Goto Section: 25.156 | 25.158 | Table of Contents
Revised as of October 1, 2016
Goto Year:2015 |
§ 25.157 Consideration of applications for NGSO-like satellite operation.
(a) This section specifies the procedures for considering license
applications for “NGSO-like” satellite operation, except as provided in
paragraph (b) of this section. For purposes of this section, the term
“NGSO-like satellite operation” means:
(1) Operation of any NGSO satellite system, and
(2) Operation of a GSO MSS satellite to communicate with earth stations
with non-directional antennas.
(b) The procedures prescribed in this section do not apply to an
application for authority to launch and operate a replacement space
station, or stations, that meet the relevant criteria in § 25.165(e)(1)
and (e)(2) and that will be launched before the space station(s) to be
replaced are, or is, retired from service or within a reasonable time
after loss of a space station during launch or due to premature failure
(c) Each application for NGSO-like satellite operation that is
acceptable for filing under § 25.112, except replacement applications
described in paragraph (b) of this section, will be reviewed to
determine whether it is a “competing application,” i.e., filed in
response to a public notice initiating a processing round, or a “lead
application,” i.e., all other applications for NGSO-like satellite
(1) Competing applications that are acceptable for filing will be
placed on public notice to provide interested parties an opportunity to
file pleadings in response to the application pursuant to § 25.154.
(2) Lead applications that are acceptable for filing will be placed on
public notice. This public notice will initiate a processing round,
establish a cut-off date for competing NGSO-like satellite system
applications, and provide interested parties an opportunity to file
pleadings in response to the application pursuant to § 25.154.
(d) After review of each of the applications in the processing round,
and all the pleadings filed in response to each application, the
Commission will grant all the applications that meet the standards of
§ 25.156(a), and deny the other applications.
(e)(1) In the event that there is insufficient spectrum in the
frequency band available to accommodate all the qualified applicants in
a processing round, the available spectrum will be divided equally
among the licensees whose applications are granted pursuant to
paragraph (d) of this section, except as set forth in paragraph (e)(2)
or (e)(3) of this section.
(2) In cases where there are only one or two applications in a
processing round granted pursuant to paragraph (d) of this section,
each applicant will be assigned 1⁄3 of the available spectrum, and the
remaining spectrum will be made available to other licensees in an
additional processing round pursuant to paragraph (c) of this section.
(3) In cases where there are three or more applications in a processing
round granted pursuant to paragraph (d) of this section, and one or
more applicants apply for less spectrum than they would be warranted
under paragraph (e)(1) of this section, those applicants will be
assigned the bandwidth amount they requested in their applications. In
those cases, the remaining qualified applicants will be assigned the
lesser of the amount of spectrum they requested in their applications
and the amount spectrum that they would be assigned if the available
spectrum were divided equally among the remaining qualified applicants.
(f)(1) Each licensee 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.
(2) The licensee shall request contiguous bandwidth in both the uplink
and downlink band. Each licensee's bandwidth selection in both the
uplink and downlink band shall not preclude other licensees from
selecting contiguous bandwidth.
(3) If two or more licensees in a processing round 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.
(g)(1) In the event that a license granted in a processing round
pursuant to this section is cancelled for any reason, the Commission
will redistribute the bandwidth allocated to that applicant equally
among the remaining applicants whose licenses were granted concurrently
with the cancelled license, unless the Commission determines that such
a redistribution would not result in a sufficient number of licensees
remaining to make reasonably efficient use of the frequency band.
(2) In the event that the redistribution of bandwidth set forth in
paragraph (g)(1) of this section would not result in a sufficient
number of licensees remaining to make reasonably efficient use of the
frequency band, the Commission will issue a public notice initiating a
processing round, as set forth in paragraph (c) of this section, to
invite parties to apply for an NGSO-like satellite system license to
operate in a portion of the bandwidth made available as a result of the
cancellation of the initial applicant's license. Parties already
holding licenses for NGSO-like satellite operation in that frequency
band will not be permitted to participate in that processing round.
(3) There is a presumption that three satellite licensees in a
frequency band are sufficient to make reasonably efficient use of the
(h) Services offered pursuant to an NGSO-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 51505 , Aug. 27, 2003, as amended at 81 FR 55334 , Aug. 18, 2016]
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Goto Section: 25.156 | 25.158
Goto Year: 2015 |
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