Subpart D-[Reserved] Subpart E-Applications and Authorizations

§ 25.390

Developmental operation.

(a) Scope of service: CommunicationSatellite developmental stations will be permitted to conduct the following types of operations:

(1) The development of new techniques which give promise of improvement in the Communication-Satellite Service;

(2) The development and testing of equipment intended for use in the Communication-Satellite Service;

(3) Path loss tests necessary to the location of newly proposed earth stations in the Communication-Satellite Service.

(b) Eligibility: An authorization for developmental operation of a station in the Communication-Satellite Service may be issued only to qualified parties who make a showing that they may be reasonably expected to contribute to the development of the Communication-Satellite Service.

(c) A station license may not be granted to or held by:

(1) Any alien or the representative of any alien;

(2) Any foreign government or the representative thereof;

(3) Any corporation organized under the laws of any foreign government;

(4) Any corporation of which any officer or director is an alien;

(5) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by: Aliens or their representatives; a foreign government or representatives thereof; or any corporation organized under the laws of a foreign country;

(6) Any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, if the Commission finds that the public interest will be served by the refusal or revocation of such license;

(7) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign government, if the Commission finds that

the public interest will be served by the refusal or revocation of such license.

(d) Forms to be used: (1) A separate application for construction permit shall be submitted on FCC Form 401 for each earth station and for each space station. (A space station may consist of one or more identical units.) Each earth station application shall be accompanied by FCC Form 401-A in triplicate in all cases when:

(i) The antenna structures proposed to be erected will exceed an overall height of 170 feet above ground level, except that where the antenna is mounted on top of an existing manmade structure and does not increase the overall height of such manmade structure by more than 20 feet, no Form 401-A need be filed, or

(ii) The antenna structures proposed to be erected will exceed an overall height of 1 foot above the established airport (landing area) elevation for each 200 feet of distance, or fraction thereof, from the nearest boundary of such landing area, except that where the antenna does not exceed 20 feet above the ground or if the antenna is mounted on top of an existing manmade structure or natural formation and does not increase the overall height of such manmade structure or natural formation by more than 20 feet, no Form 401-A need be filed.

(2) Upon completion of construction, an application for license may be submitted on FCC Form 403.

(e) Showing required: Each application for developmental operation shall be accompanied by a showing that:

(1) The applicant has an organized plan leading to a specific objective in the development of the Communication-Satellite Service.

(2) A point has been reached in the program where transmission by radio will be essential to the further progress thereof.

(3) The public interest, convenience, or necessity will be served by the proposed operation.

(4) In the event that the applicant seeks authority to construct and operate a space station, capable of being placed in earth orbit and communicating with earth stations, the Commission may require a statement which discloses that arrangements have been made between the applicant and an entity authorized to operate an earth station for transmission of communications signals to or reception of communications signals from such earth station.

(5) In the event that the applicant seeks authority to construct and operate an earth station capable of operating with a space station, the Commission may require a statement which discloses that arrangements have been made between the applicant and an entity authorized to operate a space station for transmission of communications signals to or reception of communications signals from such space station.

(f) Supplementary statement required: Every application for authority to engage in developmental operation shall be accompanied by a statement signed by the applicant in which it is agreed that any authorization issued pursuant thereto will be accepted with the express understanding of the applicant that it is subject to change in any of its terms or to cancellation in its entirety at any time, upon reasonable notice but without hearing, if, in the opinion of the Commission, circumstances should so require.

(g) Additional authority required for test of satellite in orbit: Authorization for the construction of a space station of one or more units shall include the authority for the conduct of performance tests on the ground; however, such construction permits shall not include authority to test such station in orbit. Authority to test a space station in orbit may be obtained only upon approval of a written request therefor, which shall be submitted after construction has been completed. The written request should include a statement setting forth in detail the arrangements which have been made for launch of the spacecraft.

(h) Frequencies available for assignment: Stations engaged in developmental operations may be authorized to use frequencies allocated to the Communication-Satellite Service. When developmental earth stations propose to operate in bands shared with terrestrial stations, the applications shall include a showing of coordination pursuant to § 25.203 (c). Applications proposing the operation or performance testing of communication-satellite space stations on the ground must include a showing that harmful interference will not be caused to the operation of licensed terrestrial stations. Requests for frequencies other than those allocated to the Communication-Satellite Service must be supported by a showing that the allocated frequencies are unsuitable. Such applications must be accompanied

by a petition requesting the allocation of frequencies for the use proposed to be made by the applicant, and setting forth the reasons in support of such use.

