(a) The licensee of a facility licensed under this part is responsible for the proper operation and maintenance of the station.
(b) The licensee of a transmitting earth station licensed under this part shall ensure that a trained operator is present on the earth station site, or at a designated remote control point for the earth station, at all times that transmissions are being conducted. No operator's license is required for a person to operate or perform maintenance on facilities authorized under this part.
(c) Authority will be granted to operate a transmitting earth station by remote control only on the conditions that:
(1) The parameters of the transmissions of the remote station monitored at the control point, and the operational functions of the remote earth stations that can be controlled by the operator at the control point, are sufficient to insure that the operations of the remote station(s) are at times in full compliance with the remote station authorization(s);
(2) The earth station facilities are protected by appropriate security measures to prevent unauthorized entry or operations;
(3) Upon detection by the license, or upon notification from the Commission of a deviation or upon notification by another licensee of harmful interference, the operation of the remote station shall be immediately suspended by the operator at the control point until the deviation or interference is corrected, except that transmissions concerning the immediate safety of life or property may be conducted for the duration of the emergency; and
(4) The licensee shall have available at all times the technical personnel necessary to perform expeditiously the technical servicing and maintenance of the remote stations.
(5) International VSAT system operators are required to maintain a control point within the United States, or to maintain a point of contact within the United States available 24 hours a day, 7 days a week, with the ability to shut off any earth station within the VSAT network immediately upon notification of harmful interference.
(d) The licensee shall insure that the licensed facilities are properly secured against unauthorized access or use whenever an operator is not present at the transmitter.
(e) The licensee of an NGSO FSS system operating in the 10.7-14.5 GHz bands shall maintain an electronic web site bulletin board to list the satellite ephemeris data, for each satellite in the constellation, using the North American Aerospace Defense Command (NORAD) two-line orbital element format. The orbital elements shall be updated at least once every three days.
[58 FR 13421, Mar. 11, 1993, as amended at 66 FR 10631, Feb. 16, 2001; 70 FR 4787, Jan. 31, 2005; 70 FR 32257, June 2, 2005; 74 FR 47107, Sept. 15, 2009]
Title 47 published on 2012-10-01
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