---
kind: "range"
citation: "47 C.F.R. §§ 25.150–25.156"
title: "47"
from: "25.150"
to: "25.156"
count: 7
url: "https://uscodex.org/cfr/47/25.150..25.156"
---

# §25.150. Receipt of applications.


Applications received by the Commission are given a file number and a unique station identifier for administrative convenience. Neither the assignment of a file number and/or other identifier nor the listing of the application on public notice as received for filing indicates that the application has been found acceptable for filing or precludes subsequent return or dismissal of the application if it is found to be defective or not in accordance with the Commission's rules.


# §25.151. Public notice.

- (a) At regular intervals, the Commission will issue public notices listing:
  - (1) The receipt of applications for new station authorizations, except applications for space station licenses filed pursuant to § [25.110(b)(3)(i)](/cfr/47/25.110.md?p=b-3-i) or [(ii)](/cfr/47/25.110.md?p=b-3-ii) of this part;
  - (2) The receipt of applications for license or registration of receive-only earth stations;
  - (3) The receipt of applications for major modifications to station authorizations;
  - (4) The receipt of major amendments to pending applications;
  - (5) The receipt of applications to assign or transfer control of space station facilities, transmitting earth station facilities, or international receive-only earth station facilities;
  - (6) Significant Commission actions regarding applications;
  - (7) Information that the Commission in its discretion believes to be of public significance;
  - (8) Special environmental considerations as required by [part 1](/cfr/47/part1.md) of this chapter;
  - (9) Submission of Coordination Requests and Appendix 30B filings to the ITU in response to requests filed pursuant to § [25.110(b)(3)(i)](/cfr/47/25.110.md?p=b-3-i) and [(b)(3)(ii)](/cfr/47/25.110.md?p=b-3-ii);
  - (10) The receipt of space station application information filed pursuant to [§ 25.110(b)(3)(iii)](/cfr/47/25.110.md?p=b-3-iii);
  - (11) The receipt of notifications of non-routine transmission filed pursuant to [§ 25.140(d)](/cfr/47/25.140.md?p=d);
  - (12) The receipt of EPFD input data files from an NGSO FSS licensee or market access recipient, submitted pursuant to [§ 25.111(b)](/cfr/47/25.111.md?p=b) or [§ 25.146(c)(2)](/cfr/47/25.146.md?p=c-2); and
  - (13) The receipt of NGSO FSS compatibility showings filed pursuant to [§ 25.261(d)](/cfr/47/25.261.md?p=d).
- (b) Special public notices may also be issued at other times under special circumstances involving non-routine matters where speed is of the essence and efficiency of Commission process will be served thereby.
- (c) A public notice will not normally be issued for receipt of any of the following applications:
  - (1) For authorization of a minor technical change in the facilities of an authorized station;
  - (2) For temporary authorization pursuant to [§ 25.120](/cfr/47/25.120.md).
  - (3) For an authorization under any of the proviso clauses of section 308(a) of the Communications Act of 1934, as amended [[47 U.S.C. 308(a)](/usc/47/308.md?p=a)];
  - (4) For consent to an involuntary assignment or transfer of control of a transmitting earth station authorization; or
  - (5) For consent to an assignment or transfer of control of a space station authorization or a transmitting earth station authorization, where the assignment or transfer does not involve a substantial change in ownership or control; or
  - (6) For change in location of an earth station operating in the 4/6 GHz and 10.95-11.7 GHz bands by no more than 1″ in latitude and/or longitude and for change in location of an earth station operating in the 12/14 GHz bands by no more than 10″ in latitude and/or longitude.
- (d) Except as specified in [paragraph (e)](#e) of this section, no application that has appeared on public notice will be granted until the expiration of a period of thirty days following the issuance of the public notice listing the application, or any major amendment thereto. Any comments or petitions must be delivered to the Commission by that date in accordance with [§ 25.154](/cfr/47/25.154.md).
- (e)
  - (1) Applicants seeking authority to operate a temporary fixed earth station pursuant to [§ 25.277](/cfr/47/25.277.md) may consider their applications “provisionally granted,” and may initiate operations upon the placement of the complete FCC Form 312 application on public notice, provided that
    - (i) The temporary fixed earth station will operate only in the conventional Ku-band (14.0-14.5 GHz and 11.7-12.2 GHz bands);
    - (ii) The temporary fixed earth station's operations will be consistent with all routine-licensing requirements for the conventional Ku-band; and
    - (iii) The temporary fixed earth station's operations will be limited to satellites on the Permitted Space Station List.
  - (2) Applications for authority granted pursuant to [paragraph (e)(1)](#e-1) of this section shall be placed on public notice pursuant to [paragraph (a)(1)](#a-1) of this section. If no comments or petitions are filed within 30 days of the public notice date, the authority granted will be considered a regular temporary fixed earth station authorization as of 30 days after the public notice date. If a comment or petition is filed within 30 days of the public notice date, the applicant must suspend operations immediately pending resolution of the issues raised in that comment or petition.

# §25.152. Reserved



# §25.153. Repetitious applications.

- (a) Where an application has been denied or dismissed with prejudice, the Commission will not consider a like application involving service of the same kind to the same area by the same applicant, or by its successor or assignee, or on behalf of or for the benefit of any of the original parties in interest, until after the lapse of 12 months from the effective date of the Commission's action.
- (b) Where an appeal has been taken from the action of the Commission denying a particular application, another application for the same class of station and for the same area, in whole or in part, filed by the same applicant or by his successor or assignee, or on behalf or for the benefit of the original parties in interest, will not be considered until the final disposition of the appeal.

