§ 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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