[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Proposed Rules]
[Pages 40494-40497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20016]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 96-111; CC Docket No. 93-23; FCC 97-252]
Non-U.S.-Licensed Satellites Providing Domestic and International
Service in the United States
ACTION: Proposed rule.
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SUMMARY: With this Further Notice of Proposed Rulemaking, the
Commission seeks additional comment on a framework to allow non-U.S.-
licensed satellites to provide domestic and international satellite
services in the United States. The Commission tentatively concludes
that the public interest requires adoption of uniform standards to
determine whether a non-U.S. satellite system should be permitted to
serve the United States. The Commission aims to promote greater market
access, to foster fair competition, and to ensure lower prices, better
service, and more innovative service offerings for U.S. users and
competitors. This Further Notice of Proposed Rulemaking contains
proposed or modified information collections subject to the Paperwork
Reduction Act of 1995 (PRA). It has been submitted to the Office of
Management and Budget (OMB) for review under the PRA. OMB, the general
public, and other Federal agencies are invited to comment on the
proposed or modified information collections contained in this
proceeding.
DATES: Comments may be filed no later than August 21, 1997. Reply
Comments may be filed no later than September 5, 1997. Written comments
by the public on the proposed and/or modified information collections
are due September 29, 1997. Written comments must be submitted by the
Office of Management and Budget (OMB) on the proposed and/or modified
information collections on or before September 29, 1997.
ADDRESSES: Office of the Secretary, Room 222, Federal Communications
Commission, 1919 M Street, NW., Washington, DC 20554. In addition to
filing comments with the Secretary, 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 jboley@fcc.gov, and to
Timothy Fain, OMB Desk Officer, 10236 NEOB, 725--17th Street, NW.,
[[Page 40495]]
Washington, DC 20503 or via the Internet to _t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Fern Jarmulnek at (202) 418-0751,
William Kirsch at (202) 418-0764, or Robert Calaff at (202) 418-0431 of
the International Bureau. For additional information concerning the
information collections contained in this Further Notice of Proposed
Rulemaking, contact Judy Boley at (202) 418-0214, or via the Internet
at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking in IB Docket No. 96-111; CC
Docket No. 93-23; FCC 97-252, adopted July 16, 1997 and released July
18, 1997. The complete text of this Further Notice of Proposed
Rulemaking is available for inspection and copying during normal
business hours in the FCC Reference Center (Room 239), 1919 M Street,
NW., Washington, DC, and also may be purchased from the Commission's
copy contractor, International Transcription Service, Inc., 1231 20th
Street, NW, Washington, DC 20036, telephone: 202-857-3800, facsimile:
202-857-3805.
This Further Notice of Proposed Rulemaking contains either a
proposed or modified information collection. The Commission, as part of
its continuing effort to reduce paperwork burdens, invites the general
public and the Office of Management and Budget (OMB) to comment on the
information collections contained in this Further Notice of Proposed
Rulemaking, as required by the Paperwork Reduction Act of 1995, Public
Law 104-13. Public and agency comments are due on or before August 21,
1997; OMB notification of action is due September 29, 1997. 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.
The modifications to approve collections have been 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 Judy Boley at (202) 418-0214. 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, Performance Evaluation and Records Management Branch, Room
234, Paperwork Reduction Project, OMB No. 3060-0678, Washington, DC
20554. For further information contact Judy Boley, (202) 418-0214.
OMB Approval Number: 3060-0678.
Type of Review: Revision of existing collections.
Title: Rules and Regulations for Satellite Applications and
Licensing Procedures.
(Note: title name change)
Form Number: 312.
Respondents: Businesses or other for profit, including small
businesses, governments.
Number of Respondents: 1,310.
Estimated Time Per Response: The Commission estimates that 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: 2,620 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 for prepare submissions using non-U.S. licensed
satellites is 22 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). Non-
U.S. licensed satellite filings: $3,360 ($3,300 for submissions; $60
for outside hire). Fee amounts vary by type of service and application.
