[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Rules and Regulations]
[Pages 47790-47795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16975]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 25

[IB Docket No. 02-34; FCC 04-92]


Space Station Licensing Rules and Policies

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission seeks to extend mandatory 
electronic filing to all satellite and earth station applications. The 
Commission also plans to implement two measures that allow space 
station operators to make certain changes to their systems without 
prior regulatory approval. First, we allow direct broadcast satellite 
(DBS) licensees and Digital Audio Radio Service (DARS) satellite 
licensees to use a streamlined procedure when relocating satellites for 
fleet management purposes. Second, we allow Non-Geostationary Satellite 
Orbit (NGSO) system operators to activate in-orbit spares without prior 
authorization from the Commission, provided that the activation does 
not cause the operator to exceed the total number of space stations 
that the licensee was authorized

[[Page 47791]]

to operate under its blanket license for that system. These rule 
revisions represent another step in our continuing effort to eliminate 
outdated regulatory requirements and expedite provision of satellite 
services to the public.

DATES: The revisions to Sec. Sec.  1.10000, 1.10006, 1.10007, 25.113 
and 25.118(e) will become effective September 7, 2004. The revisions to 
Sec. Sec.  25.110, 25.114, 25.115, 25.116, 25.117, 25.118(a), 25.130, 
25.131, and 25.154 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 
sections.

ADDRESSES: Comments on the information collection requirement should be 
addressed to the Office of the Secretary, Federal Communications 
Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition 
to filing comments with the Secretary, a copy should be submitted to 
Judy Boley Herman, Federal Communications Commission, Room 1-C804, 445 
Twelfth Street, SW., Washington, DC 20554, or via Internet to 
[email protected], and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 
725-17th Street, NW., Washington, DC 20503 or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Steven Spaeth, Satellite Division, 
International Bureau, at (202) 418-1539.

SUPPLEMENTARY INFORMATION: This is a summary of the Fourth Report and 
Order in IB Docket No. 02-34, adopted on April 9, 2004, and released on 
April 16, 2004 (FCC 04-92, released April 16, 2004), is available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. The document may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail 
http://www.BCPIWEB.com.
    In 2000 and 2002, the Commission initiated proceedings to reform 
and streamline its earth station and space station licensing 
procedures, respectively. In July 2003, the Commission adopted a Second 
Further Notice of Proposed Rulemaking (2nd FNPRM), 68 FR 53702, 
September 12, 2003, in both these proceedings. The Commission proposed 
extending mandatory electronic filing requirements to all space station 
and earth station applicants. The Commission also proposed extending 
the streamlined procedure for fleet management modifications to DBS and 
DARS licensees. Only one party filed comments in response to the 2nd 
FNPRM, Sirius Satellite Radio, Inc. (Sirius). No replies were filed.
    The Commission observed that it has mandatory electronic filing for 
several but not all satellite and earth station filings. We require all 
space station applicants other than DBS and DARS applicants to file 
electronically. We also require electronic filing for routine earth 
station license applications, and for earth station assignments and 
transfer of control applications. Parties filing petitions to deny 
routine earth station applications, or other pleadings in response to 
routine earth station applications, must also file electronically.
    Paperwork Reduction Act: This Fourth Report and Order contains new 
and modified information collections. The Federal Communications 
Commission, as part of its continuing effort to reduce paperwork 
burden, has previously invited the general public and the Office of 
Management and Budget (OMB) to comment on the information collection(s) 
contained in this Fourth Report and Order, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. See 69 FR 26391, May 12, 
2004.

