[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Rules and Regulations]
[Page 51499-51508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-20]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 25
[IB Docket Nos. 02-34 and 02-54, FCC 03-102]
Satellite Licensing Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission adopts new satellite
licensing procedures, intended to enable the Commission to issue
satellite slicenses more quickly. In addition, the Commission
eliminates the anti-trafficking rule for satellites, together with new
safeguards to protect against speculation. These actions are necessary
to expedite provision of satellite services to the public, without
allowing satellite license applicants to abuse the Commission's
licensing procedures.
DATES: Effective August 27, 2003, except for Sec. Sec. 25.137(d)(4),
25.164 (c) through
[[Page 51500]]
(e), and 25.165 which will become effective September 11, 2003. The
Commission has adopted a freeze on new satellite applications. This
freeze is terminated as of August 27, 2003.
FOR FURTHER INFORATION CONTACT: Steven Spaeth, Attorney Advisor,
Satellite Division, International Bureau, telephone (202) 418-1539 or
via the Internet at steven.spaeth@fcc.gov.
SUPPLMENTARY INFORMATION: This summary of the Commission's First Report
and Order, IB Docket Nos. 02-34 & 02-54, FCC 03-102, adopted April 23,
2003, and released on May 19, 2003. The complete text of this First
Report and Order is available for inspection and copying during normal
business hours in the FCC Reference Center (Room CY-A257), 445 12th
Street, SW., Washington, DC 20554, and also may be purchased from the
Commission's copy contractor, Qualex International, Portals II, 445
12th Street, SW, Room CY-B402, Washington, DC 20554, telephone (202)
863-2893, facsimile (202) 863-2898 or via e-mail qualexint@lol.com. It
is also available on the Commission's Web site at
http://www.fcc.gov.
Paperwork Reduction Act Analysis: The actions taken in the First
Report and Order have been analyzed with respect to the Paperwork
Reduction Act of 1995 (PRA), Pub. L. 104-13, and Sec. Sec.
25.137(d)(4), 25.164(c) through (e), and 25.165 have been found to
impose new or modified reporting requirements or burdens on the public.
Implementation of these new or modified reporting and recordkeeping
requirements has been approved by the Office of Management and Budget
(OMB). OMB granted approval for this information collection by means of
a Notice of Action for collection number 3060-1007 dated August 13,
2003.
Regulatory Flexibility Analysis: As required by the Regulatory
Flexibility Act (RFA),\1\ an Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the Notice of Proposed Rule Making (NPRM) in
IB Docket No. 02-34.\2\ The Commission sought written public comment on
the proposals in the NPRM, including comment on the IRFA. This Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601--612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
\2\ Amendment of the Commission's Space Station Licensing Rules
and Policies, Notice of Proposed Rulemaking, IB Docket No. 02-34, 67
FR 12498 (Mar. 19, 2002) (NPRM).
\3\ See 5 U.S.C. 604.
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Need for, and Objectives of, the Proposed Rules. The objective of
the proposed rules is to discourage parties from filing ``speculative''
satellite applications, i.e., applying for a satellite license without
intending to construct the satellite facilities. These rule revisions
are needed because speculative satellite applications can delay or
preclude other parties from obtaining a satellite license and providing
service to the public.
Summary of Significant Issues Raised by Public Comments In Response
to the IRFA. No comments were submitted in response to the IRFA.
Description and Estimate of the Number of Small Entities To Which
Rules Will Apply. The RFA directs agencies to provide a description of,
and, where feasible, an estimate of, the number of small entities that
may be affected by the proposed rules, if adopted.\4\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.''\5\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\6\ A small business concern is one which:
(1) is independently owned and operated; (2) is not dominant in its
field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration (SBA).\7\ A small
organization is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''\8\
Nationwide, as of 1992, there were approximately 275,801 small
organizations.\9\ ``Small governmental jurisdiction'' generally means
``governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than
50,000.''\10\ As of 1992, there were approximately 85,006 such
jurisdictions in the United States.\11\ This number includes 38,978
counties, cities, and towns; of these, 37,566, or 96 percent, have
populations of fewer than 50,000. The Census Bureau estimates that this
ratio is approximately accurate for all governmental entities. Thus, of
the 85,006 governmental entities, we estimate that 81,600 (91 percent)
are small entities. Below, we further describe and estimate the number
of small entity licensees that may be affected by the proposed rules,
if adopted.
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\4\ 5 U.S.C. 604(a)(3).
\5\ Id 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.''
\7\ Small Business Act, 15 U.S.C. 632 (1996).
\8\ 5 U.S.C. 601(4).
\9\ 1992 Economic Census, U.S. Business of the Census, Table 6
(special tabulation of data under contract to Office of the Advocacy
of the U.S. Small Business Administration).
\10\ 5 U.S.C. 601(5).
\11\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census
of Governments.''
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The rules adopted in this First Report and Order affect satellite
operators. The Commission has not developed a definition of small
entities applicable to satellite operators. Therefore, the applicable
definition of small entity is generally the definition under the SBA
rules applicable to Satellite Telecommunications.\12\ This definition
provides that a small entity is expressed as one with $11.0 million or
less in annual receipts.\13\ 1997 Census Bureau data indicate that, for
1997, 273 satellite communication firms had annual receipts of under
$10 million. In addition, 24 firms had receipts for that year of $10
million to $24,999,990.\14\
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\12\ ``This industry comprises establishes primarily engaged in
providing point-to-point telecommunications services to other
establishes in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Small
Business Administration, 1997 NAICS Definitions, NAICS 513340.
\13\ 13 CFR 120.121, NAICS code 513340.
\14\ U.S. Census Bureau, 1997 Economic Census, Subject Service:
Information, ``Establishment and Firm Size,'' Table 4, NAICS 513340
(Issued Oct. 2000).
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In addition, Commission records reveal that there are approximately
240 space station operators licensed by this Commission. We do not
request or collect annual revenue information, and thus are unable to
estimate of the number of licensees that would constitute a small
business under the SBA definition. Small businesses may not have the
financial ability to become space station licensees because of the high
implementation costs associated with satellite systems and services.
Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements. In this First Report and Order, the Commission
adopts a mandatory electronic filing requirement for space station
license applicants. The Commission believes that filing satellite
license applications electronically is no more burdensome than
submitting paper applications, because a majority
[[Page 51501]]
of satellite applicants currently file their applications
electronically on a voluntary basis.
