Goto Section: 25.147 | 25.149 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 25.148 Licensing provisions for the Direct Broadcast Satellite Service.
(a) License terms. License terms for DBS facilities are specified in
(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 61.5Â° W.L. orbital location. DBS applicants seeking to operate from
locations other than 61.5Â° 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
(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
[ 67 FR 51113 , Aug. 7, 2002]
Goto Section: 25.147 | 25.149
Goto Year: 2020 |
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