§  25.115   Application for earth station authorizations.

   (a)(1) Transmitting earth stations. Commission authorization must be
   obtained for authority to operate a transmitting earth station.
   Applications shall be filed electronically on FCC Form 312, Main Form
   and Schedule B, and include the information specified in § 25.130,
   except as set forth in paragraph (a)(2) of this section.

   (2) Applicants for licenses for transmitting earth station facilities
   are required to file on Form 312EZ, to the extent that form is
   available, in the following cases:

   (i) The earth station will transmit in the 3700–4200 MHz and 5925–6425
   MHz band, and/or the 11.7–12.2 GHz and 14.0–14.5 GHz band; and

   (ii) The earth station will meet all the applicable technical
   specifications set forth in part 25 of this chapter.

   (iii) The earth station is not an ESV.

   (3) If Form 312EZ is not available, earth station license applicants
   specified in paragraph (a)(2) must file on FCC Form 312, Main Form and
   Schedule B, and include the information specified in § 25.130.

   (4) Applications for earth station authorizations must be filed in
   accordance with the pleading limitations, periods and other applicable
   provisions of § § 1.41 through 1.52 of this chapter, except that such
   earth station applications must be filed electronically through the
   International Bureau Filing System (IBFS) in accordance with the
   applicable provisions of part 1, subpart Y of this chapter;

   (b) Receive-only earth stations. Applications to license or register
   receive only earth stations shall be filed on FCC Form 312, Main Form
   and Schedule B, and conform to the provisions of § 25.131.

   (c)(1) Large Networks of Small Antennas operating in the 11.7–12.2 GHz
   and 14.0–14.5 GHz frequency bands with U.S.-licensed or
   non-U.S.-licensed satellites for domestic or international services.
   Applications to license small antenna network systems operating in the
   11.7–12.2 GHz and 14.0–14.5 GHz frequency band under blanket operating
   authority shall be filed on FCC Form 312 and Schedule B, for each large
   (5 meters or larger) hub station, and Schedule B for each
   representative type of small antenna (less than 5 meters) operating
   within the network.

   (c)(2) Large Networks of Small Antennas operating in the 4/6 GHz
   frequency bands with U.S.-licensed or non-U.S. licensed satellites for
   domestic services (CSATs). Applications to license small antenna
   network systems operating in the standard C-Band, 3700–4200 MHz and
   5925–6425 MHz frequency band shall be filed electronically on FCC Form
   312, Main Form and Schedule B.

   (i) An initial lead application providing a detailed overview of the
   complete network shall be filed. Such lead applications shall fully
   identify the scope and nature of the service to be provided, as well as
   the complete technical details of each representative type of small
   antenna (less than 4.5 meters) that will operate within the network.
   Such lead applications for a single CSAT system must identify:

   (A) No more than three discrete geostationary satellites to be
   accessed;

   (B) The amount of frequency bandwidth sought, up to a maximum of 20 MHz
   of spectrum in each direction at each of the satellites (The same 20
   MHz of uplink and 20 MHz of downlink spectrum at each satellite would
   be accessible by all CSAT earth stations in the system. The 20 MHz of
   uplink and 20 MHz of downlink spectrum need not be the same at each
   satellite location);

   (C) The maximum number of earth station sites;

   (ii) Following the issuance of a license for the lead application, the
   licensee shall notify the Commission of the complete technical
   parameters of each individual earth station site before that site is
   bought into operation under the lead authorization. Full frequency
   coordination of each individual site (e.g., for each satellite and the
   spectrum associated therewith) shall be completed prior to filing
   Commission notification. The coordination must be conducted in
   accordance with § 25.203. Such notification shall be done by electronic
   filing and shall be consistent with the technical parameters of
   Schedule B of FCC Form 312.

   (iii) Following successful coordination of such an earth station, if
   the earth station operator does not file a lead application or a
   Schedule B within six months after it successfully completes
   coordination, it will be assumed that such frequency use is no longer
   desired, unless a second notification has been received within ten days
   prior to the end of the six month period. Such renewal notifications
   must be sent to all parties concerned. If the lead application or
   Schedule B, or renewal notification, is not timely received, the
   coordination will lapse and the licensee must re-coordinate the
   relevant earth stations if it still wishes to bring them into
   operation.

   (iv) Operation of each individual site may commence immediately after
   the public notice is released that identifies the notification sent to
   the Commission and if the requirements of paragraph (c)(2)(vi) of this
   section are met. Continuance of operation of each station for the
   duration of the lead license term shall be dependent upon successful
   completion of the normal public notice process. If any objections are
   received to the new station prior to the end of the 30 day comment
   period of the Public Notice, the licensee shall immediately cease
   operation of those particular stations until the coordination dispute
   is resolved and the CSAT licensee informs the Commission of the
   resolution. If the requirements of paragraph (c)(2)(vi) of this section
   are not met, operation may not commence until the Commission issues the
   public notice acting on the CSAT terminal authorization.

