§  25.221   Blanket Licensing provisions for Earth Stations on Vessels (ESVs)
receiving in the 3700-4200 MHz (space-to-Earth) frequency band and
transmitting in the 5925-6425 MHz (Earth-to-space) frequency band, operating
with Geostationary Satellite Orbit (GSO) Satellites in the Fixed-Satellite
Service.

   (a) The following ongoing requirements govern all ESV licensees and
   operations in the 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz
   (Earth-to-space) bands transmitting to GSO satellites in the
   fixed-satellite service. ESV licensees must comply with the
   requirements in either paragraph (a)(1) or (a)(2) of this section and
   all of the requirements set forth in paragraphs (a)(3) through (a)(12)
   of this section. Paragraph (b) of this section identifies items that
   must be included in the application for ESV operations to demonstrate
   that these ongoing requirements will be met.

   (1) The following requirements shall apply to an ESV that uses
   transmitters with off-axis effective isotropically radiated power
   (EIRP) spectral-densities lower than or equal to the levels in
   paragraph (a)(1)(i) of this section. An ESV, or ESV system, operating
   under this section shall provide a detailed demonstration as described
   in paragraph (b)(1) of this section. The ESV transmitter must also
   comply with the antenna pointing and cessation of emission requirements
   in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section.

   (i) An ESV system shall not exceed the off-axis EIRP spectral-density
   limits and conditions defined in paragraphs (a)(1)(i)(A) through
   (a)(1)(i)(D) of this section.

   (A) The off-axis EIRP spectral-density emitted from the ESV, in the
   plane of the GSO as it appears at the particular earth station
   location, shall not exceed the following values:

   26.3 - 10log(N) - 25logTH dBW/4 kHz for 1.5DEG <= TH <= 7DEG
   5.3 -10log(N)             dBW/4 kHz for 7DEG < TH <= 9.2DEG
   29.3 -10log(N) - 25logTH  dBW/4 kHz for 9.2DEG < TH <= 48DEG
   -12.7 -10log(N)           dBW/4 kHz for 48DEG < TH <= 180DEG

   Where theta (TH) is the angle in degrees from the line connecting the
   focal point of the antenna to the orbital location of the target
   satellite, the plane of the GSO is determined by the focal point of the
   antenna and the line tangent to the arc of the GSO at the orbital
   location of the target satellite. For an ESV network using frequency
   division multiple access (FDMA) or time division multiple access (TDMA)
   techniques, N is equal to one. For ESV networks using multiple
   co-frequency transmitters that have the same EIRP, N is the maximum
   expected number of co-frequency simultaneously transmitting ESV earth
   stations in the same satellite receiving beam. For the purpose of this
   section, the peak EIRP of an individual sidelobe may not exceed the
   envelope defined above for TH between 1.5DEG and 7.0DEG. For TH greater
   than 7.0DEG, the envelope may be exceeded by no more than 10% of the
   sidelobes, provided no individual sidelobe exceeds the envelope given
   above by more than 3 dB.

   (B) In all directions other than along the GSO, the off-axis EIRP
   spectral-density for co-polarized signals emitted from the ESV shall
   not exceed the following values:

   29.3 - 10log(N) - 25logTH dBW/4 kHz for 3.0DEG <= TH <= 48DEG
   -12.7 - 10log(N)          dBW/4 kHz for 48DEG < TH <= 180DEG

   Where TH and N are defined in paragraph (a)(1)(i)(A) of this section.
   This off-axis EIRP spectral-density applies in any plane that includes
   the line connecting the focal point of the antenna to the orbital
   location of the target satellite with the exception of the plane of the
   GSO as defined in paragraph (a)(1)(i)(A) of this section. For the
   purpose of this section, the envelope may be exceeded by no more than
   10% of the sidelobes provided no individual sidelobe exceeds the gain
   envelope given above by more than 6 dB. The region of the main
   reflector spillover energy is to be interpreted as a single lobe and
   shall not exceed the envelope by more than 6 dB.

