§  25.146   Licensing and operating rules for the non-geostationary satellite
orbit Fixed-Satellite Service (NGSO FSS) in the 10.7 GHz-14.5 GHz bands.

   (a) A comprehensive technical showing shall be submitted for the
   proposed non-geostationary satellite orbit Fixed-Satellite Service
   (NGSO FSS) system in the 10.7-14.5 GHz bands. 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 EPFDdown , and EPFDup . 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 most recent
   version of ITU-R Recommendation S.1503, "Functional Description to be
   used in Developing Software Tools for Determining Conformity of Non-GSO
   FSS Networks with Limits Contained in Article 22 of the Radio
   Regulations." In particular, the PFD masks 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's
   life. The PFD masks shall also be in an electronic form that can be
   accessed by the computer program specified 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 EPFDdown validation limits
   is not yet available, the applicant shall provide a computer program
   for the single-entry EPFDdown validation computation, including both
   the source code and the executable file. This computer program shall be
   developed in accordance with the specification stipulated in the most
   recent version of Recommendation ITU-R S.1503. 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 additional operational equivalent power flux-density,
   in the space-to-Earth direction, (additional operational EPFD down )
   limits. (i) Provide a set of NGSO FSS earth station maximum equivalent
   isotropically radiated power (EIRP) masks as a function of the off-axis
   angle generated by an NGSO FSS earth station. The maximum EIRP mask
   shall be generated in accordance with the specification stipulated in
   the most recent version of ITU-R Recommendation S.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 an
   NGSO FSS system's life. The EIRP masks shall be in an electronic form
   that can be accessed by the computer program specified 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 EPFDup validation limits
   is not yet available, the applicant shall provide a computer program
   for the single-entry EPFDup validation computation, including both the
   source code and the executable file. This computer program shall be
   developed in accordance with the specification stipulated in the most
   recent version of Recommendation ITU-R S.1503. 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 10.7-14.5 GHz bands. The technical information shall
   demonstrate that the NGSO FSS system is expected not to operate in
   excess of the additional operational EPFDdown limits and the
   operational EPFDdown limits as specified in §  25.208(i) and (j), and
   notes 2 and 3 to Table 1L in §  25.208( l ). If the technical
   demonstration exceeds the additional operational EPFDdown limits or the
   operational EPFDdown limits at any test points within the United States
   for domestic service and at any test points outside of the United
   States 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 PFD masks could be
   generated by using the method specified in the most recent version of
   ITU-R Recommendation S.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 PFD 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 EPFDdown verification computation, including both the
   source code and the executable file. This computer program could be
   developed by using the method specified in the most recent version of
   ITU-R Recommendation S.1503.

   (iv) Identify and describe in detail the necessary input parameters for
   the execution of the additional operational EPFDdown 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 (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
   Broadcasting-Satellite Service operators in the 10.7-14.5 GHz bands.
   Each U.S.-licensed geostationary satellite orbit Fixed-Satellite
   Service and Broadcasting-Satellite Service operator in the 10.7-14.5
   GHz bands 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 10.7-14.5 GHz bands during the
   upcoming year.

   (2) Operational equivalent power flux-density, space-to-Earth
   direction, (operational EPFDdown ) 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 EPFDdown 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 Broadcasting-Satellite
   Service operators in the 10.7- 14.5 GHz bands. Each U.S.-licensed
   geostationary satellite orbit Fixed-Satellite Service and
   Broadcasting-Satellite Service operator in the 10.7-14.5 GHz bands 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 10.7-14.5 GHz bands 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 (b) as well as certifying
   the status of the additional operational EPFDdown levels into the 3 m
   and 10 m geostationary satellite orbit Fixed-Satellite Service
   receiving Earth station antennas, the operational EPFDdown 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 EPFDdown levels into the 180 cm geostationary satellite
   orbit Broadcasting-Satellite Service receiving Earth station antennas
   in Hawaii and 240 cm geostationary satellite orbit
   Broadcasting-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) An 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 Article 22.2 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 part 25 of this chapter 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 EPFDdown
   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
   EPFDdown 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 is capable of providing
   Fixed-Satellite Services to all locations as far north as 70DEG North
   Latitude and as far south as 55DEG South 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 antenna gain patterns, and NGSO earth station antenna gain
   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 PFD 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.4 of Annex
   2A to Appendix 4 of the ITU Radio Regulations (2008). Further, each
   NGSO FSS applicant must provide a sufficient technical showing to
   demonstrate that the proposed non-geostationary satellite orbit system
   meets the PFD 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;
    78 FR 8423 , Feb. 6, 2013]

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