None of the other rules adopted in this First Report and Order are
expected to increase the reporting, record keeping and other compliance
requirements of any licensee.
Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The RFA requires an
agency to describe any significant alternatives that it has considered
in developing its approach, which may include the following four
alternatives (among others): ``(1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''\15\
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\15\ 5 U.S.C. 603(c)(1)-(c)(4).
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In this proceeding, we adopt rule revisions designed to allow the
Commission to issue satellite licenses faster than is now possible,
which will enable satellite operators to provide service faster, and to
attract investors faster. This will have a positive economic impact on
all satellite licensees, including small entities.
In the NPRM, the Commission proposed applying a first-come, first-
served procedure to all satellite applications, including non-
geostationary satellite applications. In the First Report and Order,
the Commission concluded that applying a first-come, first-served
procedure to non-geostationary satellite applications could enable one
applicant to unreasonably exclude others, including small entities,
from the market. Accordingly, the Commission rejected this proposal.
Report to Congress: The Commission will send a copy of the First
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A). In addition, the Commission will send a copy of the First
Report and Order, including FRFA, to the Chief Counsel for Advocacy of
the Small Business Administration. A copy of the First Report and Order
and FRFA (or summaries thereof) will also be published in the Federal
Register. See 5 U.S.C. 604(b).
Summary of Report and Order: In this document, the Commission
adopts new satellite licensing procedures, intended to enable the
Commission to issue satellite licenses more quickly. First, the
Commission establishes a queue for satellite applications, based on the
date and time they are filed. If an application is filed before a
needed international frequency allocation is adopted, the application
will be returned as premature. If an application is filed before a
needed domestic frequency allocation is adopted, the application will
be considered only pursuant to a waiver of the Table of Frequency
Allocations, 47 CFR 2.106. If an application is filed after
international and domestic frequency allocations are adopted, but
before the Commission adopts service-band specific service rules, the
application will be considered only subject to default service rules
adopted in the First Report and Order. Included in those default
service rules is a requirement for the applicant to disclose its
orbital debris mitigation proposals, if any. This requirement is based
on the record in IB Docket No. 02-54. In addition, as explained further
below, the Commission adopts different procedures for non-geostationary
satellite orbit (NGSO) satellite system applications and geostationary
satellite orbit (GSO) applications. If an applicant files an
application before there are GSO/NGSO sharing criteria for that band,
then we will consider only GSO applications or NGSO applications,
depending on which is filed first, until the Commission adopts sharing
criteria. If a GSO application and an NGSO application are filed at the
same time, the band will be split proportionally between GSOs and
NGSOs.
Second, the Commission adopts different procedures for different
types of satellite applications. When a non-geostationary satellite
orbit (NGSO) application or a geostationary satellite orbit (GSO)
Mobile Satellite Service (MSS) application (together, ``NGSO-like'')
reaches the front of the queue, the Commission starts a modified
processing round, and divides the available spectrum equally among all
the qualified applicants. If a licensee loses or surrenders its
license, the spectrum assigned to that licensee will be reassigned to
the remaining licensees, unless the number of remaining licensees is
sufficient to make reasonably efficient use of the frequency band. The
Commission presumes that this number is three. In this case, the
Commission will announce another processing round for the newly
available spectrum. Similarly, the Commission will start another
processing round if there are fewer than three qualified applicants in
the initial processing round.
When a non-geostationary satellite (GSO) application other than a
GSO MSS application reaches the front of the queue, the Commission
considers it on a first-come, first-served basis. The Commission will
grant each of those applications if the applicant is qualified, and the
proposed satellite would not conflict with any other previously
licensed satellite. If two or more qualified GSO-like applications are
filed at the same thousandth of a second, the Commission will divide
the spectrum equally among the qualified applicants at that orbit
location. If a GSO-like licensee loses its license, that orbit location
will become available for another GSO-like applicant on a first-come,
first-served basis.
For both the modified processing round and first-come, first-served
procedures, the Commission revises its rules for amendments to
satellite applications and modifications to satellite licenses.
In addition, the Commission eliminates the anti-trafficking rule
for satellites, together with new safeguards to protect against
speculation. By eliminating the anti-trafficking rule, the Commission
will no longer review transfer of control applications to determine
whether the transaction is the sale of a bare license for profit. The
Commission will still review such applications to determine whether the
transaction will further the public interest, convenience, and
necessity.
Together with the elimination of the anti-trafficking rule, the
Commission adopts safeguards to protect against speculation. First, the
Commission replaces the financial qualification rules with a bond
requirement. Formerly, the Commission required satellite license
applicants to show that they have financing available to construct and
launch the satellite and operate it for one year. Here, the Commission
replaces that requirement with a requirement that licensees post a bond
within 30 days of grant of the license, payable upon missing a
milestone. The bond amount is $7.5 million for NGSO-like applications,
and $5 million for GSO-like applications. The amount of the bond may be
reduced when the licensee meets each of its milestones.
The Commission also adopts new milestones. The NGSO-like milestones
are now: (1) Contract execution; (2) critical design review; (3)
commencement of construction; (4) launch; and (5) bring entire system
into operation. The GSO-like milestones are (1) contract execution; (2)
critical design review; (3) commencement of
[[Page 51502]]
construction; and (4) launch. In addition, the Commission adopts
information requirements for licensees to demonstrate that they have
met each of the new milestones.
To protect further against speculative applications, the Commission
adopts a limit on the number of pending applications and unbuilt
satellites any applicant may have in any frequency band. Those limits
are five GSO orbit locations and one NGSO satellite system. So that
applicants do not undercut the policy goals of these limits, the
Commission also adopts an attribution rule prohibiting a party from
filing a satellite application if it holds more than 33 percent of the
total asset value of applicants with applications for five GSO orbital
locations, and one NGSO satellite system, in any frequency band,
pending before the Commission. Stricter limits apply to applicants who
establish a pattern of missing milestones. Applicants who have
established such a pattern, and have two or more applications pending,
or two licensed-but-unbuilt satellite systems of any kind, will not be
permitted to file another GSO-like application or NGSO-like application
in any frequency band.
In addition to these safeguards, the Commission prohibits
applicants from selling their place in the queue, and require
applications to be substantially complete.
