[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Proposed Rules]
[Pages 46252-46259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22168]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 95-117; FCC 95-285]


Satellite Application and Licensing Procedures

AGENCY: Federal Communications Commission.


[[Page 46253]]

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission has proposed rules and policies to streamline 
application and licensing requirements for satellite space and earth 
stations under the commission's rules regarding satellite 
communications. Among other things, this document proposes to waive the 
construction permit requirement for satellite space stations and modify 
the license term for temporary fixed earth stations and the 
implementation period for Very Small Aperture Terminal (``VSAT'') earth 
stations. The item also proposes amendments concerning minor 
modifications for earth stations, inclined orbit operations of space 
stations, and application and licensing forms. Comments are requested 
on all aspects of the proposals.

DATES: Comments must be submitted on or before October 4, 1995; reply 
comments must be submitted on or before October 25, 1995.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
Paula Ford, International Bureau, Satellite Policy Branch, (202) 739-
0733; Frank Peace, International Bureau, Satellite Engineering Branch, 
(202) 739-0513; Kathleen Campbell, International Bureau, Satellite 
Policy Branch, (202) 739-0729.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking in IB Docket No. 95-117; FCC 95-285, adopted 
July 13, 1995 and released August 11, 1995. The complete text of this 
Notice of Proposed Rulemaking is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room 239), 
1919 M Street, NW., Washington, DC and also may be purchased from the 
Commissions's copy contractor, International Transcription Service, 
(202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC 20037.
    The following collection of information contained in the Notice has 
been submitted to the Office of Management and Budget for review under 
Section 3507(d) of the Paperwork Reduction Act (44 U.S.C. 3507(d)). For 
copies of the submissions contact Dorothy Conway at (202) 418-0217 or 
access our fax on demand system at 202-418-0177 from the handset on 
your fax machine and using the document retrieval number 6000000. 
Persons wishing to comment on this collection of information should 
direct their comments to Timothy Fain (202) 395-3561, Office of 
Management and Budget, Room 3235 NEOB, Washington, DC 20503. 
Specifically, the Commission requests that parties provide comments on: 
(1) The necessity of the proposed collection of information for the 
proper performance of the functions of the agency, including whether 
the information has practical utility; (2) the accuracy of the agency's 
estimates of the burden of the proposed collection of information; (3) 
enhancing the quality, utility, and clarity of the information to be 
collected; and (4) minimizing the burden of the collection of 
information on parties responding. Comments must be filed with the 
Office of Management and Budget within sixty days of publication of 
this summary in the Federal Register. A copy of any comments filed with 
the Office of Management and Budget should also be sent to the 
following address at the Commission: Federal Communications Commission, 
Records Management Division, Room 234, Paperwork Reduction Project, 
Washington, DC 20554. For further information contract Judy Boley, 
(202) 418-0210.
    Title: In the Matter of Streamlining the Commission's Rules and 
Regulations for Satellite Application and Licensing Procedures.
    Action: Proposed new and revised collection.
    Affected Public/Respondents: Businesses or other for profit, 
including small businesses.
    Frequency of Response: On occasion, annually.

                         Reporting Requirements                         
------------------------------------------------------------------------
                            No. of         Hours per       Total annual 
   Proposed sections      respondents       response     reporting hours
------------------------------------------------------------------------
Space Stations:                                                         
 25.113, 25.114,                                                        
 25.140, 25.210,                                                        
 25.280, 25.300.......             125              9.5          1,187.5
Earth Stations:                                                         
 25.115, 25.118,                                                        
 25.134, 25.277,                                                        
 25.300...............             500              2.5          1,250  
Proposed FCC Form 312                                                   
 (used by both space                                                    
 and earth stations)..             300              4            1,200  
Information for                                                         
 Adjacent Satellite                                                     
 Interference Analysis                                                  
 Database.............              50             24          * 1,200  
------------------------------------------------------------------------
* Represents the hours for the periodic reporting of information. We    
  propose to collect the information whenever there is a new processing 
  round. The 1,200 figure represents reporting hours for the year in    
  which information is collected.                                       

    Needs and Uses: In accordance with the Communications Act, the 
information collected will be used by the Commission in granting 
various authorizations and determining the technical, legal, and 
financial qualifications of a satellite applicant or licensee.
    As required by Section 603 of the Regulatory Flexibility Act, the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document.

