Sec.  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) 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 must attach to their FCC Form
   312  an  exhibit  providing  legal  and  technical information for the
   non-U.S.   licensed   space   station  in  accordance  with  part  25.
   Applications  addressed in this paragraph must be filed electronically
   through the International Bureau Filing System (IBFS).

   (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  system pursuant to Sec. 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
   Sec. 25.158  and  considered before later-filed applications of other U.S.
   satellite  system operators, if the non-U.S. licensed satellite system
   is:

   (1) 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  Sec. 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 Sec. 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 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 Sec. 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 Sec. 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]