Sec.  25.149   Application requirements for ancillary terrestrial components in the
mobile-satellite service networks operating in the 1.5./1.6 GHz, 1.6/2.4 GHz
and 2 GHz mobile-satellite service.

   (a) Applicants for ancillary terrestrial component authority shall
   demonstrate that the applicant does or will comply with the following
   through certification or explanatory technical exhibit, as appropriate:

   (1) ATC shall be deployed in the forward-band mode of operation whereby the
   ATC mobile terminals transmit in the MSS uplink bands and the ATC base
   stations transmit in the MSS downlink bands in portions of the 2000–2020
   MHz/2180–2200 MHz bands (2 GHz band), the 1626.5–1660.5 MHz/1525–1559 MHz
   bands (L-band), and the 1610–1626.5 MHz/2483.5–2500 MHz bands (Big LEO
   band).

   Note to paragraph (a)(1): An L-band MSS licensee is permitted to apply for
   ATC authorization based on a non-forward-band mode of operation provided it
   is able to demonstrate that the use of a non-forward-band mode of operation
   would produce no greater potential interference than that produced as a
   result of implementing the rules of this section.

   (2) ATC operations shall be limited to certain frequencies:

   (i) In the 2000–2020 MHz/2180–2200 MHz bands (2 GHz MSS band), ATC
   operations are limited to the selected assignment of the 2 GHz MSS licensee
   that seeks ATC authority.

   (ii) In the 1626.5–1660.5 MHz/1525–1559 MHz bands (L-band), ATC operations
   are limited to the frequency assignments authorized and internationally
   coordinated for the MSS system of the MSS licensee that seeks ATC authority.

   (iii) In the 1610–1626.5 MHz/2483.5–2500 MHz bands (Big LEO bands), ATC
   operations are limited to the 1610–1615.5 MHz, 1621.35–1626.5 MHz, and
   2487.5–2493.0 MHz bands and to the specific frequencies authorized for use
   by the MSS licensee that seeks ATC authority.

   (3) ATC operations shall not exceed the geographical coverage area of the
   mobile satellite service network of the applicant for ATC authority.

   (4) ATC base stations shall comply with all applicable antenna and
   structural clearance requirements established in part 17 of this chapter.

   (5) ATC base stations and mobile terminals shall comply with part 1 of this
   chapter, Subpart I—Procedures Implementing the National Environmental Policy
   Act of 1969, including the guidelines for human exposure to radio frequency
   electromagnetic fields as defined in  Sec.  Sec. 1.1307(b) and 1.1310 of this chapter
   for PCS networks.

   (6) ATC base station operations shall use less than all available MSS
   frequencies when using all available frequencies for ATC base station
   operations would exclude otherwise available signals from MSS
   space-stations.

   (b) Applicants for an ancillary terrestrial component shall demonstrate that
   the applicant does or will comply with the following criteria through
   certification:

   (1) Geographic and temporal coverage. (i) For the 2 GHz MSS band, an
   applicant must demonstrate that it can provide space-segment service
   covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-hundred
   percent of the time, unless it is not technically possible, consistent with
   the coverage requirements for 2 GHz MSS GSO operators.

   (ii) For the L-band, an applicant must demonstrate that it can provide
   space-segment service covering all 50 states, Puerto Rico, and the U.S.
   Virgin Islands one-hundred percent of the time, unless it is not technically
   possible for the MSS operator to meet the coverage criteria from its orbital
   position.

   (iii) For the Big LEO band, an applicant must demonstrate that it can
   provide space-segment service to all locations as far north as 70 ° North
   latitude and as far south as 55 ° South latitude for at least seventy-five
   percent of every 24-hour period, i.e., that at least one satellite will be
   visible above the horizon at an elevation angle of at least 5 ° for at least
   18 hours each day, and on a continuous basis throughout the fifty states,
   Puerto Rico and the U.S. Virgin Islands, i.e., that at least one satellite
   will be visible above the horizon at an elevation angle of at least 5 ° at
   all times.

   (2) Replacement satellites. (i) Operational NGSO MSS ATC systems shall
   maintain an in-orbit spare satellite.

   (ii) Operational GSO MSS ATC systems shall maintain a spare satellite on the
   ground within one year of commencing operations and launch it into orbit
   during the next commercially reasonable launch window following a satellite
   failure.

   (iii) All MSS ATC licensees must report any satellite failures, malfunctions
   or outages that may require satellite replacement within ten days of their
   occurrence.

   (3) Commercial availability. Mobile-satellite service must be commercially
   available (viz., offering services for a fee) in accordance with the
   coverage requirements that pertain to each band as a prerequisite to an MSS
   licensee's offering ATC service.

