§ 25.226   Blanket licensing provisions for domestic, U.S. VMESs operating
with GSO FSS space stations in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2
GHz, and 14.0-14.5 GHz bands.

   (a) The following ongoing requirements govern all VMES licensees and
   operations in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz
   (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz
   (Earth-to-space) bands receiving from and transmitting to geostationary
   orbit satellites in the Fixed-Satellite Service. VMES licensees shall
   comply with the requirements in either paragraph (a)(1), (a)(2) or
   (a)(3) of this section and all of the requirements set forth in
   paragraphs (a)(4) through (a)(9) and paragraphs (c), (d), and (e) of
   this section. Paragraph (b) of this section identifies items that shall
   be included in the application for VMES operations to demonstrate that
   these ongoing requirements will be met.

   (1) The following requirements shall apply to a VMES that uses
   transmitters with off-axis EIRP spectral-densities lower than or equal
   to the levels in paragraph (a)(1)(i) of this section. A VMES, or VMES
   system, operating under this section shall provide a detailed
   demonstration as described in paragraph (b)(1) of this section. The
   VMES transmitter also shall comply with the antenna pointing and
   cessation of emission requirements in paragraphs (a)(1)(ii) and
   (a)(1)(iii) of this section.

   (i)(A) Off-axis EIRP spectral density emitted in the plane tangent to
   the GSO arc, as defined in § 25.103, shall not exceed the following
   values:

   15-25logθ dBW/4 kHz for 1.5° ≤ θ ≤ 7°.
   −6        dBW/4 kHz for 7° < θ ≤ 9.2°.
   18-25logθ dBW/4 kHz for 9.2° < θ ≤ 19.1°.
   −14       dBW/4 kHz for 19.1° < θ ≤ 180°.

   Where theta (θ) is the angle in degrees from a line from the earth
   station antenna to the assigned orbital location of the target
   satellite. The EIRP density levels specified for θ > 7° may be exceeded
   by up to 3 dB in up to 10% of the range of theta (θ) angles from
   ±7-180°, and by up to 6 dB in the region of main reflector spillover
   energy.

   (B) The off-axis EIRP spectral density of co-polarized signals shall
   not exceed the following values in the plane perpendicular to the GSO
   arc, as defined in § 25.103:

   18-25logθ dBW/4 kHz for 3.0° ≤ θ ≤ 19.1°.
   −14       dBW/4 kHz for 19.1° < θ ≤ 180°.

   Where θ is as defined in paragraph (a)(1)(i)(A) of this section. These
   EIRP density levels may be exceeded by up to 6 dB in the region of main
   reflector spillover energy and in up to 10% of the range of θ angles
   not included in that region, on each side of the line from the earth
   station to the target satellite.

   (C) The EIRP density of cross-polarized signals shall not exceed the
   following values in the plane tangent to the GSO arc or in the plane
   perpendicular to the GSO arc:

   5-25logθ dBW/4 kHz for 1.8° ≤ θ ≤ 7.0°.

   Where θ is as defined in paragraph (a)(1)(i)(A) of this section.

   (ii) Except for VMES systems operating under paragraph (a)(3), each
   VMES transmitter must meet one of the following antenna pointing error
   requirements:

   (A) Each VMES transmitter shall maintain a pointing error of less than
   or equal to 0.2° between the orbital location of the target satellite
   and the axis of the main lobe of the VMES antenna, or

   (B) Each VMES transmitter shall declare a maximum antenna pointing
   error that may be greater than 0.2° provided that the VMES does not
   exceed the off-axis EIRP spectral-density limits in paragraph (a)(1)(i)
   of this section, taking into account the antenna pointing error.

