§ 25.227   Blanket licensing provisions for Earth Stations Aboard Aircraft
(ESAAs) 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) frequency bands and
transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency band, operating
with Geostationary Satellites in the Fixed-Satellite Service.

   (a) The following ongoing requirements govern all ESAA 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) frequency bands receiving from and transmitting to
   geostationary orbit satellites in the Fixed-Satellite Service. ESAA
   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)(16) and paragraphs (c), (d),
   and (e) of this section. Paragraph (b) of this section identifies items
   that shall be included in the application for ESAA operations to
   demonstrate that these ongoing requirements will be met.

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

   (i) An ESAA licensee shall not exceed the off-axis EIRP
   spectral-density limits and conditions defined in paragraphs
   (a)(1)(i)(A) through (D) of this subsection.

   (A) The off-axis EIRP spectral-density for co-polarized signals emitted
   from the ESAA, in the plane of the geostationary satellite orbit (GSO)
   as it appears at the particular earth station location, shall not
   exceed the following values:
   15 - 10 log10 (N) - 25 log10th dBW/4 kHz For 1.5DEG <=th <=7DEG
   -6 - 10 log10 (N)              dBW/4 kHz For 7DEG 7.0DEG. For th greater than 7.0DEG, the
   envelope shall be exceeded by no more than 10% of the sidelobes,
   provided no individual sidelobe exceeds the envelope given above by
   more than 3 dB.

   (B) In all directions other than along the GSO, the off-axis EIRP
   spectral-density for co-polarized signals emitted from the ESAA shall
   not exceed the following values:
   18 - 10 log10 (N) - 25log log10th dBW/4 kHz For 3.0DEG <=th <=48DEG
   -24 - 10 log10 (N)                dBW/4 kHz For 48DEG 25.209 of
   this title would be protected from interference.

   (3) The following requirements shall apply to an ESAA system that uses
   variable power-density control of individual simultaneously
   transmitting co-frequency ESAA earth stations in the same satellite
   receiving beam. An ESAA system operating under this subsection shall
   provide a detailed demonstration as described in paragraph (b)(3) of
   this section.

   (i) The effective aggregate EIRP density from all terminals shall be at
   least 1 dB below the off-axis EIRP density limits defined in paragraph
   (a)(1)(i)(A) through (C), with the value of N=1. In this context the
   term "effective" means that the resultant co-polarized and
   cross-polarized EIRP density experienced by any GSO or non-GSO
   satellite shall not exceed that produced by a single transmitter
   operating 1 dB below the limits defined in paragraph (a)(1)(i)(A)
   through (C). The individual ESAA transmitter shall automatically cease
   emissions within 100 milliseconds if the ESAA transmitter exceeds the
   off-axis EIRP density limits minus 1 dB specified above. If one or more
   ESAA transmitters causes the aggregate off-axis EIRP-densities to
   exceed the off-axis EIRP density limits minus 1dB specified above, then
   the transmitter or transmitters shall cease or reduce emissions within
   100 milliseconds of receiving a command from the system's network
   control and monitoring center. An ESAA system operating under this
   subsection shall provide a detailed demonstration as described in
   paragraph (b)(3)(i) of this section.

   (ii) The following requirements shall apply to an ESAA that uses
   off-axis EIRP spectral-densities in excess of the levels in paragraph
   (a)(3)(i) of this section. An ESAA system operating under this
   subsection shall file certifications and provide a detailed
   demonstration as described in paragraphs (b)(3)(ii) and (b)(3)(iii) of
   this section.

   (A) If a good faith agreement cannot be reached between the target
   satellite operator and the operator of a future satellite that is
   located within 6 degrees longitude of the target satellite, the ESAA
   shall operate at an EIRP density defined in (a)(3)(i) of this section.

