[Federal Register Volume 66, Number 5 (Monday, January 8, 2001)]
[Proposed Rules]
[Pages 1283-1294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-88]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 23 and 25

[IB Docket No. 00-248, FCC 00-435]


2000 Biennial Regulatory Review

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the Commission initiates a review of the 
procedures governing the processing of

[[Page 1284]]

non-routine earth station license applications. The Commission also 
proposes simplifying the application form for routine earth station 
licenses. The Commission's objectives are to expedite the review of 
earth station application, so that earth station operators can provide 
their services sooner.

DATES: Comments are due on or before March 26, 2001. Reply comments are 
due on or before April 23, 2001.
    Written comments by the public on the proposed information 
collections are due March 26, 2001. Written comments must be submitted 
by the Office of Management and Budget (OMB) on the proposed 
information collection(s) on or before April 23, 2001.

ADDRESSES: 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 Fed. Reg. 24,121 
(1998). Comments filed through the ECFS can be sent as an electronic 
file 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 of this 
proceeding, however, commenters must transmit one electronic 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.
    Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appear in the caption of this proceeding, commenters must submit two 
additional copies for each additional docket or rulemaking number. All 
filings must be sent to the Commission's Secretary, Magalie Roman 
Salas, Office of the Secretary, Federal Communications Commission, The 
Portals, 445 Twelfth Street, SW., Room TW-A325, Washington, DC 20554.
    In addition to filing comments with the Secretary, 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], and to Edward C. Springer, OMB Desk Officer, Room 
10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the 
Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Satellite and 
Radiocommunication Division, International Bureau, (202) 418-1539. For 
additional information concerning the information collection(s) 
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 Notice 
of Proposed Rulemaking adopted December 11, 2000. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the FCC Public Reference Room, 445 Twelfth 
Street, SW., Room CY-A257, Washington, DC 20554. The complete text of 
this decision may also be purchased from the Commission's copy 
contractor, International Transcription Service, Suite 140, 2100 M 
Street, NW., Washington, DC 20037.
    This NPRM contains proposed information collection(s) subject to 
the Paperwork Reduction Act of 1995 (PRA). It has been submitted to the 
Office of Management and Budget (OMB) for review under the PRA. OMB, 
the general public, and other Federal agencies are invited to comment 
on the proposed information collections contained in this proceeding.

Summary of Notice of Proposed Rulemaking

    The Commission has found several cases in which modifying or 
eliminating rules could facilitate licensing of earth stations, thereby 
expediting the provision of useful satellite services to the public, 
without unreasonably increasing the risk of harmful interference to 
existing earth station or space station operators, or terrestrial 
wireless operators in shared frequency bands. In particular, we seek 
comment on the following rule revisions:
    (1) Codifying streamlined procedures for case-by-case examination 
of earth stations using ``non-routine'' antennas, non-routine power 
levels, or both;
    (2) Relaxing some current requirements, such as increasing power 
and power density limits, and allowing some temporary fixed earth 
stations to begin operation sooner than is now permitted;
    (3) Streamlining the very small aperture terminal (VSAT) rules; and 
revising the Commission's power level rules to provide for various 
types of VSAT multiple access methods;
    (4) Adopting a simplified license application form for ``routine'' 
earth stations; and
    (5) Other miscellaneous rule revisions.
    In addition, the Commission invites parties to propose revisions to 
part 23 of its rules, governing International Fixed Public 
Radiocommunication Services.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA),\1\ the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities by 
the policies and rules proposed in this notice of proposed rulemaking. 
We request written public comments on this IRFA. Commenters must 
identify their comments as responses to the IRFA and must file the 
comments by the deadlines for comments on the notice of proposed 
rulemaking provided above. The Commission will send a copy of the 
notice of proposed rulemaking, including this IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. See 5 U.S.C. 
603(a). In addition, the Notice of Proposed Rulemaking and IRFA (or 
summaries thereof) will be published in the Federal Register.
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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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A. Need for, and Objectives of, the Proposed Rules

    The Telecommunications Act of 1996 requires the Commission in every 
even-numbered year beginning in 1998 to review all regulations that 
apply to the operations or activities of any provider of 
telecommunications service and to determine whether any such regulation 
is no longer necessary in the public interest due to meaningful 
economic competition.
    Our objective is to repeal or modify any rules in Part 25 that are 
no longer necessary in the public interest, as required by Section 11 
of the Communications Act of 1934, as amended.

B. Legal Basis

    The proposed action is supported by Section 11 of the 
Communications Act of 1934, as amended, 47 U.S.C. 161.

[[Page 1285]]

