[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Rules and Regulations]
[Pages 5924-5932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2081]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 95-117; FCC 96-425]
Satellite Application and Licensing Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission has adopted rules and policies to streamline
application and licensing requirements for satellite space and earth
stations under the Commission's rules regarding satellite
communications. Among other things, the Commission waives the
construction permit requirement for satellite space stations and
modifies the license term for temporary fixed earth stations and the
implementation period for Very Small Aperture Terminal (``VSAT'') earth
stations. The Report and Order amends minor modifications for earth
station and inclined orbit operations of space stations, and
application and licensing forms.
EFFECTIVE DATE: The adopted rule changes will become effective upon
approval by the Office of Management and Budget of the modified
information collection requirements, but no sooner than April 11, 1997.
When approval is received, the Federal Communications Commission will
publish a document announcing the effective date.
FOR FURTHER INFORMATION CONTACT: Tracey Weisler, International Bureau,
Satellite Policy Branch, (202) 418-0744; Frank Peace, International
Bureau, Satellite Engineering Branch, (202) 418-0730; Kathleen
Campbell, International Bureau, Satellite Policy Branch (202) 418-0753.
For additional information concerning the information collection
contained in this NPRM contact Dorothy Conway at (202) 418-0217, or via
the Internet at dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in IB Docket No. 95-117; FCC 96-425, adopted October 29, 1996
and released December 16, 1996. The complete text of this Report and
Order is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.
Washington, D.C., and also may be purchased from the Commission's copy
contractor, International Transcription Service, (202) 857-3800, 2100 M
Street, N.W., Suite 140, Washington, D.C. 20037.
This Report and Order contains modifications to approved
collections and will be submitted to the Office of Management and
Budget for review under Section 3507(d) of the Paperwork Reduction Act
(44 U.S.C. 3507(d)). For copies of the submissions contact Dorothy
Conway at (202) 418-0217 or access our fax on demand system at 202-418-
0177 from the handset on your fax machine and using the document
retrieval number 6000000. A copy of any comments filed with the Office
of Management and Budget should also be sent to the following address
at the Commission: Federal Communications Commission, Records
Management Division, Room 234, Paperwork Reduction Project, Washington,
D.C. 20554. For further information contact Judy Boley, (202) 418-0210.
Title: Streamlining the Commission's Rules and Regulations for
Satellite Application and Licensing Procedures.
Form No.: FCC Form 312.
Type of Review: Revision of existing collections.
Respondents: Businesses or other for profit, including small
businesses.
Number of Respondents: 1,275.
Estimated Time Per Response: The Commission estimates all
respondents will hire an attorney or legal assistant to complete the
form. The time to retain these services is 2 hours per respondent.
Total Annual Burden: 2,550 hours.
Estimated Costs Per Respondent: This includes the charges for
hiring an attorney, legal assistant, or engineer at $150 an hour to
complete the submissions. The estimated average time to complete the
Form 312 is 10 hours per response. The estimated average time to
complete space station submissions is 20 hours per response. The
estimated average time to complete the ASIA submission is 24 hours per
response. Earth station submissions: $1935. ($1500 for Form 312; $375
remainder of application; $60 for outside hire.) Space station
submissions: $4560 ($1500 for Form 312; $3000 for remainder of
submission; $60 for outside hire). ASIA submissions: $3,660 ($3,600 for
submission; $60 for outside hire). Fee amounts vary by type of service
and application. Total fee estimates for industry: $4,956,255.00. Needs
and Uses: In accordance with the Communications Act, the information
collected will be used by the Commission in evaluating applications
requesting authority to operate pursuant to Part 25 of the Commission's
rules. The information will be used to determine the legal, technical,
and financial ability of the applicants and will assist the Commission
in determining whether grant of such authorizations are in the public
interest.
Summary of Report and Order
1. In light of the evolving satellite technology, the Commission
commenced a review of its operations in order to eliminate outdated
regulations and unnecessary burdens that impede the introduction of
satellite services to the public and the efficient processing of
satellite applications and licenses. As a result of this review, the
Commission created the International Bureau. Soon after its creation,
the new International Bureau held a roundtable discussion in February
1995 with representatives of industry and members of the public to
solicit suggestions on ways to improve satellite application and
licensing policies and procedures. Many of the recommendations made
during that roundtable discussion were incorporated in Notice of
Proposed Rulemaking to streamline satellite licensing procedures.
Notice of Proposed Rulemaking, 60 FR 46252, September 9, 1995.
2. The Report and Order amends or eliminates existing requirements,
and codifies in Part 25 of the Commission's rules, various technical
and procedural policies and guidelines that have not yet been
specifically codified. Among other things, the Commission waives the
construction permit requirement for
[[Page 5925]]
satellite space stations; increases the license term, from one year to
ten years, for temporary fixed earth stations operating in the C-band;
eliminates the four year implementation period for VSATs allowing VSAT
licensees to construct their network over the course of their ten year
license term; eliminates the annual reporting requirement for VSATs;
simplifies the earth and space station application process by revising
and consolidating FCC Forms 430, 493, 702, and 704; eliminates
redundant reporting requirements for earth and space stations; allows
earth station operators to make minor technical modifications to their
stations without prior authorization from the Commission; and allows
satellites to operate in inclined orbits without prior authorization
from the Commission.
3. Given the large outlay of capital and long-term planning
necessary to establish satellite systems, it is necessary to ensure
that potential applicants and service providers are not hampered by
unnecessary and sometimes redundant regulations. This action by the
Commission recognizes the need of the satellite industry to operate in
an environment defined by growth, innovation, efficiency, and
competition.