Summary of Notice of Proposed Rulemaking

    In light of the evolving satellite technology, the Commission 
commenced a review of its operations in order to eliminate outdated 
regulations and unnecessary burdens that impede the introduction of 
satellite services to the public and the efficient processing of 
satellite applications and licenses. As a result of this review, the 
Commission created the International Bureau. Soon after its creation, 
the new International Bureau held a roundtable discussion in February 
with representatives of industry and members of the public to solicit 
suggestions on ways to improve satellite application and licensing 
policies and procedures. Many of the recommendations made during that 
roundtable discussion have been incorporated in this Notice of Proposed 
Rulemaking.
    The proposals amend or eliminate existing requirements, and codify 
in Part 25 of the Commission's rules, various technical and procedural 
policies and guidelines that have not yet been specifically codified. 
Among other things, the Notice proposes to waive the construction 
permit requirement for satellite space stations; increase the license 
term, from one year to ten years, for temporary fixed earth stations 
operating in the C-band; eliminate the four year implementation period 
for VSATs allowing VSAT licensees to construct their network over the 
course 

[[Page 46254]]
of their ten year license term; eliminate the annual reporting 
requirement for VSATs; simplify the earth and space station application 
process by revising and consolidating FCC Forms 430, 493, 702, and 704; 
eliminate redundant reporting requirements for earth and space 
stations; allow earth station operators to make minor technical 
modifications to their stations without prior authorization from the 
Commission; and allow satellites to operate in inclined orbits without 
prior authorization from the Commission.
    Given the large outlay of capital and long-term planning necessary 
to establish satellite systems, it is necessary to ensure that 
potential applicants and service providers are not hampered by 
unnecessary and sometimes redundant regulations. The proposed 
amendments recognize the need of the satellite industry to operate in 
an environment defined by growth, innovation, efficiency, and 
competition. Comments are requested on all aspects of these proposals. 
Specific proposals and recommendations are requested for any additional 
streamlining rule changes.
Ordering Clauses

    Accordingly, It is Ordered that pursuant to the authority contained 
in Sections 4(i) and 303 of the Communications Act of 1934, as amended, 
47 U.S.C. Secs. (4)(i) and 303, NOTICE IS HEREBY GIVEN of our intent to 
adopt the rule revisions set forth below and the proposed form set 
forth below.
    It is Further Ordered that the Secretary shall send a copy of this 
Notice of Proposed Rulemaking, including the Initial Regulatory, 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration in accordance with paragraph 603(a) of the 
Regulatory Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5 
U.S.C. Sec. 601 et seq (1981).

Administrative Matters

    This is a non-restricted notice and comment rulemaking proceeding. 
Ex parte presentations are permitted, except during the Sunshine Agenda 
period, provided they are disclosed as provided in the Commission's 
rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a). The Sunshine 
Agenda period is the period of time that commences with the release of 
public notice that a matter has been placed on the Sunshine Agenda and 
terminates when the Commission (1) releases the text of a decision or 
order in the matter; (2) issues a public notice stating that the matter 
has been deleted from the Sunshine Agenda; or (3) issues a public 
notice stating that the matter has been returned to the staff for 
further consideration, whichever occurs first. 47 CFR 1.1202(f). During 
the Sunshine Agenda period, no presentations, ex parte or otherwise, 
are permitted unless specifically exempted. 47 CFR 1.1203.
    Pursuant to applicable procedures set forth in Sections 1.415 and 
1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before October 4, 1995 and reply 
comments on or before October 25, 1995. To file formally in this 
proceeding, you must file an original and five copies of all comments, 
reply comments, and supporting comments. If you want each Commissioner 
to receive a personal copy of your comments send additional copies to 
Office of the Secretary, Federal Communications Commission, Washington, 
DC 20554. Comments and reply comments will be available for public 
inspection during regular business hours in the Federal Communications 
Commission, Reference Center, Room 239, 1919 M Street, NW., Washington, 
DC 20554. For further information concerning this rulemaking contact 
Paula Ford at (202) 739-0733.

Initial Regulatory Flexibility Act Statement

    As required by Section 603 of the Regulatory Flexibility Act, the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(``IRFA'') of the expected impact on small entities of the proposals 
suggested in this document. The IRFA is set forth in Appendix A. 
Written public comments are requested on the IRFA. These comments must 
be filed in accordance with the same filing deadlines as comments on 
the rest of the Notice, but they must have a separate and distinct 
heading designating them as responses to the Initial Regulatory 
Flexibility Analysis.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Proposed Rules

    Part 25 of Title 47 of the Code of Federal Regulations is proposed 
to be amended as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation for part 25 continues to read as follows:

    Authority: Sections 101-404, 76 Stat. 419-427; 47 U.S.C. 701-
744, Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or 
applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303.

