§ 25.262   Licensing and domestic coordination requirements for 17/24 GHz BSS
space stations.

   (a) Except as described in paragraphs (b), (c) or (e) of this section,
   applicants seeking to operate a space station in the 17/24 GHz BSS must
   locate that space station at one of the orbital positions described in
   Appendix  F of the Report and Order adopted May 2, 2007, IB Docket No.
   06-123, FCC 07-76.

   (b) An applicant may be authorized to operate a 17/24 GHz BSS space station
   at an orbital location described in Appendix F as set forth in paragraph (a)
   of this section, or at a location with a geocentric angular separation of
   one degree or less from an Appendix F location, and may operate at the
   maximum power flux density limits defined in § 25.208(c) and (w) of this
   part, without coordinating its power flux density levels with adjacent
   licensed or permitted operators, only if there is no licensed 17/24 GHz BSS
   space  station or prior-filed application at a location less than four
   degrees from the offset orbital location at which the applicant proposes to
   operate.

   (c)(1)  Notwithstanding  the provisions of this section, licensees and
   permittees will be allowed to apply for a license or authorization for a
   replacement satellite that will be operated at the same power level and
   interference protection as the satellite to be replaced.

   (2) In addition, applicants for licenses or authority for a satellite to be
   operated at an orbit location that was made available after a previous 17/24
   GHz BSS license was cancelled or surrendered will be permitted to apply for
   authority to operate a satellite at the same power level and interference
   protection as the previous licensee at that orbit location, to the extent
   that their proposed operations are consistent with the provisions of this
   part. Such applications will be considered pursuant to the first-come,
   first-served procedures set forth in § 25.158 of this part.

   (d) Any U.S. licensee or permittee using a 17/24 GHz BSS space station that
   is located less than four degrees away from a prior-authorized 17/24 GHz BSS
   space station that is authorized to operate in accordance with paragraph (b)
   of this section:

   (1) may not cause any more interference to the adjacent satellite network
   than  would be caused if the adjacent 17/24 GHz BSS space station were
   located four degrees away from the proposed space station; and

   (2) must accept any increased interference that results from the adjacent
   space station network operating at the offset orbital location less than
   four degrees away.

   (e) Any 17/24 GHz BSS U.S. licensee or permittee that is required to provide
   information in its application pursuant to § 25.140(b)(4)(ii) or (b)(4)(iii)
   of this part must accept any increased interference that may result from
   adjacent 17/24 GHz BSS space stations that are operating in compliance with
   the rules for this service.

   (f) Any 17/24 GHz BSS U.S. licensee or permittee that does not comply with
   the power flux-density limits set forth in § 25.208(w) of this part shall
   bear the burden of coordinating with any future co-frequency licensees and
   permittees of a 17/24 GHz BSS network under the following circumstances:

   (1) If the operator's space-to-Earth power flux-density levels exceed the
   power flux-density limits set forth in § 25.208(w) of this part by 3 dB or
   less, the operator shall bear the burden of coordinating with any future
   operators proposing a 17/24 GHz BSS space station in compliance with power
   flux-density limits set forth in § 25.208(w) of this part and located within
   ±6 degrees of the operator's 17/24 GHz BSS space station.

   (2) If the operator's space-to-Earth power flux-density levels exceed the
   power flux-density limits set forth in § 25.208(w) of this part by more than
   3 dB, the operator shall bear the burden of coordinating with any future
   operators proposing a 17/24 GHz BSS space station in compliance with power
   flux-density limits set forth in § 25.208(w) of this part and located within
   ±10 degrees of the operator's 17/24 GHz BSS space station.

   (3) If no good faith agreement can be reached, the operator of the 17/24 GHz
   BSS satellite network that does not comply with § 25.208(w) of this part
   shall reduce its space-to-Earth power flux-density levels to be compliant
   with those specified in § 25.208(w) of this part.

   [ 72 FR 60280 , Oct. 24, 2007]

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