97-12526. Procedures for Non-U.S. Satellite Filings

[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Notices]
[Pages 26505-26506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12526]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 97-944]


Procedures for Non-U.S. Satellite Filings

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: On April 16, 1997, the International Bureau released a public 
notice announcing procedures for foreign satellites to be considered in 
future satellite processing rounds. Pursuant to the World Trade 
Organization Basic Telecommunications Services Agreement reached in 
February 1997, the International Bureau will be opening future 
satellite system processing rounds to space stations that are licensed 
by, or coordinated internationally under the ITU Radio Regulations by 
foreign Administrations. The Bureau issued the Public Notice to provide 
procedural guidance to those entities wishing to participate in future 
satellite processing rounds and to request comment on the procedures. 
This process will serve as a means to ensure appropriate opportunities 
for non-U.S. licensed entities to participate in the U.S. satellite 
services market. The Commission is seeking emergency approval for this 
information collection by July 1, 1997, under the provisions of 5 CFR 
1320.13.

DATES: Comments on the information collection being submitted for 
emergency approval should be submitted no later than June 23, 1997. 
Comments on the regular information collection submission should be 
submitted no later than July 14, 1997.

ADDRESSES: In addition to filing comments with the Office of the 
Secretary, Federal Communications Commission, 1919 M Street, NW., 
Washington, DC 20554, a copy of any comments on the information 
collections contained herein should be submitted to Judy Boley, Federal 
Communications Commission, Room 234, 1919 M Street, NW., Washington, DC 
20554, or via the Internet to [e-mail], and to Timothy Fain, OMB 
Desk Officer, 10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or 
via the Internet to [e-mail].

FOR FURTHER INFORMATION CONTACT: For information on the Public Notice, 
contact Virginia Marshall at [phone] or Kathleen Campbell at 
[phone] of the International Bureau, Satellite and 
Radiocommunication Division, Satellite Policy Branch. For additional 
information or copies of the information collection, contact Judy Boley 
at 202-418-0214 or via the internet at [e-mail].

SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce 
paperwork burden, the Federal Communications Commission invites the 
general public and other Federal agencies to take this opportunity to 
comment on emergency information collection as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not 
conduct or sponsor a collection of information unless it displays a 
currently valid control number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the Paperwork Reduction Act (PRA) that does not display a valid 
control number. Comments are requested concerning whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; the accuracy of the Commission's burden 
estimate; ways to enhance the quality, utility, and clarity of the 
information collected; and ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology. While the Commission is seeking emergency approval for this 
collection, following the statutory 60-day comment period, the 
Commission will submit a request for regular OMB approval for this 
information collection and will publish a notice of such submission.
    The following is a summary of Public Notice, Report No. SPB-80 
(released April 16, 1997):
    1. Pursuant to the World Trade Organization Basic 
Telecommunications Services Agreement reached in February 1997, the 
International Bureau will be

[[Page 26506]]

