Sec.  25.158   Consideration of GSO-like satellite applications.

   

   (a) This section specifies the Commission's procedures for considering
   license applications for "GSO-like satellite systems." For purposes of
   this section, the term "GSO-like satellite system" is defined as a GSO
   satellite designed to communicate with earth stations with directional
   antennas. Examples of GSO-like satellite systems are those which use
   earth stations with antennas with directivity towards the satellites,
   such as FSS, and MSS feeder links which use GSO satellites. GSO-like
   satellite systems are satellite systems that are not NGSO-like
   satellite systems within the meaning of Sec. 25.157(a).

   (b) Applications for GSO-like satellite system licenses will be placed
   in a queue and considered in the order that they are filed, pursuant
   to the following procedure:

   (1) The application will be reviewed to determine whether it is
   acceptable for filing within the meaning of Sec. 25.112. If not, the
   application will be returned to the applicant.

   (2) If the application is acceptable for filing, the application will
   be placed on public notice pursuant to Sec. 25.151, and interested parties
   will be given an opportunity to file pleadings pursuant to Sec. 25.154.

   (3) The application will be granted only if it meets each of the
   following criteria:

   (i) After review of the application and any pleadings filed in
   response to that application, the Commission finds that the
   application meets the standards of Sec. 25.156(a); and

   (ii) The proposed satellite will not cause harmful interference to any
   previously licensed operations.

   (c) An applicant for a GSO-like satellite system license is not
   allowed to transfer, assign, or otherwise permit any other entity to
   assume its place in any queue.

   (d) In the event that two or more GSO-like satellite system license
   applications are mutually exclusive within the meaning of Sec. 25.155(c),
   the Commission will consider those applications pursuant to the
   following procedure:

   (1) Each application will be reviewed to determine whether it is
   acceptable for filing within the meaning of Sec. 25.112. Any application
   not found acceptable for filing will be returned to the applicant.

   (2) All applications that are acceptable for filing will be placed on
   public notice pursuant to Sec. 25.151, and interested parties will be
   given an opportunity to file pleadings pursuant to Sec. 25.154.

   (3) Each application will be granted if it meets the criteria of
   paragraph (b)(3) of this section, and otherwise will be denied.

   (4) In the event that two or more applications are granted pursuant to
   paragraph (d)(3) of this section, the available bandwidth at the
   orbital location or locations in question will be divided equally
   among those licensees.

   (5) Licensees whose licenses are granted pursuant to paragraph (d)(4)
   of this section will be allowed to select the particular band segment
   it wishes to use no earlier than 60 days before they plan to launch
   the first satellite in its system, and no later than 30 days before
   that date, by submitting a letter to the Secretary of the Commission.
   The licensee shall serve copies of this letter to the other
   participants in the processing round pursuant to Sec. 1.47 of this
   chapter.

   (6) Licensees whose licenses are granted pursuant to paragraph (d)(4)
   of this section shall request contiguous bandwidth in both the uplink
   and downlink band. Each licensee's bandwidth selection shall not
   preclude other licensees from selecting contiguous bandwidth.

   (7) If two or more licensees whose licenses are granted pursuant to
   paragraph (d)(4) of this section request the same band segment, all
   licensees other than the first one to request that particular band
   segment will be required to make another selection.

   (e) Services offered pursuant to a GSO-like license in a frequency
   band granted before the Commission has adopted frequency-band-specific
   service rules for that band will be subject to the default service
   rules in Sec. 25.217.

   [ 68 FR 51506 , Aug. 27, 2003]