    2. Section 25.113 is amended by revising paragraphs (a) and (d) to 
read as follows:
Sec. 25.113  Construction permits.

    (a) Except as provided in paragraph (b) of this section or in 
Sec. 25.131, construction permits must be obtained for all fixed or 
temporary fixed earth stations governed by this part. Simultaneous 
application for a construction permit and station license may be made 
for all earth station facilities governed by this part.
* * * * *
    (d) A launch authorization must be applied for and granted before a 
space station may be launched and operated in orbit. Request for launch 
authorization may be included in an application for space station 
license. A launch authorizaiton and station license may also be 
requested at any time for a space station constructed as an on-ground 
spare satellite. However, an application for authority to launch and 
operate an on-ground spare domestic satellite will be considered to be 
a newly filed application for cut-off purposes, except where the space 
station to be launched is determined to be an emergency replacement for 
a previously authorized space station that has been lost as a result of 
a launch failure or a catastrophic in-orbit failure.
    3. Section 25.114 is revised to read as follows:


Sec. 25.114  Applications for space station authorizations.

    (a) A comprehensive proposal shall be submitted for each proposed 
space station in narrative form with attached exhibits as described in 
paragraph (c) of this section. If an applicant is proposing more than 
one space station, information common to all space stations may be 
submitted in a consolidated system proposal.
    (b) Each application for a new or modified space station 
authorization must constitute a concrete proposal for Commission 
evaluation, although the applicant may propose altrnatives that 
increase flexibility in accommodating the satellite in orbit. Each 
application must also contain the formal waiver required by Section 304 
of the Communications Act, 47 U.S.C. 304. 

