[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Pages 59749-59751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25740]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 00-91; FCC 00-340]


Availability of Intelsat Space Segment Capacity

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission has determined that 
users and service providers do not have sufficient opportunity to 
access INTELSAT space segment capacity directly from INTELSAT to meet 
their service and capacity requirements. The Commission also has 
required Comsat to enter into commercial negotiations with direct 
access customers to attempt to resolve satellite capacity allocation 
issues.

DATES: Effective October 6, 2000 written comments by the public on the 
new information collections are due December 5, 2000.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
445 Twelfth Street, SW, Washington, DC, 20554. Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS) or by 
filing paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (May 1, 1998). Comments filed through the ECFS 
can be sent via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption proceeding, 
however, commenters must transmit one copy of the comments to each 
docket or rulemaking number referenced in the caption. In completing 
the transmittal screen, commenters should include their full name, 
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 [email protected], and should include the following words 
in the body of the message, ``get form@your e-mail address.'' A sample 
form and directions will be sent in reply.
    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].

FOR FURTHER INFORMATION CONTACT: James Ball, International Bureau, 
(202) 418-0427; Steven Spaeth, Satellite Policy Branch, Satellite and 
Radiocommunication Division, International Bureau, (202) 418-1539. A 
copy of any comments on the information collections contained herein 
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].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, adopted September 13, 2000, and released September 19, 2000. 
The full text of this Commission decision is available for inspection 
and copying

[[Page 59750]]

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.
    The Commission is required to conduct this rulemaking pursuant to 
the recently enacted Open-Market Reorganization for the Betterment of 
International Telecommunications Act (ORBIT Act). Section 641(b) of the 
Communications Satellite Act of 1962, as amended by the ORBIT Act, 
requires the Commission to determine whether ``sufficient opportunity'' 
exists for users and service providers ``to access INTELSAT space 
segment capacity directly from INTELSAT to meet their service and 
capacity requirements.'' If the Commission finds that ``sufficient 
opportunity'' does not exist, the Commission is required to ``take 
appropriate action to facilitate direct access,'' and otherwise ``to 
take such steps as may be necessary to prevent circumvention of the 
intent'' of this section. Section 641(c) states that ``nothing in this 
section shall be construed to permit the modification or abrogation of 
any contract.''
    In 1999, the Commission permitted users and service providers in 
the United States to obtain Level 3 direct access to INTELSAT space 
segment capacity. Direct Access to the INTELSAT System, Report and 
Order, 64 FR 54561 (October 7, 1999). Level 3 direct access permits 
non-Signatory users and service providers to enter into contractual 
agreements with INTELSAT for space segment capacity at the same rates 
that INTELSAT charges its Signatories. The subsequently enacted ORBIT 
Act mandates that users and providers of telecommunications services 
shall be permitted to obtain Level 3 direct access to INTELSAT and 
requires the Commission to conduct this rulemaking.
    The Commission issued a Notice of Proposed Rulemaking in this 
proceeding. Availability of INTELSAT Space Segment Capacity to Users 
and Service Providers Seeking to Access INTELSAT Directly, Notice of 
Proposed Rulemaking, 65 FR 35312 (June 2, 2000). The Commission 
concludes that users and service providers currently do not have 
sufficient opportunity for direct access. This is because most of 
INTELSAT's current U.S.-accessible capacity is subject to Comsat 
control, or is committed to other INTELSAT Signatories. In addition, a 
significant portion of INTELSAT's uncommitted capacity is fragmented 
into small amounts of bandwidth, and therefore may not be useful for 
many purposes.
    Although INTELSAT plans to launch new satellites and to redeploy 
existing satellites to make more capacity available by 2003, the 
Commission cannot determine whether there will be sufficient 
opportunity for direct access in the future. Most of the new capacity 
will be concentrated at three orbital locations. It is not clear from 
the record in this proceeding whether capacity at those locations will 
meet the needs of direct access users. Furthermore, Comsat can renew 
the contracts covering the capacity currently under its control, so 
that there is no way to determine how much of that capacity will become 
available for direct access in the future.
    The Commission also concludes that the ``appropriate action'' the 
Commission should adopt is a ``commercial solution.'' In other words, 
the Commission requires the parties to attempt to negotiate mutually 
agreeable arrangements, and to report back by March 13, 2001 on the 
progress of those negotiations. Finally, the Commission concludes that 
the Commission may adopt a ``regulatory solution'' if ``commercial 
solutions'' are unavailable. The draft does not foreclose any 
regulatory option at this time.
    This Report & Order contains new information collections subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will 
be submitted to the Office of Management and Budget (OMB) for review 
under Section 3507(d) of the PRA. OMB, the general public, and other 
Federal agencies are invited to comment on the new or modified 
information collections contained in this proceeding.

Paperwork Reduction Act

    This Report and Order contains new information collections. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collections contained in this R&O as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due December 5, 2000. Comments should address: (a) Whether the new 
or modified 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.
    OMB Control Number: 3060-XXXX (new collection).
    Title: Availability of INTELSAT Space Segment Capacity to Users and 
Service Providers Seeking to Access INTELSAT Directly.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 10.
    Estimated Time per Response: Two hours.
    Frequency of Response: One time only.
    Total Annual Burden: 20 hours.
    Total Annual Costs: $3000.
    Needs and Uses: This data collection is necessary to enable the 
Commission to evaluate the decisions made in this Report and Order.
    Regulatory Flexibility Analysis: As required by the Regulatory 
Flexibility Act (RFA), \1\ an Initial Regulatory Flexibility Analysis 
(IRFA) was incorporated in the Notice. The Commission then sought 
written public comment in that proceeding, including comments on the 
IRFA. No party filed comments in response to the IRFA. Further, this 
Report and Order promulgates no new rules and our action here does not 
affect the previous analysis in the Notice.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (``CWAAA''). Title II of 
the CWAAA is the Small Business Regulatory Enforcement Fairness Act 
of 1996 (``SBREFA'').
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Ordering Clauses

    Accordingly, pursuant to Sections 102(c), 210(c)(2), 201(c)(11), 
and 641 of the Communications Satellite Act of 1962, as amended, 47 
U.S.C. 721(c), 741(c)(2), 741(c)(11), 765, and Sections 1, 2, 4(c), 
201, 202, 214, 301, 303, 307, 308, and 309 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(c), 201, 202, 214, 301, 303, 
307, 308, and 309, that the requirements and policies are adopted.
    Comsat Corporation shall file the report discussed in this Order on 
or before March 13, 2001.
    Authority is delegated to the Chief, International Bureau, as 
specified herein, to effect the decisions set forth above.
    The Motion for Extension of Time filed by Comsat Corporation on 
July 24, 2000, is granted.


[[Page 59751]]


Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 00-25740 Filed 10-5-00; 8:45 am]
BILLING CODE 6712-01-U