§ 25.149   Application requirements for ancillary terrestrial components in
Mobile-Satellite Service networks operating in the 1.5./1.6 GHz and 1.6/2.4
GHz Mobile-Satellite Service.

   (a) Applicants for ancillary terrestrial component authority shall
   demonstrate that the applicant does or will comply with the following
   through certification or explanatory technical exhibit, as appropriate:

   (1) ATC shall be deployed in the forward-band mode of operation whereby
   the ATC mobile terminals transmit in the MSS uplink bands and the ATC
   base stations transmit in the MSS downlink bands in portions of the
   1626.5-1660.5 MHz/1525-1559 MHz bands (L-band) and the 1610-1626.5
   MHz/2483.5-2500 MHz bands.

   Note to paragraph (a)(1): An L-band MSS licensee is permitted to apply
   for ATC authorization based on a non-forward-band mode of operation
   provided it is able to demonstrate that the use of a non-forward-band
   mode of operation would produce no greater potential interference than
   that produced as a result of implementing the rules of this section. A
   1.6/2.4 GHz band licensee is permitted to apply for ATC authorization
   on a non-forward-band mode of operation where the equipment deployed
   will meet the requirements of paragraph (c)(4) of this section.

   (2) ATC operations shall be limited to certain frequencies:

   (i) [Reserved]

   (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC
   operations are limited to the frequency assignments authorized and
   internationally coordinated for the MSS system of the MSS licensee that
   seeks ATC authority.

   (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands, ATC operations are
   limited to the 1610-1617.775 MHz, 1621.35-1626.5 MHz, and 2483.5-2495
   MHz bands and to the specific frequencies authorized for use by the MSS
   licensee that seeks ATC authority.

   (3) ATC operations shall not exceed the geographical coverage area of
   the Mobile-Satellite Service network of the applicant for ATC
   authority.

   (4) ATC base stations shall comply with all applicable antenna and
   structural clearance requirements established in part 17 of this
   chapter.

   (5) ATC base stations and mobile terminals shall comply with part 1 of
   this chapter, Subpart I—Procedures Implementing the National
   Environmental Policy Act of 1969, including the guidelines for human
   exposure to radio frequency electromagnetic fields as defined in
   § § 1.1307(b) and 1.1310 of this chapter for PCS networks.

   (6) ATC base station operations shall use less than all available MSS
   frequencies when using all available frequencies for ATC base station
   operations would exclude otherwise available signals from MSS
   space-stations.

   (b) Applicants for an ancillary terrestrial component shall demonstrate
   that the applicant does or will comply with the following criteria
   through certification:

   (1) Geographic and temporal coverage. (i) [Reserved]

   (ii) For the L-band, an applicant must demonstrate that it can provide
   space-segment service covering all 50 states, Puerto Rico, and the U.S.
   Virgin Islands one-hundred percent of the time, unless it is not
   technically possible for the MSS operator to meet the coverage criteria
   from its orbital position.

   (iii) For the 1.6/2.4 GHz Mobile-Satellite Service bands, an applicant
   must demonstrate that it can provide space-segment service to all
   locations as far north as 70° North latitude and as far south as 55°
   South latitude for at least seventy-five percent of every 24-hour
   period, i.e., that at least one satellite will be visible above the
   horizon at an elevation angle of at least 5° for at least 18 hours each
   day, and on a continuous basis throughout the fifty states, Puerto Rico
   and the U.S. Virgin Islands, i.e., that at least one satellite will be
   visible above the horizon at an elevation angle of at least 5° at all
   times.

   (2) Replacement satellites. (i) Operational NGSO MSS ATC systems shall
   maintain an in-orbit spare satellite.

   (ii) Operational GSO MSS ATC systems shall maintain a spare satellite
   on the ground within one year of commencing operations and launch it
   into orbit during the next commercially reasonable launch window
   following a satellite failure.

   (iii) All MSS ATC licensees must report any satellite failures,
   malfunctions or outages that may require satellite replacement within
   ten days of their occurrence.

   (3) Commercial availability. Mobile-satellite service must be
   commercially available (viz., offering services for a fee) in
   accordance with the coverage requirements that pertain to each band as
   a prerequisite to an MSS licensee's offering ATC service.

   (4) Integrated services. MSS ATC licensees shall offer an integrated
   service of MSS and MSS ATC. Applicants for MSS ATC may establish an
   integrated service offering by affirmatively demonstrating that:

   (i) The MSS ATC operator will use a dual-mode handset that can
   communicate with both the MSS network and the MSS ATC component to
   provide the proposed ATC service; or

   (ii) Other evidence establishing that the MSS ATC operator will provide
   an integrated service offering to the public.