[[Page 46255]]
The technical information for a proposed satellite system need not be 
filed on any prescribed form but should be complete in all pertinent 
details. The format of the applications should conform to the 
specifications of Sec. 1.49 of this chapter.
    (c) The following information shall be contained in each 
application:
    (1) Name, address, and telephone number of the applicant.
    (2) Name, address, and telephone number of the person(s), including 
counsel, to whom inquiries or correspondence should be directed.
    (3) Type of authorization requested (e.g., launch authority, 
station license, modification of authorization).
    (4) General description of overall system facilities, operations 
and services.
    (5) Radio frequencies and polarization plan (including beacon, 
telemetry, and telecommand functions), center frequency and 
polarization of transponders (both receiving and transmitting 
frequencies), emission designators and allocated bandwidth of emission, 
final amplifier output power (identify any net losses between output of 
final amplifier and input of antenna and specify the maximum EIRP for 
each antenna beam), identification of which antenna beams are connected 
or switchable to each transponder and TT&C function, receiving system 
noise temperature, the relationship between satellite receive antenna 
gain pattern and gain-to-temperature ratio and saturation flux density 
for each antenna beam (may be indicated on antenna gain plot), the gain 
of each transponder channel (between output of receiving antenna and 
input of transmitting antenna) including any adjustable gain step 
capabilities, and predicted receiver and transmitter channel filter 
response characteristics.
    (6)(i) For satellites in geostationary-satellite orbit, orbital 
location, or locations if alternatives are proposed, requested for the 
satellite, the factors that support such an orbital assignment, the 
range of orbital locations from which adequate service can be provided 
and the basis for determining that range of orbital locations, and a 
detailed explanation of all factors that would limit the orbital arc 
over which the satellite could adequately serve its expected users.
    (ii) For satellites in non-geostationary-satellite orbits, the 
number of space stations and applicable information relating to the 
number of orbital planes, the inclination of the orbital plane(s), the 
orbital period, the apogee, the perigee, the argument(s) of perigee, 
active service arc(s), and right ascension of the ascending node(s).
    (iii) For 1.6/2.4 GHz Mobile-Satellite Service space stations, the 
feeder link frequencies requested for the satellite, together with the 
demonstration required by Sec. 25.203 (j) and (k).
    (7) Predicted space station antenna gain contour(s) for each 
transmit and each receive antenna beam and nominal orbital location 
requested. These contour(s) should be plotted on an area map at 2 dB 
intervals down to 10 dB below the peak value of the parameter and at 5 
dB intervals between 10 dB and 10 dB below the peak values, with the 
peak value and sense for polarization clearly specified on each plotted 
contour.
    (8) A description of the types of services to be provided, and the 
areas to be served, including a description of the transmission 
characteristics and performance objectives for each type of proposed 
service, details of the link noise budget, typical or baseline earth 
station parameters, modulation parameters, an overall link performance 
analysis (including an analysis of the effects of each contributing 
noise and interference source).
    (9) For satellites in geostationary-satellite orbit, accuracy with 
which the orbital inclination, the antenna axis attitude, and 
longitudinal drift will be maintained.
    (10) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec. 25.208.
    (11) Arrangement for tracking, telemetry, and control.
    (12) Physical characteristics of the space station including weight 
and dimensions of spacecraft, detailed mass (on ground and in-orbit) 
and power (beginning and end of life) budgets, and estimated 
operational lifetime and reliability of the space station and the basis 
for that estimate.
    (13) Detailed information demonstrating the financial 
qualifications of the applicant to construct and launch the proposed 
satellites. Applications for domestic fixed-satellite systems and 
mobile-satellite systems shall provide the financial information 
required by Sec. 25.140 (b) through (e), Sec. 25.142(a)(4), or 
Sec. 25.143(b)(3), as appropriate. Applications for international 
satellite systems authorized pursuant to Establishing of Satellite 
Systems Providing International Communications, 101 FCC 2d 1046 (1985), 
recon., 61 RR 2d 649 (1986), further recon., 1 FCC Rcd 439 (1986) 
(available at the Commission's Library in Washington, DC), shall 
provide the information required by that decision.
    (14) Qualifications of applicant. FCC Form 312, Main Form. If FCC 
Form 312, Main Form, is already on file, indicate date, radio service 
and file number of most recent filing.
    (15) A clear and detailed statement of whether the space station is 
to be operated on a common carrier basis, or whether noncommon carrier 
transactions are proposed. If noncommon carrier transactions are 
proposed, describe the nature of the transactions and specify the 
number of transponders to be offered on a noncommon carrier basis.
    (16) Dates by which construction will be commenced and completed, 
launch date, and estimated date of placement into service.
    (17) Public interest considerations in support of grant.
    (18) Applications for authorizations for domestic fixed-satellite 
space stations shall also include the information specified in 
Sec. 25.140.
    (19) Applications for international fixed-satellite authorizations 
shall also provide all information necessary to comply with the 
policies and procedures set forth in Establishing of Satellite Systems 
Providing International Communications, 101 FCC 2d 1046 (1985) 
(available at the Commission's Library in Washington, DC), as modified 
by Permissible Services of U.S. license International Communications 
Satellite Systems, Order, FCC 92-95 released April 8, 1992 (available 
through the Commission's Public Reference Room in Washington, DC).
    (20) Applications for authorizations in the Radiodetermination 
Satellite Service shall also include the information specified in 
Sec. 25.141.
    (21) Applications for authorizations in the Mobile Satellite 
Service in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also 
provide all information necessary to comply with the policies and 
procedures set forth in Rules and Policies Pertaining to the Use of 
Radio Frequencies in a Land Mobile Satellite Service, 2 FCC Rcd 485 
(1987) (available at the Commission's Library in Washington, DC).
    (22) Applications to license multiple space station systems in the 
non-voice, non-geostationary mobile-satellite service under blanket 
operating authority shall also provide all information specified in 
Sec. 25.142.
    (23) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in 
Sec. 25.143.

[[Page 46256]]

    (d) Applicants requesting authority to construct and/or launch a 
system comprised of technically identical, non-geostationary satellite 
orbit mobile-satellite service space stations may file a single 
``blanket'' application containing the information specified in 
paragraph (c) of this section for each representative space station.
    4. Section 25.115 is amended by revising paragraphs (a), (b), and 
(c)(1), (c)(2) and (d) to read as follows:


Sec. 25.115  Application for earth station authorizations.