The Commission adopts a number of other provisions in this First
Report and Order. First, the Commission adopts mandatory electronic
filing of space station applications. Second, the Commission creates a
streamlined procedure for replacement satellite applications. Third,
the Commission revises its full frequency reuse requirements. The
Commission also extends the license terms of certain satellite licenses
from 10 to 15 years. Finally, the Commission established a freeze on
new satellite applications. This freeze is terminated as of August 27,
2003.
In addition, the Commission revises the procedures for non-U.S.-
licensed satellite operators seeking access to the U.S. market, to be
consistent with the new procedures for U.S. license applications. The
Commission also adopted provisions for Permitted List satellite
modifications, replacements of Permitted List satellites, and changes
of ownership of satellites on the Permitted List.
Ordering Clauses
Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 4(j),
7(a), 11, 301, 303(c), 303(f), 303(g), and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 157(a),
161, 301, 303(c), 303(f), 303(g), 303(r), that this First Report and
Order in IB Docket Nos. 02-34 and 02-54 is hereby adopted.
It is further ordered that parts 1 and 25 of the Commission's rules
are amended.
It is further ordered that the provisions of this First Report and
Order in IB Docket Nos. 02-34 and 02-54, other than Sec. Sec.
25.137(d)(4), 25.164(c) through (e), and 25.165, will be effective
August 27, 2003.
It is further ordered that Sec. Sec. 25.137(d)(4), 25.164(c)
through (e), and 25.165, as adopted in this First Report and Order,
will be effective September 11, 2003.
It is further ordered that, effective upon the adoption date of
this First Report and Order in IB Docket Nos. 02-34 and 02-54, no
applications for space station licenses for any satellite service
addressed in this First Report and Order will be accepted for filing.
This freeze will continue until August 27, 2003.
It is further ordered that the license term of each space station
license issued on or before April 17, 2002, and in effect on the
release date of this Order, is hereby extended to 15 years, starting on
the date the licensee certified to the Commission that the space
station was successfully placed in orbit and its operations fully
conform to the terms and conditions of its authorization.
It is further ordered that the Consumer Information Bureau,
Reference Information Center, shall send a copy of this First Report
and Order in IB Docket Nos. 02-34 and 02-54, including the Final
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects
47 CFR Part 1
Administrative Practice and Procedure.
47 CFR Part 25
Satellites.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 1 and 25 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).
0
2. Amend Sec. 1.1113 by adding paragraph (d) to read as follows:
Sec. 1.1113 Return or refund of charges.
* * * * *
(d) Applicants for space station licenses under the first-come,
first served procedure set forth in part 25 of this title will be
entitled to a refund of the fee if, before the Commission has placed
the application on public notice, the applicant notifies the Commission
that it no longer wishes to keep its application on file behind the
licensee and any other applicants who filed their applications before
its application, and specifically requests a refund of the fee and
dismissal of its application.
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309, and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332,
unless otherwise noted.
0
4. Amend Sec. 25.112 by adding paragraph (a)(3) and revising paragraph
(b) introductory text to read as follows:
Sec. 25.112 Defective applications.
(a) * * *
(3) The application requests authority to operate a space station
in a frequency band that is not allocated internationally for such
operations under the Radio Regulations of the International
Telecommunication Union.
(b) Applications for space station authority found defective under
paragraph (a)(3) of this section will not be considered. Applications
for authority found defective under paragraphs (a)(1) or (a)(2) of this
section may be accepted for filing if:
* * * * *
0
5. Amend Sec. 25.113 by revising paragraph (g) to read as follows:
Sec. 25.113 Construction permits, station licenses, launch authority.
* * * * *
(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 pursuant to the following procedures:
(1) Applications for launch and operation of an on-ground spare
NGSO-
[[Page 51503]]
like satellite will be considered pursuant to the procedures set forth
in Sec. 25.157, except as set forth in paragraph (g)(3) of this
section.
(2) Applications for launch and operation of an on-ground spare
GSO-like satellite will be considered pursuant to the procedures set
forth in Sec. 25.158, except as set forth in paragraph (g)(3) of this
section.
(3) Neither paragraph (g)(1) nor (g)(2) of this section will apply
in cases 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.
0
6. Amend Sec. 25.114 by revising paragraph (b) and removing and
reserving paragraph (c)(13), to read as follows:
Sec. 25.114 Applications for space station authorizations.
* * * * *
(b) Each application for a new or modified space station
authorization must constitute a concrete proposal for Commission
evaluation. 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.
Applications for new space station authorizations other than
authorizations for the Direct Broadcast Service (DBS) and Digital Audio
Radio Satellite (DARS) service must be filed electronically through the
International Bureau Filing System (IBFS).
(c) * * *
(13) [Reserved]
* * * * *
7. Amend Sec. 25.116 by removing and reserving paragraph (b)(3);
adding paragraph (b)(5); revising paragraph (c) introductory text;
redesignating paragraph (d) as (e); and adding new paragraph (d) to
read as follows:
Sec. 25.116 Amendments to applications.
* * * * *
(b) * * *
(3) [Reserved]
* * * * *
(5) Amendments to ``defective'' space station applications, within
the meaning of Sec. 25.112 will not be considered.
(c) Any application for an NGSO-like satellite license within the
meaning of Sec. 25.157 will be considered to be a newly filed
application if it is amended by a major amendment (as defined by
paragraph (b) of this section) after a ``cut-off'' date applicable to
the application, except under the following circumstances:
* * * * *
(d) Any application for a GSO-like satellite license within the
meaning of Sec. 25.158 will be considered to be a newly filed
application if it is amended by a major amendment (as defined by
paragraph (b) of this section), and will cause the application to lose
its status relative to later-filed applications in the ``queue'' as
described in Sec. 25.158.
* * * * *
0
8. Amend Sec. 25.117 by redesignating paragraph (d) as (d)(1), and
adding paragraph (d)(2) to read as follows:
Sec. 25.117 Modification of station license.
* * * * *
(d) * * *
(2) Applications for modifications of space station authorizations
will be granted except under the following circumstances:
(i) Granting the modification would make the applicant unqualified
to operate a space station under the Commission's rules.
(ii) Granting the modification request would not serve the public
interest, convenience, and necessity.
