Sec.  25.220   Non-conforming transmit/receive earth station operations.

   (a)(1) This section applies to earth station applications other than ESV
   applications in which:

   (i) The proposed antenna does not conform to the standards of  Sec.  Sec. 25.209(a)
   and

   (b), and/or

   (ii) The proposed power density levels are in excess of those specified in
    Sec. 25.134,  Sec. 25.211, or  Sec. 25.212, or those derived by the procedure set forth in
   paragraph (c)(1) of this section, whichever is applicable.

   (2) Paragraphs (b) through (e) and (g) of this section apply to the earth
   station applications described in paragraph (a)(1) of this section, in which
   the applicant seeks transmit/receive authority.

   (3) Paragraphs (f) and (g) of this section applies to the earth station
   applications described in paragraph (a)(1) of this section in which the
   applicant seeks transmit-only or receive-only authority.

   (4) The requirements for petitions to deny applications filed pursuant to
   this section are set forth in  Sec. 25.154.

   (b) If an antenna proposed for use by the applicant does not comply with the
   antenna performance standards contained in  Sec. 25.209(a) and (b), the applicant
   must provide, as an exhibit to its FCC Form 312 application, the antenna
   gain patterns specified in  Sec. 25.132(b).

   (c) If an antenna proposed for use by the applicant does not comply with the
   performance standards contained in  Sec. 25.209(a) and (b), the applicant must
   meet the requirements of either paragraph (c)(1) or (c)(2) of this section
   to obtain authority to transmit. The applicant must meet the requirements of
   paragraph (c)(3) of this section to obtain protection from receiving
   interference from adjacent satellite operators.

   (1) The applicant must provide in its Form 312, Schedule B, the power and
   power density levels that result by reducing the values stated in  Sec.  Sec. 25.134,
   25.211, or 25.212, whichever is applicable, by the number of decibels that
   the non-compliant antenna fails to meet the antenna performance standard of
    Sec. 25.209(a) and (b), or

   (2) The applicant will not be permitted to transmit to any satellite unless
   the applicant has provided the certifications listed in paragraph (e)(1) of
   this section from the operator of that satellite(s).

   (3) The applicant will not receive protection from adjacent satellite
   interference from any satellite unless the applicant has provided the
   certifications listed in paragraph (d)(1) of this section from the operator
   of that satellite(s) from which it plans to receive.

   (d)(1) If an antenna proposed for use by the applicant does not comply with
   the performance standards contained in  Sec. 25.209(a) and (b), the applicant
   must submit the certifications listed in paragraphs (d)(1)(i) through
   (d)(1)(iv) of this section to qualify for protection from receiving
   interference from other satellite systems. The applicant will be granted
   protection from receiving interference only with respect to the satellite
   systems included in the coordination agreements referred to in the
   certification required by paragraph (d)(1)(ii) of this section, and only to
   the extent that protection from receiving interference is afforded by those
   coordination agreements.

   (i) A statement from the satellite operator acknowledging that the proposed
   operation of the subject non-conforming earth station with its satellite(s)
   has the potential to receive interference from adjacent satellite networks
   that may be unacceptable.

   (ii) A statement from the satellite operator that it has coordinated the
   operation of the subject non-conforming earth station accessing its
   satellite(s), including its required downlink power density based on the
   information contained in the application, with all adjacent satellite
   networks within 6 ° of orbital separation from its satellite(s), and the
   operations will operate in conformance with existing coordination agreement
   for its satellite(s) with other satellite systems.

   (iii) A statement from the satellite operator that it will include the
   subject non-conforming earth station operations in all future satellite
   network coordinations, and

   (iv) A statement from the earth station applicant certifying that it will
   comply with all coordination agreements reached by the satellite
   operator(s).

   (2) A license granted pursuant to paragraph (d)(1) of this section will
   include, as a condition on that license, that if a good faith agreement
   cannot be reached between the satellite operator and the operator of a
   future 2 ° compliant satellite, the earth station operator shall accept the
   power density levels that would accommodate the 2 ° compliant satellite.

   (e)(1) An earth station applicant proposing to use transmitted satellite
   carrier EIRP densities, and/or maximum power into the antenna in excess of
   the levels in  Sec.  Sec. 25.134, 25.211, 25.212, or the power density levels derived
   through the procedure set forth in paragraph (c)(1) of this section,
   whichever is applicable, shall provide the following certifications as an
   exhibit to its earth station application:

   (i) A statement from the specified satellite operator acknowledging that the
   proposed operation of the subject non-conforming earth station with its
   satellite(s) has the potential to create interference to adjacent satellite
   networks that may be unacceptable.

   (ii) A statement from the specified satellite operator that it has
   coordinated the operation of the subject non-conforming Earth Station
   accessing its satellite(s), and its corresponding downlink power density
   requirements (based on the information contained in the application) with
   all adjacent satellite networks within 6 ° of orbital separation from its
   satellite(s), and the operations will not violate any existing coordination
   agreement for its satellite(s) with other satellite systems.

   (iii) A statement from the specified satellite operator that it will include
   the subject non-conforming Earth Station power and power densities in all
   future satellite network coordinations, and

   (iv) A statement from the earth station applicant certifying that it will
   comply with all coordination agreements reached by the satellite
   operator(s).

   (2) A license granted pursuant to paragraph (e)(1) of this section will
   include, as a condition on that license, that if a good faith agreement
   cannot be reached between the satellite operator and the operator of a
   future 2 ° compliant satellite, the earth station operator shall reduce its
   power to those levels that would accommodate the 2 ° compliant satellite.

   (f)(1) If an earth station applicant requests transmit-only authority, and
   its proposed antenna does not conform to the standards of  Sec. 25.209(a) and
   (b), it must meet the requirements of paragraphs (b) and (c) of this
   section.

   (2) If an earth station applicant requests transmit-only authority, and its
   proposed power density levels are in excess of those specified in  Sec.  Sec. 25.134,
   25.211, or 25.212, or those derived by the procedure set forth in paragraph
   (c)(1) of this section, it must meet the requirements of paragraph (e) of
   this section.

   (3) If an earth station applicant requests receive-only authority, and its
   proposed antenna does not conform to the standards of  Sec. 25.209(a) and (b), it
   must meet the requirements of paragraphs (b) and (d) of this section.

   (g) Applicants filing applications for earth stations pursuant to this
   section must provide the following information for the Commission's public
   notice:

   (1) Detailed description of the service to be provided, including frequency
   bands and satellites to be used. The applicant must identify either the
   specific satellites with which it plans to operate, or the eastern and
   western boundaries of the geostationary satellite orbit arc it plans to
   coordinate.

   (2) The diameter or equivalent diameter of the antenna.

   (3) Proposed power and power density levels.

   (4) Identification of any rule or rules for which a waiver is requested.

   [ 70 FR 32256 , June 2, 2005]