Ordering Clauses
4. Accordingly, it is ordered that Part 25 of the Commission's
rules, 47 CFR Part 25, the Commission's forms, and the Commission's
policies are amended as specified in this Report and Order.
5. It is further ordered that the amendments to Part 25 of the
Commission's rules, 47 CFR Part 25, the Commission's forms and the
Commission's policies as specified in this Report and Order will become
effective upon approval by the Office of Management and Budget of the
revised information collection requirements adopted herein, but no
sooner than April 11, 1997. This action is taken pursuant to Sections 4
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
154, 303(r), and Section 201(c) of the Communications Satellite Act of
1962, 47 U.S.C. 721(c).
Final Regulatory Flexibility Analysis
6. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603 (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (NPRM) in IB Docket
95-117. Written comments on the proposals in the Notice, including the
Initial Regulatory Flexibility Analysis, were requested. The
Commission's Final Regulatory Flexibility Analysis (FRFA) in this
Report and Order conforms to the RFA, as amended by the contract With
America Advancement Act of 1996 (CWAAA), Public Law 104-121, 110 Stat.
847 (1996). 1
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\1\ Subtitle II of the CWAAA is ``The Small Business Regulatory
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.
601 et seq.
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7. The Regulatory Flexibility Act (RFA), first enacted in 1980,
recognizes that the size of a business or organization has a bearing on
its ability to comply with federal regulations and forces the
government to ensure that their regulations do not unduly inhibit the
ability of small businesses to compete. 2
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\2\ See ``A Guide to the Regulatory Flexibility Act'' (U.S.
Small Business Administration) May 1996.
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I. Need for and Objectives of the Rules
8. With this Report and Order the Commission eliminates a number of
application and licensing requirements for satellite and earth stations
under Part 25 of our rules. The last substantial review of our
satellite regulations occurred in the late 1980's. Much has changed in
the industry since then, necessitating a modification of Part 25 of our
rules.
9. In this proceeding, the Commission adopts rule changes and
deletions that promote efficiency and innovation in the licensing and
use of the electromagnetic spectrum. These modified rules reflect the
changing nature of the satellite industry and remove unnecessary
regulatory burdens from large and small service providers.
10. The Commission's objective is to identify and eliminate
outdated and cumbersome regulations, to reduce unnecessary paperwork,
and to increase efficiency in this market which is expected to grow,
worldwide, from $13.8 to $37 billion in revenue by the year 2000.3
This objective is consistent with the Commission's continuing effort to
review and revise, as necessary, its rules. In addition, we expect
these rule changes to aid in the development of competitive and
innovative telecommunications systems.
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\3\ Source: A.T. Kearny, Industry Reports.
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II. Summary of Significant Issues Raised by the Public Comments in
Response to the IRFA
11. No comments were received in direct response to the Initial
Regulatory Analysis. However, a cross section of satellite industry
members, including two self-identified small entities, CTA Incorporated
(CTA) and Orion Network Systems, Inc. (Orion), filed comments to the
NPRM and, in general, strongly supported the proposed changes.
III. Description and Estimate of the Number of Small Entities To Which
Rule Will Apply
12. The Commission has not developed a definition of small entities
relevant to satellite services licensees. Therefore the applicable
definition of small entity in the satellite services industry is the
definition under the Small Business Administration (SBA) rules
applicable to Communications Services ``Not Elsewhere Classified.''
4 This definition provides that a small entity is expressed as one
with $11 million or less in annual receipts. According to Census Bureau
data, there are 848 firms that fall under the category of
Communications Services, Not Elsewhere Classified. Of those,
approximately 775 reported annual receipts of $11 million or less and
qualify as small entities.5 The Census Bureau category is very
broad and commercial satellite services constitute only a subset of its
total.
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\4\ 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
\5\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992
Census of Transportation, Communications, and Utilities, UC92-S-1,
Subject Series, Establishment and Firm Size, Table 2D, Employment
Size of Firms: 1992, SIC Code 4899 (issued May 1995).
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13. Describing and estimating the number of small entities these
rules will impact is made difficult by a number of factors. First of
all, information from the Satellite Industry Association and financial
analysts who specialize in this market indicate there are few firms
that could be traditionally thought of as small businesses. They point
to the fact that this is a capital intensive industry that requires
``significant partner funding and/or contract commitments prior to
approaching commercial financing sources.'' 6 In addition,
estimates of employment in the commercial satellite service industry,
another measure of small business status, can vary widely.7
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\6\ See ``Financing the Final Frontier: Funding Commercial Space
Activities'' Bear Stearns, Global Space & Satellite Finance Report.
\7\ American Mobile Satellite Corp. is reported to have 45
employees by the Satellite Industry Association; 317 employees by
Satellite Industry Analyst ``BZW''.
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14. There are, however, a number of firms who identify themselves
as small entities including: Columbia Communications Corp., CTA, Mobile
Communications Holdings, Inc. (MCHI), Orion, TelQuest Ventures, L.L.C.,
and possibly others. Several of these companies have submitted comments
to the Commission's Section 257 proceeding to identify and eliminate
market entry barriers for small
[[Page 5926]]
business 8 and as previously noted, two of these firms filed
comments in this proceeding.
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\8\ GN Docket 96-113.
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15. While no reliable estimate exists of the number of small
businesses to which these rule changes will apply, to the extent that a
business could be identified as a small entity, we believe that these
proposed rules will have a positive effect on their ability to compete
in this business sector by eliminating unnecessary regulatory burdens
and constraints.