   (5) In-band operation. (i) [Reserved]

   (ii) In the 1.6/2.4 GHz Mobile-Satellite Service bands, MSS ATC is
   limited to no more than 7.775 MHz of spectrum in the L-band and 11.5
   MHz of spectrum in the S-band. Licensees in these bands may implement
   ATC only on those channels on which MSS is authorized, consistent with
   the 1.6/2.4 GHz Mobile-Satellite Service band-sharing arrangement.

   (iii) In the L-band, MSS ATC is limited to those frequency assignments
   available for MSS use in accordance with the Mexico City Memorandum of
   Understanding, its successor agreements or the result of other
   organized efforts of international coordination.

   (c) Equipment certification. (1) Each ATC mobile station utilized for
   operation under this part and each transmitter marketed, as set forth
   in § 2.803 of this chapter, must be of a type that has been authorized
   by the Commission under its certification procedure for use under this
   part.

   (2) Any manufacturer of radio transmitting equipment to be used in
   these services may request equipment authorization following the
   procedures set forth in subpart J of part 2 of this chapter. Equipment
   authorization for an individual transmitter may be requested by an
   applicant for a station authorization by following the procedures set
   forth in part 2 of this chapter.

   (3) Licensees and manufacturers are subject to the radiofrequency
   radiation exposure requirements specified in § § 1.1307(b), 2.1091, and
   2.1093 of this chapter, as appropriate. ATC base stations must comply
   with the requirements specified in § 1.1307(b) of this chapter for PCS
   base stations. ATC mobile stations must comply with the requirements
   specified for mobile and portable PCS transmitting devices in
   § 1.1307(b) of this chapter. ATC mobile terminals must also comply with
   the requirements in § § 2.1091 and 2.1093 of this chapter for Satellite
   Communications Services devices. Applications for equipment
   authorization of ATC mobile or portable devices operating under this
   section must contain a statement confirming compliance with these
   requirements for both fundamental emissions and unwanted emissions.
   Technical information showing the basis for this statement must be
   submitted to the Commission upon request.

   (4) Applications for equipment authorization of terrestrial low-power
   system equipment that will operate in the 2483.5-2495 MHz band shall
   demonstrate the following:

   (i) The transmitted signal is digitally modulated;

   (ii) The 6 dB bandwidth is at least 500 kHz;

   (iii) The maximum transmit power is no more than 1 W with a peak EIRP
   of no more than 6 dBW;

   (iv) The maximum power spectral density conducted to the antenna is not
   greater than 8 dBm in any 3 kHz band during any time interval of
   continuous transmission;

   (v) Emissions below 2483.5 MHz are attenuated below the transmitter
   power (P) measured in watts by a factor of at least 40 + 10 log (P) dB
   at the channel edge at 2483.5 MHz, 43 + 10 log (P) dB at 5 MHz from the
   channel edge, and 55 + 10 log (P) dB at X MHz from the channel edge
   where X is the greater of 6 MHz or the actual emission bandwidth.

   (vi) Emissions above 2495 MHz are attenuated below the transmitter
   power (P) measured in watts by a factor of at least 43 + 10 log (P) dB
   on all frequencies between the channel edge at 2495 MHz and X MHz from
   this channel edge and 55 + 10 log (P) dB on all frequencies more than X
   MHz from this channel edge, where X is the greater of 6 MHz or the
   actual emission bandwidth;

   (vii) Compliance with these rules is based on the use of measurement
   instrumentation employing a resolution bandwidth of 1 MHz or greater.
   However, in the 1 MHz bands immediately above and adjacent to the 2495
   MHz a resolution bandwidth of at least 1 percent of the emission
   bandwidth of the fundamental emission of the transmitter may be
   employed. If 1 percent of the emission bandwidth of the fundamental
   emission is less than 1 MHz, the power measured must be integrated over
   the required measurement bandwidth of 1 MHz. A resolution bandwidth
   narrower than 1 MHz is permitted to improve measurement accuracy,
   provided the measured power is integrated over the full required
   measurement bandwidth (i.e., 1 MHz). The emission bandwidth of the
   fundamental emission of a transmitter is defined as the width of the
   signal between two points, one below the carrier center frequency and
   one above the carrier center frequency, outside of which all emissions
   are attenuated at least 26 dB below the transmitter power. When an
   emission outside of the authorized bandwidth causes harmful
   interference, the Commission may, at its discretion, require greater
   attenuation than specified in this section; and

   Note to paragraph (c)(4): Systems meeting the requirements set forth in
   this section are deemed to have also met the requirements of § 25.254(a)
   through (d). No further demonstration is needed for these systems with
   respect to § 25.254(a)-(d).