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules May Apply

    The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of, the number of small entities that may be 
affected by the proposed rules, if adopted.\2\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \3\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\4\ A small business concern is one which:
    (1) Is independently owned and operated;
    (2) Is not dominant in its field of operation; and
    (3) Satisfies any additional criteria established by the Small 
Business Administration (SBA).\5\ A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' \6\ Nationwide, as of 
1992, there were approximately 275,801 small organizations.\7\ ``Small 
governmental jurisdiction'' generally means ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than 50,000.'' \8\ As of 1992, 
there were approximately 85,006 such jurisdictions in the United 
States.\9\ This number includes 38,978 counties, cities, and towns; of 
these, 37,566, or 96 percent, have populations of fewer than 
50,000.\10\ The Census Bureau estimates that this ratio is 
approximately accurate for all governmental entities. Thus, of the 
85,006 governmental entities, we estimate that 81,600 (91 percent) are 
small entities. Below, we further describe and estimate the number of 
small entity licensees that may be affected by the proposed rules, if 
adopted.
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    \2\ 5 U.S.C. 603(b)(3)
    \3\ Id. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \5\ Small Business Act, 15 U.S.C. 632 (1996).
    \6\ 5 U.S.C. 601(4).
    \7\ 1992 Economic Census, U.S. Bureau of the Census, Table 6 
(special tabulation of data under contract to Office of Advocacy of 
the U.S. Small Business Administration).
    \8\ 5 U.S.C. 601(5).
    \9\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census 
of Governments.''
    \10\ Id.
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1. Cable Services
    The SBA has developed a definition of small entities for cable and 
other pay television services, which includes all such companies 
generating $11 million or less in revenue annually. This definition 
includes cable systems operators, closed circuit television services, 
direct broadcast-satellite services, multipoint distribution systems, 
satellite master antenna systems and subscription television services. 
According to the Census Bureau data from 1992, there were 1,788 total 
cable and other pay television services and 1,423 had less than $11 
million in revenue. The Commission has developed its own definition of 
a small cable system operator for the purposes of rate regulation. 
Under the Commission's rules, a ``small cable company,'' is one serving 
fewer than 400,000 subscribers nationwide.\11\ Based on our most recent 
information, we estimate that there were 1,439 cable operators that 
qualified as small cable system operators at the end of 1995.\12\ Since 
then, some of those companies may have grown to serve over 400,000 
subscribers, and others may have been involved in transactions that 
caused them to be combined with other cable operators. Consequently, we 
estimate that there are fewer than 1,439 small entity cable system 
operators.
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    \11\ 47 CFR 76.901(e). The Commission developed this definition 
based on its determination that a small cable system operator is one 
with annual revenues of $100 million or less. Implementation of 
Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and 
Order and Eleventh Order on Reconsideration. 10 FCC Rcd 7393 (1995), 
60 FR 10534 (Feb. 27, 1995).
    \12\ Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 
1996 (based on figures for Dec. 30, 1995).
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    The Communications Act also contains a definition of a small cable 
system operator, which is ``a cable operator that, directly or through 
an affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' \13\ The Commission has determined that there are 
66,690,000 subscribers in the United States. Therefore, we found that 
an operator serving fewer than 666,900 subscribers shall be deemed a 
small operator, if its annual revenues, when combined with the total 
annual revenues of all of its affiliates, do not exceed $250 million in 
the aggregate.\14\ Based on available data, we find that the number of 
cable operators serving 666,900 subscribers or less totals 1,450.\15\ 
We do not request nor do we collect information concerning whether 
cable system operators are affiliated with entities whose gross annual 
revenues exceed $250,000,000, and thus are unable at this time to 
estimate with greater precision the number of cable system operators 
that would qualify as small cable operators under the definition in the 
Communications Act.
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    \13\ 47 U.S.C. 543(m)(2).
    \14\ 47 CFR 76.1403(b).
    \15\ Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 
1996 (based on figures for Dec. 30, 1995).
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2. International Services
    The Commission has not developed a definition of small entities 
applicable to licensees in the international services. Therefore, the 
applicable definition of small entity is generally the definition under 
the SBA rules applicable to Communications Services, Not Elsewhere 
Classified (NEC).\16\ This definition provides that a small entity is 
expressed as one with $11.0 million or less in annual receipts.\17\ 
According to the Census Bureau, there were a total of 848 
communications services providers, NEC, in operation in 1992, and a 
total of 775 had annual receipts of less than $9.999 million.\18\ The 
Census report does not provide more precise data.
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    \16\ An exception is the Direct Broadcast Satellite (DBS) 
Service, infra.
    \17\ 13 CFR 120.121, SIC code 4899.
    \18\ 1992 Economic Census Industry and Enterprise Receipts Size 
Report, Table 2D, SIC code 4899 (U.S. Bureau of the Census data 
under contract to the Office of Advocacy of the U.S. Small Business 
Administration).
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    a. Fixed Satellite Transmit/Receive Earth Stations. Currently there 
are over 7500 authorized fixed satellite transmit/receive earth 
stations authorized for use in bands shared with the terrestrial fixed 
service. We do not request or collect annual revenue information, and 
thus are unable to estimate the number of the earth stations that would 
constitute a small business under the SBA definition.
    b. Mobile Satellite Earth Station Feeder Links. There are two 
licensees operating in spectrum shared with terrestrial fixed services. 
We do not request or collect annual revenue information, and thus are 
unable to estimate of the number of mobile satellite earth stations 
that would constitute a small business under the SBA definition.
    c. Space Stations (Geostationary). Commission records reveal that 
there are six space station licensees licensed in spectrum shared on a 
co-primary basis with the terrestrial fixed service in the C- and Ku-
bands. We do not request or collect annual revenue information,

[[Page 1286]]

and thus are unable to estimate of the number of geostationary space 
stations that would constitute a small business under the SBA 
definition.
    d. Space Stations (Non-Geostationary). There are four Non-
Geostationary Space Station licensees licensed in spectrum shared on a 
co-primary basis with the terrestrial fixed service in the C- and Ku-
bands. We do not request or collect annual revenue information, and 
thus are unable to estimate of the number of non-geostationary space 
stations that would constitute a small business under the SBA 
definition.
3. Auxiliary, Special Broadcast and Other Program Distribution Services
    This service involves a variety of transmitters, generally used to 
relay broadcast programming to the public (through translator and 
booster stations) or within the program distribution chain (from a 
remote news gathering unit back to the station). The Commission has not 
developed a definition of small entities applicable to broadcast 
auxiliary licensees. Therefore, the applicable definition of small 
entity is the definition under the Small Business Administration (SBA) 
rules applicable to radio broadcasting stations (SIC 4832) and 
television broadcasting stations (SIC 4833). These definitions provide 
that a small entity is one with either $5.0 million or less in annual 
receipts for a radio broadcasting station or $10.5 million in annual 
receipts for a TV station. 13 C.F.R. 121.201, SIC CODES 4832 and 4833. 
There are currently 3,237 FM translators and boosters, 4913 TV 
translators.\19\ The FCC does not collect financial information on any 
broadcast facility and the Department of Commerce does not collect 
financial information on these auxiliary broadcast facilities. We 
believe, however, that most, if not all, of these auxiliary facilities 
could be classified as small businesses by themselves. We also 
recognize that most translators and boosters are owned by a parent 
station which, in some cases, would be covered by the revenue 
definition of small business entity discussed above. These stations 
would likely have annual revenues that exceed the SBA maximum to be 
designated as a small business (as noted, either $5 million for a radio 
station or $10.5 million for a TV station). Furthermore, they do not 
meet the Small Business Act's definition of a ``small business 
concern'' because they are not independently owned and operated.
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    \19\ FCC News Release, Broadcast Station Totals as of September 
30, 1999, No. 71831 (Jan. 21, 1999).
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4. Microwave Services
    Microwave services include common carrier, private operational 
fixed, and broadcast auxiliary radio services. At present, there are 
over 13,500 common carrier stations, and approximately 18,000 private 
operational fixed stations and broadcast auxiliary radio stations in 
the microwave services in spectrum that is potentially affected by this 
rulemaking. Additionally, these stations represent the following 
distinct licensees among the various radio services: LMDS (121), DEMS 
(2), Common Carrier Fixed (PTP and LTTS) (1028), Private Operational 
Fixed PTP (1511), and Fixed Broadcast Auxiliary (806).\20\ Inasmuch as 
the Commission has not yet defined a small business with respect to 
microwave services, we will utilize the SBA's definition applicable to 
radiotelephone companies--i.e., an entity with no more than 1,500 
persons. 13 CFR 121.201, SIC CODE 4812. We estimate, for this purpose, 
that all of the Fixed Microwave licensees (excluding broadcast 
auxiliary licensees) would qualify as small entities under the SBA 
definition for radiotelephone companies.
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    \20\ Results of analysis by FCC ULS contractor in July 2000.
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    None of the proposed rules in this notice are expected to increase 
the reporting, record keeping and other compliance requirements of any 
telecommunications carrier.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives: (1) The establishment of 
differing compliance or reporting requirements or timetables that take 
into account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    This Notice solicits comment on alternatives for more efficient 
processing of non-routine earth station applications and simplifying 
earth station application forms.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.
    Paperwork Reduction Act: This NPRM contains proposed new and 
modified information collections. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection(s) contained in this NPRM, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due at the same time as other comments on this NPRM; OMB 
notification of action is due April 23, 2001. 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.
    OMB Control Number: 3060-0678.
    Title: Part 25 of the Commission's Rules Governing the Licensing 
of, and Spectrum Usage by, Satellite Network Earth Stations and Space 
Stations
    Form No.: FCC Form 312, FCC Form 312 EZ, FCC Form 312-R, FCC Form 
312-M, FCC Form 312 Schedule S.
    Type of Review: Revision of existing collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 4,560.
    Estimated Time Per Response: 2 hours.
    Total Annual Burden: 9,120 hours.
    Total Annual Costs: $13,838,080.
    Needs and Uses: The information collection requirements accounted 
for in this collection are necessary to determine the technical, legal 
and financial qualifications of applicants or licensees to operate a 
station, transfer or assign a license, and to determine whether the 
authorization is in the public interest, convenience and necessity. 
Without such information, the Commission could not determine whether to 
permit respondents to provide telecommunication services in the U.S. 
The Commission would therefore be unable to fulfill its statutory and 
responsibilities in accordance with

[[Page 1287]]

the Communications Act of 1934, as amended, and the obligations imposed 
on parties to the WTO Basic Telecom Agreement.

