Goto Section: 25.158 | 25.160 | Table of Contents
FCC 25.159
Revised as of October 1, 2007
Goto Year:2006 |
2008
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
Goto Section: 25.158 | 25.160
Goto Year: 2006 |
2008
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