   (iii) Except for VMES systems operating under paragraph (a)(3), each
   VMES transmitter must meet of one the following cessation of emission
   requirements:

   (A) For VMESs operating under paragraph (a)(1)(ii)(A) of this section,
   all emissions from the VMES shall automatically cease within 100
   milliseconds if the angle between the orbital location of the target
   satellite and the axis of the main lobe of the VMES antenna exceeds
   0.5°, and transmission shall not resume until such angle is less than
   or equal to 0.2°, or

   (B) For VMES transmitters operating under paragraph (a)(1)(ii)(B) of
   this section, all emissions from the VMES shall automatically cease
   within 100 milliseconds if the angle between the orbital location of
   the target satellite and the axis of the main lobe of the VMES antenna
   exceeds the declared maximum antenna pointing error and shall not
   resume transmissions until such angle is less than or equal to the
   declared maximum antenna pointing error.

   (2) The following requirements apply to VMES systems that operate with
   off-axis EIRP spectral-densities in excess of the levels in paragraph
   (a)(1)(i) or (a)(3)(i) of this section under licenses granted based on
   certifications filed pursuant to paragraph (b)(2) of this section.

   (i) A VMES or VMES system licensed based on certifications filed
   pursuant to paragraph (b)(2) of this section must operate in accordance
   with the off-axis EIRP density specifications provided to the target
   satellite operator in order to obtain the certifications.

   (ii) Any VMES transmitter operating under a license granted based on
   certifications filed pursuant to paragraph (b)(2) of this section must
   be self-monitoring and capable of shutting itself off and must cease or
   reduce emissions within 100 milliseconds after generating off-axis
   EIRP-density in excess of the specifications supplied to the target
   satellite operator.

   (iii) A system with variable power control of individual VMES
   transmitters must monitor the aggregate off-axis EIRP density from
   simultaneously transmitting VMES transmitters at the system's network
   control and monitoring center. If simultaneous operation of two or more
   VMES transmitters causes aggregate off-axis EIRP density to exceed the
   off-axis EIRP density specifications supplied to the target satellite
   operator, the network control and monitoring center must command those
   transmitters to cease emissions or reduce the aggregate EIRP density to
   a level at or below those specifications and the transmitters must
   comply within 100 milliseconds of receiving the command.

   (3) The following requirements apply to a VMES system that uses
   variable power control of individual VMES earth stations transmitting
   simultaneously in the same frequencies to the same target satellite,
   unless the system operates pursuant to paragraph (a)(2) of this
   section.

   (i) Aggregate EIRP density from co-frequency earth stations in each
   target satellite receiving beam, not resulting from colliding data
   bursts transmitted pursuant to a contention protocol, will not exceed
   the limits defined in paragraph (a)(1)(i) of this section.

   (ii) Each VMES transmitter must be self-monitoring and capable of
   shutting itself off and must cease or reduce emissions within 100
   milliseconds after generating off-axis EIRP density in excess of the
   limit in paragraph (a)(3)(i) of this section.

   (iii) Aggregate power density from simultaneously transmitting VMES
   transmitters must be monitored at the system's network control and
   monitoring center. If simultaneous operation of two or more
   transmitters in a VMES network causes aggregate off-axis EIRP density
   to exceed the off-axis EIRP density limit in paragraph (a)(3)(i) of
   this section, the network control and monitoring center must command
   those transmitters to cease emissions or reduce the aggregate EIRP
   density to a level at or below that limit, and those transmitters must
   comply within 100 milliseconds of receiving the command.

   (4) An applicant filing to operate a VMES terminal or system and
   planning to use a contention protocol shall certify that its contention
   protocol use will be reasonable.

   (5) There shall be a point of contact in the United States, with phone
   number and address, available 24 hours a day, seven days a week, with
   authority and ability to cease all emissions from the VMESs.

   (6) For each VMES transmitter, a record of the vehicle location (i.e.,
   latitude/longitude), transmit frequency, channel bandwidth and
   satellite used shall be time annotated and maintained for a period of
   not less than one (1) year. Records shall be recorded at time intervals
   no greater than every five (5) minutes while the VMES is transmitting.
   The VMES operator shall make this data available upon request to a
   coordinator, fixed system operator, Fixed-Satellite Service system
   operator, NTIA, or the Commission within 24 hours of the request.