Ordering Clauses

    Pursuant to Sections 4(i), 7(a), 11, 303(c), 303(f), 303(g), and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
157(a), 161, 303(c), 303(f), 303(g), 303(r), that this Notice of 
Proposed Rulemaking is hereby Adopted.
    The Commission's Consumer Information Bureau, Reference Information 
Center, 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.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission seeks proposals for revisions to part 23 and 
proposes to amend part 25 of title 47 of the Code of Federal 
Regulations as follows:

PART 25--SATELLITE COMMUNICATIONS

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

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309, and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332, 
unless otherwise noted.

    2. Amend Sec. 25.103 by revising paragraphs (b) and (c)(2) to read 
as follows:


Sec. 25.103  Definitions.

* * * * *
    (b) Authorized carrier. The term ``authorized carrier'' means a 
communications common carrier which is authorized by the Federal 
Communications Commission under the Communications Act of 1934, as 
amended, to provide services by means of communications satellites.
    (c) * * *
    (2) The corporation shall be deemed to be a common carrier within 
the meaning of section 3(10) of the Communications Act of 1934, as 
amended.
* * * * *
    3. Amend Sec. 25.109 by revising paragraph (c) to read as follows:


Sec. 25.109  Cross-reference.

* * * * *
    (c) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 80 of this chapter.
    4. Amend Sec. 25.110 by revising paragraphs (a) and (b) to read as 
follows:


Sec. 25.110  Filing of applications, fees, and number of copies.

    (a) Standard application forms applicable to this part may be 
obtained from the Federal Communications Commission, Forms Distribution 
Center, by calling 1-800-418-FORM (3676).
    (b) Manually filed applications for satellite radio station 
authorizations governed by this part and requiring a fee shall be 
mailed or hand-delivered to the locations specified in Part 1, subpart 
G of this chapter. The addresses for filing and fee amounts for the 
applications are also listed in the International and Satellite 
services fee filing guide from the Commission's Forms Distribution 
Center or by calling 1-800-418-FORM (3676). All other applications 
shall be submitted to the Secretary, Federal Communications Commission, 
445 12th Street, SW., Washington, DC 20554.
* * * * *
    5. Amend Sec. 25.111 by revising paragraph (b) to read as follows:


Sec. 25.111  Additional information.

* * * * *
    (b) Applicants, permittees and licensees of radio stations governed 
by this part shall provide the Commission with all information it 
requires for the advance publication, coordination and notification of 
frequency assignments pursuant to the international radio regulations. 
No protection from interference caused by radio stations authorized by 
other Administrations is guaranteed unless coordination procedures are 
timely completed or, with respect to individual administrations, by 
successfully completing coordination agreements. Any radio station 
authorization for which coordination has not been completed may be 
subject to additional terms and conditions as required to effect 
coordination of the frequency assignments with other Administrations.
    6. Amend Sec. 25.113 by revising the section heading and paragraph 
(a), and removing and reserving paragraph (b) to read as follows:


Sec. 25.113  Station licenses and launch authority.

    (a) Construction permits are not required for satellite earth 
stations. Construction of such stations may commence prior to grant of 
a license at the applicant's own risk. Applicants must comply with the 
provisions of 47 CFR 1.1312 relating to environmental processing prior 
to commencing construction.
* * * * *
    7. Amend Sec. 25.115 by revising paragraphs (a) and (c) to read as 
follows:


Sec. 25.115  Application for earth station authorizations.

    (a) Transmitting earth stations. Commission authorization must be 
obtained for authority to operate a transmitting earth station. 
Applications shall be filed on FCC Form 312 and include the information 
specified in Sec. 25.130.
* * * * *
    (c) Large Networks of Small Antennas operating in the 12/14 GHz 
frequency bands with U.S.-licensed or non-U.S.-licensed satellites for 
domestic or international services. Applications to license small 
antenna network systems operating in the 12/14 GHz frequency band under 
blanket operating authority shall be filed on FCC Form 312 and Schedule 
B, for each large (5 meters or larger) hub station, and Schedule B for 
each representative type of small antenna (less than 5 meters) 
operating within the network.
* * * * *
    8. Revise Sec. 25.117 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.
    (b) [Reserved]
    (c) Applications for modification of earth station authorizations 
shall be submitted on FCC Form 312, Main Form and Schedule B, except as 
set forth in paragraph (e) of this section.
    (d) Applications for modifications of space station authorizations 
shall be filed in accordance with Sec. 25.114, but only those items of 
information listed in Sec. 25.114(c) that change need to be submitted, 
provided the applicant certifies that the remaining information has not 
changed.
    (e) Any application for modification of authorization to extend a 
required date of completion (e.g., begin construction, complete 
construction, launch, bring into operation) shall be filed on FCC Form 
312M (Application for Additional Time to Construct). The application 
must include a verified statement from the applicant:
    (1) That states the additional time is required due to 
unforeseeable

[[Page 1288]]

circumstances beyond the applicant's control, describes these 
circumstances with specificity, and justifies the precise extension 
period requested; or
    (2) That states there are unique and overriding public interest 
concerns that justify an extension, identifies these interests and 
justifies a precise extension period.
    (f) Applications for modification of earth station authorizations 
shall be submitted on FCC Form 312, Main Form and Schedule B, whenever 
the resulting radiofrequency emissions that would be caused by the 
modification would cause the power density in a given area to exceed 
five percent of the radiofrequency exposure limits, such that an 
environmental assessment statement would be required under 
Sec. 1.1307(b)(3)(i) of this chapter.
    9. Revise Sec. 25.118 to read as follows:


Sec. 25.118  Modifications not requiring prior authorization.

    (a) Notification required. Authorized earth station operators may 
make the following modifications to their licenses without prior 
Commission authorization, provided that the operators notify the 
Commission, using FCC Form 312 and Schedule B, within 30 days of the 
modification:
    (1) Licensees may make changes to their authorized earth stations 
without obtaining prior Commission authorization, provided that they 
have complied with all applicable frequency coordination procedures in 
accordance with Sec. 25.251, and the modification does not involve:
    (i) An increase in EIRP or EIRP density (both main lobe and side 
lobe);
    (ii) An increase in transmitted power;
    (iii) A change in coordinates of more than 1 second in latitude or 
longitude for stations operating in frequency bands that are shared 
with terrestrial systems; or
    (iv) A change in coordinates of 10 seconds or greater in latitude 
or longitude for stations operating in frequency bands that are not 
shared with terrestrial systems.
    (v) A change in operations from private carrier to common carrier 
status.
    (2) Equipment in an authorized earth station may be replaced 
without prior authorization if the new equipment is electrically 
identical to the existing equipment.
    (3) Authorized VSAT earth station operators may add VSAT remote 
terminals without prior authorization, provided that they have complied 
with all applicable frequency coordination procedures in accordance 
with Sec. 25.251, and such modifications do not require prior 
authorization under Sec. 25.121(e)(3). (VSAT hub earth stations and all 
remote terminals that are not part of a U.S.-licensed VSAT network are 
treated like other earth stations for purposes of determining whether 
they can be modified without prior authorization.)
    (b) Notification not required. An authorized earth station licensee 
may add, change or replace transmitters or antenna facilities without 
prior authorization, provided:
    (1) The added, changed, or replaced facilities conform to 
Sec. 25.209;
    (2) The particulars of operations remain unchanged;
    (3) Frequency coordination is not required; and
    (4) The maximum power and power density delivered into any antenna 
at the earth station site shall not exceed the values calculated by 
subtracting the maximum antenna gain specified in the license from the 
maximum authorized e.i.r.p. and e.i.r.p. density values.
    10. Amend Sec. 25.121 by revising paragraphs (a), (c), and (e) to 
read as follows:


Sec. 25.121  License term and renewals.

