65106 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

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. 

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 

Cathy.Williams@fcc.gov. 

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 fcc504@

fcc.gov or calling the Consider & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), or 202–418–0432 

(tty). 

Pursuant to §§ 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. 

D 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). 

D Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

D 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. 

D All hand-delivered or messengerdelivered 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. 

D 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. 

D 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 fcc504@fcc.gov 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 satelliteservice 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 FixedSatellite 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 

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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 nonplanned 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 

§ 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 § 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 ‘‘threestrikes’’ rule in § 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 § 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 nongeostationary-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 § 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 

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65108 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

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 postgrant 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 cofrequency 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 cofrequency 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 nonconforming 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 cofrequency 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 § 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 nonconforming 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’’ 

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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 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, cocoverage operation with a U.S.-licensed 

operator that has been providing nontwo-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 

§ 25.140(a) are often based on 

assumptions that may not accurately 

reflect the actual operational 

environment. We propose to amend 

§ 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 §§ 25.134, 25.138, and 

25.212 and insert them in § 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 § 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 

§ 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 firstcome, 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-firstserved 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 CrossPolarized 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 §§ 25.134 

and 25.212 

15. Clarification of the Applicability of 

§ 25.218 

16. Reference Bandwidth in EIRP Density 

Specifications in § 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 NonConforming 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 CBand’’ ‘‘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 § 25.115

‘‘Applications for earth station 

authorizations’’ 

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65110 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

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). 

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

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 § 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. 

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. 

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. 

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3Public Law 107–198. 

4 44 U.S.C. 3506(c)(4). 

• 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 § 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

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 

■ 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. 

■ 2. Amend § 0.457 by adding paragraph 

(d)(1)(vii)(C) to read as follows: 

§ 0.457 Records not routinely available for 

public inspection. 

* * * * * 

(d) * * * 

(1) * * * 

(vii) * * * 

(C) Draft APIs and Coordination 

Requests filed pursuant to § 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 § 25.151(a). 

PART 25—SATELLITE 

COMMUNICATIONS 

■ 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. 

§ 25.103 [Amended]. 

■ 4. Amend § 25.103 as follows: 

■ a. Remove the definitions of ‘‘12/14 

GHz band’’ and ‘‘C-band’’; 

■ b. Revise the definition of ‘‘20/30 GHz 

bands’’; 

■ c. Add definitions of ‘‘Conventional 

C-band,’’ ‘‘Conventional Ku-band,’’ and 

‘‘Extended C-band’’; 

■ d. Revise the definition of ‘‘NGSO FSS 

gateway earth station’’; 

■ e. Add definitions of ‘‘Plane 

perpendicular to the GSO arc’’ and 

‘‘Plane tangent to the GSO arc’’; 

■ f. Revise the definition of ‘‘Protection 

areas’’; 

■ 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 (spaceto-Earth), 28.35–28.6 GHz (Earth-tospace), and 29.25–30.0 GHz (Earth-tomstockstill on DSK4VPTVN1PROD with PROPOSALS2

65112 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

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-tospace), and 6700–7025 MHz (bidirectional) 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 useroperated 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 

§ 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 § 25.140(a)(3) and 

communicating only with earth stations 

operating in conformance with routine 

uplink parameters specified in 

§§ 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 § 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. 

■ 5. Amend § 25.110 by revising 

paragraphs (b) and (d) to read as 

follows: 

§ 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 § 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 § 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 

§ 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. 

■ 6. Amend § 25.112 by revising the 

section heading, the first sentence in 

paragraph (b), and paragraph (c), and 

adding paragraph (d) to read as follows: 

§ 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 § 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. 

■ 7. Amend § 25.113 by revising 

paragraphs (f) through (h) and adding 

paragraph (i) to read as follows: 

§ 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 

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satellite will be considered pursuant to 

the following procedures: 

(1) Applications for deployment and 

operation of an on-ground spare NGSOlike satellite will be considered 

pursuant to the procedures set forth in 

§ 25.157, except as set forth in 

paragraph (g)(3) of this section. 

(2) Applications for deployment and 

operation of an on-ground spare GSOlike satellite will be considered 

pursuant to the procedures set forth in 

§ 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 § 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. 

■ 8. Amend § 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: 

§ 25.114 Applications for space station 

authorizations. 

(a)(1) A license application filed 

pursuant to § 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 

§ 25.110(b)(3), the filing pursuant to 

§ 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 

§ 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 § 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 § 25.208(c). 

(iv) Any information required by 

§§ 25.264(a)(6), 25.264(b)(4), or 

25.264(d). 

* * * * * 

■ 9. Amend § 25.115 as follows: 

■ a. Revise paragraphs (a)(2)(iii) through 

(vii); 

■ b. Remove paragraphs (a)(2)(viii) and 

(ix); 

■ c. Revise paragraph (c)(1); 

■ d. Remove from paragraph (c) the 

terms ‘‘CSAT’’ and ‘‘CSATs’’ wherever 

they appear; 

■ e. Revise paragraph (e), paragraph (g) 

introductory text, and paragraphs (g)(1) 

and (2); and 

■ f. Remove and reserve paragraph (h). 