IV. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
16. The proposed rules will eliminate the need for the filing of
approximately thirty-six space station construction permits; fifteen
319(d) waiver requests; five Mobile Satellite Station (MSS) earth
station construction permits; six STAs and two modification
applications for operation of space stations in inclined orbit, 400
license renewals for temporary fixed earth stations, 25 applications
for extension of time to complete construction of a Very Small Aperture
Terminal (VSAT) network, and 300 applications for minor modification
annually.
17. In addition, the proposed rules would consolidate the satellite
application information currently collected from Forms 702, 704, 493
and 430 into a single form. This streamlines the Commission's satellite
application and licensing procedures, making the entire process more
user-friendly and allowing for faster provision of service to end
users. In addition to the new, consolidated, Form 312, this item lays
the groundwork for the eventual development of an electronic filing
system that will streamline and automate processing further.
18. The Commission also plans to make technical databases,
software, and other data available on the Internet as well as through
the International Bureau reference room. These actions should
significantly reduce the cost of compliance, specifically in the areas
of staff time, recordkeeping, regulatory and legal fees.
V. Significant Alternatives and Steps Taken By Agency to Minimize
Significant Economic Impact on a Substantial Number of Small Entities
Consistent With Stated Objectives
19. The Commission considered all alternatives submitted by
commenters. We accepted those that lead to simplification,
clarification and streamlining of the rules. We rejected those
inconsistent with streamlining objectives. For instance we rejected
Loral Qualcomm's suggestion that we defer action on waiver of
construction permit requirements.9 The elimination of the
construction permit waiver was strongly supported by CTA, who urged the
Commission ``to move forward expeditiously with the elimination of the
construction permit requirement.'' 10 We agreed with CTA and
others that this action will reduce delay and increase flexibility for
all entities.
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\9\ Comments of Loral Qualcomm at p. 3.
\10\ CTA reply comments at p. 2.
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20. Other actions proposed in this proceeding seek to reduce
industry costs and minimize negative economic impacts and will benefit
the efforts of any small businesses who may currently be operating in
this industry or those who seek to enter. Indeed, since the Report and
Order significantly reduce administrative, regulatory and paperwork
burdens these rule changes will have a positive effect on small
entities and supports our objective to eliminate outdated and
cumbersome regulations, reduce unnecessary paperwork, and increase
efficiency in the satellite services market.
21. We proposed a number of rule changes that could prove
beneficial to any identifiable small entity or entrepreneurs providing
satellite services. These actions not only reduce administrative
burdens but also they provide businesses with increased flexibility in
their operations and are consistent with our public interest mandate
under the Communications Act.
22. For instance, as previously noted, we will eliminate the
construction permit requirement. This, in turn, will diminish the
administrative burdens on applicants and the potential delays
associated with the processing of construction permit applications and
requests for Section 319(d) waivers. We rejected suggestions to delay
implementation of this policy and suggestions to require notice that
construction had begun. The construction waiver will allow companies to
move forward with business plans at their own risk.
23. We will increase the license renewal term for C-band
transportables. This allows applicants to engage in long-term business
planning and reduces the administrative and regulatory burdens
associated with processing license renewals and could provide
significant benefits to small entities.
24. We will eliminate the requirements that a VSAT applicant
complete construction of its network within forty eight months of the
date we grant, and instead, permit VSAT licensees to complete
construction over the course of their ten-year license term. As with
the extended license renewal term for C-band, the extended construction
term will serve small entities and entrepreneurs because it allows
greater flexibility in financial and construction planning.
25. We will allow licensees making minor modifications to simply
notify us by letter within thirty days after the modifications are
completed--eliminating the need to gain prior authorization from the
Commission.
26. We will eliminate unnecessary and redundant requirements for
space station applications including ``estimated annual revenue
requirements.'' Deleting this requirement eliminates controversy
surrounding confidentiality of sensitive business information and will
reduce the number of petitions for confidentiality filed with the
Commission and the associated labor hours and legal fees.
27. We will eliminate the bandwidth limitation for digital VSAT
carriers and will not impose bandwidth limitations on other carriers. A
change supported by another self-identified small entity--Orion.11
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\11\ Comments of Orion at p. 4.
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28. We will adopt ASIA (Adjacent Satellite Interference Analysis),
a widely used computer database as the standard program for analyzing
interference with regard to earth station applications. This database
will be made available via the Internet and the International Bureau
reference room.
29. Orion expressed concern in their comments that the ASIA
database has not proven to be the industry standard and that reporting
requirements ``could impinge upon the proprietary interests of various
satellite operators.'' 12 In response we noted that in 1985, the
Reduced Orbital Spacings Advisory Committee, comprised of both
government and industry representatives, pronounced ASIA as the
generally accepted procedure for calculating adjacent satellite
interference.13 In order to protect proprietary information we
plan to present the database information on an aggregate basis. This
will allow the Commission to increase public accessibility of
information while maintaining transparent regulatory functions.
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\12\ Comments of Orion at p. 5.
\13\ See Supra at N66.
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[[Page 5927]]
30. We believe that the rules, as modified by this Report and
Order, reflect the minimum requirements necessary to carry out our
duties under the Communications Act and other Federal statutes
including the Regulatory Flexibility Act. We will, however, in the
future continue to consider alternatives with the objective of
eliminating unnecessary regulations and minimizing economic impact on
small businesses.
VI. Commission's Outreach Efforts to Learn of and Respond to the Views
of Small Entities Pursuant to 5 U.S.C. 609
31. This rulemaking reflects a new, collaborative, approach to
reinventing the classic regulatory structure. Prior to issuing the
Notice in this proceeding and this Report and Order, Commission staff
worked closely with interested industry members to analyze in detail
each administrative and technical aspect of the FCC's Part 25 rules
governing satellite application and licensing procedures.
