§ 25.149   Application requirements for ancillary terrestrial components in
Mobile-Satellite Service networks operating in the 1.5./1.6 GHz and 1.6/2.4 GHz
Mobile-Satellite Service.

   (a)  Applicants  for  ancillary  terrestrial component authority shall
   demonstrate  that the applicant does or will comply with the following
   through certification or explanatory technical exhibit, as appropriate:

   (1) ATC shall be deployed in the forward-band mode of operation whereby the
   ATC mobile terminals transmit in the MSS uplink bands and the ATC base
   stations transmit in the MSS downlink bands in portions of the 1626.5-1660.5
   MHz/1525-1559 MHz bands (L-band) and the 1610-1626.5 MHz/2483.5-2500 MHz
   bands.

   Note to paragraph (a)(1): An L-band MSS licensee is permitted to apply for
   ATC authorization based on a non-forward-band mode of operation provided it
   is able to demonstrate that the use of a non-forward-band mode of operation
   would produce no greater potential interference than that produced as a
   result of implementing the rules of this section.

   (2) ATC operations shall be limited to certain frequencies:

   (i) [Resreved]

   (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC operations
   are limited to the frequency assignments authorized and internationally
   coordinated for the MSS system of the MSS licensee that seeks ATC authority.

   (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands, ATC operations are
   limited to the 1610-1617.775 MHz, 1621.35-1626.5 MHz, and 2483.5-2495 MHz
   bands and to the specific frequencies authorized for use by the MSS licensee
   that seeks ATC authority.

   (3) ATC operations shall not exceed the geographical coverage area of the
   Mobile-Satellite Service network of the applicant for ATC authority.

   (4)  ATC  base  stations  shall comply with all applicable antenna and
   structural clearance requirements established in part 17 of this chapter.

   (5) ATC base stations and mobile terminals shall comply with part 1 of this
   chapter, Subpart I—Procedures Implementing the National Environmental Policy
   Act of 1969, including the guidelines for human exposure to radio frequency
   electromagnetic fields as defined in § § 1.1307(b) and 1.1310 of this chapter
   for PCS networks.

   (6)  ATC base station operations shall use less than all available MSS
   frequencies  when using all available frequencies for ATC base station
   operations   would   exclude  otherwise  available  signals  from  MSS
   space-stations.

   (b) Applicants for an ancillary terrestrial component shall demonstrate that
   the  applicant does or will comply with the following criteria through
   certification:

   (1) Geographic and temporal coverage. (i) [Reserved]

   (ii) For the L-band, an applicant must demonstrate that it can provide
   space-segment service covering all 50 states, Puerto Rico, and the U.S.
   Virgin Islands one-hundred percent of the time, unless it is not technically
   possible for the MSS operator to meet the coverage criteria from its orbital
   position.

   (iii) For the 1.6/2.4 GHz Mobile-Satellite Service bands, an applicant must
   demonstrate that it can provide space-segment service to all locations as
   far north as 70° North latitude and as far south as 55° South latitude for
   at least seventy-five percent of every 24-hour period, i.e., that at least
   one satellite will be visible above the horizon at an elevation angle of at
   least  5°  for  at  least 18 hours each day, and on a continuous basis
   throughout the fifty states, Puerto Rico and the U.S. Virgin Islands, i.e.,
   that  at  least  one satellite will be visible above the horizon at an
   elevation angle of at least 5° at all times.

   (2) Replacement satellites. (i) Operational NGSO MSS ATC systems shall
   maintain an in-orbit spare satellite.

   (ii) Operational GSO MSS ATC systems shall maintain a spare satellite on the
   ground within one year of commencing operations and launch it into orbit
   during the next commercially reasonable launch window following a satellite
   failure.

   (iii) All MSS ATC licensees must report any satellite failures, malfunctions
   or outages that may require satellite replacement within ten days of their
   occurrence.

   (3) Commercial availability. Mobile-satellite service must be commercially
   available  (viz.,  offering services for a fee) in accordance with the
   coverage requirements that pertain to each band as a prerequisite to an MSS
   licensee's offering ATC service.

   (4) Integrated services. MSS ATC licensees shall offer an integrated service
   of MSS and MSS ATC. Applicants for MSS ATC may establish an integrated
   service offering by affirmatively demonstrating that:

   (i) The MSS ATC operator will use a dual-mode handset that can communicate
   with both the MSS network and the MSS ATC component to provide the proposed
   ATC service; or

   (ii) Other evidence establishing that the MSS ATC operator will provide an
   integrated service offering to the public.

