§  25.149   Application requirements for ancillary terrestrial components in
the Mobile-Satellite Service networks operating in the 1.5./1.6 GHz, 1.6/2.4
GHz and 2 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
   2000-2020 MHz/2180-2200 MHz bands (2 GHz band), 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.

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

   (i) [Resreved]

   (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 70DEG North latitude and as far south as
   55DEG 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 5DEG 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
   5DEG 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. MSS ATC base stations must
   comply with the requirements specified in §  1.1307(b) of this chapter
   for PCS base stations. MSS ATC mobile stations must comply with the
   requirements specified for mobile and portable PCS transmitting devices
   in §  1.1307(b) of this chapter. MSS 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 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.

   (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 paragraph (f) 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 must 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) 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 8424 , Feb. 6, 2013;  78 FR 8267 , Jan. 5, 2013]

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