    (a) Transmitting earth stations. Except as provided under 
Sec. 25.113(b), Commission authorization must be obtained for authority 
to construct and/or operate a transmitting earth station. Applications 
shall be filed on FCC Form 312, Main Form and Schedule C, and include 
the information specified in Sec. 25.130.
    (b) Receive-only earth stations. Applications to license or 
register receive only earth stations shall be filed on FCC Form 312, 
Main Form and Schedule C, and conform to the provisions of Sec. 25.131.
    (c) * * *
    (1) An FCC Form 312, Main Form and Schedule B, for each large (5 
meters or larger) hub station operating with the network,
    (2) An FCC Form 312, Main Form and Schedule B, for each 
representative type of small antenna (less than 5 meters).
* * * * *
    (d) User transceivers in the non-voice, non-geostationary mobile-
satellite service need not be individually licensed. Service vendors 
may file blanket applications for transceivers units using FCC Form 
312, Main Form and Schedule C, and specifying the number of units to be 
covered by the blanket license. Each application for a blanket license 
under this section shall include the information described in 
Sec. 25.135.
    5. Section 25.117 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 25.117  Modification of station license.

    (a) Except as provided for in Sec. 25.118 (Modifications not 
requiring prior authorization), no modification of a radio station 
governed by this part which affects the parameters or terms and 
conditions of the station authorization shall be made except upon 
application to and grant of such application by the Commission. * * *
* * * * *
    6. Section 25.118 through 25.120 are redesignated as Secs. 25.119 
through 25.121, respectively.
    7. A new Sec. 25.118 is added to read as follows:


Sec. 25.118  Modifications not requiring prior authorization.

    (a) Equipment in an authorized earth station may be replaced 
without prior authorization or notification if the replacement 
equipment is electrically identical to the replaced equipment.
    (b) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization by notifying the Commission by letter within 
30 days after the completed change to common carrier status.
    (c) Earth station licensees may make facility changes without 
obtaining prior Commission authorization, by notifying the Commission 
by letter within 30 days after the modification is completed, if 
frequency coordination procedures, as necessary, are complied with in 
accordance with Sec. 25.251, and the modification does not involve:
    (1) An increase in EIRP or EIRP density;
    (2) An increase in transmitter power;
    (3) A change in coordinates for stations operating in C-Band;
    (4) A change in coordinates of 10 seconds or greater for stations 
operating in Kuband;
    (5) A change or addition to antenna facilities.
    8. The newly designated Sec. 25.119 is amended by revising the 
first sentences of paragraph (c) and (d) and the last sentence of 
paragraph (f) to read as follows:


Sec. 25.119  Assignment or transfer of control of station 
authorization.

* * * * *
    (c) Assignment of license. FCC Form 312, Main Form and Schedule A, 
shall be submitted to assign voluntarily (as by, for example, contract 
or other agreement) or involuntarily (as by, for example, death, 
bankruptcy, or legal disability) the station authorization. * * *
    (d) Transfer of control of corporation holding license. FCC Form 
312, Main Form and Schedule A, shall be submitted in order to transfer 
voluntarily or involuntarily (de jure or de facto) control of a 
corporation holding any licenses. * * *
* * * * *
    (f) * * * Within 30 days of consummation, the Commission shall be 
notified by letter of the date of consummation and the file numbers of 
the applications involved in the transaction.
    9. The newly designated Sec. 25.120 is amended by revising the last 
sentence of paragraph (a) to read as follows:


Sec. 25.120  Application for special temporary authorization.

    (a) * * * A copy of the request for special temporary authority 
also shall be forwarded to the Commission's Columbia Operations Center 
in Columbia, Maryland.
* * * * *
    10. The newly designated Sec. 25.121 is amended by revising 
paragraph (a) to read as follows:


Sec. 25.121  License term and renewals.

    (a) License term. Licenses for facilities governed by this part 
will be issued for a period of 10 years.
* * * * *
    11. Section 25.130 is amended by revising paragraph (a) to read as 
follows:
Sec. 25.130  Filing requirements for transmitting earth stations.

    (a) Application for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, Main Form and Schedule C, 
accompanied by any required exhibits.
* * * * *
    12. Section 25.131 is amended by revising paragraphs (a), (d), and 
(j) to read as follows:


Sec. 25.131  Filing requirements for receive-only earth stations.

    (a) Except as provided in paragraphs (b) and (j) of this section, 
applications for a license for a receive-only earth station shall be 
submitted on FCC Form 312, Main Form and Schedule C, accompanied by any 
required exhibits.
* * * * *
    (d) Applications for registration shall be filed on FCC Form 312, 
Main Form and Schedule C, accompanied by the coordination exhibit 
required by 25.203, and any other required exhibits. Any application 
that is deficient or incomplete in any respect shall be immediately 
returned to the applicant without processing.
* * * * *
    (j) Receive-only earth stations operating with (1) INTELSAT space 
stations, (2) international space stations, or (3) U.S. domestic and 
non-U.S. space stations for reception of services from other countries, 
shall file an FCC Form 312, Main Form and Schedule C, requesting a 
license for such station. Receive-only earth stations used to receive 
INTELNET I services from INTELSAT space stations need not file for 
licenses. See Deregulation of Receive-Only Satellite Earth Stations 
Operating with the INTELSAT Global 

