Goto Section: 25.158 | 25.160 | Table of Contents
Revised as of October 1, 2016
Goto Year:2015 |
§ 25.159 Limits on pending applications and unbuilt satellite systems.
(b) Applicants with an application for one NGSO-like satellite system
license on file with the Commission in a particular frequency band, or
one licensed-but-unbuilt NGSO-like satellite system in a particular
frequency band, will not be permitted to apply for another NGSO-like
satellite system license in that frequency band.
(c) If an applicant has an attributable interest in one or more other
entities seeking one or more space station licenses, the pending
applications and licensed-but-unbuilt satellite systems filed by those
other entities will be counted as filed by the applicant for purposes
of the limits on the number of pending space station applications and
licensed-but-unbuilt satellite systems in this paragraph. For purposes
of this paragraph, an applicant has an “attributable interest” in
another entity if:
(1) It holds equity (including all stockholdings, whether voting or
nonvoting, common or preferred) and debt interest or interests, in the
aggregate, exceed thirty-three (33) percent of the total asset value
(defined as the aggregate of all equity plus all debt) of that entity,
(2) It holds a controlling interest in that entity, or is the
subsidiary of a party holding a controlling interest in that entity,
within the meaning of 47 CFR 1.2110(b)(2).
(3) For purposes of paragraphs (c)(1) and (c)(2) of this section,
ownership interests shall be calculated on a fully diluted basis, i.e.,
all agreements, such as warrants, stock options, and convertible
debentures, will generally be treated as if the rights thereunder
already have been fully exercised.
(d) In the event that a licensee misses three or more milestones within
any three-year period, the Commission will presume that the licensee
obtained one or more of those licenses for speculative purposes. Unless
the licensee rebuts this presumption, it will not be permitted to apply
for a GSO-like satellite or an NGSO-like satellite system in any
frequency band if it has two or more satellite applications pending, or
two licensed-but-unbuilt satellite systems of any kind. This limit will
remain in effect until the licensee provides adequate information to
demonstrate that it is very likely to construct its licensed facilities
if it were allowed to file more applications.
(e) For purposes of this section, “frequency band” means one of the
paired frequency bands available for satellite service listed in
[ 68 FR 51506 , Aug. 27, 2003, as amended at 81 FR 55334 , Aug. 18, 2016]
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Forfeiture, Termination, and Reinstatement of Station Authorization
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Goto Section: 25.158 | 25.160
Goto Year: 2015 |
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