[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: 47CFR25.156]



[Page 311]

 

                       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 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]