[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Rules and Regulations]
[Pages 61791-61792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29538]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 96-111; FCC 99-325]


Common Carrier Services: Satellite Communications--Earth Stations 
Operating with Non-U.S. Licensed Space Stations; Application 
Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule; reconsideration.

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SUMMARY: In this First Order on Reconsideration, the Commission 
streamlines the process it established in the 1997 DISCO II Order. 
First, the First Order on Reconsideration permits the operators of in-
orbit non-U.S. satellites to request authority to provide space segment 
capacity service to licensed earth stations in the United States. Under 
DISCO II, this request can only be made by an earth station operator. 
Second, the Order permits earth station licensees to access a 
particular non-U.S. satellite to provide fixed-satellite service in the 
conventional C- or Ku-bands without further regulatory approval, once 
that non-U.S. satellite is authorized to serve the United States. The 
actions here are intended to simplify procedures for foreign entry into 
the U.S. market for fixed-satellite services, thereby enhancing 
competition. The Commission expects enhanced competition to provide 
consumers more alternatives in choosing communications providers and 
services, reduce prices, and facilitate technological innovation.

DATES: The amendments to Sec. 25.137 contain information collection 
requirements and are not effective until OMB approval is received. The 
Commission will publish a document in the Federal Register announcing 
the effective date. Public comments on the modified information 
collection requirements are due on or before December 15, 1999. OMB 
comments are due January 14, 2000.

ADDRESSES: A copy of any comments on the information collection 
requirements should be submitted to Judy Boley, Federal Communications 
Commission, Room 1-C804, 445 12th Street, SW, Washington, DC, 20554, or 
via the Internet to [email protected]., and to Virginia Huth, OMB Desk 
Officer, Room 10236, 725--17th Street, NW, Washington, DC 20503 or via 
the Internet to VH[email protected].

FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Satellite Policy 
Branch, Satellite and Radiocommunication Division, International 
Bureau, (202) 418-1539. For additional information concerning the 
collections contained in this document, contact Judy Boley at (202) 
418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
Order on Reconsideration, adopted October 28, 1999, and released 
October 29, 1999. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Room CY-A257, 445 12th St., SW, 
Washington, DC 20554. The complete text of this decision may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, 1231 20th St., NW, Washington, DC 20036.

Paperwork Reduction Act

    The decision contained herein has been analyzed with respect to the 
Paperwork Reduction Act of 1995, Public Law 104-13, and has been found 
to contain new or modified information collection requirements that are 
subject to Office of Management and Budget (``OMB'') review. As part of 
the Commission's continuing effort to reduce paperwork burdens, we 
invite the general public and OMB to take this opportunity to comment 
on the information collections contained this decision, as required by 
the Paperwork Reduction Act of 1995. 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. Public comments on the 
information collection requirements are due on or before December 15, 
1999; OMB comments are due January 14, 2000. A copy of any comments on 
the information collection requirements should be submitted to Judy 
Boley, Federal Communications Commission, Room 1-C804, 445 12th Street, 
SW, Washington, DC, 20554, or via the Internet to [email protected]., and 
to Virginia Huth, OMB Desk Officer, Room 10236, 725--17th Street, NW, 
Washington, DC 20503 or via the Internet to VH[email protected].
    OMB Approval Number: 3060-0678.
    Title: Commission's Rules and Regulations for Satellite Application 
and Licensing Procedures.
    Type of Review: Revision of an existing collection.
    Respondents: Business and for-profit entities; not-for-profit 
entities.
    Number of Respondents: 1,270.
    Estimated Time per Response: 2 hours.
    Frequency of Response: On occasion filing requirements and third-
party disclosure requirements.
    Total Estimated Annual Burden to Respondents: 2,540 hours.
    Total Estimated Annual Cost to Respondents: $9,457,000.
    Needs and Uses: The information accounted for in this collection is 
used by the Commission staff in carrying out its duties under the 
Communications Act and the WTO Basic Agreement. A non-U.S. licensed 
entity is required to provide the requested information when seeking to 
provide satellite service in the United States. U.S.-licensed satellite 
space and earth station applicants and licensees providing or seeking 
to provide service in conjunction with part 25 of the Commission's 
rules will continue to be required to submit the information requested 
therein. The information is used by the Commission to determine whether 
the entity is qualified, legally, technically, and financially to 
provide service and compete in the U.S. market and whether the 
requested authority is in the public interest. Without such 
information, the Commission could not determine whether to permit the 
respondent to provide telecommunication services in the United States 
and therefore fulfill its

[[Page 61792]]

statutory and responsibilities in accordance with the Communications 
Act of 1934, as amended, and the obligations imposed on parties to the 
WTO Basic Agreement.

