Sec. 25.142  Licensing provisions for the non-voice, non-geostationary 
          mobile-satellite service.

    (a) Space station application requirements. (1) Each application for 
a space station system authorization in the non-voice, non-geostationary 
mobile-satellite service shall describe in detail the proposed non-
voice, non-geostationary mobile-satellite system, setting forth all 
pertinent technical and operational aspects of the system, and the 
technical, legal, and financial qualifications of the applicant. In 
particular, each application shall include the information specified in 
Sec. 25.114, except that in lieu of the information concerning orbital 
locations requested in Sec. 25.114(c)(6), the applicant shall specify 
the number of space stations and applicable information relating to the 
altitude(s), argument(s) of perigee, service arc(s), right ascension of 
ascending node(s), eccentricity, and inclination of the space stations 
(all referenced to the same time) that will comprise its system. 
Applicants must also file information demonstrating compliance with all 
requirements of this section, and showing, based on existing system 
information publicly available at the Commission at the time of filing, 
that they will not cause unacceptable interference to any non-voice, 
non-geostationary mobile-satellite service system authorized to 
construct or operate.
    (2) Applicants for a non-voice, non-geostationary mobile-satellite 
must identify the power flux density produced at the Earth's surface by 
each space station of their system in the frequency bands 137-138 MHz 
and 400.15-401 MHz, to allow determination of whether coordination with 
terrestrial services is required under international footnotes 599A and 
647B of Sec. 2.106 of the Commission's Rules. In addition, applicants 
must identify the measures they

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would employ to protect the radio astronomy service in the 150.05-153 
MHz and 406.1-410 MHz bands from harmful interference from unwanted 
emissions.
    (3) Emission limitations. (i) Applicants in the non-voice, non-
geostationary mobile-satellite service shall show that their space 
stations will not exceed the emission limitations of Sec. 25.202(f) (1), 
(2) and (3), as calculated for a fixed point on the Earth's surface in 
the plane of the space station's orbit, considering the worst-case 
frequency tolerance of all frequency determining components, and maximum 
positive and negative Doppler shift of both the uplink and downlink 
signals, taking into account the system design.
    (ii) Applicants in the non-voice, non-geostationary mobile-satellite 
service shall show that no signal received by their satellites from 
sources outside of their system shall be retransmitted with a power flux 
density level, in the worst 4 kHz, higher than the level described by 
the applicants in paragraph (a)(2) of this section.
    (4) Financial qualifications. Each applicant for space station 
system authorization in the non-voice, non-geostationary mobile-
satellite service must demonstrate, on the basis of the documentation 
contained in its application, that it is financially qualified to 
proceed expeditiously with the construction, launch and operation for 
one year of the first two space stations of its proposed system 
immediately upon grant of the requested authorization. Failure to make 
such a showing will result in the dismissal of the application. This 
showing shall include all information described in Sec. 25.140 (c), (d) 
and (e).
    (5) Replacement of space stations within the system license term. 
The licensee need not file separate applications to construct, 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:
    (i) The licensee intends to launch a space station that is 
technically identical to those authorized in its system license, and
    (ii) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (b) Operating conditions. In order to ensure compatible operations 
with authorized users in the frequency bands to be utilized for 
operations in the non-voice, non-geostationary mobile-satellite service, 
non-voice, non-geostationary mobile-satellite service systems must 
operate in accordance with the conditions specified in this section.
    (1) Service limitation. Voice services may not be provided.
    (2) Coordination requirements with Federal government users.
    (i) The frequency bands allocated for use by the non-voice, non-
geostationary mobile-satellite service are also authorized for use by 
agencies of the Federal government. The Federal use of frequencies in 
the non-voice, non-geostationary mobile-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal government users under the jurisdiction of 
NTIA and non-voice, non-geostationary mobile-satellite service systems 
(including user transceivers subject to blanket licensing under 
Sec. 25.115(d)) through the frequency assignment and coordination 
practices established by NTIA and the Interdepartment Radio Advisory 
Committee (IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the Federal 
government use of the spectrum, and any additional information requested 
by the Commission. As part of the coordination process, applicants shall 
show that they will not cause unacceptable interference to authorized 
Federal government users, based upon existing system information 
provided by the Government. The frequency assignment and coordination of 
the satellite system with Federal government users shall be

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completed prior to grant of construction authorization.
    (iii) The Commission shall also coordinate with NTIA/IRAC with 
regard to the frequencies to be shared by those earth stations of non-
voice, non-geostationary mobile-satellite service systems that are not 
subject to blanket licensing under Sec. 25.115(d), and authorized 
Federal government stations in the fixed and mobile services, through 
the exchange of appropriate systems information.
    (3) Coordination among non-voice, non-geostationary mobile-satellite 
service systems. Applicants for authority to establish non-voice, non-
geostationary mobile-satellite service systems are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the non-voice, non-geostationary mobile-satellite service 
whose facilities could be affected by the new proposal in terms of 
frequency interference or restricted system capacity. All affected 
applicants, permittees, and licensees shall, at the direction of the 
Commission, cooperate fully and make every reasonable effort to resolve 
technical problems and conflicts that may inhibit effective and 
efficient use of the radio spectrum; however, the permittee or licensee 
being coordinated with is not obligated to suggest changes or re-
engineer an applicant's proposal in cases involving conflicts.
    (4) Safety and distress communications. Stations operating in the 
non-voice, non-geostationary mobile-satellite service that are used to 
comply with any statutory or regulatory equipment carriage requirements 
may also be subject to the provisions of sections 321(b) and 359 of the 
Communications Act of 1934, as amended. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibit a charge for the transmission of maritime 
distress calls and related traffic.
    (c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of each 
year, file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31st of that year:
    (1) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages;
    (2) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for domestic transmission, the 
amount of capacity (if any) sold but not in service, and the amount of 
unused system capacity; and
    (3) Identification of any space stations 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.
[ 58 FR 68060 , Dec. 23, 1993, as amended at  62 FR 5930 , Feb. 10, 1997]