[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Proposed Rules]
[Pages 46252-46259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22168]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 95-117; FCC 95-285]
Satellite Application and Licensing Procedures
AGENCY: Federal Communications Commission.
[[Page 46253]]
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commission has proposed 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, this document proposes to waive the
construction permit requirement for satellite space stations and modify
the license term for temporary fixed earth stations and the
implementation period for Very Small Aperture Terminal (``VSAT'') earth
stations. The item also proposes amendments concerning minor
modifications for earth stations, inclined orbit operations of space
stations, and application and licensing forms. Comments are requested
on all aspects of the proposals.
DATES: Comments must be submitted on or before October 4, 1995; reply
comments must be submitted on or before October 25, 1995.
ADDRESSES: Federal Communications Commission, 1919 M Street, NW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Paula Ford, International Bureau, Satellite Policy Branch, (202) 739-
0733; Frank Peace, International Bureau, Satellite Engineering Branch,
(202) 739-0513; Kathleen Campbell, International Bureau, Satellite
Policy Branch, (202) 739-0729.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking in IB Docket No. 95-117; FCC 95-285, adopted
July 13, 1995 and released August 11, 1995. The complete text of this
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
Commissions's copy contractor, International Transcription Service,
(202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC 20037.
The following collection of information contained in the Notice has
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 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.
Persons wishing to comment on this collection of information should
direct their comments to Timothy Fain (202) 395-3561, Office of
Management and Budget, Room 3235 NEOB, Washington, DC 20503.
Specifically, the Commission requests that parties provide comments on:
(1) The necessity of the proposed collection of information for the
proper performance of the functions of the agency, including whether
the information has practical utility; (2) the accuracy of the agency's
estimates of the burden of the proposed collection of information; (3)
enhancing the quality, utility, and clarity of the information to be
collected; and (4) minimizing the burden of the collection of
information on parties responding. Comments must be filed with the
Office of Management and Budget within sixty days of publication of
this summary in the Federal Register. 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, DC 20554. For further information contract Judy Boley,
(202) 418-0210.
Title: In the Matter of Streamlining the Commission's Rules and
Regulations for Satellite Application and Licensing Procedures.
Action: Proposed new and revised collection.
Affected Public/Respondents: Businesses or other for profit,
including small businesses.
Frequency of Response: On occasion, annually.
Reporting Requirements
------------------------------------------------------------------------
No. of Hours per Total annual
Proposed sections respondents response reporting hours
------------------------------------------------------------------------
Space Stations:
25.113, 25.114,
25.140, 25.210,
25.280, 25.300....... 125 9.5 1,187.5
Earth Stations:
25.115, 25.118,
25.134, 25.277,
25.300............... 500 2.5 1,250
Proposed FCC Form 312
(used by both space
and earth stations).. 300 4 1,200
Information for
Adjacent Satellite
Interference Analysis
Database............. 50 24 * 1,200
------------------------------------------------------------------------
* Represents the hours for the periodic reporting of information. We
propose to collect the information whenever there is a new processing
round. The 1,200 figure represents reporting hours for the year in
which information is collected.
Needs and Uses: In accordance with the Communications Act, the
information collected will be used by the Commission in granting
various authorizations and determining the technical, legal, and
financial qualifications of a satellite applicant or licensee.
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.
Summary of Notice of Proposed Rulemaking
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
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 have been incorporated in this Notice of Proposed
Rulemaking.
The proposals amend or eliminate existing requirements, and codify
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 Notice proposes to waive the construction
permit requirement for satellite space stations; increase the license
term, from one year to ten years, for temporary fixed earth stations
operating in the C-band; eliminate the four year implementation period
for VSATs allowing VSAT licensees to construct their network over the
course
[[Page 46254]]
of their ten year license term; eliminate the annual reporting
requirement for VSATs; simplify the earth and space station application
process by revising and consolidating FCC Forms 430, 493, 702, and 704;
eliminate redundant reporting requirements for earth and space
stations; allow earth station operators to make minor technical
modifications to their stations without prior authorization from the
Commission; and allow satellites to operate in inclined orbits without
prior authorization from the Commission.
