§25.118. Modifications not requiring prior authorization.

Blanket-licensed earth station operators may add remote terminals operating on a primary basis without prior authorization, provided they have complied with all applicable frequency coordination procedures in accordance with § 25.251.

A licensee providing service on a private carrier basis may change its operations to common carrier status without obtaining prior Commission authorization. The licensee must notify the Commission using FCC Form 312 within 30 days after the completed change to common carrier status.

An earth station operator may change a point of communication without prior authorization, provided the operator does not repoint the earth station's antenna beyond any coordinated range; and

An earth station licensee may additionally:

Equipment in an authorized earth station may be replaced without prior authorization and without notifying the Commission if the new equipment is electrically identical to the existing equipment.

Licensees may make other changes to their authorized earth stations, including the addition of new transceiver/antenna combinations, without notifying the Commission, provided the modification does not involve:

The space station will be relocated to a position within ±0.15° of an orbital location assigned to the same licensee.

The licensee certifies that the space station will operate after the relocation within the technical parameters authorized and coordinated for the space station previously assigned to that location.

The licensee certifies that it will comply with all the conditions of its license for operation at the changed location.

The licensee certifies that it will limit operations of the space station to tracking, telemetry, and command functions during the relocation and satellite drift transition period.

The licensee certifies that the relocation will not result in a lapse of service for any current customer.

If the space station to be relocated is a DBS space station, the licensee certifies that there will be no increase in interference due to the operations of the relocated space station that would require the Commission to submit a proposed modification to the ITU Appendix 30 Broadcasting-Satellite Service Plan and/or the Appendix 30A feeder-link Plan (both incorporated by reference, see § 25.108) to the ITU Radiocommunication Bureau. A DBS licensee that meets this certification requirement is not subject to the requirements in paragraph (e)(2) of this section.

If the space station to be relocated is a DBS space station, the licensee certifies that it will meet the geographic service requirements in § 25.148(c) after the relocation.

The licensee will continue to comply with the conditions of the space station license and all applicable Commission rules, including geographic coverage requirements, after the repositioning;

The repositioning will not increase risk of harmful interference to other systems not permitted by coordination agreements;

The licensee will not request increased interference protection because of the repositioning;

The licensee will monitor collision risk during the maneuver and take any necessary evasive measures.

Any change of orbital altitude entailed by the repositioning will not exceed 10 kilometers in extent or 30 days in duration and the licensee has notified, or will notify, the operator(s) of any satellite within 20 kilometers of the interim orbit at least 10 days before commencing the repositioning maneuver.

The operator has permission from the satellite operator to communicate with the satellite system;

The earth station operator does not repoint the earth station's antenna beyond any coordinated range;

Adding a point of communication does not result in an increased risk of harmful interference;

Adding the point of communication does not involve any change to authorized frequencies; and

The added point of communication is not a satellite that does not have U.S. market access. An earth station applicant may begin operating with the added point of communication under this rule part after both electronically filing Form 312 and Schedule B in the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter and paying the applicable filing fee. This filing shall constitute a conditional authorization. The conditional authorization will automatically expire and the operator must terminate operations immediately using the new point of communication if, within 15 days of paying the filing fee, the Commission notifies the earth station operator that the added point of communication does not comply with requirements of this paragraph. If the Commission does not provide the foregoing notice within the prescribed period, the conditional authorization will automatically expire and the license will be modified in ICFS to add the point of communication as of the date of payment of the filing fee. Nothing in this rule part prohibits the Commission from pursuing enforcement action after the lapse of the 15-day period for noncompliant operation, including noncompliant operation occurring during the period of conditional authorization.