of modification of the operation of a GSO 
space station will be deemed granted 35 days after the date of the 
public notice that the application has been accepted for filing, 
provided no objection is filed during the 30-day notice period and the 
application does not propose a change that would be inconsistent with a 
Commission rule or require modification of the BSS plan in Appendix 30 
or the associated feeder link plan in Appendix 30A of the ITU Radio 
Regulations.
    (1) Relocation of a DBS or GSO FSS space station by no more than 
0.15 degrees from the initially authorized orbital location; or
    (2) Repositioning one or more antenna beams by no more than 0.3 
angular degrees from a line between the space station and the initially 
authorized boresight location(s).
0
11. Amend Sec.  25.118 by revising paragraphs (a), (b), and (e) to read 
as follows:


Sec.  25.118  Modifications not requiring prior authorization.

    (a) Earth station modifications, notification required. Earth 
station licensees may make the following modifications without prior 
Commission authorization, provided they notify the Commission, using 
FCC Form 312 and Schedule B, within 30 days of the modification. The 
notification must be filed electronically through the International 
Bureau Filing System (IBFS) in accordance with the applicable 
provisions of part 1, subpart Y of this chapter.
    (1) Authorized VSAT earth station operators may add VSAT remote 
terminals without prior authorization, provided that they have complied 
with all applicable frequency coordination procedures in accordance 
with Sec.  25.251.
    (2) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
Form 312 within 30 days after the completed change to common carrier 
status.
    (3) An earth station operator may change a point of communication 
without prior authorization, provided that the operator does not 
repoint the earth station's antenna and that (i) the change results 
from a space station relocation described in paragraph (e) of this 
section, or (ii) the new point of communication is a replacement GSO 
space station operated by the operator of the original point of 
communication within 0.15 degrees of orbital longitude of the same 
location, with authority to serve the U.S., and the change does not 
entail any increase in the earth station's EIRP or EIRP density.
    (4) Licensees may make other changes to their authorized earth 
stations without prior authority from the Commission, provided the 
modification does not involve:
    (i) An increase in EIRP or EIRP density (either main lobe or off-
axis);
    (ii) A change in operating frequencies;
    (iii) A change from the originally authorized coordinates of more 
than 1 second in latitude or longitude for stations operating in 
frequency bands shared with terrestrial systems or more than 10 seconds 
of latitude or longitude for stations operating in frequency bands not 
shared with terrestrial systems;
    (iv) A change in polarization;
    (v) An increase in antenna height;
    (vi) Antenna repointing; or
    (iv) A change in the location of a remote control point.
    (b) Earth station license modifications, notification not required. 
Notwithstanding paragraph (a) of this section, equipment in an 
authorized earth station may be replaced without prior authorization 
and without notifying the Commission if the new equipment is 
electrically identical to the existing equipment.
* * * * *
    (e) Relocation of GSO space stations. A space station licensee may 
relocate a GSO space station without prior authorization, but upon 30 
days prior notice to the Commission and any potentially affected 
licensed spectrum user, provided that the operator meets the following 
requirements. The notification must be filed electronically on Form 312 
through the International

[[Page 65115]]

Bureau Filing System (IBFS) in accordance with the applicable 
provisions of part 1, subpart Y of this chapter:
    (1) The space station will be relocated to a position within 0.15 degrees of another orbit location assigned to the same 
licensee.
    (2) The licensee certifies that the space station will operate 
after the relocation within the technical parameters authorized and 
coordinated for the space station previously assigned to that location.
    (3) The licensee certifies that it will comply with all the 
conditions of its license for operation at the changed location.
    (4) The licensee certifies that it will limit operations of the 
space station to Tracking, Telemetry, and Command (TT&C) functions 
during the relocation and satellite drift transition period.
    (5) The licensee certifies that it has coordinated the station-
keeping volume of the relocated satellite with operators of adjacent 
space stations.
    (6) The licensee certifies that the relocation will not result in a 
lapse of service for any current customer.
    (7) If the space station to be relocated is a DBS space station, 
the licensee certifies that there will be no increase in interference 
due to the operations of the relocated space station that would require 
the Commission to submit a proposed modification to the ITU Appendix 30 
Broadcasting-Satellite Service (``BSS'') Plan and/or the Appendix 30A 
feeder link Plan to the ITU Radiocommunication Bureau. A DBS licensee 
that meets this certification requirement is not subject to the 
requirements in paragraph (e)(2) of this section.
    (8) A DBS licensee must also certify that it will meet the 
geographic service requirements in Sec.  25.148(c) after the 
relocation.
0
12. Amend Sec.  25.129 by revising paragraph (c) to read as follows:


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

* * * * *
    (c) In addition to the information required by Sec. Sec.  1.1307(b) 
and 2.1033(c) of this chapter, applicants for certification required by 
this section must submit any additional equipment test data necessary 
to demonstrate compliance with pertinent standards for transmitter 
performance prescribed in Sec. Sec.  25.138, 25.202(d) and (f), and 
25.216, must submit the statements required by Sec.  2.1093(c) of this 
chapter, and must demonstrate compliance with the labeling requirement 
in Sec.  25.285(b).
0
13. Amend Sec.  25.130 by revising paragraph (b), paragraph (g) 
introductory text, and the note to paragraph (g) to read as follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

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

    Note to Paragraph (g): This paragraph does not apply to VSAT 
network applications filed pursuant to Sec. Sec.  25.115(c) or 
25.218; applications for 20/30 GHz hub stations filed pursuant to 
Sec.  25.115(e); applications for NGSO FSS gateway earth stations 
filed pursuant to Sec.  25.115(f); applications filed pursuant to 
Sec. Sec.  25.221, 25.222, 25.226, or 25.227; or applications for 29 
GHz NGSO MSS feeder link stations in a complex as defined in Sec.  
25.257.

0
14. Amend Sec.  25.131 by revising paragraphs (b) and (j)(2) to read as 
follows:


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

* * * * *
    (b) Receive-only earth stations in the Fixed-Satellite Service that 
operate with U.S.-licensed space stations, or with non-U.S.-licensed 
space stations that have been duly approved for U.S. market access, may 
be registered with the Commission in order to protect them from 
interference from terrestrial microwave stations in bands shared co-
equally with the Fixed Service in accordance with the procedures of 
Sec. Sec.  25.203 and 25.251, subject to the stricture in Sec.  
25.209(e).
* * * * *
    (j) * * *
    (2) Operators of receive-only earth stations need not apply for 
license authority to receive transmissions from non-U.S.-licensed space 
stations that have been duly approved for U.S. market access, provided 
the space station operator and earth station operator comply with all 
applicable rules in this chapter and with applicable conditions in the 
Permitted Space Station List or market-access authorization.
0
15. Amend Sec.  25.132 by revising the section heading and paragraphs 
(a) and (b) to read as follows:


Sec.  25.132  Verification of earth station antenna performance.

    (a)(1) Except as provided in paragraph (a)(2) of this section, 
applications for transmitting earth stations in the Fixed-Satellite 
Service, including feeder-link stations, must include certification 
that the applicant has reviewed the results of a series of radiation 
pattern tests performed by the antenna manufacturer on representative 
equipment in representative configurations, and the test results 
demonstrate that the equipment meets relevant off-axis gain standards 
in Sec.  25.209, measured in accordance with paragraph (b)(1) of this 
section. Applicants and licensees must be prepared to submit the 
radiation pattern measurements to the Commission on request.
    (2) Applicants that specify off-axis EIRP density pursuant to Sec.  
25.115(g)(1) are exempt from the certification requirement in paragraph 
(a)(1) of this section.
    (b)(1) For purposes of paragraph (a)(1) of this section and Sec.  
25.115(g)(1), the following measurements on a production antenna 
performed on calibrated antenna range must be made at the top and 
bottom of each frequency band assigned for uplink transmission:
    (i)(A) Co-polarized gain in the azimuth plane must be measured 
across a range extending to 180 degrees on each side of the main-lobe 
axis, and the measurements must be represented in two plots: One across 
the entire angular range of 180 degrees from the main-lobe 
axis and the other across 10 degrees from the main-lobe 
axis.
    (B) Co-polarized gain must be measured from 0 to 30 degrees from 
beam peak in the elevation plane.
    (ii) Cross-polarization gain must be measured across a range of 
plus and minus 10 degrees from beam peak in the azimuth and elevation 
planes.
    (iii) Main beam gain.
    (iv) For antennas with asymmetric apertures or beams, where the 
minor axis of the antenna beam (major axis of

[[Page 65116]]

the antenna aperture) will not always be aligned parallel to the plane 
tangent to the GSO arc, measurements must be made at the worst-case 
skew angle at which the antenna will operate.
    (2) The relevant envelope specified in Sec.  25.209 must be 
superimposed on each measured pattern.
* * * * *
0
16. Amend Sec.  25.133 by removing and reserving paragraph (c), and 
revising paragraphs (a)(2), (b)(1)(v) and (vi), and (b)(2) to read as 
follows:


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

    (a) * * *
    (2) Operation of a network of earth stations at unspecified 
locations under an initial blanket license must commence within 12 
months from the date of the license grant unless the Commission orders 
otherwise.
    (b)(1) * * *
    (v) A certification that the facility as authorized has been 
completed and that each antenna has been tested and found to perform 
within authorized gain patterns or off-axis EIRP density levels; and
    (vi) The date when the earth station became operational.
    (2) For FSS earth stations authorized under a blanket license, the 
licensee must notify the Commission when the earth station network 
commences operation. The notification should include the information 
described in paragraphs (b)(1)(i) through (iv) of this section and a 
certification that each hub antenna, and each type of antenna used in 
remote stations in the network, has been tested and found to perform 
within authorized gain patterns or off-axis EIRP density levels.
* * * * *
0
17. Amend Sec.  25.134 by removing paragraph (g), redesignating 
paragraph (h) as paragraph (g), revising the section heading and 
paragraphs (a) and (b), and adding paragraph (c) to read as follows:


Sec.  25.134  Licensing provisions for 4/6 GHz, 12/14 GHz, and 20/30 
GHz VSAT networks.

    (a) A license application for operation of a VSAT network in the 4/
6 GHz bands may be routinely processed if frequency coordination has 
been satisfactorily completed pursuant to Sec.  25.203 and the criteria 
in paragraph (a)(1) or (2) of this section are met:
    (1)(i) Equivalent antenna diameter is 4.5 meters or more, and the 
applicant certifies pursuant to Sec.  25.132(a)(1) that the off-axis 
gain of transmitting antennas in the network will not exceed the 
relevant levels specified in Sec.  25.209(a) and (b);
    (ii) The input power of any full-transponder analog video 
transmission will not exceed the relevant limit in Section 25.211(d), 
and the bandwidth and input power density of any other type of analog 
transmission will not exceed the relevant limits in Sec.  25.212(d);
    (iii) The power density of any digitally modulated carrier will not 
exceed -2.7 - 10log(N) dBW/4 kHz at the input of any network antenna. 
``N'' is the number of network earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
not counting burst collisions resulting from operation with a 
contention protocol. N=1 for any station not transmitting 
simultaneously with others on common frequencies to the same target 
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation.
    (2) The application is not subject to an exclusion in Sec.  
25.218(a)(1) or (2) and includes tables filed pursuant to Sec.  
25.115(g)(1) indicating that off-axis EIRP density from the proposed 
earth stations will not exceed relevant routine levels specified in 
Sec.  25.218.
    (b) Applications for VSAT operation in the 12/14 GHz bands may be 
routinely processed if the criteria in the following paragraph (1) or 
(2) are met.
    (1) (i) Equivalent antenna diameter is 1.2 meters or more, and the 
applicant certifies pursuant to Sec.  25.132(a)(1) that the off-axis 
gain of transmitting antennas in the network will not exceed the 
relevant levels specified in Sec.  25.209(a) and (b);
    (ii) The input power of any full-transponder analog video 
transmission will not exceed the relevant limit in Sec.  25.211(d), and 
the bandwidth and input power density of any other type of analog 
transmission will not exceed the relevant limits in Sec.  25.212(c);
    (iii) The power spectral density of any digitally modulated carrier 
into any transmitting earth station antenna in the proposed network 
will not exceed -14.0 - 10log(N) dBW/4 kHz. N is the number of network 
earth stations that transmitting simultaneously in the same frequencies 
to the same target satellite, not counting packet burst collisions 
resulting from operation with a contention protocol. N=1 for any 
station not transmitting simultaneously with others on common 
frequencies to the same target satellite and stations in networks that 
permit such simultaneous co-frequency transmission only in contention 
protocol operation.
    (2) The application is not subject to an exclusion in Sec.  
25.218(a)(1) or (2) and includes tables filed pursuant to Sec.  
25.115(g)(1) indicating that off-axis EIRP density from the proposed 
earth stations will not exceed relevant routine levels specified in 
Sec.  25.218.
    (c) Applications for VSAT stations that will transmit digitally 
modulated signals to GSO space stations in the 28.35-28.6 GHz and/or 
29.25-30.0 GHz band may be routinely processed if the criteria in the 
following paragraph (1) or (2) are met:
    (1) (i) Equivalent antenna diameter is at least 0.66 meters and the 
applicant certifies pursuant to Sec.  25.132(a)(1) that the off-axis 
gain of transmitting antennas in the network will not exceed the 
relevant levels specified in Sec.  25.209(a) and (b);
    (ii) The power spectral density of any digitally modulated carrier 
into any transmitting earth station antenna in the proposed network 
will not exceed 3.5 - 10log(N) dBW/MHz. ``N'' is the number of network 
earth stations transmitting simultaneously in the same frequencies to 
the same target satellite, not counting burst collisions resulting from 
operation with a contention protocol. N=1 for any station not 
transmitting simultaneously with others on common frequencies to the 
same target satellite and stations in networks that permit such 
simultaneous co-frequency transmission only in contention protocol 
operation.
    (2) The application includes tables filed pursuant to Sec.  
25.115(g)(1) indicating that off-axis EIRP density from the proposed 
earth stations will not exceed relevant routine levels specified in 
Sec.  25.138.
* * * * *
0
18. Amend Sec.  25.138 by removing and reserving paragraphs (c) through 
(e); removing paragraph (g); and revising the section heading, 
paragraph (a) introductory text, paragraphs (a)(1) through (5), and 
paragraph (b) to read as follows:


Sec.  25.138  Licensing requirements for GSO FSS Earth Stations in the 
20/30 GHz bands.

