Licensing Procedures Manual for Transportable Earth Station Applications

This is the Licence Procedures Manual for Transportable Earth Stations (TES) and complements the more general licensing policy and procedures described in the overarching Licensing Policy Manual of the Radiocommunications Agency (RA or the Agency).

These documents have been written to comply with the European Directive 97/13/EC, which sets a common framework for general authorisations and individual licences, in the field of telecommunications services. Directive 97/13/EC has been enacted into UK legislation by Statutory Instrument 1997 No. 2930, which amended licensing provisions in both the Telecommunications Act 1984 and the Wireless Telegraphy Act 1949. The specific aim of Directive 97/13/EC is to ensure that Member States use fair and transparent procedures for issuing licences which allow licensees to provide telecommunications services or networks.

This Manual provides information specifically relevant to the licensing of transportable earth stations. In so doing, the manual highlights RA’s cross-checks to the RA361 Application Form. It further illustrates in graphical form the key algorithms for processing new applications, renewals, amendments, cancellations and revocations. Also, this manual will be subject to revision as necessary to align with current technological developments for reasons related to the effective and appropriate use of the spectrum.

The criteria contained in the licensing manual along with the UK Radio Licence Interface Requirements apply to the licensing of Satellite Earth Stations operating in the UK in frequency bands designated for the Fixed Satellite Service and assigned for Earth-to-space transmission.

Further information on the following topics is available in the Radiocommunications Agency Licensing Policy Manual:

Information and Library Service
Radiocommunications Agency
Wyndham House
189 Marsh Wall
London
E14 9SX

Alternatively, the manual is available on the Radiocommunications Agency’s website.

The Fixed Terrestrial and Satellite Links Unit (FTSLU) is the lead Business Unit within the RA dealing with licensing, assignment and spectrum management issues pertaining to the administration of the following services in geographical areas administered by RA:

Relevant legislation and policy (European as well as UK) and the powers of RA

All licensed TES operation in the UK shall comply with all relevant EU directives including:

The European Licensing Directive came into effect in January 1998. The Licensing Directive has provision for any customer to appeal or make representations against any change made to their licence. This also applies to licences revoked due to non-payment, however, in this case representations will be limited to payment issues.

In all cases the customer can make representations, in writing, stating full details and all mitigating circumstances within 28 days of the RA notifying them of the intent to amend or revoke the licence.

The Radio and Telecommunications Terminal Equipment Directive (R&TTED) is European legislation which defines how regulatory compliance of radio telecommunications terminal equipment destined for the European Union will be dealt with. The Directive 99/5/EC removes the requirement for formal national type approval. The R&TTED, effective from the 8^th April 2000, also has a one year transition period for equipment type approved under the old regime to be marketed and placed into service. However, manufacturers/suppliers need to ensure that such products are declared under the Directive 99/5/EC before the expiry of this transition period. Any equipment not declared under the Directive 99/5/EC can no longer be marketed.

Further information on the scope of this directive, along with a copy of the R&TTED, is available from the RA website, see Section K.

Installation and use of radio equipment is authorised by a licence issued under the WT Act 1949. A licence is required to operate any scanning telemetry system or earth station or fixed terrestrial microwave or millimetric links.

The WT Act 1998 provides the RA with spectrum management legislation to manage the spectrum more effectively and promote its optimal utilisation. Licence fees are set out annually in regulations made under the WT Act 1998.

It is also important to check at an early stage whether a Telecommunication Act 1984 licence is also needed for your system.

For more detailed advice on Telecommunication Act licensing contact Communications and Information Industries Directorate (CII). CII contact details are given in Section K.

For satellite broadcasting, a Broadcasting Act licence may also be required. Advice should be sought from the Independent Television Commission and/or the Radio Authority. Contact details can be found in Section K.

Directive 98/34/EC is intended to help avoid the creation of trade barriers within the European Community. It requires Member States to notify the Technical Regulations pertinent to a particular licence type to the European Commission to allow Member States the opportunity to comment.

All new and revised Technical Regulations are notified to the EC under the Directive notification procedures. All Technical Regulations are subject to a 3-month mandatory ‘stand still period’, for consultation which starts when they are received by the EC. Following the ‘stand still period’ and provided no objections are received from Member States then the new or amended Technical Regulation can be published and implemented.

