§ 25.164   Milestones.

   (a) Licensees of geostationary orbit satellite systems other than DBS
   and DARS satellite systems, including GSO MSS satellite systems,
   licensed on or after August 27, 2003 will be required to comply with
   the schedule set forth in paragraphs (a)(1) through (a)(4) of this
   section in implementing their satellite systems, unless a different
   schedule is established by Title 47, Chapter I, or by Commission Order,
   or by Order adopted pursuant to delegated authority. These dates are to
   be measured from the date the license is issued.

   (1) One year: Enter into a binding non-contingent contract to construct
   the licensed satellite system.

   (2) Two years: Complete the critical design review of the licensed
   satellite system.

   (3) Three years: Begin the construction of the satellite.

   (4) Five years: Launch the space station, position it in its assigned
   orbital location, and operate it in accordance with the station
   authorization.

   (b) Licensees of non-geostationary orbit satellite systems other than
   DBS and DARS satellite systems licensed on or after September 11, 2003,
   will be required to comply with the schedule set forth in paragraphs
   (b)(1) through (b)(5) of this section in implementing their satellite
   systems, unless a different schedule is established by Title 47,
   Chapter I, or by Commission Order, or by Order adopted pursuant to
   delegated authority. These dates are to be measured from the date the
   license is issued.

   (1) One year: Enter into a binding non-contingent contract to construct
   the licensed satellite system.

   (2) Two years: Complete the critical design review of the licensed
   satellite system.

   (3) Two years, six months: Begin the construction of the first
   satellite in the licensed satellite system.

   (4) Three years, six months: Launch the first space station, place it
   in the authorized orbit, and operate it in accordance with the station
   authorization.

   (5) Six years: Bring all the satellites in the licensed satellite
   system into operation.

   (c) Licensees of all satellite systems, other than DBS and DARS
   satellite systems, must either submit a copy of a binding
   non-contingent satellite construction contract with the Commission or
   notify the Commission in writing that they have not entered into such a
   contract, no later than 15 days after the milestone date for entering
   into such a contract.

   (d) Licensees of all satellite systems, other than DBS and DARS
   satellite systems, must either submit information to the Commission
   sufficient to demonstrate that the licensee has completed the critical
   design review of the licensed satellite system or notify the Commission
   in writing that critical design review has not been completed, no later
   than 15 days after the milestone date for completion of such design
   review.

   (e) Licensees of all satellite systems, other than DBS and DARS
   satellite systems, must either submit information to the Commission
   sufficient to demonstrate that the licensee has commenced physical
   construction of its licensed spacecraft or notify the Commission in
   writing that such construction has not commenced, no later than 15 days
   after the milestone date for such commencement.

   (f) Licensees of all satellite systems, other than DBS and SDARS
   systems, must either demonstrate compliance with an applicable deadline
   for operation or launch and operation specified in paragraph (a) or (b)
   of this section or notify the Commission in writing that launch and
   commencement of operation has not occurred, no later than 15 days after
   the deadline. Compliance with a milestone requirement in paragraph
   (a)(4), (b)(4), or (b)(5) of this section may be demonstrated by
   certifying pursuant to § 25.121(d) that the space station, or stations,
   has, or have, been launched and placed in the authorized orbital
   location or non-geostationary orbit(s) and that in-orbit operation of
   the space station or stations has been tested and found to be
   consistent with the terms of the authorization.

   (g) Licensees of satellite systems that include both non-geostationary
   orbit satellites and geostationary orbit satellites, other than DBS and
   DARS satellite systems, will be required to comply with the schedule in
   paragraph (a) of this section with respect to the geostationary orbit
   satellites, and with the schedule set forth in paragraph (b) of this
   section with respect to the non-geostationary orbit satellites.

   (h) In cases where the Commission grants a satellite authorization in
   different stages, such as a license for a satellite system using feeder
   links or inter-satellite links, the earliest of the milestone schedules
   will be applied to the entire satellite system.

   [ 68 FR 51507 , Aug. 27, 2003, as amended at  69 FR 51587 , Aug. 20, 2004;
    79 FR 8320 , Feb. 12, 2014]

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