   (4) Integrated services. MSS ATC licensees shall offer an integrated service
   of MSS and MSS ATC. Applicants for MSS ATC may establish an integrated
   service offering by affirmatively demonstrating that:

   (i) The MSS ATC operator will use a dual-mode handset that can communicate
   with both the MSS network and the MSS ATC component to provide the proposed
   ATC service; or

   (ii) Other evidence establishing that the MSS ATC operator will provide an
   integrated service offering to the public.

   (5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is limited to an
   MSS licensee's selected assignment. MSS ATC operations on frequencies beyond
   the MSS licensee's selected assignment are prohibited.

   (ii) In the Big LEO band, MSS ATC is limited to no more than 5.5 MHz of
   spectrum in each direction of operation. Licensees in these bands may
   implement ATC only on those channels on which MSS is authorized, consistent
   with the Big LEO band-sharing arrangement.

   (iii) In the L-band, MSS ATC is limited to those frequency assignments
   available for MSS use in accordance with the Mexico City Memorandum of
   Understanding, its successor agreements or the result of other organized
   efforts of international coordination.

   (c) Equipment certification. (1) Each ATC MET utilized for operation under
   this part and each transmitter marketed, as set forth in  Sec. 2.803 of this
   chapter, must be of a type that has been authorized by the Commission under
   its certification procedure for use under this part.

   (2) Any manufacturer of radio transmitting equipment to be used in these
   services may request equipment authorization following the procedures set
   forth in subpart J of part 2 of this chapter. Equipment authorization for an
   individual transmitter may be requested by an applicant for a station
   authorization by following the procedures set forth in part 2 of this
   chapter.

   (3) Licensees and manufacturers are subject to the radiofrequency radiation
   exposure requirements specified in  Sec.  Sec. 1.1307(b), 2.1091 and 2.1093 of this
   chapter, as appropriate. MSS ATC base stations must comply with the
   requirements specified in  Sec. 1.1307(b) of this chapter for PCS base stations.
   MSS ATC mobile terminals must comply with the requirements specified for
   mobile and portable PCS transmitting devices in  Sec. 1.1307(b) of this chapter.
   MSS ATC mobile terminals must also comply with the requirements in  Sec.  Sec. 2.1091
   and 2.1093 of this chapter for Satellite Communications Services devices.
   Applications for equipment authorization of mobile or portable devices
   operating under this section must contain a statement confirming compliance
   with these requirements for both fundamental emissions and unwanted
   emissions. Technical information showing the basis for this statement must
   be submitted to the Commission upon request.

   (d) Applicants for an ancillary terrestrial component authority shall
   demonstrate that the applicant does or will comply with the provisions of
    Sec.  Sec. 1.924 and 25.203(e) through 25.203(g) and with  Sec.  Sec. 25.252, 25.253, or
   25.254, as appropriate, through certification or explanatory technical
   exhibit.

   (e) Except as provided for in paragraph (f) of this section, no application
   for an ancillary terrestrial component shall be granted until the applicant
   has demonstrated actual compliance with the provisions of paragraph (b) of
   this section. Upon receipt of ATC authority, all ATC licensees must ensure
   continued compliance with this section and  Sec.  Sec. 25.252, 25.253, or 25.254, as
   appropriate.

   (f) Special provision for operational MSS systems. Applicants for MSS ATC
   authority with operational MSS systems that are in actual compliance with
   the requirements prescribed in paragraphs (b)(1), (b)(2), and (b)(3) of this
   section at the time of application may elect to satisfy the requirements of
   paragraphs (b)(4) and (b)(5) of this section prospectively by providing a
   substantial showing in its certification regarding how the applicant will
   comply with the requirements of paragraphs (b)(4) and (b)(5) of this
   section. Notwithstanding  Sec. 25.117(f) and paragraph (e) of this section, the
   Commission may grant an application for ATC authority based on such a
   prospective substantial showing if the Commission finds that operations
   consistent with the substantial showing will result in actual compliance
   with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this
   section. An MSS ATC applicant that receives a grant of ATC authority
   pursuant to this paragraph (f) shall notify the Commission within 30 days
   once it begins providing ATC service. This notification must take the form
   of a letter formally filed with the Commission in the appropriate MSS
   license docket and shall contain a certification that the MSS ATC service is
   consistent with its ATC authority.

   [ 68 FR 47859 , Aug. 12, 2003, as amended at  69 FR 48162 , Aug. 9, 2004;  70 FR 19318 , Apr. 13, 2005]

Processing of Applications