Goto Section: 25.136 | 25.138 | Table of Contents
FCC 25.137
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 25.137 Application requirements for earth stations operating with non-U.S.
licensed space stations.
(a) Earth station applicants or entities filing a “letter of intent” or
“Petition for Declaratory Ruling” requesting authority to operate with a
non-U.S. licensed space station to serve the United States must attach an
exhibit with their FCC Form 312 application with information demonstrating
that U.S.-licensed satellite systems have effective competitive
opportunities to provide analogous services in:
(1) The country in which the non-U.S. licensed space station is licensed;
and
(2) All countries in which communications with the U.S. earth station will
originate or terminate. The applicant bears the burden of showing that there
are no practical or legal constraints that limit or prevent access of the
U.S. satellite system in the relevant foreign markets. The exhibit required
by this paragraph must also include a statement of why grant of the
application is in the public interest. This paragraph shall not apply with
respect to requests for authority to operate using a non-U.S. licensed
satellite that is licensed by or seeking a license from a country that is a
member of the World Trade Organization for services covered under the World
Trade Organization Basic Telecommunications Agreement.
(b) Any request pursuant to paragraph (a) of this section must be filed
electronically through the International Bureau Filing System and must
include an exhibit providing legal and technical information for the
non-U.S.-licensed space station of the kind that § 25.114 would require in a
license application for that space-station, including but not limited to,
information required to complete Schedule S. An applicant may satisfy this
requirement by cross-referencing a pending application containing the
requisite information or by citing a prior grant of authority to communicate
via the space station in question in the same frequency bands to provide the
same type of service.
(c) A non-U.S.-licensed NGSO-like satellite system seeking to serve the
United States can be considered contemporaneously with other U.S. NGSO-like
satellite systems pursuant to § 25.157 and considered before later-filed
applications of other U.S. satellite system operators, and a
non-U.S.-licensed GSO-like satellite system seeking to serve the United
States can have its request placed in a queue pursuant to § 25.158 and
considered before later-filed applications of other U.S. satellite system
operators, if the non-U.S.-licensed satellite system:
(1) Is in orbit and operating;
(2) Has a license from another administration; or
(3) Has been submitted for coordination to the International
Telecommunication Union.
(d) Earth station applicants requesting authority to operate with a
non-U.S.-licensed space station and non-U.S.-licensed satellite operators
filing letters of intent or petitions for declaratory ruling to access the
U.S. market must demonstrate that the non-U.S.-licensed space station has
complied with all applicable Commission requirements for non-U.S. licensed
systems to operate in the United States, including but not limited to the
following:
(1) Milestones;
(2) Reporting requirements;
(3) Any other applicable service rules;
(4) For non-U.S.-licensed satellites that are not in orbit and operating, a
bond must be posted. This bond must be in the amount of $5 million for NGSO
satellite systems, or $3 million for GSO satellites, denominated in U.S.
dollars, and compliant with the terms of § 25.165 of this chapter. The party
posting the bond will be permitted to reduce the amount of the bond upon a
showing that a milestone has been met, in accordance with the terms of
§ 25.165(d) of this chapter.
(5) Non-U.S. licensed GSO-like space station operators with a total of five
requests for access to the U.S. market in a particular frequency band, or a
total of five previously granted requests for access to the U.S. market with
unbuilt GSO-like space stations in a particular frequency band, or a
combination of pending GSO-like requests and granted requests for unbuilt
GSO-like space stations in a particular frequency band that equals five,
will not be permitted to request access to the U.S. market with another
GSO-like space station license in that frequency band. In addition,
non-U.S.-licensed NGSO-like satellite system operators with one request on
file with the Commission in a particular frequency band, or one granted
request for an unbuilt NGSO-like satellite system in a particular frequency
band, will not be permitted to request access to the U.S. market with
another NGSO-like satellite system in that frequency band.
(e) A non-U.S.-licensed satellite operator that is seeking to serve the
United States pursuant to a Letter of Intent may amend its request by
submitting an additional Letter of Intent. Such additional Letters of Intent
will be treated on the same basis as amendments filed by U.S. space station
applicants for purposes of determining the order in which the Letters of
Intent will be considered relative to other pending applications.
(f) A non-U.S.-licensed satellite operator that has been permitted to serve
the United States pursuant to a Letter of Intent or Petition for Declaratory
Ruling, may modify its U.S. operations under the procedures set forth in
§ 25.117(d). In addition, a non-U.S.-licensed satellite operator that has
been permitted to serve the United States pursuant to a Petition for
Declaratory Ruling, may modify its U.S. operations under the procedures set
forth in § 25.118(e).
(g) A non-U.S.-licensed satellite operator that has been permitted to serve
the United States pursuant to a Petition for Declaratory Ruling must notify
the Commission if it plans to transfer control or assign its license to
another party, so that the Commission can afford interested parties an
opportunity to comment on whether the proposed transaction affects any of
the considerations we made when we allowed the satellite operator to enter
the U.S. market. If the transferee or assignee is not licensed by or seeking
a license from a country that is a member of the World Trade Organization
for services covered under the World Trade Organization Basic
Telecommunications Agreement, the non-U.S.-licensed satellite operator will
be required to make the showing described in paragraph (a) of this section.
[ 62 FR 64172 , Dec. 4, 1997, as amended at 64 FR 61792 , Nov. 15, 1999; 65 FR 16327 , Mar. 28, 2000; 65 FR 59143 , Oct. 4, 2000; 68 FR 51503 , Aug. 27, 2003;
68 FR 62249 , Nov. 3, 2003; 69 FR 51587 , Aug. 20, 2004; 78 FR 8422 , Feb. 6,
2013]
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Goto Section: 25.136 | 25.138
Goto Year: 2014 |
2016
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