[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Rules and Regulations]
[Pages 31557-31560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14803]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 00-203; FCC 01-177]


Blanket Licensing for Small Aperture Terminals in the C-Band and 
Routine Licensing of 3.7 Meter Transmit and Receive Stations at C-Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document adopts rules that are designed to provide wider 
access to electronic commerce in underserved rural areas of America by 
facilitating the deployment of small antenna terminals in C-band 
satellite networks under a single authorization, with prior frequency 
coordination.

DATES: Effective July 12, 2001.

FOR FURTHER INFORMATION CONTACT: Edward R. Jacobs, Planning and 
Negotiations Division, International Bureau, (202) 418-0624 or via 
electronic mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
Report and Order in IB Docket No. 00-203, FCC 01-177, adopted May 23, 
2001 and released May 25, 2001. The Notice of Proposed Rulemaking 
(NPRM) in IB Docket No. 00-203, FCC 00-369, was adopted October 13, 
2000 and released October 24, 2000. 65 FR 70541, November 24, 2000. The 
full text of this Commission decision is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
CY-A257) 445 12th Street, SW., Washington, DC and may also be purchased 
from the Commission copy contractor, International Transcription 
Services (ITS), Inc., (202) 857-3800, 1231 20th Street, NW., 
Washington, DC 20036.

Summary of the First Report and Order

    In the First Report and Order in this proceeding, the Commission 
amends part 25 of its rules to give operators the option of obtaining 
licenses for a limited class of small aperture terminal earth station 
networks in the C-band (CSAT), under a single authorization. This 
option is available only to those seeking licensing of CSAT networks 
that use no more than 40 MHz of C-band spectrum for each of no more 
than three satellite locations within the visible geostationary 
satellite arc. That is, this option provides for streamline licensing 
of a system that uses no more than 20 MHz of uplink and 20 MHz of 
downlink spectrum for each of a maximum of 3 satellites. The 20 MHz of 
uplink and 20 MHz of downlink spectrum may be different for each of the 
3 satellites. Among other things, these procedures require CSAT 
applicants to complete frequency coordination for each individual earth 
station before bringing it into use. The Commission finds that these 
changes will promote more efficient and equitable use of C-band 
spectrum shared by the fixed service (FS) and fixed-satellite service 
(FSS). In those cases where these streamlined procedures can be used, 
it will also alleviate concerns that individual licensing of earth 
stations in a network of small aperture terminal earth stations could 
result in longer overall license processing times, increased consumer 
costs, and additional administrative burdens. In addition, where CSAT 
earth stations have been coordinated, the streamlined rules allow 
providers to operate on a conditional basis until final approval, 
facilitating deployment of systems and service to the public.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on small entities was incorporated in the FWCC/Onsat/
Hughes NPRM. 65 FR 70541, November 24, 2000. The Commission sought 
written public comments on the proposals in the FWCC/Onsat/Hughes NPRM 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Rules

    In this First Report and Order, the Commission provides for a 
streamlined licensing procedure that will allow the licensing of large 
networks of small earth station terminals in the 4 and 6 GHz bands. 
These streamlined procedures will better enable the rapid delivery of 
earth station services, including broadband access, to rural Americans.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    No comments were submitted in direct response to the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will 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 adopted rules. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.''

[[Page 31558]]

D. 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). This definition provides that a small entity is one 
with $11.0 million or less in annual receipts. According to the Census 
Bureau, there were a total of 848 communications service providers, 
NEC, in operation in 1992, and a total of 775 had annual receipts of 
less than $9.999 million. The Census report does not provide more 
precise data.
    1. Fixed Satellite Transmit/Receive Earth Stations. Currently there 
are over 2000 operational fixed satellite transmit/receive earth 
stations authorized for use in the C-band. We do not request or collect 
annual revenue information, and thus are unable to estimate the number 
of earth stations that would constitute a small business under the SBA 
definition.
    2. Mobile Satellite Earth Station Feeder Links. There are currently 
no licenses for MSS earth station feeder links in the frequency bands 
addressed in this First Report and Order.
    3. Space Stations (Geostationary). Commission records reveal that 
there are 6 space station licensees at C-band. We do not request nor 
collect annual revenue information, and thus are unable to estimate of 
the number of geostationary space stations that would constitute a 
small business under the SBA definition, or apply any rules providing 
special consideration for Space Station (Geostationary) licensees that 
are small businesses.
    4. Space Stations (Non-Geostationary). There are currently no Non-
Geostationary Space Station licensees at C-band.
    5. Direct Broadcast Satellites. There are currently no DBS 
licensees at C-band.
    6. 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). At the frequencies 
under consideration in this proceeding there are no transmissions of 
this type directly to the public. 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, 
respectively, that a small entity is one with either $5.0 million or 
less in annual receipts or $10.5 million in annual receipts. 13 CFR 
121.201, SIC CODES 4832 and 4833. The numbers of these stations are 
very small. 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 of these types of services 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.
    7. Microwave Services. Microwave services includes common carrier, 
private operational fixed, and broadcast auxiliary radio services. At 
present, there are over 8500 common carrier licensees, and 
approximately 1800 private operational fixed and broadcast auxiliary 
radio licensees in the microwave services at C-band. 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.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