All transmissions to the satellite are authorised by the Satellite Operator and the Apparatus complies with their published technical Requirements and the UK Frequency Allocation Tables. The information sheet RA383 gives a high level description of how spectrum in the UK is used for fixed satellite systems.

The "essential requirements" of Article 3.2 of Directive 99/5/EC include the minimum system requirements that are deemed necessary for reasons related to the effective and appropriate use of the radio spectrum.

The apparatus comprised in the station(s) ("the Apparatus") is so designed, constructed, maintained and operated, that its use does not cause any harmful interference to any authorised spectrum user.

All equipment used by TES licensees shall be registered with the Agency and achieve the necessary minimum standards sufficient to protect adjacent satellites and other terrestrial services from interference.

Operators are required to conform to all conditions defined within the licence. Details can be found in Section L.

Earth station antennae shall not be employed for transmission at elevation angles of less than 3 degrees measured from the horizontal plane to the direction of maximum radiation.

The component of effective isotropic radiated power directed towards the horizon and the minimum elevation angle above the horizontal must comply with ITU Radio Regulations and not exceed those limits specified by Radio Regulations RR S21.8 – RR S21.15.

The relevant satellite must be fully operational at an orbital location known to the UK administration.

The operator must obtain the necessary local permissions from the appropriate authorities at each notified location site prior to commencing operation.

The Apparatus shall be attended at all times during TES operation, and an emergency contact identified for the designated site.

The antenna must be directed away from any vantage point to which the public may have access by at least 5 degrees.

The antenna must be directed away from any mast on which radio is installed by at least 10 degrees.

The Transportable Earth station must not be sited within 100m of any radio station operating on a frequency +/- 250MHz of the earth station or mobile frequency carrier. For angles within +/- 45 degrees of the earth station or mobile terminal’s main beam this distance is increased to 200m.

Operators must ensure that the current "Safety precautions relating to Intense Radio Frequency Radiation" are followed and specifically that members of the public are excluded from any area around the earth station where the field may exceed 10W/sq/m.

Operators must avoid siting the earth station or the mobile terminal close to helicopter landing zones.

If the earth station is parked near to a radio station advice from the Agency should be sought before operations commence. In any case the earth station must be stationed to the south such that radiation is directed away from the site.

Details of the legal provisions surrounding changes to a licensee’s circumstances are set out in the overarching RA Licensing Policy Manual.

Unless the use of a particular radio is covered by a specific exemption regulation, all radio transmissions within the UK are subject to National Site Clearance procedures, and are generally required to obtain site clearance whenever:

All radio stations that require site clearance must register the correct transmission and location details with the RA prior to commencing transmissions.

Due to the nature of transportable earth stations, special clearance procedures are applied. Prior to transmission, a Transportable Earth Station is subjected to a national clearance process and national coordination in respect of other radiocommunication services.

e-FLATCO is a site-clearance tool that allows satellite news gatherers (SNGs) to transmit from registered transportable earth stations (TESs). e-FLATCO minimises the risk of interference to terrestrial fixed links and sensitive sites from TES transmissions, and the temporary nature of TES transmissions facilitates a rapid clearance process. Immediate clearance cannot, however, be guaranteed for all applications, and for complex cases the Agency will continue to provide a manual clearance service.

e-FLATCO is not a space-segment co-ordination tool; and clearance from e-FLATCO is not related to any agreement that you may have with a satellite operator.

Licensed TES Operators shall seek clearance for any location in the UK using a single online clearance facility, e-FLATCO, developed by the Radiocommunications Agency and the CAA. Licensed TES operators are able to apply for Rapid TES clearance to transmit at a given location using their registered equipment via the RA e-FLATCO website. e-FLATCO checks the supplied operator information and provide a location check by indicating the nearest town.

e-FLATCO assesses the proposed transmission against details of current fixed links held on a database, and checks clearance against other sensitive sites. The majority (95%) of applications will achieve Rapid TES clearance. In a small number of cases, (~5%) applications for Rapid TES clearance will be refused. The TES operator will be informed of the failure. Depending on the reason for refusal, TES terminals that fail Rapid TES clearance may still be able to apply for a full detailed assessment via urgent clearance procedure. An emergency clearance procedure may be adopted only if it becomes impossible to use any or all of the procedures listed above.

e-FLATCO produces a response advising the TES operator and those concerned of any conditions attached to the authorisation. An appropriate notification is issued suitable for fax transmission to the relevant Air Traffic Control.