   (5) In-band operation. (i) [Reserved]

   (ii) In the 1.6/2.4 GHz Mobile-Satellite Service bands, MSS ATC is limited
   to no more than 7.775 MHz of spectrum in the L-band and 11.5 MHz of spectrum
   in the S-band. Licensees in these bands may implement ATC only on those
   channels  on  which MSS is authorized, consistent with the 1.6/2.4 GHz
   Mobile-Satellite Service band-sharing arrangement.

   (iii) In the L-band, MSS ATC is limited to those frequency assignments
   available for MSS use in accordance with the Mexico City Memorandum of
   Understanding, its successor agreements or the result of other organized
   efforts of international coordination.

   (c)  Equipment certification. (1) Each ATC mobile station utilized for
   operation under this part and each transmitter marketed, as set forth in
   § 2.803 of this chapter, must be of a type that has been authorized by the
   Commission under its certification procedure for use under this part.

   (2) 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.

   (3) Licensees and manufacturers are subject to the radiofrequency radiation
   exposure requirements specified in § § 1.1307(b), 2.1091, and 2.1093 of this
   chapter,  as  appropriate.  MSS ATC base stations must comply with the
   requirements specified in § 1.1307(b) of this chapter for PCS base stations.
   MSS ATC mobile stations must comply with the requirements specified for
   mobile and portable PCS transmitting devices in § 1.1307(b) of this chapter.
   MSS ATC mobile terminals must also comply with the requirements in § § 2.1091
   and 2.1093 of this chapter for Satellite Communications Services devices.
   Applications for equipment authorization of mobile or portable devices
   operating under this section must contain a statement confirming compliance
   with  these  requirements  for both fundamental emissions and unwanted
   emissions. Technical information showing the basis for this statement must
   be submitted to the Commission upon request.

   (d)  Applicants for an ancillary terrestrial component authority shall
   demonstrate that the applicant does or will comply with the provisions of
   § 1.924 of this chapter and § § 25.203(e) through 25.203(g) and with § 25.253 or
   § 25.254, as appropriate, through certification or explanatory technical
   exhibit.

   (e) Except as provided for in paragraph (f) of this section, no application
   for an ancillary terrestrial component shall be granted until the applicant
   has demonstrated actual compliance with the provisions of paragraph (b) of
   this section. Upon receipt of ATC authority, all ATC licensees must ensure
   continued  compliance  with  this  section  and § 25.253 or § 25.254, as
   appropriate.

   (f) Special provision for operational MSS systems. Applicants for MSS ATC
   authority with operational MSS systems that are in actual compliance with
   the requirements prescribed in paragraphs (b)(1), (b)(2), and (b)(3) of this
   section at the time of application may elect to satisfy the requirements of
   paragraphs (b)(4) and (b)(5) of this section prospectively by providing a
   substantial showing in its certification regarding how the applicant will
   comply  with  the requirements of paragraphs (b)(4) and (b)(5) of this
   section. Notwithstanding § 25.117(f) and paragraph (e) of this section, the
   Commission  may grant an application for ATC authority based on such a
   prospective substantial showing if the Commission finds that operations
   consistent with the substantial showing will result in actual compliance
   with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this
   section.  An  MSS ATC applicant that receives a grant of ATC authority
   pursuant to this paragraph (f) shall notify the Commission within 30 days
   once it begins providing ATC service. This notification must take the form
   of  a letter formally filed with the Commission in the appropriate MSS
   license docket and shall contain a certification that the MSS ATC service is
   consistent with its ATC authority.

   (g) Spectrum leasing. Leasing of spectrum rights by MSS licensees or system
   operators  to spectrum lessees for ATC use is subject to the rules for
   spectrum manager leasing arrangements (see § 1.9020) as set forth in part 1,
   subpart X of the rules (see § 1.9001 et seq.). In addition, at the time of
   the filing of the requisite notification of a spectrum manager leasing
   arrangement using Form 608 (see § § 1.9020(e) and 1.913(a)(5)), both parties
   to the proposed arrangement must have a complete and accurate Form 602 (see
   § 1.913(a)(2)) on file with the Commission.

   [ 68 FR 47859 , Aug. 12, 2003, as amended at  69 FR 48162 , Aug. 9, 2004;  70 FR 19318 , Apr. 13, 2005,  73 FR 25592 , May 7, 2008;  76 FR 31260 , May 31, 2011;
    78 FR 8267 , Feb. 5, 2013;  78 FR 8424 , Feb. 6, 2013;  79 FR 27502 , May 14,
   2014]

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