§  25.146   Licensing and operating authorization provisions for the
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in the
bands 10.7 GHz to 14.5 GHz.

   (a) A comprehensive technical showing shall be submitted for the
   proposed non-geostationary satellite orbit fixed-satellite service
   (NGSO FSS) system in the bands 10.7 GHz to 14.5 GHz. The technical
   information shall demonstrate that the proposed NGSO FSS system would
   not exceed the validation equivalent power flux-density (EPFD) limits
   as specified in § 25.208 (g), (k), and (l) for EPFD[down], and
   EPFD[up]. If the technical demonstration exceeds the validation EPFD
   limits at any test points within the U.S. for domestic service and at
   any points outside of the U.S. for international service or at any
   points in the geostationary satellite orbit, as appropriate, the
   application would be unacceptable for filing and will be returned to
   the applicant with a brief statement identifying the non-compliance
   technical demonstration. The technical showing consists of the
   following:

   (1) Single-entry validation equivalent power flux-density, in the
   space-to-Earth direction, (EPFD down) limits . (i) Provide a set of
   power flux-density (pfd) masks, on the surface of the Earth, for each
   space station in the NGSO FSS system. The pfd masks shall be generated
   in accordance with the specification stipulated in the ITU-R
   Recommendation BO.1503, "Functional Description to be used in
   Developing Software Tools for Determining Conformity of Non-GSO FSS
   Networks with Limits Contained in Article S22 of the Radio
   Regulations." In particular, the pfd mask must encompass the power
   flux-density radiated by the space station regardless of the satellite
   transmitter power resource allocation and traffic/beam switching
   strategy that are used at different periods of a NGSO FSS system life.
   The pfd masks shall also be in an electronic form that can be accessed
   by the computer program contained in paragraph (a)(1)(iii) of this
   section.

   (ii) Identify and describe in detail the assumptions and conditions
   used in generating the power flux-density masks.

   (iii) If a computer program that has been approved by the ITU for
   determining compliance with the single-entry EPFD[down]validation
   limits is not yet available, the applicant shall provide a computer
   program for the single-entry EPFD[down]validation computation,
   including both the source code and the executable file. This computer
   program shall be developed in accordance with the specification
   stipulated in Recommendation ITU-R S.1503 (2000). If the applicant uses
   the ITU approved software, the applicant shall indicate the program
   name and the version used.

   (iv) Identify and describe in detail the necessary input parameters for
   the execution of the computer program identified in paragraph
   (a)(1)(iii) of this section.

   (v) Provide the result, the cumulative probability distribution
   function of EPFD, of the execution of the computer program described in
   paragraph (a)(1)(iii) of this section by using only the input
   parameters contained in paragraphs (a)(1)(i) and (a)(1)(iv) of this
   section.

   (2) Single-entry validation equivalent power flux-density, in the
   Earth-to-space direction, EPFD up limits . (i) Provide a set of NGSO
   FSS earth station maximum equivalent isotropically radiated power
   (e.i.r.p.) mask as a function of the off-axis angle generated by a NGSO
   FSS earth station. The maximum e.i.r.p. mask shall be generated in
   accordance with the specification stipulated in the ITU-R
   Recommendation BO.1503. In particular, the results of calculations
   encompass what would be radiated regardless of the earth station
   transmitter power resource allocation and traffic/beam switching
   strategy are used at different periods of a NGSO FSS system life. The
   e.i.r.p. masks shall also be in an electronic form that can be accessed
   by the computer program contained in paragraph (a)(2)(iii) of this
   section.

   (ii) Identify and describe in detail the assumptions and conditions
   used in generating the maximum earth station e.i.r.p. mask.

   (iii) If a computer program that has been approved by the ITU for
   determining compliance with the single-entry EPFD[up]validation limits
   is not yet available, the applicant shall provide a computer program
   for the single-entry EPFD[up]validation computation, including both the
   source code and the executable file. This computer program shall be
   developed in accordance with the specification stipulated in
   Recommendation ITU-R S.1503 (2000). If the applicant uses the ITU
   approved software, the applicant shall indicate the program name and
   the version used.

