§  25.116   Amendments to applications.

   (a) Unless otherwise specified, any pending application may be amended
   until designated for hearing, a public notice is issued stating that a
   substantive disposition of the application is to be considered at a
   forthcoming Commission meeting, or a final order disposing of the
   matter is adopted by the Commission.

   (b) Major amendments submitted pursuant to paragraph (a) of this
   section are subject to the public notice requirements of § 25.151. An
   amendment will be deemed to be a major amendment under the following
   circumstances:

   (1) If the amendment increases the potential for interference, or
   changes the proposed frequencies or orbital locations to be used.

   (2) If the amendment would convert the proposal into an action that may
   have a significant environmental effect under § 1.1307 of this chapter.

   (3) [Reserved]

   (4) If the amendment, or the cumulative effect of the amendment, is
   determined by the Commission otherwise to be substantial pursuant to
   section 309 of the Communications Act.

   (5) Amendments to “defective” space station applications, within the
   meaning of § 25.112 will not be considered.

   (c) Any application for an NGSO-like satellite license within the
   meaning of § 25.157 will be considered to be a newly filed application
   if it is amended by a major amendment (as defined by paragraph (b) of
   this section) after a “cut-off” date applicable to the application,
   except under the following circumstances:

   (1) The amendment resolves frequency conflicts with authorized stations
   or other pending applications but does not create new or increased
   frequency conflicts;

   (2) The amendment reflects only a change in ownership or control found
   by the Commission to be in the public interest and, for which a
   requested exemption from a “cut-off” date is granted;

   (3) The amendment corrects typographical, transcription, or similar
   clerical errors which are clearly demonstrated to be mistakes by
   reference to other parts of the application, and whose discovery does
   not create new or increased frequency conflicts; or

   (4) The amendment does not create new or increased frequency conflicts,
   and is demonstrably necessitated by events which the applicant could
   not have reasonably foreseen at the time of filing.

   (d) Any application for a GSO-like satellite license within the meaning
   of § 25.158 will be considered to be a newly filed application if it is
   amended by a major amendment (as defined by paragraph (b) of this
   section), and will cause the application to lose its status relative to
   later-filed applications in the “queue” as described in § 25.158.

   (e) Any amendment to an application shall be filed electronically
   through the International Bureau Filing System (IBFS) in accordance
   with the applicable provisions of part 1, subpart Y of this chapter.
   Amendments to space station applications must be filed on Form 312 and
   Schedule S. Amendments to space station applications must be filed on
   Form 312 and Schedule B.

   [ 56 FR 24016 , May 28, 1991, as amended at  68 FR 51503 , Aug. 27, 2003;
    69 FR 47794 , Aug. 6, 2004]