§ 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]

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