Sec.  25.145   Licensing conditions for the Fixed-Satellite Service in the 20/30
GHz bands.

   (a) Except as provided in  Sec. 25.210(b), in general all rules contained in this
   part apply to Fixed-Satellite Service in the 20/30 GHz bands.

   (b) System License. Applicants authorized to construct and launch a system
   of technically identical non-geostationary satellite orbit satellites will
   be awarded a single “blanket” license covering a specified number of space
   stations to operate in a specified number of orbital planes.

   (c) In addition to providing the information specified in  Sec. 25.114, each
   non-geostationary satellite orbit applicant shall demonstrate the following:

   (1) That the proposed system be capable of providing fixed-satellite
   services to all locations as far north as 70 deg. latitude and as far south
   as 55 deg. latitude for at least 75% of every 24-hour period; and

   (2) That the proposed system is capable of providing fixed-satellite
   services on a continuous basis throughout the fifty states, Puerto Rico and
   the U.S. Virgin Islands, U.S.

   (3) A description of the design and operational strategies that it will use,
   if any, to mitigate orbital debris. Each applicant must submit a casualty
   risk assessment if planned post-mission disposal involves atmospheric
   re-entry of the spacecraft.

   (d) [Reserved]

   (e) Prohibition of certain agreements. No license shall be granted to any
   applicant for a space station in the fixed-satellite service operating in
   the 20/30 GHz band 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 possession, 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.

   (f)(1) Reporting Requirements. All licensees in the 20/30 GHz band shall, on
   June 30 of each year, file a report with the International Bureau and the
   Commission's Columbia Operations Center, 9200 Farm House Lane, Columbia, MD
   21046 containing the following information:

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

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

   (iii) 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.

   (iv) All operators of NGSO FSS systems in the 18.8–19.3 GHz and 28.6–29.1
   GHz bands shall, within 10 days after a required implementation milestone as
   specified in the system authorization 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
   person with knowledge thereof) to demonstrate that the milestone has been
   met. Failure to file a timely certification of milestones, or filing
   disclosure of non-compliance, will result in automatic cancellation of the
   authorization with no further action required on the Commission's part.

   (2) Licensees shall submit to the Commission a yearly report indicating the
   number of earth stations actually brought into service under its blanket
   licensing authority. The annual report is due to the Commission no later
   than the first day of April of each year and shall indicate the deployment
   figures for the preceding calendar year.

   (g) Policy governing the relocation of terrestrial services from the 18.3 to
   19.3 GHz band. Frequencies in the 18.3–19.3 GHz band listed in parts 21, 74,
   78, and 101 of this chapter have been reallocated for primary use by the
   Fixed-Satellite Service, subject to various provisions for the existing
   terrestrial licenses. Fixed-Satellite Service operations are not entitled to
   protection from the co-primary operations until after the period during
   which terrestrial stations remain co-primary has expired. (see  Sec.  Sec. 21.901(e),
   74.502(c), 74.602(g), 78.18(a)(4), and 101.147(r) of this chapter).

   (h) Replacement of Space Stations within the System License Term. Licensees
   of NGSO FSS systems in the 18.8–19.3 GHz and 28.6–29.1 GHz frequency bands
   authorized through a blanket license pursuant to paragraph (b) of this
   section need not file separate applications to 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:

   (1) The licensee intends to launch a space station into the
   previously-authorized orbit that is technically identical to those
   authorized in its system authorization and

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

   (i) In-Orbit Spares. Licensees need not file separate applications to
   operate technically identical in-orbit spares authorized as part of the
   blanket license pursuant to paragraph (b) of this section. However, the
   licensee shall certify to the Commission, within 10 days of bringing the
   in-orbit spare into operation, that operation of this space station did not
   cause the licensee to exceed the total number of operating space stations
   authorized by the Commission.

   [ 62 FR 61456 , Nov. 18, 1997, as amended at  65 FR 54171 , Sept. 7, 2000;  66 FR 63515 , Dec. 7, 2001;  67 FR 39310 , June 7, 2002;  68 FR 16966 , Apr. 8, 2003;
    68 FR 51505 , Aug. 27, 2003;  68 FR 59129 , Oct. 14, 2003]