   (C) In all directions, the off-axis EIRP spectral-density for
   cross-polarized signals emitted from the ESV shall not exceed the
   following values:

   16.3 - 10log(N) - 25logTH dBW/4 kHz for 1.8DEG <= TH <= 7.0DEG
   -4.7 - 10log(N)           dBW/4 kHz for 7.0DEG < TH <= 9.2DEG

   Where TH and N are defined as set forth in paragraph (a)(1)(i)(A) of
   this section. This EIRP spectral-density applies in any plane that
   includes the line connecting the focal point of the antenna to the
   orbital location of the target satellite.

   (D) For non-circular ESV antennas, the major axis of the antenna will
   be aligned with the tangent to the arc of the GSO at the orbital
   location of the target satellite, to the extent required to meet the
   specified off-axis EIRP spectral-density criteria.

   (ii) Each ESV transmitter must meet one of the following antenna
   pointing requirements:

   (A) Each ESV transmitter shall maintain a pointing error of less than
   or equal to 0.2DEG between the orbital location of the target satellite
   and the axis of the main lobe of the ESV antenna, or

   (B) Each ESV transmitter shall maintain the declared maximum antenna
   pointing error that may be greater than 0.2DEG provided that the ESV
   does not exceed the off-axis EIRP spectral-density limits in paragraph
   (a)(1)(i) of this section, taking into account the antenna pointing
   error.

   (iii) Each ESV transmitter must meet one of the following cessation of
   emission requirements:

   (A) For ESVs operating under paragraph (a)(1)(ii)(A) of this section,
   all emissions from the ESV shall automatically cease within 100
   milliseconds if the angle between the orbital location of the target
   satellite and the axis of the main lobe of the ESV antenna exceeds
   0.5DEG, and transmission will not resume until such angle is less than
   or equal to 0.2DEG, or

   (B) For ESV transmitters operating under paragraph (a)(1)(ii)(B) of
   this section, all emissions from the ESV shall automatically cease
   within 100 milliseconds if the angle between the orbital location of
   the target satellite and the axis of the main lobe of the ESV antenna
   exceeds the declared maximum antenna pointing error and shall not
   resume transmissions until such angle is less than or equal to the
   declared maximum antenna pointing error.

   (2) The following requirements shall apply to an ESV that uses off-axis
   EIRP spectral-densities in excess of the levels in paragraph (a)(1)(i)
   of this section. An ESV, or ESV system, operating under this section
   shall file certifications and provide a detailed demonstration as
   described in paragraph (b)(2) of this section.

   (i) The ESV shall transmit only to the target satellite system(s)
   referred to in the certifications required by paragraph (b)(2) of this
   section.

   (ii) If a good faith agreement cannot be reached between the target
   satellite operator and the operator of a future satellite that is
   located within 6 degrees longitude of the target satellite, the ESV
   operator shall accept the power-density levels that would accommodate
   that adjacent satellite.

   (iii) The ESV shall operate in accordance with the off-axis EIRP
   spectral-densities that the ESV supplied to the target satellite
   operator in order to obtain the certifications listed in paragraph
   (b)(2) of this section. The ESV shall automatically cease emissions
   within 100 milliseconds if the ESV transmitter exceeds the off-axis
   EIRP spectral-densities supplied to the target satellite operator.

   (3) There shall be a point of contact in the United States, with phone
   number and address, available 24 hours a day, seven days a week, with
   authority and ability to cease all emissions from the ESVs, either
   directly or through the facilities of a U.S. Hub or a Hub located in
   another country with which the United States has a bilateral agreement
   that enables such cessation of emissions.

   (4) For each ESV transmitter, a record of the ship location ( i.e.,
   latitude/longitude), transmit frequency, channel bandwidth and
   satellite used shall be time annotated and maintained for a period of
   not less than 1 year. Records will be recorded at time intervals no
   greater than every 20 minutes while the ESV is transmitting. The ESV
   operator will make this data available upon request to a coordinator,
   fixed system operator, fixed-satellite system operator, or the
   Commission within 24 hours of the request.

   (5) ESV operators communicating with vessels of foreign registry must
   maintain detailed information on each vessel's country of registry and
   a point of contact for the relevant administration responsible for
   licensing ESVs.

   (6) ESV operators shall control all ESVs by a Hub earth station located
   in the United States, except that an ESV on U.S.-registered vessels may
   operate under control of a Hub earth station location outside the
   United States provided the ESV operator maintains a point of contact
   within the United States that will have the capability and authority to
   cause an ESV on a U.S.-registered vessel to cease transmitting if
   necessary.

