§  25.117   Modification of station license.

   (a) Except as provided for in §  25.118 (Modifications not requiring
   prior authorization), no modification of a radio station governed by
   this part which affects the parameters or terms and conditions of the
   station authorization shall be made except upon application to and
   grant of such application by the Commission.

   (b) Both earth station and space station modification applications must
   be filed electronically through the International Bureau Filing System
   (IBFS) in accordance with the applicable provisions of part 1, subpart
   Y of this chapter.

   (c) Applications for modification of earth station authorizations must
   be submitted on FCC Form 312, Main Form and Schedule B. Applications
   for modification of space station authorizations must be submitted on
   FCC Form 312, Main Form and Schedule S. Only those items that change
   need to be specified, provided that the applicant certifies that the
   remaining information has not changed.

   (d)(1) Except as set forth in §  25.118(e), applications for
   modifications of space station authorizations shall be filed in
   accordance with §  25.114, but only those items of information listed
   in §  25.114 that change need to be submitted, provided the applicant
   certifies that the remaining information has not changed.

   (2) Applications for modifications of space station authorizations will
   be granted except under the following circumstances:

   (i) Granting the modification would make the applicant unqualified to
   operate a space station under the Commission's rules.

   (ii) Granting the modification request would not serve the public
   interest, convenience, and necessity.

   (iii) Except as set forth in paragraph (d)(2)(iv) of this section,
   applications for modifications of GSO-like space station authorizations
   granted pursuant to the procedure set forth in §  25.158, which seek to
   relocate a GSO satellite or add a frequency band to the authorization,
   will be placed in a queue pursuant to §  25.158 and considered only
   after previously filed space station license applications or space
   station modification applications have been considered.

   (iv) Applications for modifications of space station authorizations to
   increase the authorized bandwidth will not be considered in cases in
   which the original space station authorization was granted pursuant to
   the procedures set forth in §  25.157(e) or §  25.158(c)(4).

   (v) Any 17/24 GHz BSS space station operator whose license is
   conditioned to operate at less than the power level otherwise permitted
   by § §  25.208(c) and/or (w) of this part, and is conditioned to accept
   interference from a neighboring 17/24 GHz BSS space station, may file a
   modification application to remove those two conditions in the event
   that the license for that neighboring space station is cancelled or
   surrendered. In the event that two or more such modification
   applications are filed, and those applications are mutually exclusive,
   the modification applications will be considered on a first-come,
   first-served basis pursuant to the procedure set forth in §  25.158 of
   this part.

   (3) In the event that a space station licensee provides notification of
   a planned license modification pursuant to §  25.118(e), and the
   Commission finds that the proposed modification does not meet the
   requirements of §  25.118(e), the Commission will issue a public notice
   announcing that the proposed license modification will be considered
   pursuant to the procedure specified in paragraphs (d)(1) and (d)(2) of
   this section.

   (e) Any application for modification of authorization to extend a
   required date of completion, as set forth in §  25.133 for earth
   station authorizations or §  25.164 for space stations, or included as
   a condition of any earth station or space station authorization, must
   include a verified statement from the applicant:

   (1) That states that the additional time is required due to
   unforeseeable circumstances beyond the applicant's control, describes
   these circumstances with specificity, and justifies the precise
   extension period requested; or

   (2) That states there are unique and overriding public interest
   concerns that justify an extension, identifies these interests and
   justifies a precise extension period.

   (f) An application for modification of a space station license to add
   an ancillary terrestrial component to an eligible satellite network
   will be treated as a request for a minor modification if the
   particulars of operations provided by the applicant comply with the
   criteria specified in §  25.149. Notwithstanding the treatment of such
   an application as a minor modification, the Commission shall place any
   initial application for the modification of a space station license to
   add an ancillary terrestrial component on notice for public comment.
   Except as provided for in §  25.149(f), no application for authority to
   add an ancillary terrestrial component to an eligible satellite network
   shall be granted until the applicant has demonstrated actual compliance
   with the criteria specified in §  25.149(b).

   (g) In cases where an earth station licensee proposes additional
   transmitters, facilities, or modifications, the resulting transmissions
   of which can reasonably be expected to cause the power density to
   exceed the RF exposure limits specified in part 1, subpart I of this
   chapter by five percent, the licensee must submit an environmental
   assessment pursuant to §  1.1307(b)(3)(i) of this chapter as an
   attachment to its modification application.

   [ 56 FR 24016 , May 28, 1991, as amended at  61 FR 9952 , Mar. 12, 1996;  62 FR 5928 , Feb. 10, 1997;  68 FR 33649 , June 5, 2003;  68 FR 47858 , Aug.
   12, 2003;  68 FR 51503 , Aug. 27, 2003;  68 FR 62248 , Nov. 3, 2003;  68 FR 63998 , Nov. 12, 2003;  69 FR 47794 , Aug. 6, 2004;  70 FR 32253 , June 2,
   2005;  72 FR 60279 , Oct. 24, 2007;  78 FR 8421 , Feb. 6, 2013]

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