§  25.145   Licensing conditions for the Fixed-Satellite Service in the 20/30
GHz bands.

   (a) Except as provided in §  25.210(b), in general all rules contained
   in this part apply to Fixed-Satellite Service in the 20/30 GHz bands.

   (b) System License. Applicants authorized to construct and launch a
   system of technically identical non-geostationary satellite orbit
   satellites will be awarded a single “blanket” license covering a
   specified number of space stations to operate in a specified number of
   orbital planes.

   (c) In addition to providing the information specified in §  25.114,
   each non-geostationary satellite orbit applicant shall demonstrate the
   following:

   (1) That the proposed system be capable of providing fixed-satellite
   services to all locations as far north as 70 deg. latitude and as far
   south as 55 deg. latitude for at least 75% of every 24-hour period; and

   (2) 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.

   (3) [Reserved]

   (d) [Reserved]

   (e) Prohibition of certain agreements. No license shall be granted to
   any applicant for a space station in the fixed-satellite service
   operating in the 20/30 GHz band if that applicant, or any persons or
   companies controlling or controlled by the applicant, shall acquire or
   enjoy any right, for the purpose of handling traffic to or from the
   United States, its territories or possession, to construct or operate
   space segment or earth stations, or to interchange traffic, which is
   denied to any other United States company by reason of any concession,
   contract, understanding, or working arrangement to which the Licensee
   or any persons or companies controlling or controlled by the Licensee
   are parties.

   (f)(1) Reporting Requirements. All licensees in the 20/30 GHz band
   shall, on June 30 of each year, file a report with the International
   Bureau and the Commission's Columbia Operations Center, 9200 Farm House
   Lane, Columbia, MD 21046 containing the following information:

   (i) Status of space station construction and anticipated launch date,
   including any major problems or delay encountered;

   (ii) A listing of any non-scheduled space station outages for more than
   thirty minutes and the cause(s) of such outages; and

   (iii) 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.

   (iv) All operators of NGSO FSS systems in the 18.8-19.3 GHz and
   28.6-29.1 GHz bands shall, within 10 days after a required
   implementation milestone as specified in the system authorization
   certify to the Commission by affidavit that the milestone has been met
   or notify the Commission by letter that it has not been met. At its
   discretion, the Commission may require the submission of additional
   information (supported by affidavit of a person or person with
   knowledge thereof) to demonstrate that the milestone has been met.
   Failure to file a timely certification of milestones, or filing
   disclosure of non-compliance, will result in automatic cancellation of
   the authorization with no further action required on the Commission's
   part.

   (2) Licensees shall submit to the Commission a yearly report indicating
   the number of earth stations actually brought into service under its
   blanket licensing authority. The annual report is due to the Commission
   no later than the first day of April of each year and shall indicate
   the deployment figures for the preceding calendar year.

   (g) Policy governing the relocation of terrestrial services from the
   18.3 to 19.3 GHz band. Frequencies in the 18.3-19.3 GHz band listed in
   parts 21, 74, 78, and 101 of this chapter have been reallocated for
   primary use by the Fixed-Satellite Service, subject to various
   provisions for the existing terrestrial licenses. Fixed-Satellite
   Service operations are not entitled to protection from the co-primary
   operations until after the period during which terrestrial stations
   remain co-primary has expired. (see § §  21.901(e), 74.502(c), 74.602(g),
   78.18(a)(4), and 101.147(r) of this chapter).

   (h) Replacement of Space Stations within the System License Term.
   Licensees of NGSO FSS systems in the 18.8-19.3 GHz and 28.6-29.1 GHz
   frequency bands authorized through a blanket license pursuant to
   paragraph (b) 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 license to exceed
   the total number of operating space stations authorized by the
   Commission.

   (i) 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 (b) 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.

   [ 62 FR 61456 , Nov. 18, 1997, as amended at  65 FR 54171 , Sept. 7, 2000;
    66 FR 63515 , Dec. 7, 2001;  67 FR 39310 , June 7, 2002;  68 FR 16966 , Apr.
   8, 2003;  68 FR 51505 , Aug. 27, 2003;  68 FR 59129 , Oct. 14, 2003;  70 FR 59277 , Oct. 12, 2005]

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