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]