    (a) License term. Except as provided in paragraphs (b) and (c) of 
this section, licenses for facilities governed by this part will be 
issued for a period of 10 years.
* * * * *
    (c) Earth stations. For earth stations, the license term will be 
specified in the instrument of authorization. In no case shall this 
term exceed 15 years.
* * * * *
    (e)(1) Renewal of licenses. Applications for renewals of earth 
station licenses must be submitted on FCC Form 312R no earlier than 90 
days, and no later than 30 days, before the expiration date of the 
license. Applications for space station system replacement 
authorization for non-geostationary orbit satellites shall be filed no 
earlier than 90 days, and no later than 30 days, prior to the end of 
the seventh year of the existing license term.
    (2) In addition to the requirements of paragraph (e)(1) of this 
section, applicants seeking renewal of a MET license must include as an 
attachment to FCC Form 312R a statement of the number of MET units in 
its network placed into operation.
    (3) In addition to the requirements of paragraph (e)(1) of this 
section, applicants seeking renewal of a VSAT license must include as 
an attachment to FCC Form 312R a statement of the number of VSAT units 
in its network placed into operation. If a VSAT licensee does not bring 
all the VSAT units specified in its license into operation by the time 
the licensee is renewed, subsequent modification applications to add 
VSAT units will require prior Commission authorization.
    11. Amend Sec. 25.130 by revising paragraph (a) to read as follows:


Sec. 25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, Main Form and Schedule B, 
accompanied by any required exhibits. In addition, the applicant shall 
submit the following information to be used as an ``informative'' in 
the public notice issued under Sec. 25.151:
    (1) A detailed description of the service to be provided, including 
frequency bands and satellites to be used.
    (2) The diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any random access technique, if applicable, 
as listed in Sec. 25.134(a).
    (5) Identification of any rule or rules for which a waiver is 
requested.
    12. Amend Sec. 25.131 by revising paragraphs (a), (b), (h), (i), 
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 B, accompanied by any 
required exhibits and the information described in 
Sec. Sec. 25.130(a)(1) through 25.130(a)(5).
    (b) Except as provided in paragraph (j) of this section, receive-
only earth stations in the fixed-satellite service that operate with 
U.S.-licensed satellites may be registered with the Commission in order 
to protect them from interference from terrestrial microwave stations 
in bands shared co-equally with the fixed service in accordance with 
the procedures of Sec. Sec. 25.203 and 25.251.
* * * * *
    (h) Registration term. Registrations for receive-only earth 
stations governed by this section will be issued for a period of 15 
years from the date on which the application was filed. Applications 
for renewals of registrations must be submitted on FCC Form 312R 
(Application for Renewal of Radio Station License in Specified 
Services) no earlier than 90 days and no later than 30 days before the 
expiration date of the registration.
    (i) Applications for modification of license or registration of 
receive-only

[[Page 1289]]

earth stations shall be made in conformance with Sec. Sec. 25.117 and 
25.118. In addition, registrants are required to notify the Commission 
when a receive-only earth station is no longer operational or when it 
has not been used to provide any service during any 6-month period.
    (j) Receive-only earth stations operating with non-U.S. licensed 
space stations shall file an FCC Form 312 requesting a license or 
modification to operate such station. Receive-only earth stations used 
to receive INTELNET I service from INTELSAT space stations need not 
file for licenses. See Deregulation of Receive-Only Satellite Earth 
Stations Operating with the INTELSAT Global Communications Satellite 
System, Declaratory Ruling, RM No. 4845, FCC 86-214 (released May 19, 
1986) available through the International Reference Center, FCC, 
identified in Sec. 0.453(m) of this chapter.
    13. Amend Sec. 25.132 by revising paragraph (a) and adding 
paragraph (b)(3) to read as follows:


Sec. 25.132  Verification of earth station antenna performance 
standards.

    (a) All applications for transmitting earth stations must be 
accompanied by a certificate pursuant to Sec. 2.902 of the chapter from 
the manufacturer of each antenna that the results of a series of 
radiation pattern tests performed on representative equipment in 
representative configurations by the manufacturer demonstrates that the 
equipment complies with the performance standards set forth in 
Sec. 25.209. The licensee must be prepared to demonstrate the 
measurements to the Commission on request.
    (b) * * *
    (3) Applicants seeking authority to use an antenna that does not 
meet the standards set forth in Sec. Sec. 25.209(a) and (b), pursuant 
to the procedure set forth in Sec. 25.220, are required to submit a 
copy of the manufacturer's range test plots of the antenna gain 
patterns specified in paragraph (b)(1) of this section.
* * * * *
    14. Amend Sec. 25.133 by revising paragraphs (a) and (b) and adding 
paragraph (e) to read as follows:


Sec. 25.133  Period of construction; certification of commencement of 
operation.

    (a)(1) Each license for an earth station governed by this part, 
except for mobile satellite earth station terminals (METs), shall 
specify as a condition therein the period in which construction of 
facilities must be completed and station operation commenced. 
Construction of the earth station must be completed and the station 
must be brought into operation within 12 months from the date of the 
license grant except as may be determined by the Commission for any 
particular application.
    (2) Each license for mobile satellite earth station terminals 
(METs) shall specify as a condition therein the period in which station 
operation must be commenced. The networks in which the METs will be 
operated must be brought into operation within 12 months from the date 
of the license grant except as may be determined by the Commission for 
any particular application.
    (b)(1) Each license for a transmitting earth station included in 
this part shall also specify as a condition therein that upon the 
completion of construction, each licensee must file with the Commission 
a certification containing the following information:
    (i) The name of the licensee;
    (ii) File number of the application; call sign of the antenna;
    (iii) Date of the license;
    (iv) A certification that the facility as authorized has been 
completed and that each antenna facility has been tested and is within 
2 dB of the pattern specified in Sec. 25.209, Sec. 25.135 (NVNG MSS 
earth stations), or Sec. 25.213 (1.6/2.4 GHz Mobile-Satellite Service 
earth stations). MET licenses shall specify as a condition that the 
licensee must file a certification that it has begun to provide 
service;
    (v) The date on which the station became operational; and
    (vi) A statement that the station will remain operational during 
the license period unless the license is submitted for cancellation.
    (2) For stations authorized under Sec. 25.115(c) (Large Networks of 
Small Antennas operating in the 12/14 GHz bands) and Sec. 25.115(d) 
(User Transceivers in the Mobile-Satellite Service), and for mobile 
satellite earth station terminals (METs), a certificate must be filed 
when the network is put into operation.
* * * * *
    (e) An application for MET authorization shall be filed on FCC Form 
312, Main Form and Schedule B. A MET licensee applying to renew its 
license must follow the procedures provided in Sec. 25.121(e)(2).
    15. Amend Sec. 25.134 by revising paragraphs (a), (b), and (d) to 
read as follows:


Sec. 25.134  Licensing provisions of very small aperture terminal 
(VSAT) networks.