A. Mandatory Electronic Filing

    1. In the 2nd FNPRM, the Commission proposed extending electronic 
filing requirements to all pleadings and other filings governed by part 
25 of the Commission's rules. The Commission noted that electronic 
filing should enable it to act on applications more quickly. The 
Commission explained further that requiring certain types of 
applications to be filed electronically and permitting others to be 
filed manually adds complexity to the application filing requirements. 
Thus, adopting mandatory electronic filing for all satellite and earth 
station filings would simplify the filing requirements. The Commission 
also proposed requiring DARS applicants to file applications on 
Schedule S. The Commission adopted Schedule S in its current form in 
the Third Space Station Reform Order, 68 FR 63994, November 12, 2003, 
to standardize many of the information requirements associated with 
satellite license applications. The Commission intended Schedule S to 
streamline review of satellite applications, and to facilitate 
electronic filing. Schedule S is required of all space station 
applicants other than DARS applicants.
    2. Discussion. Sirius supports extending mandatory electronic 
filing to all satellite and earth station applications, to simplify 
part 25 and to facilitate interested parties' access to information. We 
agree. Accordingly, we adopt mandatory electronic filing for all 
applications and pleadings that are governed by part 25. We delegate 
authority to the Chief, International Bureau, to make the electronic 
filing system revisions necessary to implement these new electronic 
filing requirements. We also direct the International Bureau to issue a 
public notice at least 30 days before the new electronic filing 
requirements will take effect.
    3. Sirius also argues that the edit checks in Schedule S should 
allow applicants to respond ``Not Applicable'' or ``N/A'' where 
appropriate. We agree, and direct the International Bureau to add ``Not 
Applicable'' or ``N/A'' responses to Schedule S where appropriate.

B. Streamlined Fleet Management Modification Procedure for DBS and DARS 
Licensees

    4. Background. In the Second Space Station Reform Order, 68 FR 
62247, November 3, 2003, the Commission adopted a streamlined procedure 
for GSO licensees seeking to relocate two or more satellites among 
orbit locations at which they are licensed. The Commission referred to 
such relocations as ``fleet management'' license modifications. Under 
this procedure, 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;

[[Page 47792]]

    (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 noted that, because DBS and DARS were not 
included in the Space Station Reform NPRM, 68 FR 51546, August 27, 
2003, the streamlined procedure for satellite fleet management 
modifications adopted in the Second Space Station Reform Order was 
limited to modifications of satellite licenses other than DBS and DARS.
    5. In the 2nd FNPRM, 68 FR 53702, September 12, 2003, the 
Commission proposed to extend the satellite fleet management 
modification procedure to DBS and DARS licenses. It stated that it was 
not aware of any public policy that would be served by precluding DBS 
and DARS licensees from using this procedure, which allows licensees to 
respond faster to changing circumstances regarding fleet deployment.
    6. The Commission also requested comment on whether DBS and DARS 
licensees should be required to make any certifications that are not 
applicable to FSS providers making fleet management modifications. For 
example, one possible certification might be that a proposed DBS 
modification shall not cause greater interference than that which would 
occur from the current U.S. assignments in the International 
Telecommunication Union (ITU) Region 2 BSS Plan and its associated 
Feeder Link Plan. Another possibility might be to require DBS operators 
to certify that they will continue to meet the geographic service 
requirements that apply to DBS. The Commission also invited parties to 
recommend other possible certification requirements.
    7. Discussion. No DBS operators commented on this proposal, but one 
DARS operator, Sirius, did comment. We conclude that extending the 
fleet management modification procedure to DBS licensees would enable 
us to act on DBS fleet management modification requests faster than we 
do now. Accordingly, we adopt a fleet management modification procedure 
for DBS licensees.
    8. We also adopt the proposals in the 2nd FNPRM, to require DBS 
licensees using the fleet management modification procedure to certify 
that they will not cause greater interference than that which would 
occur from the current U.S. assignments in the International 
Telecommunication Union (ITU) Region 2 BSS Plan and its associated 
Feeder Link Plan. We will also require certifications that the DBS 
licensee will meet the geographic service requirements in Sec.  
25.148(c) of the Commission's rules. These certifications are necessary 
to ensure that DBS fleet management modifications are consistent with 
the public interest, convenience, and necessity.
    9. Sirius states that it does not oppose the fleet management 
proposal for GSO DARS systems. Accordingly, we revise the streamlined 
modification procedure for fleet management so that it also applies to 
DARS space stations. Moreover, in the 2nd FNPRM, the Commission did not 
propose to require DARS licensees proposing fleet management 
modifications to make any additional certifications, as it did for DBS 
licensees as discussed above, and no commenter proposed any such 
certifications. Therefore, GSO DARS licensees proposing fleet 
management modifications need to make only the seven certifications 
adopted in the Second Space Station Reform Order, 68 FR 62247, November 
3, 2003. DBS and GSO DARS licensees are permitted to make fleet 
management modification as with other GSO licensees, by requesting a 
modification by filing Form 312 and making the needed certifications.

