[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: 47CFR25.156]

[Page 307-308]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 25--SATELLITE COMMUNICATIONS--Table of Contents
 
                  Subpart B--Applications and Licenses
 
Sec. 25.156  Consideration of applications.

    (a) Applications for a radio station authorization, or for 
modification or renewal of an authorization, will be granted if, upon 
examination of the application, any pleadings or objections filed, and 
upon consideration of such other matters as it may officially notice, 
the Commission finds that the applicant is legally, technically, and 
otherwise qualified, that the proposed facilities and operations comply 
with all applicable rules, regulations, and policies, and that grant of 
the application will serve the public interest, convenience and 
necessity.
    (b) Whenever the Commission grants any application in part, or 
subject to

[[Page 308]]

any terms or conditions other than those routinely applied to 
applications of the same type, the grant shall be considered final 
unless the Commission should revise its action (either by granting the 
application as originally requested, or by designating the application 
for hearing) in response to a petition for reconsideration which:
    (1) Is filed by the applicant within thirty (30) days from the 
release date of the conditioned grant; and
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested.
    (c) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.
    (d)(1) Applications for NGSO-like satellite systems will be 
considered pursuant to the procedures set forth in Sec. 25.157.
    (2) Applications for GSO-like satellite systems will be considered 
pursuant to the procedures set forth in Sec. 25.158.
    (3) Applications for NGSO-like satellite and GSO-like systems 
employing two or more service bands will be treated like separate 
applications for each service band, and each service band request will 
be considered pursuant to Sec. 25.157 or Sec. 25.158, as appropriate.
    (4) Applications for feeder link authority or intersatellite link 
authority will be treated like an application separate from its 
associated service band. Each feeder link request or intersatellite link 
request will be considered pursuant to the procedure for GSO-like 
service or NGSO-like service, as applicable.
    (5) In cases where the Commission has not adopted frequency-band 
specific service rules, the Commission will not consider NGSO-like 
applications after it has granted a GSO-like application, and it will 
not consider GSO-like applications after it has granted an NGSO-like 
application, unless and until the Commission establishes NGSO/GSO 
sharing criteria for that frequency band. In the event that the 
Commission receives NGSO-like applications and GSO-like applications at 
the same time, and the Commission has not adopted sharing criteria in 
that band, the Commission will divide the spectrum between GSO-like and 
NGSO-like licensees based on the proportion of qualified GSO-like and 
NGSO-like applicants.
    (6) An application for DBS or DARS services will be entitled to 
comparative consideration with one or more conflicting applications only 
if:
    (i) The application is mutually exclusive with another application; 
and
    (ii) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51505, Aug. 27, 2003]