[Federal Register Volume 67, Number 247 (Tuesday, December 24, 2002)]
[Proposed Rules]
[Pages 78399-78400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32294]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 00-248; FCC 02-257]


Streamlining and Other Revisions of the Commission's Rules 
Governing the Licensing of, and Spectrum Usage by, Satellite Network 
Earth Stations and Space Stations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission invites comments on revising 
part 25 of the Commission's rules to increase the number of earth 
station applications that can be processed routinely or, in the 
alternative, to streamline the processing of earth station 
applications. The Commission's intent is to expedite the processing of 
earth station applications, thereby accelerating the provision of 
service to the public.

DATES: Comments are due on or before March 10, 2003, and reply comments 
are due on or before April 8, 2003.

FOR FURTHER INFORMATION CONTACT: Steven Spaeth at (202) 418-1539. 
Internet: [email protected], International Bureau, Federal Communications 
Commission, Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
further notice of proposed rulemaking in IB Docket No. 00-248, FCC 02-
257, adopted September 16, 2002, and released on September 26, 2002. 
The complete text of this FNPRM is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room), 445 
12th Street, SW., Washington, DC 20554, and also may be purchased from 
the Commission's copy duplicating contractor is Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554.

Summary of the Further Notice of Proposed Rulemaking

    In this further notice of proposed rulemaking (FNPRM) the 
Commission recognized several benefits to streamlining its review of 
smaller-than-routine earth station applications. First, it noted that 
technological improvements have enabled satellite communications 
systems to maintain service performance while decreasing the aperture 
of the earth station antennas used to deliver satellite services to end 
users. Those technological improvements benefit end users because 
smaller antennas are less expensive to manufacture, and it is easier to 
find suitable locations to install smaller antennas. As a result, 
expediting the processing of applications for smaller-than-routine 
earth station antennas should expedite the provision of useful 
satellite services to the public, including the provision of Internet 
services to rural areas.
    The Commission did not anticipate that adoption of its proposals 
for streamlining its review of smaller-than-routine earth station 
antennas would have any negative effect on terrestrial wireless 
operations in frequency bands that are shared with Fixed-Satellite 
Service (FSS) operations. The Commission noted that none of its 
proposals would affect the procedures for coordinating terrestrial 
wireless operations with FSS operations in shared bands. The Commission 
further observed that adoption of the proposals in the NPRM, 66 FR 
1283, January 8, 2001, would not affect the contours of any FSS earth 
station operating in bands shared with the Fixed Service. In other 
words, none of the proposals in the NPRM increase the risk of harmful 
interference to terrestrial wireless services. The Commission 
explicitly invited comments from any terrestrial wireless operator who 
believes its operations might be affected in some way by any of the 
proposals in the NPRM. No terrestrial wireless operator submitted any 
comments in response to the NPRM.

Conclusion

    Accordingly, in the FNPRM the Commission proposes to reduce the 
minimum antenna size for routine processing of C-band earth stations to 
3.7 meters. The Commission also proposes to begin the antenna gain 
envelope at 3[deg] off-axis outside the GSO orbital plane for Ku-band 
earth stations, and to increase the antenna gain pattern limits in the 
backlobe for Ku-band earth stations, and for Ka-band earth stations 
operating in frequency bands that are not shared with terrestrial 
wireless operations. The Commission also invites comment on proposal 
for addressing earth station pointing error concerns. The Commission 
also solicit comment on several Satellite Industry Association (SIA) 
proposals for which the record in this proceeding is not yet fully 
developed. In its ex parte statements, SIA proposes several new and 
revised rules. Many of those proposals were also raised in the original 
record in this proceeding, and that record is sufficient to enable us 
to act on those issues. The Commission had decided not to act on any of 
SIA's proposals at this time, however, until we can consider all of 
SIA's proposals together.

Paperwork Reduction Act

    This Further NPRM contains proposed information collections. As 
part of its continuing effort to reduce paperwork burdens, we invite 
the general public and the Office of Management and Budget (OMB) to 
take this opportunity to comment on the information collections 
contained in this Further 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 Further NPRM; OMB comments are 
due by April 8,

[[Page 78400]]

2003. 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. Written 
comments on the proposed information collection requirement should be 
filed with the Commission's Secretary, and a copy should be submitted 
to Judy Boley Herman, Federal Communications Commission, Room 1-C804, 
445 12th Street, SW., Washington, DC 20554, or via the Internet to 
[email protected], and Jeanette Thornton, OMB Desk Officer, 10236 NEOB, 
725 17th Street NW., Washington DC 20503, or via the Internet to 
[email protected].

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
603. Members of the public may file written comments on the IRFA within 
the deadline for comments on the FNPRM. The Commission requested 
comments on the number and identity of small entities that would be 
significantly impacted by the proposed rule changes in this further 
notice of proposed rulemaking.

Procedures for Filing Comments on the Further Notice of Proposed 
Rulemaking

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file comments on or 
before March 10, 2003, and reply comments on or before April 8, 2003. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (April 6, 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, 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 .'' 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 a.m. to 7 
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.
    Parties who choose to file by paper should also submit their 
comments on diskette. The diskettes should be submitted to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission. Portals II, 445 12th Street, SW., 
Washington, DC. The Commission's contractor, Vistronix, Inc., will 
receive hand-delivered diskette filings for the Commission's Secretary 
at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The 
filing hours at this location are 8 a.m. to 7 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 Compton 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. Such a submission should 
be on a 3.5-inch diskette formatted in an IBM compatible format using 
Word for Windows or compatible software. The diskette should be 
accompanied by a cover letter and should be submitted in ``read only'' 
mode. The diskettes should be clearly labeled with the commenter's 
name, the docket number of this proceeding, type of pleading (comment 
or reply comment), date of submission, and the name of the electronic 
file on the diskette. The label should also include the following 
phrase ``Disk Copy--Not an Original.'' Each diskette should contain 
only one party's pleading, preferably in a single electronic file. In 
addition, commenters must send diskette copies to the Commission's copy 
contractor, Qualex International, Portals II, 445 12th Street, SW., 
Room CY-B402 Washington, DC 20554.

List of Subjects in 47 CFR Part 25

    Satellite communications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-32294 Filed 12-23-02; 8:45 am]
BILLING CODE 6712-01-P