[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: 47CFR25.158]

[Page 309-310]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 25--SATELLITE COMMUNICATIONS--Table of Contents
 
                  Subpart B--Applications and Licenses
 
Sec. 25.158  Consideration of GSO-like satellite applications.

    (a) This section specifies the Commission's procedures for 
considering license applications for ``GSO-like satellite systems.'' For 
purposes of this section, the term ``GSO-like satellite

[[Page 310]]

system'' is defined as a GSO satellite designed to communicate with 
earth stations with directional antennas. Examples of GSO-like satellite 
systems are those which use earth stations with antennas with 
directivity towards the satellites, such as FSS, and MSS feeder links 
which use GSO satellites. GSO-like satellite systems are satellite 
systems that are not NGSO-like satellite systems within the meaning of 
Sec. 25.157(a).
    (b) Applications for GSO-like satellite system licenses will be 
placed in a queue and considered in the order that they are filed, 
pursuant to the following procedure:
    (1) The application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec. 25.112. If not, the 
application will be returned to the applicant.
    (2) If the application is acceptable for filing, the application 
will be placed on public notice pursuant to Sec. 25.151, and interested 
parties will be given an opportunity to file pleadings pursuant to 
Sec. 25.154.
    (3) The application will be granted only if it meets each of the 
following criteria:
    (i) After review of the application and any pleadings filed in 
response to that application, the Commission finds that the application 
meets the standards of Sec. 25.156(a); and
    (ii) The proposed satellite will not cause harmful interference to 
any previously licensed operations.
    (c) An applicant for a GSO-like satellite system license is not 
allowed to transfer, assign, or otherwise permit any other entity to 
assume its place in any queue.
    (d) In the event that two or more GSO-like satellite system license 
applications are mutually exclusive within the meaning of 
Sec. 25.155(c), the Commission will consider those applications pursuant 
to the following procedure:
    (1) Each application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec. 25.112. Any application 
not found acceptable for filing will be returned to the applicant.
    (2) All applications that are acceptable for filing will be placed 
on public notice pursuant to Sec. 25.151, and interested parties will be 
given an opportunity to file pleadings pursuant to Sec. 25.154.
    (3) Each application will be granted if it meets the criteria of 
paragraph (b)(3) of this section, and otherwise will be denied.
    (4) In the event that two or more applications are granted pursuant 
to paragraph (d)(3) of this section, the available bandwidth at the 
orbital location or locations in question will be divided equally among 
those licensees.
    (5) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section will be allowed to select the particular band 
segment it wishes to use no earlier than 60 days before they plan to 
launch the first satellite in its system, and no later than 30 days 
before that date, by submitting a letter to the Secretary of the 
Commission. The licensee shall serve copies of this letter to the other 
participants in the processing round pursuant to Sec. 1.47 of this 
chapter.
    (6) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section shall request contiguous bandwidth in both the 
uplink and downlink band. Each licensee's bandwidth selection shall not 
preclude other licensees from selecting contiguous bandwidth.
    (7) If two or more licensees whose licenses are granted pursuant to 
paragraph (d)(4) of this section request the same band segment, all 
licensees other than the first one to request that particular band 
segment will be required to make another selection.
    (e) Services offered pursuant to a GSO-like license in a frequency 
band granted before the Commission has adopted frequency-band-specific 
service rules for that band will be subject to the default service rules 
in Sec. 25.217.

[68 FR 51506, Aug. 27, 2003]