§ 25.115   Application for earth station authorizations.

   (a)(1)  Transmitting  earth stations. Commission authorization must be
   obtained for authority to operate a transmitting earth station. Applications
   shall be filed electronically on FCC Form 312, Main Form and Schedule B, and
   include  the  information specified in § 25.130, except as set forth in
   paragraph (a)(2) of this section.

   (2)  Applicants  for  licenses  for transmitting earth stations in the
   Fixed-Satellite Service may file on FCC Form 312EZ if all of the following
   criteria are met:

   (i) The application is for a single station that will transmit to an FSS GSO
   space station, or stations, in the 5925-6425 MHz band, or for single or
   multiple  stations  that will transmit to an FSS GSO space station, or
   stations, in the 14.0-14.5 GHz, 28.35-28.6 GHz, and/or 29.5-30.0 GHz band;

   (ii)  The earth station(s) will not be installed or operated on ships,
   aircraft, or other moving vehicles;

   (iii) The equivalent diameter of the proposed antenna is 4.5 meters or
   greater if the station will transmit in the 5925-6425 MHz band or 1.2 meters
   or greater if the station will transmit in the 14.0-14.5 GHz band;

   (iv)  If the station(s) will transmit in the 5925-6425 MHz band or the
   14.0-14.5 GHz band, the performance of the proposed antenna comports with
   the standards in § 25.209(a) and (b) and is verified in accordance with
   applicable provisions of § 25.132;

   (v)  If  the station(s) will transmit in the 5925-6425 MHz band or the
   14.0-14.5 GHz band, input power to the antenna will not exceed applicable
   limits specified in § § 25.211 and 25.212; if the station(s) will transmit in
   the 28.35-28.6 GHz and/or 29.5-30.0 GHz band, off-axis EIRP density will not
   exceed the levels specified in § 25.138(a);

   (vi) Operation of the proposed station has been successfully coordinated
   with terrestrial systems, if the station would transmit in the 5925-6425 MHz
   band;

   (vii) The applicant has provided an environmental impact statement pursuant
   to § 1.1311 of this chapter, if required; and

   (viii) The applicant does not propose to communicate via non-U.S.-licensed
   satellites not on the Permitted Space Station List.

   (ix) If the proposed station(s) will transmit in the 28.35-28.6 GHz and/or
   29.5-30  GHz bands, the applicant is proposing to communicate only via
   satellites for which coordination has been completed pursuant to Footnote
   US334 of the U.S. Table of Frequency Allocations with respect to Federal
   Government  systems  authorized on a primary basis, under an agreement
   previously approved by the Commission and the National Telecommunications
   and Information Administration, and the applicant certifies that it will
   operate consistently with the agreement.

   (3) Unless the Commission orders otherwise, an application filed on FCC Form
   312EZ in accordance with paragraph (a)(2) of this section will be deemed
   granted 35 days after the date of the public notice that the application has
   been accepted for filing, provided no objection is filed during the 30-day
   public notice period.

   (4)  Applications  for  earth  station authorizations must be filed in
   accordance with the pleading limitations, periods and other applicable
   provisions of § § 1.41 through 1.52 of this chapter, except that such earth
   station applications must be filed electronically through the International
   Bureau Filing System (IBFS) in accordance with the applicable provisions of
   part 1, subpart Y of this chapter;

   (b) Receive-only earth stations. Applications to license or register receive
   only earth stations shall be filed on FCC Form 312, Main Form and Schedule
   B, and conform to the provisions of § 25.131.

   (c)(1) Large Networks of Small Antennas operating in the 11.7-12.2 GHz and
   14.0-14.5  GHz frequency bands with U.S.-licensed or non-U.S.-licensed
   satellites for domestic or international services. Applications to license
   small antenna network systems operating in the 11.7-12.2 GHz and 14.0-14.5
   GHz frequency band under blanket operating authority shall be filed on FCC
   Form 312 and Schedule B, for each large (5 meters or larger) hub station,
   and Schedule B for each representative type of small antenna (less than 5
   meters) operating within the network.

   (c)(2) Large Networks of Small Antennas operating in the 4/6 GHz frequency
   bands  with U.S.-licensed or non-U.S. licensed satellites for domestic
   services (CSATs). Applications to license small antenna network systems
   operating in the standard C-Band, 3700-4200 MHz and 5925-6425 MHz frequency
   band shall be filed electronically on FCC Form 312, Main Form and Schedule
   B.

