§  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
   § 25.202.

   [ 68 FR 51506 , Aug. 27, 2003]

Forfeiture, Termination, and Reinstatement of Station Authorization