At the present time, all TES transmissions are restricted to operation in the frequency band 14-14.5 GHz.

TES licensees shall apply for individual clearance to operate any registered transportable earth station from any location in the UK.

The Agency will not disclose information to any third party without the express consent of the applicant, however it reserves the right to disclose information relating to geographical position of the station (e.g. latitude and longitude) to others that share the use of the frequency band.

The licence, see example shown in Section L, details the terms, provisions and limitations of the licence for operation. The licence will also detail further conditions of use.

On receipt of the licence application it is RA’s aim to meet the following quality of service target:

90% of Licence applications or amendments to be processed and despatched within 40 working days and the remainder within 60 working days or an explanation given of the delay.

Prior to TES transmission at a particular location, the TES operator must hold a licence and have obtained clearance for each and every transmission via e-FLATCO. The licensee must appoint an individual officer to be responsible for the correct operation, supervision and maintenance of that earth station, and supply details to the Agency. It is the licensee’s responsibility to transmit to a satellite only with the satellite operator’s consent.

Before making an application, the applicant should remember that no matter who applies on their behalf, the licence holder is still legally responsible for all actions carried out on their radio system. Any false information may lead to the granting of the licence being refused or revoked. The licence application form does carry legal status from an evidential point of view and applicants are therefore asked to sign the declaration.

The RA361 should be used for TES licence applications. The applicant can obtain a copy of the RA361 application form from the RA library (details in Section K) or can download the form from the RA web site, www.radio.gov.uk

It is essential that all questions are answered as fully as possible. Incomplete forms will be returned to the applicant. You should consider each question as mandatory unless otherwise stated.

If you are a new customer, it is particularly important that you include all contact details on your application form, so that FTSLU can set up a new customer account.

When applying for a licence amendment, form RA361 must be used. The existing licence number must be provided. Failure to provide this number will result in the application being returned.

Please ensure that you fill the licence application legibly, completely and accurately. Any missing information may require the form to be returned with the Quality of Service targets negated.

Fees for Temporary Earth Station Site Licences are calculated according to the spectrum and bandwidth being accessed, and the aggregate power supplied to the antenna. Details are provided in the current Fees Order available from the RA website.

Fixed Satellite Links Unit
Radiocommunications Agency
Wyndham House
189 Marsh Wall
London E14 9SX

An online version of the FLATCO tool can be accessed via the website at www.tes-clearance.radio.gov.uk.

Before using e-FLATCO to apply for clearance to transmit, you must first have registered your equipment and obtained a licence by completing form RA361 and returning it to RA.

RA administers all licensing processes, i.e. new licence applications, renewals, amendments, cancellations and revocations.

The following table works through each section of the RA361 application form, explaining the checks RA make on the information given.

Section A: Applicant Details
Question	RA Action
For Amendments please quote your licence number	Required for changes to existing licences
Please give the full name of the company or Authority to which the licence is to be issued	RA checks to ensure applicant has appropriate legal status
Applicant's address	RA checks registered address is valid
Address for correspondence	RA checks provision of correspondence address
On which date will TES operations start?	RA checks start date is a valid date and prior to operation end date (if stated)
Section B: Station Details
Make	RA ensures equipment details are given in order that compliance with equipment standards can be assessed.
Model
Serial number
Input of the antenna	RA checks that details of the input of the antenna have been given for each type of emission
Characteristics of the transmitting antenna
Type of antenna	RA checks antenna type is appropriate for use
Size of antenna	RA checks that the antenna size is given and is valid
Maximum isotropic gain	RA checks gain information is realistic with other antenna details
Radiation pattern(give reference pattern or provide attachment)	RA checks whether a reference pattern has been indicated or attachment provided. This will be used for co-ordination with other services
Section C: Modulation Characteristics
RA checks that the relevant detail for the type of modulation being proposed have been provided. This should include the characteristics of energy dispersal and such particulars as may be useful for an interference study.
If the Agency needs to obtain any further information about this application who may they contact?	RA ensures contact details have been provided
Would you like to have your organisation added to the list of Operators Licensed to operate satellite services in the UK?	RA checks response
Declaration - to be signed by all Applicants
Signature	RA ensures application has been signed

