Sec.  25.117   Modification of station license.

   (a) Except as provided for in  Sec. 25.118 (Modifications not requiring prior
   authorization), no modification of a radio station governed by this part
   which  affects  the  parameters or terms and conditions of the station
   authorization shall be made except upon application to and grant of such
   application by the Commission.

   (b) [Reserved]

   (c) Applications for modification of earth station authorizations shall be
   submitted  on FCC Form 312, Main Form and Schedule B. Applications for
   modification of space station authorizations shall be submitted on FCC Form
   312,  Main  Form  and Schedule S. Both earth station and space station
   modification  applications  must  be  filed electronically through the
   International Bureau Filing System (IBFS) in accordance with the applicable
   provisions  of  part  1,  subpart  Y of this chapter. In addition, any
   application for modification of authorization to extend a required date of
   completion, as set forth in  Sec. 25.133 for earth station authorization or
    Sec. 25.164 for space stations, or included as a condition of any earth station
   or space station authorization, must include a verified statement from the
   applicant:

   (1)  That  states the additional time is required due to unforeseeable
   circumstances beyond the applicant's control, describes these circumstances
   with specificity, and justifies the precise extension period requested; or

   (2) That states there are unique and overriding public interest concerns
   that  justify an extension, identifies these interests and justifies a
   precise extension period.

   (d)(1) Except as set forth in  Sec. 25.118(e), applications for modifications of
   space station authorizations shall be filed in accordance with  Sec. 25.114, but
   only those items of information listed in  Sec. 25.114 that change need to be
   submitted, provided the applicant certifies that the remaining information
   has not changed.

   (2) Applications for modifications of space station authorizations will be
   granted except under the following circumstances:

   (i)  Granting the modification would make the applicant unqualified to
   operate a space station under the Commission's rules.

   (ii) Granting the modification request would not serve the public interest,
   convenience, and necessity.

   (iii)  Except  as  set  forth in paragraph (d)(2)(iv) of this section,
   applications for modifications of GSO-like space station authorizations
   granted  pursuant to the procedure set forth in  Sec. 25.158, which seek to
   relocate a GSO satellite or add a frequency band to the authorization, will
   be  placed  in  a  queue pursuant to  Sec. 25.158 and considered only after
   previously  filed  space station license applications or space station
   modification applications have been considered.

   (iv) Applications for modifications of space station authorizations to
   increase the authorized bandwidth will not be considered in cases in which
   the  original  space station authorization was granted pursuant to the
   procedures set forth in  Sec. 25.157(e) or  Sec. 25.158(c)(4).

   (v) Any 17/24 GHz BSS space station operator whose license is conditioned to
   operate at less than the power level otherwise permitted by  Sec.  Sec. 25.208(c)
   and/or (w) of this part, and is conditioned to accept interference from a
   neighboring 17/24 GHz BSS space station, may file a modification application
   to  remove those two conditions in the event that the license for that
   neighboring space station is cancelled or surrendered. In the event that two
   or more such modification applications are filed, and those applications are
   mutually exclusive, the modification applications will be considered on a
   first-come,  first-served basis pursuant to the procedure set forth in
    Sec. 25.158 of this part.

   (3) In the event that a space station licensee provides notification of a
   planned license modification pursuant to  Sec. 25.118(e), and the Commission
   finds that the proposed modification does not meet the requirements of
    Sec. 25.118(e), the Commission will issue a public notice announcing that the
   proposed license modification will be considered pursuant to the procedure
   specified in paragraphs (d)(1) and (d)(2) of this section.

   (e) [Reserved]

   (f) An application for modification of a space station license to add an
   ancillary terrestrial component to an eligible satellite network will be
   treated  as  a  request for a minor modification if the particulars of
   operations provided by the applicant comply with the criteria specified in
    Sec. 25.149. Notwithstanding the treatment of such an application as a minor
   modification, the Commission shall place any initial application for the
   modification of a space station license to add an ancillary terrestrial
   component  on  notice  for  public  comment. Except as provided for in
    Sec. 25.149(f), no application for authority to add an ancillary terrestrial
   component  to an eligible satellite network shall be granted until the
   applicant has demonstrated actual compliance with the criteria specified in
    Sec. 25.149(b).

   (g)  In  cases  where  an  earth  station licensee proposes additional
   transmitters, facilities, or modifications, the resulting transmissions of
   which can reasonably be expected to cause the power density to exceed the RF
   exposure limits specified in part 1, subpart I of this chapter by five
   percent, the licensee must submit an environmental assessment pursuant to
    Sec. 1.1307(b)(3)(i)  of this chapter as an attachment to its modification
   application.

   [ 56 FR 24016 , May 28, 1991, as amended at  61 FR 9952 , Mar. 12, 1996;  62 FR 5928 , Feb. 10, 1997;  68 FR 33649 , June 5, 2003;  68 FR 47858 , Aug. 12, 2003;
    68 FR 51503 , Aug. 27, 2003;  68 FR 62248 , Nov. 3, 2003;  68 FR 63998 , Nov. 12,
   2003;  69 FR 47794 , Aug. 6, 2004;  70 FR 32253 , June 2, 2005;  72 FR 60279 ,
   Oct. 24, 2007]