C. Streamlined Modification Procedure for NGSO Licensees

    10. Background. Sirius proposes a streamlined procedure for NGSO 
system operators seeking to launch a ground spare as an in-orbit spare, 
and later operate it. Under the Sirius proposal, the applicant would 
file an application to launch the satellite. In the event that the 
license is granted, the applicant would notify the Commission of the 
launch date. Later, the applicant would also notify the Commission if 
and when it begins to operate the satellite. Sirius argues that in-
orbit spares enable licensees to replace decommissioned satellites 
promptly. Sirius also claims that this is comparable to the fleet 
management procedure for GSO satellites. No reply comments were filed 
on Sirius's proposal.
    11. Discussion. We agree with Sirius that its proposed procedure is 
comparable to the fleet management procedure for GSO satellites. 
Generally, activating an in-orbit spare in an NGSO satellite system 
involves moving the satellite from one previously authorized orbit to 
another. Similarly, fleet management modifications involve moving a GSO 
satellite from one previously authorized orbit location to another. 
Therefore, we adopt the Sirius proposal with one minor revision. We 
will permit all NGSO system operators to launch in-orbit spares, and to 
activate them without prior authorization from the Commission, provided 
that the activation does not cause the operator to exceed the total 
number of space stations that the licensee was authorized to operate 
under its blanket license for that system, and the spare satellite has 
technical characteristics identical to the other satellites in the 
constellation. If the activation of a spare satellite would cause the 
licensee to exceed its total number of authorized satellites, if the 
licensee plans to operate the satellite in an orbit that was not 
previously authorized, or if the spare has different technical 
characteristics, including but not limited to frequency bands, the 
licensee will need to seek a modification of its license. This is 
consistent with provisions that the Commission adopted for NGSO FSS 
licensees in the Ku-band and Ka-band.
    12. In summary, NGSO licensees using this procedure will be 
required to notify the Commission that they have launched a spare, or 
activated a ground spare, no later than 30 days after the launch or 
activation. Licensees will be required to make these notifications on 
Form 312. Since the satellite launches and activations contemplated 
here will not cause the licensee to exceed the number of satellites it 
is authorized to operate, we conclude that we will not require any fee 
for these notifications.

D. Conclusion

    13. In this Order, we extend mandatory electronic filing to all 
space station and earth station applications, related pleadings, and 
other filings governed by part 25. We also allow DBS and DARS licensees 
to take advantage of the fleet management modification procedure 
adopted for GSO FSS licensees in the Second Space Station Reform Order. 
Furthermore, we allow NGSO system operators to activate in-orbit spares 
without prior authorization from the Commission, provided that the 
activation does not cause the operator to exceed the total number of 
space stations that the licensee was authorized to operate under its 
blanket license for that system.
    14. Finally, we make revisions to part 1, subpart Y, to conform 
that subpart to

[[Page 47793]]

the revisions to part 25 we adopt in this Fourth Report and Order.

E. Procedural Matters

    15. Final Regulatory Flexibility Certification. The Regulatory 
Flexibility Act of 1980, as amended (RFA), 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.'' The RFA generally 
defines ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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).
    16. In this Fourth Report and Order, the Commission extends 
electronic filing requirements to satellite and earth station operators 
that are not currently subject to those requirements. The Commission 
believes that filing applications electronically is no more burdensome 
than submitting paper applications, because a majority of applicants 
currently file their applications electronically on a voluntary basis. 
We also make an existing streamlined license modification procedure 
available to DBS and DARS licensees, and adopt a new streamlined 
license modification procedure for NGSO licensees. The effect of these 
rule revisions is to reduce the administrative burdens of some space 
station licensees. We expect that these changes will be minimal and 
positive. Therefore, we certify that the requirements of this Fourth 
Report and Order will not have a significant economic impact on a 
substantial number of small entities. The Commission will send a copy 
of the Fourth Report and Order, 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 Fourth Report 
and Order 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).
    17. Privacy Impact Assessment. The Commission has performed a 
Privacy Impact Assessment as required by the Privacy Act, as amended by 
the E-Government Act of 2002. The Commission has determined that this 
information collection does not affect individuals or household; thus, 
there are no impacts under the Privacy Act.

F. Ordering Clauses

    18. 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 Fourth Report and Order in IB Docket No. 02-
34, and Fourth Report and Order in IB Docket No. 00-248, are hereby 
adopted.
    19. It is further ordered that parts 1 and 25 of the Commission's 
rules are amended as set forth in the rule changes.
    20. It is further ordered that the revisions to Sec. Sec.  1.10000, 
1.10006, 1.10007, 25.113 and 25.118(e) will become effective September 
7, 2004. The revisions to Sec. Sec.  25.110, 25.114, 25.115, 25.116, 
25.117, 25.118(a), 25.130, 25.131, and 25.154 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 sections.
    21. It is further ordered that the Consumer and Governmental 
Affairs 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.