opening future satellite system processing rounds to space stations 
that are licensed by, or coordinated internationally under the ITU 
Radio Regulations by foreign Administrations. The Bureau is issuing 
this Public Notice to provide procedural guidance to those entities 
wishing to participate in future satellite processing rounds. This 
process will serve as a means to ensure appropriate opportunities for 
non-U.S. licensed entities to participate in the U.S. satellite 
services market.
    2. Specifically, the Bureau intends to require entities seeking to 
provide satellite service within the United States using non-U.S. 
licensed satellites to file a letter of intent to do so, along with the 
information required in Sec. 25.114 of the Commission's rules, 47 CFR 
25.114, for space station applications. This information includes a 
concrete, comprehensive description of the space station, providing in 
detail all pertinent technical, operational and ownership aspects of 
the system and a demonstration of the ability to proceed expeditiously 
with construction, launch, and operation. The Bureau also intends to 
require entities operating or seeking to use foreign-licensed space 
stations to file, as an exhibit to their filings, a description of the 
space station authorization process used by the relevant coordinating 
Administration and the status of that process.
    3. The Bureau will evaluate these filings in accordance with all 
applicable Commission rules, policies, and statutory requirements. The 
Bureau will not, however, issue U.S. licenses for foreign-licensed 
space stations seeking to serve the U.S. market. The foreign-licensed 
satellite will continue to fall under the jurisdiction of the licensing 
or coordinating Administration, subject to any conditions the 
Commission may impose on the space station operator with respect to the 
provision of service within the United States. The mechanism for 
assigning spectrum or orbital locations for non-U.S. licensed space 
station operators or earth station operators utilizing non-U.S. 
licensed space stations may be addressed in a rulemaking for that 
particular service. At a later point, the Bureau will issue licenses, 
as appropriate, to entities that request U.S. earth station or service 
authorizations. It is the Bureau's intent that this procedure will 
apply to entities wishing to participate in a specific processing round 
as well as to entities that seek to have a processing round initiated.
    4. This action constitutes a new information collection under the 
Paperwork Reduction Act of 1995, Public Law 104-13. Accordingly, the 
Office of Management and Budget must approve this collection before it 
can go into effect. The OMB approval process may take up to 120 days.
    5. Once OMB approval is granted, the Bureau intends to issue Public 
Notices establishing cut-off dates for satellite space stations in both 
the 2 GHz frequency band and the 40 GHz frequency band. See Amendment 
of Sec. 2.106 of the Commission's rules to Allocate Spectrum at 2 GHz 
for Mobile Satellite Service, First Report and Order and Further Notice 
of Proposed Rulemaking, ET Docket No. 95-18, 62 FR 19509 (April 22, 
1997) (First Report and Order) and 62 FR 19538 (April 22, 1997) 
(Further Notice of Proposed Rulemaking), and Allocation and Designation 
of Spectrum in the 37.5-38.5 GHz, 40.5-42.5 GHz, 48.2-50.2 GHz, 46.9-
47.0 GHz, and 37.0-38.0 GHz Frequency Bands, Notice of Proposed 
Rulemaking, FCC 97-85, 62 FR 16129 (April 4, 1997), respectively. The 
Bureau expects it will require applicants to file applications, 
including letters of intent where appropriate, within 30 days after 
each Public Notice is issued.
    6. This Public Notice contains either a proposed or modified 
information collection. As part of its continuing effort to reduce 
paperwork burdens, we invite the general public and the Office of 
Management and Budget (OMB) to take this opportunity to comment on the 
information collections contained in this Public Notice, as required by 
the Paperwork Reduction Act of 1995, Public Law 104-13. Comments should 
address: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    7. This Public Notice contains a new or modified collection and has 
been submitted to the Office of Management and Budget for emergency 
review and will be submitted for regular review under section 3507(d) 
of the Paperwork Reduction Act (44 U.S.C. 3507(d)). For copies of the 
submissions contact Judy Boley at [phone]. 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, AMD-Performance Evaluation and Records Management Branch, 
Room 234, Paperwork Reduction Project, Washington, DC 20554. For 
further information contact Judy Boley, [phone].
    OMB Approval No.: None--3060-xxxx.
    Title: Non-U.S. Satellite Filing Procedures pursuant to the World 
Trade Organization Basic Telecommunications Services Agreement.
    Form No.: n/a.
    Type of Review: Emergency submission.
    Respondents: Businesses or other for profit, including small 
businesses, foreign government agencies.
    Number of Respondents: 10.
    Estimated Time Per Response: The Commission estimates respondents 
will hire an attorney or legal assistant to complete the submission. 
The time to retain these services is 2 hours per respondent.
    Total Annual Burden: 20 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 space 
station submissions is 22 hours per response. Estimated cost of space 
station submissions: $3,300.
    Needs and Uses: In accordance with the Communications Act, the 
information collected will be used by the Commission in evaluating 
spectrum availability for all entities seeking authority to provide 
service in the United States in accordance with part 25 of the 
Commission's rules and the World Trade Organization Basic 
Telecommunications Services Agreement. The information will be used to 
determine the legal, technical, and financial ability of the non-U.S. 
satellite entities to provide satellite services and will assist the 
Commission in determining whether proposed operations are in the public 
interest.

Federal Communications Commission.
Thomas S. Tycz,
Chief, Satellite and Radiocommunication Division, International Bureau.
[FR Doc. 97-12526 Filed 5-13-97; 8:45 am]
BILLING CODE 6712-01-P