§ 25.221   Blanket Licensing provisions for Earth Stations on Vessels (ESVs)
receiving in the 3700-4200 MHz (space-to-Earth) band and transmitting in the
5925-6425 MHz (Earth-to-space) band, operating with 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 paragraph (a)(1), (a)(2) or (a)(3) of this section and
   all of the requirements set forth in paragraphs (a)(4) through (a)(13)
   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 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 25.251, shall receive protection from such terrestrial stations in
   accordance with the coordination agreements, for 180 days, renewable
   for 180 days.

   (11) 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.

   (12) 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 electronically via
   the International Bureau Filing System
   (http://licensing.fcc.gov/myibfs/) to be placed on public notice. The
   coordination notifications must be filed in the form of a statement
   referencing the relevant call signs and file numbers. 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 must 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. As used in
   this section, "baseline" means the line from which maritime zones are
   measured. The baseline is a combination of the low-water line and
   closing lines across the mouths of inland water bodies and is defined
   by a series of baseline points that include islands and "low-water
   elevations," as determined by the U.S. Department of State's Baseline
   Committee.

   (13) 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 (2) of this section and the
   documentation identified in paragraphs (b)(3) through (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
   density level of the proposed earth station antenna in the direction of
   the plane of the GSO; the co-polarized EIRP density in the elevation
   plane, that is, the plane perpendicular to the plane of the GSO; and
   cross polarized EIRP density. In each table, the EIRP density 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 density 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 density 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 density 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 (C) of this section will be met under the
   assumption that the antenna is pointed at the target satellite. If an
   antenna proposed for use by the applicant does not comply with the
   antenna performance standards in § 25.209(a) and (b), the applicant
   must provide, as an exhibit to its application, antenna gain test plots
   pursuant to § 25.132(b)(3).

   (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) or
   (a)(3)(i) of this section shall provide the following certifications
   and demonstration(s) 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) Except for variable power ESV applicants, 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. Variable power ESV applicants shall
   provide a detailed showing that an individual ESV terminal is capable
   of automatically ceasing or reducing emissions within 100 milliseconds
   if the ESV transmitter exceeds the off-axis EIRP spectral-densities
   supplied to the target satellite operator; that the individual
   transmitter is self-monitoring and capable of shutting itself off; and
   that one or more transmitters are capable of automatically ceasing or
   reducing emissions within 100 milliseconds of receiving the appropriate
   command from the system's central control and monitoring station if the
   aggregate off-axis EIRP spectral-densities of the transmitter or
   transmitters exceed 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) An ESV applicant proposing to implement an ESV system under
   paragraph (a)(3) of this section and using variable power-density
   control of individual simultaneously transmitting co-frequency ESV
   earth stations in the same satellite receiving beam shall provide the
   information in paragraphs (b)(3)(i) and (b)(3)(ii) of this section as
   exhibits to its earth station application. The International Bureau
   will place these showings on Public Notice along with the application.

   (i) The ESV applicant shall provide a detailed showing of the measures
   it intends to employ to maintain the effective aggregate EIRP-density
   from all simultaneously transmitting co-frequency terminals operating
   with the same satellite transponder at least 1 dB below the
   EIRP-density limits defined in paragraph (a)(1)(i) of this section. In
   this context the term "effective" means that the resultant co-polarized
   and cross-polarized EIRP-density experienced by any GSO or non-GSO
   satellite shall not exceed that produced by a single ESV transmitter
   operating at 1 dB below the limits defined in paragraph (a)(1)(i) of
   this section.

   (ii) The ESV applicant shall provide a detailed showing that an
   individual ESV terminal is capable of automatically ceasing or reducing
   emissions within 100 milliseconds if the ESV transmitter exceeds the
   off-axis EIRP-density limit specified in paragraph (a)(3)(i) of this
   section and that the individual transmitter is self-monitoring and
   capable of shutting itself off. The ESV applicant shall also provide a
   detailed showing that one or more transmitters are capable of
   automatically ceasing or reducing emissions within 100 milliseconds of
   receiving the appropriate command from the system's central control and
   monitoring station if the aggregate off-axis EIRP spectral-densities of
   the transmitter or transmitters exceed the off-axis EIRP-density limits
   specified in paragraph (a)(3)(i) of this section.

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

   (5) 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.

   (6) 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.

   (7) Except for ESV systems operating pursuant to paragraph (a)(2) of
   this section, ESV systems authorized pursuant to this section shall be
   eligible for a license that lists Permitted List as an authorized point
   of communication.

   [ 74 FR 47102 , Sept. 15, 2009, as amended at  77 FR 50050 , Aug. 20, 2012;
    78 FR 8429 , Feb. 6, 2013;  78 FR 29062 , May 17, 2013;  79 FR 8324 , Feb.
   12, 2014]

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