Goto Section: 25.112 | 25.114 | Table of Contents
Revised as of October 1, 2016
Goto Year:2015 |
§ 25.113 Station construction, deployment approval, and operation of spare
(a) Construction permits are not required for earth stations.
Construction of such stations may commence prior to grant of an earth
station license at the applicant's own risk, subject to the
requirements of § 1.1312 and part 17 of this chapter concerning
environmental processing and construction, marking, and lighting of
(b) Construction permits are not required for Ancillary Terrestrial
Component (ATC) stations. A party with licenses issued under this part
for launch and operation of 1.5/1.6 GHz or 1.6/2.4 GHz GHz
Mobile-Satellite Service space stations and operation of associated ATC
facilities may commence construction of ATC base stations at its own
risk after commencing physical construction of the space stations,
subject to the requirements of § 1.1312 and part 17 of this chapter.
Such an MSS/ATC licensee may also conduct equipment tests for the
purpose of making adjustments and measurements necessary to ensure
compliance with the terms of its ATC license, applicable rules in this
part, and technical design requirements. Prior to commencing such
construction and pre-operational testing, an MSS/ATC licensee must
notify the Commission of the commencement of physical satellite
construction and the licensee's intention to construct and test ATC
facilities. This notification must be filed electronically in the
appropriate file in the International Bureau Filing System database.
The notification must specify the frequencies the licensee proposes to
use for pre-operational testing and the name, address, and telephone
number of a representative for the reporting and mitigation of any
interference resulting from such testing. MSS/ATC licensees engaging in
pre-operational testing must comply with § § 5.83, 5.85(c), 5.111, and
5.117 of this chapter regarding experimental operations. An MSS/ATC
licensee may not offer ATC service to the public for compensation
during pre-operational testing.
(f) Construction permits are not required for U.S.-licensed space
stations, except for stations that the applicant proposes to operate to
disseminate program content to be received by the public at large,
rather than only by subscribers. Construction of a station for which a
construction permit is not required may commence, at the applicant's
own risk, prior to grant of a license.
(g) Except as set forth in paragraphs (h) and (i) of this section,
approval for orbital deployment and a station license (i.e., operating
authority) must be applied for and granted before a space station may
be deployed and operated in orbit. Approval for orbital deployment may
be requested in an application for a space station license. However, an
application for authority to deploy and operate an on-ground spare
satellite will be considered pursuant to the following procedures:
(1) Applications for deployment and operation of an on-ground spare
NGSO-like satellite will be considered pursuant to the procedures set
forth in § 25.157, except as provided in paragraph (g)(3) of this
(2) Applications for deployment and operation of an on-ground spare
GSO-like satellite will be considered pursuant to the procedures set
forth in § 25.158, except as provided in paragraph (g)(3) of this
(3) Neither paragraph (g)(1) nor (g)(2) of this section will apply in
cases where the space station to be deployed is determined to be an
emergency replacement for a previously authorized space station that
has been lost as a result of a launch failure or a catastrophic
(h) An operator of NGSO space stations under a blanket license granted
by the Commission need not apply for license modification to operate
technically identical in-orbit spare satellites in an authorized orbit.
However, the licensee must notify the Commission within 30 days of
bringing an in-orbit spare into service and certify that its activation
has not exceeded the number of space stations authorized to provide
service and that the licensee has determined by measurement that the
activated spare is operating within the terms of the license.
(i) An operator of NGSO space stations under a blanket license granted
by the Commission need not apply for license modification to deploy and
operate technically identical replacement satellites in an authorized
orbit within the term of the system authorization. However, the
licensee must notify the Commission of the intended launch at least 30
days in advance and certify that its operation of the additional space
station(s) will not increase the number of space stations providing
service above the maximum number specified in the license.
[ 56 FR 24016 , May 28, 1991, as amended at 61 FR 4366 , Feb. 6, 1996; 61 FR 9951 , Mar. 12, 1996; 61 FR 55582 , Oct. 28, 1996; 62 FR 5927 , Feb.
10, 1997; 62 FR 64172 , Dec. 4, 1997; 68 FR 51502 , Aug. 27, 2003; 69 FR 47794 , Aug. 6, 2004; 70 FR 32253 , June 2, 2005; 77 FR 3954 , Jan. 26,
2012; 78 FR 8421 , Feb. 6, 2013; 79 FR 8314 , Feb. 12, 2014; 79 FR 27503 ,
May 14, 2014; 81 FR 55326 , Aug. 18, 2016]
Effective Date Note: At 79 FR 27503 , May 14, 2014, in § 25.113, in the
second sentence in paragraph (b), “1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz
Mobile-Satellite Service” was corrected to read “1.5/1.6 GHz or 1.6/2.4
GHz GHz Mobile-Satellite Service”. This amendment contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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Goto Section: 25.112 | 25.114
Goto Year: 2015 |
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