     The Commission's existing rules in part 25 on FSS operations 
contain reporting requirements for FSS systems, and we modify these 
reporting requirements to eliminate duplicative costs of filing 
multiple applications. In addition, we add an annual reporting 
requirement to indicate the number of satellite earth stations actually 
brought into service, those deactivated during the year, and a report 
of any changes in satellite location applicable to the CSAT network. 
The proposed streamlined licensing procedures do not affect small 
entities disproportionately and it is likely no additional outside 
professional skills are required to complete the annual report 
indicating the number of small antenna earth stations actually brought 
into service.

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

    The FWCC/Onsat/Hughes NPRM solicited comment on several 
alternatives for streamlined licensing of CSATs at C-band. This First 
Report and Order considered comments offering alternatives, and has 
acted in response to stated concerns and suggestions, particularly 
those representing significant agreement or consensus by commenters. 
The decisions of this First Report and Order should positively impact 
both large and small businesses by providing a faster, more efficient, 
and less economically burdensome licensing procedure. The streamlined 
licensing service rules provide for consolidation of licensing for 
small antenna earth stations and a continued coordination requirement 
designed to ensure that these new satellite services will not cause 
harmful interference to existing terrestrial services. These rules 
substitute a single requirement to annually report the number of 
satellite earth stations brought into service in the last year, for the 
current requirement to individually license these earth stations. As 
Previously noted, this change should minimize the impact on small 
entities.

G. Report to Congress

    The Commission will send a copy of this First Report and Order 
including this FRFA, in a report to be sent to Congress pursuant to the 
Small Business Regulatory Enforcement Fairness Act of 1966, see 5 
U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of 
the First Report and Order, including this FRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration. A copy of this First 
Report and Order and FRFA (or summaries thereof) will also be published 
in the Federal Register. See 5 U.S.C. 604(b).

Ordering Clauses

    Pursuant to sections 4(i), 7(a), 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), 303(c), 303(f), 303(g), and 303(r), this

[[Page 31559]]

First Report and Order is hereby Adopted.
    Part 25 of the Commission's rules Is Amended as set forth, 
effective thirty days after publication in the Federal Register.
    The Commission's Consumer Information Bureau, Reference Information 
Center, SHALL SEND a copy of this First Report and Order, including the 
Final Regulatory Flexibility Analysis, to the Chief, Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 25

    Communications common carriers, Communications, Radio, Satellites, 
Telecommunications.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Final Rule

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

PART 25--SATELLITE COMMUNICATIONS

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

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


    2. Section 25.115 is amended by redesignating paragraph (c) as 
(c)(1) and by adding a new paragraph (c)(2) to read as follows:


Sec. 25.115  Application for earth station authorizations.

