§ 25.137   Requests for U.S. market access through non-U.S.-licensed space
stations.

   (a) Earth station applicants requesting authority to communicate with a
   non-U.S.-licensed space station and entities filing a petition for
   declaratory ruling to access the United States market using a
   non-U.S.-licensed space station must attach an exhibit with their FCC
   Form 312 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 communicate with a
   non-U.S.-licensed space station and entities filing a petition for
   declaratory ruling to access the United States 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) The surety bond requirement in § 25.165, for non-U.S.-licensed space
   stations that are not in orbit and operating.

   (5) Recipients of U.S. market access for NGSO-like satellite operation
   that have one market access request on file with the Commission in a
   particular frequency band, or one granted market access request for an
   unbuilt NGSO-like system in a particular frequency band, will not be
   permitted to request access to the U.S. market through another
   NGSO-like system in that frequency band.

   (e) An entity requesting access to the United States market through a
   non-U.S.-licensed space station pursuant to a petition for declaratory
   ruling may amend its request by submitting an additional petition for
   declaratory ruling. Such additional petitions 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 petitions will be
   considered relative to pending applications and petitions.

   (f) A non-U.S.-licensed space station operator that has been granted
   access to the United States market pursuant to a declaratory ruling may
   modify its U.S. operations under the procedures set forth in
   § § 25.117(d) and (h) and 25.118(e).

   (g) A non-U.S.-licensed satellite operator that acquires control of a
   non-U.S.-licensed space station that has been permitted to serve the
   United States must notify the Commission within 30 days after
   consummation of the transaction so that the Commission can afford
   interested parties an opportunity to comment on whether the transaction
   affected any of the considerations we made when we allowed the
   satellite operator to enter the U.S. market. A non-U.S.-licensed
   satellite that has been transferred to new owners may continue to
   provide service in the United States unless and until the Commission
   determines otherwise. 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;  81 FR 55331 , Aug. 18, 2016;  81 FR 75344 , Oct.
   31, 2016]

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