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. The proposed
amendments recognize the need of the satellite industry to operate in
an environment defined by growth, innovation, efficiency, and
competition. Comments are requested on all aspects of these proposals.
Specific proposals and recommendations are requested for any additional
streamlining rule changes.
Ordering Clauses
Accordingly, It is Ordered that pursuant to the authority contained
in Sections 4(i) and 303 of the Communications Act of 1934, as amended,
47 U.S.C. Secs. (4)(i) and 303, NOTICE IS HEREBY GIVEN of our intent to
adopt the rule revisions set forth below and the proposed form set
forth below.
It is Further Ordered that the Secretary shall send a copy of this
Notice of Proposed Rulemaking, including the Initial Regulatory,
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration in accordance with paragraph 603(a) of the
Regulatory Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5
U.S.C. Sec. 601 et seq (1981).
Administrative Matters
This is a non-restricted 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). The Sunshine
Agenda period is the period of time that commences with the release of
public notice that a matter has been placed on the Sunshine Agenda and
terminates when the Commission (1) releases the text of a decision or
order in the matter; (2) issues a public notice stating that the matter
has been deleted from the Sunshine Agenda; or (3) issues a public
notice stating that the matter has been returned to the staff for
further consideration, whichever occurs first. 47 CFR 1.1202(f). During
the Sunshine Agenda period, no presentations, ex parte or otherwise,
are permitted unless specifically exempted. 47 CFR 1.1203.
Pursuant to applicable procedures set forth in Sections 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 October 4, 1995 and reply
comments on or before October 25, 1995. To file formally in this
proceeding, you must file an original and five copies of all comments,
reply comments, and supporting comments. If you want each Commissioner
to receive a personal copy of your comments send additional copies to
Office of the Secretary, 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. For further information concerning this rulemaking contact
Paula Ford at (202) 739-0733.
Initial Regulatory Flexibility Act Statement
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 Appendix A.
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 the Notice, but they must have a separate and distinct
heading designating them as responses to the Initial Regulatory
Flexibility Analysis.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Proposed Rules
Part 25 of Title 47 of the Code of Federal Regulations is proposed
to be amended as follows:
PART 25--SATELLITE COMMUNICATIONS
1. The authority citation for part 25 continues to read as follows:
Authority: Sections 101-404, 76 Stat. 419-427; 47 U.S.C. 701-
744, Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or
applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303.
2. Section 25.113 is amended by revising paragraphs (a) and (d) to
read as follows:
Sec. 25.113 Construction permits.
(a) Except as provided in paragraph (b) of this section or in
Sec. 25.131, construction permits must be obtained for all fixed or
temporary fixed 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.
* * * * *
(d) A launch authorization 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. A launch authorizaiton and station license may also be
requested at any time for a space station constructed as an on-ground
spare satellite. However, an application for authority to launch and
operate an on-ground spare domestic 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 to read as follows:
Sec. 25.114 Applications for space station authorizations.
(a) A comprehensive proposal shall be submitted for each proposed
space station in narrative form 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 altrnatives 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.
[[Page 46255]]
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 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 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).
(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 10 dB below the peak values, with the
peak value and sense for 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, an 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 for domestic fixed-satellite systems and
mobile-satellite systems 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. Applications for international
satellite systems authorized pursuant to Establishing of Satellite
Systems Providing International Communications, 101 FCC 2d 1046 (1985),
recon., 61 RR 2d 649 (1986), further recon., 1 FCC Rcd 439 (1986)
(available at the Commission's Library in Washington, DC), shall
provide the information required by that decision.
(14) Qualifications of applicant. FCC Form 312, Main Form. If FCC
Form 312, Main Form, is already on file, indicate date, radio service
and file number of most recent filing.
