[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: 47CFR25.158]



[Page 313-314]

 

                       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 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



[[Page 314]]



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]