§ 25.142   Licensing provisions for the non-voice, non-geostationary
Mobile-Satellite Service.

   (a) Space station application requirements. (1) Each application for a space
   station  system  authorization  in  the  non-voice,  non-geostationary
   mobile-satellite service shall describe in detail the proposed non-voice,
   non-geostationary mobile-satellite system, setting forth all pertinent
   technical and operational aspects of the system, and the technical and legal
   qualifications of the applicant. In particular, each application shall
   include the information specified in § 25.114. Applicants must also file
   information demonstrating compliance with all requirements of this section,
   and showing, based on existing system information publicly available at the
   Commission at the time of filing, that they will not cause unacceptable
   interference to any non-voice, non-geostationary mobile-satellite service
   system authorized to construct or operate.

   (2) Applicants for a non-voice, non-geostationary Mobile-Satellite Service
   space station license must identify the power flux density produced at the
   Earth's surface by each space station of their system in the 137-138 MHz and
   400.15-401 MHz bands, to allow determination of whether coordination with
   terrestrial services is required under any applicable footnote to the Table
   of Frequency Allocations in § 2.106 of this chapter. In addition, applicants
   must identify the measures they would employ to protect the radio astronomy
   service  in  the  150.05-153  MHz and 406.1-410 MHz bands from harmful
   interference from unwanted emissions.

   (3) Emission limitations. (i) Applicants in the non-voice, non-geostationary
   mobile-satellite service shall show that their space stations will not
   exceed  the  emission  limitations  of § 25.202(f) (1), (2) and (3), as
   calculated for a fixed point on the Earth's surface in the plane of the
   space station's orbit, considering the worst-case frequency tolerance of all
   frequency determining components, and maximum positive and negative Doppler
   shift of both the uplink and downlink signals, taking into account the
   system design.

   (ii) Applicants in the non-voice, non-geostationary mobile-satellite service
   shall show that no signal received by their satellites from sources outside
   of their system shall be retransmitted with a power flux density level, in
   the  worst 4 kHz, higher than the level described by the applicants in
   paragraph (a)(2) of this section.

   (4) [Reserved]

   (5)  Replacement of space stations within the system license term. The
   licensee  need not file separate applications to construct, launch and
   operate technically identical replacement satellites within the term of the
   system authorization. However, the licensee shall certify to the Commission,
   at least thirty days prior to launch of such replacement(s) that:

   (i) The licensee intends to launch a space station that is technically
   identical to those authorized in its system license, and

   (ii) Launch of this space station will not cause the licensee to exceed the
   total number of operating space stations authorized by the Commission.

   (b) Operating conditions. In order to ensure compatible operations with
   authorized users in the frequency bands to be utilized for operations in the
   non-voice,   non-geostationary  mobile-satellite  service,  non-voice,
   non-geostationary  mobile-satellite  service  systems  must operate in
   accordance with the conditions specified in this section.

   (1) Service limitation. Voice services may not be provided.

   (2) Coordination requirements with Federal government users.

   (i)   The   frequency  bands  allocated  for  use  by  the  non-voice,
   non-geostationary mobile-satellite service are also authorized for use by
   agencies of the Federal government. The Federal use of frequencies in the
   non-voice, non-geostationary mobile-satellite service frequency bands is
   under the regulatory jurisdiction of the National Telecommunications and
   Information Administration (NTIA).

   (ii) The Commission will use its existing procedures for liaison with NTIA
   to reach agreement with respect to achieving compatible operations between
   Federal Government users under the jurisdiction of NTIA and non-voice,
   non-geostationary  Mobile-Satellite  Service  systems  (including user
   transceivers subject to blanket licensing under § 25.115(d)) through the
   frequency assignment and coordination practices established by NTIA and the
   Interdepartment Radio Advisory Committee (IRAC). In order to facilitate such
   frequency  assignment  and  coordination, applicants shall provide the
   Commission  with  sufficient  information  to evaluate electromagnetic
   compatibility with the Federal government use of the spectrum, and any
   additional  information  requested  by  the Commission. As part of the
   coordination  process,  applicants shall show that they will not cause
   unacceptable interference to authorized Federal government users, based upon
   existing  system information provided by the Government. The frequency
   assignment and coordination of the satellite system with Federal Government
   users shall be completed prior to grant of authorization.

   (iii) The Commission shall also coordinate with NTIA/IRAC with regard to the
   frequencies  to  be  shared  by  those  earth  stations  of non-voice,
   non-geostationary mobile-satellite service systems that are not subject to
   blanket  licensing under § 25.115(d), and authorized Federal government
   stations  in  the  fixed  and mobile services, through the exchange of
   appropriate systems information.

   (3) Coordination among non-voice, non-geostationary mobile-satellite service
   systems. Applicants for authority to establish non-voice, non-geostationary
   mobile-satellite service systems are encouraged to coordinate their proposed
   frequency usage with existing permittees and licensees in the non-voice,
   non-geostationary  mobile-satellite  service whose facilities could be
   affected  by  the  new  proposal in terms of frequency interference or
   restricted  system  capacity. All affected applicants, permittees, and
   licensees shall, at the direction of the Commission, cooperate fully and
   make every reasonable effort to resolve technical problems and conflicts
   that may inhibit effective and efficient use of the radio spectrum; however,
   the permittee or licensee being coordinated with is not obligated to suggest
   changes or re-engineer an applicant's proposal in cases involving conflicts.

   (4) Safety and distress communications. Stations operating in the non-voice,
   non-geostationary mobile-satellite service that are used to comply with any
   statutory or regulatory equipment carriage requirements may also be subject
   to the provisions of sections 321(b) and 359 of the Communications Act of
   1934, as amended. Licensees are advised that these provisions give priority
   to  radio  communications or signals relating to ships in distress and
   prohibit  a charge for the transmission of maritime distress calls and
   related traffic.

   (c) [Reserved]

   (d) Prohibition of certain agreements. No license shall be granted to any
   applicant for a non-voice, non-geostationary mobile-satellite service system
   if  that  applicant, or any companies controlling or controlled by the
   applicant, shall acquire or enjoy any right, for the purpose of handling
   traffic to or from the United States, its territories or possessions, to
   construct or operate space segment or earth stations in the non-voice,
   non-geosynchronous mobile-satellite service, or to interchange traffic,
   which  is  denied  to any other United States company by reason of any
   concession, contract, understanding, or working arrangement to which the
   licensee  or any persons or companies controlling or controlled by the
   licensee are parties.

   [ 58 FR 68060 , Dec. 23, 1993, as amended at  62 FR 5930 , Feb. 10, 1997;  62 FR 59295 , Nov. 3, 1997;  68 FR 51504 , Aug. 27, 2003;  78 FR 8422 , Feb. 6, 2013;
    79 FR 8320 , Feb. 12, 2014]

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