(15) A clear and detailed statement of whether the space station is
to be operated on a common carrier basis, or whether noncommon carrier
transactions are proposed. If noncommon carrier transactions are
proposed, describe the nature of the transactions and specify the
number of transponders to be offered on a noncommon carrier basis.
(16) Dates by which construction will be commenced and completed,
launch date, and estimated date of placement into service.
(17) Public interest considerations in support of grant.
(18) Applications for authorizations for domestic fixed-satellite
space stations shall also include the information specified in
Sec. 25.140.
(19) Applications for international fixed-satellite authorizations
shall also provide all information necessary to comply with the
policies and procedures set forth in Establishing of Satellite Systems
Providing International Communications, 101 FCC 2d 1046 (1985)
(available at the Commission's Library in Washington, DC), as modified
by Permissible Services of U.S. license International Communications
Satellite Systems, Order, FCC 92-95 released April 8, 1992 (available
through the Commission's Public Reference Room in Washington, DC).
(20) Applications for authorizations in the Radiodetermination
Satellite Service shall also include the information specified in
Sec. 25.141.
(21) 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 the Commission's Library in Washington, DC).
(22) 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.
(23) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in
Sec. 25.143.
[[Page 46256]]
(d) Applicants requesting authority to construct and/or launch a
system comprised of technically identical, non-geostationary satellite
orbit mobile-satellite service 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 amended by revising paragraphs (a), (b), and
(c)(1), (c)(2) and (d) 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 C, 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 C, and conform to the provisions of Sec. 25.131.
(c) * * *
(1) An FCC Form 312, Main Form and Schedule B, for each large (5
meters or larger) hub station operating with the network,
(2) An FCC Form 312, Main Form and Schedule B, for each
representative type of small antenna (less than 5 meters).
* * * * *
(d) User transceivers in the non-voice, non-geostationary 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 C, 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 first sentence 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. * * *
* * * * *
6. Section 25.118 through 25.120 are redesignated as Secs. 25.119
through 25.121, respectively.
7. 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 notification if the replacement
equipment is electrically identical to the replaced equipment.
(b) A licensee providing service on a private carrier basis may
change its operations to common carrier status without obtaining prior
Commission authorization by notifying the Commission by letter within
30 days after the completed change to common carrier status.
(c) Earth station licensees may make facility changes without
obtaining prior Commission authorization, by notifying the Commission
by letter within 30 days after the modification is completed, 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;
(2) An increase in transmitter power;
(3) A change in coordinates for stations operating in C-Band;
(4) A change in coordinates of 10 seconds or greater for stations
operating in Kuband;
(5) A change or addition to antenna facilities.
8. The newly designated Sec. 25.119 is amended by revising the
first sentences of paragraph (c) and (d) and the last sentence of
paragraph (f) 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. * * *
(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. * * *
* * * * *
(f) * * * 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.
9. The newly designated Sec. 25.120 is amended by revising the last
sentence of paragraph (a) 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.
* * * * *
10. The newly designated Sec. 25.121 is amended by revising
paragraph (a) 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.
* * * * *
11. 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 C,
accompanied by any required exhibits.
* * * * *
12. 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 C, accompanied by any
required exhibits.
* * * * *
(d) Applications for registration shall be filed on FCC Form 312,
Main Form and Schedule C, accompanied by the coordination exhibit
required by 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 (1) INTELSAT space
stations, (2) international space stations, or (3) U.S. domestic and
non-U.S. space stations for reception of services from other countries,
shall file an FCC Form 312, Main Form and Schedule C, 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
[[Page 46257]]
Communications Satellite System, Declaratory Ruling, RM No. 4845, FCC
86-214 (released May 19, 1986) (available through the Commission's
Reference Center in Washington, D.C.).
13. 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 maximum
outbound downlink EIRP densities of +6.0 dBW/4 kHz per carrier and
earth station antennas with maximum input power densities of -14 dBW/4
kHz and maximum hub EIRPs 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 per carrier and +13.0 dBW/4 kHz,
respectively, and/or maximum antenna input power densities of -14.0
dBW/4 kHz dBW and -8.0 dBW/4 kHz, 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.