32. Beginning in 1994 the International Bureau has held a series of
roundtable discussions with industry and the public and issued public
notices soliciting ideas for streamlining licensing. All entities and
interested parties were invited to participate and a number of
initiatives, including this proceeding resulted. Indeed, through our
``Open Skies'' policy, the FCC seeks to encourage new players by
allowing any business, regardless of size, who has a plan and the
ability to implement the plan, a fair chance to succeed in the
satellite service market.
VII. Report to Congress
33. The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with this Report and Order, to Congress
pursuant to the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 25
Communications common carriers, Reporting and recordkeeping
requirements, Satellites.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 25 of the Commission's Rules and Regulations (Chapter I of
Title 47 of the Code of Federal Regulations) is amended as follows:
PART 25--SATELLITE COMMUNICATIONS
1. The authority citation for Part 25 continues to read as follows:
Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat.
1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104,
76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.
2. Section 25.113 is amended by revising the section heading and
paragraphs (a), (b), and (f) and adding new paragraph (g) to read as
follows:
Sec. 25.113 Construction permits, station licenses, launch authority.
(a) Except as provided in paragraph (b) of this section or in
Sec. 25.131, construction permits must be obtained for all fixed,
temporary fixed or mobile earth stations governed by this part.
Simultaneous application for a construction permit and station license
may be made for all earth station facilities governed by this part.
(b) Construction permits are not required for fixed, temporary
fixed or mobile satellite earth stations that operate with INTELSAT or
INMARSAT space stations or for fixed, temporary fixed or mobile earth
stations that operate with U.S.-licensed space stations. Construction
of such stations may commence prior to grant of a license at the
applicant's own risk. Applicants must comply with the provisions of 47
CFR 1.1312 relating to environmental processing prior to commencing
construction.
* * * * *
(f) Construction permits are not required for U.S.-licensed space
stations. Construction of such stations may commence, at the
applicant's own risk, prior to grant of a license. Prior to commencing
construction, however, applicants must notify the Commission in writing
that they plan to begin construction at their own risk.
(g) A launch authorization and station license (i.e., operating
authority) must be applied for and granted before a space station may
be launched and operated in orbit. Request for launch authorization may
be included in an application for space station license. However, an
application for authority to launch and operate an on-ground spare
satellite will be considered to be a newly filed application for cut-
off purposes, except where the space station to be launched is
determined to be an emergency replacement for a previously authorized
space station that has been lost as a result of a launch failure or a
catastrophic in-orbit failure.
3. Section 25.114 is revised as to read as follows:
Sec. 25.114 Applications for space station authorizations.
(a) A comprehensive proposal shall be submitted for each proposed
space station on FCC Form 312, Main Form, together along with attached
exhibits as described in paragraph (c) of this section. If an applicant
is proposing more than one space station, information common to all
space stations may be submitted in a consolidated system proposal.
(b) Each application for a new or modified space station
authorization must constitute a concrete proposal for Commission
evaluation, although the applicant may propose alternatives that
increase flexibility in accommodating the satellite in orbit. Each
application must also contain the formal waiver required by Section 304
of the Communications Act, 47 U.S.C. 304. The technical information for
a proposed satellite system need not be filed on any prescribed form
but should be complete in all pertinent details. The format of the
applications should conform to the specifications of Sec. 1.49 of this
chapter.
(c) The following information in narrative form shall be contained
in each application:
(1) Name, address, and telephone number of the applicant;
(2) Name, address, and telephone number of the person(s), including
counsel, to whom inquiries or correspondence should be directed;
(3) Type of authorization requested (e.g., launch authority,
station license, modification of authorization);
(4) General description of overall system facilities, operations
and services;
(5) Radio frequencies and polarization plan (including beacon,
telemetry, and telecommand functions), center frequency and
polarization of transponders (both receiving and transmitting
frequencies), emission designators and allocated bandwidth of emission,
final amplifier output power (identify any net losses between output of
final amplifier and input of antenna and specify the maximum EIRP for
each antenna beam), identification of which antenna beams are connected
or switchable to each transponder and TT&C function, receiving system
noise temperature, the relationship between satellite receive antenna
gain pattern and gain-to-temperature ratio and saturation flux density
for each antenna beam (may be indicated on antenna gain plot), the gain
of each transponder channel (between output of receiving antenna and
input of transmitting antenna) including any adjustable gain step
capabilities, and predicted receiver
[[Page 5928]]
and transmitter channel filter response characteristics;
(6)(i) For satellites in geostationary-satellite orbit, orbital
location, or locations if alternatives are proposed, requested for the
satellite, the factors that support such an orbital assignment, the
range of orbital locations from which adequate service can be provided
and the basis for determining that range of orbital locations, and a
detailed explanation of all factors that would limit the orbital arc
over which the satellite could adequately serve its expected users;
(ii) For satellites in non-geostationary-satellite orbits, the
number of space stations and applicable information relating to the
number of orbital planes, the inclination of the orbital plane(s), the
orbital period, the apogee, the perigee, the argument(s) of perigee,
active service arc(s), and right ascension of the ascending node(s);
and
(iii) For 1.6/2.4 GHz Mobile-Satellite Service space stations, the
feeder link frequencies requested for the satellite, together with the
demonstration required by Sec. 25.203 (j) and (k);
(7) Predicted space station antenna gain contour(s) for each
transmit and each receive antenna beam and nominal orbital location
requested. These contour(s) should be plotted on an area map at 2 dB