(i) Interference: The operation of any station engaged in developmental operations shall be subject to the condition that no harmful interference is caused to the operation of stations authorized on a regular basis under the provisions of this chapter.

(j) Notification to the National Radio Astronomy Observatory: In order to minimize possible harmful interference at the National Radio Astronomy Observatory site located at Green Bank, Pocahontas County, W. Va., and at the Naval Radio Research Observatory site at Sugar Grove, Pendleton County, W. Va., any applicant for a station authorization other than mobile, temporary base, temporary fixed, Citizens Radio, Civil Air Patrol, or Amateur seeking a station license for a new station, a construction permit to construct a new station or to modify an existing station license in a manner which would change either the frequency, power, antenna height or directivity, or location of such a station within the area bounded by 39°15' N. on the north, 78°30′ W. on the east, 37°30' N. on the south and 80°30' W. on the west shall, at the time of filing such application with the Commission, simultaneously notify the Director, National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, W. Va. 24944, in writing, of the technical particulars of the proposed station. Such notification shall include the geographical coordinates of the antenna, antenna height, antenna directivity if any, proposed frequency, type of emission, and power. In addition, the applicant shall indicate in his application to the Commission the date notification was made to the Observatory. After receipt of such applications, the Commission will allow a period of 20 days for comments or objections in response to the notifications indicated. If an objection to the proposed operation is received during the 20-day period from the National Radio Astronomy Observatory for itself or on behalf of the Naval Radio Research Observatory, the Commission will consider all aspects of the problem and take whatever action is deemed appropriate.

(k) Limitations on use: Stations used for developmental operation shall be constructed and used in such a manner as

to conform with all of the technical and operating requirements of this part unless deviation therefrom is specifically provided in the instrument of authorization. The rendition of communication service for hire is not permitted under any developmental authorization unless specifically authorized by this Commission.

(1) Special provisions: Where some phases of the developmental programs are not covered by the provisions of this chapter, the Commission may specify supplemental or additional requirements or conditions in each case, as deemed necessary in the public interest, convenience or necessity. The Commission may from time to time require a station engaged in developmental work to conduct such special tests as it finds are reasonable or desirable in connection with the authorized developmental program.

(m) Term of authorization: Licenses for developmental operation shall be issued for a term of 1 year, renewable upon request, pursuant to the provisions of paragraph (o) of this section.

(n) Report of operation: A report on the result of the developmental program shall be filed within 60 days of the expiration of the authorization. A licensee may request that its reports and associated material not be made public and the Commission will determine whether, in the light of applicable provisions of law and the requirements of the public interest, such request will be granted. The report shall include comprehensive and detailed information on the following:

(1) The final objective.

(2) Analysis of the results of operation obtained to date.

(3) Number of hours of operation on each frequency.

(4) Copies of any published reports. (0) Renewal of license: If the developmental program cannot be concluded during the license term an application for renewal of license should be submitted on FCC Form 405 within 90 days but not later than 30 days prior to the end of the license term. The report of operation as provided in paragraph (n) of this section and in addition, a statement in which the need for continuation of the program is clearly explained, should be attached. In any case in which the licensee has in accordance with the provisions of the chapter, made

timely and sufficient application for renewal of license, no license with reference to any activity of continuing nature shall expire until the disposition of such application shall have been finally determined.

(Secs. 4, 303, 48 Stat. as amended, 1066, 1082, 47 U.S.C. 154, 303; sec. 201, 76 Stat. 42, 47 U.S.C. 721) [32 F.R. 321, Jan. 12, 1967] Subparts F Through G-[Reserved] Subpart H-Authorization To Own Stock in the Communications Satellite Corporation

AUTHORITY: The provisions of this Subpart H issued under secs. 101-404, 76 Stat. 419427; 47 U.S.C. 701-744.

SOURCE: The provisions of this Subpart H appear at 28 F.R. 13037, Dec. 5, 1963, unless otherwise noted.

§ 25.501 Scope of this subpart.

The provisions of this subpart govern the administration of section 304 of the Communications Satellite Act of 1962. These rules provide the procedure by which Commission authorization may be obtained for the purchase of stock in the corporation, the form and content of the application, and the scope of the authorization which may be granted. § 25.502

Definitions.

(a) No communications common carrier, as defined in § 25.103(a), shall purchase, obtain, own, or otherwise hold. at any time, either directly or indirectly. through a subsidiary or affiliated company, nominee, person or other entity subject to its control or direction, shares of stock in the corporation created pursuant to the Communications Satellite Act of 1962 unless authorized to do so by the Commission.

(b) No individual, partnership, association, joint-stock company, trust, corporation, or other entity which owns or