§ 25.115 Application for earth station 

authorizations. 

(a) * * * 

(2) * * * 

(iii) The application meets all relevant 

routine licensing criteria in §§ 25.134, 

25.211, or 25.212 or includes 

information filed pursuant to paragraph 

(g)(1) of this section indicating that offaxis EIRP density from the proposed 

earth stations will not exceed relevant 

routine levels specified in §§ 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 § 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 

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65114 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

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 

§ 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 § 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° to plus 180°; 

(ii) A plot of maximum crosspolarized EIRP spectral density in the 

plane tangent to the GSO arc at off-axis 

angles from minus 10° to plus 10°; 

(iii) A plot of maximum co-polarized 

EIRP density in the plane perpendicular 

to the GSO arc at off-axis angles from 0° 

to plus 30°; 

(iv) A plot of maximum crosspolarized EIRP density in the plane 

tangent to the GSO arc at off-axis angles 

from minus 10° to plus 10°; 

(v) A plot of maximum crosspolarized EIRP density in the plane 

perpendicular to the GSO arc at off-axis 

angles from minus 10° to plus 10°; 

(vi) The relevant off-axis EIRP density 

envelopes in §§ 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 § 25.132(a)(1) that a 

proposed antenna’s measured gain 

pattern conforms to relevant standards 

in § 25.209(a) and (b) and that input 

power density to the antenna will not 

exceed a relevant limit in §§ 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. 

* * * * * 

■ 10. Amend § 25.117 by adding 

paragraph (h) to read as follows: 

§ 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). 

■ 11. Amend § 25.118 by revising 

paragraphs (a), (b), and (e) to read as 

follows: 

§ 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 § 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 

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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 § 25.148(c) after the 

relocation. 

■ 12. Amend § 25.129 by revising 

paragraph (c) to read as follows: 

§ 25.129 Equipment authorization for 

portable earth-station transceivers. 

* * * * * 

(c) In addition to the information 

required by §§ 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 

§§ 25.138, 25.202(d) and (f), and 25.216, 

must submit the statements required by 

§ 2.1093(c) of this chapter, and must 

demonstrate compliance with the 

labeling requirement in § 25.285(b). 

■ 13. Amend § 25.130 by revising 

paragraph (b), paragraph (g) 

introductory text, and the note to 

paragraph (g) to read as follows: 

§ 25.130 Filing requirements for 

transmitting earth stations. 

* * * * * 

(b) A frequency coordination analysis 

in accordance with § 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 § 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 § 25.213. Also, applications for 

transmitting earth stations must include 

any notification or demonstration 

required by any other relevant provision 

in § 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 §§ 25.115(c) or 25.218; 

applications for 20/30 GHz hub stations filed 

pursuant to § 25.115(e); applications for 

NGSO FSS gateway earth stations filed 

pursuant to § 25.115(f); applications filed 

pursuant to §§ 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 § 25.257. 

■ 14. Amend § 25.131 by revising 

paragraphs (b) and (j)(2) to read as 

follows: 

§ 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 coequally with the Fixed Service in 

accordance with the procedures of 

§§ 25.203 and 25.251, subject to the 

stricture in § 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. 

■ 15. Amend § 25.132 by revising the 

section heading and paragraphs (a) and 

(b) to read as follows: 

§ 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 FixedSatellite 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 § 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 § 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 § 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 mainlobe 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 

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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 

§ 25.209 must be superimposed on each 

measured pattern. 

* * * * * 

■ 16. Amend § 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: 

§ 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. 

* * * * * 

■ 17. Amend § 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: 

§ 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 

§ 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 § 25.132(a)(1) that 

the off-axis gain of transmitting 

antennas in the network will not exceed 

the relevant levels specified in 

§ 25.209(a) and (b); 

(ii) The input power of any fulltransponder 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 § 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 cofrequency transmission only in 

contention protocol operation. 

(2) The application is not subject to an 

exclusion in § 25.218(a)(1) or (2) and 

includes tables filed pursuant to 

§ 25.115(g)(1) indicating that off-axis 

EIRP density from the proposed earth 

stations will not exceed relevant routine 

levels specified in § 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 § 25.132(a)(1) that 

the off-axis gain of transmitting 

antennas in the network will not exceed 

the relevant levels specified in 

§ 25.209(a) and (b); 

(ii) The input power of any fulltransponder analog video transmission 

will not exceed the relevant limit in 

§ 25.211(d), and the bandwidth and 

input power density of any other type 

of analog transmission will not exceed 

the relevant limits in § 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 § 25.218(a)(1) or (2) and 

includes tables filed pursuant to 

§ 25.115(g)(1) indicating that off-axis 

EIRP density from the proposed earth 

stations will not exceed relevant routine 

levels specified in § 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 § 25.132(a)(1) that 

the off-axis gain of transmitting 

antennas in the network will not exceed 

the relevant levels specified in 

§ 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 § 25.115(g)(1) 

indicating that off-axis EIRP density 

from the proposed earth stations will 

not exceed relevant routine levels 

specified in § 25.138. 