   (B) The ESAA shall operate in accordance with the off-axis EIRP
   spectral-densities that the ESAA supplied to the target satellite
   operator in order to obtain the certifications listed in paragraph
   (b)(3)(ii) of this section. The individual ESAA terminals shall
   automatically cease emissions within 100 milliseconds if the ESAA
   transmitter exceeds the off-axis EIRP spectral-densities supplied to
   the target satellite operator. The overall system shall be capable of
   shutting off an individual transmitter or the entire system if the
   aggregate off-axis EIRP spectral-densities exceed those supplied to the
   target satellite operator.

   (C) The ESAA shall transmit only to the target satellite system(s)
   referred to in the certifications required by paragraph (b)(3) of this
   section.

   (4) An applicant filing to operate an ESAA 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 ESAA.

   (6) For each ESAA transmitter, a record of the vehicle location (i.e.,
   latitude/longitude/altitude), transmit frequency, channel bandwidth and
   satellite used shall be time annotated and maintained for a period of
   not less than one year. Records shall be recorded at time intervals no
   greater than one (1) minute while the ESAA is transmitting. The ESAA
   operator shall make this data available, in the form of a comma
   delimited electronic spreadsheet, within 24 hours of a request from the
   Commission, NTIA, or a frequency coordinator for purposes of resolving
   harmful interference events. A description of the units (i.e., degrees,
   minutes, MHz *  *  *.) in which the records values are recorded will be
   supplied along with the records.

   (7) In the 10.95-11.2 GHz (space-to-Earth) and 11.45-11.7 GHz
   (space-to-Earth) frequency bands ESAAs 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) An ESAA terminal receiving in the 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 paragraphs (a) and (b) of section 25.209 and
   stationary at the location at which any interference occurred.

   (9) Each ESAA terminal shall automatically cease transmitting within
   100 milliseconds upon loss of reception of the satellite downlink
   signal or when it detects that unintended satellite tracking has
   happened or is about to happen.

   (10) Each ESAA terminal should be subject to the monitoring and control
   by an NCMC or equivalent facility. Each terminal must be able to
   receive at least "enable transmission" and "disable transmission"
   commands from the NCMC and must automatically cease transmissions
   immediately on receiving any "parameter change command," which may
   cause harmful interference during the change, until it receives an
   "enable transmission" command from its NCMC. In addition, the NCMC must
   be able to monitor the operation of an ESAA terminal to determine if it
   is malfunctioning.

   (11) Each ESAA terminal shall be self-monitoring and, should a fault
   which can cause harmful interference to FSS networks be detected, the
   terminal must automatically cease transmissions.

   (12) Unless otherwise stated all ESAA system that comply with the
   off-axis EIRP spectral-density limits in paragraph (a)(1)(i) of this
   section may request Permitted List authority.

   (13) ESAA providers operating in the international airspace within
   line-of-sight of the territory of a foreign administration where fixed
   service networks have primary allocation in this band, the maximum
   power flux density (pfd) produced at the surface of the Earth by
   emissions from a single aircraft carrying an ESAA terminal should not
   exceed the following values unless the foreign Administration has
   imposed other conditions for protecting its fixed service stations:
   -132 + 0.5 . th dB(W/(m^2 . MHz)) For th <=40DEG
   -112            dB(W/(m^2 . MHz)) For 40DEG 25.227(a) and measured
   off-axis EIRP density levels of the proposed earth station antenna in
   the direction of the plane of the GSO; the co-polarized EIRP density in
   the elevation plane, that is, the plane perpendicular to the plane of
   the GSO; and cross-polarized EIRP density. Each table shall provide the
   EIRP density level at increments of 0.1DEG for angles between 0DEG and
   10DEG off-axis, and at increments of 5DEG for angles between 10DEG and
   180DEG off-axis.

   (A) For purposes of the off-axis EIRP density table in the plane of the
   GSO, the off-axis angle is the angle in degrees from the line
   connecting the focal point of the antenna to the orbital location of
   the target satellite, and the plane of the GSO is determined by the
   focal point of the antenna and the line tangent to the arc of the GSO
   at the orbital position of the target satellite.

