[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Rules and Regulations]
[Pages 63994-63999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28170]



[[Page 63994]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket Nos. 02-34 and 00-248, FCC 03-154]


Satellite Licensing Procedures

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts revisions to a new 
filing form for satellite license applications, entitled ``Schedule 
S,'' and a streamlined filing form for routine earth station license 
applications, entitled ``Form 312 EZ.'' The Commission also clarifies 
several rules related to the Commission's information requirements for 
satellite and earth station licenses. These actions are necessary to 
facilitate compliance with the information requirements applicable to 
satellite and earth station license applicants.

DATES: The rule revisions contain information 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 rules.

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

SUPPLMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order, IB Docket Nos. 02-34 and 00-248, FCC 03-154, adopted 
June 26, 2003, and released July 8, 2003. The complete text of this 
Third Report and Order is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room), 445 12th 
Street, SW., Washington, DC 205545, 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 email [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 Third Report and Order have been analyzed 
with respect to the Paperwork Reduction Act of 1995 (PRA), Public Law 
104-13, and found to impose new or modified 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, and 
will go into effect upon announcement in the Federal Register of OMB 
approval.

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA),\1\ Initial 
Regulatory Flexibility Analyses (IRFAs) were incorporated in the Space 
Station Reform NPRM in IB Docket No. 02-34,\2\ and the Part 25 Earth 
Station Streamlining NPRM in IB Docket No. 00-248.\3\ The Commission 
sought written public comment on the proposals in the NPRM, including 
comment on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.\4\
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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, 
Pub. L. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA 
is the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA).
    \2\ Amendment of the Commission's Space Station Licensing Rules 
and Policies, Notice of Proposed Rulemaking, IB Docket No. 02-34, 67 
FR 12485 (Mar. 19, 2002).
    \3\ 2000 Biennial Regulatory Review--Streamlining and Other 
Revisions of Part 25 of the Commission's Rules Governing the 
Licensing of, and Spectrum Usage by, Satellite Network Earth 
Stations and Space Stations, Notice of Proposed Rulemaking, IB 
Docket No. 00-248, 66 FR 1283 (Jan. 8, 2000).
    \4\ See 5 U.S.C. 604.
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    Need for, and Objectives of, the Report and Order: The objective of 
the rules proposed in the Space Station Reform NPRM and First R&O is to 
enable the Commission to process applications for satellite licenses 
more quickly than it can under its current rules. These rule revisions 
are needed because delays in the current satellite licensing process 
may impose economic costs on society, and because recent changes in the 
International Telecommunication Union procedures require us to issue 
satellite licenses more quickly in order to meet U.S. international 
treaty obligations. In addition, the current satellite licensing 
process is not well suited to some satellite systems employing current 
technology. Finally, revision of the satellite licensing process will 
facilitate the Commission's efforts to meet its spectrum management 
responsibilities. By establishing a standardized form for space station 
applications, the Commission will be able to review and act on those 
applications more quickly than is now possible.
    The objective of the Part 25 Earth Station Streamlining NPRM 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. Section 11 was added to the Communications Act 
by the Telecommunications Act of 1996, which 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. By adopting a streamlined form for routine earth 
station license applications, we modify some earth station information 
requirements that are no longer necessary in the public interest.
    Summary of Significant Issues Raised by Public Comments In Response 
to the IRFAs: No comments were submitted directly in response to the 
IRFAs.
    Description and Estimate of the Number of Small Entities To Which 
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 proposed rules, if adopted.\5\ The RFA generally 
defines the term ``small entity `` as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \6\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\7\ 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).\8\ A small 
organization is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
\9\ Nationwide, as of 1992, there were approximately 275,801 small 
organizations.\10\ ``Small governmental jurisdiction'' generally

