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.

   (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-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]