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

   (a) Space station application requirements. (1) Each application for a space
   station system authorization in the non-voice, non-geostationary
   mobile-satellite service shall describe in detail the proposed non-voice,
   non-geostationary mobile-satellite system, setting forth all pertinent
   technical and operational aspects of the system, and the technical and legal
   qualifications of the applicant. In particular, each application shall
   include the information specified in  Sec. 25.114. Applicants must also file
   information demonstrating compliance with all requirements of this section,
   and showing, based on existing system information publicly available at the
   Commission at the time of filing, that they will not cause unacceptable
   interference to any non-voice, non-geostationary mobile-satellite service
   system authorized to construct or operate.

   (2) Applicants for a non-voice, non-geostationary mobile-satellite must
   identify the power flux density produced at the Earth's surface by each
   space station of their system in the frequency bands 137–138 MHz and
   400.15–401 MHz, to allow determination of whether coordination with
   terrestrial services is required under international footnotes 599A and 647B
   of  Sec. 2.106 of the Commission's Rules. In addition, applicants must identify
   the measures they would employ to protect the radio astronomy service in the
   150.05–153 MHz and 406.1–410 MHz bands from harmful interference from
   unwanted emissions.

   (3) Emission limitations. (i) Applicants in the non-voice, non-geostationary
   mobile-satellite service shall show that their space stations will not
   exceed the emission limitations of  Sec. 25.202(f) (1), (2) and (3), as
   calculated for a fixed point on the Earth's surface in the plane of the
   space station's orbit, considering the worst-case frequency tolerance of all
   frequency determining components, and maximum positive and negative Doppler
   shift of both the uplink and downlink signals, taking into account the
   system design.

   (ii) Applicants in the non-voice, non-geostationary mobile-satellite service
   shall show that no signal received by their satellites from sources outside
   of their system shall be retransmitted with a power flux density level, in
   the worst 4 kHz, higher than the level described by the applicants in
   paragraph (a)(2) of this section.

   (4) [Reserved]

   (5) Replacement of space stations within the system license term. The
   licensee need not file separate applications to construct, launch and
   operate technically identical replacement satellites within the term of the
   system authorization. However, the licensee shall certify to the Commission,
   at least thirty days prior to launch of such replacement(s) that:

   (i) The licensee intends to launch a space station that is technically
   identical to those authorized in its system license, and

   (ii) Launch of this space station will not cause the licensee to exceed the
   total number of operating space stations authorized by the Commission.

   (b) Operating conditions. In order to ensure compatible operations with
   authorized users in the frequency bands to be utilized for operations in the
   non-voice, non-geostationary mobile-satellite service, non-voice,
   non-geostationary mobile-satellite service systems must operate in
   accordance with the conditions specified in this section.

   (1) Service limitation. Voice services may not be provided.

   (2) Coordination requirements with Federal government users.

   (i) The frequency bands allocated for use by the non-voice,
   non-geostationary mobile-satellite service are also authorized for use by
   agencies of the Federal government. The Federal use of frequencies in the
   non-voice, non-geostationary mobile-satellite service frequency bands is
   under the regulatory jurisdiction of the National Telecommunications and
   Information Administration (NTIA).

   (ii) The Commission will use its existing procedures for liaison with NTIA
   to reach agreement with respect to achieving compatible operations between
   Federal government users under the jurisdiction of NTIA and non-voice,
   non-geostationary mobile-satellite service systems (including user
   transceivers subject to blanket licensing under  Sec. 25.115(d)) through the
   frequency assignment and coordination practices established by NTIA and the
   Interdepartment Radio Advisory Committee (IRAC). In order to facilitate such
   frequency assignment and coordination, applicants shall provide the
   Commission with sufficient information to evaluate electromagnetic
   compatibility with the Federal government use of the spectrum, and any
   additional information requested by the Commission. As part of the
   coordination process, applicants shall show that they will not cause
   unacceptable interference to authorized Federal government users, based upon
   existing system information provided by the Government. The frequency
   assignment and coordination of the satellite system with Federal government
   users shall be completed prior to grant of construction authorization.

   (iii) The Commission shall also coordinate with NTIA/IRAC with regard to the
   frequencies to be shared by those earth stations of non-voice,
   non-geostationary mobile-satellite service systems that are not subject to
   blanket licensing under  Sec. 25.115(d), and authorized Federal government
   stations in the fixed and mobile services, through the exchange of
   appropriate systems information.

