[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)] [Notices] [Pages 26505-26506] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-12526] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [DA 97-944] Procedures for Non-U.S. Satellite Filings AGENCY: Federal Communications Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On April 16, 1997, the International Bureau released a public notice announcing procedures for foreign satellites to be considered in future satellite processing rounds. Pursuant to the World Trade Organization Basic Telecommunications Services Agreement reached in February 1997, the International Bureau will be opening future satellite system processing rounds to space stations that are licensed by, or coordinated internationally under the ITU Radio Regulations by foreign Administrations. The Bureau issued the Public Notice to provide procedural guidance to those entities wishing to participate in future satellite processing rounds and to request comment on the procedures. This process will serve as a means to ensure appropriate opportunities for non-U.S. licensed entities to participate in the U.S. satellite services market. The Commission is seeking emergency approval for this information collection by July 1, 1997, under the provisions of 5 CFR 1320.13. DATES: Comments on the information collection being submitted for emergency approval should be submitted no later than June 23, 1997. Comments on the regular information collection submission should be submitted no later than July 14, 1997. ADDRESSES: In addition to filing comments with the Office of the Secretary, Federal Communications Commission, 1919 M Street, NW., Washington, DC 20554, a copy of any comments on the information collections contained herein should be submitted to Judy Boley, Federal Communications Commission, Room 234, 1919 M Street, NW., Washington, DC 20554, or via the Internet to [email protected], and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the Internet to [email protected]. FOR FURTHER INFORMATION CONTACT: For information on the Public Notice, contact Virginia Marshall at (202) 418-0778 or Kathleen Campbell at (202) 418-0753 of the International Bureau, Satellite and Radiocommunication Division, Satellite Policy Branch. For additional information or copies of the information collection, contact Judy Boley at 202-418-0214 or via the internet at [email protected]. SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce paperwork burden, the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on emergency information collection as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning 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; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; and 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. While the Commission is seeking emergency approval for this collection, following the statutory 60-day comment period, the Commission will submit a request for regular OMB approval for this information collection and will publish a notice of such submission. The following is a summary of Public Notice, Report No. SPB-80 (released April 16, 1997): 1. Pursuant to the World Trade Organization Basic Telecommunications Services Agreement reached in February 1997, the International Bureau will be [[Page 26506]] opening future satellite system processing rounds to space stations that are licensed by, or coordinated internationally under the ITU Radio Regulations by foreign Administrations. The Bureau is issuing this Public Notice to provide procedural guidance to those entities wishing to participate in future satellite processing rounds. This process will serve as a means to ensure appropriate opportunities for non-U.S. licensed entities to participate in the U.S. satellite services market. 2. Specifically, the Bureau intends to require entities seeking to provide satellite service within the United States using non-U.S. licensed satellites to file a letter of intent to do so, along with the information required in Sec. 25.114 of the Commission's rules, 47 CFR 25.114, for space station applications. This information includes a concrete, comprehensive description of the space station, providing in detail all pertinent technical, operational and ownership aspects of the system and a demonstration of the ability to proceed expeditiously with construction, launch, and operation. The Bureau also intends to require entities operating or seeking to use foreign-licensed space stations to file, as an exhibit to their filings, a description of the space station authorization process used by the relevant coordinating Administration and the status of that process. 3. The Bureau will evaluate these filings in accordance with all applicable Commission rules, policies, and statutory requirements. The Bureau will not, however, issue U.S. licenses for foreign-licensed space stations seeking to serve the U.S. market. The foreign-licensed satellite will continue to fall under the jurisdiction of the licensing or coordinating Administration, subject to any conditions the Commission may impose on the space station operator with respect to the provision of service within the United States. The mechanism for assigning spectrum or orbital locations for non-U.S. licensed space station operators or earth station operators utilizing non-U.S. licensed space stations may be addressed in a rulemaking for that particular service. At a later point, the Bureau will issue licenses, as appropriate, to entities that request U.S. earth station or service authorizations. It is the Bureau's intent that this procedure will apply to entities wishing to participate in a specific processing round as well as to entities that seek to have a processing round initiated. 4. This action constitutes a new information collection under the Paperwork Reduction Act of 1995, Public Law 104-13. Accordingly, the Office of Management and Budget must approve this collection before it can go into effect. The OMB approval process may take up to 120 days. 5. Once OMB approval is granted, the Bureau intends to issue Public Notices establishing cut-off dates for satellite space stations in both the 2 GHz frequency band and the 40 GHz frequency band. See Amendment of Sec. 2.106 of the Commission's rules to Allocate Spectrum at 2 GHz for Mobile Satellite Service, First Report and Order and Further Notice of Proposed Rulemaking, ET Docket No. 95-18, 62 FR 19509 (April 22, 1997) (First Report and Order) and 62 FR 19538 (April 22, 1997) (Further Notice of Proposed Rulemaking), and Allocation and Designation of Spectrum in the 37.5-38.5 GHz, 40.5-42.5 GHz, 48.2-50.2 GHz, 46.9- 47.0 GHz, and 37.0-38.0 GHz Frequency Bands, Notice of Proposed Rulemaking, FCC 97-85, 62 FR 16129 (April 4, 1997), respectively. The Bureau expects it will require applicants to file applications, including letters of intent where appropriate, within 30 days after each Public Notice is issued. 6. This Public Notice contains either a proposed or modified information collection. As part of its continuing effort to reduce paperwork burdens, we invite the general public and the Office of Management and Budget (OMB) to take this opportunity to comment on the information collections contained in this Public Notice, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. 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. 7. This Public Notice contains a new or modified collection and has been submitted to the Office of Management and Budget for emergency review and will be submitted for regular review under section 3507(d) of the Paperwork Reduction Act (44 U.S.C. 3507(d)). For copies of the submissions contact Judy Boley at (202) 418-0214. 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, AMD-Performance Evaluation and Records Management Branch, Room 234, Paperwork Reduction Project, Washington, DC 20554. For further information contact Judy Boley, (202) 418-0210. OMB Approval No.: None--3060-xxxx. Title: Non-U.S. Satellite Filing Procedures pursuant to the World Trade Organization Basic Telecommunications Services Agreement. Form No.: n/a. Type of Review: Emergency submission. Respondents: Businesses or other for profit, including small businesses, foreign government agencies. Number of Respondents: 10. Estimated Time Per Response: The Commission estimates respondents will hire an attorney or legal assistant to complete the submission. The time to retain these services is 2 hours per respondent. Total Annual Burden: 20 hours. Estimated Costs Per Respondent: This includes the charges for hiring an attorney, legal assistant, or engineer at $150 an hour to complete the submissions. The estimated average time to complete space station submissions is 22 hours per response. Estimated cost of space station submissions: $3,300. Needs and Uses: In accordance with the Communications Act, the information collected will be used by the Commission in evaluating spectrum availability for all entities seeking authority to provide service in the United States in accordance with part 25 of the Commission's rules and the World Trade Organization Basic Telecommunications Services Agreement. The information will be used to determine the legal, technical, and financial ability of the non-U.S. satellite entities to provide satellite services and will assist the Commission in determining whether proposed operations are in the public interest. Federal Communications Commission. Thomas S. Tycz, Chief, Satellite and Radiocommunication Division, International Bureau. [FR Doc. 97-12526 Filed 5-13-97; 8:45 am] BILLING CODE 6712-01-P