[Federal Register: November 3, 2003 (Volume 68, Number 212)]
[Rules and Regulations]
[Page 62247-62249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no03-16]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket Nos. 02-34, 00-248, and 96-111, FCC 03-128]
Satellite Licensing Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission adopts a procedure that will
give operators the flexibility to operate satellites in their fleets at
any one of their orbit locations assigned to their fleet without
individual prior Commission approval. The Commission also relaxes a
licensing requirement for receive-only earth stations accessing certain
foreign-licensed satellites. These actions are necessary to provide
U.S.-licensed and non-U.S.-licensed satellite operators authorized to
provide service to the United States more flexibility to meet their
customers' needs.
DATES: This final rule contains information collection requirements
that have not been approved by OMB. The Federal Communications
Commission will publish a document in the Federal Register announcing
the effective date of these amendments.
FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Attorney Advisor,
Satellite Division, International Bureau, telephone (202) 418-1539 or via the Internet at steven.spaeth@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order, IB Docket Nos. 02-34, 00-248, and 96-111, FCC 03-128,
adopted June 4, 2003, and released June 20, 2003. The complete text of
this Second 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 Second
Report and Order have been analyzed with respect to the Paperwork
Reduction Act of 1995 (PRA), Public Law No. 104-13, and found to impose
new reporting requirements or burdens on the public. Implementation of
these new or modified reporting and recordkeeping requirements will be
subject to approval by the Office of Management and Budget (OMB) as
prescribed by the PRA.
Summary of Report and Order: In this document, the Commission
adopts a streamlined procedure for certain modifications of space
station licenses, which it refers to as ``Fleet Management''
modifications. A space station operator may modify its license without
prior authorization, but upon 30 days prior notice to the Commission
and any potentially affected licensed spectrum user, provided that the
operator meets the following requirements: (1) The space station
licensee will relocate a Geostationary Satellite Orbit (GSO) space
station to another orbit location that is assigned to that licensee;
(2) the relocated space station licensee will operate with the same
technical parameters as the space station initially assigned to that
location, or within the original satellite's authorized and/or
coordinated parameters; (3) the space station licensee certifies that
it will comply with all the conditions of its original license and all
applicable rules after the relocation; (4) the space station licensee
certifies that it will comply with all applicable coordination
agreements at the newly occupied orbital location; (5) the space
station licensee certifies that it has completed any necessary
coordination of its space station at the new location with other
potentially affected space station operators; (6) the space station
licensee certifies that it will limit operations of the space station
to Tracking, Telemetry, and Control (TT&C) functions during the
relocation and satellite drift transition period; and (7) the space
station licensee certifies that the relocation of the space station
does not result in a lapse of service for any current customer. The
Commission also adopts rules to allow earth station operators that need
to modify their licenses to repoint their antennas in response to a
satellite Fleet Management modification to do so on a streamlined
basis. Finally, the Commission extends its Fleet Management
modification rules to non-U.S.-licensed satellites.
In addition, the Commission relaxes a licensing requirement for
certain receive-only earth stations. Historically, receive-only earth
stations receiving from non-U.S.-licensed satellites were required to
be licensed. Under the rule revisions adopted here, receive-only
[[Page 62248]]
earth stations receiving from non-U.S.-licensed satellites authorized
to provide service to the United States because they have been placed
on the Permitted List are no longer required to be licensed. For more
on the Permitted List, see 64 FR 61791, Nov. 15, 1999.
Regulatory Flexibility Analysis: Final Regulatory Flexibility
Certification. The Regulatory Flexibility Act of 1980, as amended
(RFA)\1\ requires that a regulatory flexibility analysis be prepared
for rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' \2\ The RFA generally defines ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \3\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\4\ 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).\5\
---------------------------------------------------------------------------
\1\ The RFA, see 5 U.S.C. 601 et seq., has been amended by the
Contract With America Advancement Act of 1996, Pub. L. No. 104-121,
110 stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
\2\ 5 U.S.C. 605(b).
\3\ 5 U.S.C. 601(6).
\4\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in Small Business Act, 15 U.S.C. 632).
\5\ Small Business Act, 15 U.S.C. 632.
---------------------------------------------------------------------------
In this Second Report and Order in IB Docket No. 02-34, the
Commission adopts a streamlined procedure for space station license
modification applications. The effect of these rule revisions is to
reduce the administrative burdens associated with requesting space
station modifications. In this Second Report and Order in IB Docket No.
00-248, the Commission eliminates a licensing requirement for certain
receive-only earth stations. This will reduce the administrative
burdens of those receive-only earth station owners. We expect that
these changes will be minimal and positive. Therefore, we certify that
the requirements of these Second Reports and Orders will not have a
significant economic impact on a substantial number of small entities.
The Commission will send a copy of the Second Reports and Orders,
including a copy of this final certification, in a report to Congress
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In
addition, the Second Reports and Orders and this certification will be
sent to the Chief Counsel for Advocacy of the Small Business
Administration, and will be published in the Federal Register. See 5
U.S.C. 605(b).
Ordering Clauses
Accordingly, it is ordered, pursuant to Sections 4(i), 7(a), 11,
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g),
303(r), that this Second Report and Order is hereby adopted.