* * * * * 

■ 18. Amend § 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: 

§ 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 §§ 25.115 and 

25.130 may be routinely processed: 

(1) The EIRP spectral density of copolarized signals in the plane tangent to 

the GSO arc, as defined in § 25.103, will 

not exceed the following values under 

clear sky conditions: 

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32.5-25log(q)-10log(N) ....................................................................................................................................... dBW/MHz for 2.0°≤q≤7°. 

11.35-10log(N) ................................................................................................................................................... dBW/MHz for 7°≤q≤9.23°. 

35.5-25log(q)-10log(N) ....................................................................................................................................... dBW/MHz for 9.23°≤q≤48°. 

3.5-10log(N) ....................................................................................................................................................... dBW/MHz for 48°<q≤180°. 

Where q 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 § 25.103, the 

EIRP density of co-polarized signals will 

not exceed the following values under 

clear sky conditions: 

35.5-25log(q)-10log(N) ....................................................................................................................................... dBW/MHz for 3.5°≤q≤7°. 

14.35-10log(N) ................................................................................................................................................... dBW/MHz for 7°<q≤9.23°. 

38.5-25log(q)-10log(N) ....................................................................................................................................... dBW/MHz for 9.23°<q≤48°. 

6.5-10log(N) ....................................................................................................................................................... dBW/MHz for 48°<q≤180°. 

Where: q 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 q >10°, over 10% of the 

range of theta (q) angles from 10–180° 

on each side of the line from the earth 

station to the target satellite. 

(4) The EIRP density of crosspolarized 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(q)-10log(N) ....................................................................................................................................... dBW/MHz for 2.0°<q≤7.0°. 

1.35-10log(N) ..................................................................................................................................................... dBW/MHz for 7.0°<q≤9.23°. 

Where q 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 § 25.220. 

* * * * * 

■ 19. Amend § 25.140 by revising 

paragraphs (a) and (b)(3) to read as 

follows: 

§ 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 § 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 § 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 cofrequency 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 § 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 

§§ 25.218 or 25.221(a) unless the nonconforming 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 §§ 25.218, 25.222, 25.226, 

or 25.227 unless the non-conforming 

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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 fluxdensity at the Earth’s surface in excess 

of ¥118 dBW/m2/MHz and that 

associated uplink operation will not 

exceed applicable EIRP density 

envelopes in § 25.138(a) unless the nonconforming 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. 

* * * * * 

§ 25.142 [Amended]. 

■ 20. Amend § 25.142 by removing 

paragraph (a)(5). 

■ 21. Amend § 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: 

§ 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. 

* * * * * 

■ 22. Amend § 25.145 by removing and 

reserving paragraph (f), removing 

paragraph (h), and revising the section 

heading and paragraph (e) to read as 

follows: 

§ 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. 

■ 23. Amend § 25.146 by removing 

paragraph (m) and.revising the second 

sentence in paragraph (a)(1) to read as 

follows: 

§ 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.’’ * * * 

* * * * * 

§ 25.147 [Removed and Reserved]. 

■ 24. Remove and reserve § 25.147. 

■ 25. Amend § 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: 

§ 25.151 Public notice. 

(a) * * * 

(1) The receipt of applications for new 

station authorizations, except 

applications for space station 

authorizations filed pursuant to 

§ 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 

§ 25.110(b)(3)(i). 

(10) Receipt of information filed 

pursuant to § 25.110(b)(3)(ii). 

* * * * * 

§ 25.152 [Removed and Reserved]. 

■ 26. Remove and reserve § 25.152. 

■ 27. Amend § 25.155 by removing from 

paragraph (a) the word ‘‘electrical’’ and 

revising paragraphs (b) and (c) to read 

as follows: 

§ 25.155 Mutually exclusive applications. 

* * * * * 

(b) A license application for NGSOlike satellite operation, as defined in 

§ 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 

§ 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. 

■ 28. Amend § 25.156 by removing and 

reserving paragraph (b) and revising 

paragraphs (d)(1) through (5) to read as 

follows: 

§ 25.156 Consideration of applications. 

* * * * * 

(d)(1) Applications for NGSO-like 

satellite operation will be considered 

pursuant to the procedures set forth in 

§ 25.157, except as provided in 

§ 25.157(b). 

(2) Applications for GSO-like satellite 

operation will be considered pursuant 

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to the procedures set forth in § 25.158, 

except as provided in § 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 §§ 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 GSOlike and NGSO-like licensees based on 

the proportion of qualified GSO-like and 

NGSO-like applicants. 

* * * * * 

■ 29. Amend § 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: 

§ 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 § 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. 

* * * * * 

■ 30. Amend § 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: 

§ 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 ‘‘GSOlike 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 § 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 § 25.151. 