[[Page 63995]]

means ``governments of cities, counties, towns, townships, villages, 
school districts, or special districts, with a population of less than 
50,000.'' \11\ As of 1992, there were approximately 85,006 such 
jurisdictions in the United States.\12\ This number includes 38,978 
counties, cities, and towns; of these, 37,566, or 96 percent, have 
populations of fewer than 50,000.\13\ 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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    \5\ 5 U.S.C. 603(b)(3).
    \6\ Id. 601(6).
    \7\ 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).
    \8\ Small Business Act, 15 U.S.C. 632 (1996).
    \9\ 5 U.S.C. 601(4).
    \10\ 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).
    \11\ 5 U.S.C. 601(5).
    \12\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census 
of Governments.''
    \13\ Id.
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    The rules proposed in the Space Station Reform NPRM and First R&O 
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.\14\ This definition provides that a small entity is 
expressed as one with $11.0 million or less in annual receipts.\15\ 
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.\16\
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    \14\ ``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.'' Small 
Business Administration, 1997 NAICS Definitions, NAICS 513340.
    \15\ 13 CFR 120.121, NAICS code 513340.
    \16\ U.S. Census Bureau, 1997 Economic Census, Subject Service: 
Information, ``Establishment and Firm Size,'' Table 4, NAICS 513340 
(Issued Oct. 2000).
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    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 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.
    Below, we further describe and estimate the number of small entity 
licensees that may be affected by the rules proposed in the Part 25 
Earth Station Streamlining NPRM:
    1. Cable Services. The Commission has developed its own small 
business size standard for a small cable 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.\17\ 
Based on our most recent information, we estimate that there were 1,439 
cable operators that qualified as small cable companies at the end of 
1995.\18\ 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 cable companies that may be affected by the proposed rules.
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    \17\ 47 CFR 76.901(e). The Commission developed this definition 
based on its determinations that a small cable company is one with 
annual revenues of $100 million or less. See Implementation of 
Sections of the Cable Television Consumer Protection and Competition 
Act of 1992: Rate Regulation, MM Doc. Nos. 92-266 and 93-215, Sixth 
Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 
7393, 7408-7409 ]] 28-30 (1995).
    \18\ Paul Kagan Assocs., Inc., Cable TV Investor, Feb. 29, 1996 
(based on figures for Dec. 30, 1995).
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    The Communications Act of 1934, as amended, also contains a size 
standard for a ``small cable operator,'' which is ``a cable operator 
that, directly or through an affiliate, serves in the aggregate fewer 
than one 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.'' \19\ The Commission has determined 
that there are 67,700,000 subscribers in the United States.\20\ 
Therefore, an operator serving fewer than 677,000 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.\21\ Based on available data, we estimate that 
the number of cable operators serving 677,000 subscribers or less 
totals approximately 1,450.\22\ We do not request or collect 
information on whether cable operators are affiliated with entities 
whose gross annual revenues exceed $250,000,000,\23\ and therefore are 
unable to estimate accurately the number of cable system operators that 
would qualify as small cable operators under the definition in the 
Communications Act.
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    \19\ 47 U.S.C. 543(m)(2).
    \20\ See FCC Announces New Subscriber Count for the Definition 
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
    \21\ 47 CFR 76.1403(b).
    \22\ See FCC Announces New Subscriber Count for the Definition 
of Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (2001).
    \23\ We do receive such information on a case-by-case basis only 
if a cable operator appeals a local franchise authority's finding 
that the operator does not qualify as a small cable operator 
pursuant to section 76.901(f) of the Commission's rules. See 47 CFR 
76.990(b).
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    2. Satellite Telecommunications Services. The rules adopted in this 
Third Report and Order affect providers of satellite telecommunications 
services. Satellite telecommunications service providers include 
satellite operators and earth station operators. 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.\24\ This definition provides that a small entity is 
expressed as one with $12.5 million or less in annual receipts.\25\ 
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.\26\
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    \24\ ``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.'' Small 
Business Administration, 1997 NAICS Definitions, NAICS 513340.
    \25\ 13 CFR 120.121, NAICS code 513340.
    \26\ U.S. Census Bureau, 1997 Economic Census, Subject Service: 
Information, ``Establishment and Firm Size,'' Table 4, NAICS 513340 
(Issued Oct. 2000).
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    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 (NAICS 513112) and 
television broadcasting stations (NAICS 513120). These definitions 
provide that a small entity is one with either $6.0 million or less in 
annual receipts for a radio broadcasting station or $12.0 million in 
annual receipts for a TV station. See 13 CFR 121.201. As of September 
1999, there were 3,237 FM translators and boosters,