   (B) For purposes of the off-axis co-polarized EIRP density table in the
   elevation plane, the off-axis angle is the angle in degrees from the
   line connecting the focal point of the antenna to the orbital location
   of the target satellite, and the elevation plane is defined as the
   plane perpendicular to the plane of the GSO defined in paragraph
   (b)(1)(i)(A) of this section.

   (C) For purposes of the cross-polarized EIRP density table, the
   off-axis angle is the angle in degrees from the line connecting the
   focal point of the antenna to the orbital location of the target
   satellite and the plane of the GSO as defined in paragraph (b)(1)(i)(A)
   of this section will be used.

   (ii) An ESAA applicant shall include a certification, in Schedule B,
   that the ESAA antenna conforms to the gain pattern criteria of
   § 25.209(a) and (b), that, combined with the maximum input power
   density calculated from the EIRP density less the antenna gain, which
   is entered in Schedule B, demonstrates that the off-axis EIRP spectral
   density envelope set forth in paragraphs (a)(1)(i)(A) through
   (a)(1)(i)(C) of this section will be met under the assumption that the
   antenna is pointed at the target satellite.

   (iii) An ESAA applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(A) of this section shall:

   (A) Demonstrate that the total tracking error budget of their antenna
   is within 0.2DEG or less between the orbital location of the target
   satellite and the axis of the main lobe of the ESAA antenna. As part of
   the engineering analysis, the ESAA applicant must show that the antenna
   pointing error is within three sigma () from the mean value, i.e., that
   there is a 0.997 probability the antenna maintains a pointing error
   within 0.2DEG; and

   (B) Demonstrate 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
   ESAA antenna exceeds 0.5DEG.

   (iv) An ESAA 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 ESAA 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
   ESAA 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
   ESAA antenna is less than or equal to the declared maximum antenna
   pointing error.

   (2) An ESAA applicant proposing to implement a transmitter under
   paragraph (a)(2) of this section and using off-axis EIRP
   spectral-densities in excess of the levels in paragraph (a)(1)(i) of
   this section shall provide the following certifications and
   demonstration as exhibits to its earth station application:

   (i) A statement from the target satellite operator certifying that the
   proposed operation of the ESAA has the potential to create harmful
   interference to satellite networks adjacent to the target satellite(s)
   that may be unacceptable.

   (ii) A statement from the target satellite operator certifying that the
   power density levels that the ESAA applicant provided to the target
   satellite operator are consistent with the existing coordination
   agreements between its satellite(s) and the adjacent satellite systems
   within 6DEG of orbital separation from its satellite(s).

   (iii) A statement from the target satellite operator certifying that it
   will include the power-density levels of the ESAA applicant in all
   future coordination agreements.

   (iv) A demonstration from the ESAA operator that the ESAA system will
   comply with all coordination agreements reached by the satellite
   operator and is capable of detecting and automatically ceasing
   emissions within 100 milliseconds when the transmitter exceeds the
   off-axis EIRP spectral-densities supplied to the target satellite
   operator.

   (3) An ESAA applicant proposing to implement an ESAA system under
   paragraph (a)(3) of this section and using variable power-density
   control of individual simultaneously transmitting co-frequency ESAA
   earth stations in the same satellite receiving beam shall provide the
   following certifications and demonstration as exhibits to its earth
   station application:

   (i) The applicant shall make a detailed showing of the measures it
   intends to employ to maintain the effective aggregate EIRP density from
   all simultaneously transmitting co-frequency terminals operating with
   the same satellite transponder at least 1 dB below the off-axis EIRP
   density limits defined in paragraphs (a)(1)(i)(A) through (C) of this
   section. In this context the term "effective" means that the resultant
   co-polarized and cross-polarized EIRP density experienced by any GSO or
   non-GSO satellite shall not exceed that produced by a single ESAA
   transmitter operating at 1 dB below the limits defined in paragraphs
   (a)(1)(i)(A) through (C) of this section. The ESAA applicant also shall
   provide a detailed showing that one or more transmitters are capable of
   automatically ceasing or reducing emissions within 100 milliseconds of
   receiving a command from the system's network control and monitoring
   center that the aggregate off-axis EIRP spectral-densities of the
   transmitter or transmitters exceed the off-axis EIRP-density limits
   specified in paragraph (a)(3)(i) of this section. The International
   Bureau will place this showing on public notice along with the
   application.