(i) For applications filed pursuant to 

§ 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 § 25.110(b)(3)(ii), it will be 

reviewed to determine whether it is 

substantially complete within the 

meaning of § 25.112. If so, a second 

public notice will be issued pursuant to 

§ 25.151 to give interested parties an 

opportunity to file pleadings pursuant 

to § 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 § 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 § 25.155(c), the 

Commission will consider those 

applications pursuant to the following 

procedure: 

* * * * * 

■ 31. Amend § 25.163 by revising 

paragraph (a)(3) to read as follows: 

§ 25.163 Reinstatement. 

(a) * * * 

(3) The petition sets forth with 

specificity the procedures that have 

been established to ensure timely filings 

in the future. 

* * * * * 

■ 32. Amend § 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: 

§ 25.165 Surety bonds. 

(a) * * * 

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5The 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. 

(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 § 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 

§ 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 

§ 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. 

(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 

§ 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 § 25.110(b)(3) is dismissed 

and is not refiled prior to the two-year 

deadline in § 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 § 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 § 25.110(b)(3) is declared 

null and void for failure to meet a 

milestone requirement in § 25.164 and 

the milestone ruling is administratively 

final. 

■ 33. Amend § 25.202 by revising the 

table in paragraph (a)(1) and paragraph 

(g) to read as follows: 

§ 25.202 Frequencies, frequency tolerance, 

and emission limits. 

(a)(1) * * * 

Space-to-earth 

(GHz) 

Earth-to-space 

(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 

Space-to-earth 

(GHz) 

Earth-to-space 

(GHz) 

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 

1The 18.3–18.58 GHz band is shared coequally with existing terrestrial 

radiocommunication systems until November 

19, 2012. 2FSS 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. 4This band is primary for GSO FSS and 

secondary for NGSO FSS. 5This band is primary for NGSO FSS and 

secondary for GSO FSS. 6This band is primary for MSS feeder links 

and LMDS hub-to-subscriber transmission. 7This 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. 

■ 34. Amend § 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: 

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§ 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°15′ N. on the north, 

78°30′ W. on the east, 37°30′ N. on the 

south and 80°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 

§ 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/m2 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 nongeostationary Mobile-Satellite Service/

Radiodetermination-Satellite Service 

feeder-link earth station. 

* * * * * 

§ 25.204 [Amended]. 

■ 35. Amend § 25.204 by removing the 

last sentence from paragraph (e)(1). 

■ 36. Revise § 25.205 to read as follows: 

§ 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. 

■ 37. Amend § 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: 

§ 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 FixedSatellite 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 § 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: 

29-25log10q ........................................................................................................................................................ dBi for 1.5°≤q≤7°. 

8 ......................................................................................................................................................................... dBi for 7°<q≤9.2°. 

32-25log10q ........................................................................................................................................................ dBi for 9.2°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤180°. 

Where q 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 q angles from 

±7–180°. 

(2) In the plane tangent to the GSO 

arc, for earth stations operating in the 

conventional Ku-band: 

29-25log10q ........................................................................................................................................................ dBi for 1.5°≤q≤7°. 

8 ......................................................................................................................................................................... dBi for 7°<q≤9.2°. 

32-25log10q ........................................................................................................................................................ dBi for 9.2°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤85°. 

0 ......................................................................................................................................................................... dBi for 85°<q≤180°. 

Where q 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 q angles from ±7–180°. 

(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: 

29-25log10q ........................................................................................................................................................ dBi for 2°≤q≤7°. 

8 ......................................................................................................................................................................... dBi for 7°<q≤9.2°. 

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32-25log10q ........................................................................................................................................................ dBi for 9.2°<q≤48°. 

0 ......................................................................................................................................................................... dBi for 48°<q≤180°. 

Where q 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 q angles from ±7–180°. 

(4) In the plane perpendicular to the 

GSO arc, as defined in § 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: 

32-25log10q ........................................................................................................................................................ dBi for 3°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤180°. 

Where q 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 q angles from ±3–180°. 

(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: 

32-25log10q ........................................................................................................................................................ dBi for 3°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤85°. 

0 ......................................................................................................................................................................... dBi for 85°<q≤180°. 

Where q 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 q angles from ±3–180°. 

(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: 

32-25log10q ........................................................................................................................................................ dBi for 3.5°<q≤7°. 

10.9 .................................................................................................................................................................... dBi for 7°<q≤9.2°. 

35-25log10q ........................................................................................................................................................ dBi for 9.2°<q≤48°. 

3 ......................................................................................................................................................................... dBi for 48°<q≤180°. 

Where q 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 q angles from ±3–180°. 

(b) Except as provided in paragraph (f) 

of this section, the off-axis crosspolarization 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: 

19-25log10q ........................................................................................................................................................ dBi for 1.8°<q≤7°. 

¥2 ..................................................................................................................................................................... dBi for 7°<q≤9.2°. 

Where q 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: 

19-25log10q ........................................................................................................................................................ dBi for 3°<q≤7°. 

-2 ........................................................................................................................................................................ dBi for 7°<q≤9.2°. 

