§ 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
   in orbit.

   (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
   operation.

   (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
   frequency band.

   (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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