* * * * *
    (c)(2) Large Networks of Small Antennas operating in the 4/6 GHz 
frequency bands with U.S.-licensed or non-U.S. licensed satellites for 
domestic services (CSATs). Applications to license small antenna 
network systems operating in the standard C-Band, 3700-4200 MHz and 
5925-6425 MHz frequency band shall be filed electronically on FCC Form 
312, Main Form and Schedule B.
    (i) An initial lead application providing a detailed overview of 
the complete network shall be filed. Such lead applications shall fully 
identify the scope and nature of the service to be provided, as well as 
the complete technical details of each representative type of small 
antenna (less than 4.5 meters) that will operate within the network. 
Such lead applications for a single CSAT system must identify:
    (A) No more than three discrete geostationary satellites to be 
accessed;
    (B) The amount of frequency bandwidth sought, up to a maximum of 20 
MHz of spectrum in each direction at each of the satellites (The same 
20 MHz of uplink and 20 MHz of downlink spectrum at each satellite 
would be accessible by all CSAT earth stations in the system. The 20 
MHz of uplink and 20 MHz of downlink spectrum need not be the same at 
each satellite location);
    (C) The maximum number of earth station sites;
    (ii) Following the issuance of a license for the lead application, 
the licensee shall notify the Commission of the complete technical 
parameters of each individual earth station site before that site is 
bought into operation under the lead authorization. Full frequency 
coordination of each individual site (e.g., for each satellite and the 
spectrum associated therewith) shall be completed prior to filing 
Commission notification. The coordination must be conducted in 
accordance with Sec. 25.203. Such notification shall be done by 
electronic filing and shall be consistent with the technical parameters 
of Schedule B of FCC Form 312.
    (iii) Following successful coordination of such an earth station, 
if the earth station operator does not file a lead application or a 
Schedule B within six months after it successfully completes 
coordination, it will be assumed that such frequency use is no longer 
desired, unless a second notification has been received within ten days 
prior to the end of the six month period. Such renewal notifications 
must be sent to all parties concerned. If the lead application or 
Schedule B, or renewal notification, is not timely received, the 
coordination will lapse and the licensee must re-coordinate the 
relevant earth stations if it still wishes to bring them into 
operation.
    (iv) Operation of each individual site may commence immediately 
after the public notice is released that identifies the notification 
sent to the Commission and if the requirements of paragraph (c)(2)(vi) 
of this section are met. Continuance of operation of each station for 
the duration of the lead license term shall be dependent upon 
successful completion of the normal public notice process. If any 
objections are received to the new station prior to the end of the 30 
day comment period of the Public Notice, the licensee shall immediately 
cease operation of those particular stations until the coordination 
dispute is resolved and the CSAT licensee informs the Commission of the 
resolution. If the requirements of paragraph (c)(2)(vi) of this section 
are not met, operation may not commence until the Commission issues the 
public notice acting on the CSAT terminal authorization.
    (v) Each CSAT licensee shall annually provide the Commission an 
updated list of all operational earth stations in its system. The 
annual list shall also include a list of all earth stations deactivated 
during the year and identification of the satellites providing service 
to the network as of the date of the report.
    (vi) Conditional authorization. (A) An applicant for a new CSAT 
radio station or modification of an existing CSAT station authorized 
under paragraph (c)(2)(i) of this section in the 3700-4200; or 5925-
6425 MHz bands may operate the proposed station during the pendency of 
its application after the release of the public notice accepting the 
notification for filing that complies with paragraph (c)(2)(ii) of this 
section. The applicant, however, must first certify that the following 
conditions are satisfied:
    (1) The frequency coordination procedures of Sec. 25.203 have been 
successfully completed;
    (2) The antenna structure has been previously studied by the 
Federal Aviation Administration and determined to pose no hazard to 
aviation safety as required by subpart B of part 17 of this chapter; or 
the antenna or tower structure does not exceed 6.1 meters above ground 
level or above an existing man-made structure (other than an antenna 
structure), if the antenna or tower has not been previously studied by 
the Federal Aviation Administration and cleared by the FCC;
    (3) The grant of the application(s) does not require a waiver of 
the Commission's rules (with the exception of a request for waiver 
pertaining to fees);
    (4) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec. 1.1307 of this 
chapter;
    (5) The station site does not lie within 56.3 kilometers of any 
international border or within a radio ``Quiet Zone'' identified in 
Sec. 1.924 of this chapter; and
    (6) The filed application is consistent with the proposal that was 
coordinated pursuant to Sec. 25.251.
    (B) Conditional authority ceases immediately if the Schedule B is 
returned by the Commission because it is not accepted for filing.
    (C) A conditional authorization pursuant to paragraphs 
(c)(2)(vi)(A) and (c)(2)(vi)(B) of this section is evidenced by 
retaining a copy of the Schedule B notification with the station 
records.

[[Page 31560]]

Conditional authorization does not prejudice any action the Commission 
may take on the subject application(s) or the Schedule B notifications.
    (D) Conditional authority is accepted with the express 
understanding that such authority may be modified or cancelled by the 
Commission at any time without hearing if, in the Commission's 
discretion, the need for such action arises. An applicant operating 
pursuant to this conditional authority assumes all risks associated 
with such operation, the termination or modification of the conditional 
authority, or the subsequent dismissal or denial of its application(s).
    (E) The copy of the Schedule B notification form must be posted at 
each station operating pursuant to this section.
    (vii) Period of construction. Construction of each earth station 
must be completed and the station must be brought into regular 
operation within twelve months from the date that action is taken to 
authorize that station to operate under the lead authorization, except 
as may be otherwise determined by the Commission for any particular 
application.
* * * * *
    3. Section 25.134 is amended by revising the subject heading, by 
redesignating paragraph (a) as (a)(1) and adding a heading to newly 
designated paragraph (a)(1), by adding a new paragraph (a)(2), and by 
adding a heading to paragraph (b) to read as follows:


Sec. 25.134  Licensing provisions of Very Small Aperture Terminal 
(VSAT) and C-band Small Aperture Terminal (CSAT) networks.

    (a)(1) VSAT networks operating in the 12/14 GHz bands. * * *
    (a)(2) Large Networks of Small Antennas operating in the 4/6 GHz 
frequency bands. All applications for digital and/or analog operations 
will be routinely processed provided the network employs antennas that 
are 4.5 meter or larger in diameter, that are consistent with 
Sec. 25.209, the power levels are consistent with Secs. 25.211(d) and 
25.212(d), and frequency coordination has been satisfactorily 
completed. The use of smaller antennas or non-consistent power levels 
require the filing of an initial lead application (Sec. 25.115(c)(2)) 
that includes all technical analyses required to demonstrate that 
unacceptable interference will not be caused to any and all affected 
adjacent satellite operators by the operation of the non-conforming 
earth station.
    (b) VSAT networks operating in the 12/14 GHz bands. * * *
* * * * *
[FR Doc. 01-14803 Filed 6-11-01; 8:45 am]
BILLING CODE 6712-01-P