§ 25.113   Station construction, launch authority, and operation of spare
satellites.

   (a) Construction permits are not required for earth stations. Construction
   of such stations may commence prior to grant of an earth station license at
   the applicant's own risk, subject to the requirements of § 1.1312 and part 17
   of  this chapter concerning environmental processing and construction,
   marking, and lighting of antenna structures.

   (b)  Construction  permits  are not required for Ancillary Terrestrial
   Component (ATC) stations. A party with licenses issued under this part for
   launch and operation of 1.5/1.6 GHz or 1.6/2.4 GHz GHz Mobile-Satellite
   Service  space stations and operation of associated ATC facilities may
   commence construction of ATC base stations at its own risk after commencing
   physical construction of the space stations, subject to the requirements of
   § 1.1312 and part 17 of this chapter. Such an MSS/ATC licensee may also
   conduct  equipment  tests  for  the  purpose of making adjustments and
   measurements  necessary to ensure compliance with the terms of its ATC
   license, applicable rules in this part, and technical design requirements.
   Prior  to commencing such construction and pre-operational testing, an
   MSS/ATC licensee must notify the Commission of the commencement of physical
   satellite construction and the licensee's intention to construct and test
   ATC  facilities. This notification must be filed electronically in the
   appropriate file in the International Bureau Filing System database. The
   notification must specify the frequencies the licensee proposes to use for
   pre-operational testing and the name, address, and telephone number of a
   representative  for  the  reporting and mitigation of any interference
   resulting from such testing. MSS/ATC licensees engaging in pre-operational
   testing must comply with § § 5.83, 5.85(c), 5.111, and 5.117 of this chapter
   regarding experimental operations. An MSS/ATC licensee may not offer ATC
   service to the public for compensation during pre-operational testing.

   (c)-(e) [Reserved]

   (f) Construction permits are not required for U.S.-licensed space stations,
   except for stations that the applicant proposes to operate to disseminate
   program content to be received by the public at large, rather than only by
   subscribers. Construction of a station for which a construction permit is
   not required may commence, at the applicant's own risk, prior to grant of a
   license. Before commencing pre-grant construction, however, an applicant
   must notify the Commission in writing that it plans to begin construction at
   its own risk.

   (g)  Except  as  set  forth in paragraph (h) of this section, a launch
   authorization  and station license (i.e., operating authority) must be
   applied for and granted before a space station may be launched and operated
   in orbit. Request for launch authorization may be included in an application
   for space station license. However, an application for authority to launch
   and operate an on-ground spare satellite will be considered pursuant to the
   following procedures:

   (1) Applications for launch and operation of an on-ground spare NGSO-like
   satellite  will  be considered pursuant to the procedures set forth in
   § 25.157, except as set forth in paragraph (g)(3) of this section.

   (2) Applications for launch and operation of an on-ground spare GSO-like
   satellite  will  be considered pursuant to the procedures set forth in
   § 25.158, except as set forth in paragraph (g)(3) of this section.

   (3) Neither paragraph (g)(1) nor (g)(2) of this section will apply in cases
   where the space station to be launched is determined to be an emergency
   replacement for a previously authorized space station that has been lost as
   a result of a launch failure or a catastrophic in-orbit failure.

   (h) Operators of NGSO satellite systems licensed by the Commission need not
   file separate applications to operate technically identical in-orbit spares
   launched pursuant to a blanket license granted under § 25.114(a). However,
   the licensee must notify the Commission within 30 days of bringing the
   in-orbit  spare into operation and certify that its activation has not
   increased the number of operating space stations above the number previously
   authorized and that the licensee has determined by measurement that the
   activated spare is operating within the terms of the license.

   [ 56 FR 24016 , May 28, 1991, as amended at  61 FR 4366 , Feb. 6, 1996;  61 FR 9951 , Mar. 12, 1996;  61 FR 55582 , Oct. 28, 1996;  62 FR 5927 , Feb. 10, 1997;
    62 FR 64172 , Dec. 4, 1997;  68 FR 51502 , Aug. 27, 2003;  69 FR 47794 , Aug. 6,
   2004;  70 FR 32253 , June 2, 2005;  77 FR 3954 , Jan. 26, 2012;  78 FR 8421 , Feb.
   6, 2013;  79 FR 8314 , Feb. 12, 2014;  79 FR 27503 , May 14, 2014]

   Effective Date Note: At  79 FR 27503 , May 14, 2014, in § 25.113, in the second
   sentence  in  paragraph  (b),  “1.5/1.6  GHz,  1.6/2.4  GHz,  or 2 GHz
   Mobile-Satellite Service” was corrected to read “1.5/1.6 GHz or 1.6/2.4 GHz
   GHz  Mobile-Satellite  Service”.  This  amendment contains information
   collection and recordkeeping requirements and will not become effective
   until approval has been given by the Office of Management and Budget.

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