   (7) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz
   (space-to-Earth) frequency bands VMESs shall not claim protection from
   interference from any authorized terrestrial stations to which
   frequencies are either already assigned, or may be assigned in the
   future.

   (8) A VMES terminal receiving in the 10.95-11.2 GHz (space-to-Earth),
   11.45-11.7 GHz (space-to-Earth) and 11.7-12.2 GHz (space-to-Earth)
   bands shall receive protection from interference caused by space
   stations other than the target space station only to the degree to
   which harmful interference would not be expected to be caused to an
   earth station employing an antenna conforming to the referenced
   patterns defined in § 25.209(a) and (b) and stationary at the location
   at which any interference occurred.

   (9) Each VMES terminal shall automatically cease transmitting upon the
   loss of synchronization or within 5 seconds upon loss of reception of
   the satellite downlink signal, whichever is the shorter timeframe.

   (b) Applications for VMES operation in the 14.0-14.5 GHz
   (Earth-to-space) band to GSO satellites in the FSS must include, in
   addition to the particulars of operation identified on FCC Form 312,
   and associated Schedule B, applicable technical demonstrations pursuant
   to paragraph (b)(1), (b)(2), or (b)(3) of this section and the
   documentation identified in paragraphs (b)(4) through (b)(8) of this
   section.

   (1) A VMES applicant proposing to implement a transmitter under
   paragraph (a)(1) of this section must provide the information required
   by § 25.115(g)(1). An applicant proposing to implement a transmitter
   under paragraph (a)(1)(ii)(A) of this section must also provide the
   certifications identified in paragraph (b)(1)(iii) of this section. An
   applicant proposing to implement a transmitter under paragraph
   (a)(1)(ii)(B) of this section must also provide the demonstrations
   identified in paragraph (b)(1)(iv) of this section.

   (i)-(ii) [Reserved]

   (iii) A VMES applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(A) of this section shall provide a certification
   from the equipment manufacturer stating that the antenna tracking
   system will maintain a pointing error of less than or equal to 0.2°
   between the orbital location of the target satellite and the axis of
   the main lobe of the VMES 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 VMES antenna exceeds 0.5°.

   (iv) A VMES applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(B) of this section shall:

   (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 VMES 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
   VMES 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
   VMES antenna is less than or equal to the declared maximum antenna
   pointing error.

   (2) An applicant proposing to operate with off-axis EIRP density in
   excess of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this
   section must provide the following in exhibits to its earth station
   application:

   (i) Off-axis EIRP density data pursuant to § 25.115(g)(1);

   (ii) The certifications required by § 25.220(d);

   (iii) A detailed showing that each VMES transmitter in the system will
   automatically cease or reduce emissions within 100 milliseconds after
   generating EIRP density exceeding specifications provided to the target
   satellite operator; and

   (iv) A detailed showing that the aggregate power density from
   simultaneously transmitting VMES transmitters will be monitored at the
   system's network control and monitoring center; that if simultaneous
   operation of two or more VMES transmitters causes the aggregate
   off-axis EIRP density to exceed the off-axis EIRP density
   specifications supplied to the target satellite operator, the network
   control and monitoring center will command those transmitters to cease
   emissions or reduce the aggregate EIRP density to a level at or below
   those specifications; and that those transmitters will comply within
   100 milliseconds of receiving the command.

   (3) An applicant proposing to implement a VMES system subject to
   paragraph (a)(3) of this section must provide the following information
   in exhibits to its earth station application:

   (i) Off-axis EIRP density data pursuant to § 25.115(g)(1);

   (ii) A detailed showing of the measures that will be employed to
   maintain aggregate EIRP density at or below the limit in paragraph
   (a)(3)(i) of this section;

   (iii) A detailed showing that each VMES terminal will automatically
   cease or reduce emissions within 100 milliseconds after generating
   off-axis EIRP density exceeding the limit in paragraph (a)(3)(i) of
   this section; and

   (iv) A detailed showing that the aggregate power density from
   simultaneously transmitting ESV transmitters will be monitored at the
   system's network control and monitoring center; that if simultaneous
   operation of two or more transmitters in the VMES network causes
   aggregate off-axis EIRP density to exceed the off-axis EIRP density
   limit in paragraph (a)(3)(i) of this section, the network control and
   monitoring center will command those transmitters to cease emissions or
   reduce the aggregate EIRP density to a level at or below that limit;
   and that those transmitters will comply within 100 milliseconds of
   receiving the command.