    (a) All applications for VSAT service in the 12/14 GHz band that 
meet the following requirements will be routinely processed:
    (1) The maximum transmitter power spectral density of a digital 
modulated carrier into any GSO FSS earth station antenna shall not 
exceed--14.0--10log(N) dB(W/4 kHz).
    (i) For a VSAT network using frequency division multiple access 
(FDMA) or time division multiple access (TDMA) technique, N is equal to 
one.
    (ii) For a VSAT network using code division multiple access (CDMA) 
technique, N is the likely maximum number of co-frequency 
simultaneously transmitting earth stations in the same satellite 
receiving beam.
    (iii) For a VSAT network using contention Aloha multiple access 
technique, N is equal to two.
    (iv) For a VSAT network using contention CDMA/Aloha multiple access 
technique, N is twice the likely maximum number of co-frequency 
simultaneously transmitting earth stations in the same satellite-
receiving beam without contention.
    (2) The maximum GSO FSS satellite EIRP spectral density of the 
digital modulated emission shall not exceed 6 dB (W/4kHz) for all 
methods of modulation and accessing techniques.
    (3) The maximum hub earth station EIRP shall not exceed 78.3 dBW 
for all methods of multiple access techniques and supporting VSAT 
network identified in paragraph (a)(1) of this section.
    (4) The maximum transmitter power spectral density of an analog 
carrier into any GSO FSS earth station antenna shall not exceed -8.0 
dB(W/4kHz) and the maximum GSO FSS satellite EIRP spectral density 
shall not exceed +13.0 dB(W/4kHz).
    (b) Each applicant for digital and/or analog VSAT network 
authorization proposing to use transmitted satellite carrier EIRP 
densities and/or maximum antenna input power in excess of those 
specified in paragraph (a) of this Section must comply with the 
procedures set forth in Sec. 25.220.
* * * * *
    (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 follow the procedures provided in Sec. 25.121(e)(3).
    16. Amend Sec. 25.138 by adding the following sentence immediately 
succeeding the last sentence of paragraphs (a)(1) and (a)(2) to read as 
follows:

[[Page 1290]]

Sec. 25.138  Blanket licensing provisions of GSO FSS earth stations in 
the 18.58-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space) and 29.5-30.0 GHz (Earth-to-space) 
bands.

    (a) * * *
    (1) * * * N = two for Aloha systems. N = 2 times the likely maximum 
number of co-frequency simultaneously transmitting earth stations in 
the receive beam of the satellite for CDMA/Aloha systems.
    (2) * * * N = two for Aloha systems. N = 2 times the likely maximum 
number of co-frequency simultaneously transmitting earth stations in 
the receive beam of the satellite for CDMA/Aloha systems.
* * * * *


Sec. 25.141  [Removed]

    17. Remove Sec. 25.141.


Sec. 25.144  [Amended]

    18. In Sec. 25.144, remove and reserve paragraph (a)(1).
    19. Amend Sec. 25.151 by revising paragraphs (c)(2) and (d), and 
adding paragraph (e) to read as follows:


Sec. 25.151  Public notice period.

* * * * *
    (c) * * *
    (2) For temporary authorization pursuant to Sec. 25.120.
* * * * *
    (d) Except as specified in paragraph (e) of this section, no 
application that has appeared on public notice will be granted until 
the expiration of a period of thirty days following the issuance of the 
public notice listing the application, or any major amendment thereto. 
Any comments or petitions must be delivered to the Commission by that 
date in accordance with Sec. 25.154.
    (e)(1) Applicants seeking authority to operate a temporary fixed 
earth station pursuant to Sec. 25.277 may consider their applications 
``provisionally granted,'' and may initiate operations upon the 
placement of the complete FCC Form 312 application on public notice, 
provided that
    (i) The temporary fixed earth station will operate only in the 
conventional Ku-band;
    (ii) The temporary fixed earth station's operations will be 
consistent with all routine-licensing requirements for the conventional 
Ku-band; and
    (iii) The temporary fixed earth station's operations will be 
limited to satellites on the Permitted Space Station List.
    (2) Applications for authority granted pursuant to paragraph (e)(1) 
of this section shall be placed on public notice pursuant to paragraph 
(a)(1) of this section. If no comments or petitions are filed within 30 
days of the public notice date, the authority granted will be 
considered a regular temporary fixed earth station authorization as of 
30 days after the public notice date. If a comment or petition is filed 
within 30 days of the public notice date, the applicant must suspend 
operations immediately pending resolution of the issues raised in that 
comment or petition.
    20. Amend Sec. 25.154 by revising paragraphs (c) and (d) and adding 
paragraph (e) to read as follows:


Sec. 25.154  Opposition to applications and other pleadings.

* * * * *
    (c) Except for opposition to petitions to deny an application filed 
pursuant to Sec. 25.220, oppositions to petitions to deny an 
application or responses to comments and informal objections may be 
filed 10 days after the petition, comment, or objection is filed and 
must be in accordance with other applicable provisions of Secs. 1.41 
through 1.52 of this chapter.
    (d) Except for opposition to petitions to deny an application filed 
pursuant to Sec. 25.220, reply comments by the party that filed the 
original petition may be filed with respect to pleadings filed pursuant 
to paragraph (c) of this section within 5 days after the time for 
filing oppositions has expired unless the Commission otherwise extends 
the filing deadline and must be in accordance with other applicable 
provisions of Secs. 1.41 through 1.52 of this chapter.
    (e) If petition to deny an application filed pursuant to 
Sec. 25.220 is filed, the applicant must file a statement with the 
Commission explaining whether the applicant has resolved all 
outstanding coordination issues raised by the petitioner, within 30 
days of the date the petition for deny is filed. This statement must be 
in accordance with the provisions of Secs. 1.41 through 1.52 of this 
chapter applicable to oppositions to petitions to deny.
    21. Revise Sec. 25.201 to read as follows:


Sec. 25.201  Definitions.