    (a) Applications for earth station licenses in the GSO FSS in the 
20/30 GHz bands that indicate that the following requirements will be 
met and include the information required by relevant provisions in 
Sec. Sec.  25.115 and 25.130 may be routinely processed:
    (1) The EIRP spectral density of co-polarized signals in the plane 
tangent to the GSO arc, as defined in Sec.  25.103, will not exceed the 
following values under clear sky conditions:

[[Page 65117]]



------------------------------------------------------------------------
 
------------------------------------------------------------------------
32.5-25log([thetas])-10log(N)  dBW/MHz        for
                                               2.0[deg]<=[thetas]<=7[deg
                                               ].
11.35-10log(N)...............  dBW/MHz        for
                                               7[deg]<=[thetas]<=9.23[de
                                               g].
35.5-25log([thetas])-10log(N)  dBW/MHz        for
                                               9.23[deg]<=[thetas]<=48[d
                                               eg].
3.5-10log(N).................  dBW/MHz        for
                                               48[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


Where [thetas] is the angle in degrees from a line from the earth 
station antenna to the assigned location of the target satellite. For 
stations in networks that allow multiple terminals to transmit 
simultaneously in shared frequencies with equal on-axis EIRP, ``N'' is 
the maximum number of network earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
not counting burst collisions resulting from operation with a 
contention protocol. N=1 for any station not transmitting 
simultaneously with others on common frequencies to the same target 
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation.
    (2) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, the EIRP density of co-polarized signals will not exceed the 
following values under clear sky conditions:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
35.5-25log([thetas])-10log(N)  dBW/MHz        for
                                               3.5[deg]<=[thetas]<=7[deg
                                               ].
14.35-10log(N)...............  dBW/MHz        for
                                               7[deg]<[thetas]<=9.23[deg
                                               ].
38.5-25log([thetas])-10log(N)  dBW/MHz        for
                                               9.23[deg]<[thetas]<=48[de
                                               g].
6.5-10log(N).................  dBW/MHz        for
                                               48[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
22.5-25log([thetas])-10log(N)  dBW/MHz        for
                                               2.0[deg]<[thetas]<=7.0[de
                                               g].
1.35-10log(N)................  dBW/MHz        for
                                               7.0[deg]<[thetas]<=9.23[d
                                               eg].
------------------------------------------------------------------------


Where [thetas] and N are as defined in paragraph (a)(1) of this 
section.
    (5) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared 
frequencies to the same target satellite may be routinely processed if 
the applicant demonstrates the following:
    (i) EIRP density from each station in the network will not exceed a 
level 1 dB below the levels specified in paragraphs (a)(1), (a)(2), and 
(a)(4) of this section, with the value of N=1.
    (ii) Aggregate EIRP density toward any co-frequency space station 
other than the target satellite not resulting from colliding data 
bursts transmitted pursuant to a contention protocol will not exceed 
the limit specified in paragraph (a)(5)(i) of this section.
* * * * *
    (b) Operation with off-axis EIRP density exceeding a relevant 
envelope specified in paragraph (a) of this section and applications 
proposing such operation are subject to coordination requirements in 
Sec.  25.220.
* * * * *
0
19. Amend Sec.  25.140 by revising paragraphs (a) and (b)(3) to read as 
follows:


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

    (a)(1) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation involving transmission of 
analog video signals must certify that the proposed analog video 
operation has been coordinated with operators of authorized co-
frequency space stations within 6 degrees of the requested orbit 
location.
    (2) In addition to the information required by Sec.  25.114, an 
applicant for a GSO FSS space station at an orbital location less than 
2 degrees from the assigned location of an authorized co-frequency GSO 
space station must either certify that the proposed operation has been 
coordinated with the operator of the co-frequency space station or 
submit an interference analysis demonstrating the compatibility of the 
proposed system with the co-frequency space station. Such analysis must 
include, for each type of radio frequency carrier, the link noise 
budget, modulation parameters, and overall link performance analysis. 
(See Appendices B and C to Licensing of Space Stations in the Domestic 
Fixed-Satellite Service, FCC 83-184, and the following public notices, 
copies of which are available in the Commission's EDOCS database: DA 
03-3863 and DA 04-1708.) The provisions in this paragraph do not apply 
to proposed analog video operation, which is subject to the requirement 
in paragraph (a)(1).
    (3) In addition to the information required by Sec.  25.114, 
applicants for GSO FSS space stations must provide the following for 
operation other than analog video operation:
    (i) With respect to proposed operation in the conventional or 
extended C-band, certification that downlink EIRP density will not 
exceed 1 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog 
transmissions and that EIRP density from associated uplink operation 
will not exceed applicable envelopes in Sec. Sec.  25.218 or 25.221(a) 
unless the non-conforming uplink and/or downlink operation is 
coordinated with operators of authorized co-frequency space stations at 
assigned locations within 6 degrees of the orbital location of the 
proposed space station.
    (ii) With respect to proposed operation in the conventional or 
extended Ku-band, certification that downlink EIRP density will not 
exceed 10 dBW/4kHz for digital transmission or 17 dBW/4kHz for analog 
transmission and that associated uplink operation will not exceed 
applicable EIRP density envelopes in Sec. Sec.  25.218, 25.222, 25.226, 
or 25.227 unless the non-conforming

[[Page 65118]]

uplink and/or downlink operation is coordinated with operators of 
authorized co-frequency space stations at assigned locations within 6 
degrees of the orbital location of the proposed space station.
    (iii) With respect to proposed operation in the 20/30 GHz band, 
certification that the proposed space stations will not generate power 
flux-density at the Earth's surface in excess of -118 dBW/m\2\/MHz and 
that associated uplink operation will not exceed applicable EIRP 
density envelopes in Sec.  25.138(a) unless the non-conforming uplink 
and/or downlink operation is coordinated with operators of authorized 
co-frequency space stations at assigned locations within 6 degrees of 
the orbital location of the proposed space station.
    (iv) With respect to proposed operation in other FSS bands, an 
interference analysis demonstrating compatibility with any previously 
authorized co-frequency space station at a location two degrees away or 
certification that the proposed operation has been coordinated with the 
operator(s) of the previously authorized space station(s). If there is 
no previously authorized space station at a location two degrees away, 
the applicant must submit an interference analysis demonstrating 
compatibility with a hypothetical co-frequency space station two 
degrees away with the same receiving and transmitting characteristics 
as the proposed space station.
    (b) * * *
    (3) Except as described in paragraph (b)(5) of this section, an 
applicant for a license to operate a 17/24 GHz BSS space station that 
will be located precisely at one of the 17/24 GHz BSS orbital locations 
specified in Appendix F of the Report and Order adopted May 2, 2007, IB 
Docket No. 06-123, FCC 07-76, must provide an interference analysis 
demonstrating the compatibility of its proposed network with any 
current or future authorized space station in the 17/24 GHz BSS that 
complies with the technical rules in this part and will be located at 
least 4 degrees from the proposed space station.
* * * * *


Sec.  25.142  [Amended].

0
20. Amend Sec.  25.142 by removing paragraph (a)(5).
0
21. Amend Sec.  25.143 by removing paragraph (c), redesignating 
paragraph (f) as paragraph (c), redesignating paragraph (h) as 
paragraph (d), and revising paragraph (a) 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.

    (a) Authority to launch and operate a constellation of NGSO 
satellites will be awarded in a single blanket license for operation of 
a specified number of space stations in specified orbital planes. An 
individual license will be issued for each GSO satellite, whether it is 
to be operated in a GSO-only system or in a GSO/NGSO hybrid system.
* * * * *
0
22. Amend Sec.  25.145 by removing and reserving paragraph (f), 
removing paragraph (h), and revising the section heading and paragraph 
(e) to read as follows:


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

* * * * *
    (e) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the Fixed-Satellite Service 
operating in portions of the 18.3-20.2 GHz and 28.35-30.0 GHz bands if 
that applicant, or any persons or companies controlling or controlled 
by the applicant, shall acquire or enjoy any right, for the purpose of 
handling traffic to or from the United States, its territories or 
possessions, to construct or operate space segment or earth stations, 
or to interchange traffic, which is denied to any other United States 
company by reason of any concession, contract, understanding, or 
working arrangement to which the Licensee or any persons or companies 
controlling or controlled by the Licensee are parties.
0
23. Amend Sec.  25.146 by removing paragraph (m) and.revising the 
second sentence in paragraph (a)(1) to read as follows:


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

    (a) * * *
    (1) * * * 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-
geostationary satellite orbit fixed-satellite system networks with 
limits contained in Article 22 of the Radio Regulations.'' * * *
* * * * *


Sec.  25.147  [Removed and Reserved].

0
24. Remove and reserve Sec.  25.147.
0
25. Amend Sec.  25.151 by revising the section heading and paragraphs 
(a)(1), (a)(7) and (a)(8) and adding paragraphs (a)(9) and (10) to read 
as follows:


Sec.  25.151  Public notice.

    (a) * * *
    (1) The receipt of applications for new station authorizations, 
except applications for space station authorizations filed pursuant to 
Sec.  25.110(b)(3)(i);
* * * * *
    (7) Information which the Commission in its discretion believes to 
be of public significance;
    (8) Special environmental considerations as required by part 1 of 
this chapter; and
    (9) Submission of APIs and Coordination Requests to the ITU in 
response to requests filed pursuant to Sec.  25.110(b)(3)(i).
    (10) Receipt of information filed pursuant to Sec.  
25.110(b)(3)(ii).
* * * * *


Sec.  25.152  [Removed and Reserved].

0
26. Remove and reserve Sec.  25.152.
0
27. Amend Sec.  25.155 by removing from paragraph (a) the word 
``electrical'' and revising paragraphs (b) and (c) to read as follows:


Sec.  25.155  Mutually exclusive applications.

* * * * *
    (b) A license application for NGSO-like satellite operation, as 
defined in Sec.  25.157, will be entitled to comparative consideration 
with one or more mutually exclusive applications only if the 
application is received by the Commission in a condition acceptable for 
filing by the ``cut-off'' date specified in a public notice.
    (c) A license application for GSO-like satellite operation, as 
defined in Sec.  25.158, will be entitled to comparative consideration 
with another application only if:
    (1) The application is mutually exclusive with another GSO-like 
space station application; and
    (2) The application is received by the Commission in a condition 
acceptable for filing at the same millisecond as the other application.
0
28. Amend Sec.  25.156 by removing and reserving paragraph (b) and 
revising paragraphs (d)(1) through (5) to read as follows:


Sec.  25.156  Consideration of applications.

* * * * *
    (d)(1) Applications for NGSO-like satellite operation will be 
considered pursuant to the procedures set forth in Sec.  25.157, except 
as provided in Sec.  25.157(b).
    (2) Applications for GSO-like satellite operation will be 
considered pursuant

[[Page 65119]]

to the procedures set forth in Sec.  25.158, except as provided in 
Sec.  25.158(a)(2).
    (3) Applications for both NGSO-like satellite operation and GSO-
like satellite operation in two or more service bands will be treated 
as separate applications for each service band, and each service band 
request will be considered pursuant to Sec. Sec.  25.157 or 25.158, as 
appropriate.
    (4) Applications for feeder link authority or intersatellite link 
authority will be treated like an application separate from its 
associated service band. Each feeder link request or intersatellite 
link request will be considered pursuant to the procedure for 
applications for GSO-like operation or NGSO-like operation, as 
applicable.
    (5) In cases where the Commission has not adopted frequency-band 
specific service rules, the Commission will not consider applications 
for NGSO-like satellite operation after it has granted an application 
for GSO-like operation in the same frequency band, and it will not 
consider applications for GSO-like operation after it has granted an 
application for NGSO-like operation in the same band, unless and until 
the Commission establishes NGSO/GSO sharing criteria for that frequency 
band. In the event that the Commission receives applications for NGSO-
like operation and applications for GSO-like operation at the same 
time, and the Commission has not adopted sharing criteria in that band, 
the Commission will divide the spectrum between GSO-like and NGSO-like 
licensees based on the proportion of qualified GSO-like and NGSO-like 
applicants.
* * * * *
0
29. Amend Sec.  25.157 by revising the section heading, paragraphs (a) 
and (b), paragraph (c) introductory text, paragraph (g)(1), and the 
last sentence in paragraph (g)(2) to read as follows:


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

    (a) This section specifies the procedures for considering license 
applications for ``NGSO-like'' satellite operation, except as provided 
in paragraph (b) of this section. For purposes of this section, the 
term ``NGSO-like satellite operation'' is defined as:
    (1) Operation of any NGSO satellite system, and
    (2) Operation of a GSO MSS satellite to communicate with earth 
stations with non-directional antennas.
    (b) The procedures prescribed in this section do not apply to an 
application by the licensed operator of an NGSO constellation or GSO 
MSS space station for authority to launch and operate a replacement 
satellite, or satellites, with the same operating frequencies as the 
satellite(s) to be replaced and (if the replacement satellite is GSO) 
at an orbital location within 0.15 degrees of the assigned 
location of the satellite to be replaced and which will be launched 
before the satellite(s) to be replaced are, or is, retired from service 
or within a reasonable time after loss of a satellite during launch or 
due to premature failure in orbit.
    (c) Each application for NGSO-like satellite operation that is 
acceptable for filing under Sec.  25.112, except replacement 
applications described in paragraph (b) of this section, will be 
reviewed to determine whether it is a ``competing application,'' i.e., 
filed in response to a public notice initiating a processing round, or 
a ``lead application,'' i.e., all other applications for NGSO-like 
satellite operation.
* * * * *
    (g)(1) In the event that a license granted in a processing round 
pursuant to this section is cancelled for any reason, the Commission 
will redistribute the bandwidth allocated to that applicant equally 
among the remaining applicants whose licenses were granted concurrently 
with the cancelled license, unless the Commission determines that such 
a redistribution would not result in a sufficient number of licensees 
remaining to make reasonably efficient use of the frequency band.
    (2) * * * Parties already holding licenses for NGSO-like satellite 
operation in that frequency band will not be permitted to participate 
in that processing round.
* * * * *
0
30. Amend Sec.  25.158 by revising the section heading, paragraph (a), 
paragraph (b) introductory text, paragraphs (b)(2) and (c), and 
paragraph (d) introductory text to read as follows:


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

    (a)(1) Except as provided in paragraph (a)(2) of this section, this 
section specifies the Commission's procedures for considering license 
applications for ``GSO-like'' satellite operation. For purposes of this 
section, the term ``GSO-like satellite system'' means a GSO satellite 
designed to communicate with earth stations with directional antennas, 
including operation of GSO satellites to provide MSS feeder links.
    (2) The procedures prescribed in this section do not apply to an 
application for authority to launch and operate a replacement satellite 
with the same operating frequencies and at the same orbital location as 
a space station currently licensed to the applicant, to be launched 
before the satellite to be replaced is retired from service or within a 
reasonable time after loss of the satellite to be replaced due to 
launch failure or premature failure in orbit.
    (b) Except as provided in paragraph (a)(2) of this section, license 
applications for GSO-like satellite systems, including first-step 
filings pursuant to Sec.  25.110(b)(3)(i), will be placed in a queue 
and considered in the order that they are filed, pursuant to the 
following procedure:
* * * * *
    (2) If the application is acceptable for filing, the application 
will be placed on public notice pursuant to Sec.  25.151.
    (i) For applications filed pursuant to Sec.  25.110(b)(3)(i), the 
public notice will announce that the API and Coordination Request has 
been submitted to the ITU. When further information is filed pursuant 
to Sec.  25.110(b)(3)(ii), it will be reviewed to determine whether it 
is substantially complete within the meaning of Sec.  25.112. If so, a 
second public notice will be issued pursuant to Sec.  25.151 to give 
interested parties an opportunity to file pleadings pursuant to Sec.  
25.154.
    (ii) For any other license application for a GSO-like satellite 
system, the public notice will announce that the application has been 
found acceptable for filing and will give interested parties an 
opportunity to file pleadings pursuant to Sec.  25.154.
    (c) An applicant for a license for a GSO-like satellite system is 
not allowed to transfer, assign, or otherwise permit any other entity 
to assume its place in any queue.
    (d) In the event that two or more applications for GSO-like 
satellite systems are mutually exclusive within the meaning of Sec.  
25.155(c), the Commission will consider those applications pursuant to 
the following procedure:
* * * * *
0
31. Amend Sec.  25.163 by revising paragraph (a)(3) to read as follows:


Sec.  25.163  Reinstatement.

    (a) * * *
    (3) The petition sets forth with specificity the procedures that 
have been established to ensure timely filings in the future.
* * * * *
0
32. Amend Sec.  25.165 by revising the section heading, paragraphs 
(a)(1) through (4), and paragraphs (c) and (e), and adding paragraphs 
(f) and (g) to read as follows:


Sec.  25.165  Surety bonds.

    (a) * * *

[[Page 65120]]

    (1) An NGSO licensee must file a surety bond requiring payment, in 
the event of a default as defined paragraph (c) of this section, in an 
amount to be determined by adjusting a baseline amount of $[x] million 
for inflation in accordance with paragraph (a)(4) of this section, with 
the resulting dollar amount rounded to the nearest $10,000.
    (2) A GSO licensee must file a surety bond requiring payment, in 
the event of a default as defined paragraph (c) of this section, in an 
amount to be determined by adjusting a baseline amount of $[y] million 
for inflation in accordance with paragraph (a)(4) of this section, with 
the resulting dollar amount rounded to the nearest $10,000.
    (3) Licensees of satellite systems including both NGSO satellites 
and GSO satellites that will operate in the same frequency bands must 
file a bond requiring payment, in the event of a default as defined 
paragraph (c) of this section, in an amount to be determined by 
adjusting a baseline amount of $[x] million for inflation in accordance 
with paragraph (a)(4) of this section, with the resulting dollar amount 
rounded to the nearest $10,000.
    (4) Inflation adjustment for purposes of paragraphs (a)(1) through 
(3) and paragraph (f) of this section shall be computed by multiplying 
the baseline dollar amount by the Bureau of Economic Analysis 
``GDPChain-type Price Index'' (GDP-CPI) for the most recent quarter and 
dividing the product by the GDP-CDI for [year and quarter when 
inflation-adjustment rule is adopted].
* * * * *
    (c) A licensee will be considered to be in default if it surrenders 
the license before meeting all milestone requirements or if it fails to 
meet any milestone deadline set forth in Sec.  25.164, and, at the time 
of milestone deadline, the licensee has not provided a sufficient basis 
for extending the milestone.
* * * * *
    (e) A replacement satellite is one that:
    (1) Is authorized to be operated at an orbital location within 0.15 
degrees of the assigned location of a GSO satellite licensed to the 
same party or is authorized for NGSO operation and will replace an 
existing NGSO satellite licensed to the same party;
    (2) Is authorized to operate in the same frequency bands, and with 
the same coverage area as the satellite to be replaced; and
    (3) Is scheduled to be launched so that it will be brought into use 
at approximately the same time as, but no later than, the existing 
satellite is retired.
    (f) An applicant that has filed an API and Coordination Request 
pursuant to Sec.  25.110(b)(3)(i) must obtain a surety bond in 
accordance with the requirements in paragraph (b) of this section. The 
bond must require payment, in the event of a default as defined in 
paragraph (g) of this section, of an amount to be determined by 
adjusting a baseline amount of $[y1] \5\ million in 
accordance with paragraph (a)(4) of this section, with the resulting 
dollar amount rounded to the nearest $10,000. The application will be 
returned as defective pursuant to Sec.  25.112 if a copy of the 
required bond is not filed with the Commission within 30 days after 
release of a public notice announcing that the Commission has filed the 
API and Coordination Request with the ITU.
---------------------------------------------------------------------------

    \5\ The value of y1 would be two fifths of the 
baseline amount specified in paragraph (a)(2) for a post-grant bond 
for a GSO licensee.
---------------------------------------------------------------------------

    (g) An applicant or licensee will be deemed to be in default with 
respect to a bond filed pursuant to paragraph (f) of this section under 
any of the following circumstances:
    (1) If the applicant fails to file complete Form 312 and Schedule S 
information pursuant to Sec.  25.110(b)(3)(ii) within two years after 
the issuance of the public notice announcing the submission of the API 
and Coordination Request to the ITU.
    (2) If the license application filed pursuant to Sec.  25.110(b)(3) 
is dismissed and is not refiled prior to the two-year deadline in Sec.  
25.110(b)(3)(ii) or the application is denied and the ruling is 
administratively final.
    (3) If a license granted for a space station proposed in the 
application filed pursuant to Sec.  25.110(b)(3) is surrendered before 
the authorized space station is launched.
    (4) If a license granted for the space station proposed in the 
application filed pursuant to Sec.  25.110(b)(3) is declared null and 
void for failure to meet a milestone requirement in Sec.  25.164 and 
the milestone ruling is administratively final.
0
33. Amend Sec.  25.202 by revising the table in paragraph (a)(1) and 
paragraph (g) to read as follows:


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

    (a)(1) * * *

------------------------------------------------------------------------
                                                         Earth-to-space
                Space-to-earth  (GHz)                        (GHz)
------------------------------------------------------------------------
3.6-3.65.............................................     \8\ 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 \8\........................................          6.525-6.7
7.025-7.075..........................................          6.7-7.025
10.7-11.7 \8\........................................        7.025-7.075
11.7-12.2............................................         12.7-12.75
12.2-12.7............................................    \8\ 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............................................    \8\ 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.
\8\ Use of this band by NGSO FSS systems is limited to transmissions to
  or from gateway earth stations.

* * * * *
    (g)(1) Except as provided in paragraph (g)(2) below, telemetry, 
tracking, and command signals must be transmitted at either or both 
edges of the allocated band(s).
    (2) Additional, non-emergency telemetry, tracking, and command 
signals may be transmitted in frequencies within the assigned bands 
that are not at a band edge if such transmissions cause no more 
interference and require no greater protection from harmful 
interference than the communications traffic on the satellite network.
    (3) Frequencies, polarization, and coding of telemetry, tracking, 
and command transmissions must be selected to minimize interference 
into other satellite networks.
0
34. Amend Sec.  25.203 by adding paragraph (c)(6), revising the first 
sentence in paragraph (f), and revising paragraphs (g)(1) and (j) to 
read as follows:

[[Page 65121]]

Sec.  25.203  Choice of sites and frequencies.

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


Sec.  25.204  [Amended].

0
35. Amend Sec.  25.204 by removing the last sentence from paragraph 
(e)(1).
0
36. Revise Sec.  25.205 to read as follows:


Sec.  25.205  Minimum antenna elevation angle.

    (a) Earth station antennas may not transmit at elevation angles 
less than 5 degrees, measured from the horizontal plane to the 
direction of maximum radiation, in a frequency band shared with 
terrestrial radio services or at elevation angles less than 3 degrees 
in other frequency bands. In some instances, it may be necessary to 
specify greater minimum elevation angles because of interference 
considerations.
    (b) ESAAs in aircraft on the ground may not transmit at elevation 
angles less than 3 degrees. There is no minimum angle of antenna 
elevation for ESAAs while airborne.
0
37. Amend Sec.  25.209 by revising paragraphs (a) through (c), removing 
and reserving paragraph (e), removing from paragraph (f) the word 
``procedures'' wherever it appears and adding in its place the word 
``requirements,'' and revising paragraph (h) to read as follows:


Sec.  25.209  Earth station antenna performance standards.

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

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


Where [thgr] is the angle in degrees from a line from the focal point 
of the antenna to the target satellite, and dBi refers to dB relative 
to an isotropic radiator. This envelope may be exceeded by up to 3 dB 
in 10% of the range of [thgr] angles from 7-180[deg].
    (2) In the plane tangent to the GSO arc, for earth stations 
operating in the conventional Ku-band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
29-25log10[thgr].............  dBi            for
                                               1.5[deg]<=[thgr]<=7[deg].
8............................  dBi            for
                                               7[deg]<[thgr]<=9.2[deg].
32-25log10[thgr].............  dBi            for
                                               9.2[deg]<[thgr]<=48[deg].
-10..........................  dBi            for
                                               48[deg]<[thgr]<=85[deg].
0............................  dBi            for
                                               85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr] 
angles from 7-180[deg].
    (3) In the plane tangent to the GSO arc, for earth stations 
operating in the 28.35-30 GHz or 24.75-25.25 GHz band:

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

[[Page 65122]]

 
32-25log10[thgr].............  dBi            for
                                               9.2[deg]<[thgr]<=48[deg].
0............................  dBi            for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr] 
angles from 7-180[deg].
    (4) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, for earth stations not operating in the conventional Ku-band, 
28.35-30 GHz band, or 24.75-25.25 GHz band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

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


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr] 
angles from 3-180[deg].
    (5) In the plane perpendicular to the GSO arc, for earth stations 
operating in the conventional Ku-band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
32-25log10[thgr].............  dBi            for
                                               3[deg]<[thgr]<=48[deg].
-10..........................  dBi            for
                                               48[deg]<[thgr]<=85[deg].
0............................  dBi            for
                                               85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr] 
angles from 3-180[deg].
    (6) In the plane perpendicular to the GSO arc, for earth stations 
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
32-25log10[thgr].............  dBi            for
                                               3.5[deg]<[thgr]<=7[deg].
10.9.........................  dBi            for
                                               7[deg]<[thgr]<=9.2[deg].
35-25log10[thgr].............  dBi            for
                                               9.2[deg]<[thgr]<=48[deg].
3............................  dBi            for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


Where [thetas] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 6 dB in 10% of the range of [thetas] 
angles from 3-180[deg].
    (b) Except as provided in paragraph (f) of this section, the off-
axis cross-polarization gain of any antenna used for transmission from 
an FSS earth station, including earth stations providing feeder links 
for satellite services other than FSS, may not exceed the following 
limits:
    (1) In the plane tangent to the GSO arc, for earth stations not 
operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
19-25log10[thetas]...........  dBi            for
                                               1.8[deg]<[thetas]<=7[deg]
                                               .
-2...........................  dBi            for
                                               7[deg]<[thetas]<=9.2[deg]
                                               .
------------------------------------------------------------------------