Total fee estimates for industry: $5,814,347.00
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 Further Notice of Proposed Rulemaking
1. With this Further Notice of Proposed Rulemaking, the Commission
seeks additional comment on a framework to allow non-U.S. licensed
satellites to provide service domestic and international satellite
services in the United States. These issues were raised initially in a
Notice of Proposed Rulemaking in the Domestic International
Consolidation (DISCO II) proceeding issued on May 14, 1996, 61 FR 32398
(June 24, 1996). In that Notice of Proposed Rulemaking, the Commission
proposed to apply an ``effective competitive opportunities'' for
satellites or ``ECO-Sat'' test to determine whether U.S. satellites
have access to a foreign market before allowing a satellite licensed by
that foreign country to serve the United States.
2. In light of the recent conclusion of a World Trade Organization
Agreement (WTO) on Basic Telecommunications Services (``Agreement''),
this Further Notice of Proposed Rulemaking revisits the DISCO II
proposal, and asks for comment on how best to open U.S. markets in a
manner consistent with our overriding goal of promoting a competitive
satellite market in the United States. The Commission seeks comment on
whether, and to what extent, the DISCO II proposals should be changed
both with respect to countries and services covered by the Agreement
and those that are not. In particular, the Commission proposes (1) to
establish a presumption that no ECO-Sat analysis is required in
evaluating whether to permit satellites licensed by WTO members to
provide services covered by the U.S. schedule of commitments under the
Agreement (``covered services'') within the United States and between
the United States and other WTO members; (2) to retain the proposed
ECO-Sat test for non-WTO members, intergovernmental organizations, and
services for which the United States has taken an exemption from most-
favored-nation obligations under the Agreement (``non-covered
services''); and (3) to consider whether grant of an application to
access a non-U.S. licensed satellite will otherwise serve the public
interest, convenience, and necessity.
3. In addition, this Further Notice of Proposed Rulemaking proposes
that non-U.S. licensed satellites be eligible to be participate in a
U.S. satellite processing round either by filing an earth station
application or a letter of intent to participate by the cut-off date
for consideration in that round. The
[[Page 40496]]
Commission does not propose to require participation in U.S. processing
rounds as a prerequisite to access to the U.S. market. Rather, systems
coordinated under International Telecommunications Union (ITU)
procedures seeking coordination would be accommodated through earth
station licensing to the extent possible.
4. In this Further Notice of Proposed Rulemaking, the Commission
tentatively concludes that the public interest requires that the
Commission adopt uniform standards to determine whether a non-U.S.
satellite system should be permitted to serve the United States. In
proposing these standards, the Commission seeks to foster efficient and
innovative satellite communications services for U.S. users through
fair competition among multiple service providers, including non-U.S.
service providers. In recognition of the liberalization of the global
telecommunications market under the WTO Basic Telecom Agreement, the
Commission proposes to rely on competitive market forces rather than an
analysis of effective competitive opportunities abroad in evaluating
requests to serve the United States using WTO member satellite systems.
To promote competition where the WTO Basic Telecom Agreement does not
apply, the Commission proposes to apply an ECO-Sat analysis where
requests to serve the United States involve non-WTO satellite systems,
IGO satellite systems, or services exempt from most-favored-nation
obligations under the WTO Basic Telecom Agreement. In proposing this
framework, the Commission aims to promote greater market access, to
foster fair competition, and to ensure lower prices, better service,
and more innovative service offerings for U.S. users and competitors.
The Commission may condition or deny authorizations based on other
important public interest considerations. These include: spectrum
availability and technical coordination, compliance with Commission
rules and procedures, and compliance with foreign ownership rules. The
Commission tentatively concludes that requiring applicants to provide
the same information the Commission requires for U.S. systems is
consistent with the General Agreement on Trade in Services (GATS)
obligations. The Commission also seeks comment, on what, if any,
additional changes should be made to the earth station application form
(Form 312).