    (a) Definitions for terms in subpart C of this part appear in 
paragraph (b) of this section, and in Sec. 2.1 of this chapter.
    (b)(1) Active satellite. An earth satellite carrying a station 
intended to transmit or re-transmit radiocommunication signals.
    (2) Base earth station. An earth station in the fixed-satellite 
service or, in some cases, in the land mobile-satellite service, 
located at a specified fixed point or within a specified area on land 
to provide a feeder link for the land mobile-satellite service. (RR)
    (3) C-band. For purposes of this part, the C-band refers 
specifically to the 3700-4200 MHz downlink and 5925-6425 MHz uplink 
frequency bands. These paired bands are allocated to the Fixed-
Satellite Service and are also referred to as the 4/6 GHz band(s).
    (4) Coordination distance. For the purposes of this part, the 
expression ``coordination distance'' means the distance from an earth 
station, within which there is a possibility of the use of a given 
transmitting frequency at this earth station causing harmful 
interference to stations in the fixed or mobile service, sharing the 
same band, or of the use of a given frequency for reception at this 
earth station receiving harmful interference from such stations in the 
fixed or mobile service.
    (5) Earth station. A station located either on the Earth's surface 
or within the major portion of the Earth's atmosphere intended for 
communication:
    (i) With one or more space stations; or
    (ii) With one or more stations of the same kind by means of one or 
more reflecting satellites or other objects in space.
    (6) Electronic filing. The submission of applications, exhibits, 
pleadings, or other filings to the Commission in an electronic form 
using Internet or World Wide Web on-line filing forms.
    (7) Equivalent diameter. When circular aperture reflector antennas 
are employed, the size of the antenna is generally expressed as the 
diameter of the antenna's main reflector. When non-reflector or non-
circular aperture antennas are employed, an equivalent diameter can be 
computed for the antenna. The equivalent diameter is the diameter of a 
hypothetical circular aperture antenna with the same aperture area as 
the actual antenna. For example, an elliptical aperture antenna with 
major axis, a, and minor axis, b, will have an equivalent diameter of 
[a  x  b]\1/2\. A rectangular aperture antenna with length, 
l, and width, w, will have an equivalent diameter of [(l  x  w)/
]\1/2\.
    (8) Fixed earth station. An earth station intended to be used at a 
specified fixed point.
    (9) Fixed-Satellite Service. A radiocommunication service between 
earth stations at given positions, when one or more satellites are 
used; the given position may be a specified fixed point or any fixed 
point within specified areas; in some cases this service includes 
satellite-to-satellite links, which may also be operated in the inter-
satellite service; the fixed-satellite service may also include feeder 
links of

[[Page 1291]]

other space radiocommunication services. (RR)
    (10) Full transponder. Radio emissions or transmissions that 
occupy, or nearly occupy, the entire satellite transponder. C-band and 
Ku-band satellite systems typically have transponder bandwidths on the 
order of 36 MHz or more. Single carrier full transponder transmissions 
can include full motion analog video, thousands of multiplexed voice 
channels, or high date rates on the order of 50 Mb/s.
    (11) Geostationary satellite. A geosynchronous satellite whose 
circular and direct orbit lies in the plane of the Earth's equator and 
which thus remains fixed relative to the Earth; by extension, a 
satellite which remains approximately fixed relative to the Earth.
    (12) Inter-Satellite Service. A radiocommunication service 
providing links between artificial earth satellites.
    (13) Ku-band. In this rule part, the Ku-band refers specifically to 
the 11700-12200 MHz downlink and 14000-14500 MHz uplink frequency 
bands. These paired bands are allocated to the Fixed-Satellite Service 
and are also referred to as the 12/14 GHz band(s).
    (14) Land earth station. An earth station in the fixed-satellite 
service or, in some cases, in the mobile-satellite service, located at 
a specified fixed point or within a specified area on land to provide a 
feeder link for the mobile-satellite service. (RR)
    (15) Land mobile earth station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    (16) Mobile earth station. An earth station intended to be used 
while in motion or during halts at unspecified points.
    (17) Mobile-satellite service. A radiocommunication service:
    (i) Between mobile earth stations and one or more space stations, 
or between space stations used by this service; or
    (ii) Between mobile earth stations, by means of one or more space 
stations. This service may also include feeder links necessary for its 
operation. (RR)
    (18) Narrowband. Radio emissions or transmissions with narrow or 
limited spectral bandwidths. Narrowband satellite transmissions 
generally provide a single channel or a very limited number of 
channels. Narrowband satellite transmissions generally have bandwidths 
of 40 kHz to 5 MHz.
    (19) Non-Voice, Non-Geostationary mobile-satellite service. A 
mobile-satellite service reserved for use by non-geostationary 
satellites in the provision of non-voice communications which may 
include satellite links between land earth stations at fixed locations.
    (20) 1.6/2.4 GHz mobile-satellite service. A mobile-satellite 
service that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz 
frequency bands, or in any portion thereof.
    (21) Passive satellite. An earth satellite intended to transmit 
radio communication signals by reflection.
    (22) Permitted space station list. A list of satellites including 
all U.S.-licensed satellites and those non-U.S.-licensed satellites for 
which the Commission has authorized U.S.-licensed earth stations to 
communicate with that satellite, and the satellite operator has 
requested the Commission to place its satellite on the Permitted Space 
Station List.
    (23) Power flux density. The amount of power flow through a unit 
area within a unit bandwidth. The units of power flux density are those 
of power spectral density per unit area, namely watts per hertz per 
square meter. These units are generally expressed in decibel form as 
dB(W/Hz/m2), dB(W/m\2\) in a 4 kHz band, or dB(W/
m2) in a 1 MHz band.
    (24) Power spectral density. The amount of an emission's 
transmitted carrier power falling within the stated reference 
bandwidth. The units of power spectral density are watts per hertz and 
are generally express in decibel form as dB(W/Hz), dB(W/4kHz), or dB(W/
1MHz).
    (25) Protection areas. The geographic regions on the surface of the 
Earth where United States Department of Defense (``DoD'') 
meteorological satellite systems or National Oceanic and Atmospheric 
Administration (``NOAA'') meteorological satellite systems, or both 
such systems, are receiving signals from low earth orbiting satellites.
    (26) Radiodetermination-satellite service. A radiocommunication 
service for the purpose of radiodetermination involving the use of one 
of more space stations. This service may also include feeder links 
necessary for its own operation. (RR)
    (27) Routine processing or licensing. A licensing process whereby 
applications are processed in an expedited fashion. Such applications 
must be complete in all regards and consistent with all Commission 
Rules and must not raise any policy issues. With respect to earth 
station licensing, an application is ``routine'' only if it conforms to 
all antenna, power, coordination, radiation hazard, and FAA 
notification rules, and accesses only ``Permitted Space Station List'' 
satellites in the C-band or Ku-band frequency bands.
    (28) Satellite Digital Audio Radio Service (``DARS'' or ``SDARS''). 
A radiocommunication service in which audio programming is digitally 
transmitted by one or more space stations directly to fixed, mobile, 
and/or portable stations, and which may involve complementary SDARS 
repeaters, telemetry, tracking and control facilities.
    (29) Satellite system. A space system using one or more artificial 
earth satellites.
    (30) Spacecraft. A man-made vehicle which is intended to go beyond 
the major portion of the Earth's atmosphere.
    (31) Space operation service. A radiocommunication service 
concerned exclusively with the operation of spacecraft, in particular 
space tracking, space telemetry and space telecommand. These functions 
will normally be provided within the service in which the space station 
is operating.
    (32) Space radiocommunication. Any radiocommunication involving the 
use of one or more space stations or the use of one or more reflecting 
satellites or other objects in space.
    (33) Space station. A station located on an object which is beyond, 
is intended to go beyond, or has been beyond, the major portion of the 
Earth's atmosphere.
    (34) Space system. Any group of cooperating earth stations and/or 
space stations employing space radiocommunication for specific 
purposes.
    (35) Space telecommand. The use of radiocommunication for the 
transmission of signals to a space station to initiate, modify or 
terminate function of the equipment on a space object, including the 
space station.
    (36) Space telemetering. The use of telemetering for the 
transmission from a space station of results of measurements made in a 
spacecraft, including those relating to the functioning of the 
spacecraft.
    (37) Space tracking. Determination of the orbit, velocity or 
instantaneous position of an object in space by means of 
radiodetermination, excluding primary radar, for the purpose of 
following the movement of the object.
    (38) Temporary fixed earth station. An earth station operating in 
the Fixed Satellite Service at a fixed location for less than 6 months. 
Temporary fixed earth stations are transportable facilities that are 
moved to the point of operation before communicating. They are often 
used for emergency restoration of service and news gathering functions. 
Temporary fixed earth stations do not operate while in motion.