   (i)  An  initial lead application providing a detailed overview of the
   complete network shall be filed. Such lead applications shall fully identify
   the scope and nature of the service to be provided, as well as the complete
   technical details of each representative type of small antenna (less than
   4.5 meters) that will operate within the network. Such lead applications for
   a single CSAT system must identify:

   (A) No more than three discrete geostationary satellites to be accessed;

   (B) The amount of frequency bandwidth sought, up to a maximum of 20 MHz of
   spectrum in each direction at each of the satellites (The same 20 MHz of
   uplink and 20 MHz of downlink spectrum at each satellite would be accessible
   by all CSAT earth stations in the system. The 20 MHz of uplink and 20 MHz of
   downlink spectrum need not be the same at each satellite location);

   (C) The maximum number of earth station sites;

   (ii) Following the issuance of a license for the lead application, the
   licensee shall notify the Commission of the complete technical parameters of
   each individual earth station site before that site is bought into operation
   under the lead authorization. Full frequency coordination of each individual
   site (e.g., for each satellite and the spectrum associated therewith) shall
   be completed prior to filing Commission notification. The coordination must
   be conducted in accordance with § 25.203. Such notification shall be done by
   electronic filing and shall be consistent with the technical parameters of
   Schedule B of FCC Form 312.

   (iii) Following successful coordination of such an earth station, if the
   earth station operator does not file a lead application or a Schedule B
   within six months after it successfully completes coordination, it will be
   assumed  that such frequency use is no longer desired, unless a second
   notification has been received within ten days prior to the end of the six
   month  period.  Such renewal notifications must be sent to all parties
   concerned. If the lead application or Schedule B, or renewal notification,
   is not timely received, the coordination will lapse and the licensee must
   re-coordinate the relevant earth stations if it still wishes to bring them
   into operation.

   (iv) Operation of each individual site may commence immediately after the
   public notice is released that identifies the notification sent to the
   Commission and if the requirements of paragraph (c)(2)(vi) of this section
   are met. Continuance of operation of each station for the duration of the
   lead license term shall be dependent upon successful completion of the
   normal public notice process. If any objections are received to the new
   station prior to the end of the 30 day comment period of the Public Notice,
   the licensee shall immediately cease operation of those particular stations
   until the coordination dispute is resolved and the CSAT licensee informs the
   Commission of the resolution. If the requirements of paragraph (c)(2)(vi) of
   this section are not met, operation may not commence until the Commission
   issues the public notice acting on the CSAT terminal authorization.

   (v) Each CSAT licensee shall annually provide the Commission an updated list
   of all operational earth stations in its system. The annual list shall also
   include  a  list of all earth stations deactivated during the year and
   identification of the satellites providing service to the network as of the
   date of the report.

   (vi)  Conditional authorization. (A) An applicant for a new CSAT radio
   station  or  modification of an existing CSAT station authorized under
   paragraph (c)(2)(i) of this section in the 3700-4200; or 5925-6425 MHz bands
   may operate the proposed station during the pendency of its application
   after the release of the public notice accepting the notification for filing
   that complies with paragraph (c)(2)(ii) of this section. The applicant,
   however, must first certify that the following conditions are satisfied:

   (1) The frequency coordination procedures of § 25.203 have been successfully
   completed;

   (2)  The  antenna structure has been previously studied by the Federal
   Aviation Administration and determined to pose no hazard to aviation safety
   as required by subpart B of part 17 of this chapter; or the antenna or tower
   structure does not exceed 6.1 meters above ground level or above an existing
   man-made structure (other than an antenna structure), if the antenna or
   tower has not been previously studied by the Federal Aviation Administration
   and cleared by the FCC;

   (3)  The  grant of the application(s) does not require a waiver of the
   Commission's rules (with the exception of a request for waiver pertaining to
   fees);

   (4)  The  applicant  has  determined  that  the facility(ies) will not
   significantly affect the environment as defined in § 1.1307 of this chapter
   after complying with any applicable environmental notification procedures
   specified in § 17.4(c) of this chapter.

   (5)  The  station  site  does  not  lie  within 56.3 kilometers of any
   international border or within a radio “Quiet Zone” identified in § 1.924 of
   this chapter; and

   (6)  The  filed  application  is consistent with the proposal that was
   coordinated pursuant to § 25.251.

