[Federal Register Volume 67, Number 86 (Friday, May 3, 2002)]
[Proposed Rules]
[Pages 22376-22381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10995]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 5, 25 and 97

[IB Docket 02-54; FCC 02-80]


Mitigation of Orbital Debris

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks to adopt rules for satellite services 
concerning orbital debris mitigation. Orbital debris consists of 
artificial objects orbiting the Earth that are not functional 
spacecraft. Since human activity in space began, there has been a 
steady growth in the number and total mass of orbital debris. Growth in 
the orbital debris population may limit the usefulness of space for 
communications and other uses in the future by raising the costs and 
lowering the reliability of space based systems. Accordingly, we seek 
comment on a range of options for addressing orbital debris issues as a 
part of spacecraft design and operation in order to preserve access to 
space for the long term.

DATES: Comments may be filed on or before July 17, 2002; Reply Comments 
may be filed on or before August 16, 2002. Written comments by the 
public on the proposed information collections are due on or before 
July 17, 2002. Written comments must be submitted by the Office of 
Management and Budget (OMB) on the proposed information collection(s) 
on or before July 2, 2002.

ADDRESSES: Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS) or by paper copies. See SUPPLEMENTARY 
INFORMATION for filing instructions, formats and other information 
regarding electronic filing; send paper copies to Federal 
Communications Commission, 445 12th Street, SW., 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 Herman at 445 12th Street, SW., Rm. 1-C804, 
Washington, DC 20554, or via internet at [email protected], and to 
Jeanette Thornton, OMB Desk Officer, Room 10326 NEOB, 725 17th Street, 
NW., Washington, DC 20503, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Stephen J. Duall, Attorney Advisor, 
Satellite Division, International Bureau, telephone (202) 418-1103. For 
additional information concerning the information collection(s) 
contained in this document, contact Judith Boley Herman 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 (NPRM) in IB Docket No. 02-54, FCC 02-80, 
adopted March 14, 2002 and released March 18, 2002. The complete text 
of this NPRM is available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street, SW, Room CY-A257, Washington, DC. This document may also 
be purchased from the Commission's duplicating contractor, Qualex 
International, Portals II, 445 12th Street, SW. Room CY-B402,

[[Page 22377]]

Washington, DC 20554, telephone (202) 863-2893, facsimile (202) 863-
2898 or via email [email protected]. It is also available on the 
Commission's website at http://www.fcc.gov. This NPRM contains proposed 
information collections 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 the Notice of Proposed Rulemaking