SECTION E

LICENCE APPLICATION PROCESS

Step/Check		Description	Responsibility	Activities covered by Quality of Service targets (see Clause C.4)
1		Applicant submits TES application form (RA 361) to RA	Customer
2		RA checks applicant’s legal status in accordance with the advice given in Section B.	RA
	Pass	If the legal status passes validation then RA will continue processing the application. The transaction proceeds to step 3.	RA
	Fail	If the legal status fails validation then RA will return the Application form and payment to the Applicant.	RA
3		The application form is checked to verify that all the necessary details are complete, accurate and legible in accordance with Section D.	RA
4		If any details are missing, RA will attempt to contact the applicant by telephone or e-mail, giving the customer five working days to respond with the necessary information. Under such a condition the licence application will be ‘*Parked’* (i.e. suspending the Quality of Service target until the customer replies or the five working day resolution period expires).	RA
	Pass	RA will only continue to process the application when the applicant responds with the necessary information. Proceed to step 5.	RA
	Fail	If the applicant fails to respond by the elapse of the five working day deadline then RA will return the application form and payment to the Applicant.	RA
5		RA establishes whether an application relates to an existing customer.	RA
	No	For a ‘new customer’ the RA will create and register a customer file. The transaction then proceeds to step 6.	RA
	Yes	For an ‘existing’ customer the transaction now proceeds to step 6.	RA
6		RA performs national coordination (and where appropriate initiates international co-ordination) informing the applicant of the outcome. RA also obtains site clearance.	RA
7		RA issues the invoice and awaits payment.
	Payment clears	The transaction now proceeds to step 8.	RA
	Payment fails to clear	If the cheque is incorrect in anyway, or fails to go through RA Finance, then RA contact the customer to resolve (within five working days) any problems, otherwise the application will be terminated. Under such a condition the licence renewal will be ‘*Parked’* (i.e. suspending the transaction until the customer replies) until any problem(s) are resolved, or the five working day resolution period expires. After this time RA will return the application form and payment to the Applicant.	RA
8		RA produces the licence and sends it to the applicant.	RA
9		Copies of the licence and licence schedule are attached to the registered customer file. The fee details are entered onto the renewal database, and marked ‘paid’, under the customer’s name.	RA
10		RA’s licence database includes the licensee’s details, licence renewal date and licence fee. In the fee payment entry, "paid" must be entered so that the licence rolls around for renewal next year.	RA

Step/Check		Description	Responsibility	Activities covered by Quality of Service targets (see Section C.)
1		RA initiates the licence renewal process at least six weeks in advance of the licence renewal date.	RA
2		RA checks customer’s legal status in accordance with advice given in Section B.	RA
	Pass	If the legal status passes validation then RA will continue processing the application. The transaction proceeds to step 3.	RA
	Fail	If the legal status fails validation then RA will return the application to the customer.	RA
3		RA issues the customer six weeks in advance a licence renewal notice (see Section N) and associated licence fee request. A copy of the fee request is sent to RA Finance so the debt can be added to the customer account. The transaction proceeds to step 4.	RA
4		RA then await customer’s payment / response within four weeks.	Customer
	Payment/ response received	When RA receive the customer’s payment the transaction proceeds to step 6.	RA
	Response only	If RA receive a response then the transaction proceeds to step 5.	RA
	No payment/ response	If RA fails to receive both response and payment from the customer two weeks before the renewal date then RA will automatically issue a licence renewal notice reminder (see Section O) and associated licence fee request. Failing to respond or provide satisfactory answers will mean RA initiates the licence revocation process.	RA
5		RA receives response from the customer.	Customer
	Pass	If the response is satisfactory and timely then RA proceed the transaction to step 6. Also the renewal date for the forthcoming year is automatically set at this stage.	RA
	Fail	If the response is not acceptable to RA then the transaction will proceed to the licence revocation process if the matter is not resolved within five days. While dealing with any unresolved enquiries during this standstill time RA will ‘*Park*’ the renewal.	RA
6		RA processes the payment. RA confirm that the cheque is made payable to ‘Radiocommunications Agency’ before forwarding to RA Finance, and subsequently to the bank.	RA
	Payment clears	RA finalises the licence and licence schedule(s). The transaction now proceeds to step 7.	RA
	Payment fails to clear	If the cheque is incorrect in anyway, or fails to go through RA Finance, then RA contact the customer to resolve (within five working days) any problems, otherwise the application will be terminated. Under such a condition the licence renewal will be ‘*Parked’* (i.e. suspending the transaction until the customer replies) until any problem(s) are resolved, or the five working day resolution period expires. Should the customer not make a valid payment before the renewal date then the transaction proceeds to step 9.	RA
7		RA updates the customer’s file.	RA
8		Finally, a covering letter together with the licence, and appropriate licence schedule(s) are issued to the customer.	RA
9		Begin the licence revocation process one-day after the licence renewal date (see Section I).	RA
10		In parallel, the customer records are updated and a copy of the licence and link schedule is placed on the registered customer files. FTSLU now prepare the licence (see Section L) and the licence schedule (see Section M). Also on the licence database, details of the customer, the renewal date of the application (the date the licence was sent) and the amount added. "Paid" must be entered so that it rolls around for renewal next year. The registered customer file is placed in a folder and placed in the fixed terrestrial (point-to-point) link store. If for any reason the transaction was unsuccessful or terminated then this will also be recorded in the customer records.	RA

