[Federal Register Volume 68, Number 212 (Monday, November 3, 2003)]
[Rules and Regulations]
[Pages 62247-62249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27217]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket Nos. 02-34, 00-248, and 96-111, FCC 03-128]


Satellite Licensing Procedures

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts a procedure that will 
give operators the flexibility to operate satellites in their fleets at 
any one of their orbit locations assigned to their fleet without 
individual prior Commission approval. The Commission also relaxes a 
licensing requirement for receive-only earth stations accessing certain 
foreign-licensed satellites. These actions are necessary to provide 
U.S.-licensed and non-U.S.-licensed satellite operators authorized to 
provide service to the United States more flexibility to meet their 
customers' needs.

DATES: This final rule contains information collection requirements 
that have not been approved by OMB. The Federal Communications 
Commission will publish a document in the Federal Register announcing 
the effective date of these amendments.

FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Attorney Advisor, 
Satellite Division, International Bureau, telephone (202) 418-1539 or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, IB Docket Nos. 02-34, 00-248, and 96-111, FCC 03-128, 
adopted June 4, 2003, and released June 20, 2003. The complete text of 
this Second Report and Order is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room CY-
A257), 445 12th Street, SW., Washington, DC 20554, and also may be 
purchased from the Commission's copy contractor, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone (202) 863-2893, facsimile (202) 863-2898 or via e-mail 
[email protected]. It is also available on the Commission's Web site at 
http://www.fcc.gov.
    Paperwork Reduction Act Analysis: The actions taken in the Second 
Report and Order have been analyzed with respect to the Paperwork 
Reduction Act of 1995 (PRA), Public Law No. 104-13, and found to impose 
new reporting requirements or burdens on the public. Implementation of 
these new or modified reporting and recordkeeping requirements will be 
subject to approval by the Office of Management and Budget (OMB) as 
prescribed by the PRA.
    Summary of Report and Order: In this document, the Commission 
adopts a streamlined procedure for certain modifications of space 
station licenses, which it refers to as ``Fleet Management'' 
modifications. A space station operator may modify its license without 
prior authorization, but upon 30 days prior notice to the Commission 
and any potentially affected licensed spectrum user, provided that the 
operator meets the following requirements: (1) The space station 
licensee will relocate a Geostationary Satellite Orbit (GSO) space 
station to another orbit location that is assigned to that licensee; 
(2) the relocated space station licensee will operate with the same 
technical parameters as the space station initially assigned to that 
location, or within the original satellite's authorized and/or 
coordinated parameters; (3) the space station licensee certifies that 
it will comply with all the conditions of its original license and all 
applicable rules after the relocation; (4) the space station licensee 
certifies that it will comply with all applicable coordination 
agreements at the newly occupied orbital location; (5) the space 
station licensee certifies that it has completed any necessary 
coordination of its space station at the new location with other 
potentially affected space station operators; (6) the space station 
licensee certifies that it will limit operations of the space station 
to Tracking, Telemetry, and Control (TT&C) functions during the 
relocation and satellite drift transition period; and (7) the space 
station licensee certifies that the relocation of the space station 
does not result in a lapse of service for any current customer. The 
Commission also adopts rules to allow earth station operators that need 
to modify their licenses to repoint their antennas in response to a 
satellite Fleet Management modification to do so on a streamlined 
basis. Finally, the Commission extends its Fleet Management 
modification rules to non-U.S.-licensed satellites.
    In addition, the Commission relaxes a licensing requirement for 
certain receive-only earth stations. Historically, receive-only earth 
stations receiving from non-U.S.-licensed satellites were required to 
be licensed. Under the rule revisions adopted here, receive-only

[[Page 62248]]

earth stations receiving from non-U.S.-licensed satellites authorized 
to provide service to the United States because they have been placed 
on the Permitted List are no longer required to be licensed. For more 
on the Permitted List, see 64 FR 61791, Nov. 15, 1999.
    Regulatory Flexibility Analysis: Final Regulatory Flexibility 
Certification. The Regulatory Flexibility Act of 1980, as amended 
(RFA)\1\ requires that a regulatory flexibility analysis be prepared 
for rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' \2\ The RFA generally defines ``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\
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    \1\ The RFA, see 5 U.S.C. 601 et seq., has been amended by the 
Contract With America Advancement Act of 1996, Pub. L. No. 104-121, 
110 stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
    \2\ 5 U.S.C. 605(b).
    \3\ 5 U.S.C. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in Small Business Act, 15 U.S.C. 632).
    \5\ Small Business Act, 15 U.S.C. 632.
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    In this Second Report and Order in IB Docket No. 02-34, the 
Commission adopts a streamlined procedure for space station license 
modification applications. The effect of these rule revisions is to 
reduce the administrative burdens associated with requesting space 
station modifications. In this Second Report and Order in IB Docket No. 
00-248, the Commission eliminates a licensing requirement for certain 
receive-only earth stations. This will reduce the administrative 
burdens of those receive-only earth station owners. We expect that 
these changes will be minimal and positive. Therefore, we certify that 
the requirements of these Second Reports and Orders will not have a 
significant economic impact on a substantial number of small entities. 
The Commission will send a copy of the Second Reports and Orders, 
including a copy of this final certification, in a report to Congress 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In 
addition, the Second Reports and Orders and this certification will be 
sent to the Chief Counsel for Advocacy of the Small Business 
Administration, and will be published in the Federal Register. See 5 
U.S.C. 605(b).

