[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: 47CFR25.149]



[Page 306-308]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 25_SATELLITE COMMUNICATIONS--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 25.149  Application requirements for ancillary terrestrial components 



in the mobile-satellite service networks operating in the 1.5./1.6 GHz, 

1.6/2.4 GHz and 2 GHz mobile-satellite service.



    (a) Applicants for ancillary terrestrial component authority shall 

demonstrate that the applicant does or will comply with the following 

through certification or explanatory technical exhibit, as appropriate:

    (1) ATC shall be deployed in the forward-band mode of operation 

whereby the ATC mobile terminals transmit in the MSS uplink bands and 

the ATC base stations transmit in the MSS downlink bands in portions of 

the 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5 

MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500 

MHz bands (Big LEO band).

    (2) ATC operations shall be limited to certain frequencies:

    (i) In the 2000-2020 MHz/2180-2200 MHz bands (2 GHz MSS band), ATC 

operations are limited to the selected assignment of the 2 GHz MSS 

licensee that seeks ATC authority.

    (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC 

operations are limited to the frequency assignments authorized and 

internationally coordinated for the MSS system of the MSS licensee that 

seeks ATC authority.

    (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO bands), 

ATC operations are limited to the 1610-1615.5 MHz, 1621.35-1626.5 MHz, 

and 2487.5-2493.0 MHz bands and to the specific frequencies authorized 

for use by the MSS licensee that seeks ATC authority.

    (3) ATC operations shall not exceed the geographical coverage area 

of the mobile satellite service network of the applicant for ATC 

authority.

    (4) ATC base stations shall comply with all applicable antenna and 

structural clearance requirements established in part 17 of this 

chapter.



[[Page 307]]



    (5) ATC base stations and mobile terminals shall comply with part 1 

of this chapter, Subpart I--Procedures Implementing the National 

Environmental Policy Act of 1969, including the guidelines for human 

exposure to radio frequency electromagnetic fields as defined in 

Sec. Sec. 1.1307(b) and 1.1310 of this chapter for PCS networks.

    (6) ATC base station operations shall use less than all available 

MSS frequencies when using all available frequencies for ATC base 

station operations would exclude otherwise available signals from MSS 

space-stations.

    (b) Applicants for an ancillary terrestrial component shall 

demonstrate that the applicant does or will comply with the following 

criteria through certification:

    (1) Geographic and temporal coverage. (i) For the 2 GHz MSS band, an 

applicant must demonstrate that it can provide space-segment service 

covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-

hundred percent of the time, consistent with the coverage requirements 

for 2 GHz MSS GSO operators.

    (ii) For the L-band, an applicant must demonstrate that it can 

provide space-segment service covering all 50 states, Puerto Rico, and 

the U.S. Virgin Islands one-hundred percent of the time, unless it is 

not technically possible for the MSS operator to meet the coverage 

criteria from its orbital position.

    (iii) For the Big LEO band, an applicant must demonstrate that it 

can provide space-segment service to all locations as far north as 

70[deg] North latitude and as far south as 55[deg] South latitude for at 

least seventy-five percent of every 24-hour period, i.e., that at least 

one satellite will be visible above the horizon at an elevation angle of 

at least 5[deg] for at least 18 hours each day, and on a continuous 

basis throughout the fifty states, Puerto Rico and the U.S. Virgin 

Islands, i.e., that at least one satellite will be visible above the 

horizon at an elevation angle of at least 5[deg] at all times.

    (2) Replacement satellites. (i) Operational NGSO MSS ATC systems 

shall maintain an in-orbit spare satellite.

    (ii) Operational GSO MSS ATC systems shall maintain a spare 

satellite on the ground within one year of commencing operations and 

launch it into orbit during the next commercially reasonable launch 

window following a satellite failure.

    (iii) All MSS ATC licensees must report any satellite failures, 

malfunctions or outages that may require satellite replacement within 

ten days of their occurrence.

    (3) Commercial availability. Mobile-satellite service must be 

commercially available (viz., offering services for a fee) in accordance 

with the coverage requirements that pertain to each band as a 

prerequisite to an MSS licensee's offering ATC service.