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

   (5) Any VMES applicant filing for a VMES terminal or system and
   planning to use a contention protocol shall include in its application
   a certification that will comply with the requirements of paragraph
   (a)(4) of this section.

   (6) The point of contact referred to in paragraph (a)(5) of this
   section shall be included in the application.

   (7) Any VMES applicant filing for a VMES terminal or system shall
   include in its application a certification that will comply with the
   requirements of paragraph (a)(6) of this section.

   (8) All VMES applicants shall submit a radio frequency hazard analysis
   determining via calculation, simulation, or field measurement whether
   VMES terminals, or classes of terminals, will produce power densities
   that will exceed the Commission's radio frequency exposure criteria.
   VMES applicants with VMES terminals that will exceed the guidelines in
   § 1.1310 of this chapter for radio frequency radiation exposure shall
   provide, with their environmental assessment, a plan for mitigation of
   radiation exposure to the extent required to meet those guidelines. All
   VMES licensees shall ensure installation of VMES terminals on vehicles
   by qualified installers who have an understanding of the antenna's
   radiation environment and the measures best suited to maximize
   protection of the general public and persons operating the vehicle and
   equipment. A VMES terminal exhibiting radiation exposure levels
   exceeding 1.0 mW/cm2 in accessible areas, such as at the exterior
   surface of the radome, shall have a label attached to the surface of
   the terminal warning about the radiation hazard and shall include
   thereon a diagram showing the regions around the terminal where the
   radiation levels could exceed 1.0 mW/cm2. All VMES applicants shall
   demonstrate that their VMES terminals are capable of automatically
   ceasing transmissions upon the loss of synchronization or within 5
   seconds upon loss of reception of the satellite downlink signal,
   whichever is the shorter timeframe.

   (9) Except for VMES systems operating pursuant to paragraphs (a)(2) and
   (a)(3)(ii) of this section, VMES systems authorized pursuant to this
   section shall be eligible for a license that lists Permitted List as an
   authorized point of communication.

   (c)(1) Operations of VMESs in the 14.0-14.2 GHz (Earth-to-space)
   frequency band within 125 km of the NASA TDRSS facilities on Guam
   (latitude 13°36′55″ N, longitude 144°51′22″ E) or White Sands, New
   Mexico (latitude 32°20′59″ N, longitude 106°36′31″ W and latitude
   32°32′40″ N, longitude 106°36′48″ W) are subject to coordination with
   the National Aeronautics and Space Administration (NASA) through the
   National Telecommunications and Information Administration (NTIA)
   Interdepartment Radio Advisory Committee (IRAC). Licensees shall notify
   the International Bureau once they have completed coordination. Upon
   receipt of such notification from a licensee, the International Bureau
   will issue a public notice stating that the licensee may commence
   operations within the coordination zone in 30 days if no party has
   opposed the operations.

   (2) When NTIA seeks to provide similar protection to future TDRSS sites
   that have been coordinated through the IRAC Frequency Assignment
   Subcommittee process, NTIA will notify the Commission's International
   Bureau that the site is nearing operational status. Upon public notice
   from the International Bureau, all Ku-band VMES licensees shall cease
   operations in the 14.0-14.2 GHz band within 125 km of the new TDRSS
   site until the licensees complete coordination with NTIA/IRAC for the
   new TDRSS facility. Licensees shall notify the International Bureau
   once they have completed coordination for the new TDRSS site. Upon
   receipt of such notification from a licensee, the International Bureau
   will issue a public notice stating that the licensee may commence
   operations within the coordination zone in 30 days if no party has
   opposed the operations. The VMES licensee then will be permitted to
   commence operations in the 14.0-14.2 GHz band within 125 km of the new
   TDRSS site, subject to any operational constraints developed in the
   coordination process.

