[Federal Register Volume 65, Number 15 (Monday, January 24, 2000)]
[Notices]
[Pages 3715-3716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1620]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 99-2844]


Process for Providing Service Under Global International section 
214 Authorizations Using Approved Non-U.S.-Licensed Satellite Systems 
Listed on the Permitted Space Station List

AGENCY:  Federal Communications Commission.

ACTION:  Notice.

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SUMMARY:  This document announces a change in the International 
Bureau's interpretation of its Exclusion List in light of the 
Commission's decision in the DISCO II Recon. proceeding. This action 
will reduce the regulatory burden on carriers seeking to provide 
international services using certain non-U.S.-licensed satellite 
systems by permitting the use of pre-approved satellites under global 
international section 214 authorizations without the need to obtain 
separate authority for such non-U.S.-licensed satellites.

DATES:  Effective December 22, 1999.

FOR FURTHER INFORMATION CONTACT:  Lisa Choi, Policy and Facilities 
Branch, Telecommunications Division, International Bureau, (202) 418-
1460.

SUPPLEMENTARY INFORMATION:
    1. The International Bureau announces its interpretation of its 
Exclusion List for International section 214 Authorizations (Exclusion 
List) to conform to a recent Commission order streamlining rules 
relating to the use of non-U.S. licensed satellite systems. See 
Amendment of the Commission's Regulatory Policies to Allow Non-U.S. 
Licensed Space Stations to Provide Domestic and International Satellite 
Service in the United States, IB Docket No. 96-111, FCC 99-325 (64 FR 
61791, November 15, 1999).
    2. The Commission developed the Exclusion List as a procedural 
mechanism to identify restrictions on providing common carrier service. 
The Exclusion List identifies those countries or facilities that are 
not included within the scope of a global section 214 authorization (61 
FR 15724, April 9, 1996). When a carrier seeks to use facilities or 
serve a country that is on the Exclusion List, the carrier must file a 
separate section 214 application pursuant to Sec. 63.18(e)(4) of the 
Commission's rules.
    3. Currently, the Exclusion List prohibits carriers from using all 
non-U.S.-licensed satellite systems without obtaining a separate 
section 214 authorization (64 FR 19057, April 19, 1999). The 
Commission, however, recently changed its rules regarding the use of 
non-U.S.-licensed satellite systems in the DISCO II Recon. proceeding. 
In the DISCO II Recon. proceeding, the Commission simplified the 
process by which authorized non-U.S.-licensed fixed satellites may 
serve the U.S. market. In particular, U.S. earth station operators with 
ALSAT licenses will be permitted to access a non-U.S.-licensed 
satellite to provide fixed-satellite service in the conventional C- or 
Ku-bands without further regulatory approval, once that non-U.S.-
licensed satellite has been authorized to serve the United States. 
Originally, earth station operators with ALSAT licenses were permitted 
to access any U.S.-licensed satellite. In the DISCO II Recon. 
proceeding, these licensees' authority was expanded to include non-
U.S.-licensed satellites on the Permitted Space Station List. Pursuant 
to the DISCO II Recon. proceeding, the International Bureau will keep a 
list of such authorized non-U.S.-licensed satellite systems to be 
referred to as the Permitted Space Station List (www.fcc.gov/ib/srd/se/permitted.html).
    4. In light of the DISCO II Recon. proceeding, it is not necessary 
to require holders of global section 214 authorizations to file for and 
obtain a separate section 214 authorization for non-U.S.-licensed 
satellite systems that have been authorized to provide fixed-satellite 
service in the United States and placed on the Permitted Space Station 
List. Prior to placing a space station on the Permitted Space Station 
List, the Commission will conduct a proceeding that will provide 
parties notice and an opportunity to comment on any potential Title III 
or section 214 issues raised by permitting operators with ALSAT 
licenses to access the non-U.S.-licensed satellite.
    5. Accordingly, we interpret the Exclusion List restriction for all 
non-U.S.-licensed satellite systems to refer only to non-U.S.-licensed 
satellite systems that are not listed on the Permitted Space Station 
List. This interpretation will avoid confusion, reduce regulatory 
burden, and ensure that the Exclusion List is consistent with the 
Commission's policies. This interpretation of the Exclusion List became 
effective December 22, 1999. The announcement of the effective date of 
the DISCO II Recon. proceeding is

[[Page 3716]]

published elsewhere in this issue of the FR. Until the DISCO II Recon. 
proceeding became effective, the Commission required that carriers 
wishing to use non-U.S.-licensed satellite systems must file a separate 
section 214 application pursuant to Sec. 63.18(e)(4) of the 
Commission's rules.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Attachment--Exclusion List for International Section 214 Authorizations 
Last Modified December 22, 1999

    The following is a list of countries and facilities not covered 
by grant of global section 214 authority under Sec. 63.18(e)(1) of 
the Commission's Rules, 47 CFR 63.18(e)(1). In addition, the 
facilities listed shall not be used by U.S. carriers authorized 
under Sec. 63.18 of the Commission's Rules unless the carrier's 
section 214 authorization specifically lists the facility.
    Carriers desiring to serve countries or use facilities listed as 
excluded hereon shall file a separate section 214 application 
pursuant to Sec. 63.18(e)(4) of the Commission's Rules. See 
generally 47 CFR 63.22.
    Countries: Cuba (Applications for service to Cuba shall comply 
with the separate filing requirements of the Commission's Public 
Notice Report No. I-6831, dated July 27, 1993, ``FCC to Accept 
Applications for Service to Cuba.'')
    Facilities: All non-U.S.-licensed satellite systems that are not 
on the Permitted Space Station List, maintained at www.fcc.gov/ib/srd/se/permitted.html. See International Bureau Public Notice, DA 
99-2844 (rel. Dec. 17, 1999).
    This list is subject to change by the Commission when the public 
interest requires. Before amending the list, the Commission will 
first issue a public notice giving affected parties the opportunity 
for comment and hearing on the proposed changes. The Commission may 
then release an order amending the exclusion list. This list also is 
subject to change upon issuance of an Executive Order. See 
Streamlining the section 214 Authorization Process and Tariff 
Requirements, IB Docket No. 95-118, FCC 96-79, 11 FCC Rcd 12,884, 
released March 13, 1996 (61 Fed. Reg. 15,724, April 9, 1996). A 
current version of this list is maintained at http://www.fcc.gov/ib/td/pf/exclusionlist.html. For additional information, contact the 
International Bureau's Telecommunications Division, Policy & 
Facilities Branch, (202) 418-1460.
[FR Doc. 00-1620 Filed 1-21-00; 8:45 am]
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