[[Page 63996]]

4913 TV translators.\27\ 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 as discussed previously. These 
stations would likely have annual revenues that exceed the SBA maximum 
to be designated as a small business (as noted, either $6.0 million for 
a radio station or $12.0 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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    \27\ 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,\28\ private-operational fixed,\29\ and broadcast auxiliary 
radio services.\30\ The proposed rules could affect all common carrier 
and private operational fixed microwave licensees who are authorized 
under Part 101 of the Commission's Rules. There is currently no 
definition of small entities applicable to these specific licensees. 
Therefore, the applicable small business size standard is the SBA size 
standard for ``Cellular and Other Wireless Telecommunications,'' which 
provides that a small entity in this category is one employing no more 
than 1,500 persons.\31\ For 1997, there were 2,872 firms in this 
category, total, which operated for the entire year. Of this total, 
only 25 had 1,000 or more employees.\32\
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    \28\ See 47 CFR part 101 (formerly, part 21 of the Commission's 
Rules).
    \29\ Persons eligible under parts 80 and 90 of the Commission's 
rules can use Private Operational-Fixed Microwave services. See 47 
CFR parts 80 and 90. Stations in this service are called 
operational-fixed to distinguish them from common carrier and public 
fixed stations. Only the licensee may use the operational-fixed 
station, and only for communications related to the licensee's 
commercial, industrial, or safety operations.
    \30\ Auxiliary Microwave Service is governed by part 74 of Title 
47 of the Commission's Rules. See 47 CFR part 74 et seq. Available 
to licensees of broadcast stations and to broadcast and cable 
network entities, broadcast auxiliary microwave stations are used 
for relaying broadcast television signals from the studio to the 
transmitter, or between two points such as a main studio and an 
auxiliary studio. The service also includes mobile TV pickups, which 
relay signals from a remote location back to the studio.
    \31\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4812.
    \32\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
Information, ``Employment Size of Establishments of Firms Subject to 
Federal Income Tax: 1997,'' Table 5, NAICS code 51332 (issued 
October 2000).
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    Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements: The rules adopted in this Order are not 
expected to result in any overall increase in the reporting, 
recordkeeping and other compliance requirements of any licensee. The 
new reporting requirements we adopt in this Order are generally minor, 
such as providing slightly more detail in the power flux density (PFD) 
information space station license applicants are already required to 
provide. These increases should be offset at least in part by the fact 
that standardizing some information requirements should make it easier 
to provide that information.
    Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered: In this Order, we 
adopt a streamlined earth station application form designed to reduce 
the economic impact on all earth station applicants, including small 
entities.
    We considered and rejected a proposal to eliminate our space 
station application information requirements and rely instead on 
information submitted to the ITU because we have no direct control over 
those information requirements and there is no guarantee that 
information submitted to the ITU rules will be adequate for U.S. 
operations.
    Report to Congress: The Commission will send a copy of this Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the 
Commission will send a copy of this Order, including FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
this Order and FRFA (or summaries thereof) will also be published in 
the Federal Register. See 5 U.S.C. 604(b).

Summary of Report and Order

    In this Third Report and Order, the Commission adopts two new 
filing forms. One form is Schedule S, which standardizes and 
consolidates much of the information required in satellite 
applications. The Commission adopts Schedule S as it was proposed in 
the Notice of Proposed Rulemaking, 67 FR 12498, Mar. 19, 2002, with the 
following exceptions: (1) On Tables S11, S12, and S13, the Commission 
eliminated some duplicative information requests, and rearranged the 
remaining information requests on those tables so that they flow 
better; (2) specified a format for antenna gain contour diagrams for 
geostationary orbit (GSO) satellite applications only, not for non-
geostationary orbit (GSO) satellite applications; and (3) provides a 
column for power flux density (PFD) reference bandwidth. Direct 
Broadcast Satellite (DBS) and non-U.S.-licensed satellite operators 
seeking access to the U.S. market are required to use Schedule S. The 
other form adopted in the Third Report and Order in this proceeding is 
``Form 312EZ,'' a streamlined version of Form 312 for routine 
conventional C-band and Ku-band earth station applications. In 
addition, the Commission eliminates Form 701, and renames Form 405 as 
Form 312-R. The Commission delegates to the International Bureau 
authority to make revisions to its electronic filing system needed to 
implement these new forms.
    The Commission also adopts mandatory electronic filing for routine 
earth station license applications, and comments and petitions to deny 
in response to all earth station license applications. The Commission 
clarifies its rules for earth station license modifications. 
Furthermore, the Commission revises its rules to allow earth station 
applicants to specify more than one frequency band, and to specify both 
common carrier and non-common carrier service. Finally, the Commission 
eliminates some outmoded rules.