(iii) Except as set forth in paragraph (d)(2)(iv) of this section,
applications for modifications of GSO-like space station authorizations
granted pursuant to the procedure set forth in Sec. 25.158, which seek
to relocate a GSO satellite or add a frequency band to the
authorization, will be placed in a queue pursuant to Sec. 25.158 and
considered only after previously filed space station license
applications or space station modification applications have been
considered.
(iv) Applications for modifications of space station authorizations
to increase the authorized bandwidth will not be considered in cases in
which the original space station authorization was granted pursuant to
the procedures set forth in Sec. 25.157(e) or Sec. 25.158(c)(4).
* * * * *
0
9. Amend Sec. 25.119 by adding paragraph (g) to read as follows:
Sec. 25.119 Assignment or transfer of control of station
authorization.
* * * * *
(g) The Commission retains discretion in reviewing assignments and
transfers of control of space station licenses to determine whether the
initial license was obtained in good faith with the intent to construct
a satellite system.
0
10. Amend Sec. 25.120 by revising paragraph (b) to read as follows:
Sec. 25.120 Application for special temporary authorization.
* * * * *
(b)(1) The Commission may grant a temporary authorization only upon
a finding that there are extraordinary circumstances requiring
temporary operations in the public interest and that delay in the
institution of these temporary operations would seriously prejudice the
public interest. Convenience to the applicant, such as marketing
considerations or meeting scheduled customer in-service dates, will not
be deemed sufficient for this purpose.
(2) The Commission may grant a temporary authorization for a period
not to exceed 180 days, with additional periods not exceeding 180 days,
if the Commission has placed the special temporary authority (STA)
request on public notice.
(3) The Commission may grant a temporary authorization for a period
not to exceed 60 days, if the STA request has not been placed on public
notice, and the applicant plans to file a request for regular authority
for the service.
(4) The Commission may grant a temporary authorization for a period
not to exceed 30 days, if the STA request has not been placed on public
notice, and an application for regular authority is not contemplated.
* * * * *
0
11. Amend Sec. 25.121 by revising paragraph (e) to read as follows:
Sec. 25.121 License term and renewals.
* * * * *
(e) Renewal of licenses. Applications for renewals of earth station
licenses must be submitted on FCC Form 405 (Application for Renewal of
Radio Station License in Specified Services) no earlier than 90 days,
and no later than 30 days, before the expiration date of the license.
Applications for space station system replacement authorization for
non-geostationary orbit satellites shall be filed no earlier than 90
days, and no later than 30 days, prior to the end of the twelfth year
of the existing license term.
0
12. Amend Sec. 25.137 by revising paragraphs (b), (c), and (d), and
adding paragraphs (e), (f), and (g), to read as follows:
Sec. 25.137 Application requirements for earth stations operating
with non-U.S. licensed space stations.
* * * * *
(b) Earth station applicants, or entities filing a ``letter of
intent,'' or ``Petition for Declaratory Ruling,'' requesting authority
to operate with a non-U.S. licensed space station must attach to
[[Page 51504]]
their FCC Form 312 an exhibit providing legal and technical information
for the non-U.S. licensed space station in accordance with part 25.
Applications addressed in this paragraph must be filed electronically
through the International Bureau Filing System (IBFS).
(c) A non-U.S. licensed NGSO-like satellite system seeking to serve
the United States can be considered contemporaneously with other U.S.
NGSO-like satellite system pursuant to Sec. 25.157 and considered
before later-filed applications of other U.S. satellite system
operators, and a non-U.S.-licensed GSO-like satellite system seeking to
serve the United States can have its request placed in a queue pursuant
to Sec. 25.158 and considered before later-filed applications of other
U.S. satellite system operators, if the non-U.S. licensed satellite
system is:
(1) In orbit and operating;
(2) Has a license from another administration; or
(3) Has been submitted for coordination to the International
Telecommunication Union.
(d) Earth station applicants requesting authority to operate with a
non-U.S. licensed space station must demonstrate that the space station
the applicant seeks to access has complied with all applicable
Commission requirements for non-U.S. licensed systems to operate in the
United States, including but not limited to the following:
(1) Milestones;
(2) Reporting requirements;
(3) Any other applicable service rules;
(4) Posting a bond of $7.5 million for NGSO-like satellite systems,
or $5 million for GSO-like satellites, denominated in U.S. dollars,
compliant with the terms of Sec. 25.165;
(5) Non-U.S. licensed GSO-like space station operators with a total
of five requests for access to the U.S. market in a particular
frequency band, or a total of five previously granted requests for
access to the U.S. market with unbuilt GSO-like space stations in a
particular frequency band, or a combination of pending GSO-like
requests and granted requests for unbuilt GSO-like space stations in a
particular frequency band that equals five, will not be permitted to
request access to the U.S. market with another GSO-like space station
license in that frequency band. In addition, non-U.S.-licensed NGSO-
like satellite system operators with one request on file with the
Commission in a particular frequency band, or one granted request for
an unbuilt NGSO-like satellite system in a particular frequency band,
will not be permitted to request access to the U.S. market with another
NGSO-like satellite system in that frequency band.
(e) A non-U.S.-licensed satellite operator that is seeking to serve
the United States pursuant to a Letter of Intent may amend its request
by submitting an additional Letter of Intent. Such additional Letters
of Intent will be treated as amendments filed by U.S. space station
applicants for purposes of determining the order in which the Letters
of Intent will be considered relative to other pending applications.
(f) A non-U.S.-licensed satellite operator that has been permitted
to serve the United States pursuant to a Letter of Intent or Petition
for Declaratory Ruling, may modify its U.S. operations under the
procedures set forth in Sec. 25.117(d).
(g) A non-U.S.-licensed satellite operator that has been permitted
to serve the United States pursuant to a Petition for Declaratory
Ruling must notify the Commission if it plans to transfer control or
assign its license to another party, so that the Commission can afford
interested parties an opportunity to comment on whether the proposed
transaction affects any of the considerations we made when we allowed
the satellite operator to enter the U.S. market. If the transferee or
assignee is not licensed by or seeking a license from a country that is
a member of the World Trade Organization for services covered under the
World Trade Organization Basic Telecommunications Agreement, the non-
U.S.-licensed satellite operator will be required to make the showing
described in paragraph (a) of this section.
