[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: 47CFR25.159]



[Page 314]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 25_SATELLITE COMMUNICATIONS--Table of Contents

 

                   Subpart B_Applications and Licenses

 

Sec. 25.159  Limits on pending applications and unbuilt satellite systems.



    (a) Applicants with a total of five applications for GSO-like space 

station licenses on file with the Commission in a particular frequency 

band, or a total of five licensed-but-unbuilt GSO-like space stations in 

a particular frequency band, or a combination of pending GSO-like 

applications and licensed-but-unbuilt GSO-like space stations in a 

particular frequency band that equals five, will not be permitted to 

apply for another GSO-like space station license in that frequency band.

    (b) Applicants with an application for one NGSO-like satellite 

system license on file with the Commission in a particular frequency 

band, or one licensed-but-unbuilt NGSO-like satellite system in a 

particular frequency band, will not be permitted to apply for another 

NGSO-like satellite system license in that frequency band.

    (c) If an applicant has an attributable interest in one or more 

other entities seeking one or more space station licenses, the pending 

applications and licensed-but-unbuilt satellite systems filed by those 

other entities will be counted as filed by the applicant for purposes of 

the limits on the number of pending space station applications and 

licensed-but-unbuilt satellite systems in this paragraph. For purposes 

of this paragraph, an applicant has an ``attributable interest'' in 

another entity if:

    (1) It holds equity (including all stockholdings, whether voting or 

nonvoting, common or preferred) and debt interest or interests, in the 

aggregate, exceed thirty-three (33) percent of the total asset value 

(defined as the aggregate of all equity plus all debt) of that entity, 

or

    (2) It holds a controlling interest in that entity, or is the 

subsidiary of a party holding a controlling interest in that entity, 

within the meaning of 47 CFR 1.2110(b)(2).

    (3) For purposes of paragraphs (c)(1) and (c)(2) of this section, 

ownership interests shall be calculated on a fully diluted basis, i.e., 

all agreements, such as warrants, stock options, and convertible 

debentures, will generally be treated as if the rights thereunder 

already have been fully exercised.

    (d) In the event that a licensee misses three or more milestones 

within any three-year period, the Commission will presume that the 

licensee obtained one or more of those licenses for speculative 

purposes. Unless the licensee rebuts this presumption, it will not be 

permitted to apply for a GSO-like satellite or an NGSO-like satellite 

system in any frequency band if it has two or more satellite 

applications pending, or two licensed-but-unbuilt satellite systems of 

any kind. This limit will remain in effect until the licensee provides 

adequate information to demonstrate that it is very likely to construct 

its licensed facilities if it were allowed to file more applications.

    (e) For purposes of this section, ``frequency band'' means one of 

the paired frequency bands available for satellite service listed in 

Sec. 25.202.



[68 FR 51506, Aug. 27, 2003]



   Forfeiture, Termination, and Reinstatement of Station Authorization