    The NPRM begins by providing a short discussion of the technical 
and scientific aspects of orbital debris. It next provides a brief 
outline of the development of U.S. policies and regulations concerning 
orbital debris, as well as the international context in which those 
policies have developed. The NPRM then seeks comment on various 
substantive proposals concerning orbital debris mitigation by 
Commission licensees. Chiefly, the NPRM proposes to require satellite 
system operators to disclose, as part of the licensing process, orbital 
debris mitigation plans for all types of satellite systems licensed by 
the Commission. It also seeks comment on numerous issues and proposals 
relating to orbital debris mitigation.
    First, the NPRM seeks comment on issues relating to the 
Commission's statutory authority to address orbital debris mitigation 
issues. Although the Commission has addressed orbital debris issues on 
a case-by-case basis in past proceedings (e.g., 2 GHz MSS licenses), 
the Commission has not formally addressed the scope and nature of its 
authority concerning orbital debris. The NPRM seeks comment on the 
Commission's authority to address orbital debris mitigation under the 
Communications Act and also seeks comment on the scope and nature of 
the Commission's authority with respect to non-U.S. licensed space 
stations that seek to operate using U.S.-licensed earth stations. In 
addition, although the NPRM does not propose to require license 
applicants to submit debris mitigation plans for the launch vehicle 
that will be used to launch a satellite, it seeks comment on whether 
there are any matters involving the launch vehicles that the Commission 
has the authority to consider, in particular concerning launch vehicles 
not licensed by the Federal Aviation Administration (FAA). Because the 
Department of Commerce National Oceanic and Atmospheric Administration 
(NOAA) has explicit statutory authority over post-mission disposal of 
remote sensing systems, the NPRM does not propose to address matters 
involving post-mission disposal of NOAA-licensed satellites.
    Second, the NPRM discusses four broad objectives identified by the 
U.S. Government concerning orbital debris. The four objectives are: 
control of debris during normal operations and selection of a safe 
operational configuration; minimization of debris generated by 
accidental explosions; safe flight profiles; and post-mission disposal. 
The NPRM describes a number of standard practices designed to achieve 
these objectives and asks a number of specific questions concerning 
those practices. In addition, the NPRM seeks comment on the 
relationship between economic incentives and the likelihood that 
Commission-licensed satellite systems will adopt and carry out debris 
mitigation measures voluntarily.
    Third, the NPRM discusses liability and insurance issues 
potentially arising from damaged caused by orbital debris. 
International treaties impose liability on the United States for 
damaged caused by its space objects. For damaged caused on the surface 
of the Earth, there is strict liability. For damage in space, liability 
is based on fault. Thus, the activities of private space station 
operators could result in liability for the United States government. 
For U.S. launches, licensees must obtain insurance for potential losses 
caused by launch mishaps, but such insurance requirements do not 
address post-launch issues arising from damages caused by a payload. 
The NPRM seeks comment on the role that liability considerations and 
insurance should play in the Commission's decisions concerning debris 
mitigation measures, and whether different types of risk may differ 
with respect to whether they can be appropriately addressed through 
insurance.
    Finally, the NPRM seeks comment concerning non-U.S. licensed space 
stations that provide service to earth stations located in the United 
States. Under existing rules, non-U.S. licensed applicant seeking to 
serve earth stations in the United States must submit information to 
the Commission concerning the space station(s) involved prior to 
providing service to the United States. The NPRM proposes to require 
such applicant to submit information regarding orbital debris 
mitigation plans for such space station(s) and seeks comment on this 
proposal. The NPRM also proposes to amend parts 5 and 97 of the 
Commission's rules, concerning experimental satellite and amateur 
satellite authorizations, so that licensees under those parts are 
subject to the same disclosure requirements as licensees under part 25 
and 100 of the Commission's rules. The NPRM seeks comment on this 
proposal.

Initial Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the Commission has prepared an 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. Written public comments are requested on this IRFA. These 
comments must be filed in accordance with the same filing deadlines for 
comments on the Notice of Proposed Rulemaking, and they must have a 
separate and distinct heading designating them as responses to the 
Initial Regulatory Flexibility Analysis. The Commission's Consumer 
Information Bureau, Reference Information Center, will send a copy of 
the Notice of Proposed Rulemaking, including this IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration, in 
accordance with the Regulatory Flexibility Act. See 5 U.S.C. 603(a).

A. Need for, and Objectives of, the Proposed Rules

    Orbital debris consists of artificial objects orbiting the Earth 
that are not functional spacecraft. Since human activity in space 
began, there has been a steady growth in the number and total mass of 
orbital debris. The risks presented by orbital debris consist primarily 
of the risk of collisions between orbital debris and functional 
spacecraft, and the risk of damage to persons and property on the 
surface of the Earth in cases where an object survives reentry into the 
Earth's atmosphere. While these risks are small and are likely to 
remain so for the near term, continued and unmitigated growth in the 
orbital debris population may limit the usefulness of space for 
communications and other uses in the future, by raising the costs and 
lowering the reliability of space-based systems.
    U.S. policy on orbital debris is the product of considerable work 
over the years to assess the risks posed by orbital debris, and to 
develop methods for mitigating those risks. Since 1988, mitigation of 
orbital debris has been a formal goal of national space policy. In 
1995, an Interagency Report drafted under the direction of the White 
House Office of Science and Technology Policy recommended that the 
National

[[Page 22378]]