0
13. Amend Sec. 25.140 by revising paragraph (b) and removing and
reserving paragraphs (c) through (g) to read as follows:
Sec. 25.140 Qualifications of fixed-satellite space station
licensees.
* * * * *
(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, 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; and
(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)).
(c)-(g) [Reserved]
* * * * *
Sec. 25.141 [Amended]
0
14. Amend Sec. 25.141 by removing and reserving paragraph (b).
0
15. Amend Sec. 25.142 by revising paragraph (a)(1), and by removing
and reserving paragraph (a)(4) to read as follows:
Sec. 25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
(a) Space station application requirements. (1) Each application
for a space station system authorization in the non-voice, non-
geostationary mobile-satellite service shall describe in detail the
proposed non-voice, non-geostationary mobile-satellite system, setting
forth all pertinent technical and operational aspects of the system,
and the technical and legal qualifications of the applicant. In
particular, each application shall include the information specified in
Sec. 25.114. Applicants must also file information demonstrating
compliance with all requirements of this section, and showing, based on
existing system information publicly available at the Commission at the
time of filing, that they will not cause unacceptable interference to
any non-voice, non-geostationary mobile-satellite service system
authorized to construct or operate.
* * * * *
(4) [Reserved]
* * * * *
Sec. 25.143 [Amended]
0
16. Amend Sec. 25.143 by removing and reserving paragraphs (b)(3) and
(g).
0
17. Amend Sec. 25.144 by revising paragraph (b) to read as follows:
Sec. 25.144 Licensing provisions for the 2.3 GHz satellite digital
audio radio service.
* * * * *
(b) Milestone requirements. Each applicant for system authorization
in the satellite digital audio radio service must demonstrate within 10
days after a required implementation milestone as specified in the
system authorization,
[[Page 51505]]
and on the basis of the documentation contained in its application,
certify to the Commission by affidavit that the milestone has been met
or notify the Commission by letter that it has not been met. At its
discretion, the Commission may require the submission of additional
information (supported by affidavit of a person or persons with
knowledge thereof) to demonstrate that the milestone has been met. The
satellite DARS milestones are as follows, based on the date of
authorization:
* * * * *
Sec. 25.145 [Amended]
0
18. Amend Sec. 25.145 by removing and reserving paragraph (d).
Sec. 25.146 [Amended]
0
19. Amend Sec. 25.146 by removing and reserving paragraph (i).
0
20. Revise Sec. 25.155 to read as follows:
Sec. 25.155 Mutually exclusive applications.
(a) The Commission will consider applications to be mutually
exclusive if their conflicts are such that the grant of one application
would effectively preclude by reason of harmful electrical
interference, or other practical reason, the grant of one or more other
applications.
(b) An application for an NGSO-like space station license, within
the meaning of Sec. 25.157, will be entitled to comparative
consideration with one or more conflicting applications only if:
(1) The application is mutually exclusive with another NGSO-like
space station 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.
(c) An application for a GSO-like space station license, within the
meaning of Sec. 25.158, will be entitled to comparative consideration
with one or more conflicting applications only if:
(1) The application is mutually exclusive with another GSO-like
space station application; and
(2) The application is received by the Commission in a condition
acceptable for filing at the same millisecond as another GSO-like space
station application with which it is mutually exclusive.
0
21. Amend Sec. 25.156 by adding paragraph (d) to read as follows:
Sec. 25.156 Consideration of applications.
* * * * *
(d)(1) Applications for NGSO-like satellite systems will be
considered pursuant to the procedures set forth in Sec. 25.157.
(2) Applications for GSO-like satellite systems will be considered
pursuant to the procedures set forth in Sec. 25.158.
(3) Applications for NGSO-like satellite and GSO-like systems
employing two or more service bands will be treated like separate
applications for each service band, and each service band request will
be considered pursuant to Sec. 25.157 or Sec. 25.158, as appropriate.
(4) Applications for feeder link authority or intersatellite link
authority will be treated like an application separate from its
associated service band. Each feeder link request or intersatellite
link request will be considered pursuant to the procedure for GSO-like
service or NGSO-like service, as applicable.
(5) In cases where the Commission has not adopted frequency-band
specific service rules, the Commission will not consider NGSO-like
applications after it has granted a GSO-like application, and it will
not consider GSO-like applications after it has granted an NGSO-like
application, unless and until the Commission establishes NGSO/GSO
sharing criteria for that frequency band. In the event that the
Commission receives NGSO-like applications and GSO-like applications at
the same time, and the Commission has not adopted sharing criteria in
that band, the Commission will divide the spectrum between GSO-like and
NGSO-like licensees based on the proportion of qualified GSO-like and
NGSO-like applicants.
(6) An application for DBS or DARS services will be entitled to
comparative consideration with one or more conflicting applications
only if:
(i) The application is mutually exclusive with another application;
and
(ii) The application is received by the Commission in a condition
acceptable for filing by the ``cut-off'' date specified in a public
notice.
0
22. Add Sec. 25.157 to read as follows:
Sec. 25.157 Consideration of NGSO-like satellite applications.
(a) This section specifies the Commission's procedures for
considering license applications for ``NGSO-like satellite systems.''
For purposes of this section, the term ``NGSO-like satellite system''
is defined as:
(1) All NGSO satellite systems, and
(2) All GSO MSS satellite systems, in which the satellites are
designed to communicate with earth stations with omni-directional
antennas.
(b) Each NGSO-like satellite system application will be reviewed to
determine whether it is acceptable for filing within the meaning of
Sec. 25.112. Any application that is not acceptable for filing would
be returned to the applicant.
(c) Each NGSO-like satellite system application that is acceptable
for filing will be reviewed to determine whether it is a ``competing
application,'' i.e., filed in response to a public notice initiating a
processing round, or a ``lead application,'' i.e., all other NGSO-like
satellite system applications.
(1) Competing applications that are acceptable for filing will be
placed on public notice to provide interested parties an opportunity to
file pleadings in response to the application pursuant to Sec. 25.154.
(2) Lead applications that are acceptable for filing will be placed
on public notice. This public notice will initiate a processing round,
establish a cut-off date for competing NGSO-like satellite system
applications, and provide interested parties an opportunity to file
pleadings in response to the application pursuant to Sec. 25.154.
(d) After review of each of the applications in the processing
round, and all the pleadings filed in response to each application, the
Commission will grant all the applications that meet the standards of
Sec. 25.156(a), and deny the other applications.
