[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: 47CFR25.157] [Page 311-313] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 25_SATELLITE COMMUNICATIONS--Table of Contents Subpart B_Applications and Licenses Sec. 25.157 Consideration of NGSO-like satellite applications. (a) This section specifies the Commission's procedures for considering license applications for ``NGSO-like satellite systems.'' For purposes of this section, the term ``NGSO-like satellite system'' is defined as: (1) All NGSO satellite systems, and (2) All GSO MSS satellite systems, in which the satellites are designed to communicate with earth stations with omni-directional antennas. [[Page 312]] (b) Each NGSO-like satellite system application will be reviewed to determine whether it is acceptable for filing within the meaning of Sec. 25.112. Any application that is not acceptable for filing would be returned to the applicant. (c) Each NGSO-like satellite system application that is acceptable for filing will be reviewed to determine whether it is a ``competing application,'' i.e., filed in response to a public notice initiating a processing round, or a ``lead application,'' i.e., all other NGSO-like satellite system applications. (1) Competing applications that are acceptable for filing will be placed on public notice to provide interested parties an opportunity to file pleadings in response to the application pursuant to Sec. 25.154. (2) Lead applications that are acceptable for filing will be placed on public notice. This public notice will initiate a processing round, establish a cut-off date for competing NGSO-like satellite system applications, and provide interested parties an opportunity to file pleadings in response to the application pursuant to Sec. 25.154. (d) After review of each of the applications in the processing round, and all the pleadings filed in response to each application, the Commission will grant all the applications that meet the standards of Sec. 25.156(a), and deny the other applications. (e)(1) In the event that there is insufficient spectrum in the frequency band available to accommodate all the qualified applicants in a processing round, the available spectrum will be divided equally among the licensees whose applications are granted pursuant to paragraph (d) of this section, except as set forth in paragraph (e)(2) or (e)(3) of this section. (2) In cases where there are only one or two applications in a processing round granted pursuant to paragraph (d) of this section, each applicant will be assigned 1/3 of the available spectrum, and the remaining spectrum will be made available to other licensees in an additional processing round pursuant to paragraph (c) of this section. (3) In cases where there are three or more applications in a processing round granted pursuant to paragraph (d) of this section, and one or more applicants apply for less spectrum than they would be warranted under paragraph (e)(1) of this section, those applicants will be assigned the bandwidth amount they requested in their applications. In those cases, the remaining qualified applicants will be assigned the lesser of the amount of spectrum they requested in their applications and the amount spectrum that they would be assigned if the available spectrum were divided equally among the remaining qualified applicants. (f)(1) Each licensee 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. (2) The licensee shall request contiguous bandwidth in both the uplink and downlink band. Each licensee's bandwidth selection in both the uplink and downlink band shall not preclude other licensees from selecting contiguous bandwidth. (3) If two or more licensees in a processing round 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. (g)(1) In the event that an applicants' license is cancelled for any reason, the Commission will redistribute the bandwidth allocated to that applicant equally among the remaining applicants whose licenses were granted concurrently with the cancelled license, unless the Commission determines that such a redistribution would not result in a sufficient number of licensees remaining to make reasonably efficient use of the frequency band. (2) In the event that the redistribution of bandwidth set forth in paragraph (g)(1) of this section would not result in a sufficient number of licensees remaining to make reasonably efficient use of the frequency band, the Commission will issue a public notice initiating a processing round, as set forth in paragraph (c) of this section, to invite parties to apply for an NGSO- [[Page 313]] like satellite system license to operate in a portion of the bandwidth made available as a result of the cancellation of the initial applicant's license. Parties already holding licenses to operate an NGSO-like satellite system in that frequency band will not be permitted to participate in that processing round. (3) There is a presumption that three satellite licensees in a frequency band are sufficient to make reasonably efficient use of the frequency band. (h) Services offered pursuant to an NGSO-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 51505, Aug. 27, 2003]