Where [thetas] and dBi are as defined in paragraph (a)(1) above.
    (2) In the plane perpendicular to the GSO arc, for earth stations 
not operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
19-25log10[thetas]...........  dBi            for
                                               3[deg]<[thetas]<=7[deg].
-2...........................  dBi            for
                                               7[deg]<[thetas]<=9.2[deg]
                                               .
------------------------------------------------------------------------


Where [thetas] and dBi are as defined in paragraph (a)(1) above.
    (3) In the plane perpendicular to the GSO arc, for earth stations 
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
19-25log10[thetas]...........  dBi            for
                                               2[deg]<[thetas]<=7[deg].
-2...........................  dBi            for
                                               7[deg]<[thetas]<=9.2[deg]
                                               .
------------------------------------------------------------------------


Where [thetas] and dBi are as defined in paragraph (a)(1) above.
    (c)(1) An earth station licensed for operation with an FSS space 
station or registered for reception of transmissions from such a space 
station pursuant to Sec.  25.131(b) and (d) is not entitled to 
protection from interference from authorized operation of other 
stations that would not cause harmful interference to that earth 
station if it were using an antenna with receive-band gain patterns 
conforming to the levels specified in Sec.  25.209(a) and (b).
    (2) A 17/24 GHz BSS telemetry earth station is not entitled to 
protection from harmful interference from authorized space station 
operation that would not cause harmful interference to that earth 
station if it were using an antenna with receive-band gain patterns 
conforming

[[Page 65123]]

to the levels specified in paragraphs (a) and (b) of this section. 
Receive-only earth stations in the 17/24 GHz BSS are entitled to 
protection from harmful interference caused by other space stations to 
the extent indicated in Sec.  25.224.
* * * * *
    (h) The gain of any transmitting antenna in a gateway earth station 
communicating with NGSO FSS satellites in the 10.7-11.7 GHz, 12.75-
13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and/or 14.4-14.5 GHz bands 
must lie below the envelope defined as follows:

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


Where [thetas] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 3 dB in 10% of the range of [thetas] 
angles from 7-180[deg].
0
38. Amend Sec.  25.210 by removing and reserving paragraph (a) and 
revising paragraph (i) to read as follows:


Sec.  25.210  Technical requirements for space stations.

* * * * *
    (i) Space station antennas in the 17/24 GHz Broadcasting Satellite 
Service must be designed to provide a cross-polarization isolation such 
that the ratio of the on axis co-polar gain to the cross-polar gain of 
the antenna in the assigned frequency band shall be at least 25 dB 
within its primary coverage area.
* * * * *
0
39. Amend Sec.  25.211 by removing and reserving paragraph (a) and 
revising paragraphs (b) and (e) to read as follows:


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

* * * * *
    (b) All 4/6 GHz analog video transmissions shall contain an energy 
dispersal signal at all times with a minimum peak-to-peak bandwidth set 
at whatever value is necessary to meet the power flux density limits 
specified in Sec.  25.208(a) and successfully coordinated 
internationally and accepted by adjacent U.S. satellite operators based 
on the use of state of the art space and earth station facilities. All 
transmissions in frequency bands described in Sec.  25.208(b) and (c) 
shall also contain an energy dispersal signal at all times with a 
minimum peak-to-peak bandwidth set at whatever value is necessary to 
meet the power flux density limits specified in Sec.  25.208(b) and (c) 
and successfully coordinated internationally and accepted by adjacent 
U.S. satellite operators based on the use of state of the art space and 
earth station facilities.
* * * * *
    (e) Applications for authority for analog video uplink transmission 
in the 5925-6425 MHz or 14.0-14.5 GHz band that are not eligible for 
routine processing under paragraph (d) of this section are subject to 
the requirements of Sec.  25.220.
0
40. Amend Sec.  25.212 by revising paragraph (c)(1) and paragraphs (d) 
and (e), and adding paragraph (g) to read as follows:


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

* * * * *
    (c)(1) An earth station that is not subject to licensing under 
Sec. Sec.  25.134, 25.222, 25.226, or Sec.  25.227 may be routinely 
licensed for analog transmissions in the 14.0-14.5 GHz band with 
bandwidths up to 200 kHz (or up to 1 MHz for command carriers at the 
band edge) if the equivalent diameter of the transmitting antenna is 
1.2 meters or greater, input power spectral density into the antenna 
will not exceed -8-10log10(N) dBW/4 kHz, and the applicant 
certifies conformance with relevant antenna performance standards in 
Sec.  25.209(a) and (b). ``N'' is the number of earth stations 
transmitting simultaneously in the same frequencies to the same target 
satellite. For stations not transmitting simultaneously on common 
frequencies to the same target satellite, N=1.
* * * * *
    (d) An individual earth station that is not subject to licensing 
under Sec.  25.221 may be routinely licensed for digital transmission 
in the 5925-6425 MHz band or analog transmission in that band with 
carrier bandwidths up to 200 kHz (or up to 1 MHz for command carriers 
at the band edge) if the equivalent diameter of the transmit antenna is 
4.5 meters or greater, the applicant certifies conformance with 
relevant antenna performance standards in Sec.  25.209(a) and (b), and 
power density into the antenna will not exceed +0.5-
10log10(N) dBW/4 kHz for analog carriers or -2.7-
10log10(N) dBW/4 kHz for digital carriers, where ``N'' is as 
defined in paragraph (c)(1) of this section.
    (e) Applications for authority for fixed earth station operation in 
the 5925-6425 GHz or 14.0-14.5 GHz band that do not qualify for routine 
processing under relevant criteria in this section, Sec. Sec.  25.211, 
or 25.218 are subject to the requirements in Sec.  25.220.
* * * * *
    (g) An earth station not subject to network licensing under Sec.  
25.134 may be routinely licensed for digital transmission in the 28.35-
28.6 GHz and/or 29.25-30.0 GHz bands if the equivalent diameter of the 
transmitting antenna is 66 centimeters or greater, input power spectral 
density into the antenna will not exceed 3.5 dBW/MHz, and the 
application includes certification pursuant to Sec.  25.132(a)(1) of 
conformance with the antenna gain performance requirements in Sec.  
25.209(a) and (b).
0
41. Revise Sec.  25.218 to read as follows:


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

    (a) This section applies to applications for Fixed-Satellite 
Service earth stations transmitting to geostationary-orbit space 
stations in the conventional C-band, extended C-band, conventional Ku-
band, or extended Ku band, including VSAT applications not meeting 
routine licensing criteria in Sec.  25.134, with the following 
exceptions:
    (1) ESV, VMES, and ESAA applications and
    (2) Applications proposing transmission of analog command signals 
at a band edge with bandwidths greater than 1 MHz or transmission of 
any other type of analog signal with bandwidths greater than 200 kHz.
    (b) Earth station applications subject to this section may be 
routinely processed if they meet the applicable off-axis EIRP density 
envelopes set forth in this section below and include the table 
required by Sec.  25.115(h).
    (c) Analog earth station operation in the conventional or extended 
C-band. (1) In the plane tangent to the GSO arc, as defined in Sec.  
25.103:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
29.5-10log10(N)-               dBW/4 kHz      for
 25log10[thetas].                              1.5[deg]<=[thetas]<=7[deg
                                               ]
8.5-10log10(N)...............  dBW/4 kHz      for
                                               7[deg]<[thetas]<=9.2[deg]

[[Page 65124]]

 
32.5-10log10(N)-               dBW/4 kHz      for
 25log10[thetas].                              9.2[deg]<[thetas]<=48[deg
                                               ]
-9.5-10log10(N)..............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=180[deg
                                               ]
------------------------------------------------------------------------


Where [thetas] is the angle in degrees from a line from the earth 
station antenna to the assigned location of the target satellite and 
``N'' is the number of network earth stations transmitting 
simultaneously in the same frequencies to the same target satellite. 
The EIRP density levels specified for [thetas]>7[deg] may be exceeded 
by up to 3 dB in up to 10% of the range of theta ([thetas]) angles from 
7-180[deg].
    (2) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
32.5-10log10(N)-               dBW/4 kHz      for
 25log10[thetas].                              3[deg]<=[thetas]<=48[deg]
-9.5-10log10(N)..............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=180[deg
                                               ]
------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thetas] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (d) Digital earth station operation in the conventional or extended 
C-band. (1) In the plane tangent to the GSO arc:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
26.3-10log10(N)-               dBW/4 kHz      for
 25log10[thetas].                              1.5[deg]<=[thetas]<=7[deg
                                               ]
5.3-10log10(N)...............  dBW/4 kHz      for
                                               7[deg]<[thetas]<=9.2[deg]
29.3-10log10(N)-               dBW/4 kHz      for
 25log10[thetas].                              9.2[deg]<[thetas]<=48[deg
                                               ]
-12.7-10log10(N).............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=180[deg
                                               ]
------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (c)(1) of this section, and N 
is defined below. The EIRP density levels specified for [thetas] 
>7[deg] may be exceeded by up to 3 dB in up to 10% of the range of 
theta ([thetas]) angles from 7-180[deg]. For stations in 
networks that allow multiple terminals to transmit simultaneously in 
shared frequencies with equal on-axis EIRP, ``N'' is the number of 
network earth stations transmitting simultaneously in the same 
frequencies to the same target satellite, not counting burst collisions 
resulting from operation with a contention protocol. N=1 for any 
station not transmitting simultaneously with others on common 
frequencies to the same target satellite and stations in networks that 
permit such simultaneous co-frequency transmission only in contention 
protocol operation.
    (2) In the plane perpendicular to the GSO arc:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
29.3-10log10(N)-               dBW/4 kHz      for
 25log10[thetas].                              3[deg]<=[thetas]<=48[deg]
-12.7-10log10(N).............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=180[deg
                                               ]
------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (c)(1) of this section, and N 
is as defined in paragraph (d)(1) of this section. These EIRP density 
levels may be exceeded by up to 6 dB in the region of main reflector 
spillover energy and in up to 10% of the range of [thetas] angles not 
included in that region, on each side of the line from the earth 
station to the target satellite.
    (3) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared 
frequencies to the same target satellite may be routinely processed if 
the applicant demonstrates the following:
    (i) Off-axis EIRP density from each station in the network will be 
kept at least 1 dB below the levels specified in paragraphs (d)(1) and 
(2) of this section, with the value of N=1.
    (ii) Aggregate EIRP density toward any co-frequency space station 
other than the target satellite not resulting from colliding data 
bursts transmitted pursuant to a contention protocol will not exceed 
the limit specified in paragraph (d)(3)(i) above.
    (e) Analog earth station operation in the conventional Ku-band. (1) 
In the plane tangent to the GSO arc:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
21-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               1.5[deg]<=[thetas]<=7[deg
                                               ].
0-10log10(N).................  dBW/4 kHz      for
                                               7[deg]<[thetas]<=9.2[deg]
                                               .
24-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               9.2[deg]<[thetas]<=48[deg
                                               ].
-18-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=85[deg]
                                               .
-8-10log10(N)................  dBW/4 kHz      for
                                               85[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (c)(1) of this section. The 
EIRP density levels specified for [thetas]>7[deg] may be exceeded by up 
to 3 dB in up to 10% of the range of theta ([thetas]) angles from 
7-180[deg].
    (2) In the plane perpendicular to the GSO arc:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
24-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               3[deg]<=[thetas]<=48[deg]
                                               .
-18-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=85[deg]
                                               .
-8-10log10(N)................  dBW/4 kHz      for
                                               85[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


[[Page 65125]]


Where [thetas] is as defined in paragraph (c)(1) of this section. These 
EIRP density levels may be exceeded by up to 6 dB in the region of main 
reflector spillover energy and in up to 10% of the range of [thetas] 
angles not included in that region, on each side of the line from the 
earth station to the target satellite.
    (f) Digital earth station operation in the conventional Ku-band. 
(1) In the plane tangent to the GSO arc:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
15-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               1.5[deg]<=[thetas]<=7[deg
                                               ].
-6-10log10(N)................  dBW/4 kHz      for
                                               7[deg]<[thetas]<=9.2[deg]
                                               .
18-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               9.2[deg]<[thetas]<=48[deg
                                               ].
-24-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=85[deg]
                                               .
-14-10log10(N)...............  dBW/4 kHz      for
                                               85[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
18-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               3[deg]<=[thetas]<=48[deg]
                                               .
-24-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=85[deg]
                                               .
-14-10log10(N)...............  dBW/4 kHz      for
                                               85[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


Where [thetas] is as defined in paragraph (c)(1) of this section, and N 
is as defined in paragraph (d)(1) of this section. These EIRP density 
levels may be exceeded by up to 6 dB in the region of main reflector 
spillover energy and in up to 10% of the range of [thetas] angles not 
included in that region, on each side of the line from the earth 
station to the target satellite.
    (3) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared 
frequencies to the same target satellite may be routinely processed if 
the applicant demonstrates the following:
    (i) Off-axis EIRP density from each station in the network will be 
kept at least 1 dB below the levels specified in paragraphs (f)(1) and 
f)(2) of this section, with the value of N=1.
    (ii) Aggregate EIRP density toward any co-frequency space station 
other than the target satellite not resulting from colliding data 
bursts transmitted pursuant to a contention protocol will not exceed 
the limit specified in paragraph (f)(3)(i) of this section.
    (g) Analog earth station operation in the extended Ku-band. (1) In 
the plane tangent to the GSO arc:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
21-10log10(N)-25log10[thgr]..  dBW/4 kHz      for
                                               1.5[deg]<=[thgr]<=7[deg].
0-10log10(N).................  dBW/4 kHz      for
                                               7[deg]<[thgr]<=9.2[deg].
24-10log10(N)-25log10[thgr]..  dBW/4 kHz      for
                                               9.2[deg]<[thgr]<=48[deg].
-18-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
24-10log10(N)-25log10[thgr]..  dBW/4 kHz      for
                                               3[deg]<=[thgr]<=48[deg].
-18-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
15-10log10(N)-25log10[thgr]..  dBW/4 kHz      for
                                               1.5[deg]<=[thgr]<=7[deg].
-6-10log10(N)................  dBW/4 kHz      for 7[deg]
                                               <[thgr]<=9.2[deg].
18-10log10(N)-25log10[thgr]..  dBW/4 kHz      for
                                               9.2[deg]<[thgr]<=48[deg].
-24-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
18-10log10(N)-25log10[thgr]..  dBW/4 kHz      for
                                               3[deg]<=[thgr]<=48[deg].
-24-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thgr]<=85[deg].
------------------------------------------------------------------------


