§  25.158   Consideration of applications for GSO-like satellite operation.

   (a)(1) This section specifies the procedures for considering license
   applications for “GSO-like” satellite operation, except as provided in
   paragraph (a)(2) of this section. For purposes of this section, the
   term “GSO-like satellite operation” means operation of a GSO satellite
   to communicate with earth stations with directional antennas, including
   operation of GSO satellites to provide MSS feeder links.

   (2) The procedures prescribed in this section do not apply to an
   application for authority to launch and operate a replacement space
   station that meets the relevant criteria in § 25.165(e)(1) and (e)(2)
   and that will be launched before the space station to be replaced is
   retired from service or within a reasonable time after loss of a space
   station during launch or due to premature failure in orbit.

   (b) Except as provided in paragraph (a)(2) of this section, license
   applications for GSO-like satellite operation, including first-step
   filings pursuant to § 25.110(b)(3)(i) or (ii), will be placed in a queue
   and considered in the order that they are filed, pursuant to the
   following procedure:

   (1) The application will be reviewed to determine whether it is
   acceptable for filing within the meaning of § 25.112. If not, the
   application will be returned to the applicant.

   (2) If the application is acceptable for filing under § 25.112, the
   application will be placed on public notice pursuant to § 25.151.

   (i) For applications filed pursuant to § 25.110(b)(3)(i) or (b)(3)(ii),
   the public notice will announce that the Coordination Request or
   Appendix 30B filing has been submitted to the ITU. When further
   information is filed pursuant to § 25.110(b)(3)(iii), it will be
   reviewed to determine whether it is substantially complete within the
   meaning of § 25.112. If so, a second public notice will be issued
   pursuant to § 25.151 to give interested parties an opportunity to file
   pleadings pursuant to § 25.154.

   (ii) For any other license application for GSO-like satellite
   operation, the public notice will announce that the application has
   been found acceptable for filing and will give interested parties an
   opportunity to file pleadings pursuant to § 25.154.

   (3) The application will be granted only if it meets each of the
   following criteria:

   (i) After review of the application and any pleadings filed in response
   to that application, the Commission finds that the application meets
   the standards of § 25.156(a); and

   (ii) The proposed satellite will not cause harmful interference to any
   previously licensed operations.

   (c) A license applicant for GSO-like satellite operation must not
   transfer, assign, or otherwise permit any other entity to assume its
   place in any queue.

   (d) In the event that two or more applications for GSO-like satellite
   operation are mutually exclusive within the meaning of § 25.155(c), the
   Commission will consider those applications pursuant to the following
   procedure:

   (1) Each application will be reviewed to determine whether it is
   acceptable for filing within the meaning of § 25.112. Any application
   not found acceptable for filing will be returned to the applicant.

   (2) All applications that are acceptable for filing will be placed on
   public notice pursuant to § 25.151, and interested parties will be given
   an opportunity to file pleadings pursuant to § 25.154.

   (3) Each application will be granted if it meets the criteria of
   paragraph (b)(3) of this section, and otherwise will be denied.

   (4) In the event that two or more applications are granted pursuant to
   paragraph (d)(3) of this section, the available bandwidth at the
   orbital location or locations in question will be divided equally among
   those licensees.

   (5) Licensees whose licenses are granted pursuant to paragraph (d)(4)
   of this section 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.

   (6) Licensees whose licenses are granted pursuant to paragraph (d)(4)
   of this section shall request contiguous bandwidth in both the uplink
   and downlink band. Each licensee's bandwidth selection shall not
   preclude other licensees from selecting contiguous bandwidth.

   (7) If two or more licensees whose licenses are granted pursuant to
   paragraph (d)(4) of this section 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.

   (e) Services offered pursuant to a GSO-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 51506 , Aug. 27, 2003, as amended at  81 FR 55334 , Aug. 18, 2016]