(e)(1) In the event that there is insufficient spectrum in the
frequency band available to accommodate all the qualified applicants in
a processing round, the available spectrum will be divided equally
among the licensees whose applications are granted pursuant to
paragraph (d) of this section, except as set forth in paragraph (e)(2)
or (e)(3) of this section.
(2) In cases where there are only one or two applications in a
processing round granted pursuant to paragraph (d) of this section,
each applicant will be assigned 1/3 of the available spectrum, and the
remaining spectrum will be made available to other licensees in an
additional processing round pursuant to paragraph (c) of this section.
(3) In cases where there are three or more applications in a
processing round granted pursuant to paragraph (d) of this section, and
one or more applicants apply for less spectrum than they would be
warranted under paragraph (e)(1) of this section, those applicants will
be assigned the bandwidth amount they requested in their applications.
In those cases, the remaining qualified applicants will be assigned the
lesser of the amount of spectrum they requested in their applications
and the amount spectrum that they would be assigned if the available
spectrum were divided
[[Page 51506]]
equally among the remaining qualified applicants.
(f)(1) Each licensee will be allowed to select the particular band
segment it wishes to use no earlier than 60 days before they plan to
launch the first satellite in its system, and no later than 30 days
before that date, by submitting a letter to the Secretary of the
Commission. The licensee shall serve copies of this letter to the other
participants in the processing round pursuant to Sec. 1.47 of this
chapter.
(2) The licensee shall request contiguous bandwidth in both the
uplink and downlink band. Each licensee's bandwidth selection in both
the uplink and downlink band shall not preclude other licensees from
selecting contiguous bandwidth.
(3) If two or more licensees in a processing round request the same
band segment, all licensees other than the first one to request that
particular band segment will be required to make another selection.
(g)(1) In the event that an applicants' license is cancelled for
any reason, the Commission will redistribute the bandwidth allocated to
that applicant equally among the remaining applicants whose licenses
were granted concurrently with the cancelled license, unless the
Commission determines that such a redistribution would not result in a
sufficient number of licensees remaining to make reasonably efficient
use of the frequency band.
(2) In the event that the redistribution of bandwidth set forth in
paragraph (g)(1) of this section would not result in a sufficient
number of licensees remaining to make reasonably efficient use of the
frequency band, the Commission will issue a public notice initiating a
processing round, as set forth in paragraph (c) of this section, to
invite parties to apply for an NGSO-like satellite system license to
operate in a portion of the bandwidth made available as a result of the
cancellation of the initial applicant's license. Parties already
holding licenses to operate an NGSO-like satellite system in that
frequency band will not be permitted to participate in that processing
round.
(3) There is a presumption that three satellite licensees in a
frequency band are sufficient to make reasonably efficient use of the
frequency band.
(h) Services offered pursuant to an NGSO-like license in a
frequency band granted before the Commission has adopted frequency-
band-specific service rules for that band will be subject to the
default service rules in Sec. 25.217.
0
23. Add Sec. 25.158 to read as follows:
Sec. 25.158 Consideration of GSO-like satellite applications.
(a) This section specifies the Commission's procedures for
considering license applications for ``GSO-like satellite systems.''
For purposes of this section, the term ``GSO-like satellite system'' is
defined as a GSO satellite designed to communicate with earth stations
with directional antennas. Examples of GSO-like satellite systems are
those which use earth stations with antennas with directivity towards
the satellites, such as FSS, and MSS feeder links which use GSO
satellites. GSO-like satellite systems are satellite systems that are
not NGSO-like satellite systems within the meaning of Sec. 25.157(a).
(b) Applications for GSO-like satellite system licenses will be
placed in a queue and considered in the order that they are filed,
pursuant to the following procedure:
(1) The application will be reviewed to determine whether it is
acceptable for filing within the meaning of Sec. 25.112. If not, the
application will be returned to the applicant.
(2) If the application is acceptable for filing, the application
will be placed on public notice pursuant to Sec. 25.151, and
interested parties will be given an opportunity to file pleadings
pursuant to Sec. 25.154.
(3) The application will be granted only if it meets each of the
following criteria:
(i) After review of the application and any pleadings filed in
response to that application, the Commission finds that the application
meets the standards of Sec. 25.156(a); and
(ii) The proposed satellite will not cause harmful interference to
any previously licensed operations.
(c) An applicant for a GSO-like satellite system license is not
allowed to transfer, assign, or otherwise permit any other entity to
assume its place in any queue.
(d) In the event that two or more GSO-like satellite system license
applications are mutually exclusive within the meaning of Sec.
25.155(c), the Commission will consider those applications pursuant to
the following procedure:
(1) Each application will be reviewed to determine whether it is
acceptable for filing within the meaning of Sec. 25.112. Any
application not found acceptable for filing will be returned to the
applicant.
(2) All applications that are acceptable for filing will be placed
on public notice pursuant to Sec. 25.151, and interested parties will
be given an opportunity to file pleadings pursuant to Sec. 25.154.
(3) Each application will be granted if it meets the criteria of
paragraph (b)(3) of this section, and otherwise will be denied.
(4) In the event that two or more applications are granted pursuant
to paragraph (d)(3) of this section, the available bandwidth at the
orbital location or locations in question will be divided equally among
those licensees.
(5) Licensees whose licenses are granted pursuant to paragraph
(d)(4) of this section will be allowed to select the particular band
segment it wishes to use no earlier than 60 days before they plan to
launch the first satellite in its system, and no later than 30 days
before that date, by submitting a letter to the Secretary of the
Commission. The licensee shall serve copies of this letter to the other
participants in the processing round pursuant to Sec. 1.47 of this
chapter.
(6) Licensees whose licenses are granted pursuant to paragraph
(d)(4) of this section shall request contiguous bandwidth in both the
uplink and downlink band. Each licensee's bandwidth selection shall not
preclude other licensees from selecting contiguous bandwidth.
(7) If two or more licensees whose licenses are granted pursuant to
paragraph (d)(4) of this section request the same band segment, all
licensees other than the first one to request that particular band
segment will be required to make another selection.
(e) Services offered pursuant to a GSO-like license in a frequency
band granted before the Commission has adopted frequency-band-specific
service rules for that band will be subject to the default service
rules in Sec. 25.217.