intervals down to 10 dB below the peak value of the parameter and at 5
dB intervals between 10 dB and 20 dB below the peak values, with the
peak value and sense of polarization clearly specified on each plotted
contour;
(8) A description of the types of services to be provided, and the
areas to be served, including a description of the transmission
characteristics and performance objectives for each type of proposed
service, details of the link noise budget, typical or baseline earth
station parameters, modulation parameters, and overall link performance
analysis (including an analysis of the effects of each contributing
noise and interference source);
(9) For satellites in geostationary-satellite orbit, accuracy with
which the orbital inclination, the antenna axis attitude, and
longitudinal drift will be maintained;
(10) Calculation of power flux density levels within each coverage
area and of the energy dispersal, if any, needed for compliance with
Sec. 25.208;
(11) Arrangement for tracking, telemetry, and control;
(12) Physical characteristics of the space station including weight
and dimensions of spacecraft, detailed mass (on ground and in-orbit)
and power (beginning and end of life) budgets, and estimated
operational lifetime and reliability of the space station and the basis
for that estimate;
(13) Detailed information demonstrating the financial
qualifications of the applicant to construct and launch the proposed
satellites. Applications shall provide the financial information
required by Sec. 25.140 (b) through (e), Sec. 25.142(a)(4), or
Sec. 25.143(b)(3), as appropriate;
(14) A clear and detailed statement of whether the space station is
to be operated on a common carrier basis, or whether non-common carrier
transactions are proposed. If non-common carrier transactions are
proposed, describe the nature of the transactions and specify the
number of transponders to be offered on a non-common carrier basis;
(15) Dates by which construction will be commenced and completed,
launch date, and estimated date of placement into service;
(16) Public interest considerations in support of grant;
(17) Applications for authorizations for domestic fixed-satellite
space stations shall also include the information specified in
Sec. 25.140;
(18) Applications for authorizations in the Radiodetermination
Satellite Service shall also include the information specified in
Sec. 25.141;
(19) Applications for authorizations in the Mobile-Satellite
Service in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also
provide all information necessary to comply with the policies and
procedures set forth in Rules and Policies Pertaining to the Use of
Radio Frequencies in a Land Mobile Satellite Service, 2 FCC Rcd 485
(1987) (Available at address in Sec. 0.445 of this chapter.);
(20) Applications to license multiple space station systems in the
non-voice, non-geostationary mobile-satellite service under blanket
operating authority shall also provide all information specified in
Sec. 25.142; and
(21) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in
Sec. 25.143.
(d) Applicants requesting authority to launch and operate a system
comprised of technically identical, non-geostationary satellite orbit
space stations may file a single ``blanket'' application containing the
information specified in paragraph (c) of this section for each
representative space station.
4. Section 25.115 is revised to read as follows:
Sec. 25.115 Application for earth station authorizations.
(a) Transmitting earth stations. Except as provided under
Sec. 25.113(b), Commission authorization must be obtained for authority
to construct and/or operate a transmitting earth station. Applications
shall be filed on FCC Form 312, Main Form and Schedule B, and include
the information specified in Sec. 25.130.
(b) Receive-only earth stations. Applications to license or
register receive only earth stations shall be filed on FCC Form 312,
Main Form and Schedule B, and conform to the provisions of Sec. 25.131.
(c) Large Networks of Small Antennas operating in the 12/14 GHz
bands with U.S. satellites for domestic services. Applications to
license small antenna network systems operating in the 12/14 GHz
frequency band under blanket operating authority shall be filed on FCC
Form 312, Main Form and Schedule B, for each large (5 meters or larger)
hub station, and Schedule B for each representative type of small
antenna (less than 5 meters) operating within the network.
(d) User transceivers in the NVNG and 1.6/2.4 GHz Mobile-Satellite
Service need not be individually licensed. Service vendors may file
blanket applications for transceivers units using FCC Form 312, Main
Form and Schedule B, and specifying the number of units to be covered
by the blanket license. Each application for a blanket license under
this section shall include the information described in Sec. 25.135.
5. Section 25.117 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 25.117 Modification of station license.
(a) Except as provided for in Sec. 25.118 (Modifications not
requiring prior authorization), no modification of a radio station
governed by this part which affects the parameters or terms and
conditions of the station authorization shall be made except upon
application to and grant of such application by the Commission. No
license modification will be required if the licensee seeks to access
another U.S.-licensed fixed satellite provided:
* * * * *
6. Sections 25.118 through 25.120 are redesignated as Secs. 25.119
through 25.121 and a new Sec. 25.118 is added to read as follows:
Sec. 25.118 Modifications not requiring prior authorization.
(a) Equipment in an authorized earth station may be replaced
without prior authorization or prior notification if the
[[Page 5929]]
new equipment is electrically identical to the existing equipment.
Licensees must notify the Commission using FCC Form 312, Main Form,
within 30 days after the new equipment is installed.
(b) A licensee providing service on a private carrier basis may
change its operations to common carrier status without obtaining prior
Commission authorization. The licensee must notify the Commission using
Form 312 within 30 days after the completed change to common carrier
status.
(c) Licensees may make changes to their authorized earth stations
without obtaining prior Commission authorization if frequency
coordination procedures, as necessary, are complied with in accordance
with Sec. 25.251, and the modification does not involve:
(1) An increase in EIRP or EIRP density (both main lobe and side
lobe);
(2) An increase in transmitted power;
(3) A change in coordinates of more than 1 second for stations
operating in C-Band or 10.95 to 11.7 GHz;
(4) A change in coordinates of 10 seconds or greater for stations
operating in Ku-band; or
(5) An addition to an antenna facility, including hub earth
stations and remote terminals, that is already licensed, except for
VSAT remote terminals.
(d) Licensees must notify the Commission using FCC Form 312 within
30 days after the modification is completed.