Ordering Clauses

    Accordingly, 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 
Third Report and Order in IB Docket No. 02-34 and Third Report and 
Order in IB Docket No. 00-248 is hereby ADOPTED.
    Part 25 of the Commission's rules is amended as set forth below.
    The rule revisions contain information requirements that have not 
been approved by OMB. The Federal Communications Commission will 
publish a document in the Federal Register announcing the effective 
date.
    Authority is delegated to the Chief, International Bureau, as set 
forth in this Order.
    The Consumer Information Bureau, Reference Information Center, 
Shall send a copy of this 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

    Satellites.


[[Page 63997]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

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, and 332, 
unless otherwise noted.

0
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.
* * * * *

0
3. 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.
* * * * *

0
4. Revise Sec.  25.114 to read as follows:


Sec.  25.114  Applications for space station authorizations.

    (a) A comprehensive proposal shall be submitted for each proposed 
space station on FCC Form 312, Main Form and Schedule S, together with 
attached exhibits as described in paragraph (d) of this section.
    (b) Each application for a new or modified space station 
authorization must constitute a concrete proposal for Commission 
evaluation. Each application must also contain the formal waiver 
required by Section 304 of the Communications Act, 47 U.S.C. 304. The 
technical information for a proposed satellite system specified in 
paragraph (c) of this section must be filed on FCC Form 312, Main Form 
and Schedule S. The technical information for a proposed satellite 
system specified in paragraph (d) of this section need not be filed on 
any prescribed form but should be complete in all pertinent details. 
Applications for new space station authorizations other than 
authorizations for the Direct Broadcast Service (DBS) and Digital Audio 
Radio Satellite (DARS) service must be filed electronically through the 
International Bureau Filing System (IBFS).
    (c) The following information shall be filed on FCC Form 312, Main 
Form and Schedule S:
    (1) Name, address, and telephone number of the applicant;
    (2) Name, address, and telephone number of the person(s), including 
counsel, to whom inquiries or correspondence should be directed;
    (3) Type of authorization requested (e.g., launch authority, 
station license, modification of authorization);
    (4)(i) Radio frequencies and polarization plan (including beacon, 
telemetry, and telecommand functions), center frequency and 
polarization of transponders (both receiving and transmitting 
frequencies),
    (ii) Emission designators and allocated bandwidth of emission, 
final amplifier output power (identify any net losses between output of 
final amplifier and input of antenna and specify the maximum EIRP for 
each antenna beam),
    (iii) Identification of which antenna beams are connected or 
switchable to each transponder and TT&C function,
    (iv) Receiving system noise temperature,
    (v) The relationship between satellite receive antenna gain pattern 
and gain-to-temperature ratio and saturation flux density for each 
antenna beam (may be indicated on antenna gain plot),
    (vi) The gain of each transponder channel (between output of 
receiving antenna and input of transmitting antenna) including any 
adjustable gain step capabilities, and
    (vii) Predicted receiver and transmitter channel filter response 
characteristics.
    (5) For satellites in geostationary-satellite orbit,
    (i) Orbital location, or locations if alternatives are proposed, 
requested for the satellite,
    (ii) The factors that support the orbital assignment or assignments 
proposed in paragraph (c)(5)(i) of this section,
    (iii) Longitudinal tolerance or east-west station-keeping 
capability;
    (iv) Inclination incursion or north-south station-keeping 
capability.
    (6) For satellites in non-geostationary-satellite orbits,
    (i) The number of space stations and applicable information 
relating to the number of orbital planes,
    (ii) The inclination of the orbital plane(s),
    (iii) The orbital period,
    (iv) The apogee,
    (v) The perigee,
    (vi) The argument(s) of perigee,
    (vii) Active service arc(s), and
    (viii) Right ascension of the ascending node(s).
    (7) For satellites in geostationary-satellite orbit, accuracy with 
which the orbital inclination, the antenna axis attitude, and 
longitudinal drift will be maintained;
    (8) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec.  25.208, for angles of arrival of 5[deg], 10[deg], 15[deg], 
20[deg], and 25[deg] above the horizontal;
    (9) Arrangement for tracking, telemetry, and control;
    (10) Physical characteristics of the space station including weight 
and dimensions of spacecraft, detailed mass (on ground and in-orbit) 
and power (beginning and end of life) budgets, and estimated 
operational lifetime and reliability of the space station and the basis 
for that estimate;
    (11) A clear and detailed statement of whether the space station is 
to be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed. If non-common carrier transactions are 
proposed, describe the nature of the transactions and specify the 
number of transponders to be offered on a non-common carrier basis;
    (12) Dates by which construction will be commenced and completed, 
launch