0
24. Add Sec. 25.159 to read as follows:
Sec. 25.159 Limits on pending applications and unbuilt satellite
systems.
(a) Applicants with a total of five applications for GSO-like space
station licenses on file with the Commission in a particular frequency
band, or a total of five licensed-but-unbuilt GSO-like space stations
in a particular frequency band, or a combination of pending GSO-like
applications and licensed-but-unbuilt GSO-like space stations in a
particular frequency band that equals five, will not be permitted to
apply for another GSO-like space station license in that frequency
band.
(b) Applicants with an application for one NGSO-like satellite
system license on file with the Commission in a particular frequency
band, or one licensed-but-unbuilt NGSO-like satellite system in a
particular frequency band, will not be permitted to apply for
[[Page 51507]]
another NGSO-like satellite system license in that frequency band.
(c) If an applicant has an attributable interest in one or more
other entities seeking one or more space station licenses, the pending
applications and licensed-but-unbuilt satellite systems filed by those
other entities will be counted as filed by the applicant for purposes
of the limits on the number of pending space station applications and
licensed-but-unbuilt satellite systems in this paragraph. For purposes
of this paragraph, an applicant has an ``attributable interest'' in
another entity if:
(1) It holds equity (including all stockholdings, whether voting or
nonvoting, common or preferred) and debt interest or interests, in the
aggregate, exceed thirty-three (33) percent of the total asset value
(defined as the aggregate of all equity plus all debt) of that entity,
or
(2) It holds a controlling interest in that entity, or is the
subsidiary of a party holding a controlling interest in that entity,
within the meaning of 47 CFR 1.2110(b)(2).
(3) For purposes of paragraphs (c)(1) and (c)(2) of this section,
ownership interests shall be calculated on a fully diluted basis, i.e.,
all agreements, such as warrants, stock options, and convertible
debentures, will generally be treated as if the rights thereunder
already have been fully exercised.
(d) In the event that a licensee misses three or more milestones
within any three-year period, the Commission will presume that the
licensee obtained one or more of those licenses for speculative
purposes. Unless the licensee rebuts this presumption, it will not be
permitted to apply for a GSO-like satellite or an NGSO-like satellite
system in any frequency band if it has two or more satellite
applications pending, or two licensed-but-unbuilt satellite systems of
any kind. This limit will remain in effect until the licensee provides
adequate information to demonstrate that it is very likely to construct
its licensed facilities if it were allowed to file more applications.
(e) For purposes of this section, ``frequency band'' means one of
the paired frequency bands available for satellite service listed in
Sec. 25.202.
0
25. Amend Sec. 25.161 by revising paragraph (a) to read as follows:
Sec. 25.161 Automatic termination of station authorization.
* * * * *
(a)(1) Failure to meet any applicable milestone for implementation
of the licensed satellite system specified in Sec. Sec. 25.164(a) and/
or (b), without demonstrating that the failure was caused by
circumstances beyond the licensee's control, or
(2) If there are no applicable milestones for implementation of the
licensed satellite system specified in Sec. Sec. 25.164(a) and/or (b),
the expiration of the required date of completion of construction or
other required action specified in the authorization, or after any
additional time authorized by the Commission, if a certification of
completion of the required action has not been filed with the
Commission unless a request for an extension of time has been filed
with the Commission but has not been acted on.
* * * * *
0
26. Add Sec. 25.164 to subpart B to read as follows:
Sec. 25.164 Milestones.
(a) Licensees of geostationary orbit satellite systems other than
DBS and DARS satellite systems, including GSO MSS satellite systems,
licensed on or after August 27, 2003 will be required to comply with
the schedule set forth in paragraphs (a)(1) through (a)(4) of this
section in implementing their satellite systems, unless a different
schedule is established by Title 47, Chapter I, or by Commission Order,
or by Order adopted pursuant to delegated authority. These dates are to
be measured from the date the license is issued.
(1) One year: Enter into a binding non-contingent contract to
construct the licensed satellite system.
(2) Two years: Complete the critical design review of the licensed
satellite system.
(3) Three years: Begin the construction of the satellite.
(4) Five years: Launch and operate the satellite.
(b) Licensees of non-geostationary orbit satellite systems other
than DBS and DARS satellite systems licensed on or after September 11,
2003, will be required to comply with the schedule set forth in
paragraphs (b)(1) through (b)(5) of this section in implementing their
satellite systems, unless a different schedule is established by Title
47, Chapter I, or by Commission Order, or by Order adopted pursuant to
delegated authority. These dates are to be measured from the date the
license is issued.
(1) One year: Enter into a binding non-contingent contract to
construct the licensed satellite system.
(2) Two years: Complete the critical design review of the licensed
satellite system.
(3) Two years, six months: Begin the construction of the first
satellite in the licensed satellite system.
(4) Three years, six months: Launch and operate the first satellite
in the licensed satellite system.
(5) Six years: Bring all the satellites in the licensed satellite
system into operation.
(c) Licensees of all satellite systems, other than DBS and DARS
satellite systems, licensed on or after September 11, 2003, will be
required to submit a copy of their binding non-contingent contract with
the Commission on or before the date scheduled for entering into such a
contract.
(d) Licensees of all satellite systems, other than DBS and DARS
satellite systems, licensed on or after September 11, 2003, will be
required to submit information to the Commission sufficient to
demonstrate that the licensee has completed the critical design review
of the licensed satellite system on or before the date scheduled for
entering into such completion.
(e) Licensees of all satellite systems, other than DBS and DARS
satellite systems, licensed on or after September 11, 2003, will be
required to submit information to the Commission sufficient to
demonstrate that the licensee has commenced physical construction of
its licensed spacecraft on or before the date scheduled for such
commencement.
(f) In cases where the Commission grants a satellite authorization
in different stages, such as a license for a satellite system using
feeder links or intersatellite links, the earliest of the milestone
schedules shall be applied to the entire satellite system.
0
27. Add Sec. 25.165 to subpart B to read as follows:
Sec. 25.165 Posting of bonds.
(a) For all satellite licenses other than DBS and DARS licenses
issued after September 11, 2003, the licensee is required to post a
bond within 30 days of the grant of its license. Failure to post the
required bond will render the license null and void automatically.
(1) NGSO-like licensees are required to post a bond in the amount
of $7.5 million.