List of Subjects in 47 CFR Parts 1 and 25

    Administrative practice and procedure, Satellites.

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

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR, parts 1 and 25, to read as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


0
2. Revise Sec.  1.10000 to read as follows:


Sec.  1.10000  What is the purpose of these rules?

    (a) These rules are issued under the Communications Act of 1934, as 
amended, 47 U.S.C. 151 et seq., and the Submarine Cable Landing License 
Act, 47 U.S.C. 34-39.
    (b) This subpart describes procedures for electronic filing of 
International and Satellite Services applications using the 
International Bureau Filing System.
    (c) More licensing and application descriptions and directions, 
including but not limited to specifying which International and 
Satellite service applications must be filed electronically, are in 
parts 1, 25, 63, and 64 of this chapter.

0
3. Revise Sec.  1.10006 to read as follows:


Sec.  1.10006  Is electronic filing mandatory?

    (a) Mandatory electronic filing requirements for applications for 
international and satellite services are set forth in parts 1, 25, 63, 
and 64 of this chapter.
    (b) If you are not required to file an international or satellite 
application, you may file that application electronically on a 
voluntary basis. However, we encourage you to use IBFS to increase 
time-savings and efficiency.

0
4. Amend Sec.  1.10007 by revising paragraph (b) to read as follows:


Sec.  1.10007  What applications can I file electronically?

* * * * *
    (b) For a complete list of applications you can file 
electronically, see the IBFS Web site at www.fcc.gov/ibfs.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
5. 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. 154, 301, 302, 303, 307, 309 and 332, unless 
otherwise noted.


0
6. Revise Sec.  25.110 to read as follows:


Sec.  25.110  Filing of applications, fees, and number of copies.

    (a) You can obtain application forms for this part by going online 
at www.fcc.gov/ibfs, where you may complete the form prior to 
submission via IBFS, the IB electronic filing system.
    (b) Submitting your application. All space station applications and 
all earth station applications must be filed electronically on Form 
312. In this part, any party permitted or required to file information 
on Form 312 must file that information electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.

[[Page 47794]]

    (c) All correspondence and amendments concerning any application 
must identify:
    (1) The satellite radio service;
    (2) The applicant's name;
    (3) Station location;
    (4) The call sign or other identification of the station; and
    (5) The file number of the application involved.
    (d) Copies. Applications must be filed electronically though IBFS. 
The Commission will not accept any paper version of any application.
    (e) Signing. Upon filing an application electronically, the 
applicant must print out the filed application, obtain the proper 
signatures, and keep the original in its files.
    (f) The applicant must pay the appropriate fee for its application 
and submit it in accordance with part 1, subpart G of this chapter.

0
7. Section 25.113 is amended by revising paragraph (g) introductory 
text and by adding paragraph (h) to read as follows:


Sec.  25.113  Construction permits, station licenses and launch 
authority.

* * * * *
    (g) Except as set forth in paragraph (h) of this section, a launch 
authorization and station license (i.e., operating authority) must be 
applied for and granted before a space station may be launched and 
operated in orbit. Request for launch authorization may be included in 
an application for space station license. However, an application for 
authority to launch and operate an on-ground spare satellite will be 
considered pursuant to the following procedures:
* * * * *
    (h) Licensees of Non-Geostationary Satellite Orbit (NGSO) satellite 
systems need not file separate applications to operate technically 
identical in-orbit spares authorized as part of a blanket license 
pursuant to Sec.  25.114(e) or any other satellite blanket licensing 
provision in this part. However, the licensee shall notify the 
Commission within 30 days of bringing the in-orbit spare into 
operation, and certify that operation of this space station did not 
cause the licensee to exceed the total number of operating space 
stations authorized by the Commission, and that the licensee will 
operate the space station within the applicable terms and conditions of 
its license. These notifications must be filed electronically on FCC 
Form 312.

0
8. Section 25.114 is amended by revising paragraph (b) to read as 
follows:


Sec.  25.114  Applications for space station authorizations.

* * * * *
    (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 all new space station authorizations must be filed 
electronically through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter.
* * * * *

0
9. Section 25.115 is amended by revising paragraph (a) to read as 
follows:


Sec.  25.115  Application for earth station authorizations.

