§ 25.220   Non-conforming transmit/receive earth station operations.

   (a)(1) The requirements in this section apply to earth station applications
   of the types to which § 25.218 applies but that propose operation outside of
   relevant off-axis EIRP density envelopes specified in § 25.218. This section
   also  applies  to applications for full-transponder analog video earth
   stations that are ineligible for routine licensing under § 25.211(d).

   (2) The requirements for petitions to deny applications filed pursuant to
   this section are set forth in § 25.154.

   (b) If an antenna proposed for use by the applicant does not comply with the
   antenna performance standards contained in § 25.209(a) and (b), the applicant
   must provide, as an exhibit to its FCC Form 312 application, the antenna
   gain patterns specified in § 25.132(b).

   (c) [Reserved]

   (d)(1) The applicant must submit the certifications listed in paragraphs
   (d)(1)(i)  through  (d)(1)(iv)  of this section. The applicant will be
   authorized  to  transmit only to the satellite systems included in the
   coordination  agreements  referred to in the certification required by
   paragraph  (d)(1)(ii)  of  this section. The applicant will be granted
   protection from receiving interference only with respect to the satellite
   systems  included  in  the  coordination agreements referred to in the
   certification required by paragraph (d)(1)(ii) of this section, and only to
   the extent that protection from receiving interference is afforded by those
   coordination agreements.

   (i) A statement from the satellite operator acknowledging that the proposed
   operation of the subject non-conforming earth station with its satellite(s)
   has the potential to receive interference from adjacent satellite networks
   that may be unacceptable.

   (ii) A statement from the satellite operator that it has coordinated the
   operation  of  the  subject non-conforming earth station accessing its
   satellite(s), including its required downlink power density based on the
   information  contained in the application, with all adjacent satellite
   networks within 6° of orbital separation from its satellite(s), and the
   operations will operate in conformance with existing coordination agreement
   for its satellite(s) with other satellite systems, except as set forth in
   paragraph (d)(4) of this section.

   (iii) A statement from the satellite operator that it will include the
   subject non-conforming earth station operations in all future satellite
   network coordinations, and

   (iv) A statement from the earth station applicant certifying that it will
   comply  with  all  coordination  agreements  reached  by the satellite
   operator(s).

   (2) A license granted pursuant to paragraph (d)(1) of this section will
   include, as a condition on that license, that if a good faith agreement
   cannot be reached between the satellite operator and the operator of a
   future 2° compliant satellite, the earth station operator shall accept the
   power density levels that would accommodate the 2° compliant satellite.

   (3)  In the event that a coordination agreement discussed in paragraph
   (d)(1)(ii) of this section is reached, but that coordination agreement does
   not address protection from interference for the earth station, that earth
   station will be protected from interference to the same extent that an earth
   station  that meets the requirements of § 25.209 of this title would be
   protected from interference.

   (4) Notwithstanding paragraph (d)(1)(ii) of this section, a party applying
   for an earth station license pursuant to this section will not be required
   to certify that its target satellite operator has reached a coordination
   agreement with another satellite operator whose satellite is within 6° of
   orbital separation from its satellite in cases where the off-axis EIRP
   density level of the proposed earth station operations will be less than or
   equal to the levels specified by the applicable off-axis EIRP envelope set
   forth  in  § 25.218 of this chapter in the direction of the part of the
   geostationary orbit arc within 1° of the nominal orbit location of the
   adjacent satellite.

   (e)-(f) [Reserved]

   (g) Applicants filing applications for earth stations pursuant to this
   section must provide the following information for the Commission's public
   notice:

   (1) Detailed description of the service to be provided, including frequency
   bands and satellites to be used. The applicant must identify either the
   specific satellites with which it plans to operate, or the eastern and
   western boundaries of the geostationary satellite orbit arc it plans to
   coordinate.

   (2) The diameter or equivalent diameter of the antenna.

   (3) Proposed power and power density levels.

   (4) Identification of any rule or rules for which a waiver is requested.

   [ 70 FR 32256 , June 2, 2005, as amended at  72 FR 50030 , Aug. 29, 2007;  73 FR 70902 , Nov. 24, 2008;  74 FR 57099 , Nov. 4, 2009;  78 FR 14927 , Mar. 8, 2013;
    79 FR 8324 , Feb. 12, 2014]

   Effective Date Note: At  74 FR 9962 , Mar. 9, 2009, § 25.220 paragraphs (a) and
   (d), 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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