Where q 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: 

19–25log10q ........................................................................................................................................................ dBi for 2°<q≤7°. 

¥2 ..................................................................................................................................................................... dBi for 7°<q≤9.2°. 

Where q 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 

§ 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 receiveband gain patterns conforming to the 

levels specified in § 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 

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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 

§ 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(q) ...................................................................................................................................................... dBi for 1°≤q≤36°. 

-10 ...................................................................................................................................................................... dBi for 36°≤q≤180°. 

Where q 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 q angles from ±7–180°. 

■ 38. Amend § 25.210 by removing and 

reserving paragraph (a) and revising 

paragraph (i) to read as follows: 

§ 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 crosspolarization isolation such that the ratio 

of the on axis co-polar gain to the crosspolar gain of the antenna in the assigned 

frequency band shall be at least 25 dB 

within its primary coverage area. 

* * * * * 

■ 39. Amend § 25.211 by removing and 

reserving paragraph (a) and revising 

paragraphs (b) and (e) to read as follows: 

§ 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 

§ 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 § 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 

§ 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 § 25.220. 

■ 40. Amend § 25.212 by revising 

paragraph (c)(1) and paragraphs (d) and 

(e), and adding paragraph (g) to read as 

follows: 

§ 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 §§ 25.134, 

25.222, 25.226, or § 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 § 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 § 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 § 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, 

§§ 25.211, or 25.218 are subject to the 

requirements in § 25.220. 

* * * * * 

(g) An earth station not subject to 

network licensing under § 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 § 25.132(a)(1) 

of conformance with the antenna gain 

performance requirements in § 25.209(a) 

and (b). 

■ 41. Revise § 25.218 to read as follows: 

§ 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 

§ 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 § 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 § 25.103: 

29.5-10log10(N)–25log10q ................................................................................................................................... dBW/4 kHz for 1.5°≤q≤7° 

8.5-10log10(N) .................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2° 

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32.5-10log10(N)-25log10q .................................................................................................................................... dBW/4 kHz for 9.2°<q≤48° 

-9.5-10log10(N) ................................................................................................................................................... dBW/4 kHz for 48°<q≤180° 

Where q 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 q>7° may be 

exceeded by up to 3 dB in up to 10% 

of the range of theta (q) angles from ±7– 

180°. 

(2) In the plane perpendicular to the 

GSO arc, as defined in § 25.103: 

32.5-10log10(N)-25log10q .................................................................................................................................... dBW/4 kHz for 3°≤q≤48° 

-9.5-10log10(N) ................................................................................................................................................... dBW/4 kHz for 48°<q≤180° 

Where q 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 q 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)-25log10q .................................................................................................................................... dBW/4 kHz for 1.5°≤q≤7° 

5.3-10log10(N) .................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2° 

29.3-10log10(N)-25log10q .................................................................................................................................... dBW/4 kHz for 9.2°<q≤48° 

-12.7-10log10(N) ................................................................................................................................................. dBW/4 kHz for 48°<q≤180° 

Where q is as defined in paragraph (c)(1) 

of this section, and N is defined below. 

The EIRP density levels specified for q 

>7° may be exceeded by up to 3 dB in 

up to 10% of the range of theta (q) 

angles from ±7–180°. 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)-25log10q .................................................................................................................................... dBW/4 kHz for 3°≤q≤48° 

-12.7-10log10(N) ................................................................................................................................................. dBW/4 kHz for 48°<q≤180° 

Where q 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 q 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)-25log10q ....................................................................................................................................... dBW/4 kHz for 1.5°≤q≤7°. 

0-10log10(N) ....................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

24-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 9.2°<q≤48°. 

-18-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-8-10log10(N) ...................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where q is as defined in paragraph (c)(1) 

of this section. The EIRP density levels 

specified for q>7° may be exceeded by 

up to 3 dB in up to 10% of the range 

of theta (q) angles from ±7–180°. 

(2) In the plane perpendicular to the 

GSO arc: 

24-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 3°≤q≤48°. 

-18-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-8-10log10(N) ...................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

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Where q 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 q 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)-25log10q ....................................................................................................................................... dBW/4 kHz for 1.5°≤q≤7°. -6-10log10(N) ...................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

18-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 9.2°<q≤48°. 

-24-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-14-10log10(N) .................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where q 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 q>7° 

may be exceeded by up to 3 dB in up 

to 10% of the range of theta (q) angles 

from ±7–180°. 

(2) In the plane perpendicular to the 

GSO arc: 

18-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 3°≤q≤48°. 

-24-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. -14–10log10(N) ................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where q 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 q 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)-25log10q ....................................................................................................................................... dBW/4 kHz for 1.5°≤q≤7°. 

0-10log10(N) ....................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

24-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 9.2°<q≤48°. 

-18-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤180°. 

Where q 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 q >7° 

may be exceeded by up to 3 dB in up 

to 10% of the range of theta (q) angles 

from ±7–180°. 

(2) In the plane perpendicular to the 

GSO arc: 

24-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 3°≤q≤48°. 

