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]