   (iv) Identify and describe in detail the necessary input parameters for
   the execution of the computer program identified in paragraph
   (a)(2)(iii) of this section.

   (v) Provide the result of the execution of the computer program
   described in paragraph (a)(2)(iii) of this section by using only the
   input parameters contained in paragraphs (a)(2)(i) and (a)(2)(iv) of
   this section.

   (b) Ninety days prior to the initiation of service to the public, the
   NGSO FSS system licensee shall submit a comprehensive technical showing
   for the non-geostationary satellite orbit fixed-satellite service (NGSO
   FSS) system in the bands 10.7 GHz to 14.5 GHz. The technical
   information shall demonstrate that the NGSO FSS system is expected not
   to operate in excess of the additional operational EPFD[down]limits and
   the operational EPFD[down]limits as specified in § 25.208 (i), (j) and
   notes 2 and 3 to the table in paragraph (l). If the technical
   demonstration exceeds the additional operational EPFD[down]limits or
   the operational EPFD[down]limits at any test points with the U.S. for
   domestic service and at any test points out side of the U.S. for
   international service, the NGSO FSS system licensee shall not initiate
   service to the public until the deficiency has been rectified by
   reducing satellite transmission power or other adjustments. This must
   be substantiated by subsequent technical showings. The technical
   showings consist of the following:

   (1) Single-entry additional operational equivalent power flux-density,
   in the space-to-Earth direction, (additional operational EPFD down )
   limits. (i) Provide a set of anticipated operational power flux-density
   (pfd) masks, on the surface of the Earth, for each space station in the
   NGSO FSS system. The anticipated operational power flux-density masks
   could be generated by using the method specified in ITU-R
   Recommendation BO.1503. In particular, the anticipated operational pfd
   mask shall take into account the expected maximum traffic loading
   distributions and geographic specific scheduling of the actual measured
   space station antenna patterns (see § 25.210(k)). The anticipated
   operational power flux-density masks shall also be in an electronic
   form that can be accessed by the computer program contained in
   paragraph (b)(1)(iii) of this section.

   (ii) Identify and describe in detail the assumptions and conditions
   used in generating the anticipated operational power flux-density
   masks.

   (iii) Provide a computer program for the single-entry additional
   operational EPFD[down]verification computation, including both the
   source code and the executable file. This computer program could be
   developed by using the method specified in ITU-R Recommendation
   BO.1503.

   (iv) Identify and describe in detail the necessary input parameters for
   the execution of the additional operational EPFD[down]verification
   computer program identified in paragraph (b)(1)(iii) of this section.

   (v) Provide the result, the cumulative probability distribution
   function of EPFD, of the execution of the verification computer program
   described in paragraph (b)(1)(iii) of this section by using only the
   input parameters contained in paragraphs (b)(1)(i) and (b)(1)(iv) of
   this section for each of the submitted test points provided by the
   Commission. These test points are based on information from
   U.S.-licensed geostationary satellite orbit fixed-satellite service and
   broadcast satellite service operators in the bands 10.7 GHz to 14.5
   GHz. Each U.S.-licensed geostationary satellite orbit fixed satellite
   service and broadcast satellite service operator in the bands 10.7 GHz
   to 14.5 GHz may submit up to 10 test points for this section containing
   the latitude, longitude, altitude, azimuth, elevation angle, antenna
   size, efficiency to be used by non-geostationary satellite orbit
   fixed-satellite service licensees in the bands 10.7 GHz to 14.5 GHz
   during the upcoming year.