# §25.154. Opposition to applications and other pleadings.

- (a) **Petitions to deny, petitions for other forms of relief, and other objections or comments must—**
  - (1) Identify the application or applications (including applicant's name, station location, Commission file numbers, and radio service involved) with which it is concerned;
  - (2) Be filed within thirty (30) days after the date of public notice announcing the acceptance for filing of the application or major amendment thereto (unless the Commission otherwise extends the filing deadline);
  - (3) Filed in accordance with the pleading limitations, periods and other applicable provisions of [§§ 1.41 through 1.52](/cfr/47/1.41..1.52.md) of this chapter, except that such petitions must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of [part 1](/cfr/47/part1.md), [subpart Y](/cfr/47/subpartY.md), of this chapter;
  - (4) Contain specific allegations of fact (except for those of which official notice may be taken) to support the specific relief requested, which shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party of interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest; and
  - (5) Contain a certificate of service showing that it has been mailed to the applicant no later than the date the pleading is filed with the Commission.
- (b) The Commission will classify as informal objections:
  - (1) Any pleading not filed in accordance with [paragraph (a)](#a) of this section;
  - (2) Any pleading to which the thirty (30) day public notice period of [§ 25.151](/cfr/47/25.151.md) does not apply; or
  - (3) Any objections to the grant of an application when the objections do not conform to either [paragraph (a)](#a) of this section or to other Commission rules and requirements.
- (c) Except for opposition to petitions to deny an application filed pursuant to [§ 25.220](/cfr/47/25.220.md), oppositions to petitions to deny an application or responses to comments and informal objections regarding an application may be filed within 10 days after the petition, comment, or objection is filed and must be in accordance with other applicable provisions of [§§ 1.41 through 1.52](/cfr/47/1.41..1.52.md) of this chapter, except that such oppositions must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of [part 1](/cfr/47/part1.md), [subpart Y](/cfr/47/subpartY.md), of this chapter.
- (d) Reply comments by a party that filed a petition to deny may be filed in response to pleadings filed pursuant to paragraph [(c)](#c) or [(e)](#e) of this section within 5 days after expiration of the time for filing oppositions unless the Commission extends the filing deadline and must be in accordance with other applicable provisions of [§§ 1.41 through 1.52](/cfr/47/1.41..1.52.md) of this chapter, except that such reply comments must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of [part 1](/cfr/47/part1.md), [subpart Y](/cfr/47/subpartY.md), of this chapter.
- (e) Within 30 days after a petition to deny an application filed pursuant to [§ 25.220](/cfr/47/25.220.md) is filed, the applicant may file an opposition to the petition and must file a statement with the Commission, either in conjunction with, or in lieu of, such opposition, explaining whether the applicant has resolved all outstanding issues raised by the petitioner. This statement and any conjoined opposition must be in accordance with the provisions of [§§ 1.41 through 1.52](/cfr/47/1.41..1.52.md) of this chapter applicable to oppositions to petitions to deny, except that such reply comments must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of [part 1](/cfr/47/part1.md), [subpart Y](/cfr/47/subpartY.md), of this chapter.

# §25.155. Mutually exclusive applications.

- (a) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful interference, or other practical reason, the grant of one or more other applications.
- (b) A license application for NGSO-like satellite operation, as defined in [§ 25.157(a)](/cfr/47/25.157.md?p=a), will be entitled to comparative consideration with one or more mutually exclusive applications only if the application is received by the Commission in a condition acceptable for filing by the “cut-off” date specified in a public notice.
- (c) A license application for GSO-like satellite operation, as defined in [§ 25.158(a)(1)](/cfr/47/25.158.md?p=a-1), will be entitled to comparative consideration with another application only if:
  - (1) The application is mutually exclusive with another application for GSO-like operation; and
  - (2) The application is received by the Commission in a condition acceptable for filing at the same millisecond as the other application.

# §25.156. Consideration of applications.

- (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) [Reserved]
- (c) Reconsideration or review of any final action taken by the Commission will be in accordance with [subpart A of part 1](/cfr/47/part1-subpartA.md) of this chapter.
- (d)
  - (1) Applications for NGSO-like satellite operation will be considered pursuant to the procedures set forth in [§ 25.157](/cfr/47/25.157.md), except as provided in § [25.157(b)](/cfr/47/25.157.md?p=b) or [(i)](/cfr/47/25.157.md?p=i), as appropriate.
  - (2) Applications for GSO-like satellite operation will be considered pursuant to the procedures set forth in [§ 25.158](/cfr/47/25.158.md), except as provided in [§ 25.158(a)(2)](/cfr/47/25.158.md?p=a-2).
  - (3) Applications for both NGSO-like satellite operation and GSO-like satellite operation in two or more service bands will be treated as separate applications for each service band, and each service band request will be considered pursuant to [§ 25.157](/cfr/47/25.157.md) or [§ 25.158](/cfr/47/25.158.md), as appropriate.
  - (4) Applications for feeder-link authority or inter-satellite link authority will be treated like an application separate from its associated service band. Each feeder-link request or inter-satellite link request will be considered pursuant to the procedure for applications for GSO-like operation or NGSO-like operation, as applicable.
  - (5) [Reserved]
  - (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.