Aeronautics and Space Administration (NASA) and the Department of 
Defense jointly develop draft design guidelines that could serve as a 
baseline for agency requirements for future spacecraft. The Interagency 
Report recommended that the guidelines could be used by both government 
and industry in the design and development of future satellite systems. 
In January 1998, draft U.S. Government Standard Practices were issued 
for consideration by agencies and industry. The practices listed were 
control of orbital debris released during normal operations, 
minimization of debris generated by accidental explosions, selection of 
a safe flight profile and operational configuration, and post-mission 
disposal of space structures. Those practices have now been adopted, 
with some modifications, and are applied in U.S. government missions. 
Some of those practices are also applied by the Federal Aviation 
Administration for licensing of launch vehicles, and the National 
Oceanic and Atmospheric Administration for licensing of remote sensing 
satellites. In addition, other space-faring nations are either 
considering or have adopted standards or practices concerning debris 
mitigation.
    The Notice of Proposed Rule Making proposes to adopt a requirement 
that satellite systems seeking an FCC license, including experimental 
and amateur satellite systems, must provide a statement concerning the 
measures the system will take to mitigate orbital debris. In addition, 
the NPRM seeks comment on whether portions of the U.S. Government 
Standard Practices should be incorporated into the FCC's rules. 
Alternatively, the NPRM seeks comment on whether the Commission should 
evaluate such showings on a case-by-case basis, and poses a number of 
questions concerning how to address such showings. The NPRM also 
proposes several rule changes concerning disposal of geostationary 
spacecraft.

B. Legal Basis

    The proposed action is supported by 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), 303(r).

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. See 5 U.S.C. 603(b)(3). The 
RFA generally defines the term ``small entity `` as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small governmental jurisdiction.'' Id. Section 601(6). In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. 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). 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). See Small 
Business Act, 15 U.S.C. 632 (1996). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' 5 U.S.C. 601(4). 
Nationwide, as of 1992, there were approximately 275,801 small 
organizations. See 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). ``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.'' 5 U.S.C. 601(5). As 
of 1992, there were approximately 85,006 such jurisdictions in the 
United States. See U.S. Dept. of Commerce, Bureau of the Census, ``1992 
Census of Governments.'' This number includes 38,978 counties, cities, 
and towns; of these, 37,566, or 96 percent, have populations of fewer 
than 50,000. Id. 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.
    The rules proposed in this Notice of Proposed Rulemaking would 
affect satellite operators, if adopted. The Commission has not 
developed a definition of small entities applicable to satellite 
operators. Therefore, the applicable definition of small entity is 
generally the definition under the SBA rules applicable to Satellite 
Telecommunications. See Small Business Administration, 1997 NAICS 
Definitions, NAICS 513340 (``This industry comprises establishments 
primarily engaged in providing point-to-point telecommunications 
services to other establishments in the telecommunications and 
broadcasting industries by forwarding and receiving communications 
signals via a system of satellites or reselling satellite 
telecommunications.''). This definition provides that a small entity is 
expressed as one with $11.0 million or less in annual receipts. See 13 
CFR 120.121, NAICS code 513340. 1997 Census Bureau data indicate that, 
for 1997, 273 satellite communication firms had annual receipts of 
under $10 million. In addition, 24 firms had receipts for that year of 
$10 million to $24,999,990. See U.S. Census Bureau, 1997 Economic 
Census, Subject Service: Information, ``Establishment and Firm Size,'' 
Table 4, NAICS 513340 (Issued Oct. 2000).
    In addition, Commission records reveal that there are approximately 
240 space station operators licensed by this Commission. We do not 
request or collect annual revenue information, and thus are unable to 
estimate of the number of licensees that would constitute a small 
business under the SBA definition. Small businesses may not have the 
financial ability to become space station licensees because of the high 
implementation costs associated with satellite systems and services.

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

    The proposed rule would require disclosure in an application for an 
FCC authorization of a satellite system's orbital debris mitigation 
plans. The Notice of Proposed Rule Making seeks comment on the degree 
of specificity that should be required in such reports, and on possible 
methodologies for developing such reports.