   (7) ESV operators transmitting in the 5925-6425 MHz (Earth-to-space)
   frequency bands to GSO satellites in the fixed-satellite service (FSS)
   shall not seek to coordinate, in any geographic location, more than 36
   megahertz of uplink bandwidth on each of no more than two GSO FSS
   satellites.

   (8) ESVs shall not operate in the 5925-6425 MHz (Earth-to-space) and
   3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller than
   300 gross tons.

   (9) ESVs, operating while docked, that complete coordination with
   terrestrial stations in the 3700-4200 MHz band in accordance with
   § 25.251, shall receive protection from such terrestrial stations in
   accordance with the coordination agreements, for 180 days, renewable
   for 180 days.

   (10) ESVs in motion shall not claim protection from harmful
   interference from any authorized terrestrial stations or lawfully
   operating satellites to which frequencies are either already assigned,
   or may be assigned in the future in the 3700-4200 MHz (space-to-Earth)
   frequency band.

   (11) ESVs operating within 200 km from the baseline of the United
   States, or within 200 km from a U.S.-licensed fixed service offshore
   installation, shall complete coordination with potentially affected
   U.S.-licensed fixed service operators prior to operation. The
   coordination method and the interference criteria objective shall be
   determined by the frequency coordinator. The details of the
   coordination shall be maintained and available at the frequency
   coordinator, and shall be filed with the Commission to be placed on
   public notice. Operation of each individual ESV may commence
   immediately after the public notice is released that identifies the
   notification sent to the Commission. Continuance of operation of that
   ESV for the duration of the coordination term shall be dependent upon
   successful completion of the normal public notice process. If, prior to
   the end of the 30-day comment period of the public notice, any
   objections are received from U.S.-licensed fixed service operators that
   have been excluded from coordination, the ESV licensee shall
   immediately cease operation of that particular station on frequencies
   used by the affected U.S.-licensed fixed service station until the
   coordination dispute is resolved and the ESV licensee informs the
   Commission of the resolution.

   (12) ESV operators must automatically cease transmission if the ESV
   operates in violation of the terms of its coordination agreement,
   including, but not limited to, conditions related to speed of the
   vessel or if the ESV travels outside the coordinated area, if within
   200 km from the baseline of the United States, or within 200 km from a
   U.S.-licensed fixed service offshore installation. Transmissions may be
   controlled by the ESV network. The frequency coordinator may decide
   whether ESV operators should automatically cease transmissions if the
   vessel falls below a prescribed speed within a prescribed geographic
   area.

   (b) Applications for ESV operation in the 5925-6425 MHz
   (Earth-to-space) band to GSO satellites in the fixed-satellite service
   must include, in addition to the particulars of operation identified on
   Form 312, and associated Schedule B, the applicable technical
   demonstrations in paragraphs (b)(1) or (b)(2) of this section and the
   documentation identified in paragraphs (b)(3) through (b)(5) of this
   section.

   (1) An ESV applicant proposing to implement a transmitter under
   paragraph (a)(1) of this section must demonstrate that the transmitter
   meets the off-axis EIRP spectral-density limits contained in paragraph
   (a)(1)(i) of this section. To provide this demonstration, the
   application shall include the tables described in paragraph (b)(1)(i)
   of this section or the certification described in paragraph (b)(1)(ii)
   of this section. The ESV applicant also must provide the value N
   described in paragraph (a)(1)(i)(A) of this section. An ESV applicant
   proposing to implement a transmitter under paragraph (a)(1)(ii)(A) of
   this section must provide the certifications identified in paragraph
   (b)(1)(iii) of this section. An ESV applicant proposing to implement a
   transmitter under paragraph (a)(1)(ii)(B) of this section must provide
   the demonstrations identified in paragraph (b)(1)(iv) of this section.

   (i) Any ESV applicant filing an application pursuant to paragraph
   (a)(1) of this section must file three tables showing the off-axis EIRP
   level of the proposed earth station antenna in the direction of the
   plane of the GSO; the co-polarized EIRP in the elevation plane, that
   is, the plane perpendicular to the plane of the GSO; and cross
   polarized EIRP. In each table, the EIRP level must be provided at
   increments of 0.1DEG for angles between 0DEG and 10DEG off-axis, and at
   increments of 5DEG for angles between 10DEG and 180DEG off-axis.

