[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR25.116]



[Page 276-277]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 25_SATELLITE COMMUNICATIONS--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 25.116  Amendments to applications.



    (a) Unless otherwise specified, any pending application may be 

amended until designated for hearing, a public notice is issued stating 

that a substantive disposition of the application is to be considered at 

a forthcoming Commission meeting, or a final order disposing of the 

matter is adopted by the Commission.

    (b) Major amendments submitted pursuant to paragraph (a) of this 

section are subject to the public notice requirements of Sec. 25.151. 

An amendment will be deemed to be a major amendment under the following 

circumstances:

    (1) If the amendment increases the potential for interference, or 

changes the proposed frequencies or orbital locations to be used.

    (2) If the amendment would convert the proposal into an action that 

may have a significant environmental effect under Sec. 1.1307 of this 

chapter.

    (3) [Reserved]

    (4) If the amendment, or the cumulative effect of the amendment, is 

determined by the Commission otherwise to be substantial pursuant to 

section 309 of the Communications Act.

    (5) Amendments to ``defective'' space station applications, within 

the meaning of Sec. 25.112 will not be considered.

    (c) Any application for an NGSO-like satellite license within the 

meaning of Sec. 25.157 will be considered to be a newly filed 

application if it is amended by a major amendment (as defined by 

paragraph (b) of this section) after a ``cut-off'' date applicable to 

the application, except under the following circumstances:

    (1) The amendment resolves frequency conflicts with authorized 

stations or other pending applications but does not create new or 

increased frequency conflicts;

    (2) The amendment reflects only a change in ownership or control 

found by the Commission to be in the public interest and, for which a 

requested exemption from a ``cut-off'' date is granted;

    (3) The amendment corrects typographical, transcription, or similar 

clerical errors which are clearly demonstrated to be mistakes by 

reference to other parts of the application, and whose discovery does 

not create new or increased frequency conflicts; or

    (4) The amendment does not create new or increased frequency 

conflicts, and is demonstrably necessitated by events which the 

applicant could not have reasonably foreseen at the time of filing.

    (d) Any application for a GSO-like satellite license within the 

meaning of Sec. 25.158 will be considered to be a newly filed 

application if it is amended by a major amendment (as defined by 

paragraph (b) of this section), and will cause the application to lose 

its status relative to later-filed applications in the ``queue'' as 

described in Sec. 25.158.

    (e) Any amendment to an application shall be filed electronically 

through the International Bureau Filing System (IBFS) in accordance with 

the applicable provisions of part 1, subpart Y of this chapter. 

Amendments to space station applications must be filed on Form 312 and 

Schedule S. Amendments



[[Page 277]]



to space station applications must be filed on Form 312 and Schedule B.



[56 FR 24016, May 28, 1991, as amended at 68 FR 51503, Aug. 27, 2003; 69 

FR 47794, Aug. 6, 2004]