[[Page 63998]]

date, and estimated date of placement into service.
    (13) The polarization information specified in Sec. Sec.  
25.210(a)(1), (a)(3), and (i), to the extent applicable.
    (d) The following information in narrative form shall be contained 
in each application:
    (1) General description of overall system facilities, operations 
and services;
    (2) If applicable, the feeder link and inter-satellite service 
frequencies requested for the satellite, together with any 
demonstration otherwise required by this chapter for use of those 
frequencies (see, e.g., Sec. Sec.  25.203(j) and (k));
    (3) Predicted space station antenna gain contour(s) for each 
transmit and each receive antenna beam and nominal orbital location 
requested. These contour(s) should be plotted on an area map at 2 dB 
intervals down to 10 dB below the peak value of the parameter and at 5 
dB intervals between 10 dB and 20 dB below the peak values, with the 
peak value and sense of polarization clearly specified on each plotted 
contour. For applications for geostationary orbit satellites, this 
information must be provided in the .gxt format.
    (4) A description of the types of services to be provided, and the 
areas to be served, including a description of the transmission 
characteristics and performance objectives for each type of proposed 
service, details of the link noise budget, typical or baseline earth 
station parameters, modulation parameters, and overall link performance 
analysis (including an analysis of the effects of each contributing 
noise and interference source);
    (5) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec.  25.208; Calculation of power flux density levels within each 
coverage area and of the energy dispersal, if any, needed for 
compliance with Sec.  25.208, for angles of arrival other than 5[deg], 
10[deg], 15[deg], 20[deg], and 25[deg] above the horizontal.
    (6) Public interest considerations in support of grant;
    (7) Applications for authorizations for fixed-satellite space 
stations shall also include the information specified in Sec.  25.140;
    (8) Applications for authorizations in the Mobile-Satellite Service 
in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also provide 
all information necessary to comply with the policies and procedures 
set forth in Rules and Policies Pertaining to the Use of Radio 
Frequencies in a Land Mobile Satellite Service, 2 FCC Rcd 485 (1987) 
(Available at address in Sec.  0.445 of this chapter.);
    (9) Applications to license multiple space station systems in the 
non-voice, non-geostationary mobile-satellite service under blanket 
operating authority shall also provide all information specified in 
Sec.  25.142; and
    (10) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in Sec.  
25.143.
    (11) In addition to a statement of whether the space station is to 
be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed, as specified in paragraph (c)(11) of this 
section, satellite applications in the Direct Broadcast Satellite 
service must provide a clear and detailed statement of whether the 
space station is to be operated on a broadcast or non-broadcast basis.
    (12) Applications for authorizations in the non-geostationary 
satellite orbit fixed-satellite service (NGSO FSS) in the bands 10.7 
GHz to 14.5 GHz shall also provide all information specified in Sec.  
25.146.
    (13) For satellite applications in the Direct Broadcast Satellite 
service, if the proposed system's technical characteristics differ from 
those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder 
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A, each 
applicant shall provide:
    (i) The information requested in Appendix 4 of the ITU's Radio 
Regulations. Further, applicants shall provide sufficient technical 
showing that the proposed system could operate satisfactorily if all 
assignments in the BSS and feeder link Plans were implemented.
    (ii) Analyses of the proposed system with respect to the limits in 
Annex 1 to Appendices 30 and 30A.
    (e) Applicants requesting authority to launch and operate a system 
comprised of technically identical, non-geostationary satellite orbit 
space stations may file a single ``blanket'' application containing the 
information specified in paragraphs (c) and (d) of this section for 
each representative space station.

