[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR25.144]



[Page 298-299]

 

                       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



[[Page 299]]



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 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]