[[Page 46257]]
Communications Satellite System, Declaratory Ruling, RM No. 4845, FCC 
86-214 (released May 19, 1986) (available through the Commission's 
Reference Center in Washington, D.C.).
    13. Section 25.134 is amended by revising the first sentences of 
paragraphs (a) and (b) and adding paragraph (d) to read as follows:


Sec. 25.134  Licensing Provisions of Very Small Aperture Terminal 
(VSAT) Networks.

    (a) All applications for digital VSAT networks with maximum 
outbound downlink EIRP densities of +6.0 dBW/4 kHz per carrier and 
earth station antennas with maximum input power densities of -14 dBW/4 
kHz and maximum hub EIRPs of 78.3 dBW will be processed routinely. * * 
*
    (b) Each applicant for digital and/or analog VSAT network 
authorization proposing to use transmitted satellite carrier EIRP 
densities in excess of +6.0 dBW/4 kHz per carrier and +13.0 dBW/4 kHz, 
respectively, and/or maximum antenna input power densities of -14.0 
dBW/4 kHz dBW and -8.0 dBW/4 kHz, respectively, shall conduct an 
engineering analysis using the Sharp, Adjacent Satellite Interference 
Analysis (ASIA) program. * * *
* * * * *
    (d) An application for VSAT authorization shall be filed on FCC 
Form 312. Main Form and Schedule B. A VSAT licensee applying to renew 
its license must include on FCC Form 405, the number of constructed 
VSAT units in its network.
    14. Section 25.140 is revised to read as follows:


Sec. 25.140  Qualifications of domestic fixed-satellite space stations.

    (a) Each applicant for a space station authorization in the 
domestic fixed-satellite service must demonstrate, on the basis of the 
documentation contained in its application, that it is legally, 
financially, technically, and otherwise qualified to proceed 
expeditiously with the construction, launch and/or operation of each 
proposed space station facility immediately upon grant of the requested 
authorization.
    (b) Each applicant must provide the following information:
    (1) The information specified in Sec. 25.114.
    (2) An interference analysis to demonstrate the compatibility of 
its proposed system 2 degrees from any authorized space station. An 
applicant should provide details of its proposed r.f. carriers which it 
believes should be taken into account in this analysis. At a minimum, 
the applicant must include, for each type of r.f. carrier, the link 
noise budget, modulation parameters, and overall link performance 
analysis. (See, e.g., appendices B and C to Licensing of Space Stations 
in the Domestic Fixed-Satellite Service, Docket No. 81-704, FCC No. 83-
184 (released August 16, 1983) (available through the Commission's 
Reference Center in Washington, D.C.))
    (3) The applicant's current financial ability to meet the:
    (i) Estimated costs of proposed construction and/or launch, and any 
other initial expenses for the space station(s); and
    (ii) Estimated operating expenses for one year after launch of the 
proposed space station(s).
    (c) Each application for authority to construct and/or launch a 
space station shall demonstrate the applicant's current financial 
ability to meet the costs specified in paragraph (b)(3) of this section 
by submitting the following financial information verified by 
affidavit:
    (1) A balance sheet current for the latest fiscal year and 
documentation of any financial commitments reflected in the balance 
sheet (such as, for example, loan agreements and service contracts) 
together with an exihibit demonstrating that the applicant has current 
assets and operating income sufficient to satisfy the requirements of 
paragraph (c) of this section. If the applicant is owned by more than 
one corporate parent, it must submit evidence of a commitment to the 
proposed satellite program by management of the corporate parent upon 
whom it is relying for financial resources;
    (2) If the submissions of paragraph (c)(1) of this section do not 
satisfy paragraph (b)(3) of this section, the applicant shall submit 
additional information as listed in paragraphs (c)(2) (i) through (iv) 
to satisfy paragraph (b)(3) of this section.
    (i) The terms of any fully negotiated loan or other form of credit 
arrangement intended to be used to finance the proposed construction, 
acquisition, or operation of the requested facilities including such 
information as the identity of the creditor (or creditors), the amount 
committed, letters of commitment, detailed terms of the transaction, 
including the details of any contingencies, and a statement that the 
applicant complies with paragraph (d) of this section.
    (ii) The terms of any fully negotiated sale or placement of any 
equity or other form of ownership interest, including the sale, or 
long-term lease for the lifetime of the satellite, of proposed 
satellite transponder capacity in the level of detail as specified in 
paragraph (c)(2)(i) of this section.
    (iii) The terms of any grant or other external funding commitment 
intended to be used to finance the proposed construction, acquisition, 
or operation of the requested facilities, including such information as 
the identity of the grantor(s), the amount committed, letters of 
commitment, and detailed terms of the transaction, including the 
details of any contingencies;
    (iv) Any financing arrangements contingent on further performance 
by either party, such as marketing of satellite capacity or raising 
additional financing, will not satisfy the requirements of paragraph 
(b)(3) of this section.
    (3)Whatever other information or details the Commission may require 
with regard to a specific application or applicant;
    (d) Any loan or other credit arrangement providing for a chattel 
mortgage or secured interest in any proposed facility must include a 
provision for a minimum of ten (10) days prior written notification to 
the licensee or permittee, and to the Commission, before any such 
equipment may be repossessed under any default provision of the 
agreement.
    (e) An applicant found to be qualified pursuant to paragraph (a) of 
this section may be initially assigned up to two orbital locations in 
each pair of frequency bands proposed. Authorizations to construct 
ground spares are at the applicant's risk that launch authorization 
will not be granted by the Commission.
    (f) Each applicant found to be qualified pursuant to paragraph (a) 
of this section may be assigned no more than one additional orbital 
location beyond its current authorizations in each frequency band in 
which it is authorized to operate, provided that its in-orbit 
satellites are essentially filled and that it has no more than two 
unused orbital locations for previously authorized but unlaunched 
satellites in that band.
    (g) In the event that one or more applications satisfying the 
requirements of this section are ready for grant, any orbital location 
occupied by a satellite that is determined to be a part of a system 
that is not essentially filled may be cancelled and colocation of in-
orbit satellites may be required. The Commission may take this action 
if, in so doing, it would allow the grant of pending applications that 
satisfy the requirements of this section. If a cancellation is made, 
the licensee will be afforded a period of 30 days to notify 

