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

   (a)(1) This section applies to earth station applications other than
   ESV, VMES and 17/24 GHz BSS feeder link applications in which the
   proposed earth station operations do not fall within the applicable
   off-axis EIRP envelope specified in § 25.218.

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

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

   (c) [Reserved]

   (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
   § § 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 § 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) The applicant must submit the certifications listed in
   paragraphs (d)(1)(i) through (d)(1)(iv) of this section. The applicant
   will be authorized to transmit only to the satellite systems included
   in the coordination agreements referred to in the certification
   required by paragraph (d)(1)(ii) of this section. 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 6DEG 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, except as set forth in paragraph (d)(4) of this
   section.

   (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 2DEG compliant satellite, the earth station operator shall
   accept the power density levels that would accommodate the 2DEG
   compliant satellite.

   (3) In the event that a coordination agreement discussed in paragraph
   (d)(1)(ii) of this section is reached, but that coordination agreement
   does not address protection from interference for the earth station,
   that earth station will be protected from interference to the same
   extent that an earth station that meets the requirements of § 25.209 of
   this title would be protected from interference.

   (4) Notwithstanding paragraph (d)(1)(ii) of this section, a party
   applying for an earth station license pursuant to this section will not
   be required to certify that its target satellite operator has reached a
   coordination agreement with another satellite operator whose satellite
   is within 6DEG of orbital separation from its satellite in cases where
   the off-axis EIRP density level of the proposed earth station
   operations will be less than or equal to the levels specified by the
   applicable off-axis EIRP envelope set forth in § 25.218 of this chapter
   in the direction of the part of the geostationary orbit arc within 1DEG
   of the nominal orbit location of the adjacent satellite.

   (e)-(f) [Reserved]

   (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, as amended at  72 FR 50030 , Aug. 29, 2007;
    73 FR 70902 , Nov. 24, 2008;  74 FR 57099 , Nov. 4, 2009]

   Effective Date Note:   At  74 FR 9962 , Mar. 9, 2009, § 25.220 paragraphs
   (a) and (d), which contain information collection and recordkeeping
   requirements, became effective with approval by the Office of
   Management and Budget for a period of three years.