§ 25.116   Amendments to applications.

   (a) Unless otherwise specified, any pending application may be amended until
   designated for hearing, a public notice is issued stating that a substantive
   disposition  of  the  application is to be considered at a forthcoming
   Commission meeting, or a final order disposing of the matter is adopted by
   the Commission.

   (b) Major amendments submitted pursuant to paragraph (a) of this section are
   subject to the public notice requirements of § 25.151. An amendment will be
   deemed to be a major amendment under the following circumstances:

   (1) If the amendment increases the potential for interference, or changes
   the proposed frequencies or orbital locations to be used.

   (2) If the amendment would convert the proposal into an action that may have
   a significant environmental effect under § 1.1307 of this chapter.

   (3) [Reserved]

   (4)  If  the  amendment, or the cumulative effect of the amendment, is
   determined by the Commission otherwise to be substantial pursuant to section
   309 of the Communications Act.

   (5) Amendments to “defective” space station applications, within the meaning
   of § 25.112 will not be considered.

   (c) Any application for an NGSO-like satellite license within the meaning of
   § 25.157 will be considered to be a newly filed application if it is amended
   by a major amendment (as defined by paragraph (b) of this section) after a
   “cut-off” date applicable to the application, except under the following
   circumstances:

   (1) The amendment resolves frequency conflicts with authorized stations or
   other pending applications but does not create new or increased frequency
   conflicts;

   (2) The amendment reflects only a change in ownership or control found by
   the Commission to be in the public interest and, for which a requested
   exemption from a “cut-off” date is granted;

   (3) The amendment corrects typographical, transcription, or similar clerical
   errors which are clearly demonstrated to be mistakes by reference to other
   parts  of  the application, and whose discovery does not create new or
   increased frequency conflicts; or

   (4) The amendment does not create new or increased frequency conflicts, and
   is demonstrably necessitated by events which the applicant could not have
   reasonably foreseen at the time of filing.

   (d) Any application for a GSO-like satellite license within the meaning of
   § 25.158 will be considered to be a newly filed application if it is amended
   by a major amendment (as defined by paragraph (b) of this section), and will
   cause  the  application  to  lose  its  status relative to later-filed
   applications in the “queue” as described in § 25.158.

   (e) Any amendment to an application shall be filed electronically through
   the  International  Bureau Filing System (IBFS) in accordance with the
   applicable provisions of part 1, subpart Y of this chapter. Amendments to
   space  station  applications must be filed on Form 312 and Schedule S.
   Amendments to earth station applications must be filed on Form 312 and
   Schedule B.

   [ 56 FR 24016 , May 28, 1991, as amended at  68 FR 51503 , Aug. 27, 2003;  69 FR 47794 , Aug. 6, 2004;  78 FR 8421 , Feb. 6, 2013]

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