§ 25.156   Consideration of applications.

   (a) Applications for a radio station authorization, or for modification
   or renewal of an authorization, will be granted if, upon examination of
   the application, any pleadings or objections filed, and upon
   consideration of such other matters as it may officially notice, the
   Commission finds that the applicant is legally, technically, and
   otherwise qualified, that the proposed facilities and operations comply
   with all applicable rules, regulations, and policies, and that grant of
   the application will serve the public interest, convenience and
   necessity.

   (b) [Reserved]

   (c) Reconsideration or review of any final action taken by the
   Commission will be in accordance with subpart A of part 1 of this
   chapter.

   (d)(1) Applications for NGSO-like satellite operation will be
   considered pursuant to the procedures set forth in § 25.157, except as
   provided in § 25.157(b).

   (2) Applications for GSO-like satellite operation will be considered
   pursuant to the procedures set forth in § 25.158, except as provided in
   § 25.158(a)(2).

   (3) Applications for both NGSO-like satellite operation and GSO-like
   satellite operation in two or more service bands will be treated as
   separate applications for each service band, and each service band
   request will be considered pursuant to § 25.157 or § 25.158, as
   appropriate.

   (4) Applications for feeder-link authority or inter-satellite link
   authority will be treated like an application separate from its
   associated service band. Each feeder-link request or inter-satellite
   link request will be considered pursuant to the procedure for
   applications for GSO-like operation or NGSO-like operation, as
   applicable.

   (5) In cases where the Commission has not adopted frequency-band
   specific service rules, the Commission will not consider applications
   for NGSO-like satellite operation after it has granted an application
   for GSO-like operation in the same frequency band, and it will not
   consider applications for GSO-like operation after it has granted an
   application for NGSO-like operation in the same band, unless and until
   the Commission establishes NGSO/GSO sharing criteria for that frequency
   band. In the event that the Commission receives applications for
   NGSO-like operation and applications for GSO-like operation at the same
   time, and the Commission has not adopted sharing criteria in that band,
   the Commission will divide the spectrum between GSO-like and NGSO-like
   licensees based on the proportion of qualified GSO-like and NGSO-like
   applicants.

   (6) An application for DBS or DARS services will be entitled to
   comparative consideration with one or more conflicting applications
   only if:

   (i) The application is mutually exclusive with another application; and

   (ii) The application is received by the Commission in a condition
   acceptable for filing by the “cut-off” date specified in a public
   notice.

   [ 56 FR 24016 , May 28, 1991, as amended at  68 FR 51505 , Aug. 27, 2003;
    81 FR 55333 , Aug. 18, 2016]

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