[Federal Register: April 20, 2005 (Volume 70, Number 75)]
[Proposed Rules]
[Page 20508-20512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap05-21]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 05-02; FCC 05-14]
Service Rules and Procedures To Govern the Use of Aeronautical
Mobile Satellite Service Earth Stations in Frequency Bands Allocated to
the Fixed Satellite Service
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Communications Commission (FCC) proposes and seeks
comment on a regulatory framework for licensing the operation of
Aeronautical Mobile Satellite Service (AMSS) systems to communicate
with fixed-satellite service (FSS) networks in the Ku-Band frequencies.
Aircraft Earth stations (AES) in the AMSS can be used to provide
broadband telecommunications services on passenger, government, and
executive/private aircraft. This Notice of Proposed Rulemaking (NPRM)
also seeks comments on licensing methods for AES terminals that will
minimize the burdens upon applicants and licensees, while maintaining
operational limitations necessary to avoid harmful interference.
DATES: Comments are due on or before July 5, 2005, and reply comments
are due on or before August 3, 2005.
ADDRESSES: All comments should be addressed to the Office of the
Secretary, Federal Communications Commission, 445 Twelfth Street, SW.,
Washington, DC 20554. In addition to filing comments with the
Secretary, a copy of any Paperwork Reduction Act (PRA) comments on the
information collection(s) proposed herein should be submitted to Judith
B. Herman, Federal Communications Commission, Room 1-C804, 445 12th
Street, SW., Washington, DC 20554, or via the Internet to
Judith-B.Herman@fcc.gov, and to Kristy L. LaLonde, OMB Desk Officer, Room
10234 NEOB, 725 17th Street, NW., Washington, DC 20503 via the Internet
to Kristy_L._LaLonde@omb.eop.gov or by fax to 202-395-5167.
Electronic comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). Comments filed though the ECFS can be
sent as an electronic file via Internet to http://www.fcc.gov/cgb/ecfs/.
All other filings must be sent to the Office of the Secretary,
Federal Communications Commission, 445 12th St., SW., Room TW-B204,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Arthur Lechtman, (202) 418-1465,
Satellite Division, International Bureau, Federal Communications
Commission, Washington, DC 20554. For additional information concerning
the information collection(s) contained in this document, contact
Judith B. Herman at 202-418-0214, or via the Internet at
Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) IB Docket No. 05-20, FCC 05-14, adopted
January 18, 2005, released on February 9, 2005, and corrected by
erratum on February 18, 2005. The full text of the Second Report and
Order is available for public inspection and copying during regular
business hours at the FCC Reference Information Center, Portals II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554. This document may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-
5563, or via e-mail FCC@BCPIWEB.com. This NPRM may contain proposed new
information collections subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. The PRA implications of the Aeronautical
Mobile Satellite Service (AMSS) NPRM are unknown at this time. We are
seeking comment from the public on the regulatory framework for AMSS.
The comments from the public will impact the PRA requirements of the
new AMSS service. Therefore, we plan to address the PRA issues during
the final stage of the rulemaking.
The Commission, as part of its continuing effort to reduce
paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. Public and agency comments
are due June 20, 2005. Comments should address: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
Summary of Notice of Proposed Rulemaking
1. On February 9, 2005, the Commission released the Notice of
Proposed Rulemaking (``NPRM'') in the Aeronautical Mobile Satellite
Service proceeding (IB Docket No. 05-20). In this NPRM, the Commission
makes proposals and seeks comment on a regulatory framework for
licensing the operation of Aeronautical Mobile Satellite Service (AMSS)
systems to communicate with fixed-satellite service (FSS) networks in
the Ku-Band frequencies. (For purposes of this NPRM, the
``conventional'' Ku-band refers to frequencies in the 11.7-12.2 GHz
(downlink) and 14.0-14.5 GHz (uplink) bands and excludes the so-called
``extended Ku-band'' at 12.75-13.25 GHz, 13.75-14.0 GHz, 10.7-10.95
GHz, 10.95-11.2 GHz, 11.2-11.45 GHz, and 11.45-11.7 GHz. The
``conventional'' Ku-bands are allocated on a primary basis to the FSS.
