Sec.  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
    Sec. 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, (EPFDdown) 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, EPFDup 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  Sec. 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 EPFDdown) 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  Sec. 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  Sec. 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  Sec. 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  Sec. 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  Sec. 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
    Sec. 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]

   Effective Date Note:   At  68 FR 43946 , July 25, 2003,  Sec. 25.146 was amended by
   redesignating paragraphs (g) through (m) as paragraphs (h) through (n) and
   by adding a new paragraph (g). This paragraph contains information
   collection and recordkeeping requirements and will not become effective
   until approval has been given by the Office of Management and Budget.