§ 25.118   Modifications not requiring prior authorization.

   (a) Earth station license modifications, notification required. Authorized
   earth  station operators may make the following modifications to their
   licenses without prior Commission authorization, provided that the operators
   notify the Commission, using FCC Form 312 and Schedule B, within 30 days of
   the modification. This notification 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:

   (1) Licensees may make changes to their authorized earth stations without
   obtaining prior Commission authorization, provided that they have complied
   with all applicable frequency coordination procedures in accordance with
   § 25.251, and the modification does not involve:

   (i) An increase in EIRP or EIRP density (both main lobe and side lobe);

   (ii) An increase in transmitted power;

   (iii) A change in coordinates of more than 1 second in latitude or longitude
   for stations operating in frequency bands that are shared with terrestrial
   systems; or

   (iv)  A  change in coordinates of 10 seconds or greater in latitude or
   longitude for stations operating in frequency bands that are not shared with
   terrestrial systems.

   (2)  Except  for  replacement  of equipment where the new equipment is
   electrically  identical to the existing equipment, an authorized earth
   station  licensee  may  add, change or replace transmitters or antenna
   facilities without prior authorization, provided:

   (i) The added, changed, or replaced facilities conform to any applicable
   requirements in § 25.209;

   (ii) The particulars of operations remain unchanged;

   (iii) Frequency coordination is not required; and

   (iv) The maximum power and power density delivered into any antenna at the
   earth station site shall not exceed the values calculated by subtracting the
   maximum antenna gain specified in the license from the maximum authorized
   e.i.r.p. and e.i.r.p. density values.

   (3) Authorized VSAT earth station operators may add VSAT remote terminals
   without prior authorization, provided that they have complied with all
   applicable frequency coordination procedures in accordance with § 25.251.

   (4) A licensee providing service on a private carrier basis may change its
   operations to common carrier status without obtaining prior Commission
   authorization. The licensee must notify the Commission using Form 312 within
   30 days after the completed change to common carrier status.

   (5) Earth station operators may change their points of communication without
   prior authorization, provided that the change results from a space station
   license modification described in paragraph (e) of this section, and the
   earth  station  operator  does not repoint its antenna. Otherwise, any
   modification  of  an earth station license to add or change a point of
   communication will be considered under § 25.117.

   (b)  Earth  station  license modifications, notification not required.
   Notwithstanding paragraph (a)(2) of this section, equipment in an authorized
   earth  station may be replaced without prior authorization and without
   notifying the Commission if the new equipment is electrically identical to
   the existing equipment.

   (c)-(d) [Reserved]

   (e) Relocation of GSO space stations. A space station operator may modify
   its license without prior authorization, but upon 30 days prior notice to
   the Commission and any potentially affected licensed spectrum user, provided
   that the operator meets the following requirements. This notification must
   be filed electronically on Form 312 through the International Bureau Filing
   System  (IBFS) in accordance with the applicable provisions of part 1,
   subpart Y of this chapter:

   (1) The space station licensee will relocate a Geostationary Satellite Orbit
   (GSO) space station to another orbit location that is assigned to that
   licensee;

   (2)  The  relocated  space station licensee will operate with the same
   technical  parameters  as the space station initially assigned to that
   location, or within the original satellite's authorized and/or coordinated
   parameters;

   (3) The space station licensee certifies that it will comply with all the
   conditions  of its original license and all applicable rules after the
   relocation;

   (4)  The space station licensee certifies that it will comply with all
   applicable coordination agreements at the newly occupied orbital location;

   (5) The space station licensee certifies that it has completed any necessary
   coordination of its space station at the new location with other potentially
   affected space station operators, including coordination of station-keeping
   volume.

   (6) The space station licensee certifies that it will limit operations of
   the space station to Tracking, Telemetry, and Control (TT&C) functions
   during the relocation and satellite drift transition period; and

   (7) The space station licensee certifies that the relocation of the space
   station does not result in a lapse of service for any current customer.

   (8) A DBS space station licensee must certify that there will be no increase
   in interference due to the operations of the relocated space station that
   would require the Commission to submit a proposed modification to the ITU
   Appendix 30 Broadcasting-Satellite Service (“BSS”) Plan and/or the Appendix
   30A feeder link Plan to the ITU Radiocommunication Bureau.

   (9) For DBS licensees, the space station licensee must certify that it will
   meet the geographic service requirements in § 25.148(c).

   (f) Repositioning of NGSO space stations. A licensee may reposition NGSO
   space stations within an authorized orbital plane without prior Commission
   approval, provided the licensee notifies the Commission of the repositioning
   10 days in advance by electronic filing on Form 312 in the International
   Bureau  Filing  System.  The  notification must specify all changes in
   previously authorized parameters and must certify the following:

   (1) The licensee will continue to comply with the conditions of the space
   station license and all applicable Commission rules, including geographic
   coverage requirements, after the repositioning;

   (2) The repositioning will not increase risk of harmful interference to
   other systems not permitted by coordination agreements;

   (3) The licensee will not request increased interference protection because
   of the repositioning;

   (4) The licensee will monitor collision risk during the maneuver and take
   any necessary evasive measures.

   (5) Any change of orbital altitude entailed by the repositioning will not
   exceed 10 kilometers in extent or 30 days in duration and the licensee has
   notified,  or  will notify, the operator(s) of any satellite within 20
   kilometers of the interim orbit at least 10 days before commencing the
   repositioning maneuver.

   [ 62 FR 5928 , Feb. 10, 1997, as amended at  68 FR 62248 , Nov. 3, 2003;  68 FR 63999 , Nov. 12, 2003;  69 FR 47794 , Aug. 6, 2004;  70 FR 32253 , June 2, 2005;
    79 FR 8317 , Feb. 12, 2014]

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