   (v) Each CSAT licensee shall annually provide the Commission an updated
   list of all operational earth stations in its system. The annual list
   shall also include a list of all earth stations deactivated during the
   year and identification of the satellites providing service to the
   network as of the date of the report.

   (vi) Conditional authorization. (A) An applicant for a new CSAT radio
   station or modification of an existing CSAT station authorized under
   paragraph (c)(2)(i) of this section in the 3700–4200; or 5925–6425 MHz
   bands may operate the proposed station during the pendency of its
   application after the release of the public notice accepting the
   notification for filing that complies with paragraph (c)(2)(ii) of this
   section. The applicant, however, must first certify that the following
   conditions are satisfied:

   ( 1 ) The frequency coordination procedures of § 25.203 have been
   successfully completed;

   ( 2 ) The antenna structure has been previously studied by the Federal
   Aviation Administration and determined to pose no hazard to aviation
   safety as required by subpart B of part 17 of this chapter; or the
   antenna or tower structure does not exceed 6.1 meters above ground
   level or above an existing man-made structure (other than an antenna
   structure), if the antenna or tower has not been previously studied by
   the Federal Aviation Administration and cleared by the FCC;

   ( 3 ) The grant of the application(s) does not require a waiver of the
   Commission's rules (with the exception of a request for waiver
   pertaining to fees);

   ( 4 ) The applicant has determined that the facility(ies) will not
   significantly affect the environment as defined in § 1.1307 of this
   chapter;

   ( 5 ) The station site does not lie within 56.3 kilometers of any
   international border or within a radio “Quiet Zone” identified in
   § 1.924 of this chapter; and

   ( 6 ) The filed application is consistent with the proposal that was
   coordinated pursuant to § 25.251.

   (B) Conditional authority ceases immediately if the Schedule B is
   returned by the Commission because it is not accepted for filing.

   (C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A)
   and (c)(2)(vi)(B) of this section is evidenced by retaining a copy of
   the Schedule B notification with the station records. Conditional
   authorization does not prejudice any action the Commission may take on
   the subject application(s) or the Schedule B notifications.

   (D) Conditional authority is accepted with the express understanding
   that such authority may be modified or cancelled by the Commission at
   any time without hearing if, in the Commission's discretion, the need
   for such action arises. An applicant operating pursuant to this
   conditional authority assumes all risks associated with such operation,
   the termination or modification of the conditional authority, or the
   subsequent dismissal or denial of its application(s).

   (E) The copy of the Schedule B notification form must be posted at each
   station operating pursuant to this section.

   (vii) Period of construction. Construction of each earth station must
   be completed and the station must be brought into regular operation
   within twelve months from the date that action is taken to authorize
   that station to operate under the lead authorization, except as may be
   otherwise determined by the Commission for any particular application.

   (d) User transceivers in the NVNG, 1.6/2.4 GHz Mobile-Satellite
   Service, and 2 GHz Mobile-Satellite Service need not be individually
   licensed. Service vendors may file blanket applications for
   transceivers units using FCC Form 312, Main Form and Schedule B, and
   specifying the number of units to be covered by the blanket license.
   Each application for a blanket license under this section shall include
   the information described in § 25.136.

   (e) Earth stations operating in the 20/30 GHz Fixed-Satellite Service
   with U.S.-licensed or non-U.S. licensed satellites: Applications to
   license individual earth stations operating in the 20/30 GHz band shall
   be filed on FCC Form 312, Main Form and Schedule B, and shall also
   include the information described in § 25.138. Earth stations belonging
   to a network operating in the 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6
   GHz or 29.25–30.0 GHz bands may be licensed on a blanket basis.
   Applications for such blanket authorization may be filed using FCC Form
   312, Main Form and Schedule B, and specifying the number of terminals
   to be covered by the blanket license. Each application for a blanket
   license under this section shall include the information described in
   § 25.138.

   (f) User transceivers in the non-geostationary satellite orbit
   fixed-satellite service in the 11.7–12.2 GHz, 12.2–12.7 GHz and
   14.0–14.5 GHz bands need not be individually licensed. Service vendors
   may file blanket applications for transceiver units using FCC Form 312,
   Main Form and Schedule B, and shall specify the number of terminals to
   be covered by the blanket license. Each application for a blanket
   license under this section shall include the information described in
   § 25.146. Any earth stations that are not user transceivers, and which
   transmit in the non-geostationary satellite orbit fixed-satellite
   service in the 10.7–11.7 GHz, 12.75–13.15 GHz, 13.2125–13.25 GHz, and
   13.75–14.0 GHz bands must be individually licensed, pursuant to
   paragraph (a) of this section.

   (g) Applications for feeder link earth stations operating in the
   24.75—25.25 GHz band (Earth-to-space) and providing service to
   geostationary satellites in the 17/24 GHz BSS must include, in addition
   to the particulars of operation identified on Form 312 and associated
   Schedule B, the information specified in either paragraph (g)(1) or
   (g)(2) below for each earth station antenna type:

   (1) A series of EIRP density charts or tables, calculated for a
   production earth station antenna, based on measurements taken on a
   calibrated antenna range at 25 GHz, with the off-axis EIRP envelope set
   forth in paragraphs (g)(1)(i) through (g)(1)(iv) of this section
   superimposed, as follows:

   (i) Showing off-axis co-polarized EIRP spectral density in the azimuth
   plane, for off-axis angles from minus 10�° to plus 10�° and from minus
   180�° to plus 180�°;

   (ii) Showing off-axis co-polarized EIRP spectral density in the
   elevation plane, at off-axis angles from 0�°to plus 30�°;

   (iii) Showing off-axis cross-polarized EIRP spectral density in the
   azimuth plane, at off-axis angles from minus 10�° to plus 10�°; and

   (iv) Showing off-axis cross-polarized EIRP spectral density in the
   elevation plane, at off-axis angles from minus 10�° to plus 10�°

   (2) A certification on Schedule B that the antenna conforms to the gain
   pattern criteria of § § 25.209(a) and (b), that when combined with input
   power density (computed from the maximum on-axis EIRP density per
   carrier less the antenna gain entered in Schedule B), demonstrates that
   the off-axis EIRP spectral density envelope set forth in § § 25.223(b)(1)
   through (4) of this part will be met.

   (h) Any earth station applicant filing an application pursuant to
   § 25.218 of this chapter must file three tables showing the off-axis
   EIRP level of the proposed earth station antenna of the plane of the
   geostationary orbit, the elevation plane, and towards the horizon. In
   each table, the EIRP level must be provided at increments of 0.1�° for
   angles between 0�° and 10�° off-axis, and at increments of 5�° for angles
   between 10�° and 180�° off-axis.

   (1) For purposes of the off-axis EIRP table in the plane of the
   geostationary orbit, the off-axis angle is the angle in degrees from
   the line connecting the focal point of the antenna to the target
   satellite, within the plane determined by the focal point of the
   antenna and the line tangent to the arc of the geostationary satellite
   orbit at the position of the target satellite.

   (2) For purposes of the off-axis EIRP table in the elevation plane, the
   off-axis angle is the angle in degrees from the line connecting the
   focal point of the antenna to the target satellite, within the plane
   perpendicular to the plane determined by the focal point of the antenna
   and the line tangent to the arc of the geostationary satellite orbit at
   the position of the target satellite.

   (3) For purposes of the off-axis EIRP table towards the horizon, the
   off-axis angle is the angle in degrees from the line determined by the
   intersection of the horizontal plane and the elevation plane described
   in paragraph (h)(2) of this section, in the horizontal plane. The
   horizontal plane is the plane determined by the focal point of the
   antenna and the horizon.

   (4) In addition, in an attachment to its application, the earth station
   applicant must certify that it will limit its pointing error to 0.5�°,
   or demonstrate that it will comply with the applicable off-axis EIRP
   envelopes in § 25.218 of this part when the antenna is mispointed at its
   maximum pointing error.

   (i) Any earth station applicant filing an application for a VSAT
   network made up of FSS earth stations and planning to use a contention
   protocol must include in its application a certification that it will
   comply with the requirements of § 25.134(g)(4).

   [ 62 FR 5928 , Feb. 10, 1997, as amended at  62 FR 64172 , Dec. 4, 1997;  65 FR 54169 , Sept. 7, 2000;  65 FR 59142 , Oct. 4, 2000;  66 FR 31559 , June
   12, 2001;  67 FR 53510 , Aug. 16, 2002;  68 FR 16966 , Apr. 8, 2003;  68 FR 63998 , Nov. 12, 2003;  69 FR 29901 , May 26, 2004;  69 FR 47794 , Aug. 6,
   2004;  70 FR 4783 , Jan. 31, 2005;  70 FR 32253 , June 2, 2005;  72 FR 50027 , Aug. 29, 2007;  73 FR 70900 , Nov. 24, 2008]

   Effective Date Note:   At  74 FR 9962 , Mar. 9, 2009, § 25.115 paragraphs
   (h) and (i) which contain information collection and recordkeeping
   requirements, became effective with approval by the Office of
   Management and Budget for a period of three years.