[[Page 65126]]


Where [thgr] is as defined in paragraph (c)(1) of this section and N is 
as defined in paragraph (d)(1) of this section. These EIRP density 
levels may be exceeded by up to 6 dB in the region of main reflector 
spillover energy and in up to 10% of the range of [thgr] angles not 
included in that region, on each side of the line from the earth 
station to the target satellite.
    (3) A license application for a network using variable power-
density control of earth stations transmitting simultaneously in shared 
frequencies to the same target satellite may be routinely processed if 
the applicant demonstrates the following:
    (i) Off-axis EIRP density from each station in the network will be 
kept at least 1 dB below the levels specified in paragraphs (h)(1) and 
(2) of this section, with the value of N=1.
    (ii) Aggregate EIRP density toward any co-frequency space station 
other than the target satellite not resulting from colliding data 
bursts transmitted pursuant to a contention protocol will be kept at 
least 1 dB below the levels specified in paragraphs (h)(1) and (2) of 
this section, with the value of N=1.
0
42. Amend Sec.  25.220 by revising paragraphs (a) and (b), removing and 
reserving paragraph (d)(1)(i), and revising paragraph (d)(2) to read as 
follows:


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

    (a) The requirements in this section apply to applications for, and 
operation of, earth stations transmitting in the conventional or 
extended C-band, the conventional or extended Ku-band, or the 20/30 GHz 
bands that do not qualify for routine licensing under relevant criteria 
in Sec. Sec.  25.134, 25.138, 25.211, 25.212, 25.218, 25.221(a)(1) or 
(3), 25.222(a)(1) or (3), 25.226(a)(1) or (3), or Sec.  25.227(a)(1) or 
(3).
    (b) Applications filed pursuant to this section must include the 
information required by Sec.  25.115(g)(1).
* * * * *
    (d) * * *
    (2) The operator of an earth station licensed pursuant to this 
section must reduce EIRP density toward a subsequently launched two-
degree-compliant space station receiving in the same uplink band at a 
position within 6 degrees of the earth station's target satellite if 
the non-conforming earth station operation has not been coordinated 
with the operator of the new satellite. The earth station operator must 
reduce EIRP density to levels at or within relevant routine limits 
toward a two-degree-compliant space station receiving in the same 
uplink band at a position more than 6 degrees away from the target 
satellite if operation of the co-frequency space station is adversely 
affected by the non-conforming earth station operation, unless the non-
conforming operation is permitted under a coordination agreement with 
the operator of the co-frequency satellite.
* * * * *
0
43. Amend Sec.  25.221 by revising paragraphs (a)(1)(i)(A) through (D), 
paragraphs (a)(2) and (3), the introductory text of paragraphs (b) and 
(b)(1), removing and reserving paragraphs (b)(1)(i) and (ii), and 
revising paragraphs (b)(2) and (3) to read as follows:


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

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
26.3-10log(N)-25log[thgr]....  dBW/4 kHz      for 1.5[deg]
                                               <=[thgr]<=7[deg].
5.3-10log(N).................  dBW/4 kHz      for
                                               7[deg]<[thgr]<=9.2[deg].
29.3-10log(N)-25log[thgr]....  dBW/4 kHz      for
                                               9.2[deg]<[thgr]<=48[deg].
-12.7-10log(N)...............  dBW/4 kHz      for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


Where theta ([thgr]) is the angle in degrees from a line from the earth 
station antenna to the assigned orbital location of the target 
satellite. For stations in networks that allow multiple terminals to 
transmit simultaneously in shared frequencies with equal on-axis EIRP, 
``N'' is the number of network earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
not counting burst collisions resulting from operation with a 
contention protocol. N=1 for any station not transmitting 
simultaneously with others on common frequencies to the same target 
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP 
density levels specified for [thgr] > 7[deg] may be exceeded by up to 3 
dB in up to 10% of the range of theta ([thgr]) angles from 7-180[deg].
    (B) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, EIRP spectral density of co-polarized signals shall not exceed 
the following values:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
29.3-10log(N)-25log[thgr]....  dBW/4 kHz      for
                                               3.0[deg]<=[thgr]<=48[deg]
                                               .
-12.7-10log(N)...............  dBW/4 kHz      for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
16.3-10log(N)-25log[thgr]....  dBW/4 kHz      for
                                               1.8[deg]<=[thgr]<=7.0[deg
                                               ].
-4.7-10log(N)................  dBW/4 kHz      for
                                               7.0[deg]<[thgr]<=9.2[deg]
                                               .
------------------------------------------------------------------------


Where [thgr] and N are as defined in paragraph (a)(1)(i)(A) of this 
section.
    (D) For non-circular ESV antennas, the major axis of the antenna 
must be aligned with the plane tangent to the GSO arc to the extent 
required to meet

[[Page 65127]]

the specified off-axis EIRP spectral-density criteria.
* * * * *
    (2) The following requirements apply to ESV systems that operate 
with off-axis EIRP spectral-densities in excess of the levels in 
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted 
based on certifications filed pursuant to paragraph (b)(2) of this 
section.
    (i) An ESV or ESV system licensed based on certifications filed 
pursuant to paragraph (b)(2) of this section must operate in accordance 
with the off-axis EIRP density specifications provided to the target 
satellite operator in order to obtain the certifications.
    (ii) Any ESV transmitter operating under a license granted based on 
certifications filed pursuant to paragraph (b)(2) of this section must 
be self-monitoring and capable of shutting itself off and must cease or 
reduce emissions within 100 milliseconds after generating off-axis 
EIRP-density in excess of the specifications supplied to the target 
satellite operator.
    (iii) A system with variable power control of individual ESV 
transmitters must monitor the aggregate off-axis EIRP density from 
simultaneously-transmitting ESV transmitters at the system's network 
control and monitoring center. If simultaneous operation of two or more 
ESV transmitters causes aggregate off-axis EIRP density to exceed the 
off-axis EIRP-density specifications supplied to the target satellite 
operator, the network control and monitoring center must command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications, and the transmitters must 
comply within 100 milliseconds of receiving the command.
    (3) The following requirements apply to an ESV system that uses 
variable power control of individual earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
unless the ESV system operates pursuant to paragraph (a)(2) of this 
section.
    (i) Aggregate EIRP density from terminals in the network toward any 
co-frequency satellite other than the target satellite(s) must be at 
least 1 dB below the limits defined in paragraph (a)(1)(i) of this 
section, with the value of N=1.
    (ii) Each ESV transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) Aggregate power density from simultaneously-transmitting ESV 
transmitters must be monitored at the system's network control and 
monitoring center. If simultaneous operation of two or more ESV 
transmitters causes aggregate off-axis EIRP density to exceed the off-
axis EIRP density limit in paragraph (a)(3)(i) of this section, the 
network control and monitoring center must command those transmitters 
to cease emissions or reduce the aggregate EIRP density to a level at 
or below that limit, and those transmitters must comply within 100 
milliseconds of receiving the command.
* * * * *
    (b) Applications for ESV operation in the 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, applicable technical demonstrations or 
certifications pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this 
section and the documentation identified in paragraphs (b)(4) through 
(b)(6) of this section.
    (1) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). The applicant must also specify the value N 
defined in paragraph (a)(1)(i)(A) of this section. An applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section must also provide the certifications identified in 
paragraph (b)(1)(iii) of this section. An ESV applicant proposing to 
implement a transmitter under paragraph (a)(1)(ii)(B) of this section 
must also provide the demonstrations identified in paragraph (b)(1)(iv) 
of this section.
* * * * *
    (2) An applicant proposing to operate with off-axis EIRP density in 
excess of the levels specified in paragraph (a)(1)(i) or (a)(3)(i) of 
this section must provide the following in exhibits to its earth 
station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1):
    (ii) The certifications required by Sec.  25.220(d);
    (iii) A detailed showing that each ESV transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator;
    (iv) A detailed showing that the aggregate power density from 
simultaneously-transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes the aggregate off-axis 
EIRP density to exceed the off-axis EIRP density specifications 
supplied to the target satellite operator, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below those 
specifications; and that those transmitters will comply within 100 
milliseconds of receiving the command; and
    (v) A certification that the ESV system will operate in compliance 
with the power limits in Sec.  25.204(h).
    (3) An applicant proposing to implement an ESV system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) A detailed showing that each ESV terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section;
    (iv) A detailed showing that the aggregate power density from 
simultaneously-transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes aggregate off-axis 
EIRP density to exceed the off-axis EIRP density limit in paragraph 
(a)(3)(i) of this section, the network control and monitoring center 
will command those transmitters to cease emissions or reduce the 
aggregate EIRP density to a level at or below that limit; and that 
those transmitters will comply within 100 milliseconds of receiving the 
command; and
    (v) Certification that the ESV system will operate in compliance 
with the power limits in Sec.  25.204(h).
* * * * *
0
44. Amend Sec.  25.222 by revising paragraphs (a)(1)(i)(A) through (D), 
paragraphs (a)(2) and (3), the introductory text of paragraphs (b) and 
(b)(1), removing and reserving paragraphs (b)(1)(i) and (ii), and 
revising paragraphs (b)(2) and (3) to read as follows:

[[Page 65128]]

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 
GSO Satellites in the Fixed-Satellite Service.

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
15-10log(N)-25log[theta].....  dBW/4 kHz      for
                                               1.5[deg]<=[theta]<=7[deg]
                                               .
-6-10log(N)..................  dBW/4 kHz      for
                                               7[deg]<[theta]<=9.2[deg].
18-10log(N)-25log[theta].....  dBW/4 kHz      for
                                               9.2[deg]<[theta]<=48[deg]
                                               .
-24-10log(N).................  dBW/4 kHz      for
                                               48[deg]<[theta]<=85[deg].
-14-10log(N).................  dBW/4 kHz      for
                                               85[deg]<[theta]<=180[deg]
                                               .
------------------------------------------------------------------------


Where theta ([theta]) is the angle in degrees from a line from the 
earth station antenna to the assigned orbital location of the target 
satellite. For stations in networks that allow multiple terminals to 
transmit simultaneously in shared frequencies with equal on-axis EIRP, 
``N'' is the number of network earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
not counting burst collisions resulting from operation with a 
contention protocol. N=1 for any station not transmitting 
simultaneously with others on common frequencies to the same target 
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP 
density levels specified for [theta] > 7[deg] may be exceeded by up to 
3 dB in up to 10% of the range of theta ([theta]) angles from 7-180[deg].
    (B) The off-axis EIRP density of co-polarized signals shall not 
exceed the following values in the plane perpendicular to the GSO arc, 
as defined in Sec.  25.103:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
18-10log(N)-25log[theta].....  dBW/4 kHz      for
                                               3.0[deg]<=[theta]<=48[deg
                                               ].
-24-10log(N).................  dBW/4 kHz      for
                                               48[deg]<[theta]<=85[deg].
-14-10log(N).................  dBW/4 kHz      for
                                               85[deg]<[theta]<=180[deg]
                                               .
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
5-10log(N)-25log[theta]......  dBW/4 kHz      for
                                               1.8[deg]<=[theta]<=7.0[de
                                               g].
-16-10log(N).................  dBW/4 kHz      for
                                               7.0[deg]<[theta]<=9.2[deg
                                               ].
------------------------------------------------------------------------


Where [theta] and N are as defined in paragraph (a)(1)(i)(A) of this 
section.
    (D) For non-circular ESV antennas, the major axis of the antenna 
must be aligned with the plane tangent to the GSO arc to the extent 
required to meet the specified off-axis EIRP density criteria.
* * * * *
    (2) The following requirements apply to ESV systems that operate 
with off-axis EIRP spectral-densities in excess of the levels in 
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted 
based on certifications filed pursuant to paragraph (b)(2) of this 
section.
    (i) An ESV or ESV system licensed based on certifications filed 
pursuant to paragraph (b)(2) of this section must operate in accordance 
with the off-axis EIRP density specifications provided to the target 
satellite operator in order to obtain the certifications.
    (ii) Any ESV transmitter operating under a license granted based on 
certifications filed pursuant to paragraph (b)(2) of this section must 
be self-monitoring and capable of shutting itself off and must cease or 
reduce emissions within 100 milliseconds after generating off-axis 
EIRP-density in excess of the specifications supplied to the target 
satellite operator.
    (iii) A system with variable power control of individual ESV 
transmitters must monitor the aggregate off-axis EIRP density from 
simultaneously-transmitting ESV transmitters at the system's network 
control and monitoring center. If simultaneous operation of two or more 
ESV transmitters causes aggregate off-axis EIRP density to exceed the 
off-axis EIRP-density specifications supplied to the target satellite 
operator, the network control and monitoring center must command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications, and the transmitters must 
comply within 100 milliseconds of receiving the command.
    (3) The following requirements apply to an ESV system that uses 
variable power control of individual earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
unless the ESV system operates pursuant to paragraph (a)(2) of this 
section.
    (i) Aggregate EIRP density from terminals in the network toward any 
co-frequency satellite other than the target satellite(s) must be at 
least 1 dB below the limits defined in paragraph (a)(1)(i) of this 
section, with the value of N = 1.
    (ii) Each ESV transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) Aggregate power density from simultaneously-transmitting ESV 
transmitters must be monitored at the