0
5. Amend Sec.  25.115 by revising paragraph (a) to read as follows:


Sec.  25.115  Application for earth station authorizations.

    (a) Transmitting earth stations. Except as provided under Sec.  
25.113(b) of this Chapter, Commission authorization must be obtained 
for authority to construct and/or operate a transmitting earth station. 
Applications shall be filed on FCC Form 312, Main Form and Schedule B, 
and include the information specified in Sec.  25.130.
    (1) Applications for transmitting earth station facilities must be 
filed electronically through the International Bureau Filing System 
(IBFS) in all cases where the earth station:
    (i) Will transmit in the 3700-4200 MHz and 5925-6425 MHz band, and/
or the 11.7-12.2 GHz and 14.0-14.5 GHz band, and
    (ii) Will meet all the applicable technical specifications set 
forth in this part.
    (2) Applications for other earth station applications are permitted 
but not required to be filed electronically. Any party choosing to file 
an earth station application electronically must file in accordance 
with the pleading limitations, periods and other applicable provisions 
of Sec. Sec.  1.41 through 1.52 of this chapter;
* * * * *

0
6. Amend Sec.  25.117 by revising paragraphs (a) and (c), and removing 
and reserving paragraphs (b) and (e), 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.
* * * * *
    (c) Applications for modification of earth station authorizations 
shall be submitted on FCC Form 312, Main Form and Schedule B. 
Applications for modification of space station authorizations shall be 
submitted on FCC Form 312, Main Form and Schedule S. In addition, any 
application for modification of authorization to extend a required date 
of completion, as set forth in Sec.  25.133 for earth station 
authorization or Sec.  25.164 for space stations, or included as a 
condition of any earth station or space station authorization, must 
include a verified statement from the applicant:
    (1) That states the additional time is required due to 
unforeseeable 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

[[Page 63999]]

justify an extension, identifies these interests and justifies a 
precise extension period.
* * * * *

0
7. Amend Sec.  25.118 by revising paragraphs (a) and (b) and removing 
and reserving paragraphs (c) and (d) to read as follows:


Sec.  25.118  Modifications not requiring prior authorization.

    (a) Earth station license modifications, 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.
    (2) Except for replacement of equipment where the new equipment is 
electrically identical to the existing equipment, an authorized earth 
station licensee may add, change or replace transmitters or antenna 
facilities without prior authorization, provided:
    (i) The added, changed, or replaced facilities conform to Sec.  
25.209;
    (ii) The particulars of operations remain unchanged;
    (iii) Frequency coordination is not required; and
    (iv) 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.
    (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.
    (4) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
Form 312 within 30 days after the completed change to common carrier 
status.
    (5) 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.
    (b) Earth station license modifications, notification not required. 
Notwithstanding paragraph (a)(2) of this section, equipment in an 
authorized earth station may be replaced without prior authorization 
and without notifying the Commission if the new equipment is 
electrically identical to the existing equipment.
* * * * *

0
8. Amend Sec.  25.121 by revising paragraph (e) to read as follows:


Sec.  25.121  License term and renewals.

* * * * *
    (e) 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 twelfth year 
of the existing license term.

0
9. Amend Sec.  25.131 by revising paragraphs (h) and (i) to read as 
follows:


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

* * * * *
    (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 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.
* * * * *


Sec.  25.141  [Removed]

0
10. Remove Sec.  25.141.

Subpart H--[Removed and Reserved]

0
11. Part 25 is amended by removing and reserving subpart H.

[FR Doc. 03-28170 Filed 11-10-03; 8:45 am]
BILLING CODE 6712-01-P