§ 25.117   Modification of station license.

   (a) Except as provided for in § 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) 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.

   (c) Applications for modification of earth station authorizations must
   be submitted on FCC Form 312, Main Form and Schedule B. Applications
   for modification of space station authorizations must be submitted on
   FCC Form 312, Main Form and Schedule S. Only those items that change
   need to be specified, provided that the applicant certifies that the
   remaining information has not changed.

   (d)(1) Except as set forth in § 25.118(e), applications for
   modifications of space station authorizations shall be filed in
   accordance with § 25.114, but only those items of information listed in
   § 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 § 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 § 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 § 25.157(e) or § 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 § 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 § 25.158 of
   this part.

   (3) In the event that a space station licensee provides notification of
   a planned license modification pursuant to § 25.118(e), and the
   Commission finds that the proposed modification does not meet the
   requirements of § 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) Any application for modification of authorization to extend a
   required date of completion, as set forth in § 25.133 for earth station
   authorizations or § 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 that 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 (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 § 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 § 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 § 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 § 1.1307(b)(3)(i) of this chapter as an
   attachment to its modification application.

   (h) Unless otherwise ordered by the Commission, an application for any
   of the following kinds of modification of the operation of a GSO space
   station will be deemed granted 35 days after the date of the public
   notice that the application has been accepted for filing, provided no
   objection is filed during the 30-day notice period and the application
   does not propose a change that would be inconsistent with a Commission
   rule or require modification of the BSS plan in Appendix 30 or the
   associated feeder-link Plan in Appendix 30A of the ITU Radio
   Regulations (both incorporated by reference, see § 25.108).

   (1) Relocation of a DBS or GSO FSS space station by no more than 0.15°
   from the initially authorized orbital location, provided the
   application includes a signed certification that:

   (i) The space station operator has assessed and limited the probability
   of the satellite becoming a source of debris as a result of collisions
   with large debris or other operational satellites at the new orbital
   location; and

   (ii) The proposed station-keeping volume of the satellite following
   relocation will not overlap a station-keeping volume reasonably
   expected to be occupied by any other satellite, including those
   authorized by the Commission, applied for and pending before the
   Commission, or otherwise the subject of an ITU filing and either in
   orbit or progressing towards launch.

   (2) Repositioning one or more antenna beams by no more than 0.3 angular
   degrees from a line between the space station and the initially
   authorized boresight location(s).

   [ 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;  78 FR 8421 , Feb. 6, 2013;  81 FR 55328 , Aug. 18, 2016]

   return arrow Back to Top