SECTION G

LICENCE AMENDMENT PROCESS

Click on table to download PDF

Figure F.1: TES LICENCE APPLICATION PROCESS

Step/Check		Description	Responsibility	Activities covered by Quality of Service targets (see Section C)
1		The customer should submit any amendments, to RA, using either the RA361 application form or as a written request. Note that any written customer correspondence will be put on the Customer file.	Customer
2		RA checks applicant’s legal status in accordance with advice given in Section B.	RA
	Pass	If the legal status passes validation then RA will continue processing the application. The transaction proceeds to step 11.	RA
	Fail	If the legal status fails validation then RA will return the application to the customer.	RA
3		RA acknowledges the amendment request and verifies that the customer is an established customer.	RA
4		RA will distinguish whether the request is technical or administrative.	RA
	Admin-istrative	If administrative (i.e. change of contact details etc.) the appropriate records are updated and the customer is informed when this has been completed.	RA
	Technical	If technical or technical and administrative in nature then the transaction proceeds to step 5.	RA
5		The request is checked to verify that all the necessary details are complete, accurate and legible.	RA
6		If any details are missing, RA will attempt to contact the customer by telephone or e-mail, giving the customer five working days to respond with the necessary information. The transaction is now ‘*Parked’* until the matter is resolved or the five working days elapse.	RA
	Pass	RA only processes the request if the customer responds in time with the necessary information. The transaction proceeds to step 7.	Customer
	Fail	If the customer fails to respond in time then RA return the request to the customer and take no further action.	Customer
7		RA creates the revised licence schedule and sends it to the customer.	RA
8		RA’s licence database includes the licensee’s details, licence renewal date and licence fee. In the fee payment entry, "paid" must be entered so that the licence rolls around for renewal next year. The registered customer file is placed in the Fixed terrestrial (point-to-point) link store.	RA

Click on table to download PDF

Figure G.1: TES LICENCE AMENDMENT PROCESS

SECTION H

LICENCE CANCELLATION PROCESS

Step/Check		Description	Responsibility	Activities covered by Quality of Service targets (see Section C)
1		The customer should submit a cancellation request in writing to RA.	Customer
2		RA checks the applicant’s legal status in accordance with advice given in the overarching Licensing Policy Manual.	RA
	Pass	If the legal status passes validation then the transaction proceeds to step 3.	RA
	Fail	If the legal status fails validation then RA will return the cancellation request to the sender.	RA
3		RA shall verify that the applicant is an existing customer.	RA
	Pass	RA will continue to process the application if this check proves favourable. The transaction proceeds to step 4.	RA
	Fail	If the applicant is not an existing customer, the cancellation request will be returned.	RA
4		RA checks the cancellation request to verify that all the necessary details are meaningful, complete, accurate and legible.	RA
	Pass	If the cancellations details are complete and understandable the transaction proceeds to step 5.	RA
	Fail	If any details are missing, RA will attempt to contact the applicant by telephone or e-mail, giving the customer time to respond with the details. In so doing RA will ‘*Park’* the request until contact has been made with the customer or 5 working days if no contact can be made. The cancellation request may remain ‘*Parked’* until any outstanding issues are resolved. If the customer fails to respond then RA, at its discretion, may decide to terminate the request and return the cancellation request to the sender and take no further action.	RA
5		RA identifies which stations the customer requires cancelling (i.e. confirming whether the customer wishes to: cancel all links; cancel one or several links).	RA
	All stations	RA will now cancel all the customer links and close the customer file. RA issue a cancellation letter to customer confirming their action. A copy of which is placed in the registered customer file that is then closed.	RA
	One or several stations	RA will now finalise the transaction by cancelling the requested link(s), update the registered customer files in parallel with preparing the link schedule. A copy of this letter and the revised link schedule will also be put on the registered customer file. The Renewal database will also be updated.	RA

