§ 25.144   Licensing provisions for the 2.3 GHz satellite digital audio radio
service.

   (a) Qualification Requirements:

   (1) [Reserved]

   (2) General Requirements: Each application for a system authorization in the
   satellite  digital audio radio service in the 2310-2360 MHz band shall
   describe  in detail the proposed satellite digital audio radio system,
   setting forth all pertinent technical and operational aspects of the system,
   and the technical, legal, and financial qualifications of the applicant. In
   particular, applicants must file information demonstrating compliance with
   § 25.114 and all of the requirements of this section.

   (3) Technical Qualifications: In addition to the information specified in
   paragraph (a)(1) of this section, each applicant shall:

   (i)  Demonstrate  that  its  system will, at a minimum, service the 48
   contiguous states of the United States (full CONUS);

   (ii) Certify that its satellite DARS system includes a receiver that will
   permit end users to access all licensed satellite DARS systems that are
   operational or under construction; and

   (b) Milestone requirements. Each applicant for system authorization in the
   satellite digital audio radio service must demonstrate within 10 days after
   a  required  implementation  milestone  as  specified  in  the  system
   authorization,  and on the basis of the documentation contained in its
   application, certify to the Commission by affidavit that the milestone has
   been met or notify the Commission by letter that it has not been met. At its
   discretion,  the  Commission  may require the submission of additional
   information (supported by affidavit of a person or persons with knowledge
   thereof) to demonstrate that the milestone has been met. The satellite DARS
   milestones are as follows, based on the date of authorization:

   (1) One year: Complete contracting for construction of first space station
   or begin space station construction;

   (2) Two years: If applied for, complete contracting for construction of
   second space station or begin second space station construction;

   (3) Four years: In orbit operation of at least one space station; and

   (4) Six years: Full operation of the satellite system.

   (c) [Reserved]

   (d) The license term for each digital audio radio service satellite and any
   associated terrestrial repeaters is specified in § 25.121.

   (e) SDARS Terrestrial Repeaters. (1) Only entities holding or controlling
   SDARS space station licenses may construct and operate SDARS terrestrial
   repeaters  and  such  construction  and operation is permitted only in
   conjunction with at least one SDARS space station that is concurrently
   authorized and transmitting directly to subscribers.

   (2) SDARS terrestrial repeaters will be eligible for blanket licensing only
   under the following circumstances:

   (i) The SDARS terrestrial repeaters will comply with all applicable power
   limits  set  forth in § 25.214(d)(1) of this chapter and all applicable
   out-of-band emission limits set forth in § 25.202(h)(1) and (h)(2).

   (ii) The SDARS terrestrial repeaters will meet all applicable requirements
   in  part 1, subpart I, and part 17 of this chapter. Operators of SDARS
   terrestrial repeaters must maintain demonstrations of compliance with part
   1, subpart I, of this chapter and make such demonstrations available to the
   Commission upon request within three business days.

   (iii) The SDARS terrestrial repeaters will comply with all requirements of
   all applicable international agreements.

   (3) After May 20, 2010, SDARS licensees shall, before deploying any new, or
   modifying any existing, terrestrial repeater, notify potentially affected
   WCS licensees pursuant to the procedure set forth in § 25.263.

   (4)  SDARS  terrestrial  repeaters  are restricted to the simultaneous
   retransmission of the complete programming, and only that programming,
   transmitted by the SDARS licensee's satellite(s) directly to the SDARS
   licensee's subscribers' receivers, and may not be used to distribute any
   information not also transmitted to all subscribers' receivers.

   (5) Operators of SDARS terrestrial repeaters are prohibited from using those
   repeaters  to  retransmit  different transmissions from a satellite to
   different regions within that satellite's coverage area.

   (6) Operators of SDARS terrestrial repeaters are required to comply with all
   applicable provisions of part 1, subpart I, and part 17 of this chapter.

   (7)(i) Each SDARS terrestrial repeater transmitter utilized for operation
   under this paragraph must be of a type that has been authorized by the
   Commission under its certification procedure.

   (ii) In addition to the procedures set forth in subpart J of part 2 of this
   chapter, power measurements for SDARS repeater transmitters may be made in
   accordance   with   a  Commission-approved  average  power  technique.
   Peak-to-average  power  ratio  (PAPR)  measurements for SDARS repeater
   transmitters should be made using either an instrument with complementary
   cumulative distribution function (CCDF) capabilities to determine that the
   PAPR will not exceed 13 dB for more than 0.1 percent of the time or another
   Commission approved procedure. The measurement must be performed using a
   signal  corresponding  to  the highest PAPR expected during periods of
   continuous transmission.

   (iii) Any manufacturer of radio transmitting equipment to be used in these
   services may request equipment authorization following the procedures set
   forth in subpart J of part 2 of this chapter. Equipment authorization for an
   individual  transmitter may be requested by an applicant for a station
   authorization  by following the procedures set forth in part 2 of this
   chapter.

   (8) Applications for blanket authority to operate terrestrial repeaters must
   be filed using Form 312, except that Schedule B to Form 312 need not be
   filed. Such applications must also include the following information as an
   attachment:

   (i)  The  space  station(s)  with which the terrestrial repeaters will
   communicate,   the   frequencies  and  emission  designators  of  such
   communications, and the frequencies and emission designators used by the
   repeaters to re-transmit the received signals.

   (ii) The maximum number of terrestrial repeaters that will be deployed under
   the authorization at 1) power levels equal to or less than 2-watt average
   EIRP, and 2) power levels greater than 2-watt average EIRP (up to 12-kW
   average EIRP).

   (iii) A certification of compliance with the requirements of § 25.144(e)(1)
   through (7).

   (9) SDARS terrestrial repeaters that are ineligible for blanket licensing
   must be authorized on a site-by-site basis. Applications for site-by-site
   authorization must be filed using Form 312, except that Schedule B need not
   be provided. Such applications must also include the following information,
   as an attachment:

   (i) The technical information for each repeater required to be shared with
   potentially affected WCS licensees as part of the notification requirement
   set forth in § 25.263(c)(2).

   (ii)  The  space  station(s) with which the terrestrial repeaters will
   communicate,   the   frequencies  and  emission  designators  of  such
   communications, and the frequencies and emission designators used by the
   repeaters to re-transmit the received signals.

   [ 62 FR 11105 , Mar. 11, 1997, as amended at  68 FR 51504 , Aug. 27, 2003;  70 FR 32254 , June 2, 2005;  75 FR 45067 , Aug. 2, 2010;  79 FR 8320 , Feb. 12, 2014]

   return arrow Back to Top