[[Page 65129]]

system's network control and monitoring center. If simultaneous 
operation of two or more ESV transmitters causes aggregate off-axis 
EIRP density to exceed the off-axis EIRP density limit in paragraph 
(a)(3)(i) of this section, the network control and monitoring center 
must command those transmitters to cease emissions or reduce the 
aggregate EIRP density to a level at or below that limit, and those 
transmitters must comply within 100 milliseconds of receiving the 
command.
* * * * *
    (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, applicable technical demonstrations or 
certifications pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this 
section and the documentation identified in paragraphs (b)(4) through 
(6) of this section.
    (1) An ESV applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). The applicant must also specify the value N 
defined in paragraph (a)(1)(i)(A) of this section. An applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section must also provide the certifications identified in 
paragraph (b)(1)(iii) of this section. An ESV applicant proposing to 
implement a transmitter under paragraph (a)(1)(ii)(B) of this section 
must also provide the demonstrations identified in paragraph (b)(1)(iv) 
of this section.
* * * * *
    (2) An applicant proposing to operate with off-axis EIRP density in 
excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this 
section must provide the following in exhibits to its earth station 
application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) The certifications required by Sec.  25.220(d);
    (iii) A detailed showing that each ESV transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes the aggregate off-axis 
EIRP density to exceed the off-axis EIRP density specifications 
supplied to the target satellite operator, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below those 
specifications; and that those transmitters will comply within 100 
milliseconds of receiving the command.
    (3) An applicant proposing to implement an ESV system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) A detailed showing that each ESV terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously-transmitting ESV transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESV transmitters causes aggregate off-axis 
EIRP density to exceed the off-axis EIRP density limit in paragraph 
(a)(3)(i) of this section, the network control and monitoring center 
will command those transmitters to cease emissions or reduce the 
aggregate EIRP density to a level at or below that limit; and that 
those transmitters will comply within 100 milliseconds of receiving the 
command.
* * * * *
0
45. Amend Sec.  25.223 by revising paragraphs (b), (c), and (d) to read 
as follows:


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

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
32.5-25log([theta])..........  dBW/MHz        for
                                               2[deg]<=[theta]<=7[deg].
11.4.........................  dBW/MHz        for
                                               7[deg]<=[theta]<=9.2[deg]
                                               .
35.5-25log([theta])..........  dBW/MHz        for
                                               9.2[deg]<=[theta]<=48[deg
                                               ].
3.5..........................  dBW/MHz        for
                                               48[deg]<=[theta]<=180[deg
                                               ].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
35.-25log([theta])...........  dBW/MHz        for
                                               2[deg]<=[theta]<=7[deg].
14.4.........................  dBW/MHz        for
                                               7[deg]<=[theta]<=9.2[deg]
                                               .
38.5-25log([theta])..........  dBW/MHz        for
                                               9.2[deg]<=[theta]<=48[deg
                                               ].
6.5..........................  dBW/MHz        for
                                               48[deg]<=[theta]<=180[deg
                                               ]
------------------------------------------------------------------------


Where [theta] is as defined in paragraph (b)(1) of this section.
    (3) The EIRP density levels specified in paragraphs (a)(1) and (2) 
of this section may be exceeded by up to 3 dB for values of 
[theta]>10[deg], in 10% of the range of theta ([theta]) angles from 
10[deg]-180[deg] on each side of the line from the earth station to the 
target satellite.
    (4) The EIRP density of cross-polarized signals shall not exceed 
the following values in the plane tangent to the GSO arc or in the 
plane

[[Page 65130]]

perpendicular to the GSO arc, under clear sky conditions:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
22.5-25log([theta])..........  dBW/MHz        for
                                               2[deg]<=[theta]<=7[deg].
1.4..........................  dBW/MHz        for
                                               7[deg]<=[theta]<=9.2[deg]
                                               .
------------------------------------------------------------------------


Where [theta] is as defined in paragraph (b)(1) of this section.
    (c) An applicant proposing levels in excess of those specified in 
paragraph (b) of this section must certify that potentially affected 
parties acknowledge and do not object to the use of the applicant's 
higher EIRP densities.
    (1) For proposed non-conforming EIRP density levels up to 3 dB in 
excess of the limits defined in paragraph (b) of this section, 
potentially affected parties are operators of co-frequency U.S.-
authorized 17/24 GHz BSS space stations at angular separations of up to 
6[deg] from the proposed satellite points of communication. 
For proposed EIRP density levels more than 3 dB but not more than 6 dB 
in excess of the limits defined in paragraph (b) of this section, 
potentially affected parties are operators of co-frequency U.S.-
authorized space stations up to 10[deg] from the proposed 
satellite points of communication.
    (2) Notwithstanding paragraph (c)(1) of this section, an applicant 
need not certify that the operator of a co-frequency space station 
consents to proposed non-conforming operation if EIRP density from the 
proposed earth station will not exceed the levels specified in 
paragraph (b) toward any position in the geostationary arc within 1 
degree of the assigned orbital location of the co-frequency space 
station.
    (3) Power density levels more than 6 dB in excess of the limits 
defined in paragraph (b) of this section will not be permitted.
    (d)(1) The operator of an earth station licensed pursuant to 
paragraph (c) of this section shall bear the burden of coordinating 
with the operator of a co-frequency space station subsequently licensed 
by the Commission for operation at an orbital location 10 degrees or 
less from the earth station's target satellite if the co-frequency 
space station's reception of conforming uplink transmissions is, or 
would be, adversely affected by the earth station's non-conforming 
operation. If no agreement is reached, the earth station operator must 
reduce EIRP density toward that co-frequency space station to a level 
in conformance with the envelopes specified in paragraph (b) of this 
section.
    (2) The operator of an earth station licensed pursuant to paragraph 
(c)(1) or (c)(2) of this section must reduce EIRP density to levels at 
or within those specified in paragraph (b) toward a U.S.-licensed space 
station receiving in the same uplink band at a position more than 6 or 
10 degrees away from the earth station's target satellite if the co-
frequency space station's reception of conforming uplink transmissions 
is adversely affected by the non-conforming earth station operation, 
unless the non-conforming operation is permitted under a coordination 
agreement with the operator of the co-frequency space station.
* * * * *
0
46. Amend Sec.  25.226 by revising paragraphs (a)(1)(i)(A) through (D), 
paragraphs (a)(2) and (3), paragraphs (b) and (b)(1) introductory text, 
removing and reserving paragraphs (b)(1)(i) and (ii), and revising 
paragraphs (b)(2) and (b)(3) 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) * * *
    (1) * * *
    (i) * * *
    (A) Off-axis EIRP spectral density emitted in the plane tangent to 
the GSO arc, as defined in Sec.  25.103, shall not exceed the following 
values:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
15-10log(N)-25log[theta].....  dBW/4 kHz      for
                                               1.5[deg]<=[theta]<=7[deg]
                                               .
-6-10log(N)..................  dBW/4 kHz      for
                                               7[deg]<[theta]<=9.2[deg].
18-10log(N)-25log[theta].....  dBW/4 kHz      for
                                               9.2[deg]<[theta]<=48[deg]
                                               .
-24-10log(N).................  dBW/4 kHz      for
                                               48[deg]<[theta]<=85[deg].
-14-10log(N).................  dBW/4 kHz      for
                                               85[deg]<[theta]<=180[deg]
                                               .
------------------------------------------------------------------------


Where theta ([theta]) is the angle in degrees from a line from the 
earth station antenna to the assigned orbital location of the target 
satellite. For stations in networks that allow multiple terminals to 
transmit simultaneously in shared frequencies with equal on-axis EIRP, 
``N'' is the number of network earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
not counting burst collisions resulting from operation with a 
contention protocol. N=1 for any station not transmitting 
simultaneously with others on common frequencies to the same target 
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP 
density levels specified for [theta]>7[deg] may be exceeded by up to 3 
dB in up to 10% of the range of theta ([theta]) angles from 7-180[deg].
    (B) The off-axis EIRP spectral density of co-polarized signals 
shall not exceed the following values in the plane perpendicular to the 
GSO arc, as defined in Sec.  25.103:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
18-10log(N)-25log[theta].....  dBW/4 kHz      for
                                               3.0[deg]<=[theta]<=48[deg
                                               ].
-24-10log(N).................  dBW/4 kHz      for
                                               48[deg]<[theta]<=85[deg].
-14-10log(N).................  dBW/4 kHz      for
                                               85[deg]<[theta]<=180[deg]
                                               .
------------------------------------------------------------------------


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

[[Page 65131]]

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
5-10log(N)-25log[theta]......  dBW/4 kHz      for
                                               1.8[deg]<=[theta]<=7.0[de
                                               g].
-16-10log(N).................  dBW/4 kHz      for
                                               7.0[deg]<[theta]<=9.2[deg
                                               ].
------------------------------------------------------------------------


Where [theta] and N are as defined in paragraph (a)(1)(i)(A) of this 
section.
    (D) For non-circular VMES antennas, the major axis of the antenna 
must be aligned with the plane tangent to the GSO arc to the extent 
required to meet the specified off-axis EIRP spectral density criteria.
* * * * *
    (2) The following requirements apply to VMES systems that operate 
with off-axis EIRP spectral-densities in excess of the levels in 
paragraph (a)(1)(i) or (a)(3)(i) of this section under licenses granted 
based on certifications filed pursuant to paragraph (b)(2) of this 
section.
    (i) A VMES or VMES system licensed based on certifications filed 
pursuant to paragraph (b)(2) of this section must operate in accordance 
with the off-axis EIRP density specifications provided to the target 
satellite operator in order to obtain the certifications.
    (ii) Any VMES transmitter operating under a license granted based 
on certifications filed pursuant to paragraph (b)(2) of this section 
must be self-monitoring and capable of shutting itself off and must 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP-density in excess of the specifications supplied to the 
target satellite operator.
    (iii) A system with variable power control of individual VMES 
transmitters must monitor the aggregate off-axis EIRP density from 
simultaneously-transmitting VMES transmitters at the system's network 
control and monitoring center. If simultaneous operation of two or more 
VMES transmitters causes aggregate off-axis EIRP density to exceed the 
off-axis EIRP density specifications supplied to the target satellite 
operator, the network control and monitoring center must command those 
transmitters to cease emissions or reduce the aggregate EIRP density to 
a level at or below those specifications and the transmitters must 
comply within 100 milliseconds of receiving the command.
    (3) The following requirements apply to a VMES system that uses 
variable power control of individual VMES earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
unless the system operates pursuant to paragraph (a)(2) of this 
section.
    (i) Aggregate EIRP density from terminals in the network toward any 
co-frequency satellite other than the target satellite(s) must be at 
least 1 dB below the limits defined in paragraph (a)(1)(i) of this 
section, with the value of N=1.
    (ii) Each VMES transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) Aggregate power density from simultaneously-transmitting VMES 
transmitters must be monitored at the system's network control and 
monitoring center. If simultaneous operation of two or more 
transmitters in a VMES network causes aggregate off-axis EIRP density 
to exceed the off-axis EIRP density limit in paragraph (a)(3)(i) of 
this section, the network control and monitoring center must command 
those transmitters to cease emissions or reduce the aggregate EIRP 
density to a level at or below that limit, and those transmitters must 
comply within 100 milliseconds of receiving the command.
* * * * *
    (b) Applications for VMES operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the Fixed-Satellite Service must 
include, in addition to the particulars of operation identified on Form 
312, and associated Schedule B, applicable technical demonstrations 
pursuant to paragraph (b)(1), (b)(2), or (b)(3) of this section and the 
documentation identified in paragraphs (b)(4) through (b)(8) of this 
section.
    (1) A VMES applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). The applicant must also specify the value N 
defined in paragraph (a)(1)(i)(A) of this section. An applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section must also provide the certifications identified in 
paragraph (b)(1)(iii) of this section. An applicant proposing to 
implement a transmitter under paragraph (a)(1)(ii)(B) of this section 
must also provide the demonstrations identified in paragraph (b)(1)(iv) 
of this section.
* * * * *
    (2) An applicant proposing to operate with off-axis EIRP density in 
excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this 
section must provide the following in exhibits to its earth station 
application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) The certifications required by Sec.  25.220(d);
    (iii) A detailed showing that each VMES transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously-transmitting VMES transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more VMES transmitters causes the aggregate off-
axis EIRP density to exceed the off-axis EIRP density specifications 
supplied to the target satellite operator, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below those 
specifications; and that those transmitters will comply within 100 
milliseconds of receiving the command.
    (3) An applicant proposing to implement a VMES system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) A detailed showing that each VMES terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously-transmitting ESV transmitters will be monitored at the

[[Page 65132]]

system's network control and monitoring center; that if simultaneous 
operation of two or more transmitters in the VMES network causes 
aggregate off-axis EIRP density to exceed the off-axis EIRP density 
limit in paragraph (a)(3)(i) of this section, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below that limit; 
and that those transmitters will comply within 100 milliseconds of 
receiving the command.
* * * * *
0
47. Amend Sec.  25.227 by revising paragraphs (a)(1)(i)(A) through (C), 
paragraphs (a)(2) and (3), paragraphs (b) and (b)(1) introductory text, 
removing and reserving paragraphs (b)(1)(i) and (ii), and revising 
paragraphs (b)(2) and (3) to read as follows:
* * * * *


Sec.  25.227  Blanket licensing provisions for Earth Stations Aboard 
Aircraft (ESAAs) receiving in the 10.95-11.2 GHz (space-to-Earth), 
11.45-11.7 GHz (space-to-Earth), and 11.7-12.2 GHz (space-to-Earth) 
frequency bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) 
frequency band, operating with Geostationary Satellites in the Fixed-
Satellite Service.