   (d) Applicants for an ancillary terrestrial component authority shall
   demonstrate that the applicant does or will comply with the provisions
   of § 1.924 of this chapter and § § 25.203(e) through 25.203(g) and with
   § 25.253 or § 25.254, as appropriate, through certification or
   explanatory technical exhibit.

   (e) Except as provided for in paragraphs (f) and (g) of this section,
   no application for an ancillary terrestrial component shall be granted
   until the applicant has demonstrated actual compliance with the
   provisions of paragraph (b) of this section. Upon receipt of ATC
   authority, all ATC licensees shall ensure continued compliance with
   this section and § 25.253 or § 25.254, as appropriate.

   (f) Special provision for operational MSS systems. Applicants for MSS
   ATC authority with operational MSS systems that are in actual
   compliance with the requirements prescribed in paragraphs (b)(1),
   (b)(2), and (b)(3) of this section at the time of application may elect
   to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this
   section prospectively by providing a substantial showing in its
   certification regarding how the applicant will comply with the
   requirements of paragraphs (b)(4) and (b)(5) of this section.
   Notwithstanding § 25.117(f) and paragraph (e) of this section, the
   Commission may grant an application for ATC authority based on such a
   prospective substantial showing if the Commission finds that operations
   consistent with the substantial showing will result in actual
   compliance with the requirements prescribed in paragraphs (b)(4) and
   (b)(5) of this section. An MSS ATC applicant that receives a grant of
   ATC authority pursuant to this paragraph (f) shall notify the
   Commission within 30 days once it begins providing ATC service. This
   notification must take the form of a letter formally filed with the
   Commission in the appropriate MSS license docket and shall contain a
   certification that the MSS ATC service is consistent with its ATC
   authority.

   (g) Special provisions for terrestrial low-power systems in the
   2483.5-2495 MHz band. (1) An operational MSS system that applies for
   authority to deploy ATC in the 2483.5-2495 MHz band for terrestrial
   low-power operations satisfying the equipment certification
   requirements of paragraph (c)(4) of this section is not required to
   demonstrate compliance with paragraph (b) of this section, except to
   demonstrate the commercial availability of MSS, without regard to
   coverage requirements.

   (2) An ATC licensee seeking to modify its license to add authority to
   operate a terrestrial low-power network shall certify in its
   modification application that its operations will utilize a Network
   Operating System (NOS), consisting of a network management system
   located at an operations center or centers. The NOS shall have the
   technical capability to address and resolve interference issues related
   to the licensee's network operations by reducing operational power;
   adjusting operational frequencies; shutting off operations; or any
   other appropriate means. The NOS shall also have the ability to resolve
   interference from the terrestrial low-power network to the licensee's
   MSS operations and to authorize access points to the network, which in
   turn may authorize access to the network by end-user devices. The NOS
   operations center shall have a point of contact in the United States
   available 24 hours a day, seven days a week, with a phone number and
   address made publicly-available by the licensee.

   (3) All access points operating in the 2483.5-2495 MHz band shall only
   operate when authorized by the ATC licensee's NOS, and all client
   devices operating in the 2483.5-2495 MHz band shall only operate when
   under the control of such access points.

   (h) Spectrum leasing. Leasing of spectrum rights by MSS licensees or
   system operators to spectrum lessees for ATC use is subject to the
   rules for spectrum manager leasing arrangements (see § 1.9020) as set
   forth in part 1, subpart X of the rules (see § 1.9001 et seq.). In
   addition, at the time of the filing of the requisite notification of a
   spectrum manager leasing arrangement using Form 608 (see § § 1.9020(e)
   and 1.913(a)(5)), both parties to the proposed arrangement must have a
   complete and accurate Form 602 (see § 1.913(a)(2)) on file with the
   Commission.

   [ 68 FR 47859 , Aug. 12, 2003, as amended at  69 FR 48162 , Aug. 9, 2004;
    70 FR 19318 , Apr. 13, 2005,  73 FR 25592 , May 7, 2008;  76 FR 31260 , May
   31, 2011;  78 FR 8267 , Feb. 5, 2013;  78 FR 8424 , Feb. 6, 2013;  79 FR 27502 , May 14, 2014;  82 FR 8818 , Jan. 31, 2017]

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