§ 25.111   Additional information 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 the information required by paragraphs
   (b) or (c) of this section to the ITU only after the applicant or
   licensee has submitted a signed declaration that it unconditionally
   accepts all consequent ITU cost-recovery responsibility. The
   declaration must be electronically filed in the "Other Filings" tab of
   the application file in the IBFS database, and a paper copy must be
   mailed to the International Bureau, Satellite Division. The filing must
   reference the call sign and name of the international satellite system
   and include the name(s), address(es), email address(es), and telephone
   and fax 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 or licensee 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.

   [ 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]

   return arrow Back to Top