Procedural Issues
5. As required by section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(``IRFA'') of the expected impact on small entities of the proposals
suggested in this document. The IRFA is set forth in below. Written
public comments are requested on the IRFA. These comments must be filed
in accordance with the same filing deadlines as comments on the rest of
this Further Notice of Proposed Rulemaking, but they must have a
separate and distinct heading designating them as responses to the
Initial Regulatory Flexibility Analysis. The Secretary shall send a
copy of this Further Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
6. Pursuant to applicable procedures set forth in Secs. 1.415 and
1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested
parties may file comments on or before August 21, 1997 and reply
comments on or before September 5, 1997. To file formally in this
proceeding, you must file an original and four copies of all comments,
reply comments, and supporting comments. If you want each Commissioner
to receive a personal copy of your comments, you should file five
additional copies. Send comments and reply comments to the Office of
the Secretary, Room 222, Federal Communications Commission, Washington,
DC 20554. Comments and reply comments will be available for public
inspection during regular business hours in the Federal Communications
Commission, Reference Center, Room 239, 1919 M Street NW., Washington,
DC 20554.
7. Written comments by the public on the proposed and/or modified
information collections are due to Commission on or before September
29, 1997. In addition to filing comments with the Secretary, a copy of
any comments on the information collections contained herein should be
submitted to Judy Boley, Federal Communications Commission, Performance
Evaluation and Records Management Branch, Room 234, 1919 M Street, NW.,
Washington, DC 20554, or via the Internet to jboley@fcc.gov and to
Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW.,
Washington, DC 20503 or via the Internet to fain__t@al.eop.gov.
Note: OMB is required to make a decision concerning the modified
collection of information contained in this Further Notice of
Proposed Rulemaking between 30 and 60 days after publication of this
document in the Federal Register. Therefore, a comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication.
8. This is a permit but disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).
Ordering Clauses
9. Accordingly, it is ordered that pursuant to the authority
contained in Sections 1, 4(i), 303(r), 308, 309, and 310 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, and
308, notice is hereby given of our intent to adopt the policies and
rules set forth in this Further Notice of Proposed Rulemaking and that
comment is sought on all the proposals in this Further Notice of
Proposed Rulemaking.
10. It is further ordered that the Secretary shall send a copy of
this Further Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
Initial Regulatory Flexibility Analysis
A. Reason for Action
11. In this proceeding the Commission seeks to solicit comments and
develop a record on the proposed policies and rules to allow non-U.S.
licensed satellite systems and satellite transmissions originating
outside of the U.S. to enter the U.S. market and to continue licensing
receive-only earth stations operating with non-U.S. satellite systems.
These proposed rules are designed in large part to promote competition
and enhance customer service and options throughout the United States
and the world.
B. Objective
12. The Commission seeks to establish standard rules and procedures
to regulate foreign entry into the U.S. satellite services market in
order to promote competition, prevent anti-competitive conduct in the
market for international communications services, and foster open
communications markets around the world.
C. Legal Basis
13. The legal basis of this action is found in Sections 303 and
308(c) of the Communications Act of 1934, 47 U.S.C. 303 and 308(c).
D. Reporting, Recordkeeping and Other Compliance Requirements
14. We propose to require that earth stations and other entities
working in
[[Page 40497]]
conjunction with non-U.S. satellite systems and foreign satellite
service providers file certain information regarding the foreign
service, markets, and satellite systems. This is not estimated to be a
significant economic burden for these entities.
E. Federal Rules That Overlap, Duplicate or Conflict With These Rules
15. None.
F. Description, Potential Impact and Number of Small Facilities
Affected
16. The proposed rules would apply to all earth stations or service
providers (including small entities) that seek authorization under Part
25 and Part 100 of the Commission's rules to operate with a non-U.S.
licensed satellite. These proposals are intended to ensure that U.S.
satellite systems can compete effectively in international markets and
that competition in the United States is maximally enhanced. Copies of
this Further Notice of Proposed Rulemaking will be sent to the Chief
Counsel for Advocacy of the Small Business Administration.
G. Any Significant Alternative Minimizing Impact on Small Entities
Consistent With Stated Objectives
17. The Further Notice of Proposed Rulemaking solicits comment on
other alternatives to achieve the Commission's objectives.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-20016 Filed 7-28-97; 8:45 am]
BILLING CODE 6712-01-U