   (B) Conditional authority ceases immediately if the Schedule B is returned
   by the Commission because it is not accepted for filing.

   (C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A) and
   (c)(2)(vi)(B)  of this section is evidenced by retaining a copy of the
   Schedule B notification with the station records. Conditional authorization
   does  not  prejudice any action the Commission may take on the subject
   application(s) or the Schedule B notifications.

   (D) Conditional authority is accepted with the express understanding that
   such authority may be modified or cancelled by the Commission at any time
   without hearing if, in the Commission's discretion, the need for such action
   arises.  An applicant operating pursuant to this conditional authority
   assumes  all  risks associated with such operation, the termination or
   modification of the conditional authority, or the subsequent dismissal or
   denial of its application(s).

   (E) The copy of the Schedule B notification form must be posted at each
   station operating pursuant to this section.

   (vii) Period of construction. Construction of each earth station must be
   completed and the station must be brought into regular operation within
   twelve months from the date that action is taken to authorize that station
   to  operate  under  the lead authorization, except as may be otherwise
   determined by the Commission for any particular application.

   (d) Mobile-Satellite Service user transceivers need not be individually
   licensed.  Service  vendors  may  file  blanket  applications for such
   transceivers using FCC Form 312, Main Form and Schedule B, specifying the
   number of units to be covered by the blanket license. A blanket license
   application  for  1.5/1.6  GHz  MSS  user transceivers must include an
   explanation  of  how  the  applicant will comply with the priority and
   preemptive access requirements in § 25.287.

   (e) Earth stations operating in the 20/30 GHz Fixed-Satellite Service with
   U.S.-licensed or non-U.S. licensed satellites: Applications to license
   individual earth stations operating in the 20/30 GHz band shall be filed on
   FCC  Form  312,  Main  Form and Schedule B, and shall also include the
   information described in § 25.138. Earth stations belonging to a network
   operating in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz or 29.25-30.0
   GHz bands may be licensed on a blanket basis. Applications for such blanket
   authorization may be filed using FCC Form 312, Main Form and Schedule B, and
   specifying the number of terminals to be covered by the blanket license.
   Each application for a blanket license under this section shall include the
   information described in § 25.138.

   (f)   User  transceivers  in  the  non-geostationary  satellite  orbit
   Fixed-Satellite Service in the 11.7-12.2 GHz, 12.2-12.7 GHz and 14.0-14.5
   GHz  bands need not be individually licensed. Service vendors may file
   blanket applications for transceiver units using FCC Form 312, Main Form and
   Schedule B, and shall specify the number of terminals to be covered by the
   blanket license. Each application for a blanket license under this section
   shall include the information described in § 25.146. Any earth stations that
   are not user transceivers, and which transmit in the non-geostationary
   satellite orbit Fixed-Satellite Service in the 10.7-11.7 GHz, 12.75-13.15
   GHz,  13.2125-13.25 GHz, and 13.75-14.0 GHz bands must be individually
   licensed, pursuant to paragraph (a) of this section.

   (g) Applications for feeder link earth stations operating in the 24.75—25.25
   GHz band (Earth-to-space) and providing service to geostationary satellites
   in  the  17/24 GHz BSS must include, in addition to the particulars of
   operation identified on Form 312 and associated Schedule B, the information
   specified in either paragraph (g)(1) or (g)(2) below for each earth station
   antenna type:

   (1) A series of EIRP density charts or tables, calculated for a production
   earth station antenna, based on measurements taken on a calibrated antenna
   range at 25 GHz, with the off-axis EIRP envelope set forth in paragraphs
   (g)(1)(i) through (g)(1)(iv) of this section superimposed, as follows:

   (i) Showing off-axis co-polarized EIRP spectral density in the azimuth
   plane, for off-axis angles from minus 10�° to plus 10�° and from minus 180�° to
   plus 180�°;

   (ii) Showing off-axis co-polarized EIRP spectral density in the elevation
   plane, at off-axis angles from 0�°to plus 30�°;

   (iii) Showing off-axis cross-polarized EIRP spectral density in the azimuth
   plane, at off-axis angles from minus 10�° to plus 10�°; and

   (iv) Showing off-axis cross-polarized EIRP spectral density in the elevation
   plane, at off-axis angles from minus 10�° to plus 10�°

   (2) A certification on Schedule B that the antenna conforms to the gain
   pattern criteria of § 25.209(a) and (b), that when combined with input power
   density (computed from the maximum on-axis EIRP density per carrier less the
   antenna gain entered in Schedule B), demonstrates that the off-axis EIRP
   spectral density envelope set forth in § 25.223(b)(1) through (4) of this
   part will be met.