[[Page 46258]]
the Commission which of its assigned locations should be cancelled.
    15. Section 25.141 is amended by revising paragraph (c) to read as 
follows:


Sec. 25.141  Licensing provisions for the radiodetermination satellite 
service.

* * * * *
    (c) User transceivers. Individual user transceivers will not be 
licensed. Service vendors may file blanket applications for transceiver 
units using FCC Form 312, Main Form and Schedule C, and specifying the 
number of units to be covered by the blanket license. Each application 
must demonstrate that transceiver operations will not cause 
interference to other users of the spectrum.
* * * * *
    16. Section 25.142 is amended by revising paragraph (c) 
introductory text to read as follows:


Sec. 25.142  Licensing provisions for the non-voice, non-geostationary 
mobile-satellite service.

* * * * *
    (c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of 
each year, file a report with the International Bureau and the 
Commission's Columbia Operations Center in Columbia, Maryland 
containing the following information:
* * * * *
    17. Section 25.143 is amended by revising paragraph (e)(1) 
introductory text to read as follows:


Sec. 25.143  Licensing  provisions  for  the 1.6/2.4 GHz Mobile-
Satellite Service.

* * * * *
    (e) * * *
    (1) All operators of 1.6/2.4 GHz mobile-satellite systems shall, on 
June 30 of each year, file with the International Bureau and the 
Commission's Columbia Operations Center, Columbia, Maryland a report 
containing the following information:
* * * * *
    18. Section 25.155 is amended by revising paragraph (b) to read as 
follows:


Sec. 25.155  Mutually exclusive applications.

* * * * *
    (b) A space station application will be entitled to comparative 
consideration with one or more conflicting applications only if:
    (1) The application is mutually exclusive with another application; 
and
    (2) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.
    19. Section 25.210 is amended by revising paragraphs (j) 
introductory text and (j)(3), to read as follows:


Sec. 25.210  Technical requirements for space stations in the Fixed-
Satellite Service.