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Figure H.1: TES LICENCE CANCELLATION PROCESS

Step/Check		Description	Responsibility	Activities covered by Quality of Service targets (see Section C.)
1		The diagram associated with this process description assumes that the licence revocation is a result of non-payment of the licence fee and the section above the dotted line has been included for clarity. A licence can also be revoked for other reasons e.g. the conditions of that licence are not complied with. In such cases the Licensee will be sent a proposed notice of revocation and allowed a period of 28 days in which to lodge an appeal. If the appeal is unsuccessful then a notice of revocation will be sent at the end of the 28 days period.	Overview
2		Prior to the licence revocation process the customer can choose between the following possibilities:	Customer
	Send payment	Customer acknowledges intent to renew licence and sends payment to RA. The process now proceeds to step 4.	Customer
	Send response	Customer acknowledges their intent to renew licence subject to making some alterations to the licence schedule. Revocation is temporarily suspended for five days only. The customer is required to settle payment within this time period, in which case the revocation process proceeds to step 4, otherwise the transaction proceeds to step 3.	Customer
	No response/ payment	Failing any acknowledgement and/or payment the revocation process proceeds to step 3.	Customer
3		A proposed notice of revocation (see Section O) is sent to the customer one day after the licence renewal date.	RA
	Sends payment	Customer acknowledges their intent to renew licence and sends payment to RA. The process now proceeds to step 4.	Customer
	Sends response	Customer acknowledges their intent to renew licence subject to making some alterations to the licence schedule. The revocation process is now deferred to allow for the changes to be made following the amendment process. Revocation will be reinstated should this process fail. Otherwise the customer is required to settle payment within the ‘*Park*’ 5 working day period, in which case the revocation process proceeds to step 4, else the transaction proceeds to step 5.	Customer
	No response/ payment	Failing any acknowledgement(s) and/or payment the revocation process proceeds to step 5.	Customer
4		Is the payment processed successfully?	RA
	Successful	The customer’s files are updated. The licence and link schedule is sent to the customer.	RA
	Un-successful	If the payment fails to clear then RA will inform the customer. RA will ‘*Park’* the request for a maximum of 5 working days. If the customer fails to make a valid payment in that time then the transaction will proceed to step 5.	RA
5		Revocation of licence notice (see Section P) is issued 28 days after the renewal date.	RA
6		The Radio Investigation Service (RIS) is informed of the revocation.	RA

Section A	THE PURPOSE OF THIS MANUAL
	ADDITIONAL TOPICS
Section B	THE ROLE OF FTSLU
Section C	DESCRIPTION OF LICENCE PRODUCT
Section D	LICENCE APPLICATIONS
Section E	LICENCE APPLICATIONS PROCESS
Section F	LICENCE RENEWAL PROCESS
Section G	LICENCE AMENDMENT PROCESS
Section H	LICENCE CANCELLATION PROCESS
Section I	LICENCE REVOCATION PROCESS
Section J	DISCLAIMER
Section K	CONTACT DETAILS
Section L	THE TRANSPORTABLE EARTH STATION LICENCE
Section M	LINK SCHEDULE
Section N	SAMPLE OF RENEWAL NOTICE
Section O	PROPOSED NOTICE OF REVOCATION
Section P	SAMPLE OF NOTICE OF REVOCATION
Section Q	DEFINITIONS
Section R	GLOSSARY