    (a)(1) Transmitting earth stations. Except as provided under Sec.  
25.113(b), Commission authorization must be obtained for authority to 
construct and/or operate a transmitting earth station. Applications 
shall be filed electronically on FCC Form 312, Main Form and Schedule 
B, and include the information specified in Sec.  25.130, except as set 
forth in paragraph (a)(2) of this section.
    (2) Applicants for licenses for transmitting earth station 
facilities are required to file on Form 312EZ, to the extent that form 
is available, in the following cases:
    (i) The earth station 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) The earth station will meet all the applicable technical 
specifications set forth in part 25 of this chapter.
    (3) If Form 312EZ is not available, earth station license 
applicants specified in paragraph (a)(2) must file on FCC Form 312, 
Main Form and Schedule B, and include the information specified in 
Sec.  25.130.
    (4) Applications for earth station authorizations must be filed in 
accordance with the pleading limitations, periods and other applicable 
provisions of Sec. Sec.  1.41 through 1.52 of this chapter, except that 
such earth station applications must be filed electronically through 
the International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
* * * * *

0
10. Section 25.116 is amended by revising paragraph (e) to read as 
follows:


Sec.  25.116  Amendments to applications.

* * * * *
    (e) Any amendment to an application shall be filed electronically 
through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter. 
Amendments to space station applications must be filed on Form 312 and 
Schedule S. Amendments to space station applications must be filed on 
Form 312 and Schedule B.

0
11. Section 25.117 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  25.117  Modification of station license.

* * * * *
    (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. Both earth station 
and space station modification applications must be filed 
electronically through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter. 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:
* * * * *

0
12. Section 25.118 is amended by revising paragraph (a) introductory 
text, the introductory text of paragraph (e), and adding paragraphs 
(e)(8) and (e)(9), 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. This notification must be filed 
electronically

[[Page 47795]]

through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter:
* * * * *
    (e) Space station 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. This 
notification must be filed electronically on Form 312 through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter:
* * * * *
    (8) For DBS licensees, the space station licensee must certify that 
it will not cause greater interference than that which would occur from 
the current U.S. assignments in the International Telecommunication 
Union (ITU) Region 2 BSS Plan and its associated Feeder Link Plan.
    (9) For DBS licensees, the space station licensee must certify that 
it will meet the geographic service requirements in Sec.  25.148(c).

0
13. Section 25.130 is amended by revising paragraph (a) to read as 
follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, Main Form and Schedule B, 
accompanied by any required exhibits, except for those earth station 
applications filed on FCC Form 312EZ pursuant to Sec.  25.115(a). All 
such earth station license applications must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter.
* * * * *

0
14. Section 25.131 is amended by revising paragraph (a) to read as 
follows:


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

    (a) Except as provided in paragraphs (b) and (j) of this section, 
and section 25.115(a), applications for a license for a receive-only 
earth station shall be submitted on FCC Form 312, Main Form and 
Schedule B, accompanied by any required exhibits. All such earth 
station license applications must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.
* * * * *

0
15. Section 25.154 is amended by revising paragraph (a)(3), paragraph 
(c), and paragraph (d), to read as follows:


Sec.  25.154  Opposition to applications and other pleadings.

    (a) * * *
    (3) Filed in accordance with the pleading limitations, periods and 
other applicable provisions of Sec. Sec.  1.41 through 1.52 of this 
chapter, except that such petitions must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance 
with the applicable provisions of part 1, subpart Y of this chapter;
* * * * *
    (c) Oppositions to petitions to deny an application or responses to 
comments and informal objections regarding an application may be filed 
within 10 days after the petition, comment, or objection is filed and 
must be in accordance with other applicable provisions of Sec. Sec.  
1.41 through 1.52 of this chapter, except that such oppositions must be 
filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart 
Y of this chapter.
    (d) Reply comments by the party that filed the original petition 
may be filed with respect to pleadings filed pursuant to paragraph (c) 
of this section within 5 days after the time for filing oppositions has 
expired unless the Commission otherwise extends the filing deadline and 
must be in accordance with other applicable provisions of Sec. Sec.  
1.41 through 1.52 of this chapter, except that such reply comments must 
be filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart 
Y of this chapter.
[FR Doc. 04-16975 Filed 8-5-04; 8:45 am]
BILLING CODE 6712-01-P