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
15-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               1.5[deg]<=[thetas]<=7[deg
                                               ].
-6-10log10(N)................  dBW/4 kHz      for
                                               7[deg]<[thetas]<=9.2[deg]
                                               .
18-10log10(N)-25log10[thetas]  dBW/4 kHz      for
                                               9.2[deg]<[thetas]<=48[deg
                                               ].
-24-10log10(N)...............  dBW/4 kHz      for
                                               48[deg]<[thetas]<=85[deg]
                                               .
-14-10log10(N)...............  dBW/4 kHz      for
                                               85[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


Where theta ([thetas]) is the angle in degrees from a line from the 
earth station's antenna to the assigned orbital location of the target 
satellite. For stations in networks that allow multiple terminals to 
transmit simultaneously in shared frequencies with equal on-axis EIRP, 
``N'' is the number of network earth stations transmitting 
simultaneously in the same frequencies to the same target satellite, 
not counting burst collisions resulting from operation with a 
contention protocol. N=1 for any station not transmitting 
simultaneously with others on common frequencies to the same target 
satellite and stations in networks that permit such simultaneous co-
frequency transmission only in contention protocol operation. The EIRP 
density levels specified for [thetas]>7[deg] may be exceeded by up to 3 
dB in up to 10% of the range of theta ([thetas]) angles from 7-180[deg].
    (B) The EIRP spectral density of co-polarized signals must not 
exceed the following values in the plane perpendicular to the GSO arc, 
as defined in Sec.  25.103:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
18-10log(N)-25log[thetas]....  dBW/4 kHz      for 3.0[deg]<=[thetas]<=
                                               48[deg].
-24-10log(N).................  dBW/4 kHz      for
                                               48[deg]<[thetas]<=85[deg]
                                               .
-14-10log(N).................  dBW/4 kHz      for
                                               85[deg]<[thetas]<=180[deg
                                               ].
------------------------------------------------------------------------


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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
5-10log10(N)-25log10[thetas].  dBW/4 kHz      for
                                               1.8[deg]<[thetas]<=7[deg]
                                               .
-16-10log10(N)...............  dBW/4 kHz      for
                                               7[deg]<[thetas]<=9.2[deg]
                                               .
------------------------------------------------------------------------


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

[[Page 65133]]

    (i) Aggregate EIRP density from ESAA terminals toward any co-
frequency satellite other than the target satellite(s) must be at least 
1 dB below the limits specified in paragraph (a)(1)(i) of this section, 
with the value of N=1.
    (ii) Each ESAA transmitter must be self-monitoring and capable of 
shutting itself off and must cease or reduce emissions within 100 
milliseconds after generating off-axis EIRP density in excess of the 
limit in paragraph (a)(3)(i) of this section.
    (iii) A system with variable power control of individual ESAA 
transmitters must monitor aggregate power density from simultaneously-
transmitting ESAA transmitters at the network control and monitoring 
center. If simultaneous operation of two or more transmitters causes 
aggregate off-axis EIRP density to exceed the off-axis EIRP density 
limit in paragraph (a)(3)(i) of this section, the network control and 
monitoring center must command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below that limit, 
and those transmitters must comply within 100 milliseconds of receiving 
the command.
* * * * *
    (b) Applications for ESAA operation in the 14.0-14.5 GHz (Earth-to-
space) band to GSO satellites in the 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), (b)(2), or (b)(3), and the documentation 
identified in paragraphs (b)(4) through (b)(8) of this section.
    (1) An ESAA applicant proposing to implement a transmitter under 
paragraph (a)(1) of this section must provide the information required 
by Sec.  25.115(g)(1). The applicant must also specify the value N 
defined in paragraph (a)(1)(i)(A) of this section. An applicant 
proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of 
this section must also provide the certifications identified in 
paragraph (b)(1)(iii) of this section. An applicant proposing to 
implement a transmitter under paragraph (a)(1)(ii)(B) of this section 
must also provide the demonstrations identified in paragraph (b)(1)(iv) 
of this section.
* * * * *
    (2) An ESAA applicant proposing to operate with off-axis EIRP 
density in excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of 
this section must provide the following in exhibits to its earth 
station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) The certifications required by Sec.  25.220(d); and
    (iii) A detailed showing that each ESAA transmitter in the system 
will automatically cease or reduce emissions within 100 milliseconds 
after generating EIRP density exceeding specifications provided to the 
target satellite operator; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously-transmitting ESAA transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more ESAA transmitters causes the aggregate off-
axis EIRP density to exceed the off-axis EIRP density specifications 
supplied to the target satellite operator, the network control and 
monitoring center will command those transmitters to cease emissions or 
reduce the aggregate EIRP density to a level at or below those 
specifications; and that those transmitters will comply within 100 
milliseconds of receiving the command.
    (3) An applicant proposing to implement an ESAA system subject to 
paragraph (a)(3) of this section must provide the following information 
in exhibits to its earth station application:
    (i) Off-axis EIRP density data pursuant to Sec.  25.115(g)(1);
    (ii) A detailed showing of the measures that will be employed to 
maintain aggregate EIRP density at or below the limit in paragraph 
(a)(3)(i) of this section;
    (iii) A detailed showing that each ESAA terminal will automatically 
cease or reduce emissions within 100 milliseconds after generating off-
axis EIRP density exceeding the limit in paragraph (a)(3)(i) of this 
section; and
    (iv) A detailed showing that the aggregate power density from 
simultaneously-transmitting ESAA transmitters will be monitored at the 
system's network control and monitoring center; that if simultaneous 
operation of two or more transmitters in the ESAA network causes 
aggregate off-axis EIRP density to exceed the off-axis density limit in 
paragraph (a)(3)(i) of this section, the network control and monitoring 
center will command those transmitters to cease emissions or reduce the 
aggregate EIRP density to a level at or below that limit; and that 
those transmitters will comply within 100 milliseconds of receiving the 
command.
* * * * *
0
48. Amend Sec.  25.258 by revising the section heading and the first 
sentence in paragraph (b) to read as follows:


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

* * * * *
    (b) Licensed GSO FSS earth stations in the vicinity of operational 
or planned NGSO MSS feeder link earth station complexes shall, to the 
maximum extent possible, operate with frequency/polarization selections 
that will minimize unacceptable interference with reception of GSO FSS 
and NGSO MSS uplink transmissions in the 29.25-29.5 GHz band. * * *
0
49. Amend Sec.  25.264 by revising paragraph (a) introductory text and 
paragraph (a)(5), adding paragraph (a)(6), and revising paragraph (b) 
introductory text, the second sentence in paragraph (b)(1), paragraph 
(b)(2)(ii), the first sentence in paragraph (b)(3), the first sentence 
in paragraph (c), the first sentence in paragraph (d) introductory 
text, and the first two sentences in paragraph (d)(1)(ii) to read as 
follows:


Sec.  25.264  Requirements to facilitate reverse-band operation in the 
17.3-17.8 GHz band of 17/24 GHz Broadcasting-Satellite Service and 
Direct Broadcast Satellite Service space stations.

    (a) Each 17/24 GHz BSS space station applicant or licensee must 
submit a series of tables or graphs containing predicted off-axis gain 
data for each antenna that will transmit in the 17.3-17.8 GHz frequency 
band, in accordance with the following specifications. Using a 
Cartesian coordinate system wherein the X axis is tangent to the 
geostationary orbital arc with the positive direction pointing east, 
i.e., in the direction of travel of the satellite; the Y axis is 
parallel to a line passing through the geographic north and south poles 
of the Earth, with the positive direction pointing south; and the Z 
axis passes through the satellite and the center of the Earth, with the 
positive direction pointing toward the Earth, the applicant or licensee 
must provide the predicted transmitting antenna off-axis antenna gain 
information: * * *
* * * * *
    (5) Over a greater angular measurement range, if necessary, to 
account for any planned spacecraft orientation bias or change in 
operating orientation relative to the reference coordinate system. The 
applicant or licensee must state the reasons for including such 
additional information.
    (6) The predictive gain information must be submitted to the 
Commission when a license application is filed for a 17/24 GHz BSS 
space station or within 60 days after completion of critical design 
review for the space station, whichever occurs later.

[[Page 65134]]

    (b) A 17/24 GHz BSS space station applicant or licensee must submit 
power flux density (pfd) calculations based on the predicted gain data 
submitted in accordance with paragraph (a) of this section, as follows:
    (1) * * * In this section, the term prior-filed U.S. DBS space 
station refers to any co-frequency Direct Broadcast Satellite service 
space station for which an application was filed with the Commission, 
or an authorization was granted by the Commission, prior to the filing 
of the information and certifications required by paragraphs (a) and 
(b) of this section. * * *
    (2) * * *
    (ii) Indicate the extent to which the calculated pfd of the 17/24 
GHz space station's transmissions in the 17.3-17.8 GHz band exceed the 
threshold pfd level of -117 dBW/m\2\/100 kHz at those prior-filed U.S. 
DBS space station locations.
    (3) If the calculated pfd exceeds the threshold level of -117 dBW/
m\2\/100 kHz at the location of any prior-filed U.S. DBS space station, 
the applicant or licensee must also provide with the pfd calculations a 
certification that all affected DBS operators acknowledge and do not 
object to such higher off-axis pfd levels. * * *
    (4) The information and any certification required by paragraph (b) 
of this section must be submitted to the Commission when a license 
application is filed for a 17/24 GHz BSS space station or within 60 
days after completion of critical design review for the space station, 
whichever occurs later. Otherwise, such information and certifications 
must be submitted to the Commission within 24 months after the grant of 
an operating license for a 17/24 GHz BSS space station or when the 
applicant or licensee certifies completion of critical design review, 
whichever occurs first.
    (c) No later than 2 months prior to launch, each 17/24 GHz BSS 
space station licensee must update the predicted transmitting antenna 
off-axis gain information provided in accordance with paragraph (a) of 
this section by submitting measured transmitting antenna off-axis gain 
information over the angular ranges, measurement frequencies and 
polarizations specified in paragraphs (a)(1) through (5) of this 
section. * * *
    (d) No later than 2 months prior to launch, or when applying for 
authority to change the location of a 17/24 GHz BSS space station that 
is already in orbit, each 17/24 GHz BSS space station licensee must 
provide pfd calculations based on the measured off-axis gain data 
submitted in accordance with paragraph (c) of this section, as follows:
    (1) * * *
    (ii) At the location of any subsequently-filed U.S. DBS space 
station where the pfd level in the 17.3-17.8 GHz band calculated on the 
basis of measured gain data exceeds -117 dBW/m\2\/100 kHz. In this 
rule, the term subsequently-filed U.S. DBS space station refers to any 
co-frequency Direct Broadcast Satellite service space station proposed 
in a license application filed with the Commission after the 17/24 GHz 
BSS operator submitted the predicted data required by paragraphs (a) 
through (b) of this section but before submission of the measured data 
required by this paragraph. * * *
* * * * *
0
50. Amend Sec.  25.275 by adding paragraph (e) to read as follows:


Sec.  25.275  Particulars of operation.

* * * * *
    (e) Transmission from an earth station of an unmodulated carrier at 
a power level sufficient to saturate a satellite transponder is 
prohibited, except by the space station licensee to determine 
transponder performance characteristics.
0
51. Add Sec.  25.288 to read as follows:


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

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

Alternative Proposed Revision of Milestone and Bond Rules

Alternative 1

0
1. Amend Sec.  25.164 by revising paragraphs (a) and (b), removing and 
reserving paragraph (c), and revising paragraph (d) to read as follows:


Sec.  25.164  Milestones.

    (a) Licensees of geostationary orbit satellite systems, other than 
DBS and DARS satellite systems, licensed on or after August 27, 2003 
will be required to comply with the schedule set forth in paragraphs 
(a)(1) and (2) of this section in implementing their satellite systems, 
unless a different schedule is established by Title 47, Chapter I, or 
by Commission Order, or by Order adopted pursuant to delegated 
authority. These dates are to be measured from the date the license is 
issued.
    (1) Two years: Complete the critical design review of the licensed 
satellite system.
    (2) Five years: Launch the space station, position it in its 
assigned orbital location, and operate it in accordance with the 
station authorization.
    (b) Licensees of non-geostationary orbit satellite systems other 
than DBS and DARS satellite systems licensed on or after September 11, 
2003, will be required to comply with the schedule set forth in 
paragraphs (b)(1) through (b)(5) of this section in implementing their 
satellite systems, unless a different schedule is established by Title 
47, Chapter I, or by Commission Order, or by Order adopted pursuant to 
delegated authority. These dates are to be measured from the date the 
license is issued.
    (1) Two years: Complete the critical design review of the licensed 
satellite system.
    (2) Three years, six months: Launch the first space station, place 
it in the authorized orbit, and operate it in accordance with the 
station authorization.
    (3) Six years: Bring all the satellites in the licensed satellite 
system into operation.
* * * * *
    (d) No later than 15 days after the milestone deadline for CDR, the 
recipient of an initial license for operation of a space station, or 
space stations, other than DBS or SDARS space stations, must either 
certify that CDR has been completed for the authorized satellite(s) or 
notify the Commission in writing that CDR has not been completed. A 
licensee that certifies completion of CDR must also file a 
corroborating affidavit from the satellite manufacturer and evidence of 
appropriate payment to date.
* * * * *

Alternative 2

0
2. Amend Sec.  25.164 by revising paragraphs (a) and (b), removing and 
reserving paragraphs (c) through (e), and revising paragraphs (f) and 
(g) to read as follows:


Sec.  25.164  Milestones.