[[Page 1292]]

    (39) Terrestrial radiocommunication. Any radiocommunication other 
than space radiocommunication or radio astronomy.
    (40) Terrestrial station. A station effecting terrestrial 
radiocommunication.
    (41) Wideband. See Full transponder.


Sec. 25.202  [Amended]

    22. In Sec. 25.202, remove and reserve paragraph (a)(2).
    23. In Sec. 25.204, revise paragraphs (a) and (b) to read as 
follows:


Sec. 25.204  Power limits.

    (a) In bands shared coequally with terrestrial radio communication 
services, the equivalent isotropically radiated power transmitted in 
any direction towards the horizon by an earth station operating in 
frequency bands between 1 and 15 GHz, shall not exceed the following 
limits except as provided for in paragraph (c) of this section:

+40 dBW in any 4 kHz band for   0 deg.
+40+3  dBW in any 4 kHz band for 0 deg.   
 5 deg.

where  is the angle of elevation of the horizon viewed from 
the center of radiation of the antenna of the earth station and 
measured in degrees as positive above the horizontal plane and negative 
below it.
    (b) In bands shared coequally with terrestrial radio-communication 
services, the equivalent isotropically radiated power transmitted in 
any direction towards the horizon by an earth station operating in 
frequency bands above 15 GHz shall not exceed the following limits 
except as provided for in paragraph (c) of this section:

+64 dBW in any 1 MHz band for 0 deg.
+64+3  dBW in any 1 MHz band for 0 deg.5 deg.


where  is as defined in paragraph (a) of this section.
* * * * *
    24. In Sec. 25.209, revise paragraph (f) to read as follows:


Sec. 25.209  Antenna performance standards.

* * * * *
    (f) An earth station with an antenna not conforming to the 
standards of paragraphs (a) and (b) of this section will be authorized 
after February 15, 1985 upon finding by the Commission that 
unacceptable levels of interference will not be caused under conditions 
of uniform 2 deg. orbital spacing. An earth station antenna initially 
authorized on or before February 15, 1985 will be authorized by the 
Commission to continue to operate as long as such operations are found 
not to cause unacceptable levels of adjacent satellite interference. In 
either case, the Commission will impose appropriate terms and 
conditions in its authorization of such facilities and operations. The 
applicant has the burden of demonstrating that its antenna not 
conforming to the standards of paragraphs (a) and (b) of this section 
will not cause unacceptable interference. This demonstration must 
comply with the procedures set forth in Sec. 25.220.
* * * * *
    25. In Sec. 25.211, revise paragraph (d) and add paragraphs (e), 
(f), and (g) to read as follows:


Sec. 25.211  Video transmissions in the Fixed-Satellite Services.

* * * * *
    (d) An earth station may be routinely licensed for transmission to 
full transponder services provided:
    (1) In the 6 GHz band, with an antenna equivalent diameter 4.5 
meters or greater, the maximum power into the antenna does not exceed 
26.5 dBW; or
    (2) In the 14 GHz band, with an antenna equivalent diameter 1.2 
meters or greater, the maximum power into the antenna does not exceed 
27 dBW.
    (e) Antennas with an equivalent diameter smaller than those 
specified in paragraph (d) of this section are subject to the 
provisions of Sec. 25.220 of this chapter, which may include power 
reduction requirements. These antennas will not be routinely licensed 
for transmission of full transponder services.
    (f) Each applicant for authorization for video transmissions in the 
fixed-satellite service proposing to use transmitted satellite carrier 
EIRP densities, and/or maximum power into the antenna in excess of 
those specified in Sec. 25.211(d), must comply with the procedures set 
forth in Sec. 25.220.
    (g) The Commission has authority to apply the power level limits in 
this section to earth station applications for authority to operate in 
any other FSS frequency band to the extent it deems necessary to 
prevent unacceptable interference into adjacent satellite systems, to 
the extent that power limits have not been established elsewhere in 
this part.
    26. Section 25.212 is amended by:
    a. Adding the following sentence immediately succeeding the last 
sentence of paragraph (c).
    b. Revising paragraph (d).
    c. Adding paragraphs (e) and (f).
    The additions and revisions read as follows:


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

    (c) * * * Antennas with an equivalent diameter smaller than 1.2 
meters in the 14 GHz band are subject to the provisions of Sec. 25.220 
of this chapter, which may include power reduction requirements.
    (d)(1) 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 narrow 
and/or wideband digital SCPC carriers. Antennas with an equivalent 
diameter smaller than 1.2 meters in the 14 GHz band are subject to the 
provisions of Sec. 25.220, which may include power reduction 
requirements.
    (2) In the 6 GHz band, an earth station with an equivalent diameter 
antenna of 4.5 meters or greater may be routinely licensed for 
transmission of SCPC services if the maximum power spectral densities 
into the antenna do not exceed + 0.5 dB(W/4kHz) for analog SCPC 
carriers with bandwidths up to 200 kHz and do not exceed -2.7--10log(N) 
dB (W/4kHz) for narrow and/or wideband digital SCPC carriers.
    (i) For digital SCPC using frequency division multiple access 
(FDMA) or time division multiple access (TDMA) technique, N is equal to 
one.
    (ii) For digital SCPC using code division multiple access (CDMA) 
technique, N is the likely maximum number of co-frequency 
simultaneously transmitting earth stations in the same satellite 
receiving beam.
    (iii) For digital SCPC using contention Aloha multiple access 
technique, N is equal to two.
    (iv) For digital SCPC using contention CDMA/Aloha multiple access 
technique, N is twice the likely maximum number of co-frequency 
simultaneously transmitting earth stations in the same satellite-
receiving beam without contention.
    (e) Each applicant for authorization for narrowband transmissions 
in the fixed-satellite service proposing to use transmitted satellite 
carrier EIRP densities, and/or maximum antenna input power densities in 
excess of those specified in paragraph (c) of this section for Ku-band 
service, or paragraph (d) of this section for C-band service, 
respectively, must comply with the procedures set forth in Sec. 25.220.
    (f) The Commission has authority to apply the power level limits in 
this section to earth station applications for authority to operate in 
any other FSS

[[Page 1293]]

frequency band to the extent it deems necessary to prevent unacceptable 
interference into adjacent satellite systems, to the extent that power 
limits have not been established elsewhere in this part.
    27. Section 25.220 is added to read as follows:


Sec. 25.220  Non-conforming transmit/receive earth station operations.

