§  25.144   Licensing provisions for the 2.3 GHz satellite digital audio
radio service.

   (a) Qualification Requirements:

   (1) [Reserved]

   (2) General Requirements: Each application for a system authorization
   in the satellite digital audio radio service in the 2310-2360 MHz band
   shall describe in detail the proposed satellite digital audio radio
   system, setting forth all pertinent technical and operational aspects
   of the system, and the technical, legal, and financial qualifications
   of the applicant. In particular, applicants must file information
   demonstrating compliance with § 25.114 and all of the requirements of
   this section.

   (3) Technical Qualifications: In addition to the information specified
   in paragraph (a)(1) of this section, each applicant shall:

   (i) Demonstrate that its system will, at a minimum, service the 48
   contiguous states of the United States (full CONUS);

   (ii) Certify that its satellite DARS system includes a receiver that
   will permit end users to access all licensed satellite DARS systems
   that are operational or under construction; and

   (iii) Identify the compression rate it will use to transmit audio
   programming. If applicable, the applicant shall identify the
   compression rate it will use to transmit services that are ancillary to
   satellite DARS.

   (b) Milestone requirements. Each applicant for system authorization in
   the satellite digital audio radio service must demonstrate within 10
   days after a required implementation milestone as specified in the
   system authorization, and on the basis of the documentation contained
   in its application, certify to the Commission by affidavit that the
   milestone has been met or notify the Commission by letter that it has
   not been met. At its discretion, the Commission may require the
   submission of additional information (supported by affidavit of a
   person or persons with knowledge thereof) to demonstrate that the
   milestone has been met. The satellite DARS milestones are as follows,
   based on the date of authorization:

   (1) One year: Complete contracting for construction of first space
   station or begin space station construction;

   (2) Two years: If applied for, complete contracting for construction of
   second space station or begin second space station construction;

   (3) Four years: In orbit operation of at least one space station; and

   (4) Six years: Full operation of the satellite system.

   (c) Reporting requirements. All licensees of satellite digital audio
   radio service systems shall, on June 30 of each year, file a report
   with the International Bureau and the Commission's Laurel, Maryland
   field office containing the following information:

   (1) Status of space station construction and anticipated launch date,
   including any major problems or delay encountered;

   (2) A listing of any non-scheduled space station outages for more than
   thirty minutes and the cause(s) of such outages; and

   (3) Identification of any space station(s) not available for service or
   otherwise not performing to specifications, the cause(s) of these
   difficulties, and the date any space station was taken out of service
   or the malfunction identified.

   (d) The license term for each digital audio radio service satellite and
   any associated terrestrial repeaters is specified in § 25.121.

   (e) SDARS Terrestrial Repeaters. (1) Only entities holding or
   controlling SDARS space station licenses may construct and operate
   SDARS terrestrial repeaters and such construction and operation is
   permitted only in conjunction with at least one SDARS space station
   that is concurrently authorized and transmitting directly to
   subscribers.

   (2) SDARS terrestrial repeaters will be eligible for blanket licensing
   only under the following circumstances:

   (i) The SDARS terrestrial repeaters will comply with all applicable
   power limits set forth in § 25.214(d)(1) of this chapter and all
   applicable out-of-band emission limits set forth in § 25.202(h)(1) and
   (h)(2).

   (ii) The SDARS terrestrial repeaters will meet all applicable
   requirements in part 1, subpart I, and part 17 of this chapter.
   Operators of SDARS terrestrial repeaters must maintain demonstrations
   of compliance with part 1, subpart I, of this chapter and make such
   demonstrations available to the Commission upon request within three
   business days.

   (iii) The SDARS terrestrial repeaters will comply with all requirements
   of all applicable international agreements.

   (3) After May 20, 2010, SDARS licensees shall, before deploying any
   new, or modifying any existing, terrestrial repeater, notify
   potentially affected WCS licensees pursuant to the procedure set forth
   in § 25.263.

   (4) SDARS terrestrial repeaters are restricted to the simultaneous
   retransmission of the complete programming, and only that programming,
   transmitted by the SDARS licensee's satellite(s) directly to the SDARS
   licensee's subscribers' receivers, and may not be used to distribute
   any information not also transmitted to all subscribers' receivers.

   (5) Operators of SDARS terrestrial repeaters are prohibited from using
   those repeaters to retransmit different transmissions from a satellite
   to different regions within that satellite's coverage area.

   (6) Operators of SDARS terrestrial repeaters are required to comply
   with all applicable provisions of part 1, subpart I, and part 17 of
   this chapter.

   (7)(i) Each SDARS terrestrial repeater transmitter utilized for
   operation under this paragraph must be of a type that has been
   authorized by the Commission under its certification procedure.

   (ii) In addition to the procedures set forth in subpart J of part 2 of
   this chapter, power measurements for SDARS repeater transmitters may be
   made in accordance with a Commission-approved average power technique.
   Peak-to-average power ratio (PAPR) measurements for SDARS repeater
   transmitters should be made using either an instrument with
   complementary cumulative distribution function (CCDF) capabilities to
   determine that the PAPR will not exceed 13 dB for more than 0.1 percent
   of the time or another Commission approved procedure. The measurement
   must be performed using a signal corresponding to the highest PAPR
   expected during periods of continuous transmission.

   (iii) Any manufacturer of radio transmitting equipment to be used in
   these services may request equipment authorization following the
   procedures set forth in subpart J of part 2 of this chapter. Equipment
   authorization for an individual transmitter may be requested by an
   applicant for a station authorization by following the procedures set
   forth in part 2 of this chapter.

   (8) Applications for blanket authority to operate terrestrial repeaters
   must be filed using Form 312, except that Schedule B to Form 312 need
   not be filed. Such applications must also include the following
   information as an attachment:

   (i) The space station(s) with which the terrestrial repeaters will
   communicate, the frequencies and emission designators of such
   communications, and the frequencies and emission designators used by
   the repeaters to re-transmit the received signals.

   (ii) The maximum number of terrestrial repeaters that will be deployed
   under the authorization at 1) power levels equal to or less than 2-watt
   average EIRP, and 2) power levels greater than 2-watt average EIRP (up
   to 12-kW average EIRP).

   (iii) A certification of compliance with the requirements of
   § 25.144(e)(1) through (7).

   (9) SDARS terrestrial repeaters that are ineligible for blanket
   licensing must be authorized on a site-by-site basis. Applications for
   site-by-site authorization must be filed using Form 312, except that
   Schedule B need not be provided. Such applications must also include
   the following information, as an attachment:

   (i) The technical information for each repeater required to be shared
   with potentially affected WCS licensees as part of the notification
   requirement set forth in § 25.263(c)(2).

   (ii) The space station(s) with which the terrestrial repeaters will
   communicate, the frequencies and emission designators of such
   communications, and the frequencies and emission designators used by
   the repeaters to re-transmit the received signals.

   [ 62 FR 11105 , Mar. 11, 1997, as amended at  68 FR 51504 , Aug. 27, 2003;
    70 FR 32254 , June 2, 2005;  75 FR 45067 , Aug. 2, 2010]