   (2) Operational equivalent power flux-density, space-to-Earth
   direction, (operational EPFD[down]) limits. Using the information
   contained in (b)(1) of this section plus the measured space station
   antenna patterns, provide the result of the execution of the computer
   simulation for the anticipated in-line operational EPFD[down]levels for
   each of the submitted test points provided by the Commission. Submitted
   test points are based on inputs from U.S.-licensed geostationary
   satellite orbit fixed-satellite service and broadcast satellite service
   operators in the bands 10.7 GHz to 14.5 GHz. Each U.S.-licensed
   geostationary satellite orbit fixed-satellite service and broadcast
   satellite service operator in the bands 10.7 GHz to 14.5 GHz may submit
   up to 10 test points for this section containing the latitude,
   longitude, altitude, azimuth, elevation angle, antenna size, efficiency
   to be used by non-geostationary satellite orbit fixed-satellite service
   licensees in the bands 10.7 GHz to 14.5 GHz during the upcoming year.

   (c) The NGSO FSS system licensee shall, on June 30 of each year, file a
   report with the International Bureau and the Commission's Columbia
   Operations Center in Columbia, Maryland, certifying that the system
   continues to operate within the bounds of the masks and other input
   parameters specified under 25.146(a) and 25.146(b) as well as
   certifying the status of the additional operational EPFD[down]levels
   into the 3 m and 10 m geostationary satellite orbit fixed-satellite
   service receiving Earth station antennas, the operational
   EPFD[down]levels into the 3 m, 4.5 m, 6.2 m and 10 m geostationary
   satellite orbit fixed-satellite service receiving Earth station
   antennas and the operational EPFD[down]levels into the 180 cm
   geostationary satellite orbit broadcast satellite service receiving
   Earth station antennas in Hawaii and 240 cm geostationary satellite
   orbit broadcast satellite service receiving Earth station antennas in
   Alaska.

   (d) The Commission may request at any time additional information from
   the NGSO FSS system applicant or licensee concerning the EPFD levels
   and the related technical showings.

   (e) A NGSO FSS system licensee operating a system in compliance with
   the limits specified in § 25.208 (g), (i), (j), (k), (l) and (m) shall
   be considered as having fulfilled its obligations under ITU Radio
   Regulations provision S22.2 with respect to any GSO network. However,
   such NGSO FSS system shall not claim protection from GSO FSS and BSS
   networks operating in accordance with this part 25 or part 100 of this
   chapter, respectively, and the ITU Radio Regulations.

   (f) Coordination will be required between NGSO FSS systems and GSO FSS
   earth stations in the frequency band 10.7-12.75 GHz when all of the
   following threshold conditions are met:

   (1) Bandwidth overlap; and

   (2) The satellite network using the GSO has specific receive earth
   stations which meet all of the following conditions: earth station
   antenna maximum isotropic gain greater than or equal to 64 dBi; G/T of
   44 dB/K or higher; and emission bandwidth of 250 MHz; and the
   EPFD[down]radiated by the satellite system using the NGSO into the GSO
   specific receive earth station, either within the U.S. for domestic
   service or any points outside the U.S. for international service, as
   calculated using the ITU software for examining compliance with EPFD
   limits set forth in Article 22 of the ITU Radio Regulations exceeds
   -174.5 dB(W/(m2/40kHz)) for any percentage of time for NGSO systems
   with all satellites only operating at or below 2500 km altitude, or
   -202 dB(W/(m2/40kHz)) for any percentage of time for NGSO systems with
   any satellites operating above 2500 km altitude.

   (3) If there is no ITU software for examining compliance with EPFD
   limits set forth in Article 22 of the ITU Radio Regulations, then the
   EPFD[down]coordination trigger is suspended and the requirement for
   coordination will be based on bandwidth overlap and the satellite
   network using the GSO has specific receive earth stations which meet
   all of the following conditions: earth station antenna maximum
   isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K or
   higher; and emission bandwidth of 250 MHz.

   (g) Operational power flux density, space-to-Earth direction, limits.
   Ninety days prior to the initiation of service to the public, the NGSO
   FSS system licensee shall submit a technical showing for the NGSO FSS
   system in the band 12.2-12.7 GHz. The technical information shall
   demonstrate that the NGSO FSS system is capable of meeting the limits
   as specified in § 25.208(o). Licensees may not provide service to the
   public if they fail to demonstrate compliance with the PFD limits.

