[Federal Register Volume 69, Number 107 (Thursday, June 3, 2004)]
[Rules and Regulations]
[Pages 31301-31302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12606]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket Nos. 02-34 and 02-54, FCC 03-102]


Satellite Licensing Procedures

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document corrects errors in the rule changes published in 
the Federal Register of August 27, 2003, regarding reform of space 
station licensing procedures.

DATES: Effective June 3, 2004.

FOR FURTHER INFORMATION CONTACT: Stephen Duall, Attorney Advisor, 
Satellite Division, International Bureau, telephone (202) 418-1103 or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This document corrects errors in Sec.  25.146 of the Commission's 
rules. The Commission published a document in the Federal Register of 
August 27, 2003,

[[Page 31302]]

(68 FR 51499), that, among other things, was intended to eliminate the 
Commission's space station ``anti-trafficking'' prohibitions. These 
``anti-trafficking provisions'' proscribed the sale of bare space 
station licenses for profit and were codified in various sections of 
part 25 of the Commission's rules. To implement the elimination of the 
anti-trafficking provisions, the Commission indicated it would remove 
and reserve paragraph (i) of Sec.  25.146, which contained the anti-
trafficking prohibitions for non-geostationary satellite orbit (NGSO) 
fixed-satellite service (FSS) in the 10.7 GHz to 14.5 GHz band (as used 
herein, ``Ku-band'').
    Prior to this change taking effect, however, the Commission 
published a separate document in the Federal Register of July 25, 2003, 
(68 FR 43946), that amended Sec.  25.146 by adding a new paragraph (g) 
and by re-designating paragraphs (g) through (m) as paragraphs (h) 
through (n). As a result, ``old'' Sec.  25.146(h) was re-designated as 
``new'' Sec.  25.146(i), and ``old'' Sec.  25.146(i) was re-designated 
as ``new'' Sec.  25.146(j). Therefore, when the Commission subsequently 
removed and reserved Sec.  25.146(i), it did not eliminate the text of 
anti-trafficking provisions for the Ku-band NGSO FSS service, but 
rather erroneously eliminated the text of rules concerning additional 
informational requirements for the Ku-Band NGSO FSS that had been 
previously contained in ``old'' Sec.  25.146(h). The text of the anti-
trafficking provisions inadvertently remained a part of the Code of 
Federal Regulations as ``new'' Sec.  25.146(j) of the Commission's 
rules. This document corrects these errors.

List of Subjects in 47 CFR Part 25

    Satellites.

0
Accordingly, 47 CFR part 25 is corrected by making the following 
correcting amendments:

PART 25--SATELLITE COMMUNICATIONS

0
1. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-704. Interprets or applies Sections 4, 
301, 302, 303, 307, 309, and 322 of the Communications Act, as 
amended, 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332, unless 
otherwise noted.


0
2. Section 25.146 is amended by revising paragraph (i) and removing and 
reserving paragraph (j) to read as follows:


Sec.  25.146  Licensing and operating authorization provisions for the 
non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in 
the bands 10.7 GHz to 14.5 GHz.

* * * * *
    (i) In addition to providing the information specified in Sec.  
25.114, each NGSO FSS applicant shall provide the following:
    (1) A demonstration that the proposed system is capable of 
providing fixed-satellite services on a continuous basis throughout the 
fifty states, Puerto Rico and the U.S. Virgin Islands, U.S.; and
    (2) A demonstration that the proposed system be capable of 
providing fixed-satellite services to all locations as far north as 70 
deg. latitude and as far south as 55 deg. latitude for at least 75 
percent of every 24-hour period; and
    (3) Sufficient information on the NGSO FSS system characteristics 
to properly model the system in computer sharing simulations, 
including, at a minimum, NGSO hand-over and satellite switching 
strategies, NGSO satellite beam patterns, NGSO satellite antenna 
patterns and NGSO earth station antenna patterns. In particular, each 
NGSO FSS applicant must explain the switching protocols it uses to 
avoid transmitting while passing through the geostationary satellite 
orbit arc, or provide an explanation as to how the power-flux density 
limits in Sec.  25.208 are met without using geostationary satellite 
orbit arc avoidance. In addition, each NGSO FSS applicant must provide 
the orbital parameters contained in Section A.3 of Annex 1 to 
Resolution 46. Further, each NGSO FSS applicant must provide a 
sufficient technical showing to demonstrate that the proposed non-
geostationary satellite orbit system meets the power-flux density 
limits contained in Sec.  25.208, as applicable, and
    (4) A description of the design and operational strategies that it 
will use, if any, to mitigate orbital debris. Each applicant must 
submit a casualty risk assessment if planned post-mission disposal 
involves atmospheric re-entry of the spacecraft.
    (j) [Removed and Reserved].
* * * * *

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 04-12606 Filed 6-2-04; 8:45 am]
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