DA 04-1708

> Report No. SPB-207

June 16, 2004

**International Bureau Satellite Division Information:**

Clarification of 47 C.F.R. § 25.140(b)(2)

Space Station Application Interference Analysis

The Commission requires all applications for space station licenses to
be substantially complete when they are filed. Applications that are not
substantially complete are returned to the applicant without further
processing.[^1] The Commission's Part 25 Rules set forth various
information requirements that applicants must provide in their space
station applications.[^2] Applicants requesting launch and operating
authority for space stations operating in the Fixed-Satellite Service
(FSS) must provide, among other things, an interference analysis
demonstrating that the proposed FSS satellite system will be compatible
with the Commission's two-degree orbital spacing environment.[^3]
Specifically, Section 25.140(b)(2) states that each applicant must
provide an interference analysis demonstrating the compatibility of its
proposed system two degrees from **any** authorized space station.
Historically, applicants have submitted interference analyses based on
other authorized or proposed systems or based on the technical data of
the applicant's own satellite in cases where there are no licensed or
proposed satellites within two degrees of the applicant's proposed
orbital location. On December 3, 2003 the International Bureau,
Satellite Division, issued a Public Notice providing guidance on the
types of technical information that must be included in an interference
analysis.[^4] In this Public Notice, we provide further guidance on the
"adjacent" satellites on which an interference analysis must be based.

We clarify that the interference analysis required by Section
25.140(b)(2) must demonstrate the proposed satellite's two degree
compatibility with currently authorized stations. Where there are no
currently authorized stations within two degrees of the applicant's
proposed station, the applicant must demonstrate the compatibility of
its system with a proposed station at an assumed two degree separation.
In situations where there are no authorized or proposed stations within
two degrees of the applicant's requested orbit location, the applicant
must submit an interference analysis, with an assumed two degree
separation, using either: (1) the technical characteristics of
authorized or proposed satellites located more than two degrees away
that meet U.S. two-degree compliance rules; or (2) the technical
characteristics of the applicant's own satellite.

Parties seeking to file applications requesting launch and operating
authority for geostationary satellite orbit space stations operating in
an FSS frequency band are advised to carefully review Section 25.140 of
the Commission's Rules, the *Two-Degree Spacing Order*, the *December 3
Public Notice*, and the guidance provided in this Public Notice. Any
geostationary satellite orbit space station applications for operation
in any FSS frequency band received after the date of this public notice
that do not contain an interference analysis meeting the requirements
specified in the *December 3 Public Notice* and this Public Notice will
be dismissed as defective. Applications filed prior to this Public
Notice that do not meet these requirements may be subject to a
Commission letter requesting that the applicant provide supplemental
information on the interference analysis. Failure to respond in a timely
manner to the request for supplemental information may result in the
dismissal of the application pursuant to Sections 25.112(c) and
25.152(b) of the Commission's rules.[^5]

For further information, contact Robert Nelson at 202-418-2341.

[^1]: *See e.g.*, Amendment of the Commission\'s Space Station Licensing
    Rules and Policies, *First Report and Order and Further Notice of
    Proposed Rulemaking*, IB Docket No. 02-34, 18 FCC Rcd 10760, 10852
    (para. 244) (2003), (*First Space Station Reform Order*), *citing*
    Amendment of the Commission's Space Station Licensing Rules and
    Policies*, Notice of Proposed Rulemaking,* IB Docket No. 02-34, 17
    FCC Rcd 3847, 3875 (para. 84) (2002).

[^2]: ^?^ *See* 47 C.F.R. Part 25.

[^3]: ^?^ *See* 47 C.F.R. § 25.140; Licensing of Space Stations in the
    Domestic Fixed-Satellite Service and Related Revisions of Part 25 of
    the Rules and Regulations, *Report and Order*, CC Docket No. 81-704,
    FCC 83-184, 54 Rad. Reg. 2d 577 (released Aug. 16, 1983); *summary
    printed in* Licensing Space Stations in the Domestic Fixed-Satellite
    Service, 48 F.R. 40233 (Sept. 6, 1983) (*Two Degree Spacing Order*).

[^4]: International Bureau, Satellite Division Information:
    Clarification of 47 C.F.R. § 25.140(b)(2), Space Station Application
    Interference Analysis, *Public Notice*, SPB-195, 18 FCC Rcd 25099
    (2003) (*December 3 Public Notice*).

[^5]: *See also First Space Station Reform Order*, 18 FCC Rcd at 10760
    (para. 244).