§ 25.157   Consideration of NGSO-like satellite applications.

   (a) This section specifies the Commission's procedures for considering
   license applications for "NGSO-like satellite systems." For purposes of
   this section, the term "NGSO-like satellite system" is defined as:

   (1) All NGSO satellite systems, and

   (2) All GSO MSS satellite systems, in which the satellites are designed
   to communicate with earth stations with omni-directional antennas.

   (b) Each NGSO-like satellite system application will be reviewed to
   determine whether it is acceptable for filing within the meaning of
   § 25.112. Any application that is not acceptable for filing would be
   returned to the applicant.

   (c) Each NGSO-like satellite system application that is acceptable for
   filing 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 NGSO-like
   satellite system applications.

   (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 an applicants' license 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 to operate an NGSO-like satellite system 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]

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