   (3) Coordination among non-voice, non-geostationary mobile-satellite service
   systems. Applicants for authority to establish non-voice, non-geostationary
   mobile-satellite service systems are encouraged to coordinate their proposed
   frequency usage with existing permittees and licensees in the non-voice,
   non-geostationary mobile-satellite service whose facilities could be
   affected by the new proposal in terms of frequency interference or
   restricted system capacity. All affected applicants, permittees, and
   licensees shall, at the direction of the Commission, cooperate fully and
   make every reasonable effort to resolve technical problems and conflicts
   that may inhibit effective and efficient use of the radio spectrum; however,
   the permittee or licensee being coordinated with is not obligated to suggest
   changes or re-engineer an applicant's proposal in cases involving conflicts.

   (4) Safety and distress communications. Stations operating in the non-voice,
   non-geostationary mobile-satellite service that are used to comply with any
   statutory or regulatory equipment carriage requirements may also be subject
   to the provisions of sections 321(b) and 359 of the Communications Act of
   1934, as amended. Licensees are advised that these provisions give priority
   to radio communications or signals relating to ships in distress and
   prohibit a charge for the transmission of maritime distress calls and
   related traffic.

   (c) Reporting requirements. All operators of non-voice, non-geostationary
   mobile-satellite service systems shall, on June 30 of each year, file a
   report with the International Bureau and the Commission's Columbia
   Operations Center in Columbia, Maryland, containing the following
   information current as of May 31st of that year:

   (1) A listing of any non-scheduled space station outages for more than
   thirty minutes and the cause(s) of such outages;

   (2) A detailed description of the utilization made of the in-orbit satellite
   system. That description should identify the percentage of time that the
   system is actually used for domestic transmission, the amount of capacity
   (if any) sold but not in service, and the amount of unused system capacity;
   and

   (3) Identification of any space stations not available for service or
   otherwise not performing to specifications, the cause(s) of these
   difficulties, and the date any space station was taken out of service or the
   malfunction identified.

   (d) Prohibition of certain agreements. No license shall be granted to any
   applicant for a non-voice, non-geostationary mobile-satellite service system
   if that applicant, or any 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 in the non-voice,
   non-geosynchronous mobile-satellite service, 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.

   (e) Spectrum priority. (1) The non-voice, non-geosynchronous
   mobile-satellite service system that is authorized in the second application
   processing round to operate in the 148–148.25 MHz, 148.75–148.855 MHz,
   148.905–149.81 MHz and 150–150.05 MHz uplink frequency bands and the
   400.505–400.5517 MHz, 400.5983–400.645 MHz, 137.025–137.175 MHz,
   137.333–137.4125 MHz, 137.475–137.525 MHz, 137.595–137.645 MHz,
   137.753–137.787 MHz and 137.825–138 MHz downlink frequency bands (the
   “System 2 licensee”) will have a first priority to apply for and use a
   limited amount of downlink spectrum duly allocated worldwide and
   domestically to the non-voice, non-geosynchronous mobile-satellite service
   by the ITU, at WRC–97 or a subsequent World Radiocommunication Conference,
   and by the Commission, respectively (the “Future Spectrum”). The System 2
   licensee will be eligible to apply for and use the first 210 kHz of Future
   Spectrum plus spectrum sufficient to account for Doppler frequency shift in
   the Future Spectrum (the “Supplemental Spectrum”) to implement its
   non-voice, non-geosynchronous mobile-satellite service system. The System 2
   licensee's application for and use of the Supplemental Spectrum is subject
   to the Commission's Rules and policies, such reasonable operating conditions
   as may be imposed by the Commission, and international spectrum coordination
   requirements. For so long as the System 2 licensee is permitted by the
   Government of France to operate in the 400.5517–400.5983 MHz band
   coordinated with the French system S80–1, the Supplemental Spectrum shall be
   reduced to an amount equivalent to 150 kHz of Future Spectrum plus spectrum
   sufficient to account for Doppler frequency shift in the Future Spectrum.

   (2) The System 2 licensee's priority to apply for and use the Supplemental
   Spectrum is conditioned on the System 2 licensee's compliance with the terms
   and conditions of its second processing round authorization, including, but
   not limited to, its system construction, launch and operation milestones,
   and any modifications thereto, and the Commission's Rules. The System 2
   licensee's priority to apply for and use the Supplemental Spectrum shall
   automatically terminate upon the occurrence of any of the following events:

   (i) The System 2 licensee being permitted to operate in the Supplemental
   Spectrum;

   (ii) The expiration or revocation of the System 2 licensee's second
   processing round authorization;

   (iii) The discontinuance of use of the spectrum assigned to the System 2
   licensee under its second processing round authorization; or

   (iv) The surrender of the System 2 licensee's second processing round
   authorization to the Commission.

   [ 58 FR 68060 , Dec. 23, 1993, as amended at  62 FR 5930 , Feb. 10, 1997;  62 FR 59295 , Nov. 3, 1997;  68 FR 51504 , Aug. 27, 2003]