7. In newly redesignated Sec. 25.119, paragraphs (c), (d) and (f)
are revised to read as follows:
Sec. 25.119 Assignment or transfer of control of station
authorization.
* * * * *
(c) Assignment of license. FCC Form 312, Main Form and Schedule A,
shall be submitted to assign voluntarily (as by, for example, contract
or other agreement) or involuntarily (as by, for example, death,
bankruptcy, or legal disability) the station authorization. In the case
of involuntary assignment, the application should be filed within 10
days of the event causing the assignment. FCC Form 312, Main Form, and
Schedule A shall also be used for non-substantial (pro forma)
assignments.
(d) Transfer of control of corporation holding license. FCC Form
312, Main Form and Schedule A, shall be submitted in order to transfer
voluntarily or involuntarily (de jure or de facto) control of a
corporation holding any licenses. In the case of involuntary transfer
of control, the applications should be filed within 10 days of the
event causing the transfer of control. FCC Form 312, Main Form and
Schedule A shall also be used for non-substantial (pro forma) transfers
of control.
* * * * *
(f) Assignments and transfers of control shall be completed within
60 days from the date of authorization. Within 30 days of consummation,
the Commission shall be notified by letter of the date of consummation
and the file numbers of the applications involved in the transaction.
8. In newly redesignated Sec. 25.120, the last sentence of
paragraph (a) is revised to read as follows:
Sec. 25.120 Application for special temporary authorization.
(a) * * * A copy of the request for special temporary authority
also shall be forwarded to the Commission's Columbia Operations Center
in Columbia, Maryland.
* * * * *
9. In newly redesignated Sec. 25.121, paragraph (a) is revised to
read as follows:
Sec. 25.121 License term and renewals.
(a) License term. Licenses for facilities governed by this part
will be issued for a period of 10 years.
* * * * *
10. Section 25.130 is amended by revising paragraph (a) to read as
follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
(a) Application for a new or modified transmitting earth station
facility shall be submitted on FCC Form 312, Main Form and Schedule B,
accompanied by any required exhibits.
* * * * *
11. Section 25.131 is amended by revising paragraphs (a), (d), and
(j) to read as follows:
Sec. 25.131 Filing requirements for receive-only earth stations.
(a) Except as provided in paragraphs (b) and (j) of this section,
applications for a license for a receive-only earth station shall be
submitted on FCC Form 312, Main Form and Schedule B, accompanied by any
required exhibits.
* * * * *
(d) Applications for registration shall be filed on FCC Form 312,
Main Form and Schedule B, accompanied by the coordination exhibit
required by Sec. 25.203, and any other required exhibits. Any
application that is deficient or incomplete in any respect shall be
immediately returned to the applicant without processing.
* * * * *
(j) Receive-only earth stations operating with INTELSAT space
stations, or U.S.-licensed and non-U.S. space stations for reception of
services from other countries; shall file an FCC Form 312, Main Form
and Schedule B, requesting a license for such station. Receive-only
earth stations used to receive INTELNET I services from INTELSAT space
stations need not file for licenses. See Deregulation of Receive-Only
Satellite Earth Stations Operating with the INTELSAT Global
Communications Satellite System, Declaratory Ruling, RM No. 4845, FCC
86-214 (released May 19, 1986).
12. Section 25.134 is amended by revising the first sentences of
paragraphs (a) and (b) and adding paragraph (d) to read as follows:
Sec. 25.134 Licensing Provisions of Very Small Aperture Terminal
(VSAT) Networks.
(a) All applications for digital VSAT networks with a maximum
outbound downlink EIRP density of +6.0 dBW/4 kHz per carrier and earth
station antennas with maximum input power density of -14 dBW/4 kHz and
maximum hub EIRP of 78.3 dBW will be processed routinely. * * *
(b) Each applicant for digital and/or analog VSAT network
authorization proposing to use transmitted satellite carrier EIRP
densities in excess of +6.0 dBW/4 kHz and +13.0 dBW/4 kHz,
respectively, and/or maximum antenna input power densities of -14.0
dBW/4 kHz and maximum hub EIRPs of 78.3 dBW and -8.0 dBW/ 4 kHz per
carrier, respectively, shall conduct an engineering analysis using the
Sharp, Adjacent Satellite Interference Analysis (ASIA) program. * * *
* * * * *
(d) An application for VSAT authorization shall be filed on FCC
Form 312, Main Form and Schedule B. A VSAT licensee applying to renew
its license must include on FCC Form 405, the number of constructed
VSAT units in its network.
13. Section 25.140 is revised to read as follows:
Sec. 25.140 Qualifications of fixed-satellite space station licensees.
(a) New fixed-satellites shall comply with the requirements
established in Report and Order, CC Docket No. 81-704 (available at
address in Sec. 0.445 of this chapter.) Applications must also meet the
requirements in paragraphs (b) through (d) of this section. The
Commission may require additional or different information in the case
of any individual application. Applications will be unacceptable for
filing and will be returned to the applicant if they do not meet the
requirements referred to in this paragraph.
[[Page 5930]]
(b) Each applicant for a space station authorization in the fixed-
satellite service must demonstrate, on the basis of the documentation
contained in its application, that it is legally, financially,
technically, and otherwise qualified to proceed expeditiously with the
construction, launch and/or operation of each proposed space station
facility immediately upon grant of the requested authorization. Each
applicant must provide the following information:
(1) The information specified in Sec. 25.114;
(2) An interference analysis to demonstrate the compatibility of
its proposed system 2 degrees from any authorized space station. An
applicant should provide details of its proposed r.f. carriers which it
believes should be taken into account in this analysis. At a minimum,
the applicant must include, for each type of r.f. carrier, the link
noise budget, modulation parameters, and overall link performance
analysis. (See, e.g., appendices B and C to Licensing of Space Stations
in the Domestic Fixed-Satellite Service (available at address in
Sec. 0.445 of this chapter));
(3) The estimated costs of proposed construction and/or launch, and
any other initial expenses for the space station(s); and
(4) Estimated operating expenses for one year after launch of the
proposed space station(s).
