Goto Section: 25.147 | 25.149 | Table of Contents
FCC 25.148
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 25.148 Licensing provisions for the Direct Broadcast Satellite Service.
(a) License terms. License terms for DBS facilities are specified in
§ 25.121(a).
(b) Due diligence. (1) All persons granted DBS authorizations shall proceed
with due diligence in constructing DBS systems. Permittees shall be required
to complete contracting for construction of the satellite station(s) within
one year of the grant of the authorization. The satellite stations shall
also be required to be in operation within six years of the authorization
grant.
(2) In addition to the requirements stated in paragraph (b)(1) of this
section, all persons who receive new or additional DBS authorizations after
January 19, 1996 shall complete construction of the first satellite in their
respective DBS systems within four years of grant of the authorization. All
satellite stations in such a DBS system shall be in operation within six
years of the grant of the authorization.
(3) DBS licensees shall be required to proceed consistent with all
applicable due diligence obligations, unless otherwise determined by the
Commission upon proper showing in any particular case. Transfer of control
of the authorization shall not be considered to justify extension of these
deadlines.
(c) Geographic service requirements. Those entities acquiring DBS
authorizations after January 19, 1996, or who after January 19, 1996 modify
a previous DBS authorization to launch a replacement satellite, must provide
DBS service to Alaska and Hawaii where such service is technically feasible
from the authorized orbital location. This requirement does not apply to DBS
satellites authorized to operate at the 61.5° W.L. orbital location. DBS
applicants seeking to operate from locations other than 61.5° W.L. who do
not provide service to Alaska and Hawaii, must provide technical analyses to
the Commission demonstrating that such service is not feasible as a
technical matter, or that while technically feasible such services would
require so many compromises in satellite design and operation as to make it
economically unreasonable.
(d) DBS subject to competitive bidding. Mutually exclusive initial
applications to provide DBS are subject to competitive bidding procedures.
The general competitive bidding procedures set forth in part 1, subpart Q of
this chapter will apply unless otherwise provided in this part.
(e) DBS long form application. Winning bidders are subject to the provisions
of § 1.2107 of this chapter except that in lieu of a FCC Form 601 each
winning bidder shall submit the long-form satellite service application (FCC
Form 312) within thirty (30) days after being notified by Public Notice that
it is the winning bidder. Each winning bidder will also be required to
submit by the same deadline the information described in § 25.215 (Technical)
and § 25.601 (EEO), and in paragraph (f) of this section. Each winner also
will be required to file, by the same deadline, a signed statement
describing its efforts to date and future plans to come into compliance with
any applicable spectrum limitations, if it is not already in compliance.
Such information shall be submitted pursuant to the procedures set forth in
§ 25.114 and any associated Public Notices.
(f) Technical qualifications. DBS operations must be in accordance with the
sharing criteria and technical characteristics contained in Appendices 30
and 30A of the ITU's Radio Regulations. Operation of systems using differing
technical characteristics may be permitted, with adequate technical showing,
and if a request has been made to the ITU to modify the appropriate Plans to
include the system's technical parameters.
[ 67 FR 51113 , Aug. 7, 2002]
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Goto Section: 25.147 | 25.149
Goto Year: 2014 |
2016
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