§  25.148   Licensing provisions for the Direct Broadcast Satellite Service.

   (a) License terms. License terms for DBS facilities are specified in
   § 25.121(a).

   (b) Due diligence. (1) All persons granted DBS authorizations shall
   proceed with due diligence in constructing DBS systems. Permittees
   shall be required to complete contracting for construction of the
   satellite station(s) within one year of the grant of the authorization.
   The satellite stations shall also be required to be in operation within
   six years of the authorization grant.

   (2) In addition to the requirements stated in paragraph (b)(1) of this
   section, all persons who receive new or additional DBS authorizations
   after January 19, 1996 shall complete construction of the first
   satellite in their respective DBS systems within four years of grant of
   the authorization. All satellite stations in such a DBS system shall be
   in operation within six years of the grant of the authorization.

   (3) DBS licensees shall be required to proceed consistent with all
   applicable due diligence obligations, unless otherwise determined by
   the Commission upon proper showing in any particular case. Transfer of
   control of the authorization shall not be considered to justify
   extension of these deadlines.

   (c) Geographic service requirements. Those entities acquiring DBS
   authorizations after January 19, 1996, or who after January 19, 1996
   modify a previous DBS authorization to launch a replacement satellite,
   must provide DBS service to Alaska and Hawaii where such service is
   technically feasible from the authorized orbital location. This
   requirement does not apply to DBS satellites authorized to operate at
   the 61.5° W.L. orbital location. DBS applicants seeking to operate from
   locations other than 61.5° W.L. who do not provide service to Alaska
   and Hawaii, must provide technical analyses to the Commission
   demonstrating that such service is not feasible as a technical matter,
   or that while technically feasible such services would require so many
   compromises in satellite design and operation as to make it
   economically unreasonable.

   (d) DBS subject to competitive bidding. Mutually exclusive initial
   applications to provide DBS are subject to competitive bidding
   procedures. The general competitive bidding procedures set forth in
   part 1, subpart Q of this chapter will apply unless otherwise provided
   in this part.

   (e) DBS long form application. Winning bidders are subject to the
   provisions of § 1.2107 of this chapter except that in lieu of a FCC Form
   601 each winning bidder shall submit the long-form satellite service
   application (FCC Form 312) within thirty (30) days after being notified
   by Public Notice that it is the winning bidder. Each winning bidder
   will also be required to submit by the same deadline the information
   described in § 25.215 (Technical) and § 25.601 (EEO), and in paragraph
   (f) of this section. Each winner also will be required to file, by the
   same deadline, a signed statement describing its efforts to date and
   future plans to come into compliance with any applicable spectrum
   limitations, if it is not already in compliance. Such information shall
   be submitted pursuant to the procedures set forth in § 25.114 and any
   associated Public Notices.

   (f) Technical qualifications. DBS operations must be in accordance with
   the sharing criteria and technical characteristics contained in
   Appendices 30 and 30A of the ITU's Radio Regulations. Operation of
   systems using differing technical characteristics may be permitted,
   with adequate technical showing, and if a request has been made to the
   ITU to modify the appropriate Plans to include the system's technical
   parameters.

   [ 67 FR 51113 , Aug. 7, 2002]