See
[[Page 20509]]
generally 47 CFR 2.106). Aircraft Earth stations (AES) in the AMSS can
be used to provide broadband telecommunications services on passenger,
government, and executive/private aircraft. The Commission's goal is to
promote more efficient use of the spectrum while protecting and
providing regulatory certainty to the existing primary allocations,
including the fixed satellite service (FSS) operators, and sharing
spectrum with other secondary operations in these frequency bands,
including government space research (SRS) stations. The Commission's
proposals would enable important new communications services to be
provided to crew and passengers on board aircraft. They would also
protect existing terrestrial FS and FSS operations from harmful
interference from AMSS stations and allow for future growth of FS and
FSS networks. With regard to the secondary government space research
stations and radio astronomy operations in parts of the Ku-Band, the
Commission's proposals would provide protection to existing and
accommodate future stations of these national assets. The proposals
also seek to establish a regulatory scheme that could enable foreign-
licensed AES terminals to operate in the United States airspace without
causing harmful interference to domestic operations.
2. The NPRM seeks comment on a number of spectrum allocation issues
concerning AES uplinks in the 14.0-14.5 GHz band and downlinks in the
11.7-12.2 GHz band. The Commission also asks for comment on whether
AMSS operations should be permitted on a non-protected basis in
portions of the ``extended'' Ku-band (10.95-11.2 and 11.45-11.7 GHz
bands). Space research services (for both Federal and non-Federal
government use) are allocated to the 14.0-14.2 GHz sub-band on a
secondary basis. The Commission recognizes the importance of protecting
these space research facilities from receiving harmful interference,
and seeks comment on a proposal that, as a prerequisite to licensing,
AMSS operations in the 14.0-14.5 GHz band be coordinated with the
National Telecommunications and Information Administration (NTIA) to
resolve any potential concerns regarding space research facilities. The
Commission also seeks comment on a coordination process with respect to
future NASA Tracking and Data Relay Satellite System (``TDRSS'') sites
in the space research service.
3. The Radio Astronomy Service (RAS) is allocated on a secondary
basis internationally in the 14.47-14.5 GHz band, and pursuant to
footnote US203 of the U.S. Table of Frequency Allocations, radio
astronomy observations of the formaldehyde line frequencies are
permitted in this band at certain sites. The Commission recognizes the
importance of radio astronomy for studying the universe and realizes
that ubiquitous airborne AES terminals have the potential to interfere
significantly with RAS sites on the ground. With this is in mind, the
Commission proposes that, as a prerequisite to licensing, AMSS
operations in the 14.0-14.5 GHz band be coordinated with the NTIA to
resolve any potential concerns regarding radio astronomy facilities.
The Commission seeks comment on this proposal and on whether, and if so
how, AMSS licensees should coordinate their operations with future RAS
sites.
4. The Commission proposes to require AMSS operators to protect FSS
incumbents through limits on off-axis effective isotropically radiated
power density and to cease operations if the AES antenna malfunctions
or otherwise causes harmful interference to FSS networks. In addition,
the Commission proposes footnotes to the U.S. Table of Frequency
Allocations to recognize AMSS as an application of the FSS with
secondary status in the uplink/transmit band and primary status in the
downlink/receive band. The Commission also proposes to require AMSS
operators to collect and maintain aircraft tracking data to assist in
identifying and resolving sources of interference. The Commission also
seeks comment on methods for system licensing (consisting of AMSS hub
stations and/or blanket licensing for AES earth stations) in order to
give Ku-band AMSS operators greater flexibility in structuring their
operations. Finally, the Commission proposes a regulatory framework
that would enable foreign-licensed AESs to operate in the United States
airspace without causing harmful interference to domestic operations.
5. The proposed licensing procedures described above for Ku-band
AMSS reflect the Commission's interest in providing regulatory
certainty to both new and incumbent operators in the Ku frequency band.
The proposals set forth in this NPRM are designed to: (1) Address
existing government, space research, RAS, and FSS operations that may
be affected by AES terminals; (2) allow for future growth of FSS
networks; (3) establish rules and a regulatory framework that minimize
the regulatory burden on AMSS licensees to the extent possible; (4)
promote more efficient use of the spectrum by permitting new uses of
the band by AES terminals, thereby enabling important new
communications services to be provided to consumers on board aircraft.
The Commission seeks comment on each of the matters set forth above.
