Sec.  25.144   Licensing provisions for the 2.3 GHz satellite digital audio radio
service.

   (a) Qualification Requirements:

   (1) [Reserved]

   (2) General Requirements: Each application for a system authorization in the
   satellite digital audio radio service in the 2310–2360 MHz band shall
   describe in detail the proposed satellite digital audio radio system,
   setting forth all pertinent technical and operational aspects of the system,
   and the technical, legal, and financial qualifications of the applicant. In
   particular, applicants must file information demonstrating compliance with
    Sec. 25.114 and all of the requirements of this section.

   (3) Technical Qualifications: In addition to the information specified in
   paragraph (a)(1) of this section, each applicant shall:

   (i) Demonstrate that its system will, at a minimum, service the 48
   contiguous states of the United States (full CONUS);

   (ii) Certify that its satellite DARS system includes a receiver that will
   permit end users to access all licensed satellite DARS systems that are
   operational or under construction; and

   (iii) Identify the compression rate it will use to transmit audio
   programming. If applicable, the applicant shall identify the compression
   rate it will use to transmit services that are ancillary to satellite DARS.

   (b) Milestone requirements. Each applicant for system authorization in the
   satellite digital audio radio service must demonstrate within 10 days after
   a required implementation milestone as specified in the system
   authorization, and on the basis of the documentation contained in its
   application, certify to the Commission by affidavit that the milestone has
   been met or notify the Commission by letter that it has not been met. At its
   discretion, the Commission may require the submission of additional
   information (supported by affidavit of a person or persons with knowledge
   thereof) to demonstrate that the milestone has been met. The satellite DARS
   milestones are as follows, based on the date of authorization:

   (1) One year: Complete contracting for construction of first space station
   or begin space station construction;

   (2) Two years: If applied for, complete contracting for construction of
   second space station or begin second space station construction;

   (3) Four years: In orbit operation of at least one space station; and

   (4) Six years: Full operation of the satellite system.

   (c) Reporting requirements. All licensees of satellite digital audio radio
   service systems shall, on June 30 of each year, file a report with the
   International Bureau and the Commission's Laurel, Maryland field office
   containing the following information:

   (1) Status of space station construction and anticipated launch date,
   including any major problems or delay encountered;

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

   (3) Identification of any space station(s) 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) The license term for each digital audio radio service satellite shall
   commence when the satellite is launched and put into operation and the term
   will run for eight years.

   [ 62 FR 11105 , Mar. 11, 1997, as amended at  68 FR 51504 , Aug. 27, 2003;  70 FR 32254 , June 2, 2005]