(c) Each application for authority to construct and/or launch and
operate a space station shall demonstrate the applicant's current
financial ability to meet the costs specified in paragraphs (b)(3) and
(b)(4) of this section by submitting the following financial
information verified by affidavit:
(1) A balance sheet current for the latest fiscal year and
documentation of any financial commitments reflected in the balance
sheet (such as, for example, loan agreements and service contracts)
together with an exhibit demonstrating that the applicant has current
assets and operating income sufficient to meet the costs specified in
paragraphs (b)(3) and (b)(4) of this section. If the applicant is owned
by more than one corporate parent, it must submit evidence of a
commitment to the proposed satellite program by management of the
corporate parent upon whom it is relying for financial resources;
(2) If the submissions of paragraph (c)(1) of this section do not
reflect sufficient financial resources to meet the costs specified in
paragraphs (b)(3) and (b)(4) of this section, the applicant shall
submit additional information as listed below:
(i) The terms of any fully negotiated loan or other form of credit
arrangement intended to be used to finance the proposed construction,
acquisition, or operation of the requested facilities including such
information as the identity of the creditor (or creditors), the amount
committed, letters of commitment, detailed terms of the transaction,
including the details of any contingencies, and a statement that the
applicant complies with paragraph (d) of this section;
(ii) The terms of any fully negotiated sale or placement of any
equity or other form of ownership interest, including the sale, or
long-term lease for the lifetime of the satellite, of proposed
satellite transponder capacity in the level of detail as specified in
paragraph (c)(2)(i) of this section;
(iii) The terms of any grant or other external funding commitment
intended to be used to finance the proposed construction, acquisition,
or operation of the requested facilities, including such information as
the identity of the grantor(s), the amount committed, letters of
commitment, and detailed terms of the transaction, including the
details of any contingencies; or
(iv) Any financing arrangements contingent on further performance
by either party, such as marketing of satellite capacity or raising
additional financing, will not be considered in evaluating an
applicant's financial qualifications; and
(3) Whatever other information or details the Commission may
require with regard to a specific application or applicant.
(d) Any loan or other credit arrangement providing for a chattel
mortgage or secured interest in any proposed facility must include a
provision for a minimum of ten (10) days prior written notification to
the licensee or permittee, and to the Commission, before any such
equipment may be repossessed under any default provision of the
agreement.
(e) An applicant found to be qualified pursuant to this section may
be initially assigned up to two orbital locations in each pair of
frequency bands proposed. Authorizations to construct ground spares are
at the applicant's risk that launch authorization will not be granted
by the Commission.
(f) Each applicant found to be qualified pursuant to this section
may be assigned no more than one additional orbital location beyond its
current authorizations in each frequency band in which it is authorized
to operate, provided that its in-orbit satellites are essentially
filled and that it has no more than two unused orbital locations for
previously authorized but unlaunched satellites in that band.
(g) In the event that one or more applications satisfying the
requirements of this section are ready for grant, any orbital location
occupied by a satellite that is determined to be a part of a system
that is not essentially filled may be cancelled and collocation of in-
orbit satellites may be required. The Commission may take this action
if, in so doing, it would allow the grant of pending applications that
satisfy the requirements of this section. If a cancellation is made,
the licensee will be afforded a period of 30 days to notify the
Commission which of its assigned locations should be cancelled.
14. Section 25.141 is amended by revising paragraph (c) to read as
follows:
Sec. 25.141 Licensing provisions for the radiodetermination satellite
service.
* * * * *
(c) User transceivers. Individual user transceivers will not be
licensed. Service vendors may file blanket applications for transceiver
units using FCC Form 312, Main Form and Schedule B, and specifying the
number of units to be covered by the blanket license. Each application
must demonstrate that transceiver operations will not cause
interference to other users of the spectrum.
* * * * *
15. Section 25.142 is amended by revising the introductory text of
paragraph (c) to read as follows:
Sec. 25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
* * * * *
(c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of
each year, file a report with the International Bureau and the
Commission's Columbia Operations Center in Columbia, Maryland,
containing the following information current as of May 31st of that
year:
* * * * *
16. Section 25.143 is amended by revising paragraph (e)(1) to read
as follows:
Sec. 25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite
Service.
* * * * *
(e) Reporting requirements. (1) All operators of 1.6/2.4 GHz
mobile-satellite systems shall, on June 30 of each year, file with the
International Bureau and the Commission's Columbia Operations Center,
Columbia, Maryland, a report
[[Page 5931]]
containing the following information current as of May 31st of that
year:
* * * * *
17. Section 25.155 is amended by revising paragraph (b) to read as
follows:
Sec. 25.155 Mutually exclusive applications.
* * * * *
(b) A space station application will be entitled to comparative
consideration with one or more conflicting applications only if:
(1) The application is mutually exclusive with another application;
and
(2) The application is received by the Commission in a condition
acceptable for filing by the ``cut-off'' date specified in a public
notice.
18. Section 25.210 is amended by revising the introductory text of
paragraph (j) and revising paragraph (j)(3), to read as follows:
Sec. 25.210 Technical requirements for space stations in the Fixed-
Satellite Service.
