(a) Applications for a radio station authorization, or for modification or renewal of an authorization, will be granted if, upon examination of the application, any pleadings or objections filed, and upon consideration of such other matters as it may officially notice, the Commission finds that the applicant is legally, technically, and otherwise qualified, that the proposed facilities and operations comply with all applicable rules, regulations, and policies, and that grant of the application will serve the public interest, convenience and necessity.
(b) Whenever the Commission grants any application in part, or subject to any terms or conditions other than those routinely applied to applications of the same type, the grant shall be considered final unless the Commission should revise its action (either by granting the application as originally requested, or by designating the application for hearing) in response to a petition for reconsideration which:
(1) Is filed by the applicant within thirty (30) days from the release date of the conditioned grant; and
(2) Rejects the grant as made and explains the reasons why the application should be granted as originally requested.
(c) Reconsideration or review of any final action taken by the Commission will be in accordance with subpart A of part 1 of this chapter.
(d) (1) Applications for NGSO-like satellite systems will be considered pursuant to the procedures set forth in § 25.157.
(2) Applications for GSO-like satellite systems will be considered pursuant to the procedures set forth in § 25.158.
(3) Applications for NGSO-like satellite and GSO-like systems employing two or more service bands will be treated like separate applications for each service band, and each service band request will be considered pursuant to § 25.157 or § 25.158, as appropriate.
(4) Applications for feeder link authority or intersatellite link authority will be treated like an application separate from its associated service band. Each feeder link request or intersatellite link request will be considered pursuant to the procedure for GSO-like service or NGSO-like service, as applicable.
(5) In cases where the Commission has not adopted frequency-band specific service rules, the Commission will not consider NGSO-like applications after it has granted a GSO-like application, and it will not consider GSO-like applications after it has granted an NGSO-like application, unless and until the Commission establishes NGSO/GSO sharing criteria for that frequency band. In the event that the Commission receives NGSO-like applications and GSO-like applications at the same time, and the Commission has not adopted sharing criteria in that band, the Commission will divide the spectrum between GSO-like and NGSO-like licensees based on the proportion of qualified GSO-like and NGSO-like applicants.
(6) An application for DBS or DARS services will be entitled to comparative consideration with one or more conflicting applications only if:
(i) The application is mutually exclusive with another application; and
(ii) The application is received by the Commission in a condition acceptable for filing by the “cut-off” date specified in a public notice.
[56 FR 24016, May 28, 1991, as amended at 68 FR 51505, Aug. 27, 2003]
Title 47 published on 2012-10-01
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