* * * * *
    (j) All operators of space stations shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland containing the 
following information.
* * * * *
    (3) A detailed description of the utilization made of each 
transponder on each of the in-orbit satellites. That description should 
identify the total capacity or the percentage of time each transponder 
is actually used for transmission, and the amount of unused system 
capacity in the transponder.
* * * * *
    20. Section 25.211 is amended by adding paragraph (d), to read as 
follows:


Sec. 25.211  Video Transmissions in the Domestic Fixed-Satellite 
Service.
* * * * *
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 9 meters or smaller may be routinely licensed for transmission of 
full transponder services if the maximum power into the antenna does 
not exceed 450 watts (26.5 dBW). In the 14 GHz band, an earth station 
with an equivalent diameter of 5 meters or smaller may be routinely 
licensed for transmission of full transponder services if the maximum 
power into the antenna does not exceed 500 watts (27 dBW).
    21. Section 25.212 is amended by adding paragraphs (c) and (d), to 
read as follows:


Sec. 25.212  Narrowband transmissions in the Fixed-Satellite Service.

* * * * *
    (c) In the 14 GHz band, and earth station with an equivalent 
diameter of 1.2 meters or greater may be routinely licensed for 
transmission of narrowband analog services with bandwidths up to 200 
kHz if the maximum power densities into the antenna do not exceed -8 
dBW/4 kHz and the maximum transmitted satellite carrier power densities 
do not exceed 13 dBW/4 kHz.
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 4.5 meters or greater may be routinely licensed for transmission of 
SCPC services if the maximum power densities into the antenna do not 
exceed +0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to 
200 kHz, and do not exceed -2.7 dBW/4 kHz for digital SCPC carriers.
    22. Section 25.251 is revised to read as follows:


Sec. 25.251  Special requirements for coordination.

    (a) The administrative aspects of the coordination process are set 
forth in Secs. 21.100(d) and 21.706 (c) and (d) of this chapter in the 
case of coordination of terrestrial stations with earth stations, and 
in Sec. 25.203 in the case of coordination of earth stations with 
terrestrial stations.
    (b) The technical aspects of coordination are based on Appendix 28 
of the International telecommunications Union Radio Regulations and 
certain recommendations of the ITU Radiocommunication Sector (``ITU-
R'') which may be obtained through the International Telecommunication 
Union, General Secretariat--Sales Section, Places des Nations, CH-1211 
Geneva 20, Switzerland or by phone 011-41-22-730-6141 or fax 011-41-22-
730-5194. Applicants and operators will find it helpful to be aware of 
the latest revisions of these documents.


Secs. 25.252 through 25.256  [Removed and reserved]

    23. Sections 25.252 through 25.256 are removed and reserved.
    24. Section 25.272 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 25.272  General inter-system coordination procedures.

* * * * *
    (b) Each space station licensee shall maintain on file with the 
Commission and with its Columbia Operations Center in Columbia, 
Maryland a current listing of the names, titles, addresses and 
telephone numbers of the points of contact for resolution of 
interference problems. * * *
* * * * *
    25. Section 25.274 is amended by revising the first sentence of 
paragraph (f) to read as follows:


Sec. 25.274  Procedures to be followed in the event of harmful 
interference.

* * * * *
    (f) At any point, the system control center operator may contact 
the Commission's Columbia Operations Center in Columbia, Maryland to 
assist in resolving the matter. * * *
* * * * *
    26. Section 25.277 is amended by revising paragraph (c) 
introductory text to read as follows:


Sec. 25.277  Temporary fixed earth station operations.

* * * * *

[[Page 46259]]

    (c) The licensee of an earth station which is authorized to conduct 
temporary fixed operations in bands shared co-equally with terrestrial 
fixed stations shall provide the following information to the Director 
of the Columbia Operations Center at P.O. Box 250, Columbia, Maryland 
21045 (phone number 301-725-3474 and fax number 301-206-2896) and to 
the licensees of all terrestrial facilities lying within the 
coordination contour of the proposed temporary fixed earth station site 
before beginning transmissions:
* * * * *
    27. A new Sec. 25.280 is added to read as follows:


Sec. 25.280  Inclined orbit operations.

    Satellite operators may commence operation in incline orbit mode 
without obtaining prior Commission authorization provided that the 
Commission is notified by letter within 30 days after commencement. The 
notification shall include:
    (a) The date of commencement of included orbit operation;
    (b) The initial inclination;
    (3) The rate of change in inclination per year; and
    (4) The expected end-of-life of the satellite accounting for 
inclined orbit operation.
    28. Section 25.308 is redesignated as Sec. 25.281.
    29. Subpart E is removed and reserved.

[FR Doc. 95-22168 Filed 9-5-95; 8:45 am]
BILLING CODE 6712-01-M