§  25.262   Licensing and domestic coordination requirements for 17/24 GHz BSS
space stations.

   (a) An applicant may be authorized to operate a space station
   transmitting in the 17.3-17.8 GHz band at levels up to the maximum
   power flux density limits defined in § 25.208(c) and/or § 25.208(w),
   without coordinating its power flux density levels with adjacent
   licensed or permitted operators, only if there is no licensed space
   station, or prior-filed application for a space station transmitting in
   the 17.3-17.8 GHz band at a location less than four degrees from the
   orbital location at which the applicant proposes to operate.

   (b) Any U.S. licensee or permittee authorized to transmit in the
   17.3-17.8 GHz band that does not comply with the power flux-density
   limits set forth in § 25.208(c) and/or § 25.208(w) shall bear the burden
   of coordinating with any future co-frequency licensees and permittees
   of a space station transmitting in the 17.3-17.8 GHz band under the
   following circumstances:

   (1) If the operator's space-to-Earth power flux-density levels exceed
   the power flux-density limits set forth in § 25.208(c) and/or § 25.208(w)
   by 3 dB or less, the operator shall bear the burden of coordinating
   with any future operators proposing a space station transmitting in the
   17.3-17.8 GHz band in compliance with power flux-density limits set
   forth in § 25.208(c) and/or § 25.208(w) and located within ±6 degrees of
   the operator's 17/24 GHz BSS space station.

   (2) If the operator's space-to-Earth power flux-density levels exceed
   the power flux-density limits set forth in § 25.208(c) and/or § 25.208(w)
   by more than 3 dB, the operator shall bear the burden of coordinating
   with any future operators proposing a space station transmitting in the
   17.3-17.8 GHz band in compliance with power flux-density limits set
   forth in § 25.208(c) and/or § 25.208(w) and located within ±10 degrees of
   the operator's space station.

   (3) If no good faith agreement can be reached, the operator of the
   space station transmitting in the 17.3-17.8 GHz band that does not
   comply with § 25.208(c) and/or § 25.208(w) shall reduce its
   space-to-Earth power flux-density levels to be compliant with those
   specified in § 25.208(c) and/or § 25.208(w).

   (c) Any U.S. licensee or permittee using a space station transmitting
   in the 17.3-17.8 GHz band that is required to provide information in
   its application pursuant to § 25.140(b)(4) must accept any increased
   interference that may result from adjacent space stations transmitting
   in the 17.3-17.8 GHz band that are operating in compliance with the
   rules for such space stations specified in § § 25.140(b), 25.202(a)(9)
   and (e)-(g), 25.208(c) and (w), 25.210(i)-(j), 25.224, 25.262,
   25.264(h), and 25.273(a)(3)).

   (d) Notwithstanding the provisions of this, licensees and permittees
   will be allowed to apply for a license or authorization for a
   replacement satellite that will be operated at the same power level and
   interference protection as the satellite to be replaced.

   [ 83 FR 34491 , July 20, 2018]