* * * * *
(j) All operators of space stations shall, on June 30 of each year,
file a report with the International Bureau and the Commission's
Columbia Operations Center in Columbia, Maryland, containing the
following information current as of May 31st of that year:
* * * * *
(3) A detailed description of the utilization made of each
transponder on each of the in-orbit satellites. This description should
identify the total capacity or the percentage of time each transponder
is actually used for transmission, and the amount of unused system
capacity in the transponder. This information is not required for those
transponders that are sold on a non-common carrier basis. In that case,
operators should indicate the number of transponders sold on each in-
satellite orbit.
* * * * *
19. Section 25.211 is amended by revising the section heading and
adding paragraph (d), to read as follows:
Sec. 25.211 Video Transmissions in the Fixed-Satellite Service.
* * * * *
(d) In the 6 GHz band, an earth station with an equivalent diameter
of 9 meters or smaller may be routinely licensed for transmission of
full transponder services if the maximum power into the antenna does
not exceed 450 watts (26.5 dBW). In the 14 GHz band, an earth station
with an equivalent diameter of 5 meters or smaller may be routinely
licensed for transmission of full transponder services if the maximum
power into the antenna does not exceed 500 watts (27 dBW).
20. Section 25.212 is amended by adding paragraphs (c) and (d), to
read as follows:
Sec. 25.212 Narrowband transmissions in the Fixed-Satellite Service.
* * * * *
(c) In the 14 GHz band, an earth station with an equivalent
diameter of 1.2 meters or greater may be routinely licensed for
transmission of narrowband analog services with bandwidths up to 200
kHz if the maximum input power density into the antenna does not exceed
-8 dBW/4 kHz and the maximum transmitted satellite carrier EIRP density
does not exceed 13 dBW/4 kHz, and for transmission of narrowband and/or
wideband digital services, if the maximum input power density into the
antenna does not exceed -14 dBW/4 kHz and the maximum transmitted
satellite carrier EIRP density does not exceed +6.0 dBW/kHz.
(d) In the 6 GHz band, an earth station with an equivalent diameter
of 4.5 meters or greater may be routinely licensed for transmission of
SCPC services if the maximum power densities into the antenna do not
exceed +0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to
200 kHz, and do not exceed -2.7 dBW/4 kHz for narrow and/or wideband
digital SCPC carriers.
21. Section 25.251 is revised to read as follows:
Sec. 25.251 Special requirements for coordination.
(a) The administrative aspects of the coordination process are set
forth in Secs. 21.100(d) and 21.706 (c) and (d) of this chapter in the
case of coordination of terrestrial stations with earth stations, and
in Sec. 25.203 in the case of coordination of earth stations with
terrestrial stations.
(b) The technical aspects of coordination are based on Appendix 28
of the International Telecommunications Union Radio Regulations and
certain recommendations of the ITU Radiocommunication Sector (``ITU-
R'') (available at the International Bureau Reference Center, Room 102,
2000 M Street, NW., Washington, DC 20554.).
Secs. 25.252 through 25.256 [Removed]
22. Sections 25.252 through 25.256 are removed.
23. Section 25.272 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 25.272 General inter-system coordination procedures.
* * * * *
(b) Each space station licensee shall maintain on file with the
Commission and with its Columbia Operations Center in Columbia,
Maryland a current listing of the names, titles, addresses and
telephone numbers of the points of contact for resolution of
interference problems. * * *
* * * * *
24. Section 25.274 is amended by revising the first sentence of
paragraph (f) to read as follows:
Sec. 25.274 Procedures to be followed in the event of harmful
interference.
* * * * *
(f) At any point, the system control center operator may contact
the Commission's Columbia Operations Center in Columbia, Maryland to
assist in resolving the matter. * * *
* * * * *
25. Section 25.277 is amended by revising the introductory text of
paragraph (c) to read as follows:
Sec. 25.277 Temporary fixed earth station operations.
* * * * *
(c) The licensee of an earth station which is authorized to conduct
temporary fixed operations in bands shared co-equally with terrestrial
fixed stations shall provide the following information to the Director
of the Columbia Operations Center at 9200 Farmhouse Lane, Columbia,
Maryland 21046 and to the licensees of all terrestrial facilities lying
within the coordination contour of the proposed temporary fixed earth
station site before beginning transmissions:
* * * * *
26. A new Section 25.280 is added to subpart D to read as follows:
Sec. 25.280 Inclined orbit operations.
(a) Satellite operators may commence operation in inclined orbit
mode without obtaining prior Commission authorization provided that the
Commission is notified by letter within 30 days after operators
commence. The notification shall include:
(1) The operator's name;
(2) The date of commencement of inclined orbit operation;
(3) The initial inclination;
(4) The rate of change in inclination per year; and
(5) The expected end-of-life of the satellite accounting for
inclined orbit operation.
(b) Licensees operating in inclined-orbit are required to:
(1) Periodically correct the satellite altitude to achieve a
stationary spacecraft antenna pattern on the surface of the Earth and
centered on the satellite's designated service area;
[[Page 5932]]
(2) Control all interference to adjacent satellites, as a result of
operating in an inclined orbit, to levels not to exceed that which
would be caused by the satellite network operating without an inclined
orbit;
(3) Not claim protection in excess of the protection that would be
received by the satellite network operating without an inclined orbit;
and
(4) Continue to maintain the space station at the authorized
longitude orbital location in the geostationary satellite arc with the
appropriate east-west station-keeping tolerance.
Sec. 25.308 [Redesignated as Sec. 25.281]
27. Section 25.308 is redesignated as Sec. 25.281 and transferred
to subpart D.
Subpart E--[Removed and Reserved]
28. Subpart E is removed and reserved.
[FR Doc. 97-2081 Filed 2-7-97; 8:45 am]
BILLING CODE 6712-01-P