   (h) Any earth station applicant filing an application pursuant to § 25.218 of
   this chapter must file three tables showing the off-axis EIRP level of the
   proposed earth station antenna of the plane of the geostationary orbit, the
   elevation plane, and towards the horizon. In each table, the EIRP level must
   be provided at increments of 0.1�° for angles between 0�° and 10�° off-axis,
   and at increments of 5�° for angles between 10�° and 180�° off-axis.

   (1)  For  purposes  of  the  off-axis  EIRP  table in the plane of the
   geostationary orbit, the off-axis angle is the angle in degrees from the
   line connecting the focal point of the antenna to the target satellite,
   within the plane determined by the focal point of the antenna and the line
   tangent to the arc of the geostationary satellite orbit at the position of
   the target satellite.

   (2) For purposes of the off-axis EIRP 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 target satellite, within the plane perpendicular
   to the plane determined by the focal point of the antenna and the line
   tangent to the arc of the geostationary satellite orbit at the position of
   the target satellite.

   (3)  For  purposes of the off-axis EIRP table towards the horizon, the
   off-axis angle is the angle in degrees from the line determined by the
   intersection of the horizontal plane and the elevation plane described in
   paragraph (h)(2) of this section, in the horizontal plane. The horizontal
   plane is the plane determined by the focal point of the antenna and the
   horizon.

   (4) In addition, in an attachment to its application, the earth station
   applicant must certify that it will limit its pointing error to 0.5�°, or
   demonstrate that it will comply with the applicable off-axis EIRP envelopes
   in  § 25.218 of this part when the antenna is mispointed at its maximum
   pointing error.

   (i) Any earth station applicant filing an application for a VSAT network
   made up of FSS earth stations and planning to use a contention protocol must
   include in its application a certification that it will comply with the
   requirements of § 25.134(g)(4).

   (j) An application for a new fixed earth station or modification involving
   alteration of the overall height of one or more existing earth station
   antenna structures must include the FCC Antenna Structure Registration
   Number(s) for the antenna structure(s), if assigned. If no such number has
   been assigned, the application must state whether prior FAA notification is
   required by part 17 of this chapter and, if so, whether the applicant or
   owner of the structure has notified the FAA of the proposed construction or
   alteration and applied for an Antenna Structure Registration Number in
   accordance with part 17 of this chapter. Applicants who maintain that prior
   FAA  notification  is not required for construction or alteration of a
   structure with overall height more than 6.1 meters above ground level must
   explain in the application why such prior notification is not required.

   (k)(1) Applicants for Fixed-Satellite Service earth stations that qualify
   for  routine processing in the C, Ku, or 20/30 GHz band, including ESV
   applications filed pursuant to § 25.222(a)(1) or (a)(3), VMES applications
   filed pursuant to § 25.226(a)(1) or (a)(3), and ESAA applications filed
   pursuant to § 25.227(a)(1) or (a)(3), may designate the Permitted Space
   Station  List as a point of communication. Once such an application is
   granted, the earth station operator may communicate with any space station
   on  the  Permitted  Space Station List, provided that the operation is
   consistent with the technical parameters and conditions established in the
   earth  station license and any limitations placed on the space station
   authorization or noted in the Permitted Space Station List.

   (2) Notwithstanding paragraph (k)(1) of this section, the operator of an
   earth station that qualifies for routine processing in the 20/30 GHz bands
   may not communicate with a space station on the Permitted Space Station List
   in the 18.3-18.8 GHz or 19.7-20.2 GHz band until the space station operator
   has completed coordination under Footnote US334 to § 2.106 of this chapter.

   [ 62 FR 5928 , Feb. 10, 1997]

   Editorial Note: For Federal Register citations affecting § 25.115, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and at www.fdsys.gov.

   Effective Date Note: At  74 FR 9962 , Mar. 9, 2009, § 25.115 paragraphs (h) and
   (i) which contain information collection and recordkeeping requirements,
   became effective with approval by the Office of Management and Budget for a
   period of 3 years.

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