Ordering Clauses

    Accordingly, it is ordered, 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 Second Report and Order is hereby adopted.
    It is further ordered that Part 25 of the Commission's rules is 
amended as set forth below. These rule revisions contain new or 
modified information collections that have not been approved by OMB. 
The Commission will publish a document in the Federal Register 
announcing the effective date of these rules.
    It is further ordered that the revisions to part 25 adopted in this 
Second Report and Order and set forth below are contingent upon 
approval by the Office of Management and Budget.
    It is further ordered that the Consumer Information Bureau, 
Reference Information Center, shall send a copy of this Order, 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    It is further ordered, pursuant to Sec.  0.261(a)(15) and Sec.  1.2 
of the Commission's rules, 47 CFR 0.261(a)(15), 1.2, that the Motion 
for Clarification and Declaratory Ruling filed by Home Box Office on 
January 4, 2000, is denied in part, to the extent indicated above.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
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.


0
2. Amend Sec.  25.117 by revising paragraph (d)(1) and adding (d)(3), 
to read as follows:


Sec.  25.117  Modification of station license.

* * * * *
    (d)(1) Except as set forth in Sec.  25.118(e), 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 that change need to be submitted, provided the 
applicant certifies that the remaining information has not changed.
* * * * *
    (3) In the event that a space station licensee provides 
notification of a planned license modification pursuant to Sec.  
25.118(e), and the Commission finds that the proposed modification does 
not meet the requirements of Sec.  25.118(e), the Commission will issue 
a public notice announcing that the proposed license modification will 
be considered pursuant to the procedure specified in paragraphs (d)(1) 
and (d)(2) of this section.
* * * * *

0
3. Amend Sec.  25.118 by adding paragraph (c)(6), revising paragraph 
(d) and adding paragraph (e) to read as follows:


Sec.  25.118  Modifications not requiring prior authorization.

* * * * *
    (c) * * *
    (6) Earth station operators may change their points of 
communication without prior authorization, provided that the change 
results from a space station license modification described in 
paragraph (e) of this section, and the earth station operator does not 
repoint its antenna.
    (d) Earth station licensees must notify the Commission using FCC 
Form 312 within 30 days after a modification described in paragraph (c) 
of this section is completed.
    (e) Space Station Modifications. A space station operator other 
than a Direct Broadcast Service (DBS) or a Digital Audio Radio Service 
(DARS) satellite operator may modify its license without prior 
authorization, but upon 30 days prior notice to the Commission and any 
potentially affected licensed spectrum user, provided that the operator 
meets the following requirements:
    (1) The space station licensee will relocate a Geostationary 
Satellite Orbit (GSO) space station to another orbit location that is 
assigned to that licensee;
    (2) The relocated space station licensee will operate with the same 
technical parameters as the space station initially assigned to that 
location, or within the original satellite's authorized and/or 
coordinated parameters;

[[Page 62249]]

    (3) The space station licensee certifies that it will comply with 
all the conditions of its original license and all applicable rules 
after the relocation;
    (4) The space station licensee certifies that it will comply with 
all applicable coordination agreements at the newly occupied orbital 
location;
    (5) The space station licensee certifies that it has completed any 
necessary coordination of its space station at the new location with 
other potentially affected space station operators;
    (6) The space station licensee certifies that it will limit 
operations of the space station to Tracking, Telemetry, and Control 
(TT&C) functions during the relocation and satellite drift transition 
period; and
    (7) The space station licensee certifies that the relocation of the 
space station does not result in a lapse of service for any current 
customer.

0
4. Amend Sec.  25.131 by revising paragraphs (b) and (j) to read as 
follows:


Sec.  25.131  Filing requirements for receive-only earth stations.

* * * * *
    (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.
* * * * *
    (j)(1) Except as set forth in paragraph (j)(2) of this section, 
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.
    (2) Receive-only earth stations used to receive transmissions from 
non-U.S.-licensed space stations on the Permitted Space Station List 
need not file for licenses, provided that:
    (i) The earth station antenna meets the antenna performance 
standards set forth in Sec. Sec.  25.209(a) and (b), and
    (ii) The space station operator and earth station operator comply 
with all applicable rules set forth in this chapter, and the conditions 
on the Permitted Space Station List applicable to that space station.
0
5. Amend Sec.  25.137 by revising paragraph (f) to read as follows:


Sec.  25.137  Application requirements for earth stations operating 
with non-U.S. licensed space stations.

* * * * *
    (f) A non-U.S.-licensed satellite operator that has been permitted 
to serve the United States pursuant to a Letter of Intent or Petition 
for Declaratory Ruling, may modify its U.S. operations under the 
procedures set forth in Sec.  25.117(d). In addition, a non-U.S.-
licensed satellite operator that has been permitted to serve the United 
States pursuant to a Petition for Declaratory Ruling, may modify its 
U.S. operations under the procedures set forth in Sec.  25.118(e).

[FR Doc. 03-27217 Filed 10-31-03; 8:45 am]
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