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

   (B) For purposes of the off-axis co-polarized 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 orbital position
   of the target satellite, and the elevation plane is defined as the
   plane perpendicular to the plane of the GSO defined in paragraph
   (b)(1)(i)(A) of this section.

   (C) For purposes of the cross-polarized EIRP table, the off-axis angle
   is the angle in degrees from the line connecting the focal point of the
   antenna to the orbital position of the target satellite and the plane
   of the GSO as defined in paragraph (b)(1)(i)(A) of this section will be
   used.

   (ii) A certification, in Schedule B, that the ESV antenna conforms to
   the gain pattern criteria of § 25.209(a) and (b), that, combined with
   the maximum input power density calculated from the EIRP density less
   the antenna gain, which is entered in Schedule B, demonstrates that the
   off-axis EIRP spectral density envelope set forth in paragraphs
   (a)(1)(i)(A) through (a)(1)(i)(C) of this section will be met under the
   assumption that the antenna is pointed at the target satellite.

   (iii) An ESV applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(A) of this section, must provide a certification
   from the equipment manufacturer stating that the antenna tracking
   system will maintain a pointing error of less than or equal to 0.2DEG
   between the orbital location of the target satellite and the axis of
   the main lobe of the ESV antenna and that the antenna tracking system
   is capable of ceasing emissions within 100 milliseconds if the angle
   between the orbital location of the target satellite and the axis of
   the main lobe of the ESV antenna exceeds 0.5DEG.

   (iv) An ESV applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(B) of this section must:

   (A) Declare, in its application, a maximum antenna pointing error and
   demonstrate that the maximum antenna pointing error can be achieved
   without exceeding the off-axis EIRP spectral-density limits in
   paragraph (a)(1)(i) of this section; and

   (B) Demonstrate that the ESV transmitter can detect if the transmitter
   exceeds the declared maximum antenna pointing error and can cease
   transmission within 100 milliseconds if the angle between the orbital
   location of the target satellite and the axis of the main lobe of the
   ESV antenna exceeds the declared maximum antenna pointing error, and
   will not resume transmissions until the angle between the orbital
   location of the target satellite and the axis of the main lobe of the
   ESV antenna is less than or equal to the declared maximum antenna
   pointing error.

   (2) An ESV applicant proposing to implement a transmitter under
   paragraph (a)(2) of this section and using off-axis EIRP
   spectral-densities in excess of the levels in paragraph (a)(1)(i) of
   this section shall provide the following certifications and
   demonstration as exhibits to its earth station application:

   (i) A statement from the target satellite operator certifying that the
   proposed operation of the ESV has the potential to create harmful
   interference to satellite networks adjacent to the target satellite(s)
   that may be unacceptable.

   (ii) A statement from the target satellite operator certifying that the
   power-density levels that the ESV applicant provided to the target
   satellite operator are consistent with the existing coordination
   agreements between its satellite(s) and the adjacent satellite systems
   within 6DEG of orbital separation from its satellite(s).

   (iii) A statement from the target satellite operator certifying that it
   will include the power-density levels of the ESV applicant in all
   future coordination agreements.

   (iv) A demonstration from the ESV operator that the ESV system is
   capable of detecting and automatically ceasing emissions within 100
   milliseconds when the transmitter exceeds the off-axis EIRP
   spectral-densities supplied to the target satellite operator.

   (v) A certification from the ESV operator that the ESV system complies
   with the power limits in § 25.204(h).

   (3) There shall be an exhibit included with the application describing
   the geographic area(s) in which the ESVs will operate.

   (4) The point of contact information referred to in paragraph (a)(3) of
   this section and, if applicable, paragraph (a)(6) of this section, must
   be included in the application.

   (5) ESVs that exceed the radiation guidelines of § 1.1310 of this
   chapter, Radiofrequency radiation exposure limits, must provide, with
   their environmental assessment, a plan for mitigation of radiation
   exposure to the extent required to meet those guidelines.

   [ 74 FR 47102 , Sept. 15, 2009]