§ 25.111   Additional information, ITU filings, and ITU cost recovery.

   (a) The Commission may request from any party at any time additional
   information concerning any application, or any other submission or
   pleading regarding an application, filed under this part.

   (b) Applicants and licensees of radio stations governed by this part
   must provide the Commission with the information required for Advance
   Publication, Coordination, and Notification of frequency assignment
   filings, including due diligence information, pursuant to the Radio
   Regulations of the International Telecommunication Union. No protection
   from interference caused by radio stations authorized by other
   Administrations is guaranteed unless ITU procedures are timely
   completed or, with respect to individual Administrations, coordination
   agreements are successfully completed. A license for which such
   procedures have not been completed may be subject to additional terms
   and conditions required for coordination of the frequency assignments
   with other Administrations.

   (c) In the Direct Broadcast Satellite service, applicants and licensees
   shall also provide the Commission with all information it requires in
   order to modify the plans for the Broadcasting-Satellite Service (BSS)
   in Appendix 30 of the ITU Radio Regulations (RR) and associated
   feeder-link plans in Appendix 30A of the ITU RR, if the system has
   technical characteristics differing from those specified in the
   Appendix 30 BSS Plans, the Appendix 30A feederlink Plans, Annex 5 to
   Appendix 30, or Annex 3 to Appendix 30A. For such systems, no
   protection from interference caused by radio stations authorized by
   other Administrations is guaranteed until the agreement of all affected
   Administrations is obtained and the frequency assignment becomes a part
   of the appropriate Region 2 BSS and feeder-link Plans. Authorizations
   for which coordination is not completed and/or for which the necessary
   agreements under Appendices 30 and 30A have not been obtained may be
   subject to additional terms and conditions as required to effect
   coordination or obtain the agreement of other Administrations.
   Applicants and licensees shall also provide the Commission with the
   information required by Appendix 4 of the ITU RR for advance
   publication and notification or coordination of the frequencies to be
   used for tracking, telemetry and control functions of DBS systems.

   (d) The Commission will submit filings to the ITU on behalf of an
   applicant, licensee, or other requesting party only after the party has
   filed a signed declaration of unconditional acceptance of all
   consequent ITU cost-recovery responsibility. Applicants and licensees
   must file the declaration electronically in the “Other Filings” tab of
   the application file in the IBFS database, and must also mail a paper
   copy to the International Bureau, Satellite Division. In addition,
   applicants and licensees must reference the call sign and name of the
   satellite network in the declaration. All cost-recovery declarations
   must include the name(s), address(es), email address(es), and telephone
   number(s) of a contact person, or persons, responsible for cost
   recovery inquiries and ITU correspondence and filings. Supplements must
   be filed as necessary to apprise the Commission of changes in the
   contact information until the ITU cost-recovery responsibility is
   discharged. The applicant, licensee, or other party must remit payment
   of any resultant cost-recovery fee to the ITU by the due date specified
   in the ITU invoice, unless an appeal is pending with the ITU that was
   filed prior to the due date. A license granted in reliance on such a
   commitment will be conditioned upon discharge of any such cost-recovery
   obligation. Where an applicant or licensee has an overdue ITU
   cost-recovery fee and does not have an appeal pending with the ITU, the
   Commission will dismiss any application associated with that satellite
   network.

   (e) The Commission will process and forward to the ITU up to five
   Advance Publication filings by an entity that are not accompanied by a
   complete space station license application or by an application
   pursuant to § 25.110(b)(3)(i) or (b)(3)(ii). Such Advance Publication
   filing requests not contained in an application must be accompanied by
   a letter request and a signed ITU cost-recovery declaration pursuant to
   paragraph (d) of this section. A request for filing of Advance
   Publication information will be attributed to an entity in the same
   manner as a space station license application under the criteria set
   forth in § 25.159(c).

   Note to paragraph (e): After June 30, 2016, the Commission will not
   forward Advance Publication information for satellite networks or
   systems subject to Article 9, Section II of the ITU Radio Regulations
   (incorporated by reference, see § 25.108).

   [ 56 FR 24016 , May 28, 1991, as amended at  67 FR 51113 , Aug. 7, 2002;  68 FR 63997 , Nov. 12, 2003;  78 FR 8421 , Feb. 6, 2013;  79 FR 8314 , Feb. 12,
   2014;  81 FR 55325 , Aug. 18, 2016]

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