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

    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 (among others): (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification,

[[Page 22379]]

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. 5 U.S.C. 
603(c).
    The NPRM identifies several alternatives designed to minimize any 
significant economic impact on all entities, including small entities.
    First, although the NPRM seeks comment on requiring debris 
mitigation practices by rule, it proposes as an alternative that the 
FCC proceed on a case-by-case basis in analyzing debris mitigation 
plans. Under a case-by-case method, the Commission could consider 
exemptions or other methods for minimizing any impact on small 
entities.
    Second, the NPRM also seeks comment on whether to require that an 
applicant for an earth station license, to be used for communications 
with a non-U.S. licensed satellite, should submit information 
concerning debris mitigation plans for the satellite system. As an 
alternative, the NPRM seeks comment on whether a showing concerning 
direct and effective regulation by a foreign administration should be 
considered.
    Third, the NPRM seeks comment on post-mission disposal of 
spacecraft from low Earth orbit, and on alternatives to using orbits 
that may experience a substantial economic impact under the U.S. 
Government Recommended Practices. Those alternatives could include use 
of different portions of low Earth orbit.

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

    Remote sensing satellite systems are licensed by both the FCC and 
the National Oceanic and Atmospheric Administration (NOAA) of the 
Department of Commerce. The NPRM proposes to waive disclosure 
requirements concerning post-mission disposal of spacecraft for remote 
sensing satellites licensed by NOAA.

Procedural Information

    Ex Parte Presentation. This is a permit-but-disclose notice and 
comment rulemaking proceeding. Ex parte presentations are permitted, 
except during the Sunshine Agenda period, provided they are disclosed 
as provided in Commission rules. See generally 47 CFR 1.1202, 1.1203, 
and 1.1206.

    Authority: This Notice of Proposed Rulemaking is adopted 
pursuant to Sections 1, 4(i), 301, 303, 308, 309, and 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. sections 151, 
154(i), 301, 303, 308, 309, and 310.

    Comment. Pursuant to applicable procedures set forth in Secs. 1.415 
and 1.419 of the Commission's rules, interested parties may file 
comments on or before July 17, 2002 and reply comments on or before 
August 16, 2002. Comments and reply comments should be filed in IB 
Docket No. 02-54. All relevant and timely comments will be considered 
by the Commission before final action is taken in this proceeding. To 
file formally in this proceeding, interested parties must file an 
original and four copies of all comments, reply comments, and 
supporting comments. If interested parties want each Commissioner to 
receive a personal copy of their comments, they must file an original 
plus nine copies. Interested parties should send comments and reply 
comments to the Office of the Secretary, Federal Communications 
Commission, Room TW-A325, 445 Twelfth Street, SW., Washington, DC 
20554, with a copy to Stephen J. Duall, 445 Twelfth Street, SW., 
Washington, DC 20554.
    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, U.S. 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. Filings can be 
sent by hand or messenger delivery, by commercial overnight courier, or 
by first-class or overnight U.S. Postal Service mail (although we 
continue to experience delays in receiving U.S. Postal Service mail). 
The Commission's contractor, Vistronix, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All 
hand deliveries must be held together with rubber bands or fasteners. 
Any envelopes must be disposed of before entering the building. 
Commercial overnight mail (other than U.S. Postal Service Express Mail 
and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol 
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, 
and Priority Mail should be addressed to 445 12th Street, SW, 
Washington, DC 20554. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.

Ordering Clauses

    Pursuant to sections 1, 4(i), 301, 303, 308, 309, and 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301, 
303, 308, 309, and 310, this Notice of Proposed Rulemaking is hereby 
adopted. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of the Notice of Proposed 
Rulemaking, including the Initial Regulatory Flexibility Analysis, to 
the Chief Counsel for Advocacy of the Small Business Administration.

Paperwork Reduction Act

    This NPRM contains proposed 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 60 days 
from date of publication of this NPRM in the Federal Register. 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-XXXX (New Collection).
    Title: Mitigation of Orbital Debris.

[[Page 22380]]

    Form No.: Not applicable.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 50.
    Estimated Time Per Response: 2-3 hours.
    Frequency of Response: On occasion.
    Total Annual Burden: 135.
    Total Annual Costs: $35,000.
    Needs and Uses: On March 18, 2002 the Commission released a Notice 
of Proposed Rulemaking (NPRM) in the Matter of Mitigation of Orbital 
Debris; IB Docket No. 02-54, FCC No. 02-80. The NPRM proposes to adopt 
rules for satellite services concerning orbital debris mitigation. The 
Commission commences this rule-making proceeding to consider the manner 
in which consideration of debris mitigation issues should be 
incorporated into our rules and licensing processes.

