§  5.64   Special provisions for satellite systems.

   (a) Construction of proposed experimental satellite facilities may
   begin prior to Commission grant of an authorization. Such construction
   is entirely at the applicant's risk and does not entitle the applicant
   to any assurances that its proposed experiment will be subsequently
   approved or regular services subsequently authorized. The applicant
   must notify the Commission's Office of Engineering and Technology in
   writing that it plans to begin construction at its own risk.

   (b) Except where the satellite system has already been authorized by
   the FCC, applicants for an experimental authorization involving a
   satellite system must submit a description of the design and
   operational strategies the satellite system will use to mitigate
   orbital debris, including the following information:

   (1) A statement that the space station operator has assessed and
   limited the amount of debris released in a planned manner during normal
   operations, and has assessed and limited the probability of the space
   station becoming a source of debris by collisions with small debris or
   meteoroids that could cause loss of control and prevent post-mission
   disposal;

   (2) A statement that the space station operator has assessed and
   limited the probability of accidental explosions during and after
   completion of mission operations. This statement must include a
   demonstration that debris generation will not result from the
   conversion of energy sources on board the spacecraft into energy that
   fragments the spacecraft. Energy sources include chemical, pressure,
   and kinetic energy. This demonstration shall address whether stored
   energy will be removed at the spacecraft's end of life, by depleting
   residual fuel and leaving all fuel line valves open, venting any
   pressurized system, leaving all batteries in a permanent discharge
   state, and removing any remaining source of stored energy, or through
   other equivalent procedures specifically disclosed in the application;

   (3) A statement that the space station operator has assessed and
   limited the probability of the space station becoming a source of
   debris by collisions with large debris or other operational space
   stations. Where a space station will be launched into a low-Earth orbit
   that is identical, or very similar, to an orbit used by other space
   stations, the statement must include an analysis of the potential risk
   of collision and a description of what measures the space station
   operator plans to take to avoid in-orbit collisions. If the space
   station operator is relying on coordination with another system, the
   statement shall indicate what steps have been taken to contact, and
   ascertain the likelihood of successful coordination of physical
   operations with, the other system. The statement must disclose the
   accuracy--if any--with which orbital parameters of non-geostationary
   satellite orbit space stations will be maintained, including apogee,
   perigee, inclination, and the right ascension of the ascending node(s).
   In the event that a system is not able to maintain orbital tolerances,
   i.e., it lacks a propulsion system for orbital maintenance, a statement
   disclosing that fact shall be included in the debris mitigation
   disclosure. Such systems shall also indicate the anticipated evolution
   over time of the orbit of the proposed satellite or satellites. Where a
   space station operator requests the assignment of a geostationary-Earth
   orbit location, it shall assess whether there are any known satellites
   located at, or reasonably expected to be located at, the requested
   orbital location, or assigned in the vicinity of that location, such
   that the station keeping volumes of the respective satellites might
   overlap. If so, the statement shall identify those parties and describe
   the measures that will be taken to prevent collisions;

   (4) A statement detailing the post-mission disposal plans for the space
   station at end of life, including the quantity of fuel--if any--that
   will be reserved for post-mission disposal maneuvers. For
   geostationary-Earth orbit space stations, the statement shall disclose
   the altitude selected for a post-mission disposal orbit and the
   calculations that are used in deriving the disposal altitude. The
   statement shall also include a casualty risk assessment if planned
   post-mission disposal involves atmospheric re-entry of the space
   station. An assessment shall include a statement as to the likelihood
   that portions of the spacecraft will survive re-entry and reach the
   surface of the Earth, and the probability of human casualty as a
   result.

   Effective Date Note: At  78 FR 25162 , Apr. 29, 2013, § §  5.64 was
   added. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

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