Procedural Matters
Ex Parte Presentations
This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. Other rules pertaining to
oral and written presentations are set forth in Sec. 1.1206(b) of the
Commission's rules as well.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980 (RFA), see 5
U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), Pub. Law n. 104-121, Title II, 110 Stat.
857 (1996), and 5 U.S.C. 605(b), the Commission has prepared this
present Initial Regulatory Flexibility Analysis (IRFA) of the possible
significant economic impact on a substantial number of small entities
by the policies and rules proposed in this Service Rules and Procedures
to Govern the Use of Aeronautical Mobile Satellite Service Earth
Stations in the Frequency Bands Allocated to the Fixed Satellite
Service, Notice of Proposed Rulemaking (NPRM). Written public comments
are requested on this IRFA. Comments must be identified as responses to
the IRFA and must be filed by the deadlines for comments on the NPRM
provided in paragraph 73 of the NPRM. The Commission will send a copy
of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (SBA). In addition, the NPRM and IRFA
(or summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
In this NPRM the Commission makes proposals and seeks information
on measures to provide a level of regulatory certainty to government,
space research, radio astronomy, and fixed satellite service (FSS)
operators regarding operations of the Aeronautical Mobile Satellite
Service (AMSS). As discussed in greater detail below, the Commission
[[Page 20510]]
proposes rules and procedures to license aeronautical earth stations
(AES) for operation in the Ku-band similar to the Commission's current
licensing rules for very small aperture terminals (VSATs) that operate
in the Ku-band, with appropriate modifications. However, rather than
propose rules requiring minimum earth station antenna sizes and power
limits, the NPRM proposes an off-axis EIRP envelope that, if adopted,
would give AES operators more flexibility over their operations. This
off-axis EIRP envelope proposal would provide for a minimally intrusive
licensing regime for AESs that would maximize the efficient use of the
Ku-band spectrum, by allowing a new service to be provided in that
band, while respecting the legitimate expectations of incumbent
operators. Establishing a licensing regime for AMSS also facilitates
provision of a new service in the Ku-band, which would also advance the
Commission's continuing effort to provide licensees with greater
authority to most efficiently use of the spectrum that they occupy.
It is the Commission's view that if adopted, the off-axis EIRP
licensing methodology proposed in the NPRM would benefit businesses
both large and small by streamlining the process for obtaining
authority from the Commission to provide AMSS service, which currently
must be obtained on a case-by-case basis. The proposed procedures would
provide license terms of fifteen years and would permit parties to seek
authorization using simplified procedures. The proposed procedures
would also require AMSS operators to provide aircraft tracking
information to the Commission upon request. This would benefit
businesses large and small by providing businesses that might be
affected by AMSS operations with a simple, clear mechanism with minimal
administrative burden to resolve any possible claims of harmful
interference resulting from those operations.
B. Legal Basis
The NPRM is adopted pursuant to sections 1, 4(i), 4(j), 7(a), 301,
303(c), 303(f), 303(g), 303(r), 303(y), and 308 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301,
303(c), 303(f), 303(g), 303(r), 303(y), 308.
C. Description and Estimate of the Number of Small Entities To Which
the Proposals 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. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 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). Below, we further describe and estimate the
number of small entity licensees that may be affected by the adopted
rules.
Satellite Telecommunications. The SBA has developed a small
business size standard for Satellite Telecommunications Carriers, which
consists of all such companies having $12.5 million or less in annual
receipts. According to Census Bureau data for 1997, there were 324
firms in the category Satellite Telecommunications, total that operated
for the entire year. Of this total, 273 firms had annual receipts of $5
million to $9,999,999 and an additional 24 firms had annual receipts of
$10 million to $24,999,990. Thus, under this size standard, the
majority of firms can be considered small.
Space Stations (Geostationary). Commission records reveal that
there are 15 space station licensees. We do not request nor collect
annual revenue information, and thus are unable to estimate of the
number of geostationary space stations that would constitute a small
business under the SBA definition cited above, or apply any rules
providing special consideration for Space Station (Geostationary)
licensees that are small businesses.
Fixed Satellite Transmit/Receive Earth Stations. Currently there
are approximately 3,390 operational fixed-satellite transmit/receive
earth stations authorized for use in the C- and Ku-bands. The
Commission does not request or collect annual revenue information, and
thus is unable to estimate the number of earth stations that would
constitute a small business under the SBA definition.
