[Code of Federal Regulations] [Title 47, Volume 2] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR25.144] [Page 296-297] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 25--SATELLITE COMMUNICATIONS--Table of Contents Subpart B--Applications and Licenses Sec. 25.144 Licensing provisions for the 2.3 GHz satellite digital audio radio service. (a) Qualification Requirements: (1) Satellite CD Radio, Primosphere Limited Partnership, Digital Satellite Broadcasting Corporation, and American Mobile Radio Corporation are the applicants eligible for licensing in the satellite digital audio radio service. (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 Sec. 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 (iii) Identify the compression rate it will use to transmit audio programming. If applicable, the applicant shall identify the compression rate it will use to transmit services that are ancillary to satellite DARS. (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) Reporting requirements. All licensees of satellite digital audio radio [[Page 297]] service systems shall, on June 30 of each year, file a report with the International Bureau and the Commission's Laurel, Maryland field office containing the following information: (1) Status of space station construction and anticipated launch date, including any major problems or delay encountered; (2) A listing of any non-scheduled space station outages for more than thirty minutes and the cause(s) of such outages; and (3) Identification of any space station(s) not available for service or otherwise not performing to specifications, the cause(s) of these difficulties, and the date any space station was taken out of service or the malfunction identified. (d) The license term for each digital audio radio service satellite shall commence when the satellite is launched and put into operation and the term will run for eight years. [62 FR 11105, Mar. 11, 1997, as amended at 68 FR 51504, Aug. 27, 2003]