List of Subjects

47 CFR Part 5

    Reporting and recordkeeping requirements.

47 CFR Part 25

    Reporting and recordkeeping requirements, Satellites.

47 CFR Part 97

    Reporting and recordkeeping requirements, Satellites.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 5, 25, and 97 
as follows:

PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)

    1. The authority citation for part 5 continues to read as follows:

    Authority: Secs. 4, 302, 303, 48 Stat. 1066, 1082, as amended; 
47 U.S.C. 154, 302, 303. Interpret or apply sec. 301, 48 Stat. 1081, 
as amended; 47 U.S.C. 301.

    2. Section 5.63 is amended by adding paragraph (e) to read as 
follows:


Sec. 5.63  Supplementary statements required.

* * * * *
    (e) Except where the satellite system has already been authorized 
by the FCC, applicants for an experimental authorization involving a 
satellite system must submit a description of the design and 
operational strategies the satellite system will use to mitigate 
orbital debris, including a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the spacecraft. The 
applicant must also submit a demonstration that debris generation will 
not result from the conversion of energy sources on board the 
spacecraft into energy that fragments the spacecraft. Energy sources 
include chemical, pressure, and kinetic energy. This demonstration 
should address whether stored energy will be removed at the 
spacecraft's end-of-life, by depleting residual fuel and leaving all 
fuel line valves open, venting any pressurized system, leaving all 
batteries in a permanent discharge state, and removing any remaining 
source of stored energy. Other equivalent procedures may be approved in 
the course of the licensing process.

PART 25--SATELLITE COMMUNICATIONS

    3. 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 and 332, 
unless otherwise noted.

    4. Section 25.114 is amended by redesignating paragraphs (c)(16) 
through (c)(21) as paragraphs (c)(18) through (c)(23) and adding new 
paragraphs (c)(16) and (17) to read as follows:


Sec. 25.114  Applications for space station authorizations.

* * * * *
    (c)* * *
    (16) A description of the design and operational strategies that 
will be used to mitigate orbital debris, including a casualty risk 
assessment if planned post-mission disposal involves atmospheric re-
entry of the spacecraft.
    (17) A demonstration that debris generation will not result from 
the conversion of energy sources on board the spacecraft into energy 
that fragments the spacecraft. Energy sources include chemical, 
pressure, and kinetic energy. This demonstration should address whether 
stored energy will be removed at the spacecraft's end-of-life, by 
depleting residual fuel and leaving all fuel line valves open, venting 
any pressurized system, leaving all batteries in a permanent discharge 
state, and removing any remaining source of stored energy, or through 
other equivalent procedures specifically disclosed in the application.
* * * * *
    5. Section 25.143 is amended by revising the section heading and 
paragraph (b)(1) to read as follows:


Sec. 25.143  Licensing provisions for the 1.6/2.4 GHz mobile-satellite 
service and 2 GHz mobile-satellite service.

* * * * *
    (b) * * *
    (1) General requirements: Each application for a space station 
system authorization in the 1.6/2.4 GHz Mobile-Satellite Service or 2 
GHz Mobile-Satellite Service shall describe in detail the proposed 
satellite system, setting forth all pertinent technical and operational 
aspects of the system, and the technical, legal, and financial 
qualifications of the applicant. In particular, each application shall 
include the information specified in Sec. 25.114. Non-U.S. licensed 
systems shall comply with the provisions of Sec. 25.137.
* * * * *
    6. Section 25.210 is amended by revising paragraph (j) to read as 
follows:


Sec. 25.210  Technical requirements for space stations in the Fixed-
Satellite Service.

* * * * *
    (j) Space stations operated in the geostationary satellite orbit 
must be maintained within 0.05 deg. of their assigned orbital longitude 
in the east/west direction, unless specifically authorized by the 
Commission to operate with a different longitudinal tolerance, and 
except as provided in Sec. 25.282 (End-of-life disposal).
* * * * *
    7. Section 25.280 is revised to read as follows:


Sec. 25.280  Inclined orbit operations.

