[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: 47CFR25.117]



[Page 277-278]

 

                       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.

    (b) [Reserved]

    (c) Applications for modification of earth station authorizations 

shall be submitted on FCC Form 312, Main Form and Schedule B. 

Applications for modification of space station authorizations shall be 

submitted on FCC Form 312, Main Form and Schedule S. Both earth station 

and space station modification applications must be filed electronically 

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

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

addition, any application for modification of authorization to extend a 

required date of completion, as set forth in Sec. 25.133 for earth 

station authorization or Sec. 25.164 for space stations, or included as 

a condition of any earth station or space station authorization, 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.

    (d)(1) Except as set forth in Sec. 25.118(e), 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 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:

    (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).

    (3) In the event that a space station licensee provides notification 

of a planned license modification pursuant to Sec. 25.118(e), and the 

Commission finds that the proposed modification does not meet the 

requirements of Sec. 25.118(e), the Commission will issue a public 

notice announcing that the proposed license modification will be 

considered pursuant to the procedure specified in paragraphs (d)(1) and 

(d)(2) of this section.

    (e) [Reserved]

    (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



[[Page 278]]



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; 68 FR 62248, Nov. 3, 2003; 68 FR 

63998, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004]