14. Section 25.140 is revised to read as follows:
Sec. 25.140 Qualifications of domestic fixed-satellite space stations.
(a) Each applicant for a space station authorization in the
domestic 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.
(b) 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, Docket No. 81-704, FCC No. 83-
184 (released August 16, 1983) (available through the Commission's
Reference Center in Washington, D.C.))
(3) The applicant's current financial ability to meet the:
(i) Estimated costs of proposed construction and/or launch, and any
other initial expenses for the space station(s); and
(ii) Estimated operating expenses for one year after launch of the
proposed space station(s).
(c) Each application for authority to construct and/or launch a
space station shall demonstrate the applicant's current financial
ability to meet the costs specified in paragraph (b)(3) 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 exihibit demonstrating that the applicant has current
assets and operating income sufficient to satisfy the requirements of
paragraph (c) 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
satisfy paragraph (b)(3) of this section, the applicant shall submit
additional information as listed in paragraphs (c)(2) (i) through (iv)
to satisfy paragraph (b)(3) of this section.
(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;
(iv) Any financing arrangements contingent on further performance
by either party, such as marketing of satellite capacity or raising
additional financing, will not satisfy the requirements of paragraph
(b)(3) of this section.
(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 paragraph (a) of
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 paragraph (a)
of 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 colocation 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
[[Page 46258]]
the Commission which of its assigned locations should be cancelled.
15. 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 C, 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.
* * * * *
16. Section 25.142 is amended by revising paragraph (c)
introductory text 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:
* * * * *
17. Section 25.143 is amended by revising paragraph (e)(1)
introductory text to read as follows:
Sec. 25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-
Satellite Service.
* * * * *
(e) * * *
(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
containing the following information:
* * * * *
18. 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.
19. Section 25.210 is amended by revising paragraphs (j)
introductory text and (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.
* * * * *
(3) A detailed description of the utilization made of each
transponder on each of the in-orbit satellites. That 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.
* * * * *
20. Section 25.211 is amended by adding paragraph (d), to read as
follows:
Sec. 25.211 Video Transmissions in the Domestic 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).
21. 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, and 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 power densities into the antenna do not exceed -8
dBW/4 kHz and the maximum transmitted satellite carrier power densities
do not exceed 13 dBW/4 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 digital SCPC carriers.
22. 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'') which may be obtained through the International Telecommunication
Union, General Secretariat--Sales Section, Places des Nations, CH-1211
Geneva 20, Switzerland or by phone 011-41-22-730-6141 or fax 011-41-22-
730-5194. Applicants and operators will find it helpful to be aware of
the latest revisions of these documents.
Secs. 25.252 through 25.256 [Removed and reserved]
23. Sections 25.252 through 25.256 are removed and reserved.
24. 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. * * *
* * * * *
25. 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. * * *
* * * * *
26. Section 25.277 is amended by revising paragraph (c)
introductory text to read as follows:
Sec. 25.277 Temporary fixed earth station operations.
* * * * *
[[Page 46259]]
(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 P.O. Box 250, Columbia, Maryland
21045 (phone number 301-725-3474 and fax number 301-206-2896) and to
the licensees of all terrestrial facilities lying within the
coordination contour of the proposed temporary fixed earth station site
before beginning transmissions:
* * * * *
27. A new Sec. 25.280 is added to read as follows:
Sec. 25.280 Inclined orbit operations.
Satellite operators may commence operation in incline orbit mode
without obtaining prior Commission authorization provided that the
Commission is notified by letter within 30 days after commencement. The
notification shall include:
(a) The date of commencement of included orbit operation;
(b) The initial inclination;
(3) The rate of change in inclination per year; and
(4) The expected end-of-life of the satellite accounting for
inclined orbit operation.
28. Section 25.308 is redesignated as Sec. 25.281.
29. Subpart E is removed and reserved.
[FR Doc. 95-22168 Filed 9-5-95; 8:45 am]
BILLING CODE 6712-01-M
