§  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 § 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 § 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 § 25.151, and interested parties
   will be given an opportunity to file pleadings pursuant to § 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 § 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 § 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 § 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 § 25.151, and interested parties will be given
   an opportunity to file pleadings pursuant to § 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 § 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 § 25.217.

   [ 68 FR 51506 , Aug. 27, 2003]