It is further ordered that Part 25 of the Commission's rules is
amended as set forth below. These rule revisions contain new or
modified information collections that have not been approved by OMB.
The Commission will publish a document in the Federal Register
announcing the effective date of these rules.
It is further ordered that the revisions to part 25 adopted in this
Second Report and Order and set forth below are contingent upon
approval by the Office of Management and Budget.
It is further ordered that the Consumer Information Bureau,
Reference Information Center, shall send a copy of this Order,
including the Final Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the Small Business Administration.
It is further ordered, pursuant to Sec. 0.261(a)(15) and Sec. 1.2
of the Commission's rules, 47 CFR 0.261(a)(15), 1.2, that the Motion
for Clarification and Declaratory Ruling filed by Home Box Office on
January 4, 2000, is denied in part, to the extent indicated above.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. 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
2. Amend Sec. 25.117 by revising paragraph (d)(1) and adding (d)(3),
to read as follows:
Sec. 25.117 Modification of station license.
* * * * *
(d)(1) Except as set forth in Sec. 25.118(e), applications for
modifications of space station authorizations shall be filed in
accordance with Sec. 25.114, but only those items of information
listed in Sec. 25.114 that change need to be submitted, provided the
applicant certifies that the remaining information has not changed.
* * * * *
(3) In the event that a space station licensee provides
notification of a planned license modification pursuant to Sec.
25.118(e), and the Commission finds that the proposed modification does
not meet the requirements of Sec. 25.118(e), the Commission will issue
a public notice announcing that the proposed license modification will
be considered pursuant to the procedure specified in paragraphs (d)(1)
and (d)(2) of this section.
* * * * *
0
3. Amend Sec. 25.118 by adding paragraph (c)(6), revising paragraph
(d) and adding paragraph (e) to read as follows:
Sec. 25.118 Modifications not requiring prior authorization.
* * * * *
(c) * * *
(6) Earth station operators may change their points of
communication without prior authorization, provided that the change
results from a space station license modification described in
paragraph (e) of this section, and the earth station operator does not
repoint its antenna.
(d) Earth station licensees must notify the Commission using FCC
Form 312 within 30 days after a modification described in paragraph (c)
of this section is completed.
(e) Space Station Modifications. A space station operator other
than a Direct Broadcast Service (DBS) or a Digital Audio Radio Service
(DARS) satellite operator may modify its license without prior
authorization, but upon 30 days prior notice to the Commission and any
potentially affected licensed spectrum user, provided that the operator
meets the following requirements:
(1) The space station licensee will relocate a Geostationary
Satellite Orbit (GSO) space station to another orbit location that is
assigned to that licensee;
(2) The relocated space station licensee will operate with the same
technical parameters as the space station initially assigned to that
location, or within the original satellite's authorized and/or
coordinated parameters;
[[Page 62249]]
(3) The space station licensee certifies that it will comply with
all the conditions of its original license and all applicable rules
after the relocation;
(4) The space station licensee certifies that it will comply with
all applicable coordination agreements at the newly occupied orbital
location;
(5) The space station licensee certifies that it has completed any
necessary coordination of its space station at the new location with
other potentially affected space station operators;
(6) The space station licensee certifies that it will limit
operations of the space station to Tracking, Telemetry, and Control
(TT&C) functions during the relocation and satellite drift transition
period; and
(7) The space station licensee certifies that the relocation of the
space station does not result in a lapse of service for any current
customer.
0
4. Amend Sec. 25.131 by revising paragraphs (b) and (j) to read as
follows:
Sec. 25.131 Filing requirements for receive-only earth stations.
* * * * *
(b) Except as provided in paragraph (j) of this section, receive-
only earth stations in the fixed-satellite service that operate with
U.S.-licensed satellites may be registered with the Commission in order
to protect them from interference from terrestrial microwave stations
in bands shared co-equally with the fixed service in accordance with
the procedures of Sec. Sec. 25.203 and 25.251.
* * * * *
(j)(1) Except as set forth in paragraph (j)(2) of this section,
receive-only earth stations operating with non-U.S. licensed space
stations shall file an FCC Form 312 requesting a license or
modification to operate such station.
(2) Receive-only earth stations used to receive transmissions from
non-U.S.-licensed space stations on the Permitted Space Station List
need not file for licenses, provided that:
(i) The earth station antenna meets the antenna performance
standards set forth in Sec. Sec. 25.209(a) and (b), and
(ii) The space station operator and earth station operator comply
with all applicable rules set forth in this chapter, and the conditions
on the Permitted Space Station List applicable to that space station.
0
5. Amend Sec. 25.137 by revising paragraph (f) to read as follows:
Sec. 25.137 Application requirements for earth stations operating
with non-U.S. licensed space stations.
* * * * *
(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). In addition, a non-U.S.-
licensed satellite operator that has been permitted to serve the United
States pursuant to a Petition for Declaratory Ruling, may modify its
U.S. operations under the procedures set forth in Sec. 25.118(e).
[FR Doc. 03-27217 Filed 10-31-03; 8:45 am]
BILLING CODE 6712-01-P