Cellular and Other Wireless Telecommunications. The SBA has
developed a small business size standard for Cellular and Other
Wireless Telecommunication, which consists of all such firms having
1,500 or fewer employees. According to Census Bureau data for 1997, in
this category there was a total of 977 firms that operated for the
entire year. Of this total, 965 firms had employment of 999 or fewer
employees, and an additional twelve firms had employment of 1,000
employees or more. Thus, under this size standard, the majority of
firms can be considered small.
Paging. The SBA has developed small business size standard for
Paging, which consists of all such firms having 1,500 or fewer
employees. According to Census Bureau data for 1997, in this category
there was a total of 1,320 firms that operated for the entire year. Of
this total, 1,303 firms had employment of 999 or fewer employees, and
an additional seventeen firms had employment of 1,000 employees or
more. Thus, under this size standard, the majority of firms can be
considered small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The proposed rules would, if adopted, require satellite
telecommunications operators to establish a database for tracking the
location of AES remote earth stations. This database would assist
investigations of interference claims. The NPRM seeks comment on this
proposal, including the effectiveness and utility of the proposal, and
seeks comment regarding possible alternatives. The proposed rules, if
adopted, would also require AMSS operators to name a point of contact
to maintain information about aircraft location and frequencies used by
AESs. Such information would assist in investigating interference
claims. The Commission does not expect significant costs associated
with these proposals, if adopted. Therefore, we do not anticipate that
the burden of compliance would be greater for smaller entities.
The NPRM seeks comment on possible methods for coordinating AMSS
operations with space research service and radio astronomy operations.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires that, to the extent consistent with the objectives
of applicable statutes, the analysis shall discuss significant
alternatives such as: (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 small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage or the rule, or any part thereof, for small entities.
[[Page 20511]]
This NPRM solicits comment on alternatives for more efficient
processing of aircraft earth station (AES) applications and simplifying
AMSS procedures, for example, by migrating from non-conforming use
licensing to a licensing method that would provide for licenses with
terms of fifteen years. The NPRM also seeks comment on streamlining the
application process for AMSS operations by permitting blanket licensing
of multiple AES terminals in a single application, as an alternative to
requiring all AESs to be licensed individually. Adoption of some of
these proposals would simplify the application process for AESs and
establish license terms consistent with other satellite-based services
(such as Earth Stations on Vessels). Accordingly, the Commission
believes that adoption of these proposed rules would benefit all AMSS
applicants, including small entities, by significantly reducing the
cost associated with obtaining and maintaining authority to operate an
AMSS network.
As described above, the Commission also seeks comment on a number
of alternative compliance and coordination processes. For example, the
Commission seeks on whether to base the off-axis EIRP requirement on an
aggregate limit or on a per-earth station limit. The Commission has
taken care to consider the costs on business both large and small and
has solicited comment on alternatives to its proposals.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Paperwork Reduction Act
This NPRM contains proposed new and modified information
collection(s). The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection(s)
contained in this NPRM, as required by the Paperwork Reduction Act of
1995, Public Law n. 104-13. Public and agency comments are due 60 days
from date of publication of the NPRM in the Federal Register. Comments
should address: (a) Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law n. 107-198, see 44 U.S.C. 3506(c)(4), we seek specific
comment on how we might ``further reduce the information collection
burden for small business concerns with fewer than 25 employees.''
A copy of any comments on the information collections contained
herein should be submitted to Judy Boley Herman, Federal Communications
Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554, or
via the Internet to jbHerman@fcc.gov and to Kristy L. LaLonde, OMB Desk
Officer, Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503,
via the Internet to Kristy_L.LaLonde@omb.eop.gov, or via fax at 202-
395-5167.
Comment Filing Procedures
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments in response
to this NPRM no later than on or before 75 days after Federal Register
publication. Reply comments to these comments may be filed no later
than on or before 105 days after Federal Register publication. All
pleadings are to reference IB Docket No. 05-20. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS) or by
filing paper copies. Parties are strongly encouraged to file
electronically. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24,121 (1998).
Comments filed through the ECFS can be sent as an electronic file
via the Internet to http://www.fcc/gov/e-file/ecfs.html. Parties should
transmit one copy of their comments to the docket in the caption of
this rulemaking. In completing the transmittal screen, commenters
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions
for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov
and should include the following words in the body of the message,
``get form .'' A sample form and directions will
be sent in reply.