   (h) System License. Applicants authorized to construct and launch a
   system of technically identical non-geostationary satellite orbit fixed
   satellite service satellites will be awarded a single "blanket" license
   covering a specified number of space stations to operate in a specified
   number of orbital planes.

   (i) In addition to providing the information specified in § 25.114,
   each NGSO FSS applicant shall provide the following:

   (1) A demonstration that the proposed system is capable of providing
   fixed-satellite services on a continuous basis throughout the fifty
   states, Puerto Rico and the U.S. Virgin Islands, U.S.; and

   (2) A demonstration that the proposed system be capable of providing
   fixed-satellite services to all locations as far north as 70 deg.
   latitude and as far south as 55 deg. latitude for at least 75 percent
   of every 24-hour period; and

   (3) Sufficient information on the NGSO FSS system characteristics to
   properly model the system in computer sharing simulations, including,
   at a minimum, NGSO hand-over and satellite switching strategies, NGSO
   satellite beam patterns, NGSO satellite antenna patterns and NGSO earth
   station antenna patterns. In particular, each NGSO FSS applicant must
   explain the switching protocols it uses to avoid transmitting while
   passing through the geostationary satellite orbit arc, or provide an
   explanation as to how the power-flux density limits in § 25.208 are met
   without using geostationary satellite orbit arc avoidance. In addition,
   each NGSO FSS applicant must provide the orbital parameters contained
   in Section A.3 of Annex 1 to Resolution 46. Further, each NGSO FSS
   applicant must provide a sufficient technical showing to demonstrate
   that the proposed non-geostationary satellite orbit system meets the
   power-flux density limits contained in § 25.208, as applicable, and

   (4) [Reserved]

   (j) [Reserved]

   (k) Implementation Milestone Schedule. Each NGSO FSS licensee in the
   10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands will
   be required to enter into a non-contingent satellite manufacturing
   contract for the system within one year of authorization, to complete
   critical design review within two years of authorization, to begin
   physical construction of all satellites in the system within two and a
   half years of authorization, to complete construction and launch of the
   first two satellites within three and a half years of grant, and to
   launch and operate its entire authorized system within six years of
   authorization. Each NGSO FSS licensee in the 10.7-12.7 GHz, 12.75-13.25
   GHz and 13.75-14.5 GHz frequency bands must submit certifications of
   milestone compliance within 10 days following a milestone specified in
   its authorization.

   (l) Reporting Requirements. All NGSO FSS licensees in the 10.7-12.7
   GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands shall, on June
   30th of the first year following launch of the first two space stations
   in their system, and annually thereafter, 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) 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.

   (m) Replacement of Space Stations within the System License Term.
   Licensees of NGSO FSS systems in the 10.7-12.7 GHz, 12.75-13.25 GHz and
   13.75-14.5 GHz frequency bands authorized through a blanket license
   pursuant to paragraph (g) of this section need not file separate
   applications to launch and operate technically identical replacement
   satellites within the term of the system authorization. However, the
   licensee shall certify to the Commission, at least thirty days prior to
   launch of such replacement(s) that:

   (1) The licensee intends to launch a space station into the
   previously-authorized orbit that is technically identical to those
   authorized in its system authorization and

   (2) Launch of this space station will not cause the licensee to exceed
   the total number of operating space stations authorized by the
   Commission.

   (n) In-Orbit Spares. Licensees need not file separate applications to
   operate technically identical in-orbit spares authorized as part of the
   blanket license pursuant to paragraph (g) of this section. However, the
   licensee shall certify to the Commission, within 10 days of bringing
   the in-orbit spare into operation, that operation of this space station
   did not cause the licensee to exceed the total number of operating
   space stations authorized by the Commission.

   [ 66 FR 10619 , Feb. 16, 2001, as amended at  67 FR 53510 , Aug. 16, 2002;
    68 FR 16447 , Apr. 4, 2003;  68 FR 43946 , July 25, 2003;  68 FR 51505 ,
   Aug. 27, 2003;  69 FR 31302 , June 3, 2004;  70 FR 59277 , Oct. 12, 2005]