-18-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤180°. 

Where q 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 q 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)-25log10q ....................................................................................................................................... dBW/4 kHz for 1.5°≤q≤7°. 

-6-10log10(N) ...................................................................................................................................................... dBW/4 kHz for 7° <q≤9.2°. 

18-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 9.2°<q≤48°. -24-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤180°. 

Where q 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 q >7° 

may be exceeded by up to 3 dB in up 

to 10% of the range of theta (q) angles 

from ±7–180°. 

(2) In the plane perpendicular to the 

GSO arc: 

18-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 3°≤q≤48°. 

-24-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

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Where q 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 q 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. 

■ 42. Amend § 25.220 by revising 

paragraphs (a) and (b), removing and 

reserving paragraph (d)(1)(i), and 

revising paragraph (d)(2) to read as 

follows: 

§ 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 §§ 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 

§ 25.227(a)(1) or (3). 

(b) Applications filed pursuant to this 

section must include the information 

required by § 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-degreecompliant 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 cofrequency space station is adversely 

affected by the non-conforming earth 

station operation, unless the nonconforming operation is permitted 

under a coordination agreement with 

the operator of the co-frequency 

satellite. 

* * * * * 

■ 43. Amend § 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: 

§ 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 § 25.103, shall not 

exceed the following values: 

26.3-10log(N)-25logq ......................................................................................................................................... dBW/4 kHz for 1.5° ≤q≤7°. 

5.3-10log(N) ....................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

29.3-10log(N)-25logq ......................................................................................................................................... dBW/4 kHz for 9.2°<q≤48°. 

-12.7-10log(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤180°. 

Where theta (q) 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 q > 7° may 

be exceeded by up to 3 dB in up to 10% 

of the range of theta (q) angles from ±7– 

180°. 

(B) In the plane perpendicular to the 

GSO arc, as defined in § 25.103, EIRP 

spectral density of co-polarized signals 

shall not exceed the following values: 

29.3-10log(N)-25logq ......................................................................................................................................... dBW/4 kHz for 3.0°≤q≤48°. 

-12.7-10log(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤180°. 

Where q 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 q 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)-25logq ......................................................................................................................................... dBW/4 kHz for 1.8°≤q≤7.0°. 

-4.7-10log(N) ...................................................................................................................................................... dBW/4 kHz for 7.0°<q≤9.2°. 

Where q 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 

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the specified off-axis EIRP spectraldensity criteria. 

* * * * * 

(2) The following requirements apply 

to ESV systems that operate with offaxis 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 simultaneouslytransmitting 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 cofrequency 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 selfmonitoring 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 FixedSatellite 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 

§ 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 § 25.115(g)(1): 

(ii) The certifications required by 

§ 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 § 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 § 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 § 25.204(h). 

* * * * * 

■ 44. Amend § 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: 

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65128 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

§ 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-tospace) 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 § 25.103, shall not 

exceed the following values: 

15-10log(N)-25logq ............................................................................................................................................ dBW/4 kHz for 1.5°≤q≤7°. 

-6-10log(N) ......................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

18-10log(N)-25logq ............................................................................................................................................ dBW/4 kHz for 9.2°<q≤48°. 

-24-10log(N) ....................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-14-10log(N) ....................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where theta (q) 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 q > 7° may 

be exceeded by up to 3 dB in up to 10% 

of the range of theta (q) angles from ±7– 

180°. 

(B) The off-axis EIRP density of copolarized signals shall not exceed the 

following values in the plane 

perpendicular to the GSO arc, as 

defined in § 25.103: 

18-10log(N)-25logq ............................................................................................................................................ dBW/4 kHz for 3.0°≤q≤48°. 

-24-10log(N) ....................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-14-10log(N) ....................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where q 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 q 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 crosspolarized 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)-25logq .............................................................................................................................................. dBW/4 kHz for 1.8°≤q≤7.0°. 

-16-10log(N) ....................................................................................................................................................... dBW/4 kHz for 7.0°<q≤9.2°. 

Where q 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 offaxis 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 simultaneouslytransmitting 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 cofrequency 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 selfmonitoring 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 

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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 

§ 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 § 25.115(g)(1); 

(ii) The certifications required by 

§ 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 § 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. 

* * * * * 

■ 45. Amend § 25.223 by revising 

paragraphs (b), (c), and (d) to read as 

follows: 

§ 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 § 25.103, under clear 

sky conditions: 

32.5-25log(q) ...................................................................................................................................................... dBW/MHz for 2°≤q≤7°. 

11.4 .................................................................................................................................................................... dBW/MHz for 7°≤q≤9.2°. 

35.5-25log(q) ...................................................................................................................................................... dBW/MHz for 9.2°≤q≤48°. 

3.5 ...................................................................................................................................................................... dBW/MHz for 48°≤q≤180°. 

Where q 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 § 25.103: 

35.-25log(q) ........................................................................................................................................................ dBW/MHz for 2°≤q≤7°. 