    (a)(1) This section applies to earth station applications in which:
    (i) The proposed antenna does not conform to the standards of 
Sec. 25.209(a) and Sec. 25.209(b), and/or
    (ii) The proposed power density levels are in excess of those 
specified in Sec. 25.134, Sec. 25.211, or Sec. 25.212, or those derived 
by the procedure set forth in paragraph (c)(1) of this section, 
whichever is applicable.
    (2) Paragraphs (b) through (e) and (g) of this section apply to the 
earth station applications described in paragraph (a)(1) of this 
section, in which the applicant seeks transmit/receive authority.
    (3) Paragraphs (f) and (g) of this section applies to the earth 
station applications described in paragraph (a)(1) of this section in 
which the applicant seeks transmit-only or receive-only authority.
    (4) The requirements for petitions to deny applications filed 
pursuant to this section are set forth in Sec. 25.154.
    (b) If an antenna proposed for use by the applicant does not comply 
with the antenna performance standards contained in Sec. 25.209(a) and 
(b), the applicant must provide, as an exhibit to its FCC Form 312 
application, the antenna gain patterns specified in Sec. 25.132(b).
    (c) If an antenna proposed for use by the applicant does not comply 
with the performance standards contained in Sec. 25.209(a) and (b), the 
applicant must meet the requirements of either paragraph (c)(1) or 
(c)(2) of this section to obtain protection from receiving interference 
from adjacent satellite operators. The applicant must meet the 
requirements of either paragraph (c)(1) or (c)(3) of this section to 
obtain authority to transmit.
    (1) The applicant must provide in its Form 312, Schedule B, the 
power and power density levels that result by reducing the values 
stated in Sec. Sec. 25.134, 25.211, or 25.212, whichever is applicable, 
by the number of decibels that the non-compliant antenna fails to meet 
the antenna performance standard of Sec. 25.209(a) and (b), or
    (2) The applicant will not receive protection from adjacent 
satellite interference from any satellite unless the applicant has 
provided the affidavits listed in paragraph (d)(1) of this section from 
the operator of that satellite(s).
    (3) The applicant will not be permitted to transmit to any 
satellite unless the applicant has provided the affidavits listed in 
paragraph (e)(1) of this section from the operator of that 
satellite(s).
    (d)(1) If an antenna proposed for use by the applicant does not 
comply with the performance standards contained in Sec. 25.209(a) and 
(b), the applicant must submit the affidavits listed in paragraphs 
(d)(1)(i) through (d)(1)(iv) of this section to qualify for protection 
from receiving interference from other satellite systems. The applicant 
will be granted protection from receiving interference only with 
respect to the satellite systems included in the coordination 
agreements referred to in the affidavit required by paragraph 
(d)(1)(ii) of this section, and only to the extent that protection from 
receiving interference is afforded by those coordination agreements.
    (i) A statement from the satellite operator acknowledging that the 
proposed operation of the subject non-conforming earth station with its 
satellite(s) has the potential to receive interference from adjacent 
satellite networks that may be unacceptable.
    (ii) A statement from the satellite operator that it has 
coordinated the operation of the subject non-conforming earth station 
accessing its satellite(s), including its required downlink power 
density based on the information contained in the application, with all 
adjacent satellite networks within 6 deg. of orbital separation from 
its satellite(s), and the operations will not violate any existing 
coordination agreement for its satellite(s) with other satellite 
systems.
    (iii) A statement from the satellite operator that it will include 
the subject non-conforming earth station operations in all future 
satellite network coordinations, and
    (iv) A statement from the Earth station applicant certifying that 
it will comply with all coordination agreements reached by the 
satellite operator(s).
    (2) A license granted pursuant to paragraph (d)(1) of this section 
will include, as a condition on that license, that if no good faith 
agreement can be reached between the satellite operator and the 
operator of a future 2 deg. compliant satellite, the earth station 
operator shall accept the power density levels that would accommodate 
the 2 deg. compliant satellite.
    (e)(1) An earth station applicant proposing to use transmitted 
satellite carrier EIRP densities, and/or maximum power into the antenna 
in excess of the levels in Sec. Sec. 25.134, 25.211, 25.212, or the 
power density levels derived through the procedure set forth in 
paragraph (c)(1) of this section, whichever is applicable, shall 
provide the following affidavits as an exhibit to its earth station 
application:
    (i) A statement from the satellite operator acknowledging that the 
proposed operation of the subject non-conforming earth station with its 
satellite(s) has the potential to create interference to adjacent 
satellite networks that may be unacceptable.
    (ii) A statement from the satellite operator that it has 
coordinated the operation of the subject non-conforming Earth Station 
accessing its satellite(s), and its corresponding downlink power 
density requirements (based on the information contained in the 
application) with all adjacent satellite networks within 6 deg. of 
orbital separation from its satellite(s), and the operations will not 
violate any existing coordination agreement for its satellite(s) with 
other satellite systems.
    (iii) A statement from the satellite operator that it will include 
the subject non-conforming Earth Station power and power densities in 
all future satellite network coordinations, and
    (iv) A statement from the Earth station applicant certifying that 
it will comply with all coordination agreements reached by the 
satellite operator(s).
    (2) A license granted pursuant to paragraph (e)(1) of this section 
will include, as a condition on that license, that if no good faith 
agreement can be reached between the satellite operator and the 
operator of a future 2 deg. compliant satellite, the earth station 
operator shall reduce its power to those levels that would accommodate 
the 2 deg. compliant satellite.
    (f)(1) If an earth station applicant requests transmit-only 
authority, and its proposed antenna does not conform to the standards 
of Sec. 25.209(a) and (b), it must meet the requirements of paragraphs 
(b) and (c) of this section.
    (2) If an earth station applicant requests transmit-only authority, 
and its proposed proposed power density levels are in excess of those 
specified in Sec. Sec. 25.134, 25.211, or 25.212, or those derived by 
the procedure set forth in paragraph (c)(1) of this section, it must 
meet the requirements of paragraph (e) of this section.
    (3) If an earth station applicant requests receive-only authority, 
and its proposed antenna does not conform to the standards of 
Sec. 25.209(a) and (b), it must meet the requirements of paragraphs (b) 
and (d) of this section.
    (g) Applicants filing applications for earth stations pursuant to 
this section

[[Page 1294]]

must provide the following information for the Commission's public 
notice:
    (1) Detailed description of the service to be provided, including 
frequency bands and satellites to be used.
    (2) The diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any random access technique listed in 
Sec. 25.134(a).
    (5) Identification of any rule or rules for which a waiver is 
requested.
    28. In Sec. 25.274, revise paragraph (g) to read as follows:


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

* * * * *
    (g) Where the earth station suspected of causing interference to 
the operations of another earth station cannot be identified or is 
identified as an earth station operating on a satellite system other 
than the one on which the earth station suffering undue interference is 
operating, it is the responsibility of a representative of the earth 
station suffering harmful interference to contact the control center of 
other satellite systems. The operator of the earth station suffering 
undue interference is free to choose any representative to make this 
contact, including but not limited to the operator of the satellite 
system on which the earth station is operating. The operator of the 
earth station suffering undue interference is also free to contact the 
control center of the other satellite systems directly.
    29. Amend Sec. 25.277 by adding paragraph (f) to read as follows:


Sec. 25.277  Temporary fixed earth station operations.

* * * * *
    (f) Filing requirements concerning applications for new temporary 
fixed earth station facilities operating in frequency bands shared co-
equally with terrestrial fixed stations.
    (1) When the initial location of the temporary fixed earth 
station's operation is known, the applicant shall provide, as part of 
the Form 312 application, a frequency coordination report in accordance 
with Sec. 25.203 for the initial station location.
    (2) When the initial location of the temporary fixed earth 
station's operation is not known at the time the application is filed, 
the applicant shall provide, as part of the Form 312 application, a 
statement by the applicant acknowledging its coordination 
responsibilities under Sec. 25.277.

PART 25--[AMENDED]

    30. Part 25 is amended by removing subpart H.

[FR Doc. 01-88 Filed 1-5-01; 8:45 am]
BILLING CODE 6712-01-P