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

[[Page 65135]]

DBS or SDARS satellite systems, granted on or after September 11, 2003 
must launch the authorized space stations, place them in the assigned 
orbits, and operate them in accordance with the station authorization 
no later than six years after the grant of the license, unless a 
different schedule is established by Title 47, Chapter I, or by order 
of the Commission or order adopted pursuant to delegated authority.
* * * * *
    (f) A licensee subject to the requirements in paragraph (a) or (b) 
of this section must either demonstrate compliance with the requirement 
specified therein or notify the Commission in writing that the 
requirement was not met, within 15 days after the specified deadline. 
Compliance with a milestone requirement in paragraph (a) or (b) of this 
section may be demonstrated by certifying pursuant to Sec.  25.121(d) 
that the space station(s) in question, has, or have, been launched and 
placed in the authorized orbital location or non-geostationary orbit(s) 
and that in-orbit operation of the space station or stations has been 
tested and found to be consistent with the terms of the authorization.
    (g) Licensees of satellite systems that include both NGSO 
satellites and GSO satellites, other than DBS and DARS satellite 
systems, must meet the requirement in paragraph (a) of this section 
with respect to the GSO satellite(s) and the requirement in paragraph 
(b) of this section with respect to the NGSO satellites.
* * * * *
0
3. Amend Sec.  25.165 by revising the section heading and paragraph (d) 
to read as follows:


Sec.  25.165  Surety bonds.

* * * * *
    (d)(1) In the event of a default as defined in paragraph (c) of 
this section, the amount determined pursuant to paragraph (a) of this 
section must be paid to the U.S. Treasury, with any additional amount 
determined pursuant to paragraph (f) of this section.
    (2) If a licensee surrenders a license for cancellation prior to an 
applicable deadline in Sec.  25.164(a) or (b), the surety shall pay the 
U.S. Treasury $400,000 plus a pro rata amount to be determined 
according to this formula: A = B*D/T, where A is the pro rata amount to 
be paid; B is either zero or the amount determined pursuant to 
paragraph (a) of this section minus $400,000, whichever is greater; D 
is the number of days that elapsed from the date of license grant until 
the date when the license was surrendered, and T is the total number of 
days from the date of grant until the relevant deadline in Sec.  
25.164(a) or (b). If the license was for a hybrid system subject to 
paragraph (a)(3) of this section, T is the number of days between grant 
and the deadline determined in accordance with Sec.  25.164(b).
    (3) If paragraph (f) of this section is applicable and the license 
is surrendered for cancellation prior to an applicable deadline in 
Sec.  25.164(a) or (b), the amount to be paid will be the sum of the 
amounts determined in accordance with paragraphs (d)(2) and (f) of this 
section.
* * * * *

Alternative Proposed Revision of Two Degree Spacing Rules

0
1. Amend Sec.  25.140 by revising paragraphs (a) and (b)(3) to read as 
follows:


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

    (a)(1) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation involving transmission of 
analog video signals must certify that the proposed analog video 
operation has been coordinated with operators of authorized co-
frequency space stations within 6 degrees of the requested orbit 
location.
    (2) In addition to the information required by Sec.  25.114, an 
applicant for a GSO FSS space station at an orbital location less than 
2 degrees from the assigned location of an authorized co-frequency GSO 
space station must either certify that the proposed operation has been 
coordinated with the operator of the co-frequency space station or 
submit an interference analysis demonstrating the compatibility of the 
proposed system with the co-frequency space station. Such analysis must 
include, for each type of radio frequency carrier, the link noise 
budget, modulation parameters, and overall link performance analysis. 
(See Appendices B and C to Licensing of Space Stations in the Domestic 
Fixed-Satellite Service, FCC 83-184, and the following public notices, 
copies of which are available in the Commission's EDOCS database: DA 
03-3863 and DA 04-1708.) The provisions in this paragraph do not apply 
to proposed analog video operation, which is subject to the requirement 
in paragraph (a)(1).
    (3) In addition to the information required by Sec.  25.114, 
applicants for GSO FSS space stations must provide the following for 
operation other than analog video operation:
    (i) With respect to proposed operation in the conventional or 
extended C-band, certification that downlink EIRP density will not 
exceed 1 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog 
transmissions and that EIRP density from associated uplink operation 
will not exceed applicable envelopes in Sec.  25.218 or Sec.  25.221(a) 
unless the non-conforming uplink and/or downlink operation is 
coordinated with operators of previously authorized co-frequency space 
stations at assigned locations within 6 degrees of the orbital location 
of the proposed space station.
    (ii) With respect to proposed operation in the conventional or 
extended Ku-band, certification that downlink EIRP density will not 
exceed 10 dBW/4kHz for digital transmission or 17 dBW/4kHz for analog 
transmission and that associated uplink operation will not exceed 
applicable EIRP density envelopes in Sec. Sec.  25.218, 25.222, 25.226, 
or Sec.  25.227 unless the non-conforming uplink and/or downlink 
operation is coordinated with operators of previously authorized co-
frequency space stations at assigned locations within 6 degrees of the 
orbital location of the proposed space station.
    (iii) With respect to proposed operation in the 20/30 GHz band, 
certification that the proposed space stations will not generate power 
flux-density at the Earth's surface in excess of -118 dBW/m\2\/MHz and 
that associated uplink operation will not exceed applicable EIRP 
density envelopes in Sec.  25.138(a) unless the non-conforming uplink 
and/or downlink operation is coordinated with operators of previously 
authorized co-frequency space stations at assigned locations within 6 
degrees of the orbital location of the proposed space station.
    (b) * * *
    (3) Except as described in paragraph (b)(5) of this section, an 
applicant for a license to operate a 17/24 GHz BSS space station that 
will be located precisely at one of the 17/24 GHz BSS orbital locations 
specified in Appendix F of the Report and Order adopted May 2, 2007, IB 
Docket No. 06-123, FCC 07-76, must provide an interference analysis 
demonstrating the compatibility of its proposed network with any 
current or future authorized space station in the 17/24 GHz BSS that 
complies with the technical rules in this part and will be located at 
least 4 degrees from the proposed space station.
* * * * *

[[Page 65136]]

0
2. Amend Sec.  25.209 by revising paragraphs (a) through (c), removing 
and reserving paragraph (e), removing from paragraph (f) the word 
``procedures'' wherever it appears and adding in its place the word 
``requirements,'' and revising paragraph (h) to read as follows:


Sec.  25.209  Earth station antenna performance standards.

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

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


Where [thgr] is the angle in degrees from a line from the focal point 
of the antenna to the target satellite, and dBi refers to dB relative 
to an isotropic radiator. This envelope may be exceeded by up to 3 dB 
in 10% of the range of [thgr] angles from 7-180[deg].
    (2) In the plane tangent to the GSO arc, for earth stations 
operating in the conventional Ku-band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
29-25log10[thgr].............  dBi            for
                                               1.5[deg]<=[thgr]<=7[deg].
8............................  dBi            for
                                               7[deg]<[thgr]<=9.2[deg].
32-25log10[thgr].............  dBi            for
                                               9.2[deg]<[thgr]<=48[deg].
-10..........................  dBi            for
                                               48[deg]<[thgr]<=85[deg].
0............................  dBi            for
                                               85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr] 
angles from 7-180[deg].
    (3) In the plane tangent to the GSO arc, for earth stations 
operating in the 28.35-30 GHz band:

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


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr] 
angles from 7-180[deg].
    (4) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, for earth stations not operating in the conventional Ku-band, 
28.35-30 GHz band, or 24.75-25.25 GHz band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

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


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr] 
angles from 3-180[deg].
    (5) In the plane perpendicular to the GSO arc, for earth stations 
operating in the conventional Ku-band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
32-25log10[thgr].............  dBi            for
                                               3[deg]<[thgr]<=48[deg].
-10..........................  dBi            for
                                               48[deg]<[thgr]<=85[deg].
0............................  dBi            for
                                               85[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr] 
angles from 3-180[deg].
    (6) In the plane perpendicular to the GSO arc, for earth stations 
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
32-25log10[thgr].............  dBi            for
                                               3.5[deg]<[thgr]<=7[deg].
10.9.........................  dBi            for
                                               7[deg]<[thgr]<=9.2[deg].
35-25log10[thgr].............  dBi            for
                                               9.2[deg]<[thgr]<=48[deg].
3............................  dBi            for
                                               48[deg]<[thgr]<=180[deg].
------------------------------------------------------------------------


[[Page 65137]]


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 6 dB in 10% of the range of [thgr] 
angles from 3-180[deg].
    (b) Except as provided in paragraph (f) of this section, the off-
axis cross-polarization gain of any antenna used for transmission from 
an FSS earth station, including earth stations providing feeder links 
for satellite services other than FSS, may not exceed the following 
limits:
    (1) In the plane tangent to the GSO arc, for earth stations not 
operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
19-25log10[thgr].............  dBi            for
                                               1.8[deg]<[thgr]<=7[deg].
-2...........................  dBi            for
                                               7[deg]<[thgr]<=9.2[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above.
    (2) In the plane perpendicular to the GSO arc, for earth stations 
not operating in the 28.35-30 GHz band or the 24.75-25.25 GHz band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
19-25log10[thgr].............  dBi            for 3[deg]<[thgr]<=7[deg].
-2...........................  dBi            for
                                               7[deg]<[thgr]<=9.2[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above.
    (3) In the plane perpendicular to the GSO arc, for earth stations 
operating in the 28.35-30 GHz band or 24.75-25.25 GHz band:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
19-25log10[thgr].............  dBi            for 2[deg]<[thgr]<=7[deg].
-2...........................  dBi            for
                                               7[deg]<[thgr]<=9.2[deg].
------------------------------------------------------------------------


Where [thgr] and dBi are as defined in paragraph (a)(1) above.
    (c)(1) An earth station licensed for operation with an FSS space 
station or registered for reception of transmissions from such a space 
station pursuant to Sections 25.131(b) and (d) is not entitled to 
protection from interference from authorized operation of previously 
authorized stations that would not cause harmful interference to that 
earth station if it were using an antenna with receive-band gain 
patterns conforming to the levels specified in Sections 25.209(a) and 
(b). For purposes of this rule, a previously authorized station is one 
that was licensed by the Commission or approved for U.S. market access 
prior to the licensing of the earth station receiving interference.
    (2) The operator of an earth station licensed for operation with an 
FSS space station or registered for reception of transmissions from 
such a space station pursuant to Sections 25.131(b) and (d) may claim 
protection from harmful interference from operation of any station that 
is not previously authorized as that term is defined in paragraph 
(c)(1) of this section, unless such interference is permitted under a 
coordination agreement with the earth station operator or the operator 
of a space station with which the earth station communicates.
    (3) A 17/24 GHz BSS telemetry earth station is not entitled to 
protection from harmful interference from authorized space station 
operation that would not cause harmful interference to that earth 
station if it were using an antenna with receive-band gain patterns 
conforming to the levels specified in paragraphs (a) and (b) of this 
section. Receive-only earth stations in the 17/24 GHz BSS are entitled 
to protection from harmful interference caused by other space stations 
to the extent indicated in Sec.  25.224.
* * * * *
    (h) The gain of any transmitting antenna in a gateway earth station 
communicating with NGSO FSS satellites in the 10.7-11.7 GHz, 12.75-
13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and/or 14.4-14.5 GHz bands 
must lie below the envelope defined as follows:

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


Where [thgr] and dBi are as defined in paragraph (a)(1) above. This 
envelope may be exceeded by up to 3 dB in 10% of the range of [thgr] 
angles from 7-180[deg].
0
3. Amend Sec.  25.220 by redesignating paragraph (a)(1) as paragraph 
(a), removing paragraph (a)(2), removing and reserving paragraphs 
(d)(1)(i) and (d)(2), and revising the redesignated paragraph (a), 
paragraph (b), and the third sentence in paragraph (d)(1) introductory 
text to read as follows:


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

    (a) The requirements in this section apply to applications for, and 
operation of, earth stations transmitting in the conventional or 
extended C-band, the conventional or extended Ku-band, or the 20/30 GHz 
bands that do not qualify for routine licensing under relevant criteria 
in Sec. Sec.  25.134, 25.138, 25.211, 25.212, 25.218, 25.221(a)(1) or 
(3), 25.222(a)(1) or (3), 25.226(a)(1) or (3), or Sec.  25.227(a)(1) or 
(3).
    (b) Applications filed pursuant to this section must include the 
information required by Sec.  25.115(g)(1).
* * * * *
    (d)(1) * * * The applicant will be granted protection from 
receiving interference from the satellite systems included in the 
coordination agreements referred to in the certification required by 
paragraph (d)(1)(ii) of this section only to the extent that protection 
from receiving interference is afforded by those coordination 
agreements.
* * * * *
[FR Doc. 2014-25400 Filed 10-30-14; 8:45 am]
BILLING CODE 6712-01-P