14.4 .................................................................................................................................................................... dBW/MHz for 7°≤q≤9.2°. 

38.5-25log(q) ...................................................................................................................................................... dBW/MHz for 9.2°≤q≤48°. 

6.5 ...................................................................................................................................................................... dBW/MHz for 48°≤q≤180° 

Where q 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 q>10°, in 10% of the range 

of theta (q) angles from 10°–180° on 

each side of the line from the earth 

station to the target satellite. 

(4) The EIRP density of crosspolarized signals shall not exceed the 

following values in the plane tangent to 

the GSO arc or in the plane 

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65130 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

perpendicular to the GSO arc, under 

clear sky conditions: 

22.5-25log(q) ...................................................................................................................................................... dBW/MHz for 2°≤q≤7°. 

1.4 ...................................................................................................................................................................... dBW/MHz for 7°≤q≤9.2°. 

Where q 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° 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° 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 cofrequency 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 cofrequency 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 nonconforming operation. If no agreement is 

reached, the earth station operator must 

reduce EIRP density toward that cofrequency 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 cofrequency space station’s reception of 

conforming uplink transmissions is 

adversely affected by the nonconforming earth station operation, 

unless the non-conforming operation is 

permitted under a coordination 

agreement with the operator of the cofrequency space station. 

* * * * * 

■ 46. Amend § 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: 

§ 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 (spaceto-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 § 25.103, shall not 

exceed the following values: 

15-10log(N)-25logq ............................................................................................................................................ dBW/4 kHz for 1.5°≤q≤7°. 

-6-10log(N) ......................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

18-10log(N)-25logq ............................................................................................................................................ dBW/4 kHz for 9.2°<q≤48°. 

-24-10log(N) ....................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-14-10log(N) ....................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where theta (q) 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 q>7° may be 

exceeded by up to 3 dB in up to 10% 

of the range of theta (q) angles from ±7– 

180°. 

(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 § 25.103: 

18-10log(N)-25logq ............................................................................................................................................ dBW/4 kHz for 3.0°≤q≤48°. 

-24-10log(N) ....................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-14-10log(N) ....................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where q 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 q angles not 

included in that region, on each side of 

the line from the earth station to the 

target satellite. 

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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 65131 

(C) The EIRP density of crosspolarized 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)-25logq .............................................................................................................................................. dBW/4 kHz for 1.8°≤q≤7.0°. 

-16-10log(N) ....................................................................................................................................................... dBW/4 kHz for 7.0°<q≤9.2°. 

Where q 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 offaxis 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 simultaneouslytransmitting 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 cofrequency 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 offaxis 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 FixedSatellite 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 

§ 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 § 25.115(g)(1); 

(ii) The certifications required by 

§ 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 § 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 

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system’s network control and 

monitoring center; that if simultaneous 

operation of two or more transmitters in 

the VMES network causes aggregate offaxis 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. 

* * * * * 

■ 47. Amend § 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: 

* * * * * 

§ 25.227 Blanket licensing provisions for 

Earth Stations Aboard Aircraft (ESAAs) 

receiving in the 10.95–11.2 GHz (space-toEarth), 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 FixedSatellite Service. 

(a) * * * 

(1) * * * 

(i) * * * 

(A) EIRP spectral density emitted in 

the plane tangent to the GSO arc, as 

defined in § 25.103, must not exceed the 

following values: 

15-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 1.5°≤q≤7°. 

-6-10log10(N) ...................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

18-10log10(N)-25log10q ....................................................................................................................................... dBW/4 kHz for 9.2°<q≤48°. 

-24-10log10(N) .................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-14-10log10(N) .................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where theta (q) 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 q>7° may be 

exceeded by up to 3 dB in up to 10% 

of the range of theta (q) angles from ±7– 

180°. 

(B) The EIRP spectral density of copolarized signals must not exceed the 

following values in the plane 

perpendicular to the GSO arc, as 

defined in § 25.103: 

18-10log(N)-25logq ............................................................................................................................................ dBW/4 kHz for 3.0°≤q≤ 48°. 

-24-10log(N) ....................................................................................................................................................... dBW/4 kHz for 48°<q≤85°. 

-14-10log(N) ....................................................................................................................................................... dBW/4 kHz for 85°<q≤180°. 

Where q 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 q 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)-25log10q ......................................................................................................................................... dBW/4 kHz for 1.8°<q≤7°. 

-16-10log10(N) .................................................................................................................................................... dBW/4 kHz for 7°<q≤9.2°. 

Where q 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 offaxis 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 simultaneouslytransmitting 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. 

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(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 FixedSatellite 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 

§ 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 § 25.115(g)(1); 

(ii) The certifications required by 

§ 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 § 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 offaxis 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. 

* * * * * 

■ 48. Amend § 25.258 by revising the 

section heading and the first sentence in 

paragraph (b) to read as follows: 

§ 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. * * * 

■ 49. Amend § 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: 

§ 25.264 Requirements to facilitate 

reverse-band operation in the 17.3–17.8 

GHz band of 17/24 GHz BroadcastingSatellite 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. 

