§ 25.148   Licensing provisions for the Direct Broadcast Satellite Service.

   (a)  License  terms. License terms for DBS facilities are specified in
   § 25.121(a).

   (b) Due diligence. (1) All persons granted DBS authorizations shall proceed
   with due diligence in constructing DBS systems. Permittees shall be required
   to complete contracting for construction of the satellite station(s) within
   one year of the grant of the authorization. The satellite stations shall
   also be required to be in operation within six years of the authorization
   grant.

   (2) In addition to the requirements stated in paragraph (b)(1) of this
   section, all persons who receive new or additional DBS authorizations after
   January 19, 1996 shall complete construction of the first satellite in their
   respective DBS systems within four years of grant of the authorization. All
   satellite stations in such a DBS system shall be in operation within six
   years of the grant of the authorization.

   (3)  DBS  licensees  shall  be required to proceed consistent with all
   applicable due diligence obligations, unless otherwise determined by the
   Commission upon proper showing in any particular case. Transfer of control
   of the authorization shall not be considered to justify extension of these
   deadlines.

   (c)  Geographic  service  requirements.  Those  entities acquiring DBS
   authorizations after January 19, 1996, or who after January 19, 1996 modify
   a previous DBS authorization to launch a replacement satellite, must provide
   DBS service to Alaska and Hawaii where such service is technically feasible
   from the authorized orbital location. This requirement does not apply to DBS
   satellites authorized to operate at the 61.5° W.L. orbital location. DBS
   applicants seeking to operate from locations other than 61.5° W.L. who do
   not provide service to Alaska and Hawaii, must provide technical analyses to
   the  Commission  demonstrating  that such service is not feasible as a
   technical matter, or that while technically feasible such services would
   require so many compromises in satellite design and operation as to make it
   economically unreasonable.

   (d)  DBS  subject  to  competitive bidding. Mutually exclusive initial
   applications to provide DBS are subject to competitive bidding procedures.
   The general competitive bidding procedures set forth in part 1, subpart Q of
   this chapter will apply unless otherwise provided in this part.

   (e) DBS long form application. Winning bidders are subject to the provisions
   of  § 1.2107 of this chapter except that in lieu of a FCC Form 601 each
   winning bidder shall submit the long-form satellite service application (FCC
   Form 312) within thirty (30) days after being notified by Public Notice that
   it is the winning bidder. Each winning bidder will also be required to
   submit by the same deadline the information described in § 25.215 (Technical)
   and § 25.601 (EEO), and in paragraph (f) of this section. Each winner also
   will  be  required  to  file, by the same deadline, a signed statement
   describing its efforts to date and future plans to come into compliance with
   any applicable spectrum limitations, if it is not already in compliance.
   Such information shall be submitted pursuant to the procedures set forth in
   § 25.114 and any associated Public Notices.

   (f) Technical qualifications. DBS operations must be in accordance with the
   sharing criteria and technical characteristics contained in Appendices 30
   and 30A of the ITU's Radio Regulations. Operation of systems using differing
   technical characteristics may be permitted, with adequate technical showing,
   and if a request has been made to the ITU to modify the appropriate Plans to
   include the system's technical parameters.

   [ 67 FR 51113 , Aug. 7, 2002]

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