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (``RFA''), 5 U.S.C. 
603, as amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA), and the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), the 
Commission incorporated an Initial Regulatory Flexibility Analysis 
(``IRFA'') in the Notice in this docket, 61 FR 32399 (June 24, 1996). 
In the DISCO II Order, the Commission prepared a Final Regulatory 
Flexibility Analysis (``FRFA'') of the possible significant economic 
impact this order might have on small entities, in conformance with the 
RFA. We hereby incorporate the FRFA herein, and nothing in this Order 
on Reconsideration requires us to revisit any of our conclusions in the 
FRFA.

Ordering Clauses

    Accordingly, It is ordered, pursuant to sections 1, 2, 4(i), 
303(r), 308, 309, and 310 of the Communications Act, 47 U.S.C. 151, 
152, 154(i), 303(r), 308, 309, 310, and 47 CFR 1.108, the policies, 
rules, and requirements discussed herein are adopted and 47 CFR Part 
25, Is amended.
    It is further ordered, pursuant to 47 CFR 1.2, that non-U.S. 
satellite operators may request access to the United States to provide 
fixed-satellite services in the conventional C- and Ku-bands by 
submitting a Request for a Declaratory Ruling, accompanied by the 
information required in 47 CFR 25.114 and 25.137, for the non-U.S. 
satellite.
    It is further ordered that the Commission will make public a list 
of non-U.S. satellites providing fixed-satellite services in the 
conventional C- and Ku-bands that have been approved to provide space 
segment capacity service in the United States, together with any 
applicable conditions or limitations on that access.
    It is further ordered that earth stations licensed before the 
effective date of this Order that are authorized to access ``ALSAT'' as 
points of communications may access any satellite on the Permitted 
Space Station list, including any subsequent revisions to the list, 
when this Order becomes effective, provided that operations comply with 
its license and any applicable conditions or limitations placed on 
communications with the non-U.S. satellite providing fixed-satellite 
services in the conventional C- and Ku-bands.
    It is further ordered that the amendments to Part 25 of the 
Commission's rules, 47 CFR Part 25, and the policies, rules, and 
requirements discussed herein shall take effect upon OMB approval of 
the information collection requirements. The Commission will publish a 
document in the Federal Register announcing the effective date and 
notifying parties that this rule has become effective. Public comments 
on the modified information collection requirements are due on or 
before December 15, 1999. OMB comments are due January 14, 2000.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309, and 
332, unless otherwise noted.

    2. In Sec. 25.137, revise paragraph (a) introductory text and 
paragraph (b) to read as follows:


Sec. 25.137  Application requirements for earth stations operating with 
non-U.S. licensed space stations.

    (a) Earth station applicants or entities filing a ``letter of 
intent'' or ``Petition for Declaratory Ruling'' requesting authority to 
operate with a non-U.S. licensed space station to serve the United 
States must attach an exhibit with their FCC Form 312 application with 
information demonstrating that U.S.-licensed satellite systems have 
effective competitive opportunities to provide analogous services in:
* * * * *
    (b) Earth station applicants, or entities filing a ``letter of 
intent,'' or ``Petition for Declaratory Ruling,'' requesting authority 
to operate with a non-U.S. licensed space station must attach to their 
FCC Form 312 an exhibit providing legal, financial, and technical 
information for the non-U.S. licensed space station in accordance with 
part 25 and part 100 of this chapter.
* * * * *
[FR Doc. 99-29538 Filed 11-12-99; 8:45 am]
BILLING CODE 6712-01-P