    (4) Integrated services. MSS ATC licensees shall offer an integrated 

service of MSS and MSS ATC. Applicants for MSS ATC may establish an 

integrated service offering by affirmatively demonstrating that:

    (i) The MSS ATC operator will use a dual-mode handset that can 

communicate with both the MSS network and the MSS ATC component to 

provide the proposed ATC service; or

    (ii) Other evidence establishing that the MSS ATC operator will 

provide an integrated service offering to the public.

    (5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is limited 

to an MSS licensee's selected assignment. MSS ATC operations on 

frequencies beyond the MSS licensee's selected assignment are 

prohibited.

    (ii) In the Big LEO band, MSS ATC is limited to no more than 5.5 MHz 

of spectrum in each direction of operation. Licensees in these bands may 

implement ATC only on those channels on which MSS is authorized, 

consistent with the Big LEO band-sharing arrangement.

    (iii) In the L-band, MSS ATC is limited to those frequency 

assignments available for MSS use in accordance with the Mexico City 

Memorandum of Understanding, its successor agreements or the result of 

other organized efforts of international coordination.

    (c) Equipment certification. (1) Each ATC MET utilized for operation 

under this part and each transmitter marketed, as set forth in Sec. 

2.803 of this chapter, must be of a type that has been authorized by the 

Commission



[[Page 308]]



under its certification procedure for use under this part.

    (2) Any manufacturer of radio transmitting equipment to be used in 

these services may request equipment authorization following the 

procedures set forth in subpart J of part 2 of this chapter. Equipment 

authorization for an individual transmitter may be requested by an 

applicant for a station authorization by following the procedures set 

forth in part 2 of this chapter.

    (3) Licensees and manufacturers are subject to the radiofrequency 

radiation exposure requirements specified in Sec. Sec. 1.1307(b), 

2.1091 and 2.1093 of this chapter, as appropriate. MSS ATC base stations 

must comply with the requirements specified in Sec. 1.1307(b) of this 

chapter for PCS base stations. MSS ATC mobile terminals must comply with 

the requirements specified for mobile and portable PCS transmitting 

devices in Sec. 1.1307(b) of this chapter. MSS ATC mobile terminals 

must also comply with the requirements in Sec. Sec. 2.1091 and 2.1093 

of this chapter for Satellite Communications Services devices. 

Applications for equipment authorization of mobile or portable devices 

operating under this section must contain a statement confirming 

compliance with these requirements for both fundamental emissions and 

unwanted emissions. Technical information showing the basis for this 

statement must be submitted to the Commission upon request.

    (d) Applicants for an ancillary terrestrial component authority 

shall demonstrate that the applicant does or will comply with the 

provisions of Sec. Sec. 1.924 and 25.203(e) through 25.203(g) and with 

Sec. Sec. 25.252, 25.253, or 25.254, as appropriate, through 

certification or explanatory technical exhibit.

    (e) Except as provided for in paragraph (f) of this section, no 

application for an ancillary terrestrial component shall be granted 

until the applicant has demonstrated actual compliance with the 

provisions of paragraph (b) of this section. Upon receipt of ATC 

authority, all ATC licensees must ensure continued compliance with this 

section and Sec. Sec. 25.252, 25.253, or 25.254, as appropriate.

    (f) Special provision for operational MSS systems. Applicants for 

MSS ATC authority with operational MSS systems that are in actual 

compliance with the requirements prescribed in paragraphs (b)(1), 

(b)(2), and (b)(3) of this section at the time of application may elect 

to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this 

section prospectively by providing a substantial showing in its 

certification regarding how the applicant will comply with the 

requirements of paragraphs (b)(4) and (b)(5) of this section. 

Notwithstanding Sec. 25.117(f) and paragraph (e) of this section, the 

Commission may grant an application for ATC authority based on such a 

prospective substantial showing if the Commission finds that operations 

consistent with the substantial showing will result in actual compliance 

with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this 

section. An MSS ATC applicant that receives a grant of ATC authority 

pursuant to this paragraph (f) shall notify the Commission within 30 

days once it begins providing ATC service. This notification must take 

the form of a letter formally filed with the Commission in the 

appropriate MSS license docket and shall contain a certification that 

the MSS ATC service is consistent with its ATC authority.



[68 FR 47859, Aug. 12, 2003, as amended at 69 FR 48162, Aug. 9, 2004]



                       Processing of Applications