Sec.  25.156   Consideration of applications.

   

   (a) Applications for a radio station authorization, or for
   modification or renewal of an authorization, will be granted if, upon
   examination of the application, any pleadings or objections filed, and
   upon consideration of such other matters as it may officially notice,
   the Commission finds that the applicant is legally, technically, and
   otherwise qualified, that the proposed facilities and operations
   comply with all applicable rules, regulations, and policies, and that
   grant of the application will serve the public interest, convenience
   and necessity.

   (b) Whenever the Commission grants any application in part, or subject
   to any terms or conditions other than those routinely applied to
   applications of the same type, the grant shall be considered final
   unless the Commission should revise its action (either by granting the
   application as originally requested, or by designating the application
   for hearing) in response to a petition for reconsideration which:

   (1) Is filed by the applicant within thirty (30) days from the release
   date of the conditioned grant; and

   (2) Rejects the grant as made and explains the reasons why the
   application should be granted as originally requested.

   (c) Reconsideration or review of any final action taken by the
   Commission will be in accordance with subpart A of part 1 of this
   chapter.

   (d)(1) Applications for NGSO-like satellite systems will be considered
   pursuant to the procedures set forth in Sec. 25.157.

   (2) Applications for GSO-like satellite systems will be considered
   pursuant to the procedures set forth in Sec. 25.158.

   (3) Applications for NGSO-like satellite and GSO-like systems
   employing two or more service bands will be treated like separate
   applications for each service band, and each service band request will
   be considered pursuant to Sec. 25.157 or Sec. 25.158, as appropriate.

   (4) Applications for feeder link authority or intersatellite link
   authority will be treated like an application separate from its
   associated service band. Each feeder link request or intersatellite
   link request will be considered pursuant to the procedure for GSO-like
   service or NGSO-like service, as applicable.

   (5) In cases where the Commission has not adopted frequency-band
   specific service rules, the Commission will not consider NGSO-like
   applications after it has granted a GSO-like application, and it will
   not consider GSO-like applications after it has granted an NGSO-like
   application, unless and until the Commission establishes NGSO/GSO
   sharing criteria for that frequency band. In the event that the
   Commission receives NGSO-like applications and GSO-like applications
   at the same time, and the Commission has not adopted sharing criteria
   in that band, the Commission will divide the spectrum between GSO-like
   and NGSO-like licensees based on the proportion of qualified GSO-like
   and NGSO-like applicants.

   (6) An application for DBS or DARS services will be entitled to
   comparative consideration with one or more conflicting applications
   only if:

   (i) The application is mutually exclusive with another application;
   and

   (ii) The application is received by the Commission in a condition
   acceptable for filing by the "cut-off" date specified in a public
   notice.

   [ 56 FR 24016 , May 28, 1991, as amended at  68 FR 51505 , Aug. 27, 2003]