[Code of Federal Regulations] [Title 47, Volume 2] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR25.117] [Page 275-276] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 25--SATELLITE COMMUNICATIONS--Table of Contents Subpart B--Applications and Licenses Sec. 25.117 Modification of station license. (a) Except as provided for in Sec. 25.118 (Modifications not requiring prior authorization), no modification of a radio station governed by this part which affects the parameters or terms and conditions of the station authorization shall be made except upon application to and grant of such application by the Commission. No license modification will be required if the licensee seeks to access another U.S.-licensed fixed satellite provided: (1) Consultations pursuant to Article XIV(d) of the INTELSAT Agreement have been completed for the satellites, services and countries involved; and (2) The operators of the U.S.-licensed systems have received specific authorization to provide the services to the proposed locations. (b) Applications for modification of an earth station license to add, change or replace transmitters or antenna facilities conforming to Sec. 25.209 will be considered to be minor modifications if the particulars of operations remain unchanged and frequency coordination is not required, provided however, that the maximum power and power density delivered into any antenna at the earth station site shall not exceed the values calculated by subtracting the maximum antenna gain specified in the license from the maximum authorized e.i.r.p. and e.i.r.p. density values. (c) Applications for modification of earth station authorizations shall be submitted on FCC Form 493 except as set forth in paragraph (e) of this section. (d)(1) Applications for modifications of space station authorizations shall be filed in accordance with Sec. 25.114, but only those items of information listed in Sec. 25.114(c) that change need to be submitted provided the applicant certifies that the remaining information has not changed. (2) Applications for modifications of space station authorizations will be granted except under the following circumstances: [[Page 276]] (i) Granting the modification would make the applicant unqualified to operate a space station under the Commission's rules. (ii) Granting the modification request would not serve the public interest, convenience, and necessity. (iii) Except as set forth in paragraph (d)(2)(iv) of this section, applications for modifications of GSO-like space station authorizations granted pursuant to the procedure set forth in Sec. 25.158, which seek to relocate a GSO satellite or add a frequency band to the authorization, will be placed in a queue pursuant to Sec. 25.158 and considered only after previously filed space station license applications or space station modification applications have been considered. (iv) Applications for modifications of space station authorizations to increase the authorized bandwidth will not be considered in cases in which the original space station authorization was granted pursuant to the procedures set forth in Sec. 25.157(e) or Sec. 25.158(c)(4). (e) Any application for modification of authorization to extend a required date of completion (e.g., begin construction, complete construction, launch, bring into operation) shall be filed on FCC Form 701 (Application for Additional Time to Construct). The application must include a verified statement from the applicant: (1) That states the additional time is required due to unforeseeable circumstances beyond the applicant's control, describes these circumstances with specificity, and justifies the precise extension period requested; or (2) That states there are unique and overriding public interest concerns that justify an extension, identifies these interests and justifies a precise extension period. (f) An application for modification of a space station license to add an ancillary terrestrial component to an eligible satellite network will be treated as a request for a minor modification if the particulars of operations provided by the applicant comply with the criteria specified in Sec. 25.149. Notwithstanding the treatment of such an application as a minor modification, the Commission shall place any initial application for the modification of a space station license to add an ancillary terrestrial component on notice for public comment. Except as provided for in Sec. 25.149(f), no application for authority to add an ancillary terrestrial component to an eligible satellite network shall be granted until the applicant has demonstrated actual compliance with the criteria specified in Sec. 25.149(b). [56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 FR 5928, Feb. 10, 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, Aug. 12, 2003; 68 FR 51503, Aug. 27, 2003]