   (ii) An applicant proposing to implement an ESAA system under paragraph
   (a)(3)(ii) of this section that uses off-axis EIRP spectral-densities
   in excess of the levels in paragraph (a)(3)(i) of this section shall
   provide the following certifications, demonstration and list of
   satellites as exhibits to its earth station application:

   (A) A detailed showing of the measures the applicant intends to employ
   to maintain the effective aggregate EIRP density from all
   simultaneously transmitting co-frequency terminals operating with the
   same satellite transponder at the EIRP density limits supplied to the
   target satellite operator. The International Bureau will place this
   showing on Public Notice along with the application.

   (B) A statement from the target satellite operator certifying that the
   proposed operation of the ESAA has the potential to create harmful
   interference to satellite networks adjacent to the target satellite(s)
   that may be unacceptable.

   (C) A statement from the target satellite operator certifying that the
   aggregate power-density levels that the ESAA applicant provided to the
   target satellite operator are consistent with the existing coordination
   agreements between its satellite(s) and the adjacent satellite systems
   within 6DEG of orbital separation from its satellite(s).

   (D) A statement from the target satellite operator certifying that it
   will include the aggregate power-density levels of the ESAA applicant
   in all future coordination agreements.

   (E) A demonstration from the ESAA operator that the ESAA system is
   capable of detecting and automatically ceasing emissions within 100
   milliseconds when an individual transmitter exceeds the off-axis EIRP
   spectral-densities supplied to the target satellite operator and that
   the overall system is capable of shutting off an individual transmitter
   or the entire system if the aggregate off-axis EIRP spectral-densities
   exceed those supplied to the target satellite operator.

   (F) An identification of the specific satellite or satellites with
   which the ESAA system will operate.

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

   (5) Any ESAA applicant filing for an ESAA 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 ESAA applicant filing for an ESAA terminal or system shall
   include in its application a certification that will comply with the
   requirements of paragraphs (a)(6), (a)(9), (a)(10), and (a)(11) of this
   section.

   (8) All ESAA applicants shall submit a radio frequency hazard analysis
   determining via calculation, simulation, or field measurement whether
   ESAA terminals, or classes of terminals, will produce power densities
   that will exceed the Commission's radio frequency exposure criteria.
   ESAA applicants with ESAA 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
   ESAA licensees shall ensure installation of ESAA terminals on aircraft
   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. An ESAA 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.

   (c)(1) Operations of ESAAs in the 14.0-14.2 GHz (Earth-to-space)
   frequency band in the radio line-of-sight of the NASA TDRSS facilities
   on Guam (latitude 13DEG36'55'' N, longitude 144DEG51'22'' E) or White
   Sands, New Mexico (latitude 32DEG20'59'' N, longitude 106DEG36'31'' W
   and latitude 32DEG32'40'' N, longitude 106DEG36'48'' 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 ESAA licensees shall cease
   operations in the 14.0-14.2 GHz band within radio line-of-sight 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 ESAA licensee then will be permitted to
   commence operations in the 14.0-14.2 GHz band within radio
   line-of-sight of the new TDRSS site, subject to any operational
   constraints developed in the coordination process.

   (d)(1) Operations of ESAA in the 14.47-14.5 GHz (Earth-to-space)
   frequency band in the radio line-of-sight 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, email 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) A list of applicable RAS sites and their locations can be found in
   § 25.226(d)(2) Table 1.

   (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 ESAA licensees shall cease
   operations in the 14.47-14.5 GHz band within the relevant geographic
   zone 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 has opposed the
   operations. The ESAA 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.

   [ 78 FR 14927 , Mar. 8, 2013, as amended at  79 FR 8324 , Feb. 12, 2014;  79 FR 26868 , May 12, 2014]

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