(2) GSO-like licensees are required to post a bond in the amount of
$5 million.
(b) The licensee must use a surety company deemed acceptable within
the meaning of 31 U.S.C. 9304 et seq. (See, e.g., Department of
Treasury Fiscal Service, Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and As Acceptable Reinsurance
Companies, 57 FR 29356, July 1, 1992.) The bond must name the U.S.
Treasury as beneficiary in the event of the licensee's default. The
licensee must provide the Commission with a
[[Page 51508]]
copy of the performance bond, including all details and conditions.
(c) A licensee will be considered to be in default if it fails to
meet any milestone deadline set forth in Sec. 25.164, and, at the time
of milestone deadline, the licensee has not provided a sufficient basis
for extending the milestone.
(d) An NGSO-like licensee will be permitted to reduce the amount of
the bond by 20 percent of the original bond amount upon successfully
meeting a milestone deadline set forth in Sec. 25.164(b). A GSO-like
licensee will be permitted to reduce the amount of the bond by 25
percent of the original bond amount upon successfully meeting a
milestone deadline set forth in Sec. 25.164(a).
0
28. Amend Sec. 25.210 by removing and reserving paragraphs (e) and
(g), and revising paragraph (f) to read as follows:
Sec. 25.210 Technical requirements for space stations in the Fixed-
Satellite Service.
* * * * *
(e) [Reserved]
(f) All space stations in the Fixed Satellite Service in the 3600-
3700 MHz, 3700-4200 MHz, 5091-5250 MHz, 5825-5925 MHz, 5925-6425 MHz,
6425-6525 MHz, 6525-6700 MHz, 6700-7025 MHz, 10.7-10.95 GHz, 10.95-11.2
GHz, 11.2-11.45 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz, 12.2-12.7 GHz,
12.75-13.15 GHz, 13.15-13.2125 GHz, 13.2125-13.25 GHz, 13.75-14.0 GHz,
14.0-14.5 GHz and 15.43-15.63 GHz bands shall employ state-of-the-art
full frequency reuse either through the use of orthogonal polarizations
within the same beam and/or the use of spatially independent beams.
(g) [Reserved]
* * * * *
0
29. Add Sec. 25.217 to subpart C to read as follows:
Sec. 25.217 Default service rules.
(a) The technical rules in this section apply only to licenses to
operate a satellite system in a frequency band granted after a domestic
frequency allocation has been adopted for that frequency band, but
before any frequency-band-specific service rules have been adopted for
that frequency band.
(b)(1) For all NGSO-like satellite licenses for which the
application was filed pursuant to the procedures set forth in Sec.
25.157 after August 27, 2003, authorizing operations in a frequency
band for which the Commission has not adopted frequency band-specific
service rules at the time the license is granted, the licensee will be
required to comply with the following technical requirements,
notwithstanding the frequency bands specified in these rule provisions:
Sec. Sec. 25.142(d), 25.143(b)(2)(ii), 25.143(b)(2)(iii), 25.204(g),
25.210(c), 25.210(d), 25.210(f), 25.210(i), 25.210(k), and 25.210(l).
(2) In addition to the requirements set forth in paragraph (b)(1)
of this section, the Commission will coordinate with the National
Telecommunications and Information Administration (NTIA) regarding the
operations of any licensees authorized to operate in a shared
government/non-government frequency band, pursuant to the procedure set
forth in Sec. 25.142(b)(2)(ii).
(3) Earth station licensees authorized to operate with one or more
space stations described in paragraph (b)(1) of this section shall
comply with the requirements in Sec. 25.136. In addition, earth
station licensees authorized to operate with one or more space stations
described in paragraph (b)(1) of this section in frequency bands shared
with terrestrial wireless services shall comply with the requirements
in Sec. 25.203(c).
(c)(1) For all GSO-like satellite licenses for which the
application was filed pursuant to the procedures set forth in Sec.
25.158 after August 27, 2003, authorizing operations in a frequency
band for which the Commission has not adopted frequency band-specific
service rules at the time the license is granted, the licensee will be
required to comply with the following technical requirements,
notwithstanding the frequency bands specified in these rule provisions:
Sec. Sec. 25.142(d), 25.143(b)(2)(iv), 25.204(g), 25.210(c),
25.210(d), 25.210(f), 25.210(i), 25.210(j), 25.210(k), and 25.210(l).
(2) In addition to the requirements set forth in paragraph (c)(1)
of this section, the Commission will coordinate with the National
Telecommunications and Information Administration (NTIA) regarding the
operations of any licensees authorized to operate in a shared
government/non-government frequency band, pursuant to the procedure set
forth in Sec. 25.142(b)(2)(ii).
(3) Earth station licensees authorized to operate with one or more
space stations described in paragraph (c)(1) of this section shall
comply with the earth station antenna performance verification
requirements in Sec. 25.132, and the antenna gain pattern requirements
in Sec. Sec. 25.209(a) and (b). In addition, earth station licensees
authorized to operate with one or more space stations described in
paragraph (c)(1) of this paragraph in frequency bands shared with
terrestrial wireless services shall comply with the requirements in
Sec. 25.203(c).
(4) In addition to the requirements set forth in paragraph (c)(3)
of this section, earth station licensees with a gain equivalent or
higher than the gain of a 1.2 meter antenna operating in the 14.0-14.5
GHz band, authorized to operate with one or more space stations
described in paragraph (c)(1) of this paragraph in frequency bands
greater than 14.5 GHz shall be required to comply with the antenna
input power density requirements set forth in Sec. 25.212(c).
(d) Applicants requesting authorization of a satellite subject to
paragraphs (b) or (c) of this section must submit a narrative statement
describing the debris mitigation design and operational strategies, if
any, that they will use. Applicants are specifically required to submit
a casualty risk assessment if planned post-mission disposal involves
atmospheric re-entry of the spacecraft.
(e) In the event that the Commission adopts frequency band-specific
service rules for a particular frequency band after it has granted one
or more space station or earth station licenses for operations in that
frequency band, those licensees will be required to come into
compliance with the frequency band-specific service rules within 30
days of the effective date of those rules, unless otherwise specified
by either Commission or Bureau Order.
[FR Doc. 03-21649 Filed 8-26-03; 8:45 am]
BILLING CODE 6712-01-P