    (a) Satellite operators may commence operation in inclined orbit 
mode without obtaining prior Commission authorization provided that the 
Commission is notified by letter within 30 days after the last north-
south station keeping maneuver. The notification shall include:
    (1) The operator's name;
    (2) The date of commencement of inclined orbit operation;
    (3) The initial inclination;
    (4) The rate of change in inclination per year; and
    (5) The expected end-of-life of the satellite accounting for 
inclined orbit operation, and the maneuvers specified under 
Sec. 25.282.
    (b) Licensees operating in inclined-orbit are required to:
    (1) Periodically correct the satellite attitude to achieve a 
stationary spacecraft antenna pattern on the surface of the Earth and 
centered on the satellite's designated service area;
    (2) Control all electrical interference to adjacent satellites, as 
a result of operating in an inclined orbit, to levels

[[Page 22381]]

not to exceed that which would be caused by the satellite operating 
without an inclined orbit;
    (3) Not claim protection in excess of the protection that would be 
received by the satellite network operating without an inclined orbit; 
and
    (4) Continue to maintain the space station at the authorized 
longitude orbital location in the geostationary satellite arc with the 
appropriate east-west station-keeping tolerance.
    8. Section 25.282 is added to read as follows:


Sec. 25.282  End-of-Life disposal.

    (a) A space station authorized to operate in the geostationary 
satellite orbit under this Part may operate using its authorized 
tracking, telemetry and control frequencies, and outside of its 
assigned orbital location, for the purpose of removing the satellite 
from the geostationary satellite orbit at the end of its useful life, 
provided that the following conditions are met:
    (1) The satellite is capable of being removed to, and the 
operations at variance from the assigned orbital location are designed 
to maneuver the satellite to, an orbit with a perigee with an altitude 
of no less than:

36,021 km + (1000CRA/m)

    where CR is the solar pressure radiation coefficient of 
the spacecraft, and A/m is the Area to mass ratio, in square meters per 
kilogram, of the spacecraft.
    (2) All stored energy sources on board the satellite are 
discharged, by venting excess propellant, discharging batteries, 
relieving pressure vessels, and other appropriate measures.
    (3) Tracking, telemetry and control transmissions are planned so as 
to avoid electrical interference to other satellites, and coordinated 
with any potentially affected satellite networks.
    (b) [Reserved]

PART 97--AMATEUR RADIO SERVICE

    9. The authority citation for part 97 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609, unless otherwise noted.

    10. Section 97.207 is amended by revising paragraph (g) to read as 
follows:


Sec. 97.207  Space station.

* * * * *
    (g) The license grantee of each space station must make two written 
pre-space station notifications to the International Bureau, FCC, 
Washington DC 20554. Each notification must be in accord with the 
provisions of Articles S9 and S11 of the ITU Radio Regulations.
    (1) The first notification is required no less than 27 months prior 
to initiating space station transmissions and must specify the 
information required by Appendix S4 and Resolution No. 642 of the 
International Telecommunication Union Radio Regulations. The first 
notification shall also include a description of the design and 
operational strategies the space station will use to mitigate orbital 
debris, including a casualty risk assessment if planned post-mission 
disposal involves atmospheric re-entry of the spacecraft. The 
notification must also include a demonstration that debris generation 
will not result from the conversion of energy sources on board the 
spacecraft into energy that fragments the spacecraft. Energy sources 
include chemical, pressure, and kinetic energy. This demonstration 
should address whether stored energy will be removed at the 
spacecraft's end-of-life, by depleting residual fuel and leaving all 
fuel line valves open, venting any pressurized system, leaving all 
batteries in a permanent discharge state, and removing any remaining 
source of stored energy, or through other equivalent procedures.
    (2) The second notification is required no less than 5 months prior 
to initiating space station transmissions and must specify the 
information required by Appendix S4 and Resolution No. 642 of the Radio 
Regulations.
* * * * *
[FR Doc. 02-10995 Filed 5-2-02; 8:45 am]
BILLING CODE 6712-01-P