   (d)(1) Operations of VMESs in the 14.47-14.5 GHz (Earth-to-space)
   frequency band in the vicinity of radio astronomy service (RAS)
   observatories observing in the 14.47-14.5 GHz band are subject to
   coordination with the National Science Foundation (NSF). The
   appropriate NSF contact point to initiate coordination is
   Electromagnetic Spectrum Manager, NSF, 4201 Wilson Blvd., Suite 1045,
   Arlington VA 22203, fax 703-292-9034, e-mail esm@nsf.gov. Licensees
   shall notify the International Bureau once they have completed
   coordination. Upon receipt of the coordination agreement from a
   licensee, the International Bureau will issue a public notice stating
   that the licensee may commence operations within the coordination zone
   in 30 days if no party has opposed the operations.

   (2) Table 1 provides a list of each applicable RAS site, its location,
   and the applicable coordination zone.

   Table 1—Applicable Radio Astronomy Service (RAS) Facilities and
   Associated Coordination Distances
   Observatory Latitude (north) Longitude (west) Radius (km) of
   coordination zone
   Arecibo, Observatory, Arecibo, PR 18°20′37″ 66°45′11″ Island of Puerto
   Rico.
   Green Bank, WV 38°25′59″ 79°50′23″ 160.
   Very Large Array, near Socorro, NM 34°04′44″ 107°37′06″ 160.
   Pisgah Astronomical Research Institute, Rosman, NC 35°11′59″ 82°52′19″
   160.
   U of Michigan Radio Astronomy Observatory, Stinchfield Woods, MI
   42°23′56″ 83°56′11″ 160.
   Very Long Baseline Array (VLBA) stations:
   Owens Valley, CA 37°13′54″ 118°16′37″ 160*.
   Mauna Kea, HI 19°48′05″ 155°27′20″ 50.
   Brewster, WA 48°07′52″ 119°41′00″
   Kitt Peak, AZ 31°57′23″ 111°36′45″
   Pie Town, NM 34°18′04″ 108°07′09″
   Los Alamos, NM 35°46′30″ 106°14′44″
   Fort Davis, TX 30°38′06″ 103°56′41″
   North Liberty, IA 41°46′17″ 91°34′27″
   Hancock, NH 42°56′01″ 71°59′12″
   St. Croix, VI 17°45′24″ 64°35′01″

   *Owens Valley, CA operates both a VLBA station and single-dish
   telescopes.

   (3) When NTIA seeks to provide similar protection to future RAS sites
   that have been coordinated through the IRAC Frequency Assignment
   Subcommittee process, NTIA will notify the Commission's International
   Bureau that the site is nearing operational status. Upon public notice
   from the International Bureau, all Ku-band VMES licensees shall cease
   operations in the 14.47-14.5 GHz band within the relevant geographic
   zone (160 kms for single-dish radio observatories and Very Large Array
   antenna systems and 50 kms for Very Long Baseline Array antenna
   systems) of the new RAS site until the licensees complete coordination
   for the new RAS facility. Licensees shall notify the International
   Bureau once they have completed coordination for the new RAS site and
   shall submit the coordination agreement to the Commission. Upon receipt
   of such notification from a licensee, the International Bureau will
   issue a public notice stating that the licensee may commence operations
   within the coordination zone in 30 days if no party opposed the
   operations. The VMES licensee then will be permitted to commence
   operations in the 14.47-14.5 GHz band within the relevant coordination
   distance around the new RAS site, subject to any operational
   constraints developed in the coordination process.

   (e) VMES licensees shall use Global Positioning Satellite-related or
   other similar position location technology to ensure compliance with
   paragraphs (c) and (d) of this section.

   [ 74 FR 57099 , Nov. 4, 2009, as amended at  78 FR 8429 , Feb. 6, 2013;  78 FR 9604 , Feb. 11, 2013;  79 FR 8324 , Feb. 12, 2014;  81 FR 55345 , Aug.
   18, 2016]

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