[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: 47CFR25.145] [Page 297-298] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 25--SATELLITE COMMUNICATIONS--Table of Contents Subpart B--Applications and Licenses Sec. 25.145 Licensing conditions for the Fixed-Satellite Service in the 20/30 GHz bands. (a) Except as provided in Sec. 25.210(b), in general all rules contained in this part apply to Fixed-Satellite Service in the 20/30 GHz bands. (b) System License. Applicants authorized to construct and launch a system of technically identical non-geostationary satellite orbit satellites will be awarded a single ``blanket'' license covering a specified number of space stations to operate in a specified number of orbital planes. (c) In addition to providing the information specified in Sec. 25.114, each non-geostationary satellite orbit applicant shall demonstrate the following: (1) That the proposed system be capable of providing fixed-satellite services to all locations as far north as 70 deg. latitude and as far south as 55 deg. latitude for at least 75% of every 24-hour period; and (2) That the proposed system is capable of providing fixed-satellite services on a continuous basis throughout the fifty states, Puerto Rico and the U.S. Virgin Islands, U.S. (d) [Reserved] (e) Prohibition of certain agreements. No license shall be granted to any applicant for a space station in the fixed-satellite service operating in the 20/30 GHz band if that applicant, or any persons or companies controlling or controlled by the applicant, shall acquire or enjoy any right, for the purpose of handling traffic to or from the United States, its territories or possession, to construct or operate space segment or earth stations, or to interchange traffic, which is denied to any other United States company by reason of any concession, contract, understanding, or working arrangement to which the Licensee or any persons or companies controlling or controlled by the Licensee are parties. (f) Implementation milestone schedule. Unless otherwise specified in the license, each GSO FSS licensee in the 20/30 GHz band will be required to begin construction of its first satellite within one year of grant of all space station frequency assignments, to begin construction of the remainder within two years of such authorization, to launch at least one satellite into each of its assigned orbit locations within five years of such authorization, and to launch the remainder of its satellites by the date required by the International Telecommunication Union to assure international recognition and protection of those satellites. Unless otherwise specified in the license, each NGSO FSS licensee in the 20/30 GHz band will be required to begin construction of its first two satellites within one year of the grant of all space station frequency assignments and complete construction of those first two satellites within four years of such authorization. Construction of the remaining authorized operating satellites in the constellation must begin within three years of such authorization, and the entire authorized system must be operational within six years. (g)(1) Reporting Requirements. All licensees in the 20/30 GHz band shall, on June 30 of each year, file a report with the International Bureau and the Commission's Columbia Operations Center, 9200 Farm House Lane, Columbia, MD 21046 containing the following information: [[Page 298]] (i) Status of space station construction and anticipated launch date, including any major problems or delay encountered; (ii) A listing of any non-scheduled space station outages for more than thirty minutes and the cause(s) of such outages; and (iii) 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. (2) Licensees shall submit to the Commission a yearly report indicating the number of earth stations actually brought into service under its blanket licensing authority. The annual report is due to the Commission no later than the first day of April of each year and shall indicate the deployment figures for the preceding calendar year. (h) Policy governing the relocation of terrestrial services from the 18.3 to 19.3 GHz band. Frequencies in the 18.3-19.3 GHz band listed in parts 21, 74, 78, and 101 of this chapter have been reallocated for primary use by the Fixed-Satellite Service, subject to various provisions for the existing terrestrial licenses. Fixed-Satellite Service operations are not entitled to protection from the co-primary operations until after the period during which terrestrial stations remain co-primary has expired. (see Secs. 21.901(e), 74.502(c), 74.602(g), 78.18(a)(4), and 101.147(r) of this chapter). [62 FR 61456, Nov. 18, 1997, as amended at 65 FR 54171, Sept. 7, 2000; 66 FR 63515, Dec. 7, 2001; 67 FR 39310, June 7, 2002; 68 FR 16966, Apr. 8, 2003; 68 FR 51505, Aug. 27, 2003]