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(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/m2/100 kHz at those 

prior-filed U.S. DBS space station 

locations. 

(3) If the calculated pfd exceeds the 

threshold level of ¥117 dBW/m2/100 

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/m2/100 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. * * * 

* * * * * 

■ 50. Amend § 25.275 by adding 

paragraph (e) to read as follows: 

§ 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. 

■ 51. Add § 25.288 to read as follows: 

§ 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 

■ 1. Amend § 25.164 by revising 

paragraphs (a) and (b), removing and 

reserving paragraph (c), and revising 

paragraph (d) to read as follows: 

§ 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 

■ 2. Amend § 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: 

§ 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 

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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 § 25.121(d) that 

the space station(s) in question, has, or 

have, been launched and placed in the 

authorized orbital location or nongeostationary 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. 

* * * * * 

■ 3. Amend § 25.165 by revising the 

section heading and paragraph (d) to 

read as follows: 

§ 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 § 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 § 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 

§ 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 § 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 

■ 1. Amend § 25.140 by revising 

paragraphs (a) and (b)(3) to read as 

follows: 

§ 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 § 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 § 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 cofrequency 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 § 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 

§ 25.218 or § 25.221(a) unless the nonconforming 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 §§ 25.218, 25.222, 25.226, 

or § 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 fluxdensity at the Earth’s surface in excess 

of ¥118 dBW/m2/MHz and that 

associated uplink operation will not 

exceed applicable EIRP density 

envelopes in § 25.138(a) unless the nonconforming 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. 

* * * * * 

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65136 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 

■ 2. Amend § 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: 

§ 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 FixedSatellite 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 § 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: 

29-25log10q ........................................................................................................................................................ dBi for 1.5°≤q≤7°. 

8 ......................................................................................................................................................................... dBi for 7°<q≤9.2°. 

32-25log10q. ....................................................................................................................................................... dBi for 9.2°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤180°. 

Where q 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 q angles from 

±7–180°. 

(2) In the plane tangent to the GSO 

arc, for earth stations operating in the 

conventional Ku-band: 

29-25log10q ........................................................................................................................................................ dBi for 1.5°≤q≤7°. 

8 ......................................................................................................................................................................... dBi for 7°<q≤9.2°. 

32-25log10q ........................................................................................................................................................ dBi for 9.2°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤85°. 

0 ......................................................................................................................................................................... dBi for 85°<q≤180°. 

Where q 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 q angles from ±7–180°. 

(3) In the plane tangent to the GSO 

arc, for earth stations operating in the 

28.35–30 GHz band: 

29-25log10q ........................................................................................................................................................ dBi for 2°≤q≤7°. 

8 ......................................................................................................................................................................... dBi for 7°<q≤9.2°. 

32-25log10q ........................................................................................................................................................ dBi for 9.2°<q≤48°. 

0 ......................................................................................................................................................................... dBi for 48°<q≤180°. 

Where q 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 q angles from ±7–180°. 

(4) In the plane perpendicular to the 

GSO arc, as defined in § 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: 

32-25log10q ........................................................................................................................................................ dBi for 3°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤180°. 

Where q 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 q angles from ±3–180°. 

(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: 

32-25log10q ........................................................................................................................................................ dBi for 3°<q≤48°. 

-10 ...................................................................................................................................................................... dBi for 48°<q≤85°. 

0 ......................................................................................................................................................................... dBi for 85°<q≤180°. 

Where q 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 q angles from ±3–180°. 

(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: 

32-25log10q ........................................................................................................................................................ dBi for 3.5°<q≤7°. 

10.9 .................................................................................................................................................................... dBi for 7°<q≤9.2°. 

35-25log10q ........................................................................................................................................................ dBi for 9.2°<q≤48°. 

3 ......................................................................................................................................................................... dBi for 48°<q≤180°. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Proposed Rules 65137 

Where q 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 q angles from ±3–180°. 

(b) Except as provided in paragraph (f) 

of this section, the off-axis crosspolarization 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: 

19-25log10q ........................................................................................................................................................ dBi for 1.8°<q≤7°. 

-2 ........................................................................................................................................................................ dBi for 7°<q≤9.2°. 

Where q 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: 

19-25log10q ........................................................................................................................................................ dBi for 3°<q≤7°. 

-2 ........................................................................................................................................................................ dBi for 7°<q≤9.2°. 

Where q 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: 

19-25log10q ........................................................................................................................................................ dBi for 2°<q≤7°. 

-2 ........................................................................................................................................................................ dBi for 7°<q≤9.2°. 

Where q 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 receiveband 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 

§ 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(q) ...................................................................................................................................................... dBi for 1°≤q≤36°. 

-10 ...................................................................................................................................................................... dBi for 36°≤q≤180°. 

Where q 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 q angles from ±7–180°. 

■ 3. Amend § 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: 

§ 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 §§ 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 

§ 25.227(a)(1) or (3). 

(b) Applications filed pursuant to this 

section must include the information 

required by § 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 

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