Parties choosing to file by paper must file an original and four
copies of each filing in IB Docket No. 05-20. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail (although we continue
to experience delays in receiving U.S. Postal Service mail). If more
than one docket or rulemaking number appears in the caption of this
proceeding, commenters must submit two additional copies for each
additional docket or rulemaking number. The Commission's mail
contractor, Vistronix, Inc. will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building. Commercial overnight mail
(other than U.S. Postal Service Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first-class mail, Express Mail, and Priority Mail should be
addressed to 445 12th Street, SW., Washington, DC 20554. All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
Comments submitted on diskette should be on a 3.5 inch diskette
formatted in an IBM-compatible format using Word for Windows or
compatible software. The diskette should be clearly labeled with the
commenter's name, proceeding (including the docket number, in this
case, IB Docket No. 05-20), type of pleading (comment or reply
comment), date of submission, and the name of the electronic file on
the diskette. The label should also include the following phrase ``Disk
Copy--Not an Original.'' Each diskette should contain only one party's
pleadings, preferably in a single electronic file.
All parties must file one copy of each pleading electronically or
by paper to each of the following: (1) The Commission's duplicating
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room
CY-B402, Washington, DC 20554, telephone (202) 488-5300, facsimile
(202) 488-5563, or via e-mail at FCC@BCPIWEB.COM. (2) Arthur Lechtman,
Attorney, Satellite Division, International Bureau, 445 12th Street,
SW., Washington, DC 20554; e-mail Arthur.Lechtman@fcc.gov.
Comments and reply comments and any other filed documents in this
matter may be obtained from Best Copy and Printing, Inc., in person at
445 12th Street, SW., Room CY-B402, Washington, DC 20554, via telephone
at (202) 488-5300, via facsimile (202) 488-5563, or via e-mail at
FCC@BCPIWEB.COM. The pleadings will be also available for public
inspection and copying during regular
[[Page 20512]]
business hours in the FCC Reference Information Center, Room CY-A257,
445 Twelfth Street, SW., Washington, DC 20554 and through the
Commission's Electronic Filing System (ECFS) accessible on the
Commission's World Wide Web site, http://www.fcc.gov.
Comments and reply comments must include a short and concise
summary of the substantive arguments raised in the pleading. Comments
and reply comments must also comply with Sec. 1.49 and all other
applicable sections of the Commission's rules. All parties are
encouraged to utilize a table of contents, and to include the name of
the filing party and the date of the filing on each page of their
submission. We also strongly encourage that parties track the
organization set forth in this NPRM in order to facilitate our internal
review process.
Commenters who file information that they believe is proprietary
may request confidential treatment pursuant to Sec. 0.459 of the
Commission's rules. Commenters should file both their original comments
for which they request confidentiality and redacted comments, along
with their request for confidential treatment. Commenters should not
file proprietary information electronically. See Examination of Current
Policy Concerning the Treatment of Confidential Information Submitted
to the Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on
Reconsideration, 14 FCC Rcd 20128 (1999). Even if the Commission grants
confidential treatment, information that does not fall within a
specific exemption pursuant to the Freedom of Information Act (FOIA)
must be publicly disclosed pursuant to an appropriate request. See 47
CFR 0.461; 5 U.S.C. 552. We note that the Commission may grant requests
for confidential treatment either conditionally or unconditionally. As
such, we note that the Commission has the discretion to release
information on public interest grounds that does fall within the scope
of a FOIA exemption.
Further Information
For further information regarding this proceeding, contact Arthur
Lechtman, Attorney, Satellite Division, International Bureau at (202)
418-0719. Information regarding this proceeding and others may also be
found on the Commission's Web site at http://www.fcc.gov.
Ordering Clauses
Accordingly, It is ordered that, pursuant to the authority
contained in sections 1, 4(i), 4(j), 7(a), 301, 303(c), 303(f), 303(g),
303(r), 303(y), and 308 of the Communications Act of 1934, as amended,
47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 303(c), 303(f), 303(g),
303(r), 303(y), 308, this Notice of Proposed Rulemaking is adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center 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 section 603(a) of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. (1981).
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-7791 Filed 4-19-05; 8:45 am]
BILLING CODE 6712-01-P