§  25.140   Qualifications of fixed-satellite space station licensees.

   (a) New fixed-satellites shall comply with the requirements established
   in Report and Order, CC Docket No. 81–704 (available at address in
   § 0.445 of this chapter.) Applications must also meet the requirements
   in paragraphs (b) through (d) of this section. The Commission may
   require additional or different information in the case of any
   individual application. Applications will be unacceptable for filing
   and will be returned to the applicant if they do not meet the
   requirements referred to in this paragraph.

   (b) Each applicant for a space station authorization in the
   fixed-satellite service must demonstrate, on the basis of the
   documentation contained in its application, that it is legally,
   technically, and otherwise qualified to proceed expeditiously with the
   construction, launch and/or operation of each proposed space station
   facility immediately upon grant of the requested authorization. Each
   applicant must provide the following information:

   (1) The information specified in § 25.114; and

   (2) Except as set forth in paragraphs (b)(3), (b)(4), (b)(5), and
   (b)(6) of this section, all applicants must provide an interference
   analysis to demonstrate the compatibility of their proposed system two
   degrees from any authorized space station. An applicant should provide
   details of its proposed r.f. carriers which it believes should be taken
   into account in this analysis. At a minimum, the applicant must
   include, for each type of r.f. carrier, the link noise budget,
   modulation parameters, and overall link performance analysis. ( See,
   e.g. , appendices B and C to Licensing of Space Stations in the
   Domestic Fixed-Satellite Service (available at address in Sec. 0.445)).

   (3) Except as described in paragraph (b)(5) of this section, an
   applicant for a license to operate a 17/24 GHz BSS space station that
   will be located precisely at one of the 17/24 GHz BSS orbital locations
   specified in Appendix F of the Report and Order adopted May 2, 2007, IB
   Docket No. 06–123, FCC 07–76, must provide an interference analysis of
   the kind described in paragraph (b)(2) of this section, except that the
   applicant must demonstrate the compatibility of its proposed network
   with any current or future authorized space station in the 17/24 GHz
   BSS that complies with the technical rules in this part and that will
   be located at least four degrees from the proposed space station.

   (4) Except as described in paragraph (b)(5) of this section, an
   applicant for a license to operate a 17/24 GHz BSS space station that
   will not be located precisely at one of the nominal 17/24 GHz BSS
   orbital locations specified in Appendix F of the Report and Order
   adopted May 2, 2007, IB Docket No. 06–123, FCC 07–76, must make one of
   the following showings:

   (i) In cases where there is no previously licensed or proposed space
   station to be located closer than four degrees from the applicant's
   space station, and the applicant seeks to operate pursuant to
   § 25.262(b) of this part, the applicant must provide an interference
   analysis of the kind described in paragraph (b)(2) of this section,
   except that the applicant must demonstrate the compatibility of its
   proposed network with any current or future authorized space stations
   in the 17/24 GHz BSS that are operating in compliance with the
   technical rules of this part and that will be located at least four
   degrees from the applicant's proposed space station;

   (ii) In cases where there is a previously licensed or proposed 17/24
   GHz BSS space station to be located within four degrees of the
   applicant's proposed space station, the applicant must provide an
   interference analysis of the kind described in paragraph (b)(2) of this
   section, except that the applicant must demonstrate that its proposed
   network will not cause more interference to the adjacent 17/24 GHz BSS
   satellite networks operating in compliance with the technical
   requirements of this part, than if the applicant were located at the
   precise Appendix F orbital location from which it seeks to offset;

   (iii) In cases where there is no previously licensed or proposed 17/24
   GHz BSS space station to be located within four degrees of the
   applicant's proposed space station, and the applicant does not seek to
   operate pursuant to § 25.262(b) of this part, the applicant must provide
   an interference analysis of the kind described in paragraph (b)(2) of
   this section, except that the applicant must demonstrate that its
   proposed operations will not cause more interference to any current or
   future 17/24 GHz BSS satellite networks operating in compliance with
   the technical requirements of this part, than if the applicant were
   located at the precise Appendix F orbital location from which it seeks
   to offset.

   (5) An applicant for a license to operate a 17/24 GHz BSS space
   station, in cases where there is a previously licensed or proposed
   space station operating pursuant to § 25.262(b) of this part located
   within four degrees of the applicant's proposed 17/24 GHz BSS space
   station, must provide an interference analysis of the kind described in
   paragraph (b)(2) of this section, except that the applicant must
   demonstrate that its proposed operations will not cause more
   interference to the adjacent 17/24 GHz BSS satellite network than if
   the adjacent space station were located four degrees from the
   applicant's space station.

   (6) In addition to the requirements of paragraphs (b)(3), (b)(4), and
   (b)(5) of this section, the link budget for any satellite in the 17/24
   GHz BSS must take into account longitudinal stationkeeping tolerances
   and, where appropriate, any existing orbital location offsets from the
   17/24 GHz BSS orbital locations of the adjacent prior-authorized 17/24
   GHz BSS space stations. In addition, any 17/24 GHz BSS satellite
   applicant that has reached a coordination agreement with an operator of
   another 17/24 GHz BSS satellite to allow that operator to exceed the
   pfd levels specified in the rules for this service, must use those
   higher pfd levels for the purposes of this showing.

   (c) Operators of satellite networks using 17/24 GHz BSS space stations
   must design their satellite networks to be capable of operating with
   another 17/24 GHz BSS space station as follows:

   (1) Except as described in paragraphs (b)(4)(ii) and (b)(4)(iii) of
   this section, all satellite network operators using 17/24 GHz BSS space
   stations must design their satellite networks to be capable of
   operating with another 17/24 GHz BSS space station as close as four
   degrees away.

   (2) Satellite network operators located less than four degrees away
   from a space station to be operated pursuant to § 25.262(b) of this part
   must design their satellite networks to be capable of operating with
   that adjacent 17/24 GHz BSS space station.

   (3) Satellite network operators using 17/24 GHz BSS space stations
   located at an orbital location other than those specified in Appendix F
   of the Report and Order adopted May 2, 2007, IB Docket No. 06–123, FCC
   07–76, and that are not operating pursuant to § 25.262(b) of this part,
   must design their satellite networks to be capable of operating with
   another 17/24 GHz BSS space station closer than four degrees away, as a
   result of the operator's offset position.

   (d)–(g) [Reserved]

   [ 62 FR 5929 , Feb. 10, 1997, as amended at  68 FR 